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2009 05 05 CCeaf q#4dA 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, May 5, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-035 Ordinance No. 468 CALL TO ORDER Roll Call: Council Members: Franklin, Henderson, Kirk, 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 BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. City Council Agenda 1 May 5, 2002J6*r) 001 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL - APPOINTED POSITION — CITY MANAGER. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 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 FRANCIS H. LA BRANCHE JR. DATED APRIL 16, 2009, REGARDING THE LIEN OPTION (365) FOR THE SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR TENTATIVE PARCEL MAP 33954. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF APRIL 21, 2009. 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 MAY 5, 2009. City Council Agenda 2 May 5, 2009 0*--') 002 2. APPROVAL OF A FISCAL YEAR 2009/2010 CALIFORNIA DEPARTMENT OF CONSERVATION RECYCLING GRANT APPLICATION. 3. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. 4. ADOPTION OF A RESOLUTION APPROVING THE APPLICATION FOR A FISCAL YEAR 2009/2010 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) GRANT FOR CONGESTION MITIGATION AND AIR QUALITY PROJECTS. 5. ACCEPTANCE OF A DEDICATION FOR PUBLIC STREET PURPOSES ALONG AVENUE 54 AND PUBLIC UTILITY EASEMENT ALONG GRAY AVENUE FROM EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY CORPORATION, AND EXECUTION OF A QUITCLAIM DEED OF PUBLIC UTILITY EASEMENT ALONG GRAY AVENUE TO EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY CORPORATION. 6. APPROVAL OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES. 7. APPROVAL OF AMENDMENTS TO THE COMMUNITY SERVICES GRANT GUIDELINES/APPLICATION. 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 466, AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE. 9. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 467, AMENDING TITLE 13, SUBDIVISION REGULATION, OF THE LA QUINTA MUNICIPAL CODE. 10. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR FISCAL YEAR 2009/2010 PARK LANDSCAPE MAINTENANCE SERVICES. 11. APPROVAL TO APPROPRIATE FUNDING AND AWARD A CONTRACT TO LIGHTNING FENCE CO, INC. TO CONSTRUCT THE COVE STREET SIGNAGE PROGRAM, PROJECT NO. 2008-12. City Council Agenda 3 May 5, 2009 003 «.. . 12. APPROVAL TO AWARD A CONTRACT TO VALLEY SLURRY SEAL TO CONSTRUCT THE FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2008-11 . 13. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) FOR THE LA QUINTA GENERAL PLAN UPDATE. BUSINESS SESSION 1. CONSIDERATION OF 4T" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF FUNDING FOR THE WESTERN COACHELLA VALLEY REGIONAL HOMELESS MULTI -SERVICE CENTER OPERATION IN THE CITY OF PALM SPRINGS. A. MINUTE ORDER ACTION 3. CONSIDERATION OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30096-1 AND 30096-2, PUERTA AZUL PARTNERS, LLC. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 1.09, ADMINISTRATIVE CITATION, OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. 5. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.70 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROLS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. City Council Agenda 4 May 5, 2009 l` '- .01 004 6. CONSIDERATION OF FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT OR AFFIRMING ELECTION OF A REPLACEMENT AT THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 3, 2009. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (KIRK) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 12. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 13. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 14. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 15. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 16. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 17. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 18. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 19. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 20. COMMUNITY SERVICES COMMISSION MINUTES OF MARCH 9, 2009 21. INVESTMENT ADVISORY BOARD MINUTES OF MARCH 11, 2009 DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY City Council Agenda 5 May 5, 2009 y f' 005 3. CITY CLERK A. CITY COUNCIL SUMMER MEETING SCHEDULE B. DISCUSSION REGARDING COMMISSION APPLICANT INTERVIEWS 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT 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 — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to 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. PUBLIC HEARING TO CONSIDER A RESOLUTION AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR OFFSITE IMPROVEMENTS TO ELIMINATE A TRAFFIC SIGNAL AND AUTHORIZE A MEDIAN CLOSURE, AND ACCEPTING THE OFFSITE IMPROVEMENTS FOR PUERTA AZUL (TRACT MAP 30096), PUERTA AZUL PARTNERS, LLC. A. RESOLUTION ACTION City Council Agenda 6 May 5, 2009 r "pY . MW• 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO: 1) RESTRICT THE PLACEMENT OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); AND 2) REVISE TABLE 9-17 TO CHANGE THE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. 3. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2009/2010. A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on May 19, 2009, 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. City Council Agenda 7 May 5, 2009 ""n 007 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 May 5, 2009, 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 May 1, 2009. DATED;/MAY 1, 2009 VERONICA J.YONTECINO, City Clerk City of La Qrfinta, 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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. ..' p City Council Agenda 8 May 5, 2009 � 0 0 WRITTEN CORRESPONDENCE ITEM: I / - (� �4 Qum& .�ccy Otis y OF Tt� TO: The Honorable Mayor and Members of the City Council VIA: {{�� Thomas P. Genovese, City Manager FROM: Almothy R. Jonasson, Public Works Director/City Engineer DATE: April 28, 2009 SUBJECT: Written Correspondence from Francis H. La Branche, Jr. Dated April 16, 2009 Regarding the Lien option (365) for the Subdivision Improvement Agreement (SIA) for TPM #33954 Attachment 1 is the letter that was received on April 27, 2009 from Francis H. La Branche, Jr. requesting to exercise the lien option of his SIA for Parcel Map 33954 (Attachment 2)• The Letter of Credit that is currently securing the on -site and off -site improvements will expire on June 1, 2009. Mr. La Branche does not wish to extend the current Letter of Credit. Attachment 3 is the letter to Mr. La Branche outlining staff's recommended actions. Staff seeks direction from City Council regarding whether or not to schedule this item for the May 19, 2009 City Council Meeting. Attachments: 1. April 16, 2009 Letter from Mr. Francis H. La Branche Jr. 2. Site Map of Parcel Map 33954 3. April 24, 2009 letter to Mr. Francis H. La Branche Jr. from Mr. Timothy R. Jonasson, Public Works Director/City Engineer 009 ATTACHMENT 1 To: City of La Quinta P.O. Box 1504 La Quinta, California 92247-1504 78-495 Calle Tampico La Quinta, California 92253 From: 25 Bay Street Northfield, N.H. 03276 APR 2 77 2009 j Dear Honorable Mayor and Council Members, Cc: April 16, 2009 I have received an e-mail from Mr. Ed Wimmer, Development Services Principal Engineer, informing me that the city attorney, Kathy Jensen, has declined to allow the lien option (3115) of the SIA for TPM #33954, which presently has an irrevocable letter of credit set to expire June 1, 2009. The collapse in the real-estate market has prevented me from starting construction. As I am nearing retirement I had planned to sell two units and live in the third. I respectfully ask that you allow the lien option to be exercised, as this will ensure the construction of off -site improvements in the most timely fashion, when economic conditions permit. In addition I also ask that you waive the requirement that the property appraise at three times the cost of improvements, estimated at $200,000.00. I am sure that in the present decline in values it would not appraise at $6000,000.00. Everyone involved with the design and planning has stated that this development would be a great addition to the spirit and character of Old Town La Quinta. Your kind consideration to grant these requests will enable this project to be viable in the hoped -for near future. iiRespectfully /yours, �CJ2a�acio L� Francis H. La Branche Jr./ 010 ATTACHMENT 2 VICINITY MAP PM 33954 LA BRANCHE U) n zY Ld cn w 0 r� 3 z l.J �s ` l CALLE HIDALGO AVENIDA SINALOA CAt_1...E I TAMPICO �.J AVENIDA LA FONDA m u� CAL' �; r CALLE_ ri AMIGO AVENUE 011' 4 Qaw� TACHMENT 3 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 75-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 April 24, 2009 Sent via e-mail and Certified Mail Mr. Francis LaBranche, Jr 25 Bay Street Northfield, NH 03276 fhl'rl@mvfairpoint.net Re: Notice of Default regarding Parcel Map No. 33954 and request to City Council for relief from bonding requirements Dear Mr. La Branche: We are in receipt of your letter dated April 16, 2009 to the City Council. In that letter, you request the City to approve your substitution of a deed of trust on your property in place of the letter of credit (which is set to expire on June 1, 2009) as the improvement security for your Subdivision Improvement Agreement (SIA) for the Parcel Map No. 33954. Please note that we are not processing your letter as an appeal to the City Council since it was not submitted pursuant to La Quinta Municipal Code Section 2.04.100. Instead, we will treat it as written correspondence to the City Council. We anticipate that it will be placed on the agenda for the May 5, 2009 City Council meeting. Be advised that as a written correspondence agenda item, the Council will not take action on the request at that meeting. If the Council wishes to entertain your request, the Council would direct staff to bring the item back as a business item at a future meeting. The earliest meeting at which it might be considered is May 19, 2009. For your information, Public Works will recommend to the Council that if the Council is at all inclined to allow you to make the substitution, that at a minimum, the Council would have to require completion of the following steps: 1) An appraisal of your property prepared by an appraiser approved by the City Manager. The City generally has its appraisals prepared by Mike Scarcella of Capital Realty. The City would consider approving other qualified appraisers. The appraisal would have to be current, and would be paid for by you. 16 0 4n n 00756 012 100 56402 a04/24/09 "' y 2) You would be responsible for having legal counsel prepare a proposed deed of trust. The form of the deed would have to meet the approval of the City Attorney. You would be required to deposit funding to cover that legal review and to cover other legal services required to be incurred by the City as a result of your request. You would need to initially deposit $5000 for the expenditure. The deed of trust would need to include the requirement contained in Resolution No. 96-27, Section 1, paragraph (E). You would be required to apply for an extension of the deadlines of your SIA. 3) The City would require a current Title Report verifying that there are no liens or encumbrances on the property. You would be required to fund a title policy for the amount of the deed of trust from a title company approved by the City. The City's deed of trust would need to be in a first position and would not be subordinated to any other liens. 4) You would be responsible for all costs incurred by the City, including escrow fees, title costs, recording fees, etc. You would be required to advance those fees up front. 5) You would have to extend your letter of credit or deposit the security with the .City while all these steps were being taken. Otherwise, the City will have to call on the letter of credit before it expires. Please indicate whether or not you are agreeable to these points at your earliest convenience. Be advised that if these minimum requirements cannot be met, the Public Works Department and the City Attorney will jointly recommend that no action be taken on your letter request at the May 5th meeting. Moreover, even if you are in agreement on these items, if your property value is not at least three times the improvement costs, the City Council would have to first decide whether or not it wishes to amend Resolution 96-27 to reduce the 300% requirements for deeds of trust. If it did not amend the resolution, it would not be able to approve your request. Just to reiterate, if substitute security is not in place by the end of May, the City will be legally required to call on your Letter of Credit prior to its expiration at the end of May. Please call me if there are any questions, Sincerely, C�-2� 4 vkkvt� (/ Timothy R. Jo son, P.E. Public Works Director/City Engineer CC: Katherine Jenson, Rutan & Tucker, LLP !� 013 119/015610-0002 1007564.02 a04/24/09 QUA F 'v S S OF COUNCILIRDA MEETING DATE: May 5, 2009 ITEM TITLE: Demand Register Dated May 5, 2009 RECOMMENDATION: Approve Demand Register Dated May 5, 2009 BACKGROUND: Prepaid Warrants: 82515 - 82531) 71,734.70 82532 - 82555) 10,985.24 825561 10,000.00 Voids} (874.68) Wire Transfers} 403,419.07 P/R 35696 - 35708) 227,968.50 P/R Tax Transfers} 59,626.01 Payable Warrants: 82557 - 827081 694,388.29 $1,477,247.13 FISCAL IMPLICATIONS: Demand of Cash - City $1,090,988.25 Demand of Cash - RDA $386,258.88 r John M. Falco er, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING 014 CITY OF LA QUINTA BANK TRANSACTIONS 04/15/09 - 04/28/09 04/16/09 WIRE TRANSFER - TASC 04/17/09 WIRE TRANSFER - ICMA 04/17/09 WIRE TRANSFER - PERS 04/21/09 WIRE TRANSFER - LANDMARK 04/23/09 WIRE TRANSFER - NATIONS TITLE $1,077 04 $14,376 60 $60,659 91 $224,305.52 $103,000 00 TOTAL WIRE TRANSFER OUT $403,419 07 015 PREPARED04/16/2009, 9:28:03 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 74 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 81501* 550 PALM DESERT, CITY OF 002663 02/06/2009 101-5001-424.51-01 125.00- 125.00- ■ VOIDED 82090■ 3913 MCDONNALL, PAUL 003218 03/13/2009 101-0000-156.00-00 138.02- 138.02- ■ VOIDED 82091■ 3914 MCDONNELL, PAUL 003217 03/13/2009 101-0000-156.00-00 4.40- 4.40- * VOIDED 82140■ 3914 MCDONNELL, PAUL 003385 03/27/2009 101-0000-156.00-00 414.07- 414.07- * VOIDED 82141■ 3915 MCDONNELL, PAUL 003384 03/27/2009 101-0000-156.00-00 13.19- 13.19- ■ VOIDED 82515 15 ADT SECURITY SERVICES 003786 04/17/2009 101-3005-451.56-52 63.26 003787 04/17/2009 101-3006-451.41-30 46.00 109.26 ■ 109.26 82516 133 CALPERS LONG-TERM CARE PR PR0417 04/17/2009 101-0000-209.49-00 86.88 86.88 ■ 86.88 82517 268 COACHELLA VALLEY WATER DI 003761 04/17/2009 101-3005-451.40-01 1,037.96 003762 04/17/2009 101-3005-451.40-12 773.94 003763 04/17/2009 101-3005-451.40-94 92.00 003764 04/17/2009 101-3004-451.41-16 96.99 003765 04/17/2009 101-3006-451.41-16 108.89 003766 04/17/2009 101-7004-431.41-19 10,381.13 003767 04/17/2009 101-3005-451.40-02 1,276.88 003768 04/17/2009 101-3005-451.40-04 135.56 003769 04/17/2009 101-3005-451.40-14 1,237.04 003770 04/17/2009 101-3005-451.40-12 1,014.62 003771 04/17/2009 101-3002-451.41-16 258.41 003772 04/17/2009 101-5008-419.41-16 116.47 003773 04/17/2009 101-7004-431.41-19 2,350.88 003774 04/17/2009 101-3005-451.40-03 57.54 003775 04/17/2009 101-3005-451.40-05 39.68 003776 04/17/2009 101-3005-451.40-06 216.20 003777 04/17/2009 101-5055-422.41-16 326.18 003778 04/17/2009 101-3005-451.40-07 303.62 003779 04/17/2009 101-5055-422.41-16 69.55 003780 04/17/2009 405-9001-702.32-15 415.10 003781 04/17/2009 405-9001-702.32-15 167.88 20,476.52 * 20,476.52 82518 594 DESERT CITIES CATERING 003796 04/17/2009 101-3002-451.56-02 1,827.00 1,827.00 ■ 1,827.00 82519 4082 DOLPHIN CAPITAL CORP 003785 04/17/2009 101-4002-415.56-29 53.29 53.29 * 53.29 O u QD PREPARED04/16/2009, 9:28:03 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 74 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82520 940 FUELMAN 003789 04/17/2009 501-0000-511.43-34 717.15 717.15 * 717.15 82521 136 GAS COMPANY, THE 003782 04/17/2009 101-5008-419.41-13 607.22 607.22 * 607.22 82522 1830 LIUNA PR0417 04/17/2009 101-0000-209.80-00 884.00 884.00 * 884.00 82523 3694 PAUL, JAMES & SHARON 003799 04/17/2009 101-5054-421.44-04 4,440.87 4,440.87 * 4,440.87 82524 3513 PROJECT DIMENSIONS, INC. 003791 04/17/2009 401-1774-551.35-07 16,429.94 003792 04/17/2009 401-1775-551.35-07 9,865.00 003793 04/17/2009 401-1773-551.35-07 5,475.00 003794 04/17/2009 401-1776-551.35-07 5,630.00 37,399.94 * 37,399.94 82525 4918 SKILLPATH ON -SITE 003800 04/17/2009 101-5004-424.51-01 2,500.00 2,500.00 * 2,500.00 82526 56 TIME WARNER CABLE 003788 04/17/2009 101-7003-431.56-52 7.97 7.97 * 7.97 82527 4621 TOWER ENERGY GROUP. 003790 04/17/2009 501-0000-511.43-34 2,004.88 2,004.88 * 2,004.88 82528 4917 TSS RADIO 003795 04/17/2009 101-5056-425.53-01 179.99 179.99 * 179.99 82529 63 UNITED WAY OF THE DESERT PR0417 04/17/2009 101-0000-209.81-00 155.00 155.00 * 155.00 82530 2290 VERIZON CALIFORNIA 003783 04/17/2009 101-4002-415.41-22 87.93 003784 04/17/2009 101-4002-415.41-22 36.68 003797 04/17/2009 101-4002-415.41-22 120.12 244.73 * 244.73 82531 1646 WEBER, MARK D. 003798 04/17/2009 101-6001-463.51-01 40.00 40.00 * 40.00 BANK/CHECK TOTAL 71,040.02 71,734.70 ALL BANKS/CHECKS TOTAL 71,040.02 71,734.70 O PREPARED 04/16/2009, 9:18:18 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 04/17/2009 CHECK DATE: 04/17/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME _ EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000015 00 ADT SECURITY SERVICES 91259630 003786 00 04/17/2009 101-3005-451.56-52 SECURITY-LQ PARK 63.26 91259604 003787 00 04/17/2009 101-3006-451.41-30 SECURITY -MUSEUM 46.00 VENDOR TOTAL * 109.26 0000133 00 CALPERS LONG-TERM CARE PROGRAM 20090417 PR0417 00 04/17/2009 101-0000-209.49-00 PAYROLL SUMMARY 86.88 VENDOR TOTAL ■ 86.88 0000268 00 COACHELLA VALLEY WATER DIST VARIOUS 003771 00 04/17/2009 101-3002-451.41-16 WATER SVC 258.41 VARIOUS 003764 00 04/17/2009 101-3004-451.41-16 WATER SVC 96.99 VARIOUS 003761 00 04/17/2009 101-3005-451.40-01 WATER SVC 1,037.96 VARIOUS 003762 00 04/17/2009 101-3005-451.40-12 WATER SVC 773.94 060706327502 003763 00 04/17/2009 101-3005-451.40-04 WATER SVC 92.00 VARIOUS 003767 00 04/17/2009 101-3005-451.40-02 WATER SVC 1,276.88 VARIOUS 003768 00 04/17/2009 101-3005-451.40-04 WATER SVC 135.56 VARIOUS 003769 00 04/17/2009 101-3005-451.40-14 WATER SVC 1,237.04 VARIOUS 003770 00 04/17/2009 101-3005-451.40-12 WATER SVC 1,014.62 VARIOUS 003774 00 04/17/2009 101-3005-451.40-03 WATER SVC 57.54 VARIOUS 003775 00 04/17/2009 101-3005-451.40-05 WATER SVC 39.68 VARIOUS 003776 00 04/17/2009 101-3005-451.40-06 WATER SVC 216.20 050719434401 003778 00 04/17/2009 101-3005-451.40-07 PIONEER PARK 303.62 VARIOUS 003765 00 04/17/2909 101-3006-451.41-16 WATER SVC 108.89 VARIOUS 003772 00 04/17/2009 101-5008-419.41-16 WATER SVC 116.47 VARIOUS 003777 00 04/17/2009 101-5055-422.41-16 WATER SVC 326.18 060716118112 003779 00 04/17/2009 101-5055-422.41-16 WATER -FIRE ST70 69.55 VARIOUS 003766 00 04/17/2009 101-7004-431.41-19 WATER SVC 10,381.13 VARIOUS 003773 00 04/17/2009 101-7004-431.41-19 WATER SVC 21350.88 1602.01 003780 00 04/17/2009 405-9001-702.32-15 SRR PM10 - 415.10 4704.01 003781 00 04/17/2009 405-9001-702.32-15 SRR PM10 167.88 VENDOR TOTAL * 20,476.52 0000594 00 DESERT CITIES CATERING 08-510 003796 00 04/17/2009 101-3002-451.56-02 VLNTR RECOG LUNCHEON 1,827.00 VENDOR TOTAL ■ 1,827.00 0004082 00 DOLPHIN CAPITAL CORP 1469997 003785 00 04/17/2009 101-4002-415.56-29 WATER COOLER 53.29 VENDOR TOTAL x 53.29 0000940 00 FUELMAN 236325 003789 00 04/17/2009 501-0000-511.43-34 FUEL-MAR'09 717.15 VENDOR TOTAL * 717.15 0000136 00 GAS COMPANY, THE 02692565001 003782 00 04/17/2009 101-5008-419.41-13 GAS -CITY HALL 607.22 VENDOR TOTAL ■ 607.22 S001830 00 LIUNA PREPARED 04/16/2009, 9:18:18 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 04/17/2009 CHECK DATE: 04/17/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0001830 00 LIUNA 20090417 PR0417 00 04/17/2009 101-0000-209.80-00 PAYROLL SUMMARY 884.00 VENDOR TOTAL * 884.00 0003913 00 MCDONNALL, PAUL 609040007-0 003218 00 03/15/2009 101-0000-156.00-00 PROPERTY TAX CHECK #: 82090 138.02- VENDOR TOTAL * .00 138.02- 0003914 00 MCDONNELL, PAUL 609040023-4 003217 00 03/13/2009 101-0000-156.00-00 PROPERTY TAX CHECK #: 82091 4.40- 609040007-0 003385 00 03/27/2009 101-0000-156.00-00 PROPERTY TAX CHECK #: 82140 414.07- VENDOR TOTAL * .00 418.47- 0003915 00 MCDONNELL, PAUL 609040023-4 003384 00 03/27/2009 101-0000-156.00-00 PROPERTY TAX CHECK #: 82141 13.19- VENDOR TOTAL * .00 13.19- 0000550 00 PALM DESERT, CITY OF HANADA 002663 00 02/06/2009 101-5001-424.51-01 ACCESSIBILITY TRAINING CHECK #: 81501 125.00- VENDOR TOTAL * .00 125.00- 0003694 00 PAUL, JAMES & SHARON MAY'09 003799 00 04/17/2009 101-5054-421.44-04 SUBSTATION RENT 4,440.87 VENDOR TOTAL * 4,440.87 0003513 00 PROJECT DIMENSIONS, INC. 20146 003793 00 04/17/2009 401-1773-551.35-07 FEB'09 PRJ MGMT SVC 5,475.00 20146 003791 00 04/17/2009 401-1774-551.35-07 FEB-09 PRJ MGMT SVC 16,429.94 20146 003792 00 04/17/2009 401-1775-551.35-07 FEB'09 PRJ MGMT SVC 9,865.00 20146 003794 00 04/17/2009 401-1776-551.35-07 FEB'09 PRJ MGMT SVC 5,630.00 VENDOR TOTAL * 37,399.94 0004918 00 SKILLPATH ON -SITE 117148 003800 00 04/17/2009 101-5004-424.51-01 CODE/ANIMAL CNTRL TRN 2,500.00 VENDOR TOTAL * 2,500.00 0000056 00 TIME WARNER CABLE 0406828 003788 00 04/17/2009 101-7003-431.56-52 CABLE SVC 7.97 VENDOR TOTAL * 7.97 0004621 00 TOWER ENERGY GROUP 1075 003790 00 04/17/2009 501-0000-511.43-34 FUEL-3/17-3/31 2,004.88 VENDOR TOTAL * 2,004.88 0004917 00 TSS RADIO 041409 003795 00 04/17/2009 101-5056-425.53-01 SIRIUS CONN HOME TUNER 179.99 VENDOR TOTAL * 179.99 0000063 00 UNITED WAY OF THE DESERT 20090417 PR0417 00 94/17/2009 101-0000-209.81-00 PAYROLL SUMMARY 155.00 PREPARED 04/16/2009, 9:18:18 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 04/17/2009 CHECK DATE: 04/17/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000063 00 UNITED WAY OF THE DESERT 0002290 00 VERIZON CALIFORNIA 345-1471 003783 00 04/17/2009 771-2109 003784 00 04/17/2009 777-1222 003797 00 04/17/2009 0001646 REIMB i O N O 00 WEBER, MARK D. 003798 00 04/17/2009 VENDOR TOTAL * 155.00 101-4002-415.41-22 LQ PARK PAYPHONE 87.93 101-4002-415.41-22 WASH/EISEN MEDIAN 36.68 101-4002-415.41-22 DSL PHONE SVC 120.12 VENDOR TOTAL ■ 244.73 101-6001-463.51-01 TRVL-PARKING 40.00 VENDOR TOTAL * 40.00 HAND ISSUED TOTAL > TOTAL EXPENDITURES ■* 71,734.70 GRAND TOTAL ■***xxrrxr>r• 694.68- 694.68- 71,040.02 PREPARED04/23/2009, 9:48:33 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 75 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82299■ 421 SMITH MOTORSPORTS, MALCOM 003446 03/31/2009 501-0000-511.43-50 180.00- 180.00- * VOIDED 82532 15 ADT SECURITY SERVICES 003860 04/24/2009 101-5054-421.41-30 34.99 003861 04/24/2009 101-3002-451.41-30 253.86 003862 04/24/2009 101-5054-421.41-30 1.73 003863 04/24/2009 101-5054-421.41-30 a 150.00 440.58 ■ 440.58 82533 1665 AMERICAN ASSOC OF CODE 003884 04/24/2009 101-5004-424.53-03 75.00 75.00 75.00 82534 4439 BIEGEL, JOAN 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 75.00 82535 91 BRODSKY, SHELDON 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 ■ 75.00 82556 3210 BURRTEC WASTE 8 RECYCLING 003867 04/24/2009 218-0000-421.42-17 98.46 98.46 98.46 82537 268 COACHELLA VALLEY WATER DI 003852 04/24/2009 101-7004-431.41-19 431.58 431.58 ■ 431.58 82538 4437 DARROCH, ROSEMARIE 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 ■ 75.00 82539 4438 FITZPATRICK, KATHLEEN 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 ■ 75.00 82540 506 GASSMAN, ANDREA 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 * 75.00 82541 4518 GREGORY, RAYMOND 003866 04/24/2009 101-5054-421.36-34 173.97 173.97 * 173.97 82542 2958 IMPERIAL IRRIGATION 003868 04/24/2009 218-0000-421.40-15 344.28 344.28 r 344.28 82543 77 JONASSON, TIM 003868 04/24/2009 101-7001-431.53-03 220.00 003868 04/24/2009 101-7001-431.51-01 20.00 240.00 a 240.00 82544 505 LEIDNER, ROBERT 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 * 75.00 82545 3927 QUILL, DORI 003883 04/24/2009 101-3001-451.10-10 75.00 75.00 ■ 75.00 82546 4945 SAWYER, DAVID 003884 04/24/2009 101-6001-463.51-01 104.03 O N F-s PREPARED04/23/2009, 9:48:33 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 75 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82546 4945 SAWYER, DAVID 104.03 ■ 104.03 82547 150 SPARKLETTS 003864 04/24/2009 101-7003-431.56-52 165.45 003865 04/24/2009 101-5054-421.41-16 76.42 241.87 ■ 241.87 82548 909 STANDARD INSURANCE COMPAN 003858 04/24/2009 101-0000-209.47-00 864.23 003859 04/24/2009 101-0000-209.55-00 6,419.14 7,283.37 * 7,283.37 82549 56 TIME WARNER CABLE 003884 04/24/2009 502-0000-512.30-03 8.42 8.42 ■ 8.42 82550 4944 TONNIGES, STEVE 003884 04/24/2009 101-6000-343.12-00 70.00 70.00 > 70.00 82551 2956 VERIZON CA 003857 04/24/2009 218-0000-421.41-22 275.29 275.29 * 275.29 82552 2290 VERIZON CALIFORNIA 003853 04/24/2009 101-3005-451.43-59 42.73 003854 04/24/2009 101-4002-415.71-01 36.98 003855 04/24/2009 191-5054-421.43-62 275.29 355.00 ■ 355.00 82553 2157 VERIZON ON LINE 003856 04/24/2009 101-4002-415.41-22 79.95 79.95 ■ 79.95 82554 2955 VERIZON WIRELESS CA 003881 04/24/2009 218-0000-421.41-22 203.03 203.03 * 203.03 82555 3220 VILLALPANDO, GILBERT 003868 04/24/2009 101-3003-451.51-33 35.41 35.41 * 35.41 BANK/CHECK TOTAL 10,805.24 10,985.24 ALL BANKS/CHECKS TOTAL 10,805.24 10,985.24 O N N PREPARED 04/23/2009, 9:37:03 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 04/24/2009 CHECK DATE: 04/24/2009 CITY OF LA OUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO SEG# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000015 00 ADT SECURITY SERVICES 91259611 003861 00 04/24/2009 101-3002-451.41-30 MAY-09 SR CTR-SECURITY 253.86 91259603 003860 00 04/24/2009 101-5054-421.41-30 MAY'09 SECURITY 34.99 91701656 003862 00 04/24/2009 101-5054-421.41-30 SECURITY PRO -RATE 1.73 91633371 003863 00 04/24/2009 101-5054-421.41-30 SECURITY INSTALL 150.00 VENDOR TOTAL * 440.58 0001665 00 AMERICAN ASSOC OF CODE AACE100572 003884 00 04/24/2009 101-5004-424.53-03 MEMBERSHIP RENEWAL 75.00 VENDOR TOTAL * 75.00 0004439 00 BIEGEL, JOAN APR'09 003883 00 04/24/2009 101-3001-451.10-10 COMM SVC COMM MTG 75.90 VENDOR TOTAL ■ 75.00 0000091 00 BRODSKY, SHELDON APR'09 003883 00 04/24/2009 101-3001-451.10-10 COMM SVC COMM MTG 75.00 VENDOR TOTAL * 75.00 0003210 00 BURRTEC WASTE & RECYCLING SVCS 50-IC209420 003867 00 04/24/2009 218-0000-421.42-17 MAR'09 TRASH SVC 98.46 VENDOR TOTAL ■ 98.46 0000268 00 COACHELLA VALLEY WATER DIST VARIOUS 003852 00 04/24/2009 101-7004-431.41-19 WATER SVC 431.58 VENDOR TOTAL * 431.58 0004437 00 DARROCH, ROSEMARIE APR'09 003883 00 04/24/2009 101-3001-451.10-10 COMM SVC COMM MTG 75.00 VENDOR TOTAL r 75.00 0004438 00 FITZPATRICK, KATHLEEN APR'09 003883 00 04/24/2009 101-3001-451.10-10 COMM SVC COMM MTG 75.00 VENDOR TOTAL ■ 75.00 0000506 00 GASSMAN, ANDREA APR'09 003883 00 04/24/2009 101-3001-451.10-10 COMM SVC COMM MTG 75.00 VENDOR TOTAL * 75.00 0004518 00 GREGORY, RAYMOND REIMB 003866 00 04/24/2009 101-5054-421.36-34 SP ENFORCEMENT FUND 173.97 VENDOR TOTAL * 173.97 0002958 00 IMPERIAL IRRIGATION 50206738 003868 00 04/24/2009 218-0000-421.40-15 MAR'09 ELECTRIC SVC 344.28 VENDOR TOTAL ■ 344.28 0000077 00 JONASSON, TIM FEIMB 003868 00 04/24/2009 101-7001-431.53-03 MEMBERSHIP-ASCE 220.00 REIMB 003868 00 04/24/2009 101-7001-431.51-01 APWA LUNCHEON 20.00 O N W PREPARED 04/23/2009, 9:37:03 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 04/24/2009 CHECK DATE: 04/24/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME I EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000077 00 JONASSON, TIM 0000505 00 LEIDNER, ROBERT APR'09 003883 00 04/24/2009 0003927 00 QUILL, DORI APR'09 003883 00 04/24/2009 0004945 00 SAWYER, DAVID REIMB 003884 00 04/24/2009 0000421 00 SMITH MOTORSPORTS, MALCOM 99717815 003446 00 03/31/2009 0000150 00 SPARKLETTS 4280957 003865 00 04/24/2009 4282032 003864 00 04/24/2009 0000909 00 STANDARD INSURANCE COMPANY 006430680001 003858 00 04/24/2009 006430680001 003859 00 04/24/2009 0000056 00 TIME WARNER CABLE 0277799 003884 00 04/24/2009 0004944 00 TONNIGES, STEVE PERMIT#8-3363 003884 00 04/24/2009 VENDOR TOTAL ■ 101-3001-451.10-10 COMM SVC COMM MTG VENDOR TOTAL * 101-3001-451.10-10 COMM SVC COMM MTG VENDOR TOTAL * 101-6001-463.51-01 MEALS -CA PRESV CONF VENDOR TOTAL ■ 501-0000-511.43-50 REPAIR-02'05L93 VENDOR TOTAL * 101-5054-421.41-16 WATER SVC 101-7003-431.56-52 WATER SVC VENDOR TOTAL ■ 101-0000-209.47-00 MAY'09 LIFE INSUR 101-0000-209.55-00 MAY'09 LIFE INSUR VENDOR TOTAL � 502-0000-512.30-03 CABLE SVC VENDOR TOTAL * 101-6000-343.12-00 REFUND VENDOR TOTAL > 0002956 00 VERIZON CA UHO-2705 003857 00 04/24/2009 218-0000-421.41-22 PHONE SVC VENDOR TOTAL * 0002290 00 VERIZON CALIFORNIA 345-2951 003853 00 04/24/2009 771-0231 003854 00 04/24/2009 UHB-9234 003855 00 04/24/2009 0002157 00 VERIZON ON LINE 43054021 003856 00 04/24/2009 0002955 00 VERIZON WIRELESS CA O N A 101-3005-451.43-59 LQ PARK 101-4002-415.71-01 WASH/EISEN MEDIAN 101-5054-421.43-62 PHONE SVC VENDOR TOTAL * 101-4002-415.41-22 DSL Z LQ PARK VENDOR TOTAL * 240.00 75.00 75.00 75.00 75.00 104.03 104.03 CHECK #: 82299 .00 76.42 165.45 241.87 864.23 6,419.14 7,283.37 8.42 8.42 70.00 70.00 275.29 275.29 42.73 36.98 275.29 355.00 79.95 79.95 180.00- 180.00- PREPARED 04/23/2009, 9:37:03 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 04/24/2009 CHECK DATE: 04/24/2009 CITY OF LA DUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE0# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 0002955 00 VERIZON WIRELESS CA 0749358157 003881 00 04/24/2009 218-0000-421.41-22 PHONE SVC 203.03 0003220 REIMB VENDOR TOTAL ■ 203.03 00 VILLALPANDO, GILBERT 003868 00 04/24/2009 101-3003-451.51-33 DRY CLEANING 35.41 VENDOR TOTAL * 35.41 HAND ISSUED TOTAL *r■ 180.00- TOTAL EXPENDITURES ■■ 10,985.24 180.00- GRAND TOTAL***** 10,805.24 O N cn PREPARED04/23/2009, 16:31:26 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE I PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 76 BANK 00 WELLS FARGO BANK ------------------ CHECK ----------------------------------------------------------------------------------------------------------------- VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82556 4943 SLATER, SUSAN E 003888 04/24/2009 401-1759-551.45-10 10,000.00 10,000.00 ■ 10,000.00 BANK/CHECK TOTAL 10,000.00 10,000.00 ALL BANKS/CHECKS TOTAL 10,000.00 10,000.00 O N PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN), TOTAL 82557 2 ACE HARDWARE 003812 04/28/2009 101-7003-431.56-52 454.19 454.19 * 454.19 82558 3727 ADAMSON POLICE PRODUCTS 003832 04/28/2009 218-0000-421.56-02 68.75 68.75 a 68.75 82559 2688 ADVANTAGE FITNESS PRODUCT 003897 04/28/2009 101-3003-451.56-02 281.74 281.74 * 281.74 82560 3578 AIR & HOSE SOURCE, INC. 003832 04/28/2009 101-7004-431.56-52 128.63 003841 04/28/2009 501-0000-511.43-46 144.69 003841 04/28/2009 501-0000-511.43-40 95.70 369.02 * 369.02 82561 3787 ALTEVERS ASSOCIATES ARCHI 003900 04/28/2009 401-1774-551.35-07 455.83 455.83 ■ 455.83 82562 4514 ALVAREZ, MARIA PILAR 003882 04/28/2009 101-3002-451.33-43 33.60 33.60 * 33.60 82563 296 AMERICAN FORENSIC NURSES 003880 04/28/2009 101-5054-421.36-31 306.50 306.50 r 306.50 82564 297 AMERICAN PUBLIC WORKS ASS 003835 04/28/2009 101-7001-431.53-04 28.00 28.00 * 28.00 82565 3774 AMERICAN RED CROSS 003907 04/28/2009 101-5056-425.51-01 184.00 184.00 * 184.00 82566 1890 AMERICAN ROTARY BROOM CO 003812 04/28/2009 501-0000-511.43-46 1,117.93 1,117.93 ■ 1,117.93 82567 16 AMERIPRIDE UNIFORM SERVIC 003880 04/28/2009 101-3002-451.42-15 133.50 003880 04/28/2009 101-3002-451.42-15 133.50 267.00 + 267.00 82568 4951 ARIDA, NEAL 003912 04/28/2009 101-3003-451.33-43 63.00 63.00 ■ 63.00 82569 4613 ASH CITY USA, INC. 003898 04/28/2009 101-1004-413.53-05 35.92 35.92 * 35.92 82570 18 BANG INC, DAVE 003882 04/28/2009 503-0000-513.71-01 2,444.70 2,444.70 2,444.70 82571 3726 BANK OF NEW YORK MELLON 003842 04/28/2009 101-4001-415.31-13 2,627.79 2,627.79 ■ 2,627.79 82572 4312 BARAJAS, CHRISTINA 003880 04/28/2009 218-0000-421.30-15 232.00 �) 232.00 • 232.00 O N PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE - REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82573 4937 BASTO, CHELLY 003877 04/28/2009 101-0000-228.30-00 50.00 50.00 * 50.00 82574 4934 BERKSON, GARY 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 82575 4921 BLISS DENTISTRY 003842 04/28/2009 101-1000-321.00-00 54.00 54.00 * 54.00 82576 4855 BMW OF NORTH COUNTY 003832 1291 04/28/2009 501-0000-511.71-03 24,087.52 24,087.52 * 24,087.52 82577 3274 BODDEN, RENATE 003882 04/28/2009 101-3002-451.33-43 52.50 - 52.50 * 52.50 82578 137 BOYS & GIRLS CLUB OF COAC 003841 04/28/2009 101-3001-451.33-10 10,000.00 10,000.00 * 10,000.00 82579 4928 BRADBERRY, NANCY 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 82580 3378 BUREAU VERITAS NORTH AMER 003841 04/28/2009 101-7002-431.33-34 2,250.00 2,250.00 * 2,250.00 82581 19 CADET UNIFORM SERVICE 003806 04/28/2009 101-7003-431.44-07 100.00 003807 04/28/2009 101-7004-431.44-07 9.83 003808 04/28/2009 101-7003-431.44-07 90.00 003809 04/28/2009 101-7004-431.44-07 22.59 222.42 * 222.42 82582 4675 CALPORTLAND 003832 04/28/2009 101-7003-431.56-52 522.73 522.73 * 522.73 82583 4952 CAMPBELL, ANDRE 003912 04/28/2009 101-3003-451.33-43 168.00 168.00 * 168.00 82584 593 CAPITAL REALTY ANALYSTS 003899 04/28/2009 246-9002-703.51-49 2,500.00 2,500.00 * 2,500.00 82585 4650 CARSONITE COMPOSITES 003899 04/28/2009 101-1004-413.33-24 524.28 524.28 * 524.28 82586 947 CASSEL, LLORA 003886 04/28/2009 101-3003-451.33-43 56.00 56.00 * 56.00 82587 22 CDW GOVERNMENT INC 003805 04/28/2009 502-0000-512.56-25 189.00 003900 04/28/2009 502-0000-512.56-25 2,613.97 2,802.97 * 2,802.97 --382588 4115 CHECKMATE TELEPHONE EXCHA 003903 04/28/2009 101-5006-426.51-07 119.70 PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82588 4115 CHECKMATE TELEPHONE EXCHA 119.70 * 119.70 82589 4938 CHERLAND, ROD 003877 04/28/2009 101-0000-228.30-00 100.00 100.00 * 100.00 82590 355 CLEAN STREET 003841 04/28/2009 101-7003-431.44-10 10,080.40 10,080.40 * 10,080.40 82591 4932 CODON, GARY 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 82592 206 COMPUTER U 003882 04/28/2009 101-3002-451.33-43 273.00 273.00 * 273.00 82593 4936 CRISPO, DR & MRS GEORGE F 003842 04/28/2009 101-5000-322.20-00 4.90 4.00 * 4.00 82594 2354 D/A PACIFIC INC 003897 04/28/2009 101-5008-419.43-88 60.00 003907 04/28/2009 101-5056-425.56-31 538.31 598.31 * 598.31 82595 4939 DANGLEIS, JOHN 003878 04/28/2009 101-0000-228.30-00 50.00 003879 04/28/2009 101-5000-342.60-00 50.00 100.00 * 100.00 82596 3033 DATA TICKET, INC. 003904 04/28/2009 101-5004-424.31-19 3,026.75 3,026.75 * 3,026.75 82597 4208 DDL TRAFFIC INC. 003832 04/28/2009 101-7005-431.32-20 700.00 003832 04/28/2009 101-7005-431.32-20 700.38 1,400.38 * 1,400.38 82598 112 DEPARTMENT OF JUSTICE 003832 04/28/2009 101-5054-421.36-31 210.00 ' 210.00 * 210.00 82599 72 DESERT BUSINESS MACHINES 003850 04/28/2009 101-4002-415.43-22 183.05 183.05 * 183.05 82600 26 DESERT ELECTRIC SUPPLY 003832 04/28/2009 101-7004-431.56-52 88.62 003832 04/28/2009 101-7004-431.56-52 1,880.34 003832 04/28/2009 101-7004-431.56-52 1,396.15 003832 04/28/2009 101-7004-431.56-52 769.35 4,134.46 * 4,134.46 82601 4602 DOMINY & ASSOCIATES ARCHI 003812 04/28/2009 401-1791-551.35-07 27,694.78 27,694.78 * 27,694.78 82602 3052 DUCHENE, GERALD 003886 04/28/2009 101-3003-451.33-43 245.00 245.00 * 245.00 O N (o PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 4 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82603 389 DUNHAM, KATHY 003882 04/28/2009 101-3002-451.33-43 190.40 190.40 ■ 190.40 82604 4769 ECONOMY TREE & CRANE, INC 003850 1288 04/28/2009 101-3004-451.30-96 3,500.00 003897 1288 04/28/2009 101-3004-451.30-96 3,500.00 7,000.00 • 7,000.00 82605 1113 ENVIRONMENTAL PRODUCTS & 003805 04/28/2009 405-9001-702.32-15 3,480.00 003805 04/28/2009 405-9001-702.32-15 2,700.00 003898 04/28/2009 405-9001-702.32-15 5,160.00 003898 04/28/2009 405-9001-702.32-15 2,760.00 14,100.00 ■ 14,100.00 82606 119 FEDEX 003812 04/28/2009 101-4002-415.51-31 132.83 132.83 ■ 132.83 82607 31 FIRST CHOICE SERVICES 003842 04/28/2009 101-4002-415.56-27 44.00 003842 04/28/2009 101-4002-415.56-27 331.44 003850 04/28/2009 101-4002-415.56-27 202.88 578.32 578.32 82608 4940 FIRST SCHOOL OF THE DESER 003880 04/28/2009 101-0000-228.30-00 50.00 50.00 x 50.00 82609 4899 FURINO/GREENE CREATIVE IN 003897 04/28/2009 101-1000-321.00-00 23.00 23.00 ■ 23.00 82610 3047 GALLS RETAIL 003906 04/28/2009 101-5056-425.56-31 114.18 114.18 114.18 82611 239 GARZA TURF & POWER EQUIPM 003812 04/28/2009 101-7003-431.56-52 52.09 003812 04/28/2009 101-7003-431.56-52 69.00 003812 04/28/2009 101-7004-431.56-52 30.06 003812 04/28/2009 101-7003-431.56-52 67.00 218.15 * 218.15 82612 368 GEORGE'S GOODYEAR 003841 04/28/2009 501-0000-511.43-40 93.23 93.23 ■ 93.23 82613 4926 GILBERTSON, DIANA 003842 04/28/2009 101-1003-413.33-30 500.00 500.90 ■ 500.00 8261-4 4507 GILMORE-KIPHART, KIRSTEN 003885 04/28/2009 101-3003-451.33-43 84.00 003886 04/28/2009 101-3003-451.33-43 112.00 196.00 * 196.00 82615 4947 GLOBAL LIGHTING & ELECTRI 003909 04/28/2009 101-5000-342.82-00 4.50 003910 04/28/2009 101-5000-322.01-00 18.00 003911 04/28/2009 101-0000-203.06-00 1.00 _ 23.50 ■ 23.50 PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 5 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO -------------------------- NO NAME _---------------------------------------------- NO NO ___________________________________________________________ ACCOUNT (NET OF DISC/RETAIN) TOTAL 82616 4933 HACKER, LORRETTA 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 500.00 82617 3792 HARTZOG & CRABILL, INC. 003832 04/28/2009 101-7005-431.56-02 960.00 960.00 * 960.00 82618 4877 HERMANN & ASSOCIATES 003897 04/28/2009 401-1783-551.32-10 1,795.00 1,795.00 * 1,795.00 82619 454 HIGH TECH IRRIGATION INC 003832 04/28/2009 101-7004-431.56-52 278.35 003832 04/28/2009 101-7004-431.56-52 38.89 003832 04/28/2009 101-7004-431.56-52 11.07 003832 04/28/2009 101-7004-431.56-52 118.22 003832 04/28/2009 101-7004-431.56-52 96.27 003832 04/28/2009 101-7004-431.56-52 34.82 577.62 * 577.62 82620 709 HIGH TECH MAILING SERVICE 003899 04/28/2009 101-1003-413.55-07 3,275.44 3,275.44 * 3,275.44 82621 35 HOARD INC, HUGH 003805 04/28/2009 101-3002-451.43-52 98.50 003805 04/28/2009 101-3002-451.43-52 328.04 003880 04/28/2009 101-3004-451.43-52 673.26 1,099.80 * 11099.80 82622 4347 HOLLYWOOD OUTDOOR MOVIES 003897 04/28/2009 101-3001-451.33-62 1,950.00 1,950.00 * 1,950.00 82623 3427 HSBC BUSINESS SOLUTIONS 003908 04/28/2009 101-5054-421.51-20 43.28 003908 04/28/2009 101-5054-421.51-20 62.76 003908 04/28/2009 101-5054-421.51-20 37.76 003908 04/28/2009 101-5054-421.51-20 26.10 003908 04/28/2009 101-5054-421.51-20 145.62 003908 04/28/2009 101-5054-421.71-01 548.89 864.41 * 864.41 82624 4924 IANNEO, DAN 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 82625 4010 JACOBSEN HARDY GOLF COURS 003899 04/28/2009 401-1773-551.35-07 5,000.00 5,000.00 * 51000.00 82626 3763 JAMES, JENNIFER 003885 04/28/2009 101-3003-451.33-43 199.50 199.50 * 199.50 82627 4475 JOHNSTONE SUPPLY 003880 04/28/2009 101-3004-451.43-01 85.72 85.72 * 85.72 482628 4907 KENWOOD USA CORPORATION 003905 1298 04/28/2009 101-5056-425.43-90 408.79 408.79 * 408.79 J 0 W PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 6 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82629 79 KINER COMMUNICATIONS 003812 04/28/2009 101-1003-413.55-07 18,812.24 003812 04/28/2009 101-1003-413.55-07 1,174.50 003899 04/28/2009 101-1003-413.55-07 51000.00 003899 04/28/2009 101-1003-413.55-07 440.44 003899 04/28/2009 101-1003-413.33-31 330.33 003899 04/28/2009 101-1003-413.55-07 15,000.00 003899 04/28/2009 101-1003-413.55-07 2,140.38 003899 04/28/2009 101-1003-413.55-07 20,000.00 62,897.69 ■ 62,897.89 82630 1762 KOA CORPORATION 003841 04/28/2009 401-1765-551.35-07 6,640.00 6,640.00 ■ 6,640.00 82631 376 KUSTOM SIGNALS INC 003880 04/28/2009 101-5054-421.36-70 878.81 878.81 ■ 878.81 82632 1731 LA QUINTA GOLF HOA 003880 04/28/2009 101-0000-228.30-00 165.00 165.00 ■ 165.00 82633 394 LANDMARK GEO-ENGINEERS & 003812 04/28/2009 401-1779-551.34-04 1,974.00 003812 04/28/2009 401-1754-551.34-04 196.50 2,170.50 ■ 2,170.50 82634 217 LESLIE, JANELLE 003882 04/28/2009 101-3002-451.33-43 16.80 16.80 ■ 16.80 82635 80 LOCK SHOP INC, THE 003832 04/28/2009 101-5054-421.43-62 86.29 003880 04/28/2009 101-3005-451.43-64 5.28 91.48 x 91.48 82636 218 LOS ANGELES TIMES 003805 04/28/2009 101-2001-411.53-04 28.40 28.40 ■ 28.40 82637 4142 MARINA LANDSCAPE, INC. 003842 04/28/2009 401-1755-551.45-01 1,666.00 1,666.00 * 1,666.00 82638 4931 MARTIN, LAWRENCE 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 ■ 500.00 82639 4425 MARTIN, PANDARA 003885 04/28/2009 101-3003-451.33-43 199.50 199.50 * 199.50 82640 4929 MAVERICK, WAYNE 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 82641 221 MC DOWELL AWARDS 003805 04/28/2009 101-3002-451.56-02 283.95 283.95 * 283.95 82642 4950 MCGOWAN, JOSEPH 003912 04/28/2009 101-1000-321.00-00 19.20 _J 19.20 * 19.20 O W N PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 7 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO --------------- NO NAME -------------------------------------------------------------------------------------------------------------------- NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82643 547 NEEDS, WAYNE 003882 04/28/2009 101-3002-451.33-43 160.00 160.00 * 160.00 82644 4948 MINUTEMAN PARKING COMPANY 003912 04/28/2009 101-1000-321.00-00 3.00 3.00 * 3.00 82645 4941 MONTELLANO, BRIANA 003880 04/28/2009 101-0000-228.30-00 500.00 500.00 * 500.00 82646 4923 MORAN, HOWARD 003842 04/28/2009 101-3000-342.10-00 70.00 70.00 * 70.00 82647 2624 MOWERS PLUS INC 003832 04/28/2009 101-7003-431.56-52 97.52 97.52 * 97.52 82648 185 MUNICIPAL MANAGEMENT ASSO 003877 04/28/2009 101-1003-413.53-03 65.00 65.00 * 65.00 82649 250 NAI CONSULTING INC 003816 04/28/2009 401-1743-551.32-10 450.00 003817 04/28/2009 401-1765-551.32-10 51100.00 003818 04/28/2009 401-1762-551.35-07 3,700.00 003819 04/28/2009 401-1777-551.32-10 6,130.00 003820 04/28/2009 401-1779-551.32-10 225.00 003821 04/28/2009 401-1781-551.35-07 125.00 003822 04/28/2009 401-1785-551.35-07 250.00 003823 04/28/2009 401-1771-551.35-07 500.00 003824 04/28/2009 401-1789-551.35-07 1,275.00 003825 04/28/2009 401-1790-551,32-10 675.00 003826 04/28/2009 401-1792-551.32-10 500.00 003827 04/28/2009 401-1794-551.32-10 250.00 003828 04/28/2009 101-7003-431.34-04 1,225.00 003829 04/28/2009 101-7003-431.56-46 2,475.00 003830 04/28/2009 101-7006-431.32-07 1,250.00 003831 04/28/2009 101-7001-431.32-07 21,695.48 45,825.48 * 45,825.48 82650 4693 NATIONAL SIGNAL INC 003812 04/28/2009 101-7005-431.32-20 196.26 196.26 * 196.26 82651 1065 NIETO, RUBEN 003905 04/28/2009 501-0000-511.43-43 689.00 689.00 * 689.00 82652 3568 NIKKO ENTERPRISE, INC. 003897 04/28/2009 101-1000-321.00-00 25.00 25.00 * 25.00 82653 4930 O'DELL, CAROL 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 = 82654 2214 OCB REPROGRAPHICS 003812 04/28/2009 401-1774-551.35-07 36.18 • 003812 04/28/2009 401-1774-551.35-07 15.03 O co W PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 8 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ---------------------------------------------------------------------------•-------------------------------------------------------- NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82654 2214 OCB REPROGRAPHICS 003812 04/28/2009 101-7003-431.56-46 26.78 003812 04/28/2009 101-7003-431.56-46 17.78 003812 04/28/2009 101-7003-431.56-46 14.87 003812 04/28/2009 101-7003-431.56-46 10.78 003812 04/28/2009 101-7003-431.56-46 14.71 003877 04/28/2009 401-1774-551.35-07 31.55 167.68 ■ 167.68 82655 41 OFFICE DEPOT 003803 04/28/2009 101-4001-415.56-01 140.60 003804 04/28/2009 101-4001-415.56-01 140.60- 003805 04/28/2009 101-2001-411.56-01 29.94 003811 04/28/2009 101-5054-421.56-02 60.40 003811 04/28/2009 502-0000-512.56-22 79.37 003812 04/28/2009 101-1004-413.56-01 52.85 003877 04/28/2009 101-1004-413.56-01 34.73 257.29 257.29 82656 130 ON-TRAC 003908 04/28/2009 101-4002-415.51-31 15.08 15.08 15.08 82657 4244 PAINTED COVE HOA 003880 04/28/2009 101-0000-228.30-00 100.00 100.00 ■ 100.00 82658 4927 PIPER, MICHAEL 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 ■ 500.00 82659 839 POWER PLUS 003897 04/28/2009 101-5008-419.43-25 452.47 003897 04/28/2009 101-5055-422.43-61 309.08 003897 04/28/2009 101-5055-422.43-61 365.78 1,127.33 * 1,127.33 82660 2767 POWERPLAN 003841 04/28/2009 501-0000-511.43-40 202.37 202.37 * 202.37 82661 802 POWERS AWARDS INC 003905 04/28/2009 101-5056-425.56-31 123.97 123.97 * 123.97 82662 3824 PRECISION GARAGE DOORS & 003900 1258 04/28/2009 101-5055-422.43-61 5,270.00 5,270.00 * 5,270.00 82663 43 PRINTING PLACE, THE 003900 04/28/2009 101-5004-424.53-01 714.49 714.49 * 714.49 82664 1562 PRISTINE POOLS SERVICE & 003832 04/28/2009 101-7004-431.34-04 214.00 003832 04/28/2009 101-7004-431.34-04 214.00 003838 04/28/2009 101-7004-431.34-04 107.00 = 003839 04/28/2009 101-7004-431.34-04 107.00 003840 04/28/2009 101-7004-431.32-07 214.00 J 003880 04/28/2009 101-3001-451.33-13 325.00 1,181.00 * 11181.00 O W PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 9 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82665 325 PSOMAS INC 003815 04/28/2009 101-7001-431.32-07 4,460.00 003833 04/28/2009 101-7001-431.32-07 945.00 5,405.00 ■ 5,405.00 82666 1938 PYLE, ROBERT NOBLE 003882 04/28/2009 101-3002-451.33-43 338.10 338.10 * 338.10 82667 4891 PYRAMID ADVISORS 003812 04/28/2009 101-0000-228.10-00 4,720.00 4,720.00 x 4,720.00 82668 3768 RADAR SHOP INC, THE 003832 04/28/2009 501-0000-511.43-50 240.63 240.63 ■ 240.63 82669 327 RBF CONSULTING INC 003899 04/28/2009 401-1774-551.35-07 2,020.37 003899 04/28/2009 401-1775-551.35-07 1,878.00 3,898.37 ■ 3,898.37 82670 4293 REPUBLIC INTELLIGENT TRAM 003832 04/28/2009 101-7005-431,32-20 677.63 _ 677.63 ■ 677.63 82671 4594 RICHARDS, FRANCES 003882 04/28/2009 101-3002-451.33-43 28.00 28.00 * 28.00 82672 4942 RIVAS, MONICA 003880 04/28/2009 101-0000-228.30-00 50.00 50.00 * 50.00 82673 879 RIVERSIDE COMMUNITY HEALT 003880 04/28/2009 101-3001-451.33-39 672.00 672.00 ■ 672.00 82674 4086 RIVERSIDE COUNTY INFORMAT 003832 04/28/2009 101-5054-421.43-62 212.69 212.69 * 212.69 82675 4583 RIVERSIDE COUNTY SHERIFF 003832 04/28/2009 101-5054-421.36-01 140,288.00 003880 04/28/2009 101-5054-421.36-40 141,499.19 003880 04/28/2009 101-5054-421.36-28 1,208.79 282,995.98 * 282,995.98 82676 44 ROSENOW SPEVACEK GROUP IN 003870 04/28/2009 405-9001-702.32-07 2,885.00 003871 04/28/2009 245-9001-703.32-07 6,838.32 003872 04/28/2009 406-9002-702.32-07 11,650.63 003873 04/28/2009 246-9002-703.32-07 19,896.43 003874 04/28/2009 401-1737-551.32-10 8,160,57 003875 04/28/2009 401-1759-551.45-10 6,220.00 003876 04/28/2009 101-0000-228.10-00 700.00 56,350.95 56,350.95 82677 2039 SAM'S FENCE COMPANY 003908 04/28/2009 101-5008-419.43-88 102.77 102.77 ■ 102.77 82678 4922 SHEK DESIGNS 003842 04/28/2009 101-1000-321.00-00 31.40 O w CJ7 PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 10 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82678 4922 SHEK DESIGNS 31.40 * 31.40 82679 1965 SIGN A RAMA 003897 04/28/2009 101-3001-451.33-04 701.80 701.80 * 701.80 82680 463 SMITH PIPE & SUPPLY CO 003832 04/28/2009 101-7004-431.56-52 260.35 003832 04/28/2009 101-7004-431.56-52 19.38 003832 04/28/2009 101-7004-431.56-52 169.14 448.87 * 448.87 82681 4935 SOTO, JOSE 003842 04/28/2009 601-0000-451.43-60 11500.00 1,500.00 * 11500.00 82682 749 SOUTHWEST NETWORKS INC 003805 04/28/2009 101-7002-431.32-45 332.50 003842 04/28/2009 101-7002-431.32-45 878.75 1,211.25 * 1,211.25 826B3 4791 SOUZA, DEBRA 003882 04/28/2009 101-3002-451.33-43 102.90 102.90 * 102.90 82684 48 STAPLES BUSINESS ADVANTAG 003802 04/28/2009 101-7002-431.56-02 103.61 003810 04/28/2009 101-5054-421.56-02 23.39 003810 04/28/2009 101-5054-421.56-02 379.52 003810 04/28/2009 101-5054-421.56-02 256.10 003811 04/28/2009 101-1001-411.56-01 34.17- 003836 04/28/2009 101-4001-415.56-01 82.91 003837 04/28/2009 101-4001-415.56-01 21.59 003877 04/28/2009 101-6001-463.56-01 18.03 003880 04/28/2009 101-5054-421.56-02 131.44- 003890 04/28/2009 101-5004-424.56-28 54.08 003891 04/28/2009 101-5001-424.56-01 189.52 003892 04/28/2009 101-4002-415.56-30 46.96 003893 04/28/2009 101-5001-424.56-01 96.74 1,106.84 * 1,106.84 82685 4667 SULLIVAN, CHARLES L 003882 04/28/2009 101-3002-451.33-43 196.00 196.00 * 196.00 82686 4810 SUREFIRE, LLC 003832 1290 04/28/2009 101-5054-421.71-01 258.03 003832 1290 04/28/2009 101-5054-421.71-01 15.72 273.75 * 273.75 82687 3495 TESSCO INCORPORATED 003907 04/28/2009 101-5056-425.43-90 142.77 142.77 * 142.77 82688 423 THOMPSON, LORNA 003882 04/28/2009 101-3002-451.33-43 14.00 14.00 * 14.00 = 82689 4925 THOMS, DAVID 003842 04/28/2009 101-1003-413.33-30 500.00 500.00 * 500.00 O W QD PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 11 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82690 4892 THYSSENKRUPP ELEVATOR CDR 003882 04/28/2009 101-3006-451.43-01 512.50 512.50 ■ 512.50 82691 57 TOPS'N BARRICADES INC 003812 04/28/2009 101-7003-431.56-46 44.80 003812 04/28/2009 101-7003-431.44-01 535.00 003812 04/28/2009 101-7003-431.56-43 282.75 003832 04/28/2009 101-7003-431.56-43 880.13 003832 04/28/2009 101-7003-431.56-46 36.76 003832 04/28/2009 101-7003-431.56-43 1,761.75 003832 04/28/2009 101-7003-431.56-46 3.81 3,545.00 ■ 31545.00 82692 58 TRAFFEX ENGINEERS INC 003842 04/28/2009 101-7005-431.32-07 7,536.50 7,536.50 ■ 7,536.50 82693 59 TRI STATE LAND SURVEYORS 003842 04/28/2009 401-1754-551.34-04 1,980.00 1,980.00 ■ 1,980.00 82694 60 TRULY NOLEN INC 003805 04/28/2009 101-3005-451.43-64 42.00 003894 04/28/2009 101-3004-451.42-20 80.00 003895 04/28/2009 101-5055-422.42-20 16.00 005896 04/28/2009 101-5055-422.42-20 69.00 003897 04/28/2009 101-5055-422.42-20 16.00 003897 04/28/2009 101-5055-422.42-20 16.00 003897 04/28/2009 101-5055-422.42-20 59.00 003897 04/28/2009 101-5008-419.42-20 27.00 325.00 ■ 325.00 82695 4903 TURBOSCAPE INC 003805 1287 04/28/2009 503-0000-513.71-06 10,220.00 10,220.00 r 10,220.00 82696 62 UNDERGROUND SERVICE ALERT 003814 04/28/2009 101-7002-431.32-07 82.50 82.50 * 82.50 82697 3959 VALLEY CRIME STOPPERS 003832 04/28/2009 101-5054-421.36-40 2,000.00 2,000.00 * 2,000.00 82698 2431 VINTAGE ASSOCIATES 003812 04/28/2009 101-3005-451.43-70 800.00 003880 04/28/2009 101-3005-451.43-70 650.00 1,450.00 1,450.00 82699 3169 VISION INTERNET PROVIDERS 003877 04/28/2009 502-0000-512.33-52 17.85 17.85 ■ 17.85 82700 70 WAL MART COMMUNITY 003908 04/28/2009 101-3003-451.51-33 266.73 003908 04/28/2009 101-5054-421.56-02 401.61 003908 04/28/2009 101-2001-411.56-02 59.70 728.04 ■ 728.04 82701 256 WARD, LARRY W - ASSESSOR 003901 04/28/2009 101-5002-424.53-01 19.50 C:) GJ J PREPARED04/28/2009, 9:47:46 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 12 PROGRAM: GM346L ACCOUNTING PERIOD 2009/10 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 77 BANK 00 WELLS FARGO BANK ' ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 82701 256 WARD, LARRY W - ASSESSOR 003902 04/28/2009 101-6002-463.53-01 19.50 39.00 r 39.00 $2702 2269 WHEELER'S 003877 04/28/2009 101-1002-413.31-01 51000.00 5,000.00 ■ 5,000.00 82703 3234 WILLDAN 003841 04/28/2009 101-7005-431.32-07 14,400.00 14,400.00 * 14,400.00 82704 4401 WILLDAN FINANCIAL SERVICE 003812 04/28/2009 101-7004-431.31-13 4,066.09 003843 04/28/2009 302-9002-701.31-13 100.00 003844 04/28/2009 301-9001-701.31-13 100.00 003845 04/28/2009 310-9501-411.31-13 100.00 003846 04/28/2009 301-9001-701.31-13 100.00 003847 04/28/2009 301-9001-701.31-13 100.00 003848 04/28/2009 301-9001-701.31-13 100.00 003849 04/28/2009 310-9501-411.31-13 100.00 4,766.09 x 4,766.09 82705 3350 WIMMER, ED 005812 04/28/2009 101-7002-431.51-01 21.00 21.00 ■ 21.00 82706 201 YOUNG ENGINEERING SVC 003908 04/28/2009 101-5002-424.33-28 3,535.00 3,535.00 ■ 31535.00 82707 4949 ZENON, MONTIEL 003912 04/28/2009 101-1000-321.00-00 36.00 36.00 * 36.00 82708 4920 ZIMMERMAN, MARLENE 003842 04/28/2009 101-3000-342.70-00 58.00 58.00 * 58.00 HANK/CHECK TOTAL 694,388.29 694,388.29 ALL HANKS/CHECKS TOTAL 694,588.29 694,388.29 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000002 00 ACE HARDWARE VARIOUS 003812 00 04/28/2009 101-7003-431.56-52 MATERIAL SUPPLIES 454.19 VENDOR TOTAL * 454.19 0003727 00 ADAMSON POLICE PRODUCTS 98454 003832 00 04/28/2009 218-0000-421.56-02 TDU PANTS-WILLIAMS 68.75 VENDOR TOTAL x 68.75 0002688 00 ADVANTAGE FITNESS PRODUCTS SI-104355 003897 00 04/28/2009 101-3003-451.56-02 WIPES -FITNESS CTR 281.74 VENDOR TOTAL x 281.74 0003578 00 AIR 8 HOSE SOURCE, INC. 03-6602 003832 00 04/28/2009 101-7004-431.56-52 IRRIGATION 128.63 03-6538 003841 00 04/28/2009 501-0000-511.43-46 SWEEPER #41 144.69 03-6560 003841 00 04/28/2009 501-0000-511.43-40 TRUCK #34 95.70 VENDOR TOTAL ■ 369.02 0003787 00 ALTEVERS ASSOCIATES ARCHITECTURE 8 6302 003900 00 04/28/2009 401-1774-551.35-07 SRR CLBHOUSE DESIGN 455.83 VENDOR TOTAL * 455.83 0004514 00 ALVAREZ, MARIA PILAR VARIOUS 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 33.60 VENDOR TOTAL ■ 33.60 0000296 00 AMERICAN FORENSIC NURSES INC 56654 003880 00 04/28/2009 101-5054-421.36-31 BLOOD ALCOHOL 306.50 VENDOR TOTAL * 306.50 0000297 00 AMERICAN PUBLIC WORKS ASSOC 701402 003835 00 04/28/2009 101-7001-431.53-04 MANUAL 28.00 VENDOR TOTAL ■ 28.00 0003774 00 AMERICAN RED CROSS 037183 003907 00 04/28/2009 101-5056-425.51-01 CPR CARDS-CERT CLASS 184.00 VENDOR TOTAL ■ 184.00 0001890 00 AMERICAN ROTARY BROOM CO INC 258853 003812 00 04/28/2009 501-0000-511.43-46 SWEEPER BROOMS 1,117.93 VENDOR TOTAL * 1,117.93 0000016 00 AMERIPRIDE UNIFORM SERVICES L262036-0309 003880 00 04/28/2009 101-3002-451.42-15 JANITORIAL 133.50 L274370-0309 003880 00 04/28/2009 101-3002-451.42-15 JANITORIAL 133.50 VENDOR TOTAL r 267.00 0004951 00 ARIDA, NEAL 320704-4 003912 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT 63.00 s VENDOR TOTAL * 63.00 -Q04613 00 ASH CITY USA, INC. O C.J (0 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004613 00 ASH CITY USA, INC. 042309 003898 00 04/28/2009 101-1004-413.53-05 SHIRTS-CUST SVC 35.92 0000018 00 BANG INC, DAVE 29864 003882 00 04/28/2009 0003726 00 BANK OF NEW YORK MELLON 1403454 003842 00 04/28/2009 0004312 00 BARAJAS, CHRISTINA APR'09 003880 00 04/28/2009 0004937 00 BASTO, CHELLY 37125 003877 00 04/28/2009 VENDOR TOTAL * 503-0000-513.71-01 SHADE COVERS VENDOR TOTAL * 101-4001-415.31-13 ADMIN FEES QE3/31/09 VENDOR TOTAL x 218-0000-421.30-15 JANITORIAL VENDOR TOTAL * 101-0000-228.30-00 REFUND VENDOR TOTAL ■ 0004934 00 BERKSON, GARY REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT VENDOR TOTAL * 0004921 00 BLISS DENTISTRY BL#104351 003842 00 04/28/2009 101-1000-321.00-00 REFUND 0004855 00 2033 0003274 00 310119-4/A/B 0000137 00 041609 0004928 00 REBATE 0003378 00 1033764 j0000019 00 '87785 O A 01 VENDOR TOTAL BMW OF NORTH COUNTY 003832 1291 00 04/28/2009 501-0000-511.71-03 '09 BMW R1200 MTRCYCLE VENDOR TOTAL ■ BODDEN, RENATE 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL ■ BOYS 8 GIRLS CLUB OF COACHELLA VLLY 003841 00 04/28/2009 101-3001-451.33-10 CONT SVC AGREEMENT VENDOR TOTAL x BRADBERRY, NANCY 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT VENDOR TOTAL * BUREAU VERITAS NORTH AMERICA, INC. 003841 00 04/28/2009 101-7002-431.33-34 STAFF AUG 1/12-2/13 VENDOR TOTAL * CADET UNIFORM SERVICE 003806 00 04/28/2009 101-7003-431.44-07 UNIFORM RENTAL 35.92 2,444.70 2,444.70 2,627.79 2,627.79 232.00 232.00 50.00 50.00 500.00 500.00 54.00 54.00 24,087.52 24,087.52 52.50 52.50 10,000.00 10,000.00 500.00 500.00 2,250.00 2,250.00 100.00 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL�LIST PAGE 3 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000019 00 CADET UNIFORM SERVICE 86459 003808 00 04/28/2009 101-7003-431.44-07 UNIFORM RENTAL 90.00 87785 003807 00 04/28/2009 101-7004-431.44-07 UNIFORM RENTAL 9.83 86459 003809 00 04/28/2009 101-7004-431.44-07 UNIFORM RENTAL 22.59 VENDOR TOTAL ■ 222.42 0004675 00 CALPORTLAND 90704939 003832 00 04/28/2009 101-7003-431,56-52 CONCRETE MATERIAL 522.73 VENDOR TOTAL ■ 522.73 0004952 00 CAMPBELL, ANDRE 320403-3 003912 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT 168.00 VENDOR TOTAL * 168.00 0000593 00 CAPITAL REALTY ANALYSTS 09-2729 003899 00 04/28/2009 246-9002-703.51-49 LOW INC HSING PA2 2,500.00 VENDOR TOTAL ■ 2,500.00 0004650 00 CARSONITE COMPOSITES 5131225 003899 00 04/28/2009 101-1004-413.33-24 TRAIL MARKERS 524.28 VENDOR TOTAL ■ 524.28 0000947 00 CASSEL, LLORA 340802-4 003886 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT 56.00 VENDOR TOTAL ■ 56.00 0000022 00 COW GOVERNMENT INC NSH7686 003805 00 04/28/2009 502-0000-512.56-25 DEFRAG SOFTWARE 189.00 NVD4037 003900 00 04/28/2009 502-0000-512.56-25 DEFRAG SOFTWARE 2,613.97 VENDOR TOTAL a 2,802.97 0004115 00 CHECKMATE TELEPHONE EXCHANGE 090402232101 003903 00 04/28/2009 101-5006-426.51-07 ANIML CNTRL-ANSWERING SVC 119.70 VENDOR TOTAL ■ 119.70 0004938 00 CHERLAND, ROD 37128 003877 00 04/28/2009 101-0000-228.30-00 REFUND 100.00 VENDOR TOTAL * 100.00 0000355 00 CLEAN STREET 56634 003841 00 04/28/2009 101-7003-431.44-10 STREET SWEEPING 10,080.40 VENDOR TOTAL ■ 10,080.40 0004932 00 CODON, GARY REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT 500.00 VENDOR TOTAL * 500.00 0000206 00 COMPUTER U VARIOUS 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 273.00 j VENDOR TOTAL * 273.00 0004936 00 CRISPO, DR & MRS GEORGE F O PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA _ ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004936 00 CRISPO, DR & MRS GEORGE F AL#14383 003842 00 04/28/2009 101-5000-322.20-00 REFUND 4.00 0002354 00 D/A PACIFIC INC 42009031 003897 00 04/28/2009 42009024 003907 00 04/28/2009 0004939 37146 37146 0003033 26928 0004208 744 747 0000112 732874 0000072 AR66256 00 DANGLEIS, JOHN 003878 00 04/28/2009 003879 00 04/28/2009 00 00 00 00 0000026 00 51644080.002 51645991.001 51645756.001 51645759.001 0004602 00 7 0003052 00 321310-4 0000389 VARIOUS 00 VENDOR TOTAL * 101-5008-419.43-88 R&M-CAMERAS@YARD 101-5056-425.56-31 VIDEO CARD VENDOR TOTAL * 101-0000-228.30-00 REFUND 101-3000-342.60-00 REFUND VENDOR TOTAL DATA TICKET, INC. 003904 00 04/28/2009 101-5004-424.31-19 CODE ADMIN CITATION-SVC VENDOR TOTAL * DDL TRAFFIC INC. 003832 00 04/28/2009 101-7005-431.32-20 TRFF TECH TRNING 003832 00 04/28/2009 101-7005-431.32-20 OPTICOM DETECTOR VENDOR TOTAL * DEPARTMENT OF JUSTICE 003832 00 04/28/2009 101-5054-421.36-31 BLOOD ALCOHOL VENDOR TOTAL * DESERT BUSINESS MACHINES 003850 00 04/28/2009 101-4002-415.43-22 R&M AGMTS-TYPWRTRS VENDOR TOTAL * DESERT ELECTRIC SUPPLY 003832 00 04/28/2009 101-7004-431.56-52 ELECTRIC MATERIAL 003832 00 04/28/2009 101-7004-431.56-52 ELECTRIC MATERIAL 003832 00 04/28/2009 101-7004-431.56-52 ELECTRIC MATERIAL 003832 00 04/28/2009 101-7004-431.56-52 ELECTRIC MATERIAL VENDOR TOTAL * DOMINY & ASSOCIATES ARCHITECTS 003812 00 04/28/2009 401-1791-551.35-07 FIRE ST#32/DESIGN VENDOR TOTAL * DUCHENE, GERALD 003886 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL * DUNHAM, KATHY 003882 00 04/28/2009 101-3002-451,33-43 INSTRUCTOR PYMT VENDOR TOTAL * 0004769 00 ECONOMY TREE & CRANE, INC. O A N 4.00 60.00 538.31 598.31 50.00 50.00 100.00 3,026.75 5,026.75 700.00 700.38 1,400.38 210.00 210.00 183.05 183.05 88.62 1,880.34 1,396.15 769.35 4,134.46 27,694.78 27,694.78 245.00 245.00 190.40 190.40 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004769 00 ECONOMY TREE & CRANE, INC. 041709 003850 1288 00 04/28/2009 101-3004-451.30-96 LIBRARY TREE REPLACEMENT 3,500.00 042209 003897 1288 00 04/28/2009 101-3004-451.30-96 LIBRARY TREE RPLCMT 3,500.00 0001113 00 ENVIRONMENTAL PRODUCTS & 09-40017 003805 00 04/28/2009 09-40016 003805 00 04/28/2009 09-40062 003898 00 04/28/2009 09-40061 003898 00 04/28/2009 0000119 00 FEDEX 9-154-50976 003812 00 04/28/2009 0000031 00 FIRST CHOICE SERVICES 444317 003842 00 04/28/2009 440837 003842 00 04/28/2009 444318 003850 00 04/28/2009 VENDOR TOTAL 405-9001-702.32-15 SRR PMIO SVC 405-9001-702.32-15 SRR PM10 SVC 405-9001-702.32-15 SRR PM10 SVC 405-9001-702.32-15 SRR PM10 SVC VENDOR TOTAL * 101-4002-415.51-31 OVERNIGHT MAIL VENDOR TOTAL ■ 101-4002-415.56-27 COFFEE SUPPLIES 101-4002-415.56-27 COFFEE SUPPLIES 101-4002-415.56-27 COFFEE SUPPLIES VENDOR TOTAL * 0004940 00 FIRST SCHOOL OF THE DESERT 37126 003880 00 04/28/2009 101-0000-228.30-00 REFUND VENDOR TOTAL * 0004899 00 FURINO/GREENE CREATIVE INC BL#14568 003897 00 04/28/2009 101-1000-321.00-00 REFUND VENDOR TOTAL * 0003047 00 GALLS RETAIL 31613 003906 00 04/28/2009 101-5056-425.56-31 RESCUE ROPE VENDOR TOTAL ■ 0000239 00 GARZA TURF & POWER EQUIPMENT 12447 003812 00 04/28/2009 101-7003-431.56-52 CHAIN SAW CHAINS 44986 003812 00 04/28/2009 101-7003-451.56-52 CHAIN SAW REPAIRS 44867 003812 00 04/28/2009 101-7003-431.56-52 MOTOR REPAIR 12358 003812 00 04/28/2009 101-7004-431.56-52 MATERIALS VENDOR TOTAL * 0000368 00 GEORGE'S GOODYEAR 062033 003841 00 04/28/2009 501-0000-511.43-40 TIRE REPAIR VENDOR TOTAL * 0004926 00 GILBERTSON, DIANA REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT ' VENDOR TOTAL ■ OD04507 00 GILMORE-KIPHART, KIRSTEN O A W 7,000.00 3,480.00 2,700.00 51160.00 2,760.00 14,100.00 132.83 132.83 44.00 331.44 202.88 578.32 50.00 50.00 23.00 23.00 114.18 114.18 52.09 69.00 67.00 30.06 218.15 93.23 93.23 500.00 500.00 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEO# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004507 00 GILMORE-KIPHART, KIRSTEN 320807-4 003885 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT 84.00 320810-4 003886 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT 112.00 0004947 00 GLOBAL LIGHTING & ELECTRIC PEMIT#9-275 003911 00 04/28/2009 101-0000-203.06-00 REFUND PEMIT#9-275 003909 00 04/28/2009 101-5000-342.82-00 REFUND PEMIT#9-275 003910 00 04/28/2009 101-5000-322.01-00 REFUND 0004933 00 HACKER, LORRETTA REBATE 003842 00 04/28/2009 0003792 00 HARTZOG & CRABILL, INC. 09-023 003832 00 04/28/2009 0004877 00 HERMANN & ASSOCIATES 9041902 003897 00 04/28/2009 0000454 00 HIGH TECH IRRIGATION INC 112687 003832 00 04/28/2009 112929 003832 00 04/28/2009 111985 003832 00 04/28/2009 111695 003832 00 04/28/2009 111931 003832 00 04/28/2009 111932 003832 00 04/28/2009 0000709 00 HIGH TECH MAILING SERVICES 18515 003899 00 04/28/2009 0000035 00 HOARD INC, HUGH 55189 003805 00 04/28/2009 54840 003805 00 04/28/2009 54843 003880 00 04/28/2009 0004347 00 HOLLYWOOD OUTDOOR MOVIES 104 003897 00 04/28/2009 0003427 00 HSBC BUSINESS SOLUTIONS 045947 003908 00 04/28/2009 Q'41155 003908 00 04/28/2009 8`6}181 003908 00 04/28/2009 r' 9 VENDOR TOTAL ■ VENDOR TOTAL ■ 101-1003-413.33-30 LNDSCP WATER MGMT VENDOR TOTAL x 101-7005-431.56-02 ARIES GRAPHICS VENDOR TOTAL * 401-1783-551.32-10 DOG PK DESIGN VENDOR TOTAL � 101-7004-431.56-52 IRRIG MATERIALS 101-7004-431.56-52 IRRIG MATERIALS 101-7004-431.56-52 IRRIG MATERIALS 101-7004-431.56-52 IRRIG MATERIALS 101-7004-431.56-52 IRRIG MATERIALS 101-7004-431.56-52 IRRIG MATERIALS VENDOR TOTAL * 101-1003-413.55-07 POSTAGE SPRG'09 NL VENDOR TOTAL r 101-3002-451.43-52 HVAC MAINT&SVC 101-3002-451.43-52 HVAC MAINT&SVC 101-3004-451.43-52 A/C MAINT CHECK VENDOR TOTAL ■ 101-3001-451.33-62 MOVIE AIRSCREEN VENDOR TOTAL * 101-5054-421.51-20 REFRESHMENTS 101-5054-421.51-20 REFRESHMENTS 101-5054-421.51-20 REFRESHMENTS 196.00 1.00 4.50 18.00 23.50 500.00 500.00 960.00 960.00 1,795.00 1,795.00 278.35 38.89 11.07 118.22 96.27 34.82 577.62 3,275.44 3,275.44 98.50 328.04 673.26 11099.80 11950.00 1,950.00 43.28 62.76 37.76 PREPARED 04/28/2009, 9:15:55 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0003427 00 HSBC BUSINESS SOLUTIONS 058189 003908 00 04/28/2009 101-5054-421.51-20 REFRESHMENTS 26.10 064519 003908 00 04/28/2009 101-5054-421.51-20 REFRESHMENTS 145.62 043518674 003908 00 04/28/2009 101-5054-421.71-01 CAMERA SYSTEM 548.89 0004924 00 IANNEO, DAN REBATE 003842 00 04/28/2009 0004010 00 JACOBSEN HARDY GOLF COURSE 3 003899 00 04/28/2009 0003763 00 JAMES, JENNIFER 320710-4 003885 00 04/28/2009 0004475 00 JOHNSTONE SUPPLY 238224 003880 00 04/28/2009 0004907 00 KENWOOD USA CORPORATION L1-166240 003905 1298 00 04/28/2009 0000079 00 KINER COMMUNICATIONS 33050 003812 00 04/28/2009 33052 003812 00 04/28/2009 33135 003899 00 04/28/2009 33129 003899 00 04/28/2009 33128 003899 00 04/28/2009 33100 003899 00 04/28/2009 33090 003899 00 04/28/2009 33050 003899 00 04/28/2009 0001762 00 KOA CORPORATION JA6828XXIS 003841 00 04/28/2009 0000376 00 KUSTOM SIGNALS INC APR'09 003880 00 04/28/2009 0001731 00 LA QUINTA GOLF HOA 37131 003880 00 04/28/2009 VENDOR TOTAL * 101-1003-413.33-30 LNDSCP WATER MGMT VENDOR TOTAL * 401-1773-551.35-07 SRR PRCT GRN DESIGN VENDOR TOTAL ■ 101-3003-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL ■ 101-3004-451.43-01 EXHAUST FAN REPAIR VENDOR TOTAL ■ 101-5056-425.43-90 VHF MOBILE RADIO VENDOR TOTAL x 101-1003-413.55-07 SPRING'O9 AD CAMPAIGN 101-1003-413.55-07 COOP COORD W/HOTELS 101-1003-413.55-07 MAY'O9 RETAINER 101-1003-413.55-07 09-10 ED PLAN -DESIGN 101-1003-413.33-31 LQ SUN GRN WKSHOP 101-1003-413.55-07 VILLAGE COOP SPRG'09 101-1003-413.55-07 TOURISM WEBSITE 101-1003-413.55-07 MEDIA PLCMT SPRG'O9 VENDOR TOTAL e 401-1765-551.35-07 CONT SVC/DESIGN VENDOR TOTAL ■ 101-5054-421.36-70 PROLASER III PL15O88 VENDOR TOTAL ■ 101-0000-228.30-00 REFUND 0000394 00 LANDMARK GEO-ENGINEERS & GEOLOGISTS CD A CA VENDOR TOTAL ■ 864.41 500.00 500.00 51000.00 51000.00 199.50 199.50 85.72 85.72 408.79 408.79 18,812.24 1,174.50 51000.00 440.44 330.33 15,000.00 2,140.38 20,000.00 62,897.89 6,640.00 6,640.00 878.81 878.81 165.00 165.00 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEO# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000394 00 LANDMARK GEO-ENGINEERS & GEOLOGISTS LP0309-37 003812 00 04/28/2009 401-1754-551.34-04 CONT SVC TESTING2005-02 196.50 LP0309-39 003812 00 04/28/2009 401-1779-551.34-04 CONT SVC TESTING2007-06 1,974.00 VENDOR TOTAL * 2,170.50 0000217 00 LESLIE, JANELLE 310125-B4/C2 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 16.80 VENDOR TOTAL * 16.80 0000080 00 LOCK SHOP INC, THE - 633956 003880 00 04/28/2009 101-3005-451.43-64 KEY COPIES 5.28 633093 003832 00 04/28/2009 101-5054-421.43-62 COMM'D CTR 86.20 VENDOR TOTAL * 91.48 0000218 00 LOS ANGELES TIMES 5921809017 003805 00 04/28/2009 101-2001-411.53-04 SUBSCRIPTION 28.40 VENDOR TOTAL * 28.40 0004142 00 MARINA LANDSCAPE, INC. 0754-14 003842 00 04/28/2009 401-1755-551.45-01 MAR'09 MAINT 2005-03 1,666.00 VENDOR TOTAL * 1,666.00 0004931 00 MARTIN, LAWRENCE - REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT 500.00 VENDOR TOTAL * 500.00 0004425 00 MARTIN, PANDARA 320710-4 003885 00 04/28/2009 101-3003-451.33-43 INSTRUCTOR PYMT 199.50 VENDOR TOTAL * 199.50 0004929 00 MAVERICK, WAYNE REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT 500.00 VENDOR TOTAL * 500.00 0000221 00 MC DOWELL AWARDS 2008-3173 003805 00 04/28/2009 101-3002-451.56-02 AWARDS 283.95 VENDOR TOTAL * 283.95 0004950 00 MCGOWAN, JOSEPH BL#0101135 003912 00 04/28/2009 101-1000-321.00-00 REFUND 19.20 VENDOR TOTAL * 19.20 0000547 00 NEEDS, WAYNE 510113-D1/2/3/4003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 160.00 VENDOR TOTAL * 160.00 0004948 00 MINUTEMAN PARKING COMPANY BL#0003141 003912 00 04/28/2009 101-1000-321.00-00 REFUND 3.00 VENDOR TOTAL * 3.00 -0004941 00 MONTELLANO, BRIANA PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 9 PROGRAM: GM539L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004941 00 MONTELLANO, BRIANA 37127 003880 00 04/28/2009 101-0000-228.30-00 REFUND 500.00 VENDOR TOTAL ■ 500.00 0004923 00 MORAN, HOWARD 37021 003842 00 04/28/2009 101-3000-342.10-00 REFUND 70.00 VENDOR TOTAL * 70.00 0002624 00 MOWERS PLUS INC 28039 003832 00 04/28/2009 101-7003-431.56-52 CHAIN SAW CHAINS 97.52 VENDOR TOTAL ■ 97.52 0000185 00 MUNICIPAL MANAGEMENT ASSOC OF 042109 003877 00 04/28/2009 101-1003-413.53-03 MEMBERSHIP DUES 65.00 VENDOR TOTAL * 65.00 0000250 00 NAI CONSULTING INC #8 2008-14 003831 00 04/28/2009 101-7001-431.32-07 MAR-09 2007-08 CONT SVC 21,695.48 #8 2008-14 003828 00 04/28/2009 101-7003-431.34-04 MAR-09 2007-08 CONT SVC 1,225.00 #8 2008-14 003829 00 04/28/2009 101-7003-431.56-46 MAR'09 2007-08 CONT SVC 2,475.00 #8 2008-14 003830 00 04/28/2009 101-7006-431.32-07 MAR'09 2007-08 CONT SVC 1,250.00 #8 2008-14 003816 00 04/28/2009 401-1743-551.32-10 MAR'09 2007-08 CONT SVC 450.00 #8 2008-14 003818 00 04/28/2009 401-1762-551.35-07 MAR'09 2007-08 CONT SVC 3,700.00 #8 2008-14 003817 00 04/28/2009 401-1765-551.32-10 MAR'09 2007-08 CONT SVC 5,100.00 #8 2008-14 003823 00 04/28/2009 401-1771-551.35-07 MAR'09 2007-08 CONT SVC 500.00 #8 2008-14 003819 00 04/28/2009 401-1777-551.32-10 MAR'09 2007-08 CONT SVC 6,130.00 #8 2008-14 003820 00 04/28/2009 401-1779-551.32-10 MAR'09 2007-08 CONT SVC 225.00 #8 2008-14 903821 00 04/28/2009 401-1781-551.35-07 MAR'09 2007-08 CONT SVC 125.00 #8 2008-14 003822 00 04/28/2009 401-1785-551.35-07 MAR'09 2007-08 CONT SVC 250.00 #8 2008-14 003824 00 04/28/2009 401-1789-551.35-07 MAR'09 2007-08 CONT SVC 1,275.00 #8 2008-14 003825 00 04/28/2009 401-1790-551.32-10 MAR-09 2007-08 CONT SVC 675.00 #8 2008-14 003826 00 04/28/2009 401-1792-551.32-10 MAR'09 2007-08 CONT SVC 500.00 #8 2008-14 003827 00 04/28/2009 401-1794-551.32-10 MAR'09 2007-08 CONT SVC 250.00 VENDOR TOTAL ■ 45,825.48 0004693 00 NATIONAL SIGNAL INC 0007377-IN 003812 00 04/28/2009 101-7005-431.32-20 SIGN PANEL HWY111/LQ DR 196.26 VENDOR TOTAL x 196.26 0001065 00 NIETO, RUBEN 007 003905 00 04/28/2009 501-0000-511.43-43 CAR WASH 689.00 VENDOR TOTAL * 689.00 0003568 00 NIKKO ENTERPRISE, INC. BL#11421 003897 00 04/28/2009 101-1000-321.00-00 REFUND 25.00 VENDOR TOTAL ■ 25.00 .a OB4930 00 O'DELL, CAROL REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT 500.00 VENDOR TOTAL ■ 500.00 0002214 00 OCB REPROGRAPHICS O ti PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME - EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002214 00 OCB REPROGRAPHICS 5591884 003812 00 04/28/2009 5594792 003812 00 04/28/2009 5594757 003812 00 04/28/2009 5594559 003812 00 04/28/2009 5594799 003812 00 04/28/2009 5599882 003812 00 04/28/2009 5599824 003812 00 04/28/2009 5603287 003877 00 04/28/2009 0000041 00 OFFICE DEPOT 468937223-001 003812 00 04/28/2009 470510704-001 003877 00 04/28/2009 469576636-001 003805 00 04/28/2009 469319771-001 003803 00 04/28/2009 469462814-001 003804 00 04/28/2009 469409509-001 003811 00 04/28/2009 469695142-001 003811 00 04/28/2009 0000130 00 ON-TRAC 6410758 003908 00 04/28/2009 101-7003-431.56-46 PROJECT 2008-11 101-7003-431.56-46 PROJECT 2008-11 101-7003-431.56-46 PROJECT 2008-12 101-7003-431.56-46 PROJECT 2008-14 101-7003-431.56-46 PROJECT 2008-13 401-1774-551.35-07 SRR CLBHOUSE DESIGN 401-1774-551.35-07 SRR CLBHOUSE DESIGN 401-1774-551.35-07 SRR CLBHOUSE DESIGN PhI:HZUa[olf-Aw 101-1004-413.56-01 OFFICE SUPPLIES 101-1004-413.56-01 OFFICE SUPPLIES 101-2001-411.56-01 OFFICE SUPPLIES 101-4001-415.56-01 OFFICE SUPPLIES 101-4001-415.56-01 RETURN CREDIT 101-5054-421.56-02 OFFICE SUPPLIES 502-0000-512.56-22 COMUTER SUPPLIES VENDOR TOTAL x 101-4002-415.51-31 OVERNIGHT MAIL VENDOR TOTAL * 0004244 00 PAINTED COVE HOA 37130 003880 00 04/28/2009 101-0000-228.30-00 REFUND VENDOR TOTAL > 0004927 00 PIPER, MICHAEL REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT VENDOR TOTAL > 0000839 00 POWER PLUS 540708-278570 003897 00 04/28/2009 101-5008-419.43-25 CC#2 GNRTOR MAINT 540710-323246 003897 00 04/28/2009 101-5055-422.43-61 ST#70 GNRTOR MAINT 533625-321443 003897 00 04/28/2009 101-5055-422.43-61 ST#93 GNRTOR MAINT VENDOR TOTAL * 0002767 00 POWERPLAN P30040 003841 00 04/28/2009 501-0000-511.43-40 EQUIP REPAIR VENDOR TOTAL x 0000802 00 POWERS AWARDS INC 104569 003905 00 04/28/2009 101-5056-425.56-31 DISASTER PREP -NM PLATES VENDOR TOTAL ■ 0003824 00 PRECISION GARAGE DOORS & GATES, INC 16993 003900 1258 00 04/28/2009 101-5055-422.43-61 ST#93-GARAGE DOOR i VENDOR TOTAL 0000043 00 PRINTING PLACE, THE O A 26.78 17.78 14.87 10.78 14.71 36.18 15.03 31.55 167.68 52.85 34.73 29.94 140.60 140.60- 60.40 79.37 257.29 15.08 15.08 100.00 100.00 500.00 500.00 452.47 309.08 365.78 1,127.33 202.37 202.37 123.97 123.97 5,270.00 5,270.00 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 11 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF ------------------------------------------------------------------------------------------------------------------------------------ LA QUINTA, CALIFORNIA VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000043 00 PRINTING PLACE, THE 090759 003900 00 04/28/2009 101-5004-424.53-01 GARAGE SALE SIGNS 714 49 0001562 00 24339 23867 23871 23869 23870 23873 0000325 00 54888 54887 0001938 00 310184-B/1/2 0004891 00 TM29421 0003768 00 RS-5263 0000327 00 9020583 9020582 0004293 00 309385 0004594 00 310174-C2/3 0004942 37129 0000879 IN0058033 S s `QQ04086 VENDOR TOTAL PRISTINE POOLS SERVICE & REPAIR INC 003880 00 04/28/2009 101-3001-451.33-13 CLORINATOR MOTOR REPAIR 003832 00 04/28/2009 101-7004-431.34-04 CALLE ESTRADA FNTAIN 003832 00 04/28/2009 101-7004-431.34-04 LA FONDA/E/W FNTAIN 003838 00 04/28/2009 101-7004-431.34-04 LQ COURT FOUNTAINS 003839 00 04/28/2009 101-7004-431.34-04 CALLE TAMPICO FNTAINS 003840 00 04/28/2009 101-7004-431.32-07 LUMPY FOUNTAIN VENDOR TOTAL ■ PSOMAS INC 003815 00 04/28/2009 101-7001-431.32-07 DESIGN 2/1-3/5 003833 00 04/28/2009 101-7001-431.32-07 DESIGN 2/1-3/5 VENDOR TOTAL PYLE, ROBERT NOBLE 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL * PYRAMID ADVISORS 003812 00 04/28/2009 101-0000-228.10-00 09-004 DEP RFND VENDOR TOTAL ■ RADAR SHOP INC, THE 003832 00 04/28/2009 501-0000-511.43-50 PRO -LASER 3 REPAIR VENDOR TOTAL ■ RBF CONSULTING INC 003899 00 04/28/2009 401-1774-551.35-07 SRR CLBHOUSE DESIGN 003899 00 04/28/2009 401-1775-551.35-07 SRR INFRASTRUCTURE VENDOR TOTAL REPUBLIC INTELLIGENT TRANSPORTATION 003832 00 04/28/2009 101-7005-431.32-20 SIGNAL SVC VENDOR TOTAL RICHARDS, FRANCES 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL > 00 RIVAS, MONICA 003880 00 04/28/2009 00 RIVERSIDE COMMUNITY HEALTH, 003880 00 04/28/2009 00 RIVERSIDE COUNTY INFORMATION 101-0000-228.30-00 REFUND VENDOR TOTAL > 101-3001-451.33-39 POOL HEALTH PERMITS VENDOR TOTAL ■ 714.49 325.00 214.00 214.00 107.00 107.00 214.00 11181.00 4,460.00 945.00 5,405.00 338.10 338.10 4,720.00 4,720.00 240.63 240.63 2,020.37 1,878.00 3,898.37 677.63 677.63 28.00 28.00 50.00 50.00 672.00 672.00 PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 12 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004086 00 RIVERSIDE COUNTY INFORMATION 90007-0902 003832 00 04/28/2009 101-5054-421.43-62 FEB'09 MAINT 212.69 VENDOR TOTAL ■ 212.69 0004583 00 RIVERSIDE COUNTY SHERIFF DEPT SH0000011324 003832 00 04/28/2009 101-5054-421.36-01 FIELD TRAINING 140,288.00 SH0000011343 003880 00 04/28/2009 101-5054-421.36-40 FACILITY FEE 141,499.19 SH0000011382 003880 00 04/28/2009 101-5054-421.36-28 BOOKING FEES 1,208.79 VENDOR TOTAL ■ 282,995.98 0000044 00 ROSENOW SPEVACEK GROUP INC MAR'09 003876 00 04/28/2009 101-0000-228.10-00 08-001 DEP RFND 700.00 MAR'09 003871 00 04/28/2009 245-9001-703.32-07 LOWBMOD HSING#1 6,838.32 MAR'09 003873 00 04/28/2009 246-9002-703.32-07 LOW&MOD HSING#2 19,896.43 MAR'09 003874 00 04/28/2009 401-1737-551.32-10 VISTA DUNES 8,160.57 MAR'09 003875 00 04/28/2009 401-1759-551.45-10 DUNE PALMS 6,220.00 MAR'09 003870 00 04/28/2009 405-9001-702.32-07 CAPITOL PRJ #1 2,885.00 MAR'09 003872 00 04/28/2009 406-9002-702.32-07 CAPITAL PRJ #2 11,650.63 VENDOR TOTAL 56,350.95 0002039 00 SAM'S FENCE COMPANY 11811 003908 00 04/28/2009 101-5008-419.43-88 ROOF POLE-ST#70 102.77 VENDOR TOTAL 102.77 0004922 00 SHEK DESIGNS PERMIT#9-2198 003842 00 04/28/2009 101-1000-321.00-00 REFUND 31.40 VENDOR TOTAL 31.40 0001965 00 SIGN A RAMA 36812 003897 00 04/28/2009 101-3001-451.33-04 SIGNS -PICNIC EVENT 701.80 VENDOR TOTAL ■ 701.80 0000463 00 SMITH PIPE & SUPPLY CO 1998669 003832 00 04/28/2009 101-7004-431.56-52 IRRIG MATERIALS 260.35 1998679 003832 00 04/28/2009 101-7004-431.56-52 IRRIG MATERIALS 19.38 200084 003832 00 04/28/2009 101-7004-431.56-52 IRRIG MATERIALS 169.14 VENDOR TOTAL ■ 448.87 0004935 00 SOTO, JOSE 22 003842 00 04/28/2009 601-0000-451.43-60 TREE REMOVAL 1,500.00 VENDOR TOTAL ■ 1,500.00 0000749 00 SOUTHWEST NETWORKS INC 09-4036 003805 00 04/28/2009 101-7002-431.32-45 OUTSOURCE LABOR 332.50 09-3225 003842 00 04/28/2009 101-7002-431.32-45 OUTSOURCE LABOR 878.75 VENDOR TOTAL * 1,211.25 004791 00 SOUZA, DEBRA 0180-C/1/2 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 102.90 0000048 VENDOR TOTAL * 102.90 00 STAPLES BUSINESS ADVANTAGE O C11 O PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 13 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA ------------------------------------------------------------------------------------------------------------------------------------ QUINTA, CALIFORNIA VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000048 00 STAPLES BUSINESS ADVANTAGE 3117955880 003811 00 04/28/2009 101-1001-411.56-01 RETURN CREDIT 34.17- 3118224333 003836 00 04/28/2009 101-4001-415.56-01 OFFICE SUPPLIES 82.91 3118224334 003837 00 04/28/2009 101-4001-415.56-01 OFFICE SUPPLIES 21.59 3117970329 003892 00 04/28/2009 101-4002-415.56-30 OFFICE SUPPLIES 46.96 3118235779 003891 00 04/28/2009 101-5001-424.56-01 OPERATING SUPPLIES 189.52 3117970329 003893 00 04/28/2009 101-5001-424.56-01 OFFICE SUPPLIES 96.74 3118235779 003890 00 04/28/2009 101-5004-424.56-28 OPERATING SUPPLIES 54.08 3117996765 003810 00 04/28/2009 101-5054-421.56-02 OFFICE SUPPLIES 23.39 3117996763 003810 00 04/28/2009 101-5054-421.56-02 OFFICE SUPPLIES 379.52 3117984381 003810 00 04/28/2009 101-5054-421.56-02 OFFICE SUPPLIES 256.10 3118224332 003880 00 04/28/2009 101-5054-421.56-02 RETURN CREDIT 131.44- 3117970328 003877 00 04/28/2009 101-6001-463.56-01 OFFICE SUPPLIES 18.03 3117970330 003802 00 04/28/2009 101-7002-431.56-02 OFFICE SUPPLIES 103.61 VENDOR TOTAL ■ 1,106.84 0004667 00 SULLIVAN, CHARLES L 310189-8 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 196.00 VENDOR TOTAL ■ 196.00 0004810 00 SUREFIRE, LLC 1271151 003832 1290 00 04/28/2009 101-5054-421.71-01 SHIPPING/TAX 258.03 1274557 003832 1290 00 04/28/2009 101-5054-421.71-01 SHIPPING/TAX 15.72 VENDOR TOTAL * 273.75 0003495 00 TESSCO INCORPORATED 731741 003907 00 04/28/2009 101-5056-425.43-90 DISASTER NET RADIO REPAIR 142.77 VENDOR TOTAL ■ 142.77 0000423 00 THOMPSON, LORNA 310133-4A/B 003882 00 04/28/2009 101-3002-451.33-43 INSTRUCTOR PYMT 14.00 VENDOR TOTAL * 14.00 0004925 00 THOMS, DAVID REBATE 003842 00 04/28/2009 101-1003-413.33-30 LNDSCP WATER MGMT 500.00 VENDOR TOTAL ■ 500.00 0004892 00 THYSSENKRUPP ELEVATOR CORP 1117040886 003882 00 04/28/2009 101-3006-451.43-01 ELEVATOR a;MUSEUM 512.50 VENDOR TOTAL x 512.50 0000057 00 TOPS'N BARRICADES INC 1008375 003812 00 04/28/2009 101-7003-431.56-46 SIGN 44.80 1008328 003812 00 04/28/2009 101-7003-431.44-01 SOAP BOX DERBY 535.00 1008447 003812 00 04/28/2009 101-7003-431.56-43 SIGN 282.75 1008561 003832 00 04/28/2009 101-7003-431.56-43 BARRICADE/LIGHTS 880.13 1008544 003832 00 04/28/2009 101-7003-431.56-46 SIGN 36.76 1008553 003852 00 04/28/2009 101-7003-431,56-43 BARRICADE/CONES 1,761.75 1008549 003832 00 04/28/2009 101-7003-431.56-46 SIGNS 3.81 3 VENDOR TOTAL * 3,545.00 *00058 00 TRAFFEX ENGINEERS INC L O C_n I_+ PREPARED 04/28/2009, 9:15:55 EXPENDITURE APPROVAL=LIST PAGE 14 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA ------------------------------------------------------------------------------------------------------------------------------------ QUINTA, CALIFORNIA VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000058 00 TRAFFEX ENGINEERS INC #9 FOR 08-17 003842 00 04/28/2009 101-7005-431.32-07 CONT TRFF ENG 7,536.50 VENDOR TOTAL * 7,536.50 0000059 00 TRI STATE LAND SURVEYORS & CIVIL 5205 003842 00 04/28/2009 401-1754-551.34-04 CONT SVC 2005-02 1,980.00 VENDOR TOTAL * 11980.00 0000060 00 TRULY NOLEN INC 66882923 003894 00 04/28/2009 101-3004-451.42-20 PST CNTRL-LIBRARY 80.00 66880685 003805 00 04/28/2009 101-3005-451.43-64 SPORTS COMPLEX 42.00 66882925 003897 00 04/28/2009 101-5008-419.42-20 BAIT BOXES 27.00 66883086 003895 00 04/28/2009 101-5055-422.42-20 PST CNTRL-ST#93 16.00 66883054 003896 00 04/28/2009 101-5055-422.42-20 PST CNTRL-ST#93 69.00 66883583 003897 00 04/28/2009 101-5055-422.42-20 PST CNTRL-ST#32 16.00 66883688 003897 00 04/28/2009 101-5055-422.42-20 PST CNTRL-ST#32 16.00 66883053 003897 00 04/28/2009 101-5055-422.42-20 PST CNTRL-ST#32 59.00 VENDOR TOTAL ■ 325.00 0004903 00 TURBOSCAPE INC 1505 003805 1287 00 04/28/2009 503-0000-513.71-06 PLYGRND SAFETY MATERIAL 10,220.00 VENDOR TOTAL * 10,220.00 0000062 00 UNDERGROUND SERVICE ALERT 320090337 003814 00 04/28/2009 101-7002-431.32-07 MAR'09 DIG ALERTS 82.50 VENDOR TOTAL * 82.50 0003959 00 VALLEY CRIME STOPPERS 041509 003832 00 04/28/2009 101-5054-421.36-40 CRIME STOPPERS 2,000.00 VENDOR TOTAL * 2,000.00 0002431 00 VINTAGE ASSOCIATES SI-72597 003812 00 04/28/2009 101-3005-451.43-70 TREE MAINT@SR CTR 800.00 SI-72818 003880 00 04/28/2009 101-3005-451,43-70 LQ SKATE PARK TREES 650.00 VENDOR TOTAL * 1,450.00 0003169 00 VISION INTERNET PROVIDERS INC. 15479 003877 00 04/28/2009 502-0000-512.33-52 WEBSITE ISSUE-COMM SVC 17.85 VENDOR TOTAL * 17.85 0000070 00 WAL MART COMMUNITY 005213 003908 00 04/28/2009 101-2001-411.56-02 OPERATING SUPPLIES 59.70 003522 003908 00 04/28/2009 101-3003-451.51-33 SP EVENT -EGG HUNT 266.73 002882 003908 00 04/28/2009 101-5054-421.56-02 SUPPLIES-PBALL MASK 401.61 VENDOR TOTAL * 728.04 0000256 00 WARD, LARRY W - ASSESSOR 8059 003901 00 04/28/2009 101-5002-424.53-01 ASSESSOR MAPS 19.50 8059 003902 00 04/28/2009 101-6002-463.53-01 ASSESSOR MAPS 19.50 S �002269 , 00 WHEELER'S VENDOR TOTAL * 39.00 O UT N PREPARED 04/28/2009, 9:15:35 EXPENDITURE APPROVAL LIST PAGE 15 PROGRAM: GM339L AS OF: 04/28/2009 CHECK DATE: 04/28/2009 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002269 00 WHEELER'S 3134 003877 00 04/28/2009 101-1002-413.31-01 BHCC VISITOR STUDY 5,000 00 VENDOR TOTAL * 51000.00 0003234 00 WILLDAN 061-28126 003841 00 04/28/2009 101-7005-431.32-07 CITY TRAFFIC ENGINEER 14,400.00 VENDOR TOTAL 14,400.00 0004401 00 WILLDAN FINANCIAL SERVICES 49456 003812 00 04/28/2009 101-7004-431.31-13 LNDSCP S LIGHTING 4,066.09 49566 003844 00 04/28/2009 301-9001-701.31-13 MATL EVENT NOTICE 100.00 49566 003846 00 04/28/2009 301-9001-701.31-13 MATL EVENT NOTICE 100.00 49566 003847 00 04/28/2009 301-9001-701.31-13 MATL EVENT NOTICE 100.00 49566 003848 00 04/28/2009 301-9001-701.31-13 MATL EVENT NOTICE 100.00 49566 003843 00 04/28/2009 302-9002-701.31-13 MATL EVENT NOTICE 100.00 49566 003845 00 04/28/2009 310-9501-411.31-13 MATL EVENT NOTICE 100.00 49566 003849 00 04/28/2009 310-9501-411.31-13 MATL EVENT NOTICE 100.00 VENDOR TOTAL 4,766.09 0003350 00 WIMMER, ED REIMB 003812 00 04/28/2009 101-7002-431.51-01 APWA LUCHEON 21.00 VENDOR TOTAL x 21.00 0000201 00 YOUNG ENGINEERING SVC 09-177 003908 00 04/28/2009 101-5002-424.33-28 PLAN CK SVC-BLDG 3,535.00 VENDOR TOTAL 3,535.00 0004949 00 ZENON, MONTIEL BL#0103075 003912 00 04/28/2009 101-1000-321.00-00 REFUND 36.00 VENDOR TOTAL 36.00 0004920 00 ZIMMERMAN, MARLENE 36924 003842 00 04/28/2009 101-3000-342.70-00 REFUND 58.00 VENDOR TOTAL ■ 58.00 TOTAL EXPENDITURES ■ 694,388.29 GRAND TOTAL ■xx.xr*x■ O U1 W 694,388.29 PREPARED 04/15/2009, 11:12:03 CITY OF LA QUINTA, CALIFORNIA PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST PAGE 1 REPORT NUMBER 234 GROUP NUMBER 02260 VOID CHECK GROUP ACCOUNTING PERIOD: 10/2009 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA '-------------------------------------------------------------------------------- - TRANS# TRANS DATE DESCRIPTION 1 VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ DESCRIPTION 2 VENDOR NAME INVOICE NUMBER AMOUNT WORK ORDER JOB# FACILITIES ---------------------------------------------------------------------------------------- DUE DATE CHECK# ID CHECK DATE TYPE LAST TRANS DISC/RETAINAGE 100 04/15/2009 PROPERTY TAX 003385 00 101-0000-156.00-00 0003914 00 MCDONNELL, PAUL 609040007-0 414.07- 00/00/0000 0082140 03/27/2009 N 200 04/15/2009 PROPERTY TAX 003384 00 101-0000-156.00-00 0003915 00 MCDONNELL, PAUL 609040023-4 00/00/0000 0082141 05/27/2009 N 13.19- COUNT: AMOUNT: O Cfl JET GROUP TOTALS 2 427.26- PREPARED 04/15/2009, 11:11:59 CITY OF LA QUINTA, CALIFORNIA PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST PAGE 3 REPORT NUMBER 233 GROUP NUMBER 02259 VOID CHECK GROUP ACCOUNTING PERIOD: 10/2009 GROUP USER IO SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA TRANS# TRANS DATE DESCRIPTION 1 ------------------------------------------ VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEO DESCRIPTION 2 VENDOR NAME INVOICE NUMBER AMOUNT WORK ORDER JOB# FACILITIES ______________________________________________________________________________________ DUE DATE CHECK# ID CHECK DATE TYPE LAST TRANS DISC/RETAINAGE 100 04/15/2009 PROPERTY TAX 003218 00 101-0000-156.00-00 0003913 00 MCDONNALL, PAUL 609040007-0 00/00/0000 0082090 03/13/2009 N 138.02- 200 04/15/2009 PROPERTY TAX 003217 00 101-0000-156.00-00 0003914 00 MCDONNELL, PAUL 609040023 -4 00/00/0000 0082091 03/13/2009 N 4.40- COUNT: AMOUNT: O CJT Qn GROUP TOTALS 2 142.42- PREPARED 04/15/2009, 11:54:52 CITY OF LA QUINTA, CALIFORNIA PAGE I PR06RAM: GN313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 235 GROUP NUMBER 02261 VOID CHECK GROUP ACCOUNTING PERIOD: 10/2009 - GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ____________________________________________________________________________________________________ _________ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID _______-___- _______________________________ 100 04/15/2009 002663 00 101-5001-424.51-01 ACCESSIBILITY TRAINING COUNT: AMOUNT: C7 CJT GROUP TOTALS 1 125.00- 0000550 00 PALM DESERT, CITY OF HANADA 00/00/0000 0081501 02/06/2009 N 125.00- PREPARED 04/17/2009, 11:59:00 CITY OF LA QUINTA, CALIFORNIA PAGE 1 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 237 GROUP NUMBER 02269 VOID CHECK GROUP ACCOUNTING PERIOD: 10/2009 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# ------------------------------------------------------------------------------------------------------------------------------------ FACILITIES ID 100 04/17/2009 003446 00 501-0000-511.43-50 REPAIR-02'05L93 COUNT: AMOUNT: O Cn GROUP TOTALS 1 I80.00- 0000421 00 SMITH MOTORSPORTS, M 99717815 00/00/0000 0082299 03/31/2009 N 180.00- s 'low., oe .y��.OA COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval of a Fiscal Year 2009/2010 California Department of Conservation Recycling Grant Application AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �] tel WW311-314XIA f all ] 11 C01tw- i -loll Approve the grant application for a California Department of Conservation Grant to continue recycling activities. FISCAL IMPLICATIONS: The City is eligible to receive $11,154 to continue recycling activities. Approval of this item would allow the City to submit the required application to receive these funds. No matching funds are required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Every year, the California Department of Conservation allocates funds to cities and counties to conduct beverage container recycling (i.e. glass, plastic, and aluminum) and litter reduction programs. Cities receive at least $5,000 plus additional funds based on population. This year, the City of La Quinta is eligible to receive $11,154. To receive these funds, the City must submit a grant application describing proposed activities by June 30, 2009. One of the funding categories for eligible activities under this grant is "Cooperative Marketing/Buy Recycled," which requires the City to "buy or use products made from recycled beverage container material." The City wishes to take advantage of this funding opportunity to supplement the cost of recycled content materials for outdoor 058 furniture at the courtyard of the La Quinta Museum as well as trash cans and picnic tables at the La Quinta Sports Park. The City will receive the funds after July 1, 2009 of the new fiscal year. The funds must be expended by June 30, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the grant application for a California Department of Conservation Grant to continue recycling activities; or 2. Do not approve the grant application for a California Department of Conservation Grant to continue recycling activities; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. lumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Draft Grant Application '' 059 i.1ty L-ounry runiing Request Form California Home ATTACHMENT 1 Deodrbnent ofConservation Division of Recycling Certified Recycling Centers a Processors Distdbulom Manufacturers_ a Retailers FTP Site G al P I formatioe Kids a Educators La" & Reaulatiom, Grants L99RLGW&mmeAtAgenSIQ9 A Custgide Program Officlal Notices DOR Links About Us Contact Us Jobs She Ma H41p/FAQ nt 61 ision of &Cycling 0 o search o la MyCA ( TNISde City/County Funding Request Form Fut:l;nq Pcouest Form profile Hkstsry SI gQut FRForm FUfUo Guidel inetininstructions For a printable Copy of your completed FRF, click PRINT VIEW, then from your browser toolbar, click FILE then PRINT THIS IS YOUR FILE COPY Funding Request Form Summary City/County: La Quinta Eligible Amount: $11,154 Contact for Funding Request Form Mr Thomas Genovese City of La Quints P.O. Box 1504 La Quints, CA 92247- Phone: (750) 777-7030 ext. 7030 Fax: (760) 777-7101 ext Email: tgenovese@la-quinta.org Project Description To supplement the Cost of recycled content materials for outdoor furniture at the courtyard of the La Quinta Museum as well as trash cans and picnic tables at the La Qulnta Sports Park. Supermarket site restriction: No Selected Activities Amount Recycled Content Products $11,154 Park / Playground Equipment Grand Total $11,154 These funds may not be used for activities unrelated to beverane container recvclinD or litter reduennnrPwdir Resources Code 14591.(a)(4)(C)] - - - - _--- < fit4ous r'aw { Sa+re- ' Nexti ': PLEASE CLICK NEXT BUTTON TO SUBMIT THE FORM ounus: rrcr use not open saved. DOR-18 Back to Top of Page Last edited do Comacl. webmesteuIDwrory re .1 CopyrlgM O Celiromk Depadmenl of Conservation. 2004 All dgMe reservs0 The Department of Conservation makes no wermnbes ea to the cuaabddy of thla product for any purpose 02004151ateof Caefomla Mnold Schwanomegger Go,emor Condeone of Use Pmracy Potky https://secure.conservation.ca.gov/Caprs/frf/Main/FundingRequestForm.aspx 4/27/2009 T4tyl 4 4a Quift& COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Adoption of a Resolution to Reaffirm the City's Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2009/2010 under CSA 152. FISCAL IMPLICATIONS: The adoption of this Resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel for all parcels within the City of La Quinta. The estimated revenue for Fiscal Year 2009/2010 is approximately $238,500. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 1991, the County of Riverside initiated the use of County Service Area (CSA) 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997/1998 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. 061 Each year, the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the National Pollutant Discharge Elimination System (NPDES) Permit. The services funded by CSA 152 include: flood control and storm drain maintenance, retention basin maintenance, and street sweeping. The City utilizes revenue from CSA 152 which is collected on all parcels in the city for street sweeping and storm drain maintenance and operation in order to partially offset costs in the citywide lighting and landscape district. The County of Riverside requires a City Council Resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 2009/2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2009/2010 under CSA 152; or 2. Do not adopt a Resolution of the City Council .and fund the street sweeping, flood control facility/drainage facility maintenance and operations, and the NPDES Program from the General Fund (this will result in an expenditure of approximately $238,500 annually from the General Fund); or 3. Provide staff with alternative direction. Respectfully submitted, thy R. J ass P.E. Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 1... 062 RESOLUTION NO. 2009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro -active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997/98 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and 063 Resolution No. 2009- CSA 152 Adopted: May 5, 2009 Page 2 WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City's flood control and drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2009/2010 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. .1.. ` 064 Resolution No. 2009- CSA 152 Adopted: May 5, 2009 Page 3 Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of May, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, CITY CLERK City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 065 T4uY 44a" COUNCIL/RDA MEETING DATE: Mav 5, 2009 ITEM TITLE: Adoption of a Resolution Approving the Application for a Fiscal Year 2009-2010 Coachella Valley Association of Governments (CVAG) Grant for Congestion Mitigation and Air Quality Projects RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the submittal of an application to the Coachella Valley Association of Governments (CVAG) for partial funding for the following five projects in order of priority: Project No. 1 — Traffic Signal Synchronization • Eisenhower Drive from Coachella to Calle Tampico; and • Calle Tampico from Eisenhower Drive to Washington Street Project No. 2 — Traffic Signal Synchronization • Adams Street from Westward Ho to Fred Waring Drive; • Miles Avenue from Adams Street to Dune Palms Road; and • Dune Palms Road from Miles Avenue to Fred Waring Drive Project No. 3 — City Owned Property PM-10 Stabilization • Use of contract farming on undeveloped property at SilverRock • Planting of Bermuda and Sudan grass on undeveloped areas not being farmed Project No. 4 — New Traffic Signal • Design and construct a new traffic signal at the intersection of Dune Palms Road and Retail Center Drive Project No. 5 — New Traffic Signal • Design and construct a new traffic signal at the intersection of Madison Street and Avenue 54 066 FISCAL IMPLICATIONS: CVAG has announced a call for projects to program Congestion Mitigation and Air Quality (CMAQ) funds that recently became available from previously approved projects that have been withdrawn. CMAQ funding is provided through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The amount of $2,180,000 is available for re -programming at this time. Funding is available for programming in Federal fiscal years 2009-2010 through 2012-2013. Cities would be allowed to receive CMAQ funds to develop and establish management systems for traffic congestion reduction, signal synchronization, and intersection improvements. The table below identifies the cost of the five projects being recommended for CMAQ funding: Project No. Total Cost City Match (11.47%) Funding Account 1 $410,000 $47,027 101-7005-431.71-01 2 $400,000 $45,880 101-7005-431.71-01 3 $507,000 $57,950 401-9001-702.32-15 *4 $430,000 $24,575 401-1780-551.45-01 5 $430,000 $49,1 50 DIF Transportation * Signal is 50% funded by developer contribution. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City recently received notification from CVAG that grant program funds are available in CMAQ. The CMAQ Program supports two important goals, improving air quality and relieving congestion. The type of activities eligible for CMAQ funds include: • Traffic Flow Improvement Programs to develop and establish management systems for traffic congestion reduction, signal synchronization, intersection improvements, and grade separation improvements spanning railroad tracks. • Soil Stabilization Improvements 067 The project application deadline is May 11, 2009 (Attachment 1). Upon City Council approval, a copy of the signed Resolution will be forwarded to CVAG. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the application for a Fiscal Year 2009-2010 Coachella Valley Association of Governments (CVAG) Grant for the five proposed projects; or 2. Do not adopt a Resolution approving the Application for a Fiscal Year 2009- 2010 Coachella Valley Association of Governments (CVAG) Grant for the five proposed projects; or 3. Provide staff with alternative direction. Respectfully submitted, 4T othy R. 1(afss o , P.E c Works Dire or/. PubliCity Engineer Approved for submission by: n� �A Thomas P. Genovese, City Manager Attachment: 1. CMAQ Project Applications 068 RESOLUTION NO. — 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION FOR FISCAL YEAR 2009/2010 CVAG GRANT WHEREAS, the Coachella Valley Association of Government (CVAG) through Congestion Mitigation and Air Quality (CMAQ) shall make available funds for fiscal year 2009/2010 for improving air quality and relieving congestion; and WHEREAS, CMAQ will fund projects with a minimum cost of $200,000 or more for a program to develop and establish management systems for traffic congestion reduction, signal synchronization, and intersection improvements; and WHEREAS, the City wishes to file an application applying for $1,962,000 towards the cost of five proposed projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City hereby approves the application for the Congestion Mitigation and Air Quality (CMAQ) Program in the amount of $1,962,000 for funding of the following five projects in order of priority Project No. 1 — Traffic Signal Synchronization • Eisenhower Drive from Coachella to Calle Tampico; and • Calle Tampico from Eisenhower Drive to Washington Street Project No. 2 — Traffic Signal Synchronization • Adams Street from Westward Ho to Fred Waring Drive; • Miles Avenue from Adams Street to Dune Palms Road; and • Dune Palms Road from Miles Avenue to Fred Waring Drive Project No. 3 — City Owned Property PM-10 Stabilization • Use of contract farming on undeveloped property at SilverRock • Planting of Bermuda and Sudan grass on undeveloped areas not being farmed Project No. 4 — New Traffic Signal • Design and construct a new traffic signal at the intersection of Dune Palms Road and Retail Center Drive 069 Resolution No. 2009- 2009I2010 CMAQ Grant Application Adopted: Page 2 of 3 Project No. 5 — New Traffic Signal • Design and construct a new traffic signal at the intersection of Madison Street and Avenue 54 2. The City authorizes the purchase of 5 traffic signal controllers, contingent upon CMAQ funding. 3. The City Council authorizes the City Manager, or his designee, to be the Lead Agency Representative as agent of the City of La Quinta to conduct all negotiations, execute and submit all documents, amendments, payment requests and other administrative duties which may be necessary during the course of the planning, design, construction, operation and maintenance of the aforementioned project. 4. The City Council authorizes the City Manager to execute the grant contract documents between the City and CMAQ, upon occurrence of the City Attorney, for the CMAQ funding allocation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of May, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, CITY CLERK City of La Quinta, California (City Seal) 070 Resolution No. 2009- 2009I2010 CMAQ Grant Application Adopted: Page 3 of 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 071 ATTACHMENT 1 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS CMAQ CALL FOR PROJECTS DATE: March 31, 2009 TO CVAG Member Jurisdictions Interested Public Agencies FROM Larry Parrish, Interim Executive Director SUBJECT: CMAQ CALL FOR PROJECTS APPLICATION PACKAGE The Coachella Valley Association of Governments (CVAG) announces a Call for Projects to program Congestion Mitigation and Air Quality (CMAQ) funds that has recently become available from previously approved projects that have been withdrawn. As a reminder CMAQ funding is provided through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The amount of $2,180,000 is available for re- programming at this time. Funding is available for programming in Federal fiscal years 2009/10 through 2012/13, It should be noted that the amounts available can be adjusted by Obligational Authority levels set by Congress, air basin reclassifications within the State, or other unforeseen reasons. INTRODUCTION/BACKGROUND The CMAQ Program was created under the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, continued under the Transportation Equity Act for the 21st Century (TEA- 21), and reauthorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act. A Legacy for Users (SAFETEA-LU). The purpose of the CMAQ Program is to fund transportation projects or programs that will contribute to attainment or maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide, and particulate matter The CMAQ Program supports two important goals, improving air quality and relieving congestion. By choosing to fund a CMAQ Project, a State or local government can improve air quality and make progress towards achieving attainment status and ensuring compliance with the transportation conformity provisions of the Clean Air Act (CAA). CVAG ■ 73-710 Fred Waring Drive, Suite 200 ■ Palm Desert, CA 92260-2516 ■ Phone (760) 346-1127 ■ Fax (760) 340-5949 "• 072 ELIGIBLE PROJECTS / PROGRAMS The primary purpose of the CMAQ Program is to fund improvement projects and programs that will assist non -attainment and maintenance areas to reduce transportation related emissions. CVAG agencies are encouraged to submit projects with a minimum cost of $200,000 or more during this call for projects. However, smaller projects will also be considered eligible for this application. The type of activities eligible for CMAQ funds include: • Transportation activities in an approved State Implementation Plan (SIP) or Maintenance Plan. In order to maintain compliance with the national PM10 standard, the Coachella Valley must continue the PM10 control measures identified within the Coachella Valley SIP. To this end, CVAG encourages the local municipal jurisdictions to apply for the following SIP identified activities: o Clean Streets Management o PM10 Paving Improvements o WindbreaksNVind Fence Improvements o Soil Stabilization Improvements • Transportation Control Measures - bicycle and pedestrian facilities and programs. • Traffic Flow Improvement Programs to develop and establish management systems for traffic congestion reduction, signal synchronization, intersection improvements, and grade separation improvements spanning railroad tracks. • Transit Improvements - public transportation facilities and equipment, and intermodal transportation facilities and systems used to increase and enhance transit ridership. This listing of eligible projects is not all encompassing. Please review the Federal CMAQ Program Guidance (Attachment A) for specific information on program eligibility and requirements. CVAG'S CMAQ CALL FOR PROJECTS- APPLICATION PACKAGE- PAGE 2 OF 16 073 All projects funded with CMAQ funds must be included in the Federal Transportation Improvement Program (FTIP). CMAQ funded projects/programs are subject to all Title 23 United States Code requirements, the Uniform Relocation Act, all federal, state and local environmental laws, and Caltrans administrative guidelines. The proposed projects/programs must demonstrate that: 1.) They will address ozone, carbon monoxide, and PM10 conditions in non - attainment or maintenance designated areas; 2 ) The federal funds requested will not replace other state and local funding available for these same purposes but will augment existing programs/projects or fund new efforts; and 3.) State and/or local funds are available to meet the required match of 11 47%. PROJECT SELECTION CRITERIA Proposals for CMAQ funding should include a precise description of the project, providing information on its size, scope, location, and schedule. In the schedule include time for Caltrans and Federal Highway Administration (FHWA) approvals. An assessment of the project's expected emission reduction benefits will be obtained by CVAG prior to project selection. • Air Quality: Projects that will result in improved air quality. • Congestion Mitigation: Projects resulting in Improved traffic flow and subsequent reduction in transportation -related emissions. • Safety: Project which will result in improved safety. • Project Readiness: Projects ready and as close to construction as possible (i.e. completing engineering and design, environmental and right of way clearance) and leveraging other funds to support the project. • Cost Effectiveness: Projects will be evaluated on specific factors that affect emission reductions and costs Priority weight will be applied to the Air Quality and Project Readiness criterion. PROPOSAL REQUIREMENTS All agencies wishing to apply for CMAQ funds in the Salton Sea Air Basin must submit one (1) original application and five (5) copies (total of six) signed by an individual authorized to act on behalf of the entity submitting the application. The original application should be submitted unbound on white, 8 '/2" x 11" paper. When possible, any charts, illustrations, pictures, etc. should be affixed to standard size paper for easy reproduction. CVAG'S CMAQ CALL FOR PROJECTS- APPLICATION PACKAGE- PAGE 3 OF 16 "'• -0 074 The enclosed application format must be used for all submittals. Additional pages may be added if more space is required. If you would like a copy of the application form e- mailed to you, please call Aurora Wilson by e-mail at awilsonCCbcvag.org or by phone at (760) 346-1127, ext 114. If your agency is submitting multiple project applications, please provide a project priority list. All applications must be received by CVAG at its office located at 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260-2516 by 5:00 p.m., Monday, May 11, 2009. Postmarks, facsimile or e-mailed applications will not be accepted. PROGRAMMING PROCESS In order for an eligible project/program to be approved and receive funding, it must go through the following process. 1.) Applications are submitted by eligible entities by 5:00 p.m on May 11, 2009 2.) Applications are reviewed and rated based upon established selection criteria. 3.) Applications approved for funding by CVAG are submitted to the Riverside County Transportation Commission (RCTC) for approval. 4.) Upon approval by RCTC, projects will be submitted to the Southern California Association of Governments (SCAG) for approval and inclusion in the next amendment to the Regional Transportation Improvement Program (RTIP), 5.) SCAG RTIP — approved projects are forwarded to Caltrans and the Federal Highway Administration (FHWA) for review, approval and inclusion in the Federal Transportation Improvement Program (FTIP) Projects which can be administratively amended (exempt from conformity analysis) may be approved in the RTIP on a faster timeframe than those that require transportation modeling. 6.) Local agencies will be notified upon federal approval to proceed with implementation by processing required documents through Caltrans District 8 Local Assistance Office or the Federal Transit Administration (FTA) if project is transit related. Entities may not incur chargeable project work until receipt of final federal approval (Obligation Authority) through the Caltrans Local Assistance Office. Should you have any questions regarding this CMAQ Call for Projects please call Aurora Wilson, Director, Community Resources Department, at (760) 346-1127. Attachments: Federal CMAQ Program Guidance CVAG'S CMAQ CALL FOR PROJECTS -APPLICATION PACKAGE -PAGE 4 OF 96 075 APPLICATION FORMAT I. APPLICANT INFORMATION Lead Agency: Address: Contact Person: Telephone #: E-mail Address: Fax #: If .joint Project. include partner agency name, contact person. and phone number: Project Name: Project Description: Project Limits: Amount CMAQ Requested: Amount of Match: Total Project Cost: Source(s) of Match: II. SCHEDULE AND BUDGET NOTE: CMAQ Funds will be made available as soon as the project is included in the FTIP Non -capacity enhancing projects or projects that do not require modeling can be included as an Administrative Amendment to the FTIP and will take approsunately 4-6 months to process alter CVAG's adoption of the program Capacitv Enhancing and/or projects that require transportation modehng would be included in the 2008 FTIP Amount (In 000's) Projected Start Date (Mo/Yr) Projected End Date (Mo/Y'r) Components CMAQ S Other S Other S Enviromnental Design & Engineering ROW/Site Ac uisition Construction Equipment to be j purchased Project Com letion TOTAL CVAG'S CMAQ CALL FOR PROJECTS —APPLICATION PACKAGE —PAGE 5 OF 16 076 I1I. SCOPE OF WORK A. Fully describe the proposed project. Include details on the tasks involved with project design, development and implementation. B. Describe in detail who will manage the project and how the work will be carried out (in- house or contract labor). Discuss the procedure for purchase of any equipment required. C. Indicate the Environmental Document type for the project (Neg. Declaration, CE, EIR. etc.) and the estimated approval date: CVAG'S CMAQ CALL FOR PROJECTS -APPLICATION PACKAGE- PAGE 6 OF 16 077 IV. STATEMENT OF BENEFIT Specifically address the project benefits according to the following Project Selection Criteria. (Remarks in parentheses request specific additional information ar provide clarification to criteria). A. Air Ouality Projects that will result in unproved air qualify (Discuss and doclonent how the project will contribute to attaitunent of the AAA OS and/or demonstrate consistency with the California Clean Air Act or 2003 Air Ouality Management Plan.) Please complete the appropriate Air Oualig: Assessment Input Data Sheet and attach it to your project application. B. Congestion Mitigation Discuss and document how the prgjeedprogram will result in congestion reduction. Complete both 1 and 2 1) Qualitative Analysis: 2) Quantitative Analysis: Recommended methodology — Highway Capacity Manual Indicators Existing After Improvement 1 Average Daily Traffic Level of Service 1 Vehicle Miles or Hours of Travel saved per year Hours of Delay saved per year CVAG'S CMAQ CALL FOR PROJECTS — APPLICATION PACKAGE— PAGE 7 OF 16 078 C. Safety Projects which will result in improved safety. (Discuss and document how the project swill improve safeol. Include data on the number of accidents and/or fatalities in the area over he last 3 »ears us wells as other factual information.) D. Proiect Readiness Projects ready and as close to construction as possible and leveragoag other finds to support the project. (Discuss limeframe for project implementation and an), antncipated barriers in project completron. Address other funds used to match/support the project. If the project requires on -going finding, include discussion on what funding will be used for continuing operation) E. Cost Effectiveness Projects which will result in cost effectiveness. (Discuss and document lanes the project will be cost effective in emission reductions.) CVAG'S CMAQ CALL FOR PROJECTS— APPLICATION PACKAGE— PAGE 8 OF 16 079 V. Please attach an S '/2 x 11 Site Map/Plan VI. CERTIFICATION I certify that the information presented herein is complete and accurate and if this agency receives funding it will be used solely for the purposes stated in this application. Additionally, I certify that these funds will not supplant other federal, state or local funding available for the same purposes as the project/program. Signature Title Date CVAG'S CMAQ CALL FOR PROJECTS— APPLICATION PACKAGE— PAGE 9 OF 16 AIR QUALITY ASSESSMENT INPUT DATA (Return applicable page(s) as part of your CMAQ application) A. PROJECT AIR QUALITY BENEFIT DESCRIPTION In the space below, please provide a concise description of how the proposed CMAQ project will contribute to air quality improvement A separate sheet can be attached if desired Please label the attached sheet "Air Quality Assessment Input Data". B. QUANTITATIVE ANALYSIS CVAG staff will calculate the emissions reductions attributable to each proposed CMAQ project Proposers do not need to submit arithmetic calculations as part of their proposal. However, to assist CVAG and the Technical Advisory Committee members in accurately assessing the air quality benefits of your proposed project please provide all requested input data, as applicable to your project category CVAG staff will analyze each proposed project using emission calculation methodologies recommended by Caltrans and the California Air Resources Board Input Data templates are provided on the following pages for the eleven project categories 1 State Highway/Local Roads — Capacity Increasing 2. State Highway/local Roads — Traffic Congestion and Delay Reduction 3 State Highway/Local Roads — Traffic Signal Installation/interconnect 4 Public Transit— Purchase of Buses 5 Public Transit— Operation of New Transit Bus Service 6 Inter -city Rail Service 7, Bicycle Facilities 8. Pedestrian Facilities 9 Grade Separations 10. Transportation Demand Management 11 Intermodal Facilities CVAG'S CMAQ CALL FOR PROJECTS —APPLICATION PACKAGE— PAGE 10 OF 16 081 AIR QUALITY ASSESSMENT INPUT DATA — continued PLEASE RETURN THE APPLICABLE EMISSIONS REDUCTION DATA INPUT FORM(S) WITH YOUR PROPOSAL. The eleven listed categories do not encompass all eligible CMAQ project categories Should your project fall outside of the eleven listed categories, please provide the necessary air quality improvement input data as a separate attachment and label this attachment "Supplemental Air Quality Assessment Input Data" Please note that proposers are not precluded from submitting their own emissions reduction calculations. Any calculations submitted will, however, be reviewed by CVAG staff and are subject to revision to insure consistency in evaluation among all candidate projects. PROJECT CATEGORY 1: STATE HIGHWAYILOCAL ROADS — CAPACITY INCREASING Category Definition. This category includes projects that increase the carrying capacity of a state or local roadway This includes, but is not limited to, HOV lane construction, mixed -flow lane construction, roadway widening, etc Please Provide the Following Input Data for the Road Segment Affected by the Proposed Capacity Enhancement Project: Length of Roadway Segment (miles) Traffic Volume — "Before Project" Traffic Count Data OR Before Project Average Daily Traffic (.ADT) Traffic Volume — "After Project" Traffic Count Data OR After Project Average Daily Traffic (ADT) 'Before Project' Average Vehicle Speed (determined by "floater car" data or other measurement) "After Project" Estimated Average Vehicle Speed (determined by transportation simulation, volume/capacity ratios, Level of Service (LOS) tables, or other methods) PROJECT CATEGORY 2: STATE HIGHWAY/LOCAL ROADS — TRAFFIC CONGESTION AND DELAY REDUCTION (NON -CAPACITY INCREASING) Category Definition. This category includes projects that improve traffic flow by reducing delays at intersections, on ramps, etc. This includes, but is not limited to: auxiliary lanes between adjacent intersections, intersection reconstruction, two-way left turn lanes, channelization, ramp reconstruction, roadway realignments, etc CVAG'S CMAQ CALL FOR PROJECTS —APPLICATION PACKAGE— PAGE 11 OF 16 ..l!) 082 AIR QUALITY ASSESSMENT INPUT DATA — continued Please Provide the Following Input Data for the Road Segment and Congested Period (i.e., AM Peak Hours and PM Peak Hours) Affected by the Traffic Congestion/Delay Reduction Project: Traffic Volume — "Before Project" Traffic Count Data OR Before Project Average Daily Traffic (ADT) Traffic Volume — "After Project" Traffic Count Data OR After Project Average Daily Traffic (ADT) Duration of Congested AM Peak Period (number of a.m hours that significant delay occurs) Duration of Congested PM Peak Period (number of p m hours that significant delay occurs) ..Before Project' Average Vehicle Delay (average vehicle delay at intersection, turning lane queuing, onramp, etc.) "After Project" Estimated Average Vehicle Delay (average vehicle delay at intersection, turning lane queuing, onramp, etc.) PROJECT CATEGORY 3 STATE HIGHWAY/LOCAL ROADS — TRAFFIC SIGNAL INSTALLATION/ INTERCONNECT Category Definition This category includes projects that propose to: a) replace an existing stop sign or four-way stop with a traffic signal, b) interconnect and coordinate newly implemented traffic signals with other signals along the corridor, and c) improvements to signal timing that reduce overall vehicle stops and delays NOTE: Signal timing and other actions that increase traffic speeds and flows to the detriment of overall traffic performance or that offer a significant inducement to travel by automobile are not air quality beneficial. Speed improvements to greater than 30 mph increase NO, emissions and may be counterproductive to improving air quality. Emissions reductions in Reactive Organic Gases (ROG) and NOx are associated with increasing average traffic speeds to up to 30 mph • NO, emissions start increasing when average vehicle speeds are greater than 30 mph • Carbon monoxide emissions start increasing when average vehicle speeds are greater than 45 mph • ROG emissions start increasing when average vehicle speeds are greater than 50 mph CVAG'S CMAQ CALL FOR PROJECTS - APPLICATION PACKAGE- PAGE 12 OF 16 083 AIR QUALITY ASSESSMENT INPUT DATA — continued Please Provide the Following Input Data for Each Road Segment and Congested Period (i.e., AM peak and PM peak) Affected by the Proposed Signalization/Signal Interconnect Project: Length of Roadway Segment (miles) Traffic Volume During Congested Period - 'Before Project' Traffic Count Data OR Before Project Average Daily Traffic (ADT) Traffic Volume During Congested Period - "After Project' Traffic Count Data OR After Project Average Daily Traffic (ADT) "Before Project" Average Vehicle Speed During Congested Period (determined by "floater car" data or other measurement) "After Project" Estimated Average Vehicle Speed During Congested Period (determined by transportation simulation, volume/capacity ratios, Level of Service (LOS) tables, or other methods) "Before Project" Average Vehicle Delay (average vehicle delay due to stop sign queuing, etc ) "After Project" Average Vehicle Delay (average vehicle delay due to stop sign queuing, etc.) PROJECT CATEGORY 4: PUBLIC TRANSIT — PURCHASE OF BUSES Category Definition The purchase of transit buses that are certified to be less polluting than a typical new bus or an engine replacement that converts the bus Into a less polluting vehicle (cleaner re -power). For emissions reductions to be credited to the project, the vehicle(s) purchased must emit less pollution than conventional new diesel buses meeting current emissions standards. Please Provide the Following Input Data for Each New or Re -powered Transit Bus Proposed: Vehicle Type, Make, and Model New Engine Make and Model Old Engine Make and Model (if re -power) New Engine Fuel Type (CNG, LNG, LPG, etc ) Old Engine Fuel Type (if re -power) Estimated Vehicle Life (years) Annual Vehicle Miles Traveled (VMT) Annual Vehicle Hours of Operation CVAG'S CMAQ CALL FOR PROJECTS — APPLICATION PACKAGE— PAGE 13 OF 16 AIR QUALITY ASSESSMENT INPUT DATA — continued PROJECT CATEGORY 5: OPERATION OF NEW TRANSIT BUS SERVICE Category Definition New, extended, and increased -frequency provide additional hours of bus service per year and serve additional people. These are fixed -route services implemented by transit agencies. (Cleaner, alternative -fuel buses should be used in the bus service expansions in order to offset the additional emissions created from the new transit service and achieve an overall project net emissions reduction ) Please Provide the Following Input Data for Each New Transit Service Route Proposed: Number of Operating Days per Year Average Daily Ridership of New Service Average Length of Automobile Trips Replaced (miles) Percent of Riders Who Drive to the Bus Service Annual Vehicle Miles Traveled (VMT) for the New Transit Service Percent of Riders Who are Transit Dependent PROJECT CATEGORY 6: INTER -CITY RAIL SERVICE Category Definition New, extended, and/or increased -frequency of commuter rail services. Please Provide the Following Input Data for Each New Transit Service Route Proposed: Number of Operating Days per Year Average Daily Ridership of New Service Average Length of Automobile Trips Replaced (miles) Percent of Riders Who Drive to the Rail Station Percent of Riders Who are Transit Dependent CVAG'S CMAQ CALL FOR PROJECTS — APPLICATION PACKAGE— PAGE 14 OF 16 085 AIR QUALITY ASSESSMENT INPUT DATA — continued PROJECT CATEGORY 7: BICYCLE FACILITIES Category Definition. Bicycle paths (Class 1) or bicycle lanes (Class 2) are targeted to reduce commute and other non -recreational automobile travel. Class 1 facilities are paths that are physically separated from motor vehicle traffic. Class 2 facilities are striped bicycle lanes giving preferential or exclusive use to bicycles Bicycle lanes should meet Caltrans' full -width standard depending on street facility type. Please Provide the Following Input Data for Each New Bicycle Facility Proposed: Type of Bicycle Facility (Class 1 or Class 2) Length of Bicycle Path or Lane (miles) Average Length of Bicycle Trip (miles) Average Daily Traffic Volume on Roadway Parallel to Bicycle Facility (ADT) City Population (number of residents) List Types of Activity Centers in the Vicinity of the Bicycle Facility (e.g., bank, church, hospital, park & ride lot, office park, light rail station, post office, public !ibrary, shopping center, grocery store, univers,ty, community college, elementary school, etc.) PROJECT CATEGORY 8: PEDESTRIAN FACILITIES Category Definition: Pedestrian facilities replace automobile trips by providing or improving pedestrian access. An example is a pedestrian over crossing over several lanes of heavy traffic providing a safe walking access to adjacent activity centers. Please Provide the Following Input Data for Each New Pedestrian Facility Proposed: Estimated Number of Weekly One -Way Automobile Trips Eliminated CVAG'S CMAQ CALL FOR PROJECTS - APPLICATION PACKAGE- PAGE 15 OF 16 086 AIR QUALITY ASSESSMENT INPUT DATA - continued PROJECT CATEGORY 9: GRADE SEPARATIONS Category Definition Includes construction of rail or roadway over crossings, under crossings, etc, to eliminate traffic flow interruptions at grade crossings Please Provide the Following Input Data for Each Grade Separation Proposed: Traffic Volume — "Before Project" Traffic Count Data OR Before Project Average Daily Traffic (ADT) Traffic Delays — "Before Project" Average Daily Delay (i.e., average amount of time, on a daily basis, that trains block the roadway) PROJECT CATEGORY 10: TRANSPORTATION DEMAND MANAGEMENT Category Definition Programs that reduce and/or eliminate automobile trips and vehicle miles traveled. Please Provide the Following Input Data for the Proposed Transportation Demand Management Project: Number of Weekly One -Way Automobile Trips Eliminated _T Average Length of Automobile Trips Eliminated PROJECT CATEGORY 11: INTERMODAL FACILITIES Category Definition: Facilities that support the movement of goods into and through the region, including transfer facilities, cargo terminals, freight distribution facilities, etc Intermodal facilities can improve the efficiency and effectiveness of goods movement and result in a net reduction in vehicle miles traveled Please Provide the Following Input Data for the Proposed Intermodal Facility Project: Estimated Total Annual Reduction in Truck Vehicle Miles Traveled (e.g , truck VMT eliminated by using rail for goods movement) CVAG'S CMAQ CALL FOR PROJECTS — APPLICATION PACKAGE— PAGE 16 OF 16 -"r) 08 T-itf 4 4 Qab& COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Acceptance of a Dedication for Public Street Purposes along Avenue 54 and Public Utility Easement along Gray Avenue from East of Madison, LLC, a Delaware limited liability corporation and execution of a Quit Claim Deed of Public Utility Easement along Gray Avenue to East of Madison, LLC, a Delaware limited liability corporation. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept a Dedication for public street purposes along Avenue 54 and public utility easement along Gray Avenue from East of Madison, LLC, a Delaware limited liability corporation and execute a quit claim deed of public utility easement along Gray Avenue to East of Madison, LLC, a Delaware limited liability corporation. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33076, Madison Club (development), East of Madison, LLC, a Delaware limited liability corporation (developer), is located between Madison Street and Monroe Street, south of Avenue 52, and north of Avenue 54 (Attachment 1). The developer requested that the proposed Gray Avenue access to Avenue 54 be widened to facilitate service vehicle access to the development. A Lot Line Adjustment application was submitted to the Planning Department for approval to adjust lot lines to facilitate this action on the Final Map No. 33076-1 and 33076-2. However, the additional widening required additional public street --- 1 088 dedication (Attachment 2) from what was dedicated on Final Map No. 33076-1 for a deceleration lane and curb returns on Avenue 54 street improvements. Additionally, the affected lots had public utility easements (Attachment 3) dedicated to the City that required the developer to grant easements and for the City to quit claim (Attachment 4) easements back to the developer for the widening of Gray Avenue. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Dedication for Public Street Purposes along Avenue 54 and Public Utility Easement along Gray Avenue from East of Madison, LLC, a Delaware limited liability corporation and execute a Quit Claim Deed of Public Utility Easement along Gray Avenue to East of Madison, LLC, a Delaware limited liability corporation, or 2. Do not accept a Dedication for Public Street Purposes along Avenue 54 and Public Utility Easement along Gray Avenue from East of Madison, LLC, a Delaware limited liability corporation and do not execute a Quit Claim Deed of Public Utility Easement along Gray Avenue to East of Madison, LLC, a Delaware limited liability corporation; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. ass P.E. Public Works Di rec or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Public Street Dedication Exhibit 3. Public Utility Easement Exhibit 4. Quit Claim Deed for Public Utility Easement Exhibit 089 ATTACHMENT I VICINITY MAP N.T.S. 111 a 0 w w 0 � Z Y U w Q AVENUE 50 o �ii F- co AVENU 52 AVENUE 54 TRACT N .33076-1 �•1 ATTACHMENT- 2 RECORDING REQUESTED BY AND RETURN TO: City of La Quinta — Attn: City Clerk 78-495 Calle Tampico La Quinta, CA 92253 767-210-088 (bpaoe Aoove ror necomar s Esc) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement's is made this day of , 2009, by East of Madison, LLC, a Delaware limited liability company (hereinafter referred to as the "Grantor"). RECITALS A. WHEREAS, Grantor is the legal owner of a fee interest in certain real property located in the City of La Quinta, County of Riverside, State of California, commonly known as Madison Club, La Quinta, California, which property is more particularly described in the attached Exhibit C (incorporated by reference herein) (hereinafter referred to as the "Property'), and B. WHEREAS, Grantor desires to gram to City of La Quints, a California municipal corporation and charter city (the "City"), an exclusive, perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for public street purposes and ancillary uses; and AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: I. GRANT,• DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A and depicted in Exhibit B (the "Easement Area"). 2. PURPOSE. The easement is for an exclusive, perpetual and irrevocable easement in, on, under and across the Easement Area for public street dedication. 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if 091 215"H610-M $24642,01 a04/09009 requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION• SUCCESSORS AND ASSIGNS. RUNS WITH THE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 092 21561015630-0002 $24642,01 e0410a09 -2- STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, • a notary public, personally appeared personally known to me (or.proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 2156MI5616-0802 824642.01 aWOM 093 (Legal Description of Easement Area Attached) »... 094 2156/015610-0002 824642.01 e04f08A19 "5" EXHIBIT "A" PUBLIC STREET DEDICATION RWD 08-069 PARCEL A THAT PORTION OF LOT'S' OF TRACT NO.33076-1, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 'S', SAID POINT BEING THE SOUTHERLY END OF THE CERTAIN COURSE IN THE WESTERLY LINE OF SAID LOTS' SHOWN AS LINE L61 ON SAID TRACT MAP; THENCE ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOTS' NORTH 89046'66' EAST, 10.00 FEET TO AN ANGLE POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE SOUTH 47036'16' EAST, 33.97 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 89046W EAST, 10.00 FEET; THENCE LEAVING SAID GENERALLY SOUTHERLY LINE NORTH 47036'16' WEST, 33.97 FEET TO THE EASTERLY PROLONGATION OF THE AFOREMENTIONED COURSE DESCRIBED AS NORTH 89046'66' EAST, 10.00 FEET; THENCE ALONG SAID EASTERLY PROLONGATION SOUTH 89046'SW WEST,10.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL A CONTAINS 230 SQUARE FEET, MORE OR LESS. PARCEL B THAT PORTION OF LOTS' OF TRACT NO.33076-1, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE. OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 'S', SAID POINT BEING THE SOUTHERLY END OF THE CERTAIN COURSE IN THE WESTERLY LINE OF SAID LOTS' SHOWN AS LINE L61 ON SAID TRACT MAP; THENCE ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 'S' NORTH 8904656' EAST, 10.00 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE SOUTH 4rW16' EAST, 33.97 FEET TO AN ANGLE POINT, THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 89046'50' EAST, 120.02 FEET TO AN ANGLE POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE SOUTH 830053C EAST, 80.60 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 89046'60' EAST, 80.62 FEET; THENCE LEAVING SAID GENERALLY SOUTHERLY LINE NORTH 83'05'34' WEST, 80.60 FEET TO THE EASTERLY PROLONGATION OF THE AFOREMENTIONED COURSE DESCRIBED AS NORTH 89°46'60' EAST, 120.02 FEET; THENCE ALONG SAID EASTERLY PROLONGATON SOUTH 89046'ST WEST, 80.62 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL B CONTAINS 806 SQUARE FEET, MORE OR LESS. 095 ALL AS MORE PARTICULARLY SHOWN ON. EXHIBIT °B-, ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. REGISTRATION EXPIRES 12/31/08 7 ptlz& DATE No. 7842 * Exp. 12/31/08 * mot • (Depiction of Easement Area Attached) 097 2156M]5610-00= 824642.01804/OS/09 -6- - . , 'w^v mrgrvT LEGAL DESCRIPTION �I EXHIBIT "B° SHEI PUBLIC STREET DEDICATION RW-D 08-M IN THE CITY OF LA QUINTA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LOT "R" ` k�BOLDT BLVD_ . TRACT No. 33076-2 LOT 75 M.B. 393/61-80_ LOT_1'" TRACT m LEGEND ® STREET DEDICATION INDICATES RECORD ATA PER TRACT NO. 33078--1, M.B. 386 7-78 No. 33076-1 M.B. 388/57-79 LOT "S" SCALE: 1" — 50' N (S 83 pg34. � AVENUE 54 — — —(N SW48'&f E) 1 UNE TABLE UNE I BEARING LENGTH N 00 9Y E iQ00 s' 8' p Lk W 33. LS � PT7'��e �" W IN 898'480.t� ` 50" E) PARCEL B 606 SQ.Ff. PREPARED BY ME OR UNDER MY DIRECTION: UNa7g"4��E30DEAN J. BOULDIN.—PA-& 7842 DATEF OF CAL\ EXP. 12-31-08 ATTACHMENT 3 RECORDING REQUESTED BY AND RETURN TO: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk APN: 767-210-095 (Space Above For Recorder's Use) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement') is made this day of , 2009, by East of Madison, LLC, a Delaware limited liability company (hereinafter referred to as the "Grantor'). RECITALS A. WHEREAS, Grantor is the legal owner of a fee interest in certain real property located in the City of La Quints, County of Riverside, State of California, commonly known as Madison Club, La Quints, California, which property is more particularly described in the attached Exhibit C (incorporated by reference herein) (hereinafter referred to as the "Property"); and . B. WHEREAS, Grantor desires to grant to the City of La Quints, a California municipal corporation and chatter city (the "City'), an exclusive, perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for public utility purposes and ancillary uses; and AGREEMENT NOW, THEREFORE, Grantor and City agree as follows: 1. GRANT• DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A and depicted in Exhibit B (the "Easement Area"). 2. PAMOSE. The easement is for an exclusive, perpetual and irrevocable easement in,'on, under and across the Easement Area for public utility purposes and ancillary uses. 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder. Grantor must relocate any utilities 1" j 215"15610-M VA"2.01 a04AW09 or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION,• SUCCESSORS AND ASSIGNS• RUNS WITH TILE LAND. This Agreement shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. TAXES AND ASSESSMENTS. 'This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] r 100 21561015610-M2 824642.01804AW09 Executed this "Grantor" day of 2009, at La Quinta, California. "City" East of Madison, LLC, A, a Delaware limited CITY OF LA QUINTA, a California municipal liability company corporation and charter city By: Its: By: Its: UN Thomas P. Genovese City Manager Attest: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 215NOI5610-0002 824"2.01 a04A18W -3- 101 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, • a notary public, personally appeared persondly known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature STATE OF CALIFORNIA } ss. COUNTY OF ) On before me, • a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 21561015610-0002 824642.01 e04/OaM 102 (Legal Description of Easement Area Attached) 2150015610-0002. 103 92464201 aOMOBM19 -5- EXHIBIT "A" PARCEL A(22.00 FOOT WIDE PUBLIC UTILITY EASEMENT) THAT PORTION OF PARCEL 3 OF LOT LINE, ADJUSTMENT NO.07-W IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED . 2008 AS INSTRUMENT NO.2008- . IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF TRANSFER PARCEL "B" OF SAID LOT LINE ADJUSTMENT, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE BEARS SOUTH 00013'04" EAST TO SAID BEGINNING OF CURVE; THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG THE GENERALLY EASTERLY LINE OF SAID TRANSFER PARCEL "Bo AND SAID CURVE THROUGH A CENTRAL ANGLE OF 10002045" AN ARC LENGTH OF 26.27 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 326.00 FEET; THENCE CONTINUING NORTHERLY ALONG SAID GENERALLY EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 03015'23" AN ARC LENGTH OF 18.53 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 45.00 FEET; THENCE CONTINUING NORTHERLY AND NORTHEASTERLY ALONG SAID GENERALLY EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 19019'57" AN ARC LENGTH OF 15.18 FEET; THENCE LEAVING SAID GENERALLY EASTERLY LINE AND RADIAL TO LAST SAID CURVE SOUTH 57016'59" EAST, 22.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE BEARS NORTH. 57016'59" WEST TO SAID BEGINNING OF CURVE; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19019'5T AN ARC LENGTH OF 7.76 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 304.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°5746" AN ARC LENGTH OF 31.20 FEET TO THE GENERALLY EASTERLY LINE OF PARCEL 1 OF SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID GENERALLY EASTERLY LINE OF PARCEL 1 SOUTH 89046'56" WEST, 4.70 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 927 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT Ir, ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. REGISTRATION EXPIRES 12/31/08 Na 7842 Exp. 12/31/08 104 * (Depiction of Easement Area Attached) 105 2156AI561"DO2 -� 824642.01 80I/0&W PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" 22-00 FOOT WIDE PUBLIC UTILITY EASEMENT IN THE CITY OF LA QUINTA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA cV 1 0 /9 00 ri taco F- I\ O orn J Z n vM 1 p-ac L } I !/PARTRANWM-!<-"- E� a71 LLA 07-484 L C7 / PARCEL 1 LLA 07-484 22/ n' oQ° / v yam. C4 N r 82y29,,:,4; W INST. O.R. INST. Y �, v Zz. \ 00 FOOT N9DE PUBLIC UTILITY EASEMENT A 22 FOOT WDE PRE ANZ III) UTILITYMpFO/_782 BF38380 A&F�DE?W�2EASEMENT 80 (xx) P IRAJES RECORD DATA PER LLA 07-484 PARCEL 2 LLA'07-484 E 3MOI1 O.R. SHEET 1 OF 1 SCALE: 1" = 2d Na 7842 Fv6 12/31/08 PREPARED BY ME OR UNDER MY DIRECTION: DEAN I BOULDIN, P.L.S. 7842 DAZE EXP. 12-31-08 06 ATTACHMENT 4 RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: Name City of La Quinta Address P.O. Box 1504 city La Quinta State, Zip CA, 92253 APN: 767-210-088 QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX is $ CITY TAX is $ ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on full value less the value of liens or encumbrances remaining thereon at the time of sale, The land tenemments or real�Lis located in ❑ unincorporated area n Cfty of LaQuin a and A VALUABLE CONSIDERATION, receipt of which is doles) hereby remise, release and forever quitclaim to East of Madison LLC A Delaware limited liability company the following described real easement over real property in the City of La Quinta, County of Riverside State of California: ten foot wide public utility easement as shown and dedicated on map book 388 pages 57 thru 59 commonly known as Madison Club Dated: } STATE OF CALIFORNIA }ss COUNTY OF } On before me Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Aare subscribed to the within Instrument and acknowledged to me that hefshethey executed the same In hWherhhetr authorized capaalyfiss), and that by his/hentheir signature(s) on the Instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is he and correct. WITNESS my hand and ofitdat seal. Signature City of La Quinta, a California municipal corporation and charter city Name: Thomas P. Genovese Title: City Manager East of Madison, LLC, A Delaware limited liability company Name: Title: 107 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 1: EXHIBIT " A" PARCEL A (10.00 FOOT WIDE PUBLIC UTILITY EASEMENT QUITCLAIM) THE 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT OVER A PORTION OF LOT 0.7 OF TRACT NO. 33078-1, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON A MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE ABOVE DESCRIBED PARCEL CONTAINS 373 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. REGISTRATION EXPIRES 12/31/08 No. 7842 * Exp. 12/31/08 109 PLAT TO ACCOMPANY LEGAL. DESCRIPTION SCALE: 1" 0 2V I Ld ry Q n Of LLJ 0 z Q LLd Iz ,. +.0 O) nr 0 I Ln 0000 000 zPO U m Q� I EXHIBIT "B" SHEET OF I 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT QUITCLAIM IN THE CITY OF LA QUINTA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I" REMAINDER PARCEL TRACT NO. 33076-1 M.B. 388/57-79 LOT "T" ur TRACT NO. 33076-1 =1 I M.B. 388/57-79 Ill QI } PARCEL A _ 373 SQ.F7. I AVENUE 54 LOT "S" TRACT NO. 33076-1 M.B. 388/57-79 LEGEND 10.00 FOOT WIDE PUE EASEMENT TO BE QUITCLAIMED 12 FOOT WIDE LANDSCAPE EASEME14T PER TRACT No. 3W76-1 M.B. 388/57-79 PREPARED BY ME OR UNDER MY DIRECTION: T� 7�1�08 DEAN & BOULDIN, P.L.S. 7842 DATE EXP. 12-31-08 a No. 7842 * E*.12/31/08 OF 110 RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: Name City Of La Quinta Address 78-495 Calla Tampico city La Quinta State, Zip CA 92253 APN:767-210-095 QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX is $ CITY TAX is $ ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on full value less the value of liens or encumbrances remaining thereon at the time of sale, The land tenemments or rea Is located in ❑ Unincorporated area al City of La aulnta and FOR A VALUABLE CONSIDERATION, receipt of which is the following described real easement over real property In the City of La Quints, County of Riverside _, State of California: =.II :I •:r :• • • • _I l\ • ••r: _ 4F l:•ill flli• •:i• -'• •l Iladin!rriirk 393•• . :1 commonly known as Madison Club Dated: STATE OF CALIFORNIA )as COUNTY OF _ } On before are Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose morals) isfare subsufied to the wfihtrr Instmmerd and sciviowledged to me that hefshe/lhey executed the same to hisirwirdteh suf rorteeed capadtypes), and that by his/heritheir signatuofwNdhth)on the Instrument the person(a), or do aft e persons) acted in the upon behalfInstrument. - 1 cerafy under PENALTY OF PERJURY under this laws of the State of Celtiomia thet the foregoing paragraph Is true and correcL VMWESS my hand and official seal. Signature City of Le Quinta, a California municipal corporation and Charter city Name: Thomas P. Genovese Title: City Manager Fast of Madison, LLC A Delaware limited liability Company Name: ill STATE OF CALIFORNIA ) ss. COUNTY OF ) /J1 before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 112 EXHIBIT "A" PARCEL A (22.00 FOOT WIDE PUBLIC UTILITY EASEMENT QUITCLAIM) THAT PORTION OF THE 22.00 FOOT WIDE PUBLIC UTILITY EASEMENT, OVER LOT 7r OF. TRACT NO. 33078-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN AND DEDICATED ON A MAP FILED IN BOOK 303, PAGES 61 THROUGH 80, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT'T' OF TRACT NO. 33076-1, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE EASTERLY END OF THE CERTAIN COURSE IN THE GENERALLY NORTHERLY LINE OF SAID LOT "T" SHOWN AS LINE L135 ON SAID TRACT MAP NO. 33076-1, SAID POINT ALSO BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 7601T22" WEST; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE GENERALLY WESTERLY LINE OF SAID LOT "R" AND SAID CURVE THROUGH A CENTRAL ANGLE OF 32*W'18" AN ARC LENGTH OF 25.59 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 45.00 FEET; THENCE CONTINUING NORTHEASTERLY ALONG SAID GENERALLY WESTERLY LINE AND SAID CURVE THROUGH'A CENTRAL ANGLE OF 13°34W AN ARC LENGTH OF 10.67 FEET; THENCE LEAVING SAID GENERALLY WESTERLY LINE AND RADIAL TO LAST SAID CURVE SOUTH 57016'59" EAST, 22.00 FEET TO THE GENERALLY EASTERLY LINE OF SAID 22.00 FOOT WIDE PUBLIC UTILITY EASEMENT. THE ABOVE DESCRIBED PARCEL CONTAINS 1,028 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. DEAN J. BOULDIN, - P.L.S. 7842 REGISTRATION EXPIRES lV31/08 %l t (Gala DATE No7842 i E* 2/31/08 OF 113 PLAT TO ACCOMPANY EXHIBIT "B" LEGAL DESCRIPTION 22.00 FOOT WIDE PUBLIC UTILITY EASEMENT QUITCLAIM IN THE CITY OF LA QUINTA COUNTY OF RNERSIDE, STATE OF CALIFORNIA LOT "S" TRACT No 33076-2 M.B. 39 /61-80 T.P.O.B. O� 00 I P.O.C. U ry 'v Z' Q I I I LEGEND LOT "T" TRACT fig LOT "S" SHEET S OF 1 y� KA tiRCEL A I28 SQ.FT. LOT 75 NO. 133076-1 388/57-79 CURVE TABLE CURVE DELTA RADIUS I LENGTH GC1> 32'36'18' C2 67' Q UAE AND AD3�UTY AR TRACT Na 76-2 MAB. 3gAC/TN8PI1D-EE•80PE N LAND R� MB� i� NRICA7 RTM.B. 38T ?-79 ACT 40p INDICaA3TES RECtD DATA PER TRACT N0. 33078-2. B. 3/81-80 ®22.00 FOOT WIDE PUBLIC UTILITY EASEMENT TO BE QUITCLAIMED Na 7842 * Exp. 12/31/08 * '© PREPARED BY ME OR UNDER MY DIRECTION: �7/i/oa DEAN A BOULDIW P.LS. 7842 DATE EXP. 12-31-OB —�14 COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval of the California Department of Transportation (Caltrans) Disadvantaged Enterprise (DBE) Program Implementation Agreement for Local Agencies RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: k- STUDY SESSION: PUBLIC HEARING: Approve the Caltrans DBE Implementation Agreement, authorize the City Manager to execute the Agreement, and direct the City Clerk to provide a certified "minute order" for this action. FISCAL IMPLICATIONS: The approval of the DBE Program Implementation Agreement will not affect the city's budget at this time, however, it will allow the City to continue its eligibility to receive federal financial assistance from Federal Highway Administration (FHWA) for street and highway projects. CHARTER CITY IMPLICATIONS: The Caltrans DBE Implementation Agreement is required to be implemented for projects receiving federal assistance. Projects that receive federal assistance are bid as prevailing wage improvements. BACKGROUND AND OVERVIEW: Caltrans has implemented a Race Conscious Disadvantaged Business Enterprise (DBE) Program for all projects that receive FHWA funds. The City's amended DBE Program Implementation Agreement must be approved by Caltrans on or before June 1, 2009 to remain eligible to receive FHWA sponsored funding. 115 The Amended Caltrans DBE Program Implementation Agreement, presented as Attachment 1, outlines the responsibilities and requirements of the City for implementing the DBE Program. To receive federal financial assistance from FHWA, the City is required to implement the Caltrans DBE Program as it pertains to local agencies. The DBE Program Plan is based on U.S. Department of Transportation (DOT) regulation, 49 CFR, Part 26 requirements. The DBE Program requires that the City ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and/or participate in DOT -assisted contracts. In addition, the DBE Program is written to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and is intended to create a level playing field on which DBEs can fairly complete. To assist in accomplishing this, the City is required to prepare to adopt an annual overall DBE participation percentage (goal) for approval by Caltrans on or before June Vt of each year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Caltrans DBE Implementation Agreement, authorize the City Manager to execute the Agreement, and direct the City Clerk to provide a certified "minute order" for this action; 2. Do not approve the Caltrans DBE Implementation Agreement, do not authorize the City Manager to execute the Agreement, and do not direct the City Clerk to provide a certified "minute order" for this action; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. on s n, P.E. Public Works Di ctor/City Engineer 116 Approved for submission by: 4 Thomas P. Genovese, City Manager Attachment: 1. Caltrans DBE Implementation Agreement 117 ATTACHMENT I Exhibit 9-A Disadvantaged Business Enterprise Implementation Agreement for Local Agencies CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES 118 March 4, 2009 CALIFORNIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE IMPLEMENTATION AGREEMENT For the City of La Quinta, hereinafter referred to as "RECIPIENT." Definition of Terms The terms used in this agreement have the meanings defined in 49 CFR § 26.5. Il OBJECTIVE/POLICY STATEMENT (§26/1. 26/23) The RECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this assistance, the RECIPIENT will sign the California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement (hereinafter referred to as Agreement). The RECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26 requirements. It is the policy of the RECIPIENT to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT -assisted contracts. It is also their policy: • To ensure nondiscrimination in the award and administration of DOT -assisted contracts. • To create a level playing field on which DBE's can compete fairly for DOT -assisted contracts. • To ensure that their annual overall DBE participation percentage is narrowly tailored, in accordance with applicable law. • To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. • To help remove barriers to the participation of DBEs in DOT -assisted contracts. • To assist the development of firms that can compete successfully in the market place outside the DBE Program. III Nondiscrimination (§26.7) RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the DBE Program Plan, the RECIPIENT will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. March 4, 2009 119 IV Annual DBE Submittal'Form (§26.21) The RECIPIENT will provide to the Caltrans District Local Assistance Engineer (DLAE) a completed Local Agency DBE Annual Submittal Form (Exhibit 9-13) by June I of each year for the following Federal Fiscal Year (FFY). This form includes an Annual Anticipated DBE Participation Level (AADPL), methodology for establishing the AADPL, the name, phone number, and electronic mailing address of the designated DBELO, and the choice of Prompt Pay Provision to be used by the RECIPIENT for the following FFY. V Race -Neutral Means of Meeting the Overall Statewide Annual DBE Goal (§26.51) RECIPIENT must meet the maximum feasible portion of its AADPL by using race -neutral means of facilitating DBE participation. Race -neutral DBE participation includes any time a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low -bid system to award subcontracts). Race -neutral means include, but are not limited to, the following: I. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces); 2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing); 3. Providing technical assistance and other services; 4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate); 5. Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBEs and other small businesses; 6. Providing services to help DBEs, and other small businesses, improve long-term development, increase opportunities to participate in a variety of types of work, handle increasingly significant projects, and achieve eventual self-sufficiency; 7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; 8. Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and 9. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. March 4, 2009 120 VI Race Conscious Means of Meeting the Overall Statewide Annual DBE Goal (§26.51(d)) RECIPIENT must establish contract goals for Underutilized Disadvantaged Business Enterprises (UDBEs) to meet any portion of your AADPL you do not project being able to meet using race -neutral means. UDBEs are limited to these certified DBEs that are owned and controlled by African Americans, Native Americans, Women, and Asian Pacific Americans. VII Quotas (§26.43) RECIPIENT will not use quotas or set -asides in any way in the administration of the local agency component of the DBE Program Plan. VIII DBE Liaison Officer (DBELO) (§26.25) RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan, as it pertains to the RECIPIENT, and ensures that the RECIPIENT is fully and properly advised concerning DBE Program Plan matters. The Principal Engineer will serve as the DBELO on behalf of the City of La Quinta. The Principal Engineer is supported by the Professional and Support Staff within the Public Works Department. The name, address, telephone number, electronic mail address, and an organization chart displaying the DBELO's position in the organization are found in Attachment No. 1 to this Agreement. This information will be updated annually and included on the DBE Annual Submittal Form. The DBELO is responsible for developing, implementing, and monitoring the RECIPIENT's requirements of the DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to determine projected Annual Anticipated DBE Participation Level. 4. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner. 5. Analyzes DBE participation and identifies ways to encourage participation through race -neutral means. 6. Participates in pre -bid meetings. 7. Advises the CEO/governing body on DBE matters and DBE race -neutral issues. 8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding and insurance. 9. Plans and participates in DBE training seminars. 10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities. 121 March 4, 2009 IX Federal Financial Assistance Agreement Assurance (§2613) RECIPIENT will sign the following assurance, applicable to and to be included in all DOT -assisted contracts and their administration, as part of the program supplement agreement for each project. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE Program, as required by 49 CFR, Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). [Note — this language is to be used verbatim, as it is stated in §26.13(a).] X DBE Financial Institutions (§26.27) It is the policy of the RECIPIENT to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the DBELO. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBELO. XI Directory (§26.31) RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program's website at www.dot.ca.gov/hq/bep. XII Required Contract Clauses (§§26.13, 26.29) RECIPIENT ensures that the following clauses or equivalent will be included in each DOT -assisted prime contract: A. CONTRACT ASSURANCE The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. [Note — This language is to be used verbatim, as is stated in §26.13(b). See Caltrans Sample Boiler Plate Contract Documents on the Internet at www.dot ca.gov/hq/LocalPrograms under "Publications.'] March 4, 2009 122 B. PROMPT PAYMENT Prompt Progress Payment to Subcontractors The local agency shall require contractors and subcontractors to be timely paid as set forth in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10-days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. Prompt Payment of Withheld Funds to Subcontractors The local agency shall ensure prompt and full payment of retainage from the prime contractor to the subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed and accepted. This shall be accompanied by including either (1), (2), or (3) of the following provisions [local agency equivalent will need Caltrans approval] in their federal -aid contracts to ensure prompt and full payment of retainage [withheld funds] to subcontractors in compliance with 49 CFR 26.29. 1. No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. 2. No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. 123 March 4, 2009 3. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. XIII Local Assistance Procedures Manual The RECIPIENT will advertise, award and administer DOT -assisted contracts in accordance with the most current published Local Assistance Procedures Manual (LAPM). XIV Transit Vehicle Manufacturers (§ 26.49) If FTA-assisted contracts will include transit vehicle procurements, RECIPIENT will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. XV Bidders List (§26.11(c)) The RECIPIENT will create and maintain a bidders list, consisting of information about all DBE and non -DBE firms that bid or quote on its DOT -assisted contracts. The bidders list will include the name, address, DBE/nonDBE status, age, and annual gross receipts of the firm. XVI Reporting to the DLAE RECIPIENT will promptly submit a copy of the Local Agency Bidder/Proposer-UDBE Commitment (Consultant Contract), (Exhibit 10-0(1) "Local Agency Bidder/Proposer-DBE Commitment (Consultant Contract)") or Exhibit 15-G(1) "Local Agency Bidder-UDBE Commitment (Construction Contract) to the DLAE at the time of award of the consultant or construction contracts. RECIPIENT will promptly submit a copy of the Local Agency Bidder -DBE Information (Exhibit 15-G(2) "Local Agency Bidder -DBE (Construction Contracts) — Information" or Exhibit 10-0(2) "Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information" of the LAPM) to the DLAE at the time of execution of consultant or construction contract. RECIPIENT will promptly submit a copy of the Final Utilization of DBE participation to the DLAE using Exhibit 17-F "Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier March 4, 2009 124 Subcontractors" of the LAPM immediately upon completion of the contract for each consultant or construction contract. XVII Certification (§26.83(a)) RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program will participate as DBEs on DOT -assisted contracts. XVIII Confidentiality RECIPIENT will safeguard from disclosure to third parties, information that may reasonably be regarded as confidential business information consistent with federal, state, and local laws. By (Signature ) Thomas P. Genovese, City Manager Phone Number: (760) 777-7100 (Print Name and Title) ADMINISTERING AGENCY (Authorized Governing Body Representative) This California Department of Transportation's Disadvantaged Business Enterprise Program Implementation Agreement is accepted by: Date: [Signature of DLAE] [Print Name of DLAE] Distribution (I)original -DLAE (2) Signed copy by the DLAE - Local Agency (UpdatedMarch 4, 2009) March 4, 200; 125 CITY OF LA QUINTA DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER JUNE 2, 2009 The City's Principal Engineer will serve as the DBELO on behalf of the City of La Quinta. The Principal Engineer is supported by the Professional and Support Staff within the Public Works Department. The following professional engineer is currently serving in the Principal Engineer position: Mr. Bryan McKinney, P.E. Principal Engineer City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Phone: (760) 777-7045, Fax: (760)777-7155 Email: bmckinney@la-quinta.org Mr. McKinney will be supported in his position as DBELO by the Professional and Support Staff, as necessary, within the City's Public Works Department. 126 a, y OF Tk� COUNCIL/RDA MEETING DATE: May 5, 2009 AGENDA CATEGORY: ITEM TITLE: Approval of Amendments to Community BUSINESS SESSION: _ Services Grants Guidelines/Application CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve amendments to the Community Services Grants guidelines and application in relation to marketing requests submitted for funding consideration by the City of La Quinta. FISCAL IMPLICATIONS: None associated with this action. Staff is not recommending any budget changes to the overall Community Services Grants budget, which is $100,000 for Fiscal Year 2008-2009. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta established a Community Services Grant Program and related process to facilitate the review and consideration of funding requests submitted to the City by local, non-profit organizations. When first established, the program had a budget of $20,000 and requests were considered twice a year by the City Council. Funding per applicant was limited to $2,000. 127 In 2007, due to the growing number of funding and sponsorship requests, staff conducted a review of the guidelines and application to further refine the process. On May 1, 2007, the City Council considered modifications to the Community Services Grants process. As a result, the refined program/process currently involves: a budget of $100,000 annually; a submittal process which takes place quarterly (organizations funded one year can not apply the next consecutive year); and review of all requests by an Ad -Hoc Grants Committee made up of two City Council Members and staff. A category was added at that time to include economic development/marketing requests as part of the Community Services Grant program. As Council is familiar, criteria include the following: Completion of an grant application Proof of 501(c)(3) exemption status Prior three years of bank statements Copy of organization's Program Operating Budget for current year Copy of organization's current IRS Form 990 from the immediately preceding tax year On April 15, 2008 during a study session on marketing strategies, the City Council directed staff to establish a process and guidelines for the evaluation of marketing requests by the La Quinta Marketing Committee. Council expressed a desire to allow outside presentations before this group in an effort to assess various marketing requests. Marketing Committee Members were agreeable to outside presentations and assessing marketing proposals, but expressed a preference to work within the established Community Services Grants process. Community Services and Development Services staff, in conjunction with the La Quinta Marketing Committee, discussed at length multiple ways in which marketing requests could be reviewed by the La Quinta Marketing Committee. Due to limited resources and fiscal considerations, the Committee recommended keeping marketing requests within the Community Services Grants process and making some changes to the guidelines and application (specific only to marketing requests). In February 2009, the City Council considered recommendations made by the La Quinta Marketing Committee related to marketing requests: Marketing requests will follow the same submittal schedule as Community Services Grants and considered within the same overall budget The guidelines and application shall include a requirement for marketing requests to include a detailed marketing, media, and/or public relations plan Community Services staff will forward all marketing requests directly to the La Quinta Marketing Committee for review The La Quinta Marketing Committee will review marketing requests and, more 128 specifically, assess the marketing plan and make a recommendation to the Ad - Hoc Committee based on qualitative and quantitative promotional benefits to the City of La Quinta All grants shall be forwarded to the City Council with a final recommendation by the Ad -Hoc Committee The City Council concurred with the recommendations of the La Quinta Marketing Committee, and asked that a second tier be incorporated to allow for marketing requests exceeding $5,000. Council specified that only marketing requests exceeding $5,000 would be required to submit a detailed marketing plan that would be forwarded to the La Quinta Marketing Committee for review. Amendments reflecting Council's direction have been incorporated into the Community Services Grant guidelines and application for Fiscal Year 2009-2010, and are provided in redline form as Attachment 1. If Council agrees with the handling of marketing requests in accordance with the attached changes, staff will make those changes and finalize grant documents for Fiscal Year 2009-2010. Council also suggested that the La Quinta Marketing Committee be expanded by two to three representatives. In consultation with the City Manager, staff will seek active business representatives from the La Quinta Village and Highway 111 corridor. They will be invited to join the La Quinta Marketing Committee by the end of the fiscal year. In addition, the City's new marketing firm, Furino/Greene Creative, will replace Kiner Communications on the Committee. By way of background, formation of the La Quinta Marketing Committee was approved by Council in July of 2000. At that time, Council directed staff to meet quarterly and strictly on an informational basis with the La Quinta Chamber of Commerce, KSL (i.e., the La Quinta Hotel), and other interested parties. The make up of the Committee has evolved over time and currently consists of representatives from: City of La Quinta, La Quinta Chamber, La Quinta Resort & Club, La Quinta Arts Foundation, Kiner Communications (City's current marketing firm), and Landmark Golf Management (City's golf course operator). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve amendments to the Community Services Grants guidelines and application in relation to marketing requests submitted for funding consideration by the City of La Quinta; or 2. Do not approve amendments to the Community Services Grants guidelines and application in relation to marketing requests submitted for funding consideration by the City of La Quinta; or 129 3. Provide staff with alternative direction. Respectfully submitted, Ili aTao�� Douglas R. vans Assistant City Manager — Development Services Approved for submission by: AA Genovese, City Manager Attachment: 1. Community Services Grant guidelines and application for Fiscal Year 2009-2010 (redline form) 130 ATTACHMENT 5 I 4 XPaumrw FM OF1� GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development Grants go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorship Grants go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next fiscal year. Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing requests above $5,000 (submission of a detailed marketing/media plan is required in connection with these requests). La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. For Economic Development/Marketing requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Grant applications will be considered by City Council at the first City Council meetings in August, November, February, and May of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Typed applications are preferred. 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 City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. • 131 Tw�t44Q" GRANT APPLICATION FISCAL YEAR 2009-2010 Name of Organization: Amount Reauested: Contact Mailing State: Zip Home Telephone: Work Telephone: E-mail Address: 501(c)3 Taxpayer I.D. Date Application Subr Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. Deleted: a -- Deleted: 09 132 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketingind Sponsorships (above $5 000 ) 1. What is the overall purpose or goal of your Organization? 2. How long has your Organization been in existence? Years 3. Describe in general the activities or services of your Organization: 4. How many people does your Organization currently serve? No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors Months 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No, of Seniors 133 How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 8. Describe how your Organization is managed and governed 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 10. What is your annual schedule of events, and during what months does your Organization operate? 11. Do you charge admission, membership fees, dues, etc? _ Yes No If yes, please describe: 134 12. What are your other sources of revenue for this funding year? Source Total Needed $ Total Received $ Balance $ 13. Amount of money requested from the City of La Quinta? $ Amount 14. Has your Organization been funded by the City of La Quinta previously? Yes No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: 135 17. 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. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. 19. Marketing/Media Plan If you are applying for an Fconomic DevelopmenUMarketing grant and your request for funding is above $5.000. you must submit a detailed marketing/media plan for review by the La Ouinta Marketing Committee. Your plan must outline all of your advertising and marketing strttegles (including but not limited to: print radio television- online public relationsand sknia, e) ind describe how those promotional efforts will benefit the City of La Quinta .20. Attach copies of the last three months bank statements for the Organization's checking and savings account. 21. Attach a copy of your Program Operating Budget for the current year. Deleted 20 �----=---------- ---- — Deletes: 21 22. Non-profit Organizations must attach a copy of the organization's current IRS - -----—-------- - Form 990. 136 Twit 4stP4urm COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 466 Amending Title 9, Zoning, of the La Quinta Municipal Code RECOMMENDATION: Adopt Ordinance No. 466 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On April 21, 2009, the City Council moved to take up Ordinance No. 466 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 466 on first reading. The motion to introduce Ordinance No. 466 carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 131 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 466 on second reading. 2. Do not adopt Ordinance No. 466 on second reading; or 3. Provide staff with alternative direction. Respectf Ily submitted, Z� Veronica J. , ntecino, CMC, City Clerk Approved for submission by: homas P. Genovese, City Manager 138 ORDINANCE NO. 466 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) UPDATE THE LIST OF ESTABLISHED ZONES (9.20.010), 2) IDENTIFY THE EFFECTIVE DATE FOR LOW -DENSITY RESIDENTIAL ZONED LOTS WHICH ARE PERMITTED A 10 FOOT REAR SETBACK (9.50.030), 3) IDENTIFY THE CORRECT COVE RESIDENTIAL MINIMUM DWELLING UNIT SIZE IN TABLE 9-2 (9.50.030), 4) IDENTIFY PROVISIONS FOR THE USE OF VINYL FENCING MATERIALS (9.50.090), 5) CORRECT THE GUESTHOUSE PROVISIONS IN THE RESIDENTIAL TABLE OF PERMITTED USES (9.60.100), 6) REQUIRE A SPECIFIC PLAN IN CERTAIN COMMERCIAL ZONING DISTRICTS FOR ALL PROJECTS OVER 10 ACRES IN SIZE (9.70.030 & 9.90.040), 71IDENTIFY TOBACCO AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040), 8) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (9.200.070), AND 9) SPECIFY CRITERIA FOR MODIFICATION BY APPLICANT PROCEDURES (9.200.090). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h of March, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to update the list of established zones (9.20.010), to identify the effective date for low -density residential zoned lots which are permitted a 10 foot rear setback (9.50.030), to identify the correct cove residential minimum dwelling unit size in Table 9-2 (9.50.030), to identify provisions for the use of vinyl fencing materials (9.50.090), to correct the guesthouse provisions in the residential table of permitted uses (9.60.100), to require a specific plan in certain commercial Zoning districts for all projects over 10 acres in size (9.70.030 & 9.90.040), to identify tobacco and ice skating related uses in the non-residential table of permitted uses (9.80.040), to establish sunset provisions for inactive and incomplete applications (9.200.070), and to specify criteria for modification by 139 Ordinance No. 466 Title 9 Amendments Adopted: May 5, 2009 Page 2 applicant procedures (9.200.090); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 21" day of April, 2009, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "H," on file in the Planning Department. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 1983-063) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. POSTING. The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. 140 Ordinance No. 466 Title 9 Amendments Adopted: May 5, 2009 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5th day of May, 2009, by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph h= ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 141 Ordinance No. 466 Title 9 Amendments Adopted: May 5, 2009 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) 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. 466 which was introduced at a regular meeting on the 21" day of April, 2009, and was adopted at a regular meeting held on the 5`" day of May, 2009, 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 No. 2006-115. VERONICA J. MONTECINO, CIVIC, 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, CIVIC, City Clerk City of La Quinta, California 142 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT A 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan: 1 . RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District Village Residential histriet 9. VC Village Commercial District 4$ V-G Village Core District 4-2, V-6 Village South Distriet 44, V-N Village North District 4¢ VT T..mpiee Urban Mix Disiriet 10. NR Nonresidential Overlay District 11. CR Regional Commercial District 12. CP Commercial Park District 13. CC Community Commercial District 14. CN Neighborhood Commercial District 15. CT Tourist Commercial District 16. CO Office Commercial District 17. MC Major Community Facilities District 18. PR Parks and Recreation District 19. GC Golf Course District 20. OS Open Space District 21. FP Floodplain District 22. HC Hillside Conservation Overlay District 23. SOB Sexually Oriented Business Overlay District 24. EOD Equestrian Overlay District 143 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT B 9.50.030 Table of development standards Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH RSP RR Overlay Overlay Minimum lot size for single- 20,000 7200 7200 5000 3600 2000 ** family dwellings (sq. ft.) Minimum project size for n/a n/a n/a n/a 20,000 20,000 * n/a multifamily projects (sq. ft.) Minimum lot frontage for 100 60 60 50 40 n/a single-family dwellings (ft.)' Minimum frontage for n/a n/a n/a n/a 100 100 n/a multifamily projects (ft.) Maximum structure height 28 28 17 28 28 40 (ft.)2 Maximum number of stories 2 2 1 2 2 3 Minimum front yard setback 30 20 20 20 20 20 RVL:40 (ft.)I Minimum garage setback' n/a 25 25 25 25 25 (ft.) Minimum interior/exterior 10/20 5/10 5/10 5/10 5/10 10/15 ** side yard setback (ft.)',' Minimum rear yard setback 30 20 for 10 15 15 20 (ft.) new lots and 10 for existing recorded Iotse Maximum lot coverage (% of 40 50 60 60 60 60 ** net lot area) Minimum livable area 2500 1400 4400 1400 1400 750 for excluding garage (sq. ft.) 1200 (multi- multi- family: family 750) Minimum common open n/a n/a n/a 30% 30% 30% 30% n/a areas Minimum/average perimeter 10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a landscape setbacks (ft.)6 1 1 1 1 1 1 144 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 Special Zoning Symbols Referenced on the Official Zoning Map Symbol Description of Special Zoning Symbols Used as per Section 9.20.030 60-RM-10,000 60-foot minimum lot frontage, medium density residential zoning, 17/1 10,000 square foot minimum lot size, 17-foot maximum building 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-foot maximum building height at 17/1 one story RL Low density residential zoning, 17-foot maximum building height at one 17/1 story * As shown on the approved specific plan for the project. ** As provided in the underlying base district. Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. 3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. ° For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 5 The following are exceptions to the minimum side setbacks shown:" For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet Is located between five and ten feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard. a Existing recorded lots prior to May 1, 1997. 145 Ordinance 466 Title 9 Amendments Adopted May 5, 2009 EXHIBIT C 9.40.040 Table of permitted uses. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use District C = Conditional use permit M = Minor use permit H = Home occupation Very Medium - permit Low Low Medium High High S = Specific plan required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use I RVL RL RC RM RMH RH Residential Uses Guesthouses, subject M A M A M A X X X to Section 9.60.100 Second residential A A A A2 A2 A2 units subject to Section 9.60.090 13 146 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT D 9.80.040 Table of permitted uses. Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor. Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use Commercial permit Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP cc CN CT CO MC Dining, Drinking and Entertainment Uses Restaurants, drive- P A P X P X X through Restaurants, counter P P P P P X X take-out with ancillary seating, such as yoghurt, ice cream, pastry shops and similar Bars, taverns and cocktail C C C X C X X lounges Dancing or live C X C X C X X_ entertainment as a principal use Dancing or live A X C C C X X entertainment as an accessory use Theaters, live or motion C X C X C X X picture Tobacco shops without P X C X C X X onsite smoking, as per the provisions of the Health and Sanitation Code Cigar lounges, hookah C X X X C X X bars, and similar uses with onsite smoking, as per the provisions of the Health and Sanitation Code Recreation Uses Ice skating rinks JC1xlC1xlxlxJC 147 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 I*A:II:IIII in 9.60.030 Fences and walls. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Wood and Vinyl Fencing. a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood and vinyl or similar recycled fencing materials are is permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this section. b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. All vinyl or similar recycled fencing material shall be constructed of an aluminum -reinforced non -reflective material that contains anti -static and UV -radiation inhibiting additives. d. e. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building Code. e. d. Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four feet and three feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non -wood products that have the appearance of split rail. A building permit shall be obtained prior to construction. ••.• 148 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT F 9.70.030 CR regional commercial district. A. Purpose and Intent. To provide for the development and regulation of regionally oriented commercial areas located along the Highway 1 1 1 corridor as shown on the general plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. PeF genBFal plan D liey 2-3 ' o Approval of a specific plan is required for any development or land division greater than 10 acres in the CR district. 9.90.040 Table of development standards. Table 9-6 following and the illustrations in Section 9.90.050 set forth standards for the development of property within nonresidential districts. Notwithstanding Table 9-6, different standards shall apply if special zoning symbols, described in Section 9.20.030, are designated on the official zoning map. Table 9.6 Nonresidential Development Standards Development Standard District CR* CP* CC CN CT* CO MC Minimum —Maximum building site (acres) n/a n/a n/a 1-20 n/a n/a n/a Maximum building height (ft.)',' 50 35 40 35 40 40 40 Maximum number of stories 4 2 3 2 3 3 3 Maximum floor area ratio (FAR)' .35 1 .50 .30 .25 .25 .30 n/a Minimum perimeter From Highway 111 right-of-way' 50/50 50/50 50/50 n/a n/a n/a n/a 149 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 building/landscape From all primary setbacks (in ft.)' image corridor' rights -of -way' (except Hwy 111) 30/20 30/20 30/20 30/20 30/20 30/20 30/20 and from all major and primary arterials From all other perimeter street 20/10 20/10 20/10 20/10 20/10 20/10 20110 rights -of -way' From residential districts and PR, OS 50/10 50/10 50/10 30/155 30/1 55 30/1 55 30/15' and GC districts' Minimum setback from interior property 0 0 0 0 0 0 0 lines within the same project Parking and signs See Chapters 9.150 and 9.160 Fences and walls See Section 9.100,030 Landscaping and screening See Sections 9.100.040 and 19.100.050 * Specific plan approval required for development or land division greater than 10 acres in the CR, CP, and TC districts. ' All minimum perimeter setbacks shall be increased 1 foot for every foot in height that building is above 35 feet. 2 FAR means the gross floor area of all buildings divided by the building site area. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). 4 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; nonparking areas: minimum 5 percent (also see Section 9.100.050). 5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20. a Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan primary image corridor and major or primary arterials. 150 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT G 9.200.070 Time limits on processing applications. A. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. (Ord. 284 § 1 (Exh. A) (part), 1996) B. Incomplete Application Sunset Provisions. All applications which remain incomplete and inactive for a minimum 6 month period shall have a written 30 day warning notification forwarded to the applicant by means of Certified Mail or similar method. If no action is taken by the applicant regarding the application within 30 days thereafter, the application shall automatically be withdrawn and closed. 151 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 EXHIBIT H 9.200.090 Modifications by applicant. A. Plan Modifications by Applicant. Site Development Permit and Village Use Permit Rplans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision -making authority. (Ord. 284 § 1 (Exh. A) (part), 1996) C. Criteria. Modifications by Applicant shall permit minor changes to an existing or approved Site Development Permit or Village Use Permit. The following criteria constitute minor changes that shall be deemed eligible for Modification by Applicant consideration: 1. Increases in building square footage not to exceed ten percent from the original approval that have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking. 2. Changes, additions, or adjustments to windows, window locations, or window treatments. 3. Changes, substitutions, or adjustments to building materials, roofing materials, screening materials, lighting fixtures, or paving. 4. Changes, additions, or substitutions to existing landscaping, including the removal of turf or water features. 5. Minor adjustments, substitutions, or additions to architectural features such as pilasters, canopies, trellises, shade structures, overhangs, eaves, parapets, cornices, or portions of roof structures that do not result in a_significant effect on the overall aesthetic or architectural style of the building. 6. Changes, substitutions, or adjustments to the approved color palate or material colors. 152 Ordinance 466 Title 9 Amendments Adopted: May 5, 2009 D. Ineligibility. Modifications by Applicant which have been determined by the Planning Director, Planning Commission, or City Council to exceed these standards or constitute a significant change shall require application and approval of an amended Site Development Permit or amended Village Use Permit. 153 `c^sN' 4 4u,Qum fw COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 467 Amending Title 13, Subdivision Regulations, of the La Quinta Municipal Code RECOMMENDATION: Adopt Ordinance No. 467 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On April 21, 2009, the City Council moved to take up Ordinance No. 467 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 467 on first reading. The motion to introduce Ordinance No. 467 carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 154 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 467 on second reading. 2. Do not adopt Ordinance No. 467 on second reading; or 3. Provide staff with alternative direction. Respectf}rlly submitted, Veronica J. NWtecino, CIVIC, City Clerk Approved for submission by: Thomas P. Genovese, City Manager •�•�' 155 ORDINANCE NO. 467 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE, 1.1 ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (13.04.080), 2.) CORRECT THE MANDATORY FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAPS (13.12.130), 3.) SPECIFY THE TIMING OF PARKLAND FEES (13.48.080), AND 4.) CORRECT AND REMOVE OUTDATED GENERAL PLAN POLICY REFERENCES (13.48.090 & 13.48 APPENDIX). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Subdivision Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Subdivision Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`" of March, 2009, hold a duly noticed Public Hearing for review of a Subdivision Text Amendment to establish sunset provisions for inactive and incomplete applications (13.04.080), to correct the mandatory findings of approval for tentative tract maps (13.12.130), to specify the timing of parkland fees (13.48.080), and to correct text and remove an appendix identifying outdated General Plan parkland policies (13.48.090 & an Appendix to 13.48); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 21s` day of April, 2009, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 13, the Subdivision Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "E," on file in the Planning Department. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Subdivision Ordinance Amendment has complied with the requirements of "The 156 Ordinance No. 467 Title 13 Amendments Adopted: May 5, 2009 Page 2 Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 1983-063) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061 (B)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. POSTING. The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5 day of May, 2009, by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None �.:' 157 Ordinance No. 467 Title 13 Amendments Adopted: May 5, 2009 Page 3 DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 158 Ordinance No. 467 Title 13 Amendments Adopted: May 5, 2009 Page 4 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 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. 467 which was introduced at a regular meeting on the 21" day of April 2009, and was adopted at a regular meeting held on the 51h day of May, 2009, 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 No. 2006-1 15. 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, CIVIC, City Clerk City of La Quinta, California 159 Ordinance 467 Title 13 Amendments Adopted: May 5, 2009 EXHIBIT A 13 04 080 Sunset provisions regarding incomplete and inactive subdivision applications. A Incomplete Application Sunset Provisions. All subdivision applications which remain incomplete and inactive for a minimum 6 month period shall have a written 30 day warning notification forwarded to the applicant by means of Certified Mail or similar method. If no action is taken by the applicant regarding the application within 30 days thereafter, the application shall automatically be withdrawn and closed. 160 Ordinance 467 Title 13 Amendments Adopted: May 5, 2009 EXHIBIT B 13.12.130 Mandatory findings of approval. A tentative map shall be approved by the city only if the city makes all of the following findings: A. The proposed map or vesting map is consistent with the city general plan and any applicable specific plans. B. The design or improvement of the proposed subdivision is consistent with the city general plan and any applicable specific plans. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. E. The Elesign of the subdivision OF the proposed *MPFE)Vements aFe not imi(ely to eause substantial enViFenmental damage or substantial! E. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development. I=. The design of the subdivisieR OF type of ifflipl-eveffle.-Is. .-.Fe net likely .hliG health .. ehlems. F. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including but not limited to minimum lot area requirements any other applicable provisions of this code, and the Subdivision Map Act. G. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 161 Ordinance 467 Title 13 Amendments Adopted: May 5, 2009 �� if�:3tltN 13.48,080 Processing procedures. At the time of approval of the tentative map the city shall determine the amount of land to be dedicated er he feel; to be paidOF both. At the time of the filing of the final map the city shall determine the fees to be paid. Dedications of land and in -lieu payments shall be made prior to or concurrently with recordation of the first final map within the tentative map or approval of a waiver of parcel map. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map, based upon the acreage of the phased map and in accordance with the applicable provisions of this chapter. 162 Ordinance 467 Title 13 Amendments Adopted: May 5, 2009 F:7ill]Ill A�7 13.48.090 General plan criteria. The city general plan contains a number of policies on parkland development. Those policies have been compiled and placed in the Parks and Recreation Element of the General Plan an „dix e! eut at the end of th4s 163 Ordinance 467 Title 13 Amendments Adopted May 5, 2009 EXHIBIT E sea WPM r�Tril[SttJ:E11r'Rtl-1►'7Z7etltrR�ETlf�:T-T_RIRiiTd'7T.fLitlTltt�.�17T_7'I.T.TI�I. _ 164 Ordinance 467 Title 13 Amendments Adopted: May 5, 2009 165 T-it(t 4 .fwQumrw COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval of a One -Year Contract Extension with Vintage Associates for Fiscal Year 2009/2010 Park Landscape Maintenance Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension (Contract Change Order No. 6) (Attachment 1) for the Park Landscape Maintenance Services Contract (LMC 2005-09) for Fiscal Year 2009/2010 with Vintage Associates. FISCAL IMPLICATIONS: Appropriations for the Park Landscape Maintenance Services Contract extension will be proposed in the Draft Fiscal Year 2009/2010 budget in Account Nos. 101-3005- 451.34-04 (Parks), 101-7004-431.34-04 (LLD), 101-3004-451.30-96 (Library), and 101-3006-451.34-04 (Museum). CHARTER CITY IMPLICATIONS: The Park Landscape Maintenance Services Contract is funded through the General Fund, the Lighting and Landscape District Fund, and the Library Fund; therefore, prevailing wages are not required for this contract. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded a contract to Steven Burt & Associates, Inc. (now Vintage Associates, Inc.) for the Park Landscape Maintenance Services (LMC 2005-09) in the amount of $320,000. This contract is for a period of one year with a provision allowing the City to extend the contract up to four (4) additional one-year extensions, not to exceed a total contract length of five years. On June 6, 2006, City Council approved the first one-year extension to Vintage Associates for the Park Landscape Maintenance Services. The extension included a 5% increase to maintain the existing parks, and moving the maintenance of the Library, Senior Center, City Hall, and the Adams Park retention basin from the Lighting 166 and Landscape District Contract (LMC 2004-04) to the Park Landscape Maintenance Services (LMC 2005-09). The total cost for the extension was $388,800. On May 1, 2007, City Council approved a second one-year extension to Vintage Associates for the Park Landscape Maintenance Services. The extension included a 5% budget increase and the addition of the Centre Point Park. The total cost for the extension was $433,440. On May 6, 2008, City Council approved a third one-year extension with a 4% increase to Vintage Associates with the addition of landscape maintenance for the Museum in the amount of $6,000 annually for a total contract amount of $456,777. $414,086 is funded from the General Fund, $13,862 is funded from the Library Fund, and $28,829 is funded from the Lighting and Landscape District. Staff is recommending the fourth and final contract extension to Vintage Associates. Vintage is not asking for an increase and will continue maintaining the City park facilities in the annual amount of $456,777. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a one-year contract extension for the Park Landscape Maintenance Services Contract (LMC 2005-09) for Fiscal Year 2009/2010 with Vintage Associates for a total contract amount of $456,777; or 2. Do not approve a one-year contract extension for the Park Landscape Maintenance Services Contract (LMC 2005-09) for Fiscal Year 2008/2009 with Vintage Associates for a total contract amount of $456,777; or 3. Provide staff with alternative direction. Respectfully submitted, �— Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 6 167 CONTRACT: CONTRACTOR: C& O D 4 a" ATTACHMENT 1 CONTRACT CHANGE ORDER NO. 6 PROJECT NO. LMC 2005-09 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 1 *#xxx#x#xx««*x***#x#«««x*x*xxxxxxxx««*N**xxxxxxx«x*xxxxxx*xxxxx«#«#«««««**««*«##«x«**xxxx 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. #x««««xx««xxxxxx«««*x#xxxxx«x««««xxxxxxxxxx#x«««x«xxxx#xxx«xx««x««#««««««««««««««««««««xx DESCRIPTION OF CHANGE -Contract Extension Only Original Contract Amount $320,000 Change Order Nos 1 through 5 $179,215 Add This Change Order No. 6 $0 Revised Contract Total $499,215 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is extended to June 30, 2010. xx**xx#x*x#********##*«*****xx*xxxxx#««*xxx******xx#xx««**xxxx*xxxxxxxxx**«*«x#x«x«««x*x* Submitted By: Approved By: Date: Date: *****xx**xxx«xx***#x*#««««xx***xxxxx*xx#x*xxx*xxx*x*xxxx##xxx«#*«x«#*««x««xx#«x*xxxxxxxxx We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By:_� Contractor: Vintage Associates, Inc. Title: Yes, A,), Date: % /)-00/0 S:\Community Services\Staff Folders\Steve\Parks\Vintage\Vintage CC06.doc 168 /- ��- Qu,w cFM OF iN4'9w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 5, 2009 BUSINESS SESSION: ITEM TITLE: Approval to Appropriate Funding and Award a Contract to Lighting Fence Co., Inc., to CONSENT CALENDAR: '' I Construct the Cove Street Signage Program, Project NSTUDY SESSION: Number 2008-12 PUBLIC HEARING: RECOMMENDATION: Appropriate funding in the amount of $178,000 from unallocated General Fund Reserve Funds, account 101-0000.290-00.00, and award a contract, in the amount of $207,328, to Lighting Fence Co., Inc., to construct the Cove Street Signage Program for bid, Project Number 2008-12. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2008/2009. Funds in the amount of $50,000 (Account Number 101- 7003-431 .56-46) are available for this work. The scope of the original project only included standard sign replacement on existing poles therefore a budget appropriation is necessary. On March 17, 2009, staff advised the City Council that the estimated cost to install 576 street signs within the Cove would cost approximately $218,477. Sealed bids were received for the project on April 22, 2009. The Lightning Fence Co., Inc., provided the lowest responsive bid in the amount of $207,328. Considering the low bid in the amount of $207,328, the following is the recommended project budget: Construction: $207,328 Contingency: $20,672 Total: $228,000 Therefore a budget shortfall of $178,000 exists. 169 CHARTER CITY IMPLICATIONS: None. As recommended this project will be 100% funded with locally generated revenue. BACKGROUND AND OVERVIEW: On July 15, 2008, the City instituted the Cove Area Street Sign Demonstration Project and installed new 9" reflective street signs along Calle Nogales in the La Quinta Cove. The new larger high -reflectivity signs were placed on both new posts at the center of the curb returns and on the existing stop sign posts. Feedback from the Cove residents was almost entirely positive with the majority of responses favoring the new posts at the center of the curb return. On September 16, 2008, City Council agreed to the sign placement at the center of the curb returns on new signposts and directed staff to come back with various sign color and seal options at a future meeting. On December 2, 2008, the City Council selected the sign type and color and directed staff to proceed with replacing the existing street name signs in the Cove Area. On March 17, 2009, the City Council approved the project specifications and bid documents and authorized staff to advertise the Cove Street Signage Program for bid, Project Number 2008-12. On April 22, 2009, five (5) sealed bids were received for the construction of this project. Lightning Fence Co., Inc., submitted the lowest responsive combined bid in the amount of $207,328. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. At the time of the bid opening, it was discovered that Lightning Fence Co., Inc., did not acknowledge Addendum Number 2 issued by the City on April 20, 2009. A bid protest letter was received from Prestige Striping Services Inc. on April 28, 2009 on this issue (Attachment 2)• Staff discussed this matter with the City Attorney and determined that the omission of the required acknowledgment did not materially affect the bid. The bid irregularity has been waived in accordance with the project specifications. Contingent upon City Council authorization to award a construction contact on May 5, 2009, the following is the proposed project schedule: City Council Awards Construction Contract May 5, 2009 Construction (80 days) May — July 2009 Accept Improvements August 2009 " 170 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate funding in the amount of $178,000 from unallocated General Fund Reserve Funds, account 101-0000.290-00.00, and award a contract, in the amount of $207,328, to Lighting Fence Co., Inc., to construct the Cove Street Signage Program for bid, Project Number 2008-12; or 2. Do not appropriate funding in the amount of $178,000 from unallocated General Fund Reserve Funds, account 101-0000.290-00.00, and do not award a contract, in the amount of $207,328, to Lighting Fence Co., Inc., to construct the Cove Street Signage Program for bid, Project Number 2008-12; or 3. Provide staff with alternative direction. Respectfully submitted, Gmothy R. na s P.E. Public Wo s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 171 CITY OF LA OUINTA COVE STREET SIGNAGE PROGRAM PROJECT 2008-12 BID COMPARISON SUMMARY FAT araN:ri•,r=M N f- ri ENGINEER'S ESTIMATE Lightning Fence Co., Inc. Prestige Striping Services, Inc. PCI JP Striping, Inc. Chrisp Company ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE LASE BID AREA 1 1 Mobihnnon 1 LS $10,000.00 SIO ' 000.00 $2500.00 $250000 S50000 $50000 $828000 $828000 $11,520.00 $11,52000 $1500000 EI50000 2 Traffic Control 1 LS $5,00000 $5,00200 $1500.00 $1,5000 $50000 $500.00 $1400000 $140000 $5000.00 $50000 $1500000 $15000.0 3 576 EA E35500 $204480.00 $353.00 $20332800 $36840 $2121984 $39400 $2269440 $440.00 $253440.0 $43000 $2476800 COTAL BASE BID ITEMS 1-3: 5279480.0 $20728.0 $213198.4 $249224.00 $269960.0 $277680.00 4/28/2009 Tim Jonasson City of La Quinta PO Box 1504 La Quinta, 92247 Subject: Bid Protest Dear Tim Jonasson, I am writing as a formal protest to the bid opening dated April 22nd, 2009 for the Cove Street Signage Project, Project # 2008-12. We feel as though the low bidder should be listed as non -responsive. In their bid, they failed to note addendum two which was sent 2 days prior to the bid opening. The addendum is very clear and I quote: "The Contractor is hereby notified" Addendum No. 2 must be acknowledged as stipulated under the instructions to Bidders and submitted as part of the bid. Failure to do so shall result in the City designating said bid as Non - Responsive." (Bold type and underlining added for clarity) I feel as there is no ambiguity or room for interpretation. The fact is the addendum was not noted in the paperwork of the low bidder. The city must than find the bidder non- responsive and immediately look to the next responsive bidder. Please see the attached addenda 1 and 2 and the Section 1200 of the bid where these are to be noted. If the low bidder is not found non responsive we feel there in no alternative than to file a grievance with the Center for Contract Compliance. I hope it does not come to this but I feel there is no alternative. I look forward to hearing from you at your earliest convenience. Sincerel Sabas Trujillo President 1054 Railroad St, Corona, CA 92882 •...� 173 S OF TtI�O COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval to Award a Contract to Valley Slurry Seal to Construct the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-1 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract, in the amount of $1,049,350, to Valley Slurry Seal to construct the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008- 11. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2008-2009. Funds in the amount of $1,781,107 (Account Number 101- 7003-431.34-04) are available for this work. Valley Slurry Seal submitted the lowest responsive bid, in the amount of $1,049,350 for this work. Adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. The project is funded with 100% locally generated revenue. BACKGROUND AND OVERVIEW: In 2003, the City Council directed staff to implement an annual pavement Preservation and Maintenance Program (PMP) maintaining an average Pavement Condition Index (PC]) rating of 80 or better. 1l4 The PMP is a citywide survey that provides a current inventory of the City's streets, along with an analysis of the existing condition and preservation recommendations. The PMP was last updated in November 2007. This year's project will slurry seal just under 4 million square feet of street surface and restripe the streets after the slurry seal is applied. On March 17, 2009, the City Council approved the project specifications and bid documents and authorized staff to advertise the Fiscal year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-11 . On April 22, 2009, six (6) sealed bids were received for the construction of this project. Valley Slurry Seal submitted the lowest responsive bid in the amount of $1,049,350. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. As illustrated within the attached bid comparison summary, Roy Allan Slurry submitted the lowest "apparent" bid, in the amount of $1,020,260, at the time of bid opening. Following review of the bid by staff and the City Attorney, it was determined that Roy Allan Slurry Seal submitted an incomplete bid which was determined to be non- responsive, because the contractor failed to include a price for Additive Alternate No. 2. Contingent upon City Council authorization to award a construction contact on May 5, 2009, the following is the proposed project schedule: City Council Awards Construction Contract May 5, 2009 Construction (30 days) May — June 2009 Accept Improvements July 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract, in the amount of $1,049,350, to Valley Slurry Seal to construct the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-11; or 2. Do not approve a contract, in the amount of $1,049,350, Valley Slurry Seal to construct the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-11; or 3. Provide staff with alternative direction. 175 Respectfully submitted, T mothy R. as P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 176 OF LA NTA FY 08109 SLURRY I EALft STIRIPING PROGRAM ATTACHMENT 1 r— PROJECT 200&11 BID COMPARISON SUMMARY R-S ENGINEER'S ESTIAATE ITEM NO DESCRIPTION WY UNIT UNRPRICE EXTENDED PRICE Roy Allan Slurry Seal UNIT PRICE E ENDED PRICE Pavement Coairt, UNIT PRICE EXCENDFD PRIC Valley Slott, Sul UNIT PRICE E%PEREICDEED Bond Blacktop UNIT PRICE EXTENDED MCI Americo A4Phdt South UNIT PRICE EXTENDED PRIG WarmountaI. 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COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Approval to Distribute a Request for Proposals for the La Quinta General Plan Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve the Request for Proposals (RFP) for the preparation of the General Plan update. FISCAL IMPLICATIONS: Funding for this update has been set aside in several previous budgets including in the 2008-2009 Budget (101-6001-463.32-10). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: La Quinta has passed through a period of extensive growth since the adoption of the current General Plan in 2002. The community appears to now be transitioning into a more settled pattern of development with the potential for different goals and priorities than what was envisioned under the current General Plan. In addition, the State has passed a number of bills since 2002 that require cities to adopt new policies and set new goals in their General Plans, such as the greenhouse gas emission reductions imposed under AB32. With the General Plan being one of if not the most important policy documents within a community, it is imperative that the goals, policies, and objectives reflect the current conditions and priorities of the City. In order to achieve this, the Planning Department is seeking to hire a consulting team to assist the City in preparing an updated General Plan and Environmental Impact Report (EIR) that takes into account the recent growth JIB and future direction of the community, as well as all of the new legislative requirements. As the General Plan update process is an extensive undertaking, certain responsibilities will be shared between staff (which will include multiple city departments) and the chosen consulting team. While the consulting team will take the lead in preparing and editing the majority of the content of the General Plan, City staff will take the lead in conducting public outreach and preparing certain elements such as Parks and Recreation and Open Space. Two key objectives for City staff taking a lead role managing public outreach and preparing content for certain elements are to reduce consulting costs as well as to take advantage of available staff resources. Staff estimates the entire update process to take approximately eighteen months to complete from the time a contract is established with the chosen consulting team. The consultant selection process will follow the procedures as set forth in the La Quinta Municipal Code. This will involve establishing a selection committee, reviewing all proposals submitted, negotiating a contract with the consultant and concluded with final contract approval by the City Council. The City Manager intends to appoint a Selection Committee consisting of the following members: Doug Evans — Assistant City Manager — Development Services Les Johnson — Planning Director David Sawyer — Planning Manager Andrew Mogensen — Principal Planner Tim Jonasson — Public Works Director Edie Hylton — Community Services Director If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Request for Proposals for the General Plan update; or 2. Do not approve the Request for Proposals for the General Plan update; or 3. Provide staff with alternative direction. 1.7 9 Approved for submission by: Thomas P. Genovese City Manager Attachment: 1 . Request for Proposals Iwo ATTACHMENT 1 REQUEST FOR PROPOSALS FOR THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT City of La Quinta P.O. Box 1504 La Quinta, CA. 92247-1504 (760) 777-7125 181 City Characteristics The City of La Quinta is situated approximately 150 miles northeast of San Diego and 130 miles east of Los Angeles at the foot of the San Jacinto and Santa Rosa Mountains in the Coachella Valley. The history of La Quinta dates back almost a century, when a small village took shape around the historic La Quinta Resort. The City was incorporated in 1982 with approximately 5,000 residents and has grown to over 43,000 residents today, experiencing a 7.8% average annual growth rate from 2000 to 2008. In recent years, the City has experienced rapid growth in its commercial sector along Highway 111 and renewed development in the downtown Village District. The 35 square mile community is a popular golf destination with over 23 golf courses and is home to PGA West and the Bob Hope Chrysler Classic Golf Tournament. Many seasonal residents and tourists come to enjoy La Quinta's extremely mild winters and desert climate. General Plan Update Background The current General Plan and Master Environmental Assessment were adopted on March 20, 2002, with the exception of the separate Housing Element, which was adopted on November 2, 2004. The current General Plan contains 8 elements: Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, Infrastructure and Public Services, Environmental Hazards, and Cultural Resources. The City is currently in the process of updating the Housing Element, which will not be a part of this General Plan update. While the Housing Element will not be updated as part of this program, it is a functional component of the General Plan and internal consistency must be maintained. Summary of La Quinta's Master Plans and Special Studies Plan, Study, or Bulletin Department Date Comments Community Services Community May 2007 Service assessment with Master Plan Services findin s, recommendations La Quinta Cove Hiking Community June Assessment of hiking trails Trails Assessment Services 2008 in & around Cove District Development Public Works August Public Works procedures Engineering Handbook 2007 and methodology Public Works Public Works Various Standards for plan and Engineering Bulletin Dates study preparation Traffic Signal Master Public Works June Planned and proposed Plan 2008 signalization/interconnection Village Parking Study Planning October Parking survey & strategies 2006 for development Economic Development City Manager April Business plan with analysis Plan 2009 of assets and needs 4-30-09 DRAFT 182 Village Design Planning July 1998 Standards for Village Guidelines Commercial Zoning District La Quinta Cove Design Planning July 1998 Standards for Cove Guidelines Residential Zoning District Highway 111 Corridor Planning October Standards for Highway 111 Design Guidelines 1997 Commercial Corridor '08-'09 Financial City Manager Feb 2009 Current and pro -rated 5 year Management Review expenditures and revenues '09210 City Marketing City Manager April Annual marketing plan and Plan 2009 strategy for the City Fiscal Impact Analysis City Manager/ September Sample fiscal analysis for — The Enclave Planning 2005 Sphere of Influence proposal Project Objectives As a key objective of this update process, the City of La Quinta is interested in preparing a user friendly and easily accessible General Plan and Environmental Impact Report (EIR) that takes into account the recent growth and direction of the community, as well as legislative requirements. The City is requesting proposals from qualified planning consulting firms with extensive experience in preparing general plans and environmental impact reports. The update must include easy -to -read maps and graphics and user-friendly content that can be conveniently referenced and readily updated in the future. Options for combining certain elements or creating new elements shall be explored. The City is interested in incorporating its Green and Sustainable policies and programs into a new element to include objectives of environmental sustainability, greenhouse gas reduction, and resource conservation. The City's Economic Development Plan shall also be used to create a new element which will focus on goals, policies, and objectives that will shape and direct new business opportunities and job growth for the City. It is in the interest of the City and the public to reduce unnecessary expenses and streamline services. Extravagant or untested methods of outreach, methodology, publication, or presentation in the General Plan update are discouraged. Applicants are encouraged to consider creative ways to provide a quality product through efficient and practical means. It is desirable that this project be completed in a timely, efficient, and expeditious manner, but should in no event exceed 18 months from an official receipt of a Notice to Proceed. 4-30-09 DRAFT 183 Scope of Work The following information provides initial concepts to help guide the consultants in the general scope of work envisioned by the City. However, consultants are encouraged to provide alternative ideas, programs, formats, and suggestions throughout the proposal, based on their experience with other projects. The essential factor is to produce a process and a document that achieves meaningful results for the long term. 1. Community Participation It is in the interest of the City of La Quinta to have a wide -reaching, inclusive, and informative community participation program. It is also in the interest of the City to have staff members and community volunteers take the lead in organizing, hosting, and facilitating community participation and input in the General Plan update. The role of the consulting team shall be to assist and advise staff as well as to be a resource to elected and appointed officials, and to monitor the direction and outcome of the public review process. The community participation process will include three workshops; 1) an introductory public workshop, 2) a mid-term workshop that serves as follow-up to the introductory workshop, and 3) a final workshop for the presentation and discussion of alternatives. In addition, the process will also include participation from appointed and elected officials via workshops with the Planning Commission and City Council. The consulting team shall assist staff and volunteers with the preparation of materials for workshops and visioning sessions, including the production of any relevant maps, charts, display material, or handouts. City staff will be responsible for scheduling, coordination, noticing, facilities, set-up, and general meeting facilitation during the events. A member of the consulting team shall attend all workshops to assist and advise staff in their meeting facilitation and to record and relay the findings and direction of the workshops to the remainder of the consulting team. While City staff will take the lead with community participation, the consultant shall serve in an advisory and observational capacity and assist as directed. The consulting team shall assist staff with the preparation and submittal of informational and educational content regarding the ongoing General Plan update for the City newsletter, website, and any other public outreach method utilized. Submittal dates for content shall coincide with milestone events, workshops, and public hearings. Informational content shall be comprehensible to those unfamiliar with technical planning terminology and avoid the use of acronyms. 4-30-09 DRAFT II. General Plan Elements The City looks forward to the consultant's professional guidance on organizing the General Plan in an innovative way which presents information in a useful format. However, all elements, whether combined or individual, shall meet the requirements set forth in the State of California Government Code and California General Plan Guidelines (2003) for each element. The elements may be combined in one of the ways referenced in the Guidelines. The proposed scope of work needs to address the following topics, either in the format below, or in a suggested modified or combined format. Any information provided under the element titles below pertains to an explanation of special tasks or topic areas that need to be included, and is provided as an aid to the consultant. It is incumbent upon the consultant to include a detailed scope of work and breakdown of tasks for each element, based upon the requirements in the state guidelines, the current General Plan, master plans, special studies, and knowledge of the community. Unless otherwise determined by the City, all elements and topics within the General Plan shall address both the City and current planning area boundaries including existing Spheres of Influence. Depending upon the topic, the information and policies may differ or be more general for the sphere areas, and thus, might best be addressed as a subsection within each element. Each element shall also contain the following minimum components: ✓ A Background Summary (detailed information shall be in separate technical appendices) ✓ Goals ✓ Policies ✓ Programs, Objectives, Implementation, or Action Plans ✓ Supporting maps, diagrams, and charts General Plan Contents 1. A Vision for La Quinta: 2010-2035 (Overview or Executive Summary) 2. Land Use and Development Element • Land use • Redevelopment areas • Special area strategies: o Village District o Cove Residential District o Highway 111 Corridor • Specific Plans within the City 4-30-09 DRAFT 185 • Managed growth concepts and strategies (in relation to potential Sphere of Influence annexations) • Sustainable development concepts • Community design • Land use alternatives • Special study areas (Highway 111, La Quinta Cove, Village District) • Planning areas • Spheres of Influence 3. Circulation Element This would include an update of the City's traffic model (see the Sub - Consultants section), as well as the following topic areas: • Streets & roadway classifications • Image corridors • Non -motorized master plan (including bicycle routes and multi -purpose trails) • Golf cart paths/neighborhood electric vehicles master plan • Congestion management & traffic calming plans • SB 375 planning initiatives • Creative traffic routing/shopping traffic management 4. Open Space Element (To be prepared by staff or combined with another element) Staff will update the text of the existing element and provide content for editing to the consulting team. In turn, the consulting team shall advise and assist staff with the following exhibits for the element: • Hillside preservation • Scenic resources • Agricultural resources • Dry streambed and major drainage areas • Alluvial fan areas • Coachella Valley Multi -Species Habitat Conservation Plan implications • Groundwater resources 5. Parks & Recreation Element (To be prepared by City staff) This would involve staff updating the text of the existing element and provide content for editing to the consulting team. The update will include preliminary parks and recreation planning for the sphere area. The consulting 4-30-09 DRAFT 186 0 7 L team shall advise and assist staff with the preparation of any pertinent exhibits including the following: • Parks, recreation, and wilderness areas • Walking, hiking, and off -road class 1 biking trails • Recreational facilities Environmental Hazards Element This element would include addressing the following topic areas: • Storm water & flood control (including major drainage and alluvial fan areas) • Wind and erosion hazards • Seismic hazards including liquefaction • Subsidence and expansive soils hazards • Noise I • Air Quality • Disaster and Emergency Preparedness Public Services Element This element would include addressing the following topic areas: • Police • Fire • Solid & hazardous waste management • Utility services • Library • Schools • City government services Natural, Cultural, and Historic Resources Element This element would include addressing the following topic areas: • Coachella Valley Multi -Species Habitat species and habitat resource areas • Historic resources • Landmarks and places of interest • Cultural resources • Tribal relations and consultation • Paleontological resources 4-30-09 DRAFT Conservation Plan/endangered 187 9. Sustainability Element To be a new element that identifies goals, policies, and objectives that contribute to greenhouse gas reduction measures, resource and energy conservation, waste diversion, trip count and commuting distance reductions, walkable and pedestrian -oriented development, building material waste reduction, green construction methods, water -efficient landscaping, stormwater harvesting, and desert -appropriate site design. The sustainability element shall strive to achieve the objectives of AB 32 and SB 375. Although the General Plan shall contain a stand-alone sustainability element, themes of sustainability shall be interwoven throughout the General Plan. 10. Economic Development Element To be a new element which will focus on goals, policies, and objectives that will shape and direct new business opportunities and job growth. This element shall be formulated and implemented in conjunction with the Fiscal Analysis. 11. General Plan Administration & Compliance This section would include procedural information regarding updating and amending the General Plan, as well as annual reports required to be submitted to the City Council and the State. This section shall include an internal consistency matrix, an explanation of the plan preparation process, and explanation of how the plan is in compliance with state requirements. This section will include information regarding interpreting the plan, a table of amendments, and a detailed glossary of terms used in the plan. III. Implementation Measures/Monitoring Program The consultant shall develop recommended implementation measures appropriate for each element. The implementation program should include target time frames for when improvements, services, facilities, etc., are needed to be in place. Recommendations shall be developed for a monitoring system designed to ensure accomplishment of the General Plan goals. An environmental mitigation monitoring program shall be demonstrated. The monitoring program shall be provided as a portion of the EIR and integrated into the General Plan implementation program as appropriate. IV. Greenhouse Gases Reduction Plan In response to recent measures such as AB 32 and SB 375, the City is seeking to formulate and implement a Greenhouse Gases (GHG) Reduction Plan through the General Plan update. A preliminary GHG Reduction Plan would be prepared in 4-30-09 DRAFT conjunction with the General Plan update process and become a final plan as the update process concludes. The plan may also be considered for incorporation into the Sustainability Element. The preparation of this plan will involve the formulation of a baseline for emissions and an action plan for achieving compliance with AB 32 emissions reductions. The final document will serve as an appendix to the General Plan and shall reflect the goals, policies, and objectives of the General Plan. This GHG Reduction Plan will serve as a guide to help the City of La Quinta meet or exceed target GHG reductions and pursue future work plans with the objective of conserving resources and further abating global warming. V. Environmental Impact Report The General Plan will need to be accompanied by a comprehensive Environmental Impact Report (EIR) prepared in accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA). The EIR will be subject to the same level of review and direction that will be applied to the General Plan. The consultant shall be responsible for all procedural steps, including the preparation of the Initial Study, Notice of Preparation, Draft EIR, Notice of Completion, Final EIR and Responses to Comments, Findings and any necessary Statement of Overriding Considerations, and Notice of Determination. The consultant shall also be responsible for scheduling, noticing, mailing, and filing, as well as conducting scoping meetings. The environmental assessment shall be conducted as an integral part of the overall General Plan update process. The timeframe for preparation of both documents shall be concurrent so that information collection, preparation, analysis, and presentation can be used for both documents together. The consulting team shall seek to identify potential environmental issues early in the process. The development of mitigation measures shall be concurrent with the preparation of the General Plan so that they may be converted into General Plan Programs, Objectives, Implementations, or Action Plans where appropriate, so that the General Plan can serve as self -mitigating to the extent possible. It is anticipated that certification of this document will provide a baseline database and threshold for project evaluation. The EIR shall contain analysis and maps of environmental constraints including habitat maps, hazard areas, traffic, noise contour maps, etc. 4-30-09 DRAFT � �� VI. Fiscal Analysis This task would involve the preparation of a general fiscal benefit and cost analysis to determine the overall fiscal implications of build -out under the proposed land use plan and alternatives. The goal of the study would be to help ensure the long- termfinancial health of the City, while providing the necessary levels of service required to support the population. The study should address the existing city territory separately from the Planning Areas and Spheres of Influence. It is understood that at this level of analysis, the assumptions and data will be generalized. A preliminary study evaluating the fiscal feasibility of the existing land uses in the sphere is currently underway, and can also be used as a source of data for the analysis. The study should also identify any new fiscal tools, policies and procedures that might be available to assist the City in achieving its infrastructure and service needs, and promoting its economic strategy over the long term. VII. Sub -Consultants As traffic and economic development are areas of high concern, there will be sensitivity to the choices of traffic and fiscal consultants. Currently, the City has many projects being analyzed and work performed by various consultants with whom the City has developed a working relationship. We believe these consultants are familiar with the City and understand the sensitivities and constraints presented. Traffic consultants must be able to run a TransCAD compatible traffic model. Economic consultants must have past knowledge and experience preparing fiscal benefit and cost analyses with the City. Therefore, the City reserves the right following the interview process to request a specific traffic and economic consultant to be on the selected consulting team. Vill. The Role of the City Direction and oversight of the General Plan process will be provided by the City of La Quinta's Planning Department. Policy review will be guided by a General Plan Steering Committee (GPSC) to be comprised of community members selected by the City Council. In addition, an advisory group (Technical Advisory Committee ITACI or similar) comprised of representatives of each department will be made available to provide information and review for the various elements. City staff will take a lead role in the management, public outreach and processing of the General Plan Update. The City believes that its staff is most familiar with the day-to-day issues faced in La Quinta and recognizes that the staff will be responsible for implementing and working with the General Plan long after its preparation and adoption. Additionally, the staff will utilize this familiarity with the City and community to develop the base land use maps which will be used as background information by the consultant. 4-30-09 DRAFT 190 The proposal shall incorporate specific aspects of City staff involvement in the General Plan program including the following: • Close coordination between staff and the consultant to develop the draft General Plan; the scope of work must set aside sufficient time for meetings and work sessions with staff. It is generally not desired that the consultant prepare large increments of work product independently for presentation to the City unless specifically directed by the City staff to do so. The proposal should clearly describe the approach to working with City staff and the amount of coordination/response time anticipated. • City staff will review and refine draft written materials generated by the consultant. • City staff will prepare content for the Open Space and Parks and Recreation elements and provide such content to the consultant. The consultant shall in turn be responsible for the editing, formatting and incorporating of said content, along with the preparation of any pertinent exhibits. • City staff will actively participate with a member of the consulting team in the presentation of material in all public forums, workshops, meetings and hearings, in accord with the Community Participation section. IX. Scope of Cooperation The consulting team will be expected to consult, coordinate, and file all necessary documentation with all appropriate governmental agencies at federal, state, regional, and local levels as deemed pertinent to the preparation of the General Plan. A high level of coordination is expected between neighboring cities, Riverside County, and the Coachella Valley Association of Governments (CVAG). The consulting team shall serve as the primary researcher, writer, and master editor of the update and shall be responsible for preparation of all map exhibits. While the consulting team shall be responsible for the majority of the content, editing, and preparation of the overall document, City staff shall assist the consulting team by preparing and providing those portions of the General Plan that may not necessitate updating and will carry over into the updated General Plan, including the Open Space and Parks and Recreation element. The selected applicant will be provided with appropriate documentation of applicable zoning ordinances, design manuals, master plans, special studies, digital aerial photos, existing GIS shape files, maps, and site plans, including a copy of the 2002 General Plan and Environmental Impact Report. Most of these documents are currently available from Document Central on the City's website at www.la- quinta.org. Site plans, conditions of approval, engineering plans, tract maps, and 4-30-09 DRAFT 191 landscaping plans from individual projects are all available for download online. Staff shall provide the consulting team with assistance and information as deemed necessary. Document Format and Deliverables It is the responsibility of the consulting team to provide first draft (initial), second draft (administrative draft), third draft (public review), and fourth adopted or final versions of the General Plan and Environmental Impact Report. In order to reduce printing costs, all documents will be primarily distributed on CD-ROM. All deliverables and work produced by the consulting team for the General Plan update, whether in hard copy or electronic form, is public record and the property of City, and may be freely copied, modified, and distributed. Electronic Format All documentation shall be submitted to the City in both Microsoft Word 2003 (or newer) and Portable Document Format (.pdf). Administrative Draft and later versions shall include a "redline" copy which identifies any changes or deletions from the previous version. The draft and final General Plan and Environmental Impact Report will be distributed for comments on CD-ROM in PDF format and made available for download from the City website. The consulting team shall be responsible for providing copies of all documents on CD-ROM for review and distribution. City staff shall be responsible for the cost of mailing and distributing the disks for public and agency comments. II. Print Format A minimum of 50 printed copies in a loose-leaf binder format and one reproduction copy (un-punched) shall be provided for the third draft (public review) and final (adopted) versions. These printed versions shall be used by appointed and elected officials, department heads, and permanent file reference. Printed copies of the General Plan and EIR shall be placed in three-ring binders on standard 8.5"x11" pages. The documents shall not contain oversized or fold -out pages, complicated notations or footnotes, small -font text, or extensively detailed maps and graphics. All printed page sizes, graphics, indexes, text, and fonts shall be uniform and a 1 " margin shall be provided around each page. Ill. Cartography The team shall prepare all mapping exhibits in ArcView (version 9.1 minimum) .mxd files with separate shapefiles for each individual layer produced. Files shall be 4-30-09 DRAFT 192 saved and organized in a folder structure that is easily accessible and transferrable to City GIS workstations for future updating. All final map exhibits will be made downloadable and printable from the City's website in .pdf format. Currently, the City has base maps consisting of city boundaries, roadways, parcels, zoning, and General Plan land use categories plotted on the system. The proposal should include mapping of environmental constraints, land use alternatives for the Sphere of Influence, and other layers as determined necessary. IV. Graphics and Tables The consulting team shall provide staff with a digital copy of all updated and completed tables and graphic display work. V. File Formats The consultant shall provide the City with a modifiable/unlocked copy of all digital files used in the creation of the documents, including any .jpg, .mxd, .pdf, Microsoft Office, or other file formats on CD, DVD, or USB flash drive. Documents intended for email or download from the website shall not exceed 5MB in size (due to internal server limitations) and shall be separated into multiple volumes for easy transmittal. Proposed Schedule Proposals must contain an estimated time schedule of actions covering the entire process for updating the General Plan and preparing the Environmental Impact Report, including public outreach sessions, review periods, deliverable dates, and noticing periods. Each action item must identify the applicable document, its action dates and responsible parties. The Planning Commission meets on the second and fourth Tuesdays of each month. The City Council meets on the first and third Tuesdays of each month. It is expected that the update process will be completed within 18 months of contract approval. Qualifications of the Consulting Team The team shall demonstrate that it possesses the following qualifications: ➢ Extensive experience in managing demonstrated experience of having updates for similar communities; General Plan projects, including successfully completed general plan ➢ The project team consists of capable professionals with all disciplines needed for the job, having adequate resources to successfully complete the project 4-30-09 DRAFT 193 in a timely manner, including a specific commitment as to the time each team member can allocate to the project; ➢ Demonstrated experience developing or assisting with effective public outreach and education programs, and facilitating public workshops and study sessions; ➢ The ability to collaborate with staff in a responsive and cooperative manner, highlighting examples of similar situations; ➢ Sensitivity to the interest of the public and local businesses; ➢ Sensitivity to unique environmental and economic characteristics; ➢ Foresight with project management under time restraints or public controversy; ➢ Demonstrated experience in working with City decision -makers, staff, business owners, and the public. The consultant team will be expected to perform efficient, responsible, and professional work in research, compilation of data, analysis, studies, cartography and GIS, graphics design and preparation, and environmental review procedures as required by California law. The consultant team will be expected to be knowledgeable of local and state legislation that affect the General Plan and EIR, including, but not limited to, AB 32, SB 375, SB 97, SB 18, and the Coachella Valley Multi -Species Habitat Conservation Plan. Because it is recognized that a variety of disciplines are necessary to undertake the project, the City assumes that the consultant team may consist of one or more sub -contractors. In any case, the consulting team must effectively work together as a cohesive group lead by a responsible and experienced project manager. Evaluation and Selection Process Proposals received by the deadline will be reviewed by a Selection Committee comprised of City staff and advisors. The Committee will rate their selection based upon the materials submitted in each Work Proposal according to the following criteria: ➢ Knowledge and familiarity with the community and local issues, including county and regional transportation plans, regional air quality programs, and the Coachella Valley Multi -Species Habitat Conservation Plan ➢ Understanding of the scope of work 4-30-09 DRAFT 194 ➢ Responsiveness to the General Plan RFP, including thoroughness, adequacy, clarity, and quality of information provided ➢ Method of approach, both creative and analytical ➢ Ability to comply with the proposed performance schedule ➢ Experiences, qualifications, and resources of the firm, including experience and outcome with general plan updates in similar communities ➢ Overall impressions Interviews will be held with the top rated firms. Based on the total evaluation process, the Selection Committee will recommend one firm (and an alternate) to the City Council. The City will then enter into a contract with the firm selected by City Council to complete the project. Submittal All proposals must be received by the Planning Department no later than 4:00 P.M. on Tuesday, June 23, 2009. All proposals submitted shall, at a minimum, contain the following information and materials in the following format: Work Proposal (Envelope 1) Submit five (5) copies of a General Plan Work Proposal, limited to a maximum of thirty (30) pages. Please do not include pre -prepared stock promotional or marketing materials, brochures, or fliers in the Work Proposal. Work Proposals shall, at a minimum, consist of the following information: Cover Letter a.) Name, address, email, and phone number of the contact person for the remainder of the selection process. b.) Any qualifying statements or comments regarding the proposal and the firm's capability, relevant to the information provided in the RFP. c.) Identification of any sub -contractors and their responsibilities. 2. Statement of Qualifications a.) Names and qualifications of all project team members and sub- contractors and their assignments for the project. Those named must be those who will participate in the project if selected. b.) List of references reflecting previous experience in similar projects. c.) Resume of the project manager and all project team members who will work on the project. 4-30-09 DRAFT 195 3. Project Understanding and Approach a.) A description of the team's understanding of the project and how the consulting team will approach project development. b.) Provide examples or samples of general plan development from comparable cities, including approach, organization, and design. 4. Scope of Work a.) A discussion of the method of approach, analysis, and skills provided. b.) A description of the tasks, sub tasks, and specific deliverables that will be provided, including a conceptual timeframe with milestones. c.) A clear identification of cooperation and responsibilities between the consulting team and City staff. d.) Any other pertinent information deemed appropriate by the applicant. Cost Proposal (Envelope 2) The applicant is to submit a detailed cost proposal for all services and materials including the firm's direct and indirect rate (with overhead). Personnel hours and extended billing rates per classification of personnel shall be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursements included within the cost proposal. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Selection Committee and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with 4-30-09 DRAFT 196 specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. All proposals must be received by the Planning Department by no later than 4:00 p.m. on Tuesday, June 23rd, 2009 All questions regarding this request for proposals shall be directed to: Andrew J. Mogensen AICP, Principal Planner Phone: (760) 777-7125 / Email: amogensen@la-quinta.org All proposals shall be forwarded to: Les Johnson, Planning Director, City of La Quinta P.O. Box 1504 / 78-495 Calle Tampico La Quinta, CA 92247-1504 4-30-09 DRAFT 197 `tea 4 XfvQuiArw COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Consideration of 4" Quarter Community Services Grants and Funding Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: An Ad -Hoc Committee received $83,000 in requests for consideration. The Committee is recommending funding up to $25,500 from the $34,510 funds available leaving $9,010 in the Special Project Contingency account (101-3001- 451.80-01) for additional consideration. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: An Ad -Hoc Committee, comprised of Mayor Adolph and Council Member Kirk, reviewed eighteen grant applications from various local organizations. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive fiscal year funding as stated in the City of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive fiscal year funding is for requests for City facility rental fees by non- profit organizations. A summary of all previous Community Services Grant Funding requests and amounts awarded in Fiscal Year 2008/2009 is provided as Attachment 2. The following table summarizes the requests and Ad -Hoc Committee's recommendation for this 41h quarter: Applicant Applied Committee's Recommendation Fellowship of Christian Athletes (FCA) $5,000 $5,000 Shelter from the Storm, Inc. $5,000 $5,000 Tools for Tomorrow, Inc. $5,000 $5,000 L.Q.E.C.O. (La Quinta Entertainment & Cultural Organization) $5,000 $2,500 La Quinta High School WinterGuard $3,000 $2,000 College Of The Desert Foundation $5,000 $1,000 Gems Of The Desert/ City of Hope $5,000 $1,000 La Quinta Rugby Club $5,000 $1,000 Visiting Nurse Association of the Inland Counties (VNAIC) $5,000 $1,000 Virginia Waring International Piano Competition $5,000 $1,000 The National League of American Pen Women (NLAPW) $1,000 $1,000 La Quinta C E R T (Community Emergency Response Team) $5,000 $0 Desert Cancer Foundation $5,000 $0 Healing Horses Therapeutic Riding Center $5,000 $0 Palm Springs Air Museum $5,000 $0 Old Town Artisan Studio, Inc. $5,000 $0 Palm Springs Desert Resorts Restaurant Association, Inc. $2,500 $0 La Quinta Playhouse $6,500 $0 Total $83,000 $25,500 Recommended Grant Requests: Of the eighteen submitted grant requests, the Ad -Hoc Committee has chosen to recommend eleven of these grant requests for City Council consideration: 1. Fellowship of Christian Athletes (FCA) (Attachment 3). The Fellowship of Christian Athletes (FCA) is requesting $5,000 to reimburse their organization for security costs acquired for their FCA Amazing Grace Race. The La Quinta Police Department and the Riverside County Sheriff's Department provided security. All race events started and finished in Old Town La Quinta. Proceeds from the race went toward camp scholarships for local high school students; 5 - 10 students were from La Quinta High School. This organization has never been funded. The Ad -Hoc Committee recommended funding $5,000. 2. Shelter from the Storm, Inc. (Attachment 4). Shelter from the Storm is requesting $5,000 to specifically support the day-to-day operating costs of the Emergency Shelter that are not covered through any other funding source; administrative staff, utilities, maintenance, and insurance are among the costs. In Fiscal Year 2007/2008, the demand for emergency shelter and •• 199 services for victims of domestic violence increased at this agency by an average 28% compared to the previous fiscal year. In 2009, it is projected that an estimated 400 women and children will need the shelter and services provided by this organization. This organization was last funded in Fiscal Year 1997/1998. The Ad -Hoc Committee recommended funding $5,000. 3. Tools for Tomorrow Inc. (Attachment 5). Tools for Tomorrow is requesting $5,000 to partially offset expenses such as teachers, materials and supplies, musical instruments, and snacks. This organization provides a free afterschool integrated arts program to At -Risk school children in grades 3 — 5. Currently, program expenses are paid by the two participating La Quinta schools where the program exists — Adams Elementary and Truman Elementary. Funding would help keep this program running in both schools without having to create an interruption of services. This organization has never been funded. The Ad -Hoc Committee recommended funding $5,000. 4. La Quinta Entertainment & Cultural Organization (L.Q.E.C.O.) (Attachment 6). The La Quinta Entertainment & Cultural Organization is requesting $5,000 to be used toward their scholarship program. All scholarship funding collected will be divided between the Performing Arts & Visual Arts programs at La Quinta High School and the La Quinta Boys & Girls Club Jazz Band. This scholarship funding will be used to serve approximately 1,500 young people in La Quinta. This organization has never been funded. The Ad -Hoc Committee recommended funding $2,500. 5. La Quinta High School WinterGuard (Attachment 7). The La Quinta High School WinterGuard is requesting $3,000 to help meet transportation needs to colorguard competitions during this coming school year. The overall goal for this L.Q.H.S. WinterGuard team is to compete in the Winter Guard International World Championships (WGI). This organization was last funded in Fiscal Year 2006/2007. The Ad -Hoc Committee recommended funding $ 2,000. 6. College Of The Desert Foundation (Attachment 8). The College Of The Desert Foundation is requesting $5,000 to support its "Bridges to Success" program. This is a collaborative effort by the College and valley communities to encourage more young people to consider a college education. This educational program has never been funded. The Ad -Hoc Committee recommended funding $1,000. 7. Gems of the Desert/City of Hope (Attachment 9). The Gems of the Desert/ City of Hope is requesting $5,000 to continue to provide educational programs and materials to the residents of La Quinta regarding the services, latest research, and treatment programs offered at City of Hope. The Gems of the Desert is a group of La Quinta residents who raise funds for cancer research, treatment, and education at the City of Hope. City of Hope was .. 200 last funded in Fiscal Year 1995/1996. The Ad -Hoc Committee recommended funding $1,000. 8. La Quinta Rugby Club (Attachment 10). The La Quinta Rugby Club is requesting $5,000 to fund their transportation needs. They are the only club in their league east of Riverside and half of their scheduled season games are over two hours away. The club fundraises to pay for transportation to games for nearly forty players. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000 based upon the submittal of receipts for transportation costs acquired by the Rugby Club. 9. Visiting Nurse Association of the Inland Counties (VNAIC) (Attachment 11). The Visiting Nurse Association of the Inland Counties is requesting $5,000 to provide charity care to uninsured/underinsured residents of La Quinta. In 2008, VNAIC, a non-profit home health agency, provided 305 patients in La Quinta with 5,062 home health visits. VNAIC also provided 37% of these patients with assistance for their home health costs. This funding is needed in order to continue to provide care to those city residents who need it. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000. 10. Virginia Waring International Piano Competition (Attachment 12). The Virginia Waring International Piano Competition is requesting $5,000 to help defray the costs of the chamber music orchestra and the full college orchestra which accompanied the competition soloists at CSUSB — Palm Desert and at the McCallum Theatre. Categories of competition include traditional orchestra, solo and chamber music rounds for the 18 - 35 Senior Division. This organization was last funded in Fiscal Year 2006/2007. The Ad -Hoc Committee recommended funding $1,000. 11. The National League of American Pen Women (NLAPW) (Attachment 13). The National League of American Pen Women is requesting $1,000 to provide one $1,000 scholarship to a deserving senior graduating from La Quinta High School in 2009 that will be pursuing an education in the Arts — music, art, or writing. Previous recipients of the scholarship have excelled in set design, architecture, journalism, musical composition, web design, and computer graphics. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000 based upon the condition that the City of La Quinta is recognized when awarding the scholarship. Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines include: 1. La Quinta C E R T (Community Emergency Response Team) (Attachment 14). The La Quinta C E R T (Community Emergency Response Team) is requesting $5,000 to purchase a trailer from a local La Quinta business. The 201 trailer would be used to house C E R T equipment and supplies used in emergency and disaster situations and would function as a command post for actual events. This trailer would be donated right back to the City from La Quinta C E R T as La Quinta is among the few that do not have one yet. This organization has never been funded. The Ad -Hoc Committee recommended a C E R T representative attend the City Council meeting to explain and clarify this request. Grant funding would then be considered upon explanation. Staff has contacted Chris Sundlee, La Quinta C E R T's CEO, and invited him to attend the meeting. 2. Desert Cancer Foundation (Attachment 15). The Desert Cancer Foundation is requesting $5,000 to be used for cancer related treatment of local residents. Funding from the City of La Quinta would be solely used to pay for cancer related medical treatment of its residents. In 2008, patient assistance benefits were provided to nine La Quinta residents; in 2009, five of their 196 patients receiving assistance are La Quinta residents. This organization has never been funded. 3. Healing Horses Therapeutic Riding Center (Attachment 16). The Healing Horses Therapeutic Riding Center is requesting $5,000 to assist with paying for its operating costs and to help minimize program co -payments. Healing Horses offers therapeutic horseback riding to special needs children currently ranging in age from 2 years to 25 years old. This organization is the only NARHA (North American Riding for the Handicapped Association) certified center in the Coachella Valley. This organization has never been funded. 4. Palm Springs Air Museum (Attachment 17). The Palm Springs Air Museum is requesting $5,000 to sponsor their Saturday Commemorative Education Program Series and Flight Demonstrations. Each program costs roughly $2,500 which includes the cost of the flight demonstration; the program's average attendance is 300 people. This organization has never been funded. 5. Old Town Artisan Studio, Inc. (Attachment 18). The Old Town Artisan Studio is requesting $5,000 to be used for operations costs, capital equipment, and loan repayment. Funding would also be used to offer instructional scholarships to low-income youth, special needs persons, and low-income seniors. The studio's mission is to provide La Quinta with a place dedicated to artistic expression through the medium of clay. This organization has never been funded. 6. Palm Springs Desert Resorts Restaurant Association, Inc. (Attachment 19) The Palm Springs Desert Resorts Restaurant Association is requesting $2,500 to assist in the promotion and attraction of diners to experience dining in the Coachella Valley. The intent of this organization is to create an event that will attract epicureans to the Coachella Valley in the off season. The City would benefit through increased tax revenue via dining at participating La Quinta restaurants, hotel stays, and the additional tourism. This organization has never been funded. .. 202 7. La Quinta Playhouse (Attachment 20). The La Quinta Playhouse is requesting $6,500 to be earmarked for marketing expenses including maintenance of the Playhouse's website, promotional materials, and other expenses related to the creation of those materials. Fall 2009 begins their fifth season of plays in Old Town La Quinta. This organization was last funded in Fiscal Year 2007/2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding for one or more of the following organizations: Fellowship of Christian Athletes in the amount of $5,000; Shelter from the Storm, Inc. in the amount of $5,000; Tools for Tomorrow, Inc. in the amount of $5,000; L.Q.E.C.O. in the amount of $2,500; La Quinta High School WinterGuard in the amount of $2,000; College Of The Desert Foundation in the amount of $1,000; Gems Of The Desert/ City of Hope in the amount of $1,000; La Quinta Rugby Club in the amount of $1,000; Visiting Nurse Association of the Inland Counties in the amount of $1,000; Virginia Waring International Piano Competition in the amount of $1,000; The National League of American Pen Women in the amount of $1,000. 2. Do not approve funding for one or more of the following organizations: Fellowship of Christian Athletes in the amount of $5,000; Shelter from the Storm, Inc. in the amount of $5,000; Tools for Tomorrow, Inc. in the amount of $5,000; L.Q.E.C.O. in the amount of $2,500; La Quinta High School WinterGuard in the amount of $2,000; College Of The Desert Foundation in the amount of $1,000; Gems Of The Desert/ City of Hope in the amount of $1,000; La Quinta Rugby Club in the amount of $1,000; Visiting Nurse Association of the Inland Counties in the amount of $1,000; Virginia Waring International Piano Competition in the amount of $1,000; The National League of American Pen Women in the amount of $1,000. 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director 203 Attachments Approved for submission by: ho�Genovese, City Manager 1. City of La Quinta Grant Guidelines 2. 2008/2009 Community Services Grant Awards 3. Fellowship of Christian Athletes (FCA) 4. Shelter from the Storm, Inc. 5. Tools for Tomorrow, Inc. 6. L.Q.E.C.O. (La Quinta Entertainment & Cultural Organization) 7. La Quinta High School WinterGuard 8. College Of The Desert Foundation 9. Gems Of The Desert/ City of Hope 10. La Quinta Rugby Club 11. Visiting Nurse Association of the Inland Counties (VNAIC) 12. Virginia Waring International Piano Competition 13. The National League of American Pen Women (NLAPW) 14. La Quinta C E R T (Community Emergency Response Team) 15. Desert Cancer Foundation 16. Healing Horses Therapeutic Riding Center 17. Palm Springs Air Museum 18. Old Town Artisan Studio, Inc. 19. Palm Springs Desert Resorts Restaurant Association, Inc. 20. La Quinta Playhouse 204 ATTACHMENT 1 c ws N OF 71 GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development Grants go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorship Grants go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next fiscal year. Requests are limited to an amount not to exceed $5,000. La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. Grant applications will be considered by City Council at the first City Council meetings in August, November, February, and May of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Typed applications are preferred. 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 City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. 205 2008-2009 COMMUNITY SERVICES GRANT AWARDS ATTACHMENT 2 Available Funding for Grants $100,000 DATE ORGANIZATION AMOUNT REQUESTED AMOUNT FUNDED 8/5/2008 ACT for MS $2,000 $2,000 8/5/2008 Alzheimer's Association $5,000 $2,000 8/5/2008 Boys & Girls Club of C.V. - La Quinta Unit $5,000 $5,000 8/5/2008 Coachella Valley Symphony $5,000 $4,500 8/5/2008 Community Blood Bank $5,000 $5,000 8/5/2008 First Composite Group - General Patton Center $2,000 $2,000 8/5/2008 The Living Desert $5,000 $5,000 8/5/2008 Prestige at PGA West $5,000 $5,000 8/5/2008 Soroptimist International of La Quinta $4,050 $4,050 8/5/2008 Osher Lifelong Learning Institute $3,780 $3,780 8/5/2008 Desert ARC $5,000 $0 8/5/2008 La Quinta Playhouse $6,500 $0 11/4/2008 American Cancer Society $5,000 $2,500 11/4/2008 Ben Franklin Elementary School $5,000 $1,000 11/4/2008 CASA for Riverside County, Inc. $5,000 $1,000 11/4/2008 Desert Cities Pop Warner Football and Cheer $1,160 $1,160 11/4/2008 Eisenhower Medical Center Desert Diabetes Club $5,000 $1,000 11/4/2008 La Quinta High School Debate Team $4,500 $1,000 11/4/2008 La Quinta High School Mock Trial Team $1,000 $1,000 11/4/2008 Palm Springs Cultural Center Farmers Market $5,000 $3,500 11/4/2008 Soldiers Organized Services (SOS) $5,000 $5,000 11/4/2008 City of Palm Springs $1,000 $0 11/4/2008 Desert AIDS Project $5,000 $0 11/4/2008 Palm Springs Women in Film $5,000 $0 2/3/2009 Family YMCA of the Desert $5,000 $5,000 2/3/2009 Family Services of the Desert $5,000 $2,000 2/3/2009 LifeStream Foundation $4,000 $2,000 2/3/2009 La Quinta LongHorns (Youth Baseball) $5,000 $1,000 2/3/2009 ATHA for Loopy Ladies of La Quinta $2,000 1 $0 TOTAL DISTRIBUTED FUNDS REMAINING BALANCE IN SPECIAL PROJECT CONTINGENCY ACCOUNT $65,490 $34,510 ATTACHMENT 3 F � V GSM OF c&t!t 4 4 " GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Fellow CST l 6 Q��'P lF��J Amount Requested: $ Jr: b00, °O Contact Person: Ma,kf CC US Mailing Address: C) • -80,X � � 3co f' City: ELm DO-20 State: Ci, Zip Code: Q 2 2 Home Telephone: 1(0b- ';361- IL022 Work Telephone: 7yc)- g(ol- ILD22. E-mail Address:— CObUS fC� Qorg 501(c)3 Taxpayer I.D. Number: LiL{- 0610 (P 2 io Date Application Submitted: .3 . q - 09 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 207 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support _\ Economic Developmenwmarketing and Sponsorships What is the overall purpose or goal of your 2. How long has your Organization been in existence? Years IQ Months 3. Describe in general the activities or services of your Organization: - - -,ro,u ll edt ayeiI5 . ' 4. How many people does your Organization currently serve? No. of Youth No. of Adults 20 No. of Seniors (KI Ve►'Sic� 5. How many people do you intend to serve during this Fiscal Year? No. of Youth_ No. of Adults_ No. of Seniors 25 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth �— No. of Adults 5 No. of Seniors N' 7. How many paid employees/volunteers does your Organization employ? Full time employees ;�Z Part time employees I Volunteers 504 8. Describe how your Organization is managed and governed: M '*AT Y2 'fit Q A* y ffs. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone � K-LFkC4'F-t,) 10. What is your annual schedule of events, and during what months does your Organization ran _...___mot _ %..... ........_1 1...'k1_ 11A .. .,-. L.All 11. Do you charge admission, membership fees, dues, etc? Yes x No If yes, please describe: 209 12. 13. 14. 15. 16. What are your other sources of revenue for this funding year? Source -BZQCyM Ft7uNpa�ioa Total Needed $ $ Total Received $ 1 3 I� coo Balance $ (109 OM Amount $ 6D17D. v A CD Amount of money requested from the City of La Quinta? $_ Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? Please provide the name and address of the bank in which the Organization's funds are 40.... W Mnht'ps ire_ t-� -b RN Kc,�final 0 Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: MO-4us _ r uW, area dtre-d- - �ontye .emsS. Cal YeAional d,('reQ6r Persons 1 ho CAr\ +16 Area) Purim i fltM5 #1, VCR u� 210 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the reauested funds and how these funds will be used, if awarded. 'rO Q d d reSS gf1-er �111('�`! wl+11 Lc9?,1jct a,,j�ye1crS.dt4-,t4 S�Pf�'F'� rertrs4%C44#J12 c OP5+.rpr-M.{xr Q.fri O.(A�l artJ 4+0 rlc�Jf fr(i �! IC (.p.��r01 d lJll�? W "1 tiro rye A l o1ooalto, 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be 1 A benefited. vSW64 !� M MCRMS i' -4f115 RXp,are �or is 6- o udemts orn L64Wr, O-W()hScJWk �0 5� I�`C0" 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. N A% 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 211 ATTACHMENT 4 . ia�� Q•c a, U Li<i F OFF c&t!t'4 4 Qumrau GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: SHELTER FROM THE STORM, INC. Amount Requested: $ 5 , 000 Contact Person:_ LYNN MORTARTY, EXECUTIVE DIRECTOR Mailing Address: 73555 AlFSiANnRn nRivF City: PALM DESERT State: CA Zip Code: 92260 Home Telephone: (760) 641-OS14 Work Telephone: (76n) 674-ann E-mail Address: lynn@shelterfromthestotm.com 501(c)3 Taxpayer I.D. Number: 330293124 Date Application Submitted: .1ANUARY 91 , 9nna Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 212 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: X Conununity Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose of your Organization? Shelter From The Storm is the first and only provider of emergency shelter and a comprehensive safety net of support services for victims of domestic violence in the Coachella Valley. Our mission is to provide these services to domestic violence victims — professionally, ethically and compassionately. 2. How long has your Organization been in existence? 20 Years 10 Months Describe in general the activities or services of your Organization: Emergency Shelter for battered women and their children: shelter -based K-12 school, preschool and medical clinic; Community Counseling Center; legal clinic; 7 Outreach Centers; Transitional Housing Program; 24-hour domestic violence hotline and Teen Relationship Violence Prevention Program. 4. How many people does your Organization currently serve? No. of Youth 1,128 No. of Adults 821 No. of Seniors 74 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 1,250 No. of Adults 900 No. of Seniors 80 6. How many people served during the Fiscal Year will be La Quinta residents? No. of Youth 55 No. of Adults 40 No. of Seniors 10 213 7. How many paid employees/volunteers does your Organization employ? Full time employees 29 Part time employees 1 Volunteers 38 8. Describe how your Organization is managed and governed: Shelter From The Storm management team is headed by Lynn Moriarty, Executive Director, a nationally -recognized leader in the domestic violence field with over 25 years of experience in the implementation and management of innovative, community -based shelter, outreach and education programs for battered women and their children. Other key management staff include the Chief Financial Officer, a Grants Manager and an Executive Secretary. The Executive Director reports directly to the Shelter From The Storm Board of Directors. Her management responsibilities include, but are not limited to: hiring, training and providing administrative supervision to professional and support staff; developing and maintaining positive working relationships within the domestic violence movement and general community; initiating, developing and collaborating on special projects; participating in fundraising events, grant proposal writing and other fund development activities; monitoring budgets; ensuring that grant and contractual obligations are met and maintaining records and files and preparing reports as needed for the Board and fenders. Shelter From The Storm's 13-member Board of Directors assumes all governance responsibility to see that the organization carries out its mission of providing high quality, comprehensive domestic violence -related services in a manner that is ethical, effective and economically sound. The Board's governance role encompasses the following domains: Legal: exercising fiduciary responsibility to ensure that the organization is properly managed; maintaining corporate status and ensuring that proper paperwork is filed with government agencies; Financial: reviewing periodic financial reports, ensuring that proper controls are in place and approving the annual budget; Planning: establishing the organization's mission and program direction; developing and periodically reviewing the organization's strategic plan; Policy: setting internal agency policies; Personnel: adopting/reviewing personnel policies; hiring of Executive Director and evaluation of performance; setting salary and compensation levels; Resource Development: establishing and determining feasibility of fundraising goals and participation in fundraising efforts; Governance: maintaining board meeting minutes and attendance records and recruitment of new board members. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Edra Blixseth President 42765 Dunes View Rd., Rancho Mirage 776-6622 Kevin McGuire Pres-Elect 73-745 El Pasco, Palm Desert 340-1145 Irwin Golds Vice President 75540 Desierto Dr., Indian Wells 408-7335 Robert J. Baltes Treasurer 41750 Rancho Las Palmas Dr., B-2, Rancho Mirage 568-1776 Mary M. Heckmann Secretary 196 Wikil Place, Palm Desert 340-7556 214 10. What is your annual schedule of events, and during what months does your Organization operate? Shelter From The Storm's Emergency Shelter, Transitional Housing Complex and Crisis Line are operational 24 hours per day, 7 days per week, year-round. The organization's Community Counseling Center, Legal Clinic and seven Outreach Centers are open Monday through Friday during regular business hours, year-round. This year, Shelter From The Storm's annual schedule of events includes a golf tournament and fundraising event on February 9, 2009 and a Holiday Party for women and children in residence at the Emergency Shelter in late December. 11. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: Non -applicable 12. What are your other sources of revenue for this funding year? Source See Attached Sources of Revenuse Total Needed $ 1,967,169 Total Received $ 1,177,812 Balance $ 789,357 13. Amount of money requested from the City of La Quinta? $ 5,000 Amount 14. Has your Organization been funded by the City of La Quints previously? Yes X No If yes, when? N/A 15. Please provide the name and address of the bank in which the Organization's funds are kept: Palm Desert National Bank 73745 El Paseo Palm Desert CA 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: Title: Lynn Moriarty Executive Director Robert Baltes Board Treasurer Kevin McQuire Board President -Elect 215 17. 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 tough economic times can be deadly for victims of domestic violence. Mounting financial pressure within families not only leads to more cases of domestic violence, but also to more frequent and dangerous abuse in families in which domestic violence already occurs. This increase in domestic violence stems from a complex and dangerous dynamic within financially stressed families: • job loss and financial pressures may trigger intimate partner abuse; • out -of -work batterers have more time at home and, therefore, more opportunities to batter; and • since batterers are spending more time at home, domestic violence victims have fewer opportunities to seek outside help, attend support groups and/or escape from the batterer. At Shelter From The Storm, we are already seeing evidence of this growing catastrophe — in fiscal year 2007/08, we witnessed an alarming surge in the demand for Emergency Shelter and services from victims of domestic violence. The following statistics bear this out: • We provided a total 9,530 bednights for women and children at the Emergency Shelter in 2007-2008, a 30% increase over bednights provided in the previous fiscal year. • We provided 28,912 meals to women and children at the Emergency shelter in 2007- 2008, a 32% increase in meals compared to the previous fiscal year. • 232 children took refuge at the Emergency Shelter. This translated into significant increases in children's program enrollment at the shelter compared to the previous fiscal year: 22% more children enrolled in the shelter's K-12 school; 35% more children enrolled in the shelter preschool and 23% more children participated in shelter daycare. • 44 families residing at the Emergency Shelter received assistance with Temporary Restraining Orders, more than quadruple the number of families in the previous fiscal year. We fully anticipate continuing escalation of demand for Emergency Shelter and services from abused women and their children in 2009. This demand comes at a time when Shelter From The Storm faces its own trio of economic challenges — severe cuts in State funding, a decline in private foundation philanthropy and a decrease in contributions from community members who are themselves seeing a downturn in their personal finances. Despite these challenges, Shelter From The Storm's board and staff are committed to keeping the doors of the Emergency Shelter open 24/7 and sustaining the current level of services, so that no woman or child in danger ever has to be put on a waiting list. Requested funding from the City of La Quinta will specifically support the day-to-day operating costs of the Emergency Shelter e.g., administrative staff, utilities, maintenance, insurance) that are not being covered through any other funding source. 216 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. In 2009, we project that an estimated 400 women and children who are victims of domestic violence will access safe haven and supportive services at Shelter From The Storm's Emergency Shelter. A grant from the City of La Quinta will ensure that these women and children receive the following benefits: • 100% of women and children will be safe from further abuse during their shelter stay. • 100% of women in residence will receive high quality individual and group counseling in order to address the trauma they have experienced as victims of domestic violence. • 100% of women in residence will receive meet with a Case Manager who will assist them in designing a case management plan for accessing both shelter and community services supportive of their leading healthy, independent lives. • 100% of women in residence will participate in the Be of Survivor healthy lifestyles program, through which they will gain independent living skills. • 100% of women and children will receive primary healthcare services through the shelter -based medical clinic. • 100% of children will participate in developmentally -appropriate educational experiences and an enriching environment that promotes their healthy growth and development either at the shelter -based K-12 School, Preschool or All Care program. 19. Attach copies of the last three months of bank statements for the Organization's checking and savings account. See attached. 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. 217 ATTACHMENT 5 I GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Tools for Tomorrow Inc Amount Requested: $5,000 Contact Person: Ed DiNicola� Mailing Address: 42-800 Bob Hope Drive, Suite 209-0 City: Rancho Mirage State: CA Zip Code: 92270 Home Telephone: 760 567-5862 mobile Work Telephone: 760 340-4980 E-mail Address: efd@afterschooltools.org 501(c)3 Taxpayer I.D. Number: 33-0889045 Date Application Submitted: April 9, 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. n.. �1 218 CITY OF LA QUINTA GRANT APPLICATION (4ped applications are preferred) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? Tools For Tomorrow provides a free after school integrated arts program to at risk elementary school children grades 3-5 in Title 1 schools in the Coachella Valley, which includes two schools in La Quinta. Tools For Tomorrow realizes the importance of the arts which have been cut from so many school budgets. The program provides the needed outlet for socialization, creativity, and balance in the lives of the children that it reaches. Providing this much needed element in young lives is, and always has been, the primary purpose for the existence of the organization. 2. How long has your Organization been in existence? _9_ Years 4 Months 3. Describe in general the activities or services of your Organization: Tools for Tomorrow meets in each school, after school for one hour, one day per week (unless there is more than one program in the school). The program utilizes a specially created, integrated arts curriculum including art, music, creative writing and drama, offering the children a "hands on" experience and providing them with literacy in each of the areas. The Tools for Tommorrow program is designed to unlock the creative potential in each child. 4. How many people does your Organization currently serve? No. of Youth 1300 No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 1300 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 200 No. of Adults No. of Seniors 219 How many paid employees/volunteers does your Organization employ? Full time employees none Part time employees _14*_ Volunteers _35 *Executive Director, Bookkeeper, Office Manager, 10 Teachers and 1 Health Aide Describe how your Organization is managed and governed: Tools For Tomorrow has a paid Executive Director/Curriculum Coordinator, and is governed by a volunteer Board of Directors consisting of a CEO, CFO, President, and five additional members representing the community, the fund raising arm of the organization, and former educator/school psychologist. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Contact: Ed DiNicola Executive Director 2795 Alondra Way, Palm Springs, CA 92264 760 567-5862 mobile Jim Reed CEO 48701 Santa Ursula, La Quinta, CA 92253 760 564-0887 home Kimberly Klink President 49680 Coachella Drive, La Quinta, CA 92253 760 219-4600 mobile Robert Hopkins CFO 49-155 Avenida Fernando, La Quinta, CA 92253 760 564-2012 home 10. What is your annual schedule of events, and during what months does your Organization operate? Tools For Tomorrow meets for two fifteen -week semesters from October to May. Classes meet in the schools for one hour per week after school unless there is more than one program in a school . Currently we serve fifteen schools, (two in La Quinta, John Adams School and Harry S Truman School) and operate twenty-six programs altogether. 11. Do you charge admission, membership fees, dues, etc'? Yes _X_ No Tools For Tomorrow classes are free to the students and to the schools. Tools For Tomorrow provides qualified instructors, a professionally designed curriculum, supplies, musical equipment, and snacks. 220 12. What are your other sources of revenue for this funding year? (2008-09) Source Contributions Grants Amount* $30,000 $45,000 Other $ 5,275 Fundraising Events $39,400 *Est. 7/1/08 - 6/30/09 Total Needed* $_162,130 Budgeted expenses for 2008-09 (see Operating Budget) Total Received $ 92,500 as of 3/31/09 Balance $69,630 13. Amount of money requested from the City of La Quinta? $5,000 14. Has your Organization been funded by the City of La Quinta previously? Yes _X_ No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: El Paseo Bank 74175 El Paseo Palm Desert, CA 92260 760 862-0099 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Ed DiNicola Executive Director Kimberly Klink President Robert Hopkins CFO Adelle Tavill Assistant to the CFO 221 17. 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. Since the fiscal situation is so bad at this time, Tools For Tomorrow is requesting funds in order to keep the current programs running in all of the schools without having to create an interruption in services. It costs Tools For Tomorrow $10,000 per year per school to provide direct services to children including teachers, supplies, materials, musical instruments, and snacks. The requested funds will be used to partially offset those expenses currently going to the two La Quinta schools where the program exists. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The general goal of Tools For Tomorrow is to reach as many elementary school age children as possible in the coming years. For La Quinta it is hoped that the children at John Adams School and Harry S Truman School in La Quinta will continue to grow artistically and to benefit from these funds. The money will be used to partially supply materials, supplies and musical instruments in those schools. This will allow the Tools For Tomorrow program to continue to provide the same services without cost to the district or the children at Adams and Truman just as it has been doing for the past two years in La Quinta. The goal is to be sure that those children who want to take part in the program and who each year fill a waiting list will be given an opportunity to enroll in the program for the coming 2009-2010 school year. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 222 ATTACHMENT 6 V � 'j' [Srt.CIMiFG C� OFT95 Qum& GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization::: 0 G G 0 Amount Requested:_ ` 5.000 Contact Person: A'C4 w Mailing Address: S S /OS n,ljL�� City: State: Q Zip Code: �j'2 a 5 3 Home Telephone: 7 -71 - 0 S 7 7 Work Telephone: E-mail Address: 501(c)3 Taxpayer I.D. Number: ®/� Date Application Submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 223 CITY OF LA QUINTA GRANT APPLICATION COMMUNITY SERVICES SUPPORT 1.OUR PURPOSE IS TO PROVIDE QUALITY THEATER EXPERIENCES FOR BOTH CHILDREN AND ADULTS, PROVIDE A SERIES OF LECTURES ENCOMPASSING ALL AREAS OF THE CULTURAL ARTS, AND POVIDE SCHOLARSHIPS TO FURTHER THEIR ARTS EDUCATION. 2. WE HAVE BEEN IN EXISTENCE 2 YEARS. 3. TO DATE WE HAVE HAD 8 AUTHOR LUNCHEONS AND A PERFORMANCE OF LOVE LETTERS. WE ARE WORKING TOWARD OUR FIRST SCHOLARSHIP PROGRAM THIS JUNE. 4. OUR AUTHOR LUNCHEONS HAVE BEEN ATTENDED BY AROUND 300 ADULTS AND SENIORS, MOST OF THEM FROM LA QUINTA. 5.OUR SCHOLARSHIP PROGRAM WILL SERVE AROUND 1,500 STUDENTS FROM LA QUINTA HIGH SCHOOL. 6. SEE ABOVE 7. WE DO NOT HAVE ANY PAID EMPLOYEES. WE HAVE 20 VOLUNTEERS. 8. SECTION 3.01 OF OUR BYLAWS STATE: THE ACTIVITIES AND AFFAIRS OF THE CORPORATION SHALL BE CONDUCTED AND ALL CORPORATE POWERS SHALL BE EXERCISED BY OR UNDER THE DIRECTION OF THE BOARD. THE CORPORATION SHALL HAE MEMBERS. THE MEMBERS SHALL HAVE NO VOTING RIGHTS. 9. DIANE ADOLPH PRESIDENT 55105 RIVIERA 771-0577 PRISCILLA RENDINO V.P. 80390 WEISKOPF 564-6002 CAROL REED SECRETARY 55307 WINGED FOOT 771-1337 JOE PERLOW PRINTING 49294 VISTA BONITA 564-1880 JEAN PRUETT VOLUNTERS 55769 PINEHURST 771-4608 224 9. CONT. CAROLYN SMALL TREASURER 54909 SOUTHERN HILLS 771-1225 10. WE OPERATE DURING SEPTEMBER TO JULY. WE WILL HAVE AUTHOR LUNCHEONS OCTOBER,NOVEMBER,JANUARY,FEBRARY, MARCH AND APRIL. WE HOPE TO PRESENT A PUPPET SHOW NEXT FALL. OUR OTHER PROJECTS HAVE NOT BEEN SELECTED YET. 11. WE CHARGE ADMISSION TO OUR LUNCHEON OR DINNER EVENTS. WE HAVE A MEMBERSHIP PROGRAM, WITH FEES, WHICH IS OPEN TO ANYONE WHO WISHES TO JOIN. 12. 2008 2009 LUNCHEONS $1,400 $370 $1,770 MEMBERSHIP 3,900 350 4,250 SCHOLARSHIP DONATIONS 2,000 500 2,500 LOVE LETTERS 1,112 $9,632 TOTAL NEEDED $15,000 TOTAL RECEIVED 4,612 $10,388 13. WE ARE REQUESTING $5,000 14. WE HAVE NOT BEEN FUNDED BY THE CITY. 15.OUR BANK IS PACIFIC WESTERN BANK 78-080 CALLE ESTADO STE 101 16 THOSE WHO ARE AUTHORIZED TO SIGN ARE: CAROLYN SMALL TEASURER PRISCILLA RENDINO VICE PRESIDENT DIANE ADOLPH PRESIDENT 17. IF WE ARE AWARDED THE FUNDS THEY WILL BE ADDED TO OUR SCHOLARSHIP PROGRAM. WE WILL GIVE 1/3 OF ALL THE MONEY COLLECTED TO THE PERFORMING ARTS PROGRAM AT LA QUINTA HIGH SCHOOL,1/3 TO THE VISUAL ARTS PROGRAM AT 225 LA QUINTA HIGH SCHOOL, AND 1/3 TO LA QUINTA BOYS AND GIRLS CLUB JAZZ BAND. BY SHARING THE $15,000 WITH THE 3 DIFFERENT DEPARTMENTS WE WILL SERVE AROUND 1,500 YOUNG PEOPLE OF LA QUINTA. THIS SEMESTER THERE WERE 616 ENROLLED IN THE PERFORMING ARTS PROGRAM AND 880 IN THE VISUAL ARTS PROGRAM. THERE ARE AROUND 30 IN THE JAZZ BAND. NEXT YEAR THERE COULD BE MORE ENROLLED IN THESE CLASSES. OUR SCHOOL BUDGETS HAVE BEEN CUT AGAIN AND IT SEEMS THE ONES HIT FIRST AND HARDEST ARE THE ARTS. WE PLAN TO PRESENT THE CHECKS IN JUNE SO THAT THEY CAN START PLANNING FOR NEXT YEAR 226 ATTACHMENT 7 c&t v 4 4 Qum& GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: La Ouinta High School WinterGuard Amount Requested: 3,000.00 Contact Person: Jason Oakley Colorguard Director or Lucy Moreno 760 485-9045 Mailing Address: PO Box 1234 City: La Ouinta State: CA Zip Code: 22253 Home Telephone: 760 449-0553 Work Telephone: 760 772-4150 E-mail Address: ixchell lCaIdoo.com 501(c)3 Taxpayer I.D. Number: 71-0954077 Date Application Submitted: April 9, 2009 Applications will receive consideration without discrimination because of race, color, religion. sex. age. national origin or disabilitv. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? The overall goal of our L O H S colorguard team is to compete in the Winter Guard International World Championships (WGI) Colorauarrd also known as the "Sport of the Arts" is intended to increase students self esteem,promote team sportsmanship and provide opportunities to egress individualism through dancing, performing and spinning equipment This sport requires dedication and self discipline in order to achieve each students overall goal. The students are aspiring to be the best individual performers and contribute to a colorg d that gives the audience a memorable performance The main goal is for the participants to develop musically, socially and emotionally over the four years as Brigade members into outstanding young, talented adults. 2. How long has your Organization been in existence? Years Months 3. Describe in general the activities or services of your Organization: A nonprofit Youth organization, it is called the Sport of the Arts because it brings music to life through performance in a competitive format A special club where students can grow, laugh, learn and to meet challenges as a group. A place to belong in one of the largest international families available to youngpeople Practice and performance includes the use of dance flags sabers and rifles Performances and competitions with other groups and schools. 4. How many people does your Organization currently serve? No. of Youth 12 No. of Adults No. of Seniors 22$ 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 600 No. of Adults 500 No. of Seniors unk 6. How many people served during this Fiscal Year will be La Quinta residents? Most Students and their families are La Quinta Residence. No. of Youth No. of Adults No. of Seniors How many paid employees/volunteers does your Organization employ? Full time employees _0_Part time employees _3 Volunteers _5 8. Describe how your Organization is managed and governed: The Color Guard in under the La Quinta Blackhawk Brigade Boosters. The Brigade Boosters is a nonprofit organization There are no dues but the Boosters manage the funds collected via guard fees and fundraising to produce the Brigade Programs Membership consists of interested parents who volunteer their time to serve either directly on the board as elected officials, as appointed committee chairpersons or by working at individual events as needed. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Lisa Sacra President lisasacrona.yahoo.com April Walker Vice President prilby001 kyahoo com Bill Hartung Treasurer bill(c.hartungcpa.com Lisa Riding Parliamentarian hidingCa,marsco.com LoriJordan Colorauard Representative Lucy Moreno Colorguard mom volunteer 760 485-9045 229 10. What is your annual schedule of events, and during what months does your Organization operate? Colorguard begins in September through April of each school year. Main events are the Spring Spectacular in March, Brigade Blast in April with several local and out of town competitions and performances. 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If yes, please describe: Fees are collected to produce programs transportation uniforms materials for flags and props food and accommodations. 12. What are your other sources of revenue for this funding year? 13 14. Source Total Needed Total Received Balance Amount Amount of money requested from the City of La Quinta? $ 3,000.00 Has your Organization been funded by the City of La Quinta previously? 230 Yes _X_ No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Bill Hartung Tresure Lisa Sacro President 17. 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. As you know these are difficult times for all of us. this vear has brought the colorguard team challenges Several students had to drop out because of financial hardship on the parents. Our fees help cover the fees for transportation, uniforms equipment, competition fees snacks and accommodations. Budget cuts have affected us too, we pay for the coaches needed to teach the students dance movements weapon and flag work and show design. The funds would help meet our transportation needs for this coming school Year. 231 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The students, members of the colorguard team would benefit from your contribution. It would insure a safe and secure means of transportation to and from the 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 232 ATTACHMENT 8 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: College of the Desert Foundation Amount Requested: $5,000 Contact Person: Dr. Ralph Plumb, Executive Director Mailing Address:_43-500 Monterey Avenue City: Palm Desert State: CA Zip Code: 92260 Home Telephone: n.a. Work Telephone: 760 773-2561 E-mail Address: rplumb@collegeofthedesert.edu 501(c)3 Taxpayer I.D. Number: 95-3829219 Date Application Submitted: April 7, 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support _X Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? COD is part of the California community colleges system with the mission of serving the educational needs of the residents of the Coachella Valley. We are a federally -recognized HIS (Hispanic Serving Institution). The population of the desert communities has grown substantially over the .last decade. With large increases in tuition charged by four-year schools COD has seen a 16% increase in enrollments (over cap) The Foundation's mission is to provide private and other sources of support to COD to maintain excellence in students faculty, and facilities despite fluctuations in the State's ability to appropriate adequate funding to cover the increases in enrollment. 2. How long has your Organization been in existence? 51 Years Months Describe in general the activities or services of your Organization: The COD Foundation has existed for approximately 26 years The College offers more than 55 vocational degrees and certificate programs in allied health and nursing public safety, early childhood education applied science and business and communications to name but a few. COD offers adult learners in our community the opportunity to expand their horizons, revamp their preparation for new job opportunities or polish specific skills For many in the Coachella Valley, it represents a gateway out of poverty. The Foundation's support of COD through its "Securing the Future" campaign (launched in November. 2006) has topped $10 2 million The funds are for the renovation of heritage buildings on campus and for new facilities to contain rapidly -expanding programs such as nursing and the public safety academy as well as provide space for student services for more than 12.000 students now on campus 234 4. How many people does your Organization currently serve? No. of Youth 53.8% No. of Adults 32.6% No. of Seniors 6.0% 5. How many people do you intend to serve during this Fiscal Year? (Same as #4) 6. How many people served during this Fiscal Year will be La Quinta residents? Nine per cent of the student population at COD (1,066 students) are La Quinta residents. 7. How many paid employees/volunteers does your Organization employ? Full time employees _5 Part time employees _1 Volunteers n.a. Describe how your Organization is managed and governed: The COD Foundation is governed by a board of trustees, elected without term limits. Please see attached list, which also includes the information requested in item #9, below. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 10. What is your annual schedule of events, and during what months does your Organization operate? The COD Foundation operates during the entire year. 11. Do you charge admission, membership fees, dues, etc? Yes X No 235 If yes, please describe: 12. What are your other sources of revenue for this funding year? 13 14. 15. 16. Source Amount Please see attached budget and revenue list ($5,000+). Total Needed $ Total Received $ Balance $ Amount of money requested from the City of La Quinta? $ 5,000 Has your Organization been funded by the City of La Quinta previously? _X_ Yes No If yes, when? 1999 ($25,000): 2007 ($50,000) Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank, Highway 111, Indian Wells, Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Dr. Ralph Plumb Title: AOExecutive Director •• 236 Dr. Edwin Deas VP, Administration Board Officers: Dr. Ward Fredericks Donna Jean Darby Michael Oster, Lisa Houston. 17. 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 COD Foundation is seeking financial support from each of the cities in the desert region for CODS `Bridges to Success" program This is a collaborative effort by the College and the communities to encourage skill development leadership and attitudes that build academic and career success in young people Many of CODS students are drawn from economically disadvantaged areas east of La Quinta a significant number of its graduates work in resorts restaurants and golf courses important to the economy of La Quinta. Keeping COD strong will ensure that this flow of highly -skilled employees continues to be available even in difficult financial times Community colleges in general have been an integral part of the American higher education landscape and are an important entry point for students with vocational interests as well as for students wanting to transfer to nearby four-year state colleges and universities 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. COD is striving to make a college education accessible by helping students overcome barriers inspiring them, and facilitating their progress to successful careers. Coachella Valley K-12 schools and organizations like YMCA and Boys and Girls Clubs are collaborating with COD in activities and programs that will encourage more young people to think about a college education The Administration, Faculty, Board of Trustees Foundation and Auxiliary all actives support the outreach and financial ,goals of the `Bridges to Success" program. By collaborating with COD in helping to underwrite this program, the City of La Quinta will be encouraging our young people to develop their academic skills leadership potential and other qualities that will lead to educational and career success. 237 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. I".• 238 ATTACHMENT 9 LE., J 1w, GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Gems of the Desert/City of Hope Amount Requested: $5 000 Contact Person: Richard Stenton. President of Gems of the Desert Mailing Address: 80706 Spanish Bay City: La Quinta State: CA Zip Code: 92253 Home Telephone: (760) 564-6877 Work Telephone: E-mail Address: prstent aol com 501(c)3 Taxpayer I.D. Number: 95-3435-919 Date Application Submitted: April 8 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 239 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization?_ Gems of the Desert is a group of La Quinta residents who raise funds for cancer research, treatment and education at City of Hope. The research taking place at City of Hope is shared with medical centers worldwide, including the Coachella Valley. 2. How long has your Organization been in existence? _97_ Years Months Gems of the Desert Chapter has been in existence for 8 years. 3. Describe in general the activities or services of your Organization: The Gems of the Desert's annual events include Dinner Programs to educate the members and the local community on the latest research and treatment programs taking place at City of Hope. 4. How many people does your Organization currently serve? No. of Youth 754 No. of Adults _20,000_ No. of Seniors _Included in Adult stats._ 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 754 No. of Adults _I5,000_ No. of Seniors _5,000_ _ 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth few No. of Adults _125 No. of Seniors _90%_ 240 7 91 How many paid employees/volunteers does your Organization employ? Full time employees _1_ Part time employees _1 Describe how your Organization is managed and governed: Volunteers 250+ The Gems of the Desert has a local Board of Directors consisting of 6 individuals and 1 chapter President. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Richard Stenton President 80706 Spanish Bay La Quinta, CA 92253 10. What is your annual schedule of events, and during what months does your Organization operate? Opening Party & Welcome Back for those who live outside La Quinta during the summer months a January Member Dinner and Educational Seminar on cancer, diabetes and other life threatening diseases, March Dinner Program and Golf Tournament. 11. Do you charge admission, membership fees, dues, etc? X Yes No 241 12. 13. 14. If yes, please describe: Each member of Gems of the Desert nays an annual membership of $125 per member. These membership dues go directly to City of Hope What are your other sources of revenue for this funding year? Source Amount Dinner Program & Golf Tournament $110,000 General Contributions $5,000 Welcome Back Auction $2 000 Total Needed Total Received Balance $ 175,000_ $_$117,000_ $ $58,000_ Amount of money requested from the City of La Quinta? $_5,000 Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: City of Hope is a large organization with an annual budget of over $700 million; therefore our funds are dispersed among a number of fiscal institutions. The Gems of the Desert does not have a local bank account. 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: 242 17. 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 allow us to continue to provide educational programs and material to the residents of the La Quinta and surrounding communities We would also like to reach out and encourage more people to participate in the Gems of the Desert Chapter to help raise funds for City of Hope in its fight against Cancer and Diabetes. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Our goal is to inform the residents of La Quinta about the services offered at City of Hope as well as educating them on the latest research that is taking place and treatment programs being offered 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. SEE #15 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. 243 ATTACHMENT 10 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: La Ouinta Rugby Club Amount Requested: $5 000 Contact Person: Brian Ansley Mailing Address: 74-478 Hwy 111 #290 City: Palm Desert State: CA Zip Code: 92260 Home Telephone: 760-346-1060 Work Telephone: 760-485-7194 E-mail Address: lgrugbby(a yahoo com 501(c)3 Taxpayer I.D. Number: #20-3714690 Date Application Submitted: 4/10/2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 244 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _a_ Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? The overall purpose of the La Quinta Rugby Club is to create an attractive extra curricular activity that will encourage the youth in our community to participate. The Club promotes self discipline and dedication from its athletes on the field and in the classroom. Our Club is not only competitive but we live by a code of ethics which our sport demands on the field and our club demands off of it. 2. How long has your Organization been in existence? _5 Years Months 3. Describe in general the activities or services of your Organization: The Club is involved with the governing body of our sport, USA Rugby. We play Rugby in the S.C.Y.R. (Southern California Youth Rugby) which is a sub group of both USA Rugby and S.C.R.F.U. (Southern California Rugby Football Union). The majority of away matches are over two hours driving distance from La Quinta. 4. How many people does your Organization currently serve? No. of Youth 40 No. of Adults 3 No. of Seniors How many people do you intend to serve during this Fiscal Year? No. of Youth 60 No. of Adults 5 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 55 No. of Adults No. of Seniors 245 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers _7. 8. Describe how your Organization is managed and governed: USA Rugby is the governing body of our sport and we follow its laws and guidelines. The protocol issued by USA Rugby parallels the I.R.B. (International Rugby Board) rules and regulations which are followed world wide. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Brian Ansley President 73040 Shadow MtnDrive Palm Desert 760-346-1060 Mary Brown Treasurer 78670 Hwy 111 #172 La Ouinta 760-574-2384 Jenni Cullen Secretary 44065 Tiara Place La Ouinta 760-641-8083 Sylvia Rodriguez Field Coordinator 78-731 Cascadia Dr Bermuda Dunes 760-345-3034 10. What is your annual schedule of events, and during what months does your Organization operate? We have our first board meeting at the end of September and hold our parent/player meeting the first week of October. Pre season practices do no begin until the first week of November. We start our competitive season the first week of February, finishing at the end of April depending on the win/loss record. The Club annually participates in the Fullerton International Invitational Tournament. This is the largest youth tournament in California and is two days of tournament play. The Club also participates as spectators in the PAC 10 collegiate preseason tournament. As spectators in this college tournament we have the unique opportunity to witness past players from our club participate in a collegiate event which puts the focus on excellence in both the classroom and the rugby pitch. The Club informs the players that you must have high marks in the classroom and be a good athlete to become involved with our sport at this high level. Nearly 400 colleges in the United States have Rugby teams. 246 11. Do you charge admission, membership fees, dues, etc? x_ Yes No If yes, please describe: We charge players a preseason and in season fee. Preseason fee: $175 Ways to offset this fee: Sell team t-shirts or sell club discount cards In season dues $300 Ways to offset this fee: Sell adds for team program, sell team t-shirts or sell club discount cards. 12. What are your other sources of revenue for this funding year? Source Total Needed Total Received $ Balance Amount 13. Amount of money requested from the City of La Quinta? $_5,000 14. Has your Organization been funded by the City of La Quinta previously? Yes x_ No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: PFF Bank and Trust/US Bank 78080 Calle Estado, LaQuinta, 92253 247 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: Brian Ansley Mary Brown Title: President Treasurer 17. 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 sport that our club participates in is a very safe sport if performed correctly. Specific coaching and refereeing clinics are vital for our players to receive proper technique training and certified refereeing to ensure the safety of the game. Due to the fact that we are the only club in our league east of Riverside, at least half of our season scheduled games are two hours away. To avoid the dangers of the road with multiple cars transporting nearly forty players to games, our club has fundraised for professional transportation. This type of transportation that high schools utilize is not cheap, and over the years has depleted more and more monies that our club just doesn't have. The majority of our budget goes to transportation which leaves us little room for other important items for players. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. With youth rugby, our community can enjoy the second fastest growing youth game in the United States. At the adult level, Rugby is mostly likely going to appear in the next .. 248 Olympics. Rugby is one of the only youth games where a player under the age of 19 can represent his/her country. The La Quinta Rugby Club has already produced such an athlete in 2006, as he represented the United States VS Canada. The Rugby World Cup is the third most watched sporting event in the world. Various nationalities continue to expand the population of La Quinta. By giving our youth the tools to succeed in the sport world wide sport of Rugby, our entire community can join in the excitement of the game and the positive opportunity that the game of Rugby is allowing our youth. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. I'm not sure that this applies to us because we are so small. If need be we can dig this up if needed. 249 ATTACHMENT 11 LOA & i0 . I= ffe"], 1� GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Visiting Nurse Association of the Inland Counties (VNAIC) Amount Requested: $5 000 Contact Persom Michel Reeves Grants Manager Mailing Address: 42600 Cook Street City: Palm Desert State: CA Zip Code: 92211 Home Telephone: N/A Work Telephone: (760) 773-6260 ext. 646 E-mail Address: michel reeves(&vna-ic org 501(c)3 Taxpayer I.D. Number: 95-1641973 Date Application Submitted: April 7 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The VNAIC is a freestanding nonprofit Home Health and Hospice agency providing services to the residents of Riverside and San Bernardino Counties. Our Main office in Riverside was established in 1931 and our Coachella Valley office was established in 1961. 2. How long has your Organization been in existence? _78_ Years Months 3. Describe in general the activities or services of your Organization: We provide everything form well baby to end of life care We also offer children's grief support services through The Mourning Star Center and Camp Erin About 80% of our patients are Medicare patients and we carry a 6-8 percent Medi-Cal patient load as well. 4. How many people does your Organization currently serve? 16,000 patients yearly* No. of Youth No. of Adults No. of Seniors How many people do you intend to serve during this Fiscal Year? 18,000/year* No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? 400/year* No. of Youth No. of Adults No. of Seniors *Questions 4 -6 include total service numbers only — no demographic breakdown is currently available. 251 How many paid employees/volunteers does your Organization employ? Full time employees _500_ Part time employees 250 Volunteers _450 8. Describe how your Organization is managed and governed: We are an IRS designated 501 (c) 3 nonprofit charity. We operate under the supervision of a twenty person Board of Directors composed of volunteers from throughout our two county ervice area Our finances are audited each fiscal year. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Please Find Full Board List Attached 10. What is your annual schedule of events, and during what months does your Organization operate? We operate twenty-four hours a day, seven days a week and 365 days a year. Our main event benefiting The Mourning Star Center for bereaved children is held 11. Do you charge admission, membership fees, dues, etc? If yes, please describe: Yes _X_ No 252 12 13. 14 15. 16. What are your other sources of revenue for this funding year? Source Individual Donations Grant Funding United Way Total Needed $_372,000_ Total Received $ 89,885 Balance $_282,115_ $78 385 $ 1,500 $10 000 Amount Amount of money requested from the City of La Quinta? $_5,000 Has your Organization been funded by the City of La Quinta previously? Yes _X_ No If yes, when? Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo — Main Branch — Riverside CA Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Lunn M. Campbell Norm Lmde Title: President/CEO Chief Financial Officer 253 17. 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. In this grant proposal, the VNAIC is requesting $5 000 to provide charity care to uninsured/underinsured residents of the City of La Quinta Shortened hospital stays result in an increased need for skilled home health nursing care In addition in the Coachella Valley, the number of people aged 65 or old has increased to 13 5% of the total population and almost 20% of these seniors are on fixed incomes The VNAIC is a nonprofit home health agency. Unlike other home health agencies we invest all profit margins into patient care. For instance in 2008 we provided $372 000 of unreimbursed care to our un- and underinsured patients. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. In 2008 the VNAIC provided 305 patients in the City of La Quinta with 5,062 home health visits Thirty-seven of these patients received assistance with their home health costs from us. Current economic conditions lead us to believe that more of our patients will require this assistants We are placing this request in order to continue to provide this care to those La Quinta city residents who need it. We hope to maintain and if possible expand this level of charitable service in your community to include 50 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. Not currently available for release —our bank statements are large — please don't hesitate to contact me for further financial information. 20. Attach a copy of your Program Operating Budget for the current year. Please see attached. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Please see attached 254 ATTACHMENT 12 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Virginia Waring International Piano Competition Amount Requested: $5 000 Contact Person: Ann Greer Mailing Address: 73-710 Fred Waring Dr. # 201 City: Palm Desert State: CA Zip Code: 92260 Home Telephone: 760-346-8803 / cell — (323)-363-8243 Work Telephone: 760-773-2575 E-mail Address: ann rg eerna earthlink net 501(c)3 Taxpayer I.D. Number: 33-0025613 Date Application Submitted: April 10 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 255 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: XX Community Services Support Economic Development/Marketing and Sponsorships 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. How long has your Organization been in existence? 29 Years Months 3. Describe in general the activities or services of your Organization: This competition, held every other year in Palm DesertCalifornia maintains its stature as one of the rn for world piano events The 2009 Senior (18-35) competition was held March 29 — April 5. In addition to a master class solo and concerto competitions this year featured a new Chamber Music round The Concerto Finals was performed with orchestra at the McCallum Theatre. This 8 day competition was open to the public and most events were free. Contestants, Judges 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. This year the Competition paid the transportation to bring in 7 local classes to the competition sites. How many people does your Organization currently serve? No. of Youth 1,500 No. of Adults 4,000 No. of Seniors 2,000 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 2000,No. of Adults 5,000 No. of Seniors 3.000 256 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 250 No. of Adults 450 No. of Seniors 300 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 verb active Board of Directors and Executive Committee The part time Executive Director reports to the Executive Committee. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Ann Greer — Exec Dir Palm Desert 773-2575 Joyce Stein — Member at Large El Dorado 568-3920 Board members Nancy Bricard Woods and Mary Ellen Blanton live in La Ouinta. Volunteer Housing Chair Mary Jo McCowan also lives in La Ouinta. 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 years to plan and implement all the details connected with holding the competition. Often the prizes awarded ill into the following calendar year(s) The competition itself occupies 8 days plus the actual performance prizes The Competition started active Outreach to schools, youth and senior centers in the summer of 2008. In addition to the annual fundraiser held every winter, we plan to provide at least 4 outreach concerts into the community. 257 11 12. 13 IM 15. Do you charge admission, membership fees, dues, etc? x Yes x No If yes, please describe: No we do not charge fees or dues although we do have a support member organization called the Competition Associates and we do charge to attend our annual fundraiser. All outreach concerts are offered free of charge and although we charge for the two final concerts ($15 — 35) the rest of the Competition events are free with free parking at CSUSB-Palm Desert. What are your other sources of revenue for this funding year? Source See operating budget Total Needed Total Received Balance Amount Amount of money requested from the City of La Quinta? $_5,000 Has your Organization been funded by the City of La Quinta previously? x Yes No If yes, when? 2006-2007 Please provide the name and address of the bank in which the Organization's funds are kept: Northern Trust 69-710 Hwy 111 Rancho Mirage CA 92270 258 16. 17 M Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name Charlotte Mennillo Joan RuBane Jerry Benston Ann Greer Title Treas Ass't Treas Vice President Exec Dir 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 help defray the costs of the chamber music orchestra and the full college orchestra which accompanied the soloists both at CSUSB-Palm Desert and at the McCallum Theatre Each competition the quality of the contestants increases. This ear's contestants came from the finest music schools such as Julliard Yale Eastman and Curtis The Del Sol Quartet Chamber Music Rounds were exquisite Word of mouth has increased to such an extent that many sessions had standing room only. A video monitor was displayed in the lobbies of both CSUSB and the McCallum and a speaker was put outside at CSUSB Palm Desert so that everyone could enjoy the great music. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. 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 chamber music rounds for the 18-35 Senior Division. The Virginia Waring International Piano Competition offers Coachella Valley residents and visitors an extensive program of high quality education and piano performance opportunities that result in increased public cultural enrichment The quality is more akin to what one finds in a major metropolis such as New York Chicago London or Paris France Audiences are seeing the future �... 259 stars of the concert stage Local national and intemational classical music presenters come to the Coachella Valley to hear and book these young virtuoso pianists All the 2005 and 2007 Winners have won other major competitions either nationally or internationally, and received performance opportunities as a result of this Competition Local Coachella Valley audiences in 2006 2007 and 2008 benefited from several recitals featuring the 2005 and 2007 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 the Hart Gallery, Desert Horizons and at the Rancho Mirage Public Library. Audience attendees come 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 toumaments. It is time to be a destination for world class classical music including the Virginia Waring International Piano Competition. Each con etition audiences double. The theater at CSUSB-Palm Desert on Cook Street was 2/3 full everyday with standing room only in the aftemoons and evenings. The McCallum Theatre was filled almost to capacity. There was a substantial increase in the number of audience members from La Ouinta as reflected in the audience surveys we collected. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 260 ATTACHMENT 13 mmm GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: The National League of American Pen Women (NLAPW) Amount Requested: $1,000 Contact Person: Marge Dodge Mailing Address: 79-305 Toronja City: La Quinta State: CA. Zip Code: 92253 Home Telephone: 760-564-9329 Cell Telephone: 760-333-0733 E-mail Address: margedodgel@aol.com 501(c)3 Taxpayer I.D. Number 23-7214209 Website address: www.nlapwpalmsprings.org Date Application Submitted: April 10, 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 261 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X Community Services Support Economic DevelopmentlMarketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The objectives of the NLAPW are to promote, encourage and support creative and educational activities in the fields of Art, Letters and Music. Our community outreach program awards scholarships and achievement certificates to aide students who wish to pursue a career in Art, Letters or Music. Scholarships are given annually or bi-annually depending on available funds. Worthy students are chosen from Coachella Valley schools. An appointed committee evaluates applications and recommends awards. 2. How long has your Organization been in existence? The National organization was established in 1897 and the local branch was founded in February 1958 and is 51 year and 2 months old. Describe in general the activities or services of your Organization: NLAPW promotes the creative talents of professional women in the Arts. We offer members associations with other creative professional women, workshops, critique groups and lectures related to the creative process. Contests, exhibitions and other venues are provided to support professional careers in the Arts. 4. How many people does your Organization currently serve? 262 Approximately seventy-five professional women are currently members and in the past two years have awarded thirteen $1,000 scholarships to high school seniors who are pursuing an education in the Arts. How many people do you intend to serve during this Fiscal Year? Our goal in 2009 is to provide six or more $1,000 scholarships to graduating seniors pursuing an education in the Arts. 6. How many people served during this Fiscal Year will be La Quints residents? In 2008 we awarded two of the seven scholarships to La Quinta residents. We base our selection on merit and there are many deserving candidates at La Quinta High School. How many paid employees/volunteers does your Organization employ? Our organization is comprised of all volunteers. We have no paid employees. 8. Describe how your Organization is managed and governed: The elected Branch Officers are President, First Vice President, Second Vice President, Third Vice President, Recording Secretary, Corresponding Secretary, Treasurer, and Historian who are elected by a majority of votes. There are also appointed Chairpersons. 9. Please provide information on your Executive Board members or contact person: Name Title Audrey Moe Marge Dodge Shirley Coombs Pat Dugas Kathy Bjork Carol Mann Anice Schwartz Home Address President 14-250 Yerxa Rd., 92240 1't Vice President 79-305 Toronja, 92253 2Id Vice President 73-691 Sawmill Rd, 92260 P Vice President 200 Racquet Club, 92262 Treasurer 72-631 Spyglass Ln., 92260 Correspondence Sec.81-638 Prism Dr., 92253 Historian 69449 St. Andrews, 92234 Phone 760-251-1143 760-564-9329 760-674-4744 760-327-6624 760-346-4433 760-564-0834 760-560-3765 263 10. What is your annual schedule of events, and during what months does your Organization operate? We hold an annual fund raising event in April. Monthly meetings are held on the third Tuesday of each month from October through May. 11. Do you charge admission, membership fees, dues, etc? X_ Yes No Branch dues for Active, Associate, and Lifetime members are twenty dollars ($20) plus five dollars ($5) state association dues for a total of twenty five dollars ($25) in local dues. Provisional members pay twenty dollars ($20). The National membership dues are $45. The cost to attend our monthly luncheon meeting is $20 for members, $25 for non- members. Workshops are usually $30. 12. What are your other sources of revenue for this funding year? Our source of funding for community outreach is holding fundraising events. Our annual event, Women of Distinction in the Arts at which we recognize and honor outstanding women in the Coachella Valley, is our major and signature event usually held in the spring. With no operating overhead, we are able to apply all money, after expenses, to our scholarship program. 13. Amount of money requested from the City of La Quinta? $1,000 14. Has your Organization been funded by the City of La Quinta previously? No. 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of America, Palm Desert Branch, 73-820 El Pasco, Palm Desert, CA 92260 264 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Audrey Moe President Kathy Bjork Treasurer 17. 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 requested funds, if awarded, would provide one $1,000 scholarship to a deserving senior graduating from La Quinta High School in 2009 and pursuing an education in the Arts. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. A deserving La Quinta student would be awarded a $1,000 scholarship to pursue a career in the Arts — music, art, or writing. Previous recipients have excelled in set design, in architecture, in journalism, in musical composition, in web design and computer graphics, etc. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. Attached. 20. Attach a copy of your Program Operating Budget for the current year. We have no operating expenses other than the cost of renting a US Post Office box annually; therefore we have no Operating Budget. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Attached. 2!65 ATTACHMENT 14 LE i Mal 1� GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: LA QUINTA C E R T Community Emergency Response Team Amount Requested: $5,000.00 Contact Person: Joseph Reyes CFO Mailing Address: 60-612 Lace Leaf Court City: La Quinta State: CAZip Code: 92253 Home Telephone: 760-777-8243 Work Telephone: 760-567-4697 cell E-mail Address: ireyes007 do rr corn 501(c)3 Taxpayer I.D. Number: 80-0325675 Date Application Submitted: 04-01-09 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 266 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? CERT is a community -based team of trained individuals to provide emergency response and disaster recovery assistance in times of need. The CERT group supports the city as a volunteer force of community residents. It also provides education and the promotion of disaster preparedness in the community. 2. How long has your Organization been in existence? l_ Years _1 l_ Months 3. Describe in general the activities or services of your Organization: CERT trains its volunteer members and the community to prepare for disasters. CERT maintains equipment to assist the city in times of disasters CERT promotes disaster preparedness at community events CERT provides first aid at the annual cancer relay fund raiser. CERT assists with communications and EOC operations when needed for actual events or 4. How many people does your Organization currently serve? CERT does not have a set program of service, so numbers cannot be determined until an actual event occurs, however many will be contacted throughout the year for preparedness issues. No. of Youth 50 No. of Adults 500 No. of Seniors _500 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 50 No. of Adults _500 No. of Seniors _500 267 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 95%_47_ No. of Adults _95%_475_ No. of Seniors 95%_475_ How many paid employees/volunteers does your Organization employ? Full time employees _0_ Part time employees _0 Volunteers _37 8. Describe how your Organization is managed and governed: CERT meets once a month for business and training at city hall There are three Executive Board members elected annually. The organization is a non profit 501 c 3 incorporated in the State of California Expenditure of funds require a vote of membership at a regular meeting. 9. Please provide information on your Executive Board members or contact person Name Chris Sundlee Title CEO Home Address 79-673 Dandelion Dr. 92253 Phone 562-400-6800 Joseph Reyes CFO 60-612 Lace Leaf Court92253 760-777-8243 Paula Deal Secretary 54-320 Avenida Herrera 92253 760-564-4301 10. What is your annual schedule of events, and during what months does your Organization operate? Trilogy Earthquake Preparedness Fair, Home Depot Preparedness Expo, Cancer Relay for Life, La Quinta City Community Picnic, CERT annual Rodeo, La Quinta EOC 11. Do you charge admission, membership fees, dues, etc? X_ Yes No If yes, please describe: $ 6.00 application fee charged at time of joining. •: 12. What are your other sources of revenue for this funding year? 13 14. Source Amount Community Contributions $50.00 Total Needed Total Received Balance $_10,000_ $ 50.00_ $ 9,950.00_ Amount of money requested from the City of La Quinta? $_5,000.00 Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: CHASE formerly WAMU 78-805 Hwy 111 La Quinta, CA 92253. This account was recently opened as this organization just received its 501 c 3 confirmation_ letter in 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Joseph Reyes CFO_ Paula Deal Secretary Chris Sundlee CEO_ 269 17. 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 CERT team will purchase a utility trailer from a local business ( Lowe's) for a deep discounted price to be used to store equipment and supplies It is common practice for CERTs to have a trailer for this use and La Quinta CERT is among, the few that do not The trailer will house CERT equipment used in emergency and disaster situations. Items such as fire extinguishers light search and rescue equipment medical and triage supplies communications equipment lighting and portable power. The trailer will function as a command post for the CERT team at actual events as well as community events The trailer will be donated back to the city from La Quinta CERT and kept at the public works yard when not in use Only CERT members or city employees will be able to deploy the trailer once authorized by city officials As additional funding becomes available the CERT trailer will be marked identifying it as a community asset with city and CERT logos/markings 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The CERT team will benefit with the added ability to centrally locate and transport their equipment The city and residents will benefit by the increased level of preparedness offered by the trailer and associated equipment. The community in general will benefit if the trailer is used for promoting disaster awareness due to its high visibility at community functions 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 270 ATTACHMENT 15 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Desert Cancer Foundation Amount Requested: $ 5 , 0 0 0 Contact Person: Peggy Bilous, Executive Director Mailing Address: 74091 Larrea Street City: Palm Desert State: CA Zip Code: 92260 Home Telephone: 760-831-6003 cell Work Telephone: 7 6 0- 77 3- 6 5 54 E-mail Address: Pbilous@desertcancerfoundation.org 501(c)3 Taxpayer I.D. Number: Date Application Submitted:_ 33-0648823 April 10, 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 271 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Desert Cancer Foundation is a nonprofit community organization dedicated to assisting residents in the Coachella Valley and surrounding communities who need financial assistance in obtaining screening, diagnosis and treatment for cancer and allied diseases. 2. How long has your Organization been in existence? 14 Years 2 Months 3. Describe in general the activities or services of your Organization: Desert Cancer Foundation (DCF) has two programs that fund cancer related medical care for local residents. The Patient Assistance Program funds local cancer treatment. Each applicant is individually assessed for financial need. The primary consideration for acceptance in the DCF program is a demonstrated need for financial assistance to obtain local cancer diagnosis and/or treatment. DCF funding may support direct medical costs, including chemotherapy, radiation, radiology, office visits and labs, prescription medication, insurance premiums, co -pays and deductibles depending on the financial needs of the client. We serve residents of all ages and ethnic groups in the Coachella Valley who require financial assistance to obtain local cancer treatment. In 2008, 158 residents had cancer related treatment funded by DCF. The services valued at $4.4 million were obtained by the agency at a cost of $562,500. The capacity to make the most of each donated dollar has been made possible through our collaboration with the local medical community. Desert Cancer Foundation has operated the Suzanne Jackson Breast Cancer Fund (SJBCF) since July 2005. This program provides screening and diagnosis for breast cancer at no cost to low income, uninsured Coachella Valley residents. The program provides (as needed) unilateral and bilateral mammograms, unilateral and bilateral ultrasounds, clinical breast exams, digitization for screening and diagnostic CADs, cyst aspiration, core biopsy, stereotactic biopsy, wire localization, lymphoscintigraphy, fine needle aspirations, and ductograms. Pathology and radiology services related to the screenings are also covered by the Fund. In 2008, the program provided services to 800 individuals at a cost of $160,600. 4. How many people does your Organization currently serve? In 2008, the Patient Assistance Program served 110 adults and 48 seniors. Please note that there are no pediatric oncology services available locally so currently we are not assisting children diagnosed with cancer. In 2008 virtually all breast cancer detection services were provided to adults by the Suzanne Jackson Breast Cancer Fund. Only a handful of the 800 clients served were seniors since breast cancer screening procedures are available as a benefit of Medicare coverage. 272 5. How many people do you intend to serve during this Fiscal Year? As of April 9, 2009, applications for assistance are up 37% over prior year. It is anticipated that in 2009, the Patient Assistance Program will serve a total of 196 clients, estimated at 137 adults and 59 seniors. In 2009 we again anticipate serving approximately 800 adults through the Suzanne Jackson Breast Cancer Fund. 6. How many people served during this Fiscal Year will be La Quinta residents? In 2008, we provided Patient Assistance Benefits to nine La Quinta residents with a value of $118,938 at a cost of $12,885. In 2009, we are to date funding five La Quinta residents. Given the growth in demand for funding we anticipate serving 12-14 La Quinta residents in 2009. 7. How many paid employees/volunteers does your Organization employ? Desert Cancer Foundation has three full time employees: an executive director, a patient assistance coordinator and a bilingual administrative assistant. The organization utilizes approximately 100 volunteers annually. Volunteers assist with office tasks and provide event support. 8. Describe how your Organization is managed and governed: The sixteen member board of directors sets policy and provides governance. Staff executes board direction and operates the agency day to day. An outside accounting firm reconciles financial operations and performs an annual certified audit. 9. Please provide information on your Executive Board members or contact person: Contact Person: Peggy Bilous, Executive Director, 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Executive Board: Maria Kiner, President, 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Scott Burch, V.P., 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Susan Sagle, V.P., 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Lilli Mandelik, Secretary, 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Steve Christian, Treasurer, 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Dick Fausel, D.O., Member, 74091 Larrea Street, Palm Desert, CA 92260 760-773-6554. Our organization provides the agency office address as contact/mailing address for all staff and board members. Of our staff of three, one resides in Palm Desert, one resides in Desert Hot Springs and one resides in Indio. Of our board, seven reside in Palm Desert, three reside in Rancho Mirage, two reside in La Quinta, two reside in Palm Springs, one resides in Indian Wells and one resides in Bermuda Dunes. If required home addresses can be supplied for all. 273 10. What is your annual schedule of events, and during what months does your Organization operate? Desert Cancer Foundation has two proprietary annual events. The Annual "Paint El Pasco Pink" Walk supports our breast cancer fund and takes place on the first Saturday of October during Breast Cancer Awareness Month. Our third annual walk will take place on October 3, 2009. The annual Gift of Life celebration, a dinner gala, takes place in late fall. The eleventh annual celebration is scheduled for November 15, 2009. A number of local organizations designate Desert Cancer Foundation as the beneficiary of their events. DCF usually supports these third party events with volunteers and board participation. Two third party events that contribute annually to DCF are the Palm Springs Cruisin' Association Car Show in Memory of Dr. Sebastian George (mid February) and the annual Indian Ridge Dinner Gala and Golf Tournament (early April). Desert Cancer Foundation operates year round with regular office hours of 8 a.m. through 5 p.m., Monday through Friday. The office is closed on weekends and major holidays. 11. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: n/a 12. What are your other sources of revenue for this funding year? Source Amount: Sources of revenue include endowment contributions, private and corporate donations, third party special events, proprietary special events, grants and investment income. These are detailed by source on the 2009 Budget submitted with this application. We have anticipated that we will need to access some of our reserves this year to continue to provide services to all in need. Total Needed $ 1,086,359 Total Received $ 886,168 Balance $ 200,191 13. Amount of money requested from the City of La Quinta? $5,000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Desert Cancer Foundation maintains accounts at two local financial institutions: Palm Desert National Bank 73745 El Paseo Palm Desert, CA 92260 Wachovia Securities 74760 Highway 111, Suite 100 Indian Wells, CA 92210 274 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Maria Kiner President, Board of Directors Stephen Christian Treasurer, Board of Directors 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We believe that every individual deserves the best quality of life. To enjoy the best quality of life every individual must have ready access to medical care. According to recent research by the American Cancer Society in the United States, men have nearly a 1 in 2 lifetime risk of developing cancer; for women, the risk is a little more than 1 in 3. The reality is that all of us, either personally or through our family or friends, will be touched by cancer. There has never been a time that our organization has had a greater need for financial support. Due to the current economy more local residents are unemployed. Many residents have lost their health insurance. Cancer patients are living longer due to advances in medical treatment. Cancer has become a chronic disease for many. Clients are requiring assistance with ongoing cancer treatment for longer periods of time. This comes with a cost — a cost that many cannot afford. These dynamics have significantly impacted our agency. New applications for assistance have increased 37%. At the same time, current clients continue to require financial assistance for longer periods of time. Our agency is fortunate in that it has not, in the last five years, had to turn away any needy client due to insufficient funding. At this critical time we do not wish to turn away any qualified new client nor abandon any existing client. However, donations to non profit organizations have declined. And as our income opportunities have shrunk — our ability to meet this demand is in jeopardy. If granted, the $5,000 in requested funding will be used for cancer related treatment of local residents. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Funds will be solely used to pay for cancer related medical treatment for residents of La Quinta. Each dollar spent is leveraged to provide treatment valued at nearly six dollars. The capacity to make the most of each dollar has-been made possible through our collaboration with the local medical community which provides highly discounted services for clients of Desert Cancer Foundation. These are questions that no individual should have to ask themselves. ➢ Will I feed my family this week or get the chemotherapy treatment that I need? ➢ Do I pay my mortgage or do I pay my medical bill? ➢ Do I drop my insurance because I can't afford the premium because cancer has made it impossible for me to work? Unfortunately without the support of Desert Cancer Foundation these are questions that many would have to ask. Good community health and accessible health resources benefit us all. Our program's major benefit is that it alleviates financial stress and provides a better quality of life for our clients, their families and friends. 4 275 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. Attached are statements from both Palm Desert National Bank and Wachovia Securities. 20. Attach a copy of your Program Operating Budget for the current year. Attached is the budget by class for calendar year 2009. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Attached is 2007 990. The 2008 990 will be completed in July 2009 concurrent with our annual audit. 276 ATTACHMENT 16 GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Healing Horses Therapeutic Riding Center Amount Requested: $5 000.00 Contact Person: Gabriele Lawrence Mailing Address: 49-950 Jefferson Blvd. Suite#130-235 City: Indio State: CA Zip Code: 92201 Home Telephone: 760.324.5650 Work Telephone: 760.408.4633 E-mail Address: gabrielegahealinghorsescv com 501(c)3 Taxpayer I.D. Number: 26-3465979 Date Application Submitted: March 12 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: X Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? We believe with appropriate individualized services, support, therapy and information, children with special needs like autism spectrum disorders, Down's syndrome and CP will grow, learn and flourish. We will be utilizing a multi -prong therapeutic approach that will produce positive changes in critical areas of development including but not limited to core muscle strength, improved balance, speech and vocalizations, positive behavior, self esteem, visual motor and spatial skills. The goal is to maximize the child's functioning in their homes, schools and communities by increasing their language, reducing negative behaviors, increasing core muscle strength, improving relationships with peers, parents, teachers and caregivers, peer play, joint attention, self care and overall self esteem and independence. 1. How long has your Organization been in existence? _1_ Years _0_ Months Healing Horses started April 1, 2008 Describe in general the activities or services of your Organization. We offer Therapeutic Horseback riding to special needs children currently ranging in age from 2 years old to 25 years old. The program limits 6 children per group lesson (to ensure individual goals are met and mastered). Lesson time is 1 hour and includes learning to saddle the horse and care for the horse after the lesson (i.e. removing equipment, brushing down horse and giving the horse a carrot treat). Each child is partnered with a horse leader as well as walk along volunteers (peer models as much as possible). A very important part of the program team is Judy Morgan- a local Speech Language Pathologist and on our Advisory Board we have Beth Aune-Nelson a local Pediatric Occupational Therapist. We are the only NARHA (North American Riding for the Handicapped Association) certified center in the Coachella Valley. 4. How many people does your Organization currently serve? No. of Youth 50 No. of Adults —3 No. of Seniors O 278 El How many people do you intend to serve during this Fiscal Year? Based on our growth rate we are looking at serving 75 participants weekly by December 2009. We currently have over 35 families on the waitlist as they cannot afford the S20/co-pay we currently have until we are fully funded and do not need to charge for therapy. No. of Youth 65 No. of Adults _10 No. of Seniors _0 How many people served during this Fiscal Year will be La Quints residents? No. of Youth _20_ No. of Adults _0 No. of Seniors _0 How many paid employees/volunteers does your Organization employ? Full time employee's 1_ Part time employees 1-Volunteers _35_ Describe how your Organization is managed and governed: Marcia Levine, the Co -Founder is also the full-time Executive Director who manages the day to day operations including the lessons volunteers and oversees the initial training to staff and maintenance requirements of Center. Our other Co -Founder Gabriele Lawrence has taken resWnsibility to oversee the grant process and props am manageement. We also have both a Board of Directors as well as a Professional Advisory Board overseeing the Center. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Marcia Levine Co -Founder Executive Director 82-800 Avenue 58#15 Thermal CA 92274 .449A883 Gabriele Lawrence Co Founder & President 69547 Siena Court Cathedral City, CA 92234 324.5650 Judith Morean Director 77 564 Country Club Drive Palm Desert_ CA 92211 .831.1589 279 Laura Barber -Director, 4302 Bo ell Vista Cove Austin T 78731 512-626-6510 Glenn Miller. Director Indio City Council Member48760 Pear Street Indio CA 92201 760.275.6000 Lance Barney Director. Sr VP First Bank 37472 Breydon Street Indio. CA 92203 574-9168 10. What is your annual schedule of events, and during what months does your Organization operate? Our Center rums year round with 4 weeks off a year for various holidays like Xmas Thanksgiving and 1 week at beginning for summer as well as Memoriai, Labor Day, and Easter weekends off. We Just held our 1st annual fundraiser "Stomping of the Divots" March I at the El Dorado Polo Club. More detailed information on fundraiser is on our website www healinghorsescv col 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If yes, please describe: Until we are fully funded we need to charge families a $20/co pay for each lesson hour. We currently have over 35 families on a waiting list that cannot afford this co pay so we are working very hard in getting fully funded so each child and adult that is interested can take part in Therapeutic Riding. 12. What are your other sources of revenue for this funding year? Source Amount Wa1Mart Palm Desert Store $1,000 Coachella Valley Autism Society $5,000 Pitruzzeli Family Trust $10.000.00 Weingart Foundation $25.000.00 First Bank $750.00 Wells Fargo Bank $1-000.00 Individual Donations mist. $8000 .00 Total Needed $ 143,390 Total Received $ 50,750 Balance $ 92,640 13. Amount of money requested from the City of La Quinta? $_5,000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo 77 952 Country Club Drive Palm Desert, CA 92211 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: Marcia Levine Judith Morgan Gabriele Lawrence Title: Executive Director Board Member Founder & President 281 17. 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 $5000 grant will go directly to nay for the operating costs of the Therapeutic Riding Program at Healing Horses We are trying very hard to get enough funding for the program so that the co -nay to families can be reduced to $0 once the grants received are $143 390 our annual ooverating budget With only I full-time person onboard our overhead is kept to bare minimum so that all funding directly affects the population we serve Thru the generous donation of Alex Haagen III owner of Empire Polo Grounds we have a permanent home for our Program on the grounds of Empire Polo Grounds at a very nominal cost 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. _ The grant monies go directly to cover the cost of the program while minimizing the parental co pay to $20/lesson We currently have a waitlist of over 35 families who cannot afford the $20/co pay so their children are unable to take advantage of our Center. So in closing these monies will go directly to supporting the program so that the children with special needs can receive the therapeutic benefits of our program which include but are not limited to; • The ability to control a horse as well as one's own body inspires self esteem. self- confidence responsibility and teamwork. • A strong sense of responsibility develops as the rider learns to care for the equipment & the horse. • Increased Speech (or vocalizations) • Improved Balance Decreased Spasticity, Poise posture Core strength and flexibility. • General sense of well-being, increased risk taking ability, increased interest in the outside world, development of patience emotional control and self-discipline and sense of normality. • Increased ability to sequence motor plan. eve -hand coordination, visual -spatial perception and differentiation. • Friendship, respect and love for animals increased experiences and of course enjoyment. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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 "0. 282 ATTACHMENT 17 Emm GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Palm Springs Air Museum Amount Requested: $5 000 Contact Person: Sharon Maguire Mailing Address: 745 N. Gene Autry Trail City: Palm Springs State: CA Zip Code: 92262 Home Telephone: 760 272-1905 (cell) Work Telephone: 760-778-6262 x 223 E-mail Address: Sharon@PalmSpringsAirMuseum org 501(c) 3 Taxpayer I.D. Number: 33-0615350 Date Application Submitted: April 10 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 283 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support XX Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The PALM SPRINGS AIR MUSEUM is a non-profit educational institution, dedicated to the preservation and exhibition of WWII aircraft while eternalizing the role American Citizens, both in the military and on the home front had in achieving this great victory. In addition to a collection of flyable aircraft, related artifacts, vintage automobiles, artwork, and library sources are used to perpetuate American History. 2. How long has your Organization been in existence? 12_ Years 5 Months Describe in general the activities or services of your Organization: The museum's collection of over 30 vintage warbirds and other aircraft are housed in 75,000 square feet of climate - controlled hangars The museum is open daily from 10 — 5 except for Christmas, ew Year's and on our annual gala School and adult groups visit Dedicated docents from our 200 volunteers serve in each of the 3 hangars in the Library and in the gift shop. The Museum offers a bimonthly Commemorative Education Program series with flight demonstrations between November 1 and May 31 Many of our docent tour guides are veterans Visiting exhibitions are on going The last visiting exhibition was the Apollo 17 Moon Rocks that were on display for 3 weeks Most programs and visiting exhibits are included with regular admission The AIR MUSEUM is unique when compared tooth aircraft museums in two very significant ways First it is dedicated to WWII and those brave men and women who successfully defended the freedom of the world. Many of the museum volunteers are veterans who have flown these planes and are willing to share their experiences and sacrifices for the education of future generations. Secondly, the aircraft on display at the museum are all fully restored to flying condition... and THEY DO FLY — OFTEN! 4. How many people does your Organization currently serve? No. of Youth 15.554 No. of Adults 52,348_ No. of Seniors 16.547_ 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 14.000 No. of Adults 50,0 00 No. of Seniors 17.000 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 500 . No. of Adults 450 No. of Seniors 350 How many paid employees/volunteers does your Organization employ? Full time employees 8 Part time employees 6 Volunteers 200 8. Describe how your Organization is managed and governed: The organization is governed by a Board of Directors an Executive Committee and a President / Museum Director who reports to the board. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Sharon Maguire President/Director Cathedral City 760-272-1905 - cell Fred Noble Chairman Palm Springs Bill Bramer Treasurer Rancho Mirage Don Reuben Vice Chair Secretary Rancho Mirage 760-324-0916 10. What is your annual schedule of events, and during what months does your Organization operate? We operate 12 months a year. Our Saturday Commemorative Sneakers' Education Program Series goes from Nov 1 through May 31 each season during which we have flight demonstrations and guest sneakers From time to time we have special exhibits Attached is a brochure listing the 2008-2009 events During the Holidays. Spring Break and the summer, we offer special programs geared for young people. 285 11 12. 13. 14. Do you charge admission, membership fees, dues, etc? 2 Yes No If yes, please describe: We offer memberships starting at $55 per year. Members get in free to all regularly scheduled programs and exhibits Daily admission fees are kept low. Adults are $12 seniors and teens 13-17 are $10 (not valid on Saturdays or holidays), active military is free and children 6 —12 are $5 Children 5 and under are free. Groups of 15 or more also receive a discount We also rent out the hangars for special evening events We are unique in that our admissions and rental fees cover our operating Menses. All donations and contributions are used for the exhibits. What are your other sources of revenue for this funding year? Source See operating budget attached: Revenues come from admissions memberships, the giftshop and special events Total Needed $ see operating budget attached Total Received $ see operating budget attached Amount Balance $ see operating budget attached Amount of money requested from the City of La Quinta? $_5,000 Has your Organization been funded by the City of La Quinta previously? Yes xx No If yes, when? 286 15. Please provide the name and address of the bank in which the Organization's funds are kept: Canyon National Bank 1711E Palm Canyon Palm Springs 760-325- 16. 17 H 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 Bramer Don Reuben Fred Noble Sharon Maguire Title: Treasurer Vice Chair Secretary Chairman President/Director Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We respectfully request $5 000 towards the sponsorships of our Saturday Commemorative Education Program Series and Flight Demonstrations Each program costs roughly $2 500 which includes the cost of the Flight Demonstration These programs are very well attended, averaging 300 in attendance Approximately 100,000 Flyers and newsletters are distributed to our members at the Palm Springs Street Fair, at conventions and expos and to over 50 local hotels time shares and other attractions. We advertise our Commemorative Education Programs in bi-monthly ads in the Desert Sun on radio and in other print. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The City of La Quinta will benefit from this partnership because we will add the City's logo onto printed materials associated with the Commemorative Program Series We will also list the City of La Ouinta on the "Program" given to all attendees on that day, will recognize the City of La Quinta on our Community Partner Slides shown in the Buddy Rogers Theater between movies and on our website. 287 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 288 ATTACHMENT 18 V _ � w� G� OF T9 4 4 Qum& GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: OLD D -rO t&/a( $IZ�#J St—U010 WC, L Amount Requested: A 0196 Contact Person: g4 �-- V Mailing Address: 78 - z Zg CAt LE 9K A-MB /-A-5 City: �=k ? t 1 I NM State: Zip Code: q2 Z S-5i Home Telephone: 7Z i9 760 f-4 q 0 :5 7-7- Work Telephone: E-mail Address: 5/I/RL�yCL1�Tffl P IY) S1/. cOM 501(c)3 Taxpayer I.D. Number: 26 — 44 3 7 2 63 Date Application Submitted: O 1 - i) 41 — C) q Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. L!�A,S_F DIR&C QUI 500N5 7-o VIcr02y GQUND-VISDA1A-P-Y Vic7plc<LFA-oL,CCM o2 3606322958(L) 289 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? Z D I APV/ D � COOL Ok WAC01 f ACE /AI Lt/#K f PAe-COI\IS In regL-sa,p IIU a)aw,/N(- imn 4AV On/ �XPkEsS �rR MnSJC 774LENi IN -1�cucPTw2E OR w*El L POTEk y 2. How long has your Organization been in existence? Years _Z_ Months 3. Describe in general the activities or services of your Organization: O✓ C r7nuR WA-`FS OF /IJAOWE-M�__TIT! at WALL I A-EEIL 47 : , 5ML mot/% Qk Vr7"AfT-EEg ValaTH Ilf- LD VE!!--ik- AJ&EDS k l I UI V ES 43AF i-VAq1-fA-61-E 4. 5. 0 How many people does your Organization currently serve? No. of Youth No. of Adults 4— No. of Seniors How many people do you intend to serve during this Fiscal Year? No. of Youth * No. of Adults No. of Seniors How many people served during this Fiscal Year will be La Quinta residents? No. of Youth A'LL No. of Adults Al D SZ" No. of Seniors MOS: 290 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees . _g Volunteers �70 8. Describe how your Organization is managed and governed: ME CORI?Rf}T/OAI S C8X/T U-fl o 8Y /7-5- "A,�- e_l_ S AW,0 Lay/-�KA/ PoL46-�l JS DPi�Rrs')ld/rD By 7MEftV150�y BOA-RD 9. Please provide information on your Executive Board members or contact person: Name Title hpD3I�cKEIJ - l�/L�S Home Address T 8I83 �',gilCD �f Phone —76v S3-f 5363(C. ND2 t3fiPir1UG1�} Du k g22o3 ccx&6- -?oL45 ` 12k�5 7,En5' MMAJ Sr 6 2gWw 9ZZ53 7-077/ -�30/ S/Nkr-F-Y 6-kd - SEC. 7W ('Ha I -As RA-V p L535?. 1?641V-085 — DIQ . 7100 0-(7-izi4S Si ,0 BBORO IRUMJ = D l R , ;DO.Bo� 79D L r;tt�2T�CA 15953 y/�$�7 ��7�C�) 10. What is your annual schedule of events, and during what months does your Organization operate? A-A/p jnp—j�:AJ STU,0lD iFOuR.S APE— A-1-L 2 - 9VENi'3 AA E PIA-LN)=D PDIZ VoUp-+ )�,Nb 5)>zC0 -L NF£DS /Nr-)1V16UPrL-5. 110-7-EL H! 2SP IT&L-1T`/ A -NA L-C-Cr'U 2 FS AyRF F>Ll17AJh) Fly 11. Do you charge admission, membership fees, dues, etc? % Yes No If yes, please describe: fQ(a Nm r--Q C I t 2620 /A-t\/ CW L'Z -r /a POR H-BUR STUDENTS-yxrzAE5 8Y lAID�P til�i�l� JNST2yU�eS �� 61-N USE - E5ctRN l-EFS 291 12. What are your other sources of revenue for this funding year? Source P2o poS ED -S7Ai",r--NI 6N I Amount Total Needed $ Total Received $ Balance $ 13. Amount of money requested from the City of La Quinta? $ 5-oa0 14. Has your Organization been funded by the City of La Quinta previously? Yes —4— No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: /,A- SOG LA B NJ K 790/0 /1' PYA/ Si S U rTE 10D A a nur,4 CA- 0122.53 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: ANDy LDCAU54f Title: A2EC Tlzb Sf 17. 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. /A/COME ERLM Abl - �(Si ED ON IJOII Sim �/1'��UI R 2t= OPF-EREZZOA-K Ec;?QIP LQ - REPAVAlEAv! HNC -a S7-Ruc7Uk6Z- ;r7ng AFC AZ -NEEDS r4P-b C=DIn/ /NWMJE SE�lD2S , 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. -17M- STUIJto S NIISSID!✓ /5 7-0 81R-&V(()1 L-1, QUlA1T-A (,l-)I T7f A- /EGA -CC- D f-D IC1-I"YD TO 16f Qfl S-1K- 15Wk l-SS I D O TlWW-,// 27tE M EDI UIV\ OF efLi, /kN Wpoami-C l45r'f�T o� V-E- WSID1-' /S %D 500Se Thw Foal lD yDtl77f , fpk-z21AZ- NEEDS Ff-ZQAJS A-0 Lout IWOME SEN1okS 6Nc 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 7h�� JrU/ (CX3) WAf & F4f2m6;D !N '2069 77f-E-2LFokE Fa�wi Qqb wry 13& r=/L�v rN' of OF2010 293 ATTACHMENT 19 Emm GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Palm Springs Desert Resorts Restaurant Association, Inc. Amount Requested: $2,500 Contact Person: Kim Crandal Mailing Address: P.O. Box 6558 City: La Ouinta State: CA Zip Code: 92248 Home Telephone: 760-262-8637 Work Telephone: 847-917-3600 Cell E-mail Address: KimCrandal(k�ao4com 501(c) 3 Taxpayer I.D. Number: We are a 501(c) 6 80-0341811 Date Application Submitted: March 23 2009 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. (Typed applications are preferred) 294 Please check which grant funding you are applying for: Community Services Support X Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The Goal of the Palm Springs Desert Resorts Restaurant Association is to promote the economic vitality of the restaurants in all the cities of the Coachella Valley. Restaurant Week provides an opportunity for restaurants to showcase their unique cuisines while enticing locals and visitors to savor the taste and venture out to communities that are the Coachella Valley. 2. How long has your Organization been in existence? Years 5 Months since Incorporation as Palm Sprints Desert Resorts Restaurant Association Inc 2 vears in development of Palm Springs Restaurant Week. 3. Describe in general the activities or services of your Organization: The Restaurant Week Committee has worked for the past 2 years to develop the Palm Springs Inaugural 2008 Restaurant Week. Once established moved forward to organize and filed for Incorporation in December of 2008 and to establish all necessary requirement for Palm Springs Desert Resorts Restaurant Association, Inc and meet the necessary requirements of a 501(c) 6 status. 4. How many people does your Organization currently serve? N/A No. of Youth No. of Adults No. of Seniors 7 How many people do you intend to serve during this Fiscal Year? N/A No. of Youth No. of Adults No. of Seniors How many people served during this Fiscal Year will be La Quinta residents? N/A No. of Youth No. of Adults No. of Seniors How many paid employees/volunteers does your Organization employ? N/A Full time employees Part time employees Volunteers 15 295 8. Describe how your Organization is managed and governed: All Volunteer board consisting of three officers three directors and nine committee members meet the first Wednesday of the month at the offices of the Rancho Mirage Chamber of Commerce. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Kim Crandal Secretary/Treasurer 57617 Santa Rosa Trail, LO 760-262-8637 Michael Estrada Director 78-430 HWY 111 LO 760-777-99" Eric Morcos Director 74-361 HWY 111, PD 760-568-2144 10. What is your annual schedule of events, and during what months does your Organization operate? Valley's shoulder month end of season 20 day's — 2009 May 31— June 19 "20 Days of Dining In The Desert" 11. Do you charge admission, membership fees, dues, etc? X Yes No If yes, please describe: Registration Fee includes 1 year membership in association, includes all PR, advertising promotion website development/link and as well as all print collateral and media for Restaurant Week 12. What are your other sources of revenue for this funding year? Source Amount Restaurant / Hotel Participation $300 per Corporate Sponsors / City Community Support TBD Total Needed Total Received Balance NOTE: A total of 53 restaurants and 8 hotels are 'committed" to date. Specific amounts needed / received / & balance will depend upon future support yet to be determined. Please refer to budget. 13. Amount of money requested from the City of La Quinta? $ $2,500 296 14. Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Canyon National Bank, 901 East Tahouitz Can -you Way Palm Springs, CA 9921 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: Kim Crandal Juliana Copley (Coulee's) Michael Estrada (The Falls) Title: Secretary/Treasurer President Director 17. 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 request for funds is to assist in the promotion and 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Ouinta and/or local businesses would be benefited. The City of La Quinta local businesses and the businesses will benefit and prosper. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. ✓ 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. We are in the process of £ilina for and meeting all necessary IRS requirements to meet tax exempt status. 297 ATTACHMENT 20 m GRANT APPLICATION FISCAL YEAR 2008-2009 Name of Organization: Amount Requested: Contact Person: La Quinta P1ayHouse $6 500 Eric Olson Mailing Address: P.O. Box 1999 City: La Quinta State: CA Zip Code: 92247 Home Telephone: (760) 899-5513 Work Telephone: (760) 360-9191 E-mail Address: lgpolson2Qmail com 501(c)3 Taxpayer I.D. Number: 33-0741257 Date Application Submitted: 4/10/09 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 298 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support _X_ Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? To continue to build the artistic cultural and educational aspects of La Ouinta through professional -caliber, theater, entertainment and arts education. As an anchor in the Old Town La Ouinta complex we look to further help stimulate activity in the Old Town La Ouinta area by providing unique nightlife options through the entire year 2. How long has your Organization been in existence? _5_ Years Months 3. Describe in general the activities or services of your Organization: We produce professional theater in La Ouinta. This Fall begins our fifth seasons of plays. We hold Childrens's Arts Education Workshops throughout the year and host Summer Programs for larger groups of children 4. How many people does your Organization currently serve? No. of Youth 50 No. of Adults 1000 No. of Seniors .11 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 150 No. of Adults 2500 No. of Seniors 1800 6. How many people served during this Fiscal Year will be La Quinta residents? ..: 299 No. of Youth _20 500 No. of Adults 800 No. of Seniors How many paid employees/volunteers does your Organization employ? 2 Full time employees _2 Part time employees _2 Volunteers oil 8. Describe how your Organization is managed and governed: Our artistic director and managing director are overseen by an Executive Board Day-to-day operations are maintained by the artistic director and managing director. Further, a resource council is used to volunteer time services and advice Other non -paid volunteers are also used. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone David Prozek President 68249 Risueno Road Cathedral City. CA 760-409-1282 n.,..., r :Av T,rP „r 5Sn /1,i P..,L �,G //0 Ufa- 760-702-3313 Lily Estrada Secretary 77885 Cottonwood Cove Indian Wells CA 720-988-5791 10. What is your annual schedule of events, and during what months does your Organization operate? Our organization operates throughout the calendar year. We will offer a season of 8 shows starting in September, 2009 including anew plays festival. We will also be continuing Thursday evening cabaret concerts throughout the year. Our summer arts camp for youths will begin in June and run through July. Special programming for the summer months (including a film series and concerts) are planned for July and August. Our regular education programming_ will take place throughout the year 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No 300 12. 13. 14. 15. If yes, please describe: Tickets are sold for each performance Arts camp students are charged a tuition fee though scholarships are available for those in financial need. What are your other sources of revenue for this funding year? Source Amount Individual Contributions 8,000. Corporate Contributions 2,500. Ticket Sales (estimated) 65,000. Total Needed Total Received Balance $ 85,500 $ 75,500 $ 10,000 Amount of money requested from the City of La Quinta? $_6,500.00 Has your Organization been funded by the City of La Quinta previously? _X_ Yes No If yes, when? _2007, 2006, 2005 Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank 79080 Calle Estado La Quinta 92253 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): 301 17 18. 19. 20. Name: Title: JoAnn Reeves Eric Olson Artistic Director Managing Director 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. Our budget is based solely on ticket sales and individual donations. Funds from this grant would be earmarked for marketing expenses including maintenance of the PlayHouse's website, promotional materials (posters/fliers) and other expenses related to the creation of those materials. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. By continuine to Brow the La Ouinta PlayHouse, we hope to further build Old Town La Ouinta into an entertainment destination in the evenings. This will further benefit the restaurants and shops not only in the Old Town complex, but in other areas outside of Old Town Attach copies of the last three months bank statements for the Organization's checking and savings account. 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. 302 T4ht 4 4 Qumr(v COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Consideration of Funding for the Western Coachella Valley Regional Homeless Multi - Service Center Operations in the City of Palm Springs RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The County of Riverside is providing an annual contribution of $857,000 through funding from its two Desert homeless programs leaving an estimated $1,023,805 in operational costs to be funded by the Coachella Valley Association of Governments (CVAG) jurisdictions (which includes the Agua Caliente Band of Cahuilla Indians and the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage). The annual contribution from each of the jurisdictions is $102,380.50 per year for a ten year period. In Fiscal Year 2009/2010 funding for a homeless shelter is currently not allocated and would need to come from the General Fund Unallocated Reserves (Account No. 101-0000-290.00-00). In order to be compliant with the California Debt Limitation contained in the California Constitution, the City's obligation to make the payments for future fiscal years must be contingent upon each future City Council's appropriating funds for said purpose as part of its annual appropriation process. CHARTER CITY IMPLICATIONS: None. 303 BACKGROUND AND OVERVIEW: The need for shelters in the Coachella Valley has been an ongoing concern that has been voiced by homeless service organizations and the cities of Indio and Palm Springs for the last five years. On June 26, 2006, CVAG created a Homeless Task Force that developed the CV - SOS Program (Coachella Valley Services and Overnight Shelter) Program. This program, still in existence, uses faith based organizations across the Coachella Valley, for overnight shelter. The Homeless Task Force which was a subcommittee of CVAG's Human and Community Resources Committee initiated the creation of a formal Homelessness Committee to develop a Strategic Plan (Attachment 1) of homelessness with the first priority being the creation of a Western CV Homeless Shelter. On September 28, 2008, the CVAG Executive Committee took action relative to the funding of the operations of the Western Coachella Valley Regional Homeless Multi -Service Center. It was moved and seconded to use an "across the board" method equally dividing the total remaining operations of $1,023,805 by the nine cities and the Ague Caliente Tribe; with each party taking into consideration the ability to "write or increase" their contribution; that the individual and equal contribution be limited "or capped" to the amount determined using the total estimated operations of a ten (10) year period that is congruent with Riverside County's Continuum of Care 10 Year Plan to End Homelessness; and that the Homelessness Committee continue to monitor the Multi -Service Center. At this Executive Committee meeting the cities of Desert Hot Springs, Indio, and Rancho Mirage voted no. The Agua Caliente Band of Cahuilla Indians abstained. In order to help offset the costs to the jurisdictions; CVAG staff is moving forward with execution of an agreement with the Regional Access Project (RAP) Foundation in Palm Desert to serve as CVAG's fiscal consultant which will allow staff to file major grant applications, which may include a regional application for funding for homeless shelters through the 2009 American Reinvestment and Recovery Act. Also, a federal appropriations application was recently sent to Senator Feinstein's Office requesting funds for operations. On February 20, 2009, Coachella Valley Association of Governments (CVAG) sent a letter (Attachment 2) to all City Mayors requesting financial contributions to operate the Western Coachella Valley Regional Homeless Multi -Service Center. The facility is 47,880 square feet located at 19533 McLane Street in north Palm Springs. The commercial warehouse building was purchased through a bond issuance from the County -Palm Desert Finance Authority for $5 million dollars and will include approximately $2 million dollars in tenant improvements. 2 304 The Center will feature emergency shelter beds for 120 men, women and families; case management services; a full kitchen and dining area to provide three square meals per day; other core services such as veteran's assistance; HIV/AIDS; women's services; job training and education. A "Mental Health Safehaven" for chronically homeless clients with a diagnosis of mental illness; and a mental health clinic are also part of the Center. Transportation will be provided to transport homeless clients to services, e.g., social security, DMV, and job search opportunities. Transportation pick up and drop off points will be established to also transport homeless clients to and from the Center who do not desire emergency shelter. The Multi -Services Center (to be formally named the Desert Resource Center) is planned to open January 1, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Coachella Valley Association of Governments (CVAG) request for an annual funding contribution of $102,380.50 for the next ten years, contingent upon each future City Council's appropriating funds for said purpose as part of its annual appropriation process, to operate the Western Coachella Valley Regional Homeless Multi -Service Center in the City of Palm Springs; or 2. Do not approve the Coachella Valley Association of Governments (CVAG) request for an annual funding contribution of $102,380.50 for the next ten years to operate the Western Coachella Valley Regional Homeless Multi - Service Center in the City of Palm Springs; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager ....3 305 Attachments: 1. Strategic Plan 2. Letter dated February 20, 2009 306 0 ATTACHMENT 1 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' (CVAG) HOMELESSNESS COMMITTEE GJP�a�°' aa� Go��QQ1 STRATEGIC PLAN to END HOMELESSNESS July 2007 through July 2010 Summary: During the spring of 2007 CVAG's Homelessness Committee (see Appendix A) embarked on a series of planning and resource exploration initiatives. The Committee made the strategic decision to coordinate valleywide planning efforts for homelessness under the broader recommendations developed as part of the County of Riverside's 10 Year Plan to End Homelessness (see Appendix B). Initially, two phases for the strategic planning process have been established. The first phase focuses on the development of two (2) Multi -Service Centers (MSC). Cook Street was determined to be the geographic east/west boundary to serve as a context for sharing the burden of serving Valley homeless. One MSC will be developed east of Cook Street to serve the eastern Coachella Valley jurisdictions and the other MSC will be located west of Cook Street for service to the western Coachella Valley. The mission of the two MSCs will be to provide comprehensive support services to promote progress towards permanent housing and self-sufficiency. Both MSC's will be designed to provide one -stop access to resources for individuals and families experiencing homelessness or are at -risk of homelessness. A wide array of supportive services are envisioned including but not limited to basic amenities such as showering/personal care and laundry, to street outreach, transportation, childcare, medical care, mental health services, integrated case management, food and housing. The Homelessness Committee is currently supported by four subcommittees that have been established to work on the objectives detailed under each of this Plan's four Strategic Goals. These subcommittees are: Site Planning; Program Planning; Finance; and, Public Relations. CVAG Homelessness Committee 36 Month Plan �� 307 Phase Two of the planning will commence at such time that the activities in the first phase have moved towards implementation. Phase Two will focus on the recommendations in the County of Riverside's 10 Year Plan to End Homelessness that were not addressed during Phase One. Encapsulated within a thirty-six (36) month timeline, this Plan will be operationalized in July of 2007 and is scheduled to conclude in July 2010. The Strategic Plan includes: 4 Strategic Goals 12 Objectives in support of the goals, and 28 Methods that will achieve the objectives and lead toward goal attainment Each goal has been given a timeline for completion and oversight responsibility has been assigned to CVAG's Homelessness Committee in order to carry out the work and to evaluate the measure of success associated with each unique Strategic Goal. . 308 CVAG Homelessness Committee 36 Month Plan Objectives) #1.1 Support the creation/development of the Western Valley Multi -Service Center #1.2 Support the creation/development of 225 shelter beds (50% for individuals and 50% for families) of 225 units of transitional housing (60% for individuals and 40% for families) of 200 units of permanent supportive housing (90% for individuals and 10% for families) subsidies for 200 units of permanent affordable housing (o to 3 bedroom FMRs) Method(s) 4b. Acquire best sites(s) 4c. Develop MSC la. Identify 3-5 sites 1 b. Acquire best site(s) 1c. Develop shelter 2b. Acquire best sites(s) 2c. Develop units 3a. Identify 3-5 sites 3b. Acquire best sites(s) 3c. Develop units 5a_Identtfy subsidy__ funding source(s) 5b. Determine vehicle for implementing and managing subsidy Timeline for Completion 4a. September 2007 4b. December 2007 4c. December 2009 la. September 2007 1 b. December 2007 1c. June 2010 2a. September 2007 2b. December 2007 2c.June 2010 3a. September 2007 3b. December 2007 3c. June 2010 5a. June2002____ 5b. June 2009 Responsibility Homelessness Committee & Subcommittees CVAG Homelessness Committee & Subcommittees Homelessness Committee & Subcommittees Homelessness Committee & Subcommittees Homelessness Committee & Subcommittees CVAG Homelessness Committee 36 Month Plan 309 Objective(s) Method(s) Timeline for Responsibility Completion #2.1 Support the creation/development of the Western Valley Multi -Service Center 3a. Identify 3-5 sites 3a. September 2007 I CVAG 3b. Acquire best sites(s) 3b. December 2007 Homelessness 3c. Develop MSC 3c. December 2008 Committee & Subcommittees #2.2 Support the 1a. Identify 3-5 sites 1a. September 20D7 CVAG creation/development 1b. Acquire best sites) 1b. December 2007 Homelessness of 100 shelter beds 1c. Develop shelter 1c. June 2010 Committee & (60% for individuals and Subcommittees 40%for families) of 250 units of permanent supportive housing (90% for individuals and 10% for families) 2b. Acquire best sites(s) 2b. December 2007 Homelessness 2c. Develop units 2c. June 2010 Committee & Subcommittees #2.4 Provide rental 4a. Identify subsidy 4a. June 2009 CVAG subsidies for 200 funding source(s) Homelessness units of permanent 4b. Determine vehicle 4b. June 2009 Committee & affordable housing to for implementing and Subcommittees to 3 bedroom FMRs) managing subsidy nrnnrnm CVAG Homelessness Committee 36 Month Plan e" ' 310 Objectives) I Method(s) I Timeline for I Responsibility 3.1 Deliver a wide array 1a. Services providers will be 1a. June 2008 CVAG of supportive services recruited to provide include: Homelessness in each of the two Committee & MSCs. Day to Day Site Mgmt. Subcommittees • Intake and Assessment • Commercial Meal Prep. Child Care • Laundry • Showers and Personal Care • Mailboxes • Leaming/Resource Center • Physical Health Behavioral Health • Dental Care • Mainstream Benefits • Storage Lockers • Security • Food Pantry • Clothing • Job Training/Day Placement - --- --- - Transportation Kennels for Pets • Parking • Sobering Unit • Bus Stop • Immigration Services • Recreation Services • Cottage Industries 3.2 Secure funding to 3a. Secure revenues to fully September 2008 CVAG support the annual pay for service delivery and Homelessness operating costs of each administration of programs for Committee & of the two MSCs. each of the two MSCs. Subcommittees CVAG Homelessness Committee 36 Month Plan ...... r; 311 Objective(s) 4.1 Build public support for both MSCs within the Coachella Valley. Method(s) Hall Meetings 1 b. To develop policies that will govern the MSCs to demonstrate effective oversight 1c. Promote pro - homeless articles in valley newsletters 1 d. To create CVAG website on projects for public to track progress le. Hold informational workshops for valley faith -based partners 1f. Encourage broader 211 linkage marketing campaign 1g. Make presentations to valley Chambers of Commerce_ 1 h. Make presentations to valley City Councils 1i. Make presentations to Desert Resorts and Tourism trade associations 1j Incorporate any changes from public input into the Strategic Plan Timeline for Completion 1a. December 2007 1 b. May 2008 1c. Immediate and On -going 1d. December 2007 le. Immediate and On -going 1f. December 2007 1g. Immediate and On -going 1h. December 2007 1i. Immediate and On- going 1j Immediate Responsibility Committee & Subcommittees CVAG Homelessness Committee 36 Month Plan 312 Appendix A CVAG's Homelessness Committee Members Last Name First Name Jurisdiction/Agency Title Subcommittee Ramos -Watson Lupe Committee Chair Vasquez Chuck Committee Vice Chair Villarreal Jesse Parks Yvonne Mullany Patrick Osborne Lee Benson Jean Foat Ginny Semen Alan DeLara Leticia EX-OFFICIO MEMBERS: Riddle Frankie Burkett Darla Johnson Chuck Bass Dan Castorena Claudia MCAdara (6/07) Kathy (Merritt) (Karen) Kramer Jeffrey MCMicheaux Tahlib STAFF SUPPORT: Kerr Aurora Stewart, PhD Ron Indio Mayor Pro Tem Public Relations, Chair Cathedral City Councilmember Site Planning Coachella Mayor Pro Tem Public Relations Desert Hot Springs Councilmember Site Planning Indian Wells Councilmember Program Planning La Quints Councilmember None Selected Palm Desert Mayor Pro Tem Public Relations Palm Springs Councilmember Site Planning, Chair Rancho Mirage Councilmember None Selected County of Riverside Legislative Assistant Finance Planning City of Palm Desert Dir. of Social Services Public Relations CV Rescue Mission Executive Director Program Planning, Chan Episcopal Com. Service Program Manager Program Planning Jewish Family Service Executive Director Program Planning Martha's Village Division Director Program Planning SafeHouse of the Desert Executive Director Public Relations Shelter from the Storm The Well in the Desert CVAG County of Riverside Chief Financial Officer Dir. of Social Services Community Resource Dir. DPSS Admin Manager Finance Planning Site Planning Finance Planning Process Facilitator CVA( 'iomelessness Committee 36 Month Plan 313 CVAG's Homelessness Committee Members Last Name First Name STAFF SUPPORT cont'd: Marquez Maria Lundquist, PhD David Hutchinson Jon Rameriz Emilio White Jody Cook Dale JurisdictionlAaencv Title Subcommittee County of Riverside Mental Health Service Mgr. Finance Planning County of Riverside Mental Health Reg. Mgr. Program Planning County of Riverside Dep. Dir. Real Estate Site Planning County of Riverside Econ. Development Finance Planning, Chair County of Riverside Staff Analyst None Selected Palm Springs Community Dev. Admin. Program Planning CVAG Homelessness Committee 36 Month Plan • ^ 314 Appendix B Riverside County's 10 Year Plan to End to Homelessness (draft and not yet adopted by the County Board of Supervisors) The First Five Years of Implementation (2007-2012) Area of Core Focus Recommendations Target Date for Completion Preventing New 1. New Prevention Strategies (including 2007-2012 Homelessness Multi -Service Centers 2. Dischar a Planning Coordination 2007-2012 Ending Chronic 3. Street Outreach Teams (1+ in each 2007-2012 and Episodic Su ervisorial District Homelessness 4. Shelter Bed Creation (150 beds 2007-2012 County -wide) 5. Transitional Bed Creation (225 beds 2007-2012 County -wide) 6. Perm. Supportive Housing Creation 2007-2012 500 beds County -wide) 7. Permanent Affordable Housing 2007-2012 Creation 1,500-urdtsCoant wide 8. Provider Participation in HMIS (all 2007-2008 HUD funded beds firstpriority) 9. Mainstream Resources — Benefit 2007-2009 Application Streamlining (County) Creating 10. Housing Trust Fund Creation 2007-2008 Resources to 11.Inclusionary Housing Policy Adoption 2007-2010 Combat (County -wide and Locally) Homelessness CVA'3 Homelessness Committee 36 Month Plan Appendix C Notes on Site Selection and Capital Development • East and West MSCs & housing products (shelter, transitional and permanent supportive housing) may be on one large site or divided up and scattered. • If on one site - site should be 10 acres or more. • Ideal zoning includes commercial, high density, mixed use. • Sites must be appropriately located to community amenities in order to score points for funding applications (e.g. markets, transportation, libraries, employment, etc.). • County unincorporated land would be preferable. • First priority to be the development of the Western MSC. • MSCs may require 16,000 square feet of usable space and require ample on -site parking for customers and staff. CVAG Homelessness Committee 36 Month Plan CVAG ATTACHMENT 2 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Quints • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians February 20, 2009 The Honorable Don Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, California 92247 RE: Contribution to Operations of Western Coachella Valley Regional Homeless Multi - Service Center Dear Mayor Adolph: At their meeting of September 281h, the CVAG Executive Committee took action relative to the funding of the operations of the Western Coachella Valley Regional Homeless Multi -Service Center (MSC). Two funding formula recommendations were considered: (See attached staff report dated September29, 2008). 1) One from the CVAG Technical Advisory Committee which recommended Option 2A using employment, population and standardized credit as criteria to determine each jurisdiction's contribution. 2) The other recommendation came from the Homelessness Committee which recommended an "across the board" method equally dividing the total remaining operations of $1,023,805 by the nine cities and the Agua Caliente Band of Cahuilla Indians; with each party taking into consideration the ability to "write or raise" their contribution. The amount therefore is $102,380.50. Minutes from the September 29'h Executive Committee meeting are as follows: "It was moved by Mayor Pougnet and seconded by Mayor DeRosa to use an "across the board" method equally dividing the total remaining operations of $1,023,805 by the nine cities and the Agua Caliente Tribe; with each party taking into consideration the ability to "write or raise" their contribution; that the individual and equal contribution be limited "or capped" to the amount determined using the total estimated operations of Phase 1 for a ten (10) year period that is congruent with Riverside County's Continuum of Care 10 Year Plan to End Homelessness; and that the Homelessness Committee continue to monitor the Multi -Service Center" There were three cities that voted no: Desert Hot Springs, Indio and Rancho Mirage. The Agua Caliente Band of Cahuilla Indians abstained. 317 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (760) 340-5949 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Letter to Mayor Don Adolph Page 2 of 2 Pages February 20, 2009 In follow-up to that action and in consideration of your jurisdiction's preparation of its budget for fiscal year 2009-10, we ask that your City Council agendize this item to determine your jurisdiction's financial participation in the operations of the MSC. At the September 2008 meeting, discussion also ensued relative to the ability of one or more cities to contribute their fair share while one or more cities may be able to contribute over and above the $102,385 annual operations amount. As the County begins tenant improvements to the MSC, it is critical that we know how much funding will be available for the operations of this facility. CVAG recently released a Request for Proposals for an operator or operators of the three main components of the shelter: food, transportation, and shelter. Initial indications are that the estimated $1,023,805 that is needed for the complete operations is not far from what the actual costs will be. In order to help offset the costs to the jurisdictions, CVAG staff is moving forward with execution of an agreement with the Regional Access Project (RAP) Foundation in Palm Desert to serve as CVAG's fiscal sponsor which will allow staff to file major grant applications. Also, a second federal appropriations application was recently sent to Senator Feinstein's Office requesting funds for operations. The Multi -Services Center (to be formally named the Desert Resource Center) will be ready to open beginning January 1, 2010. We hope to have the operator(s) of the MSC in place by May or June. Staff is available to attend your City Council meeting to provide additional information relative to your consideration to participate in the MSC (Desert Resource Center). Feel free to contact me or Aurora Wilson at 346-1127 for further information. I look forward to hearing from you soon. Sinc rel , L nInterimDirector :attachment cc: The Honorable Kristy Franklin, Councilmember and Homelessness Committee Member Tom Genovese, City Manager 31.8 COACHELLA VALLEY ASSOCIATION of DATE: September 29, 2008 G09`� gRNMENTS recOjn 8IV,- axec caploeaf a nt b 01) anal nea04zf4. 10 Yearlo7 bet the jomAe on pe�to0 irytt Qa/-1 Qee or TO: HOMELESSNESS EXECUTIVE COMMITTEE, COMMITTEE ADVISORY COMMITTEE AND FROM: Aurora Wilson, Director i2 Department of Community Resources RE: Funding Formula Recommendations for the Western Coachella Valley Homeless Multi -Service Center STAFF RECOMMENDED MOTION: That the Executive Committee consider the two recommended Technical Advisory Committee and Homelessness Committee funding formula options listed below and determine which formula will be used for the funding of the operations of Phase I of the Western Coachella Valley Multi -Service Center (MSC). Technical Advisory Committee: The funding formula presented as Option 2A using employment, population and standardized credit. (9112108). Homelessness Committee: That an alternative formula be considered using an "across the 5 by the nine board" method equally dividing the total remainingop taking cities and the Agua Caliente Tribe; with each party into consideration the ability to write or raise" their contribution . The TAC should also be prepared to formally discuss what they are able to commit for fiscal year 2009-10 (9117108). BACKGROUND: The joint meeting of the Executive, Technical Advisory, and Homelessness Committees was approved on June 2nd by the Executive Committee at the request of the Homelessness Committee to take action on funding of the Phase 1 of the Western Coachella Valley Homeless Multi -Services Center (MSC). Phase I includes up to 150 emergency shelter beds (which includes a temporary expansion for the hot/cold weather shelter), a full service kitchen, dining room, and an Access Center as well as the County's SafeHaven Program and its accompanying full service partnership d oflinic. is ors total estimated cost of operations for Phase I is $1,880,584. The County (pending is providing an annual contribution of $857,000 through funding from its two Desert homeless programs (the SOS Program and Nightengale Manor) leaving an estimated $1 02y 3 805 in . . ._ �_._�_A ".,«tio rvar iurisdictions. ACTIO g THE TAC (7/11/08 & 9112/08): In preparation for this joint meeting, the Technical Advisory Committee (TAC) held two workshops: July 11`" and September 12th; to discuss and recommend a funding option. At the July 11'" workshop, the TAC rejected the proposed CVAG membership funding formula (using assessed valuation and population) and recommended that CVAG Staff create additional ed that the following factors be considered: population; formulas as options. TAC recommend jobs/unemployment rates; and credit for cities with emergency shelters within and adjacent to their 9 ITEM 3A 319 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Executive, Technical Advisory & Homelessness Committees Page 2 of 3 Pages September 29, 2008 jurisdictions. (For credit explanation, see Attachment 1.) At the September 12' TAC Workshop, a total of six (6) formulas were presented: three basic formulas with three variations. Following a lengthy discussion, option 2A was selected by the TAC. Option 2A uses employment, population and standardized credit to determine the contribution (See Attachment 2). The nine Coachella Valley cities, the County and the Agua Caliente Tribe were present. Three cities voted no: Indio, Desert Hot Springs and Cathedral City. With regards to their no vote, several issues surfaced: 1) Indio: Although the creditwas created by TAC to address the burdens to cities such as Indio with more than 100 emergency shelter beds, the 25% credit was insufficient; 2) Desert Hot Springs: Parolees in the city's boundaries remain a high priority and need to be addressed first before considering the homeless issues; 3) Cathedral City: The use of the credit creates a benefit for the City of Palm Springs but does not apply to Cathedral City forcing their contribution to be the highest ACTION BY THE HOMELESSNESS COMMITTEE (9/17/08) At the September 17th Homelessness Committee meeting, staff presented an overview of the presentation made to the TAC on September 12th, the discussion and concerns expressed by TAC members and the recommendation for Option 2A with a no vote from the three cities. The following are major discussion points brought up by the Homelessness Committee Concern was expressed that buy -in and ownership of the homeless issue by each community and their residents is critical to the success of the MSC. Homelessness is not a county problem, it is a valleywide problem that all cities should accept. Members added that fundraising is an important component that cities should consider in order to diminish their contribution. Cities should not have to bear the entire burden. No matter the amount of the contribution, given the current economy, there may be a jurisdiction that may be able to provide a portion of their contribution or does not have the ability to pay any amount of their contribution. An ability for each jurisdiction to "write or raise" their contribution was also encouraged to help offset those jurisdictions that cannot provide the equal contribution. The fairness of the "credit" allowance in Option 2A recommended by the TAC. The Committee recommended motion passed with the cities of Desert Hot Springs, Palm Desert and Rancho Mirage voting no. The cities of Coachella and La Quinta were not present. Attachment 3 shows the TAC recommendation of Option 2A and the Homelessness Committee's recommendation of equal contributions. (See Attachment 3). 10 32.0 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Executive, Technical Advisory & Homelessness Committees Page 3 of 3 Pages September 29, 2008 OTHER ITEMS: The County's participation in the formula as recommended by TAC and as recommended by the Homelessness Committee: The County's contribution to the Western Coachella Valley MSC includes: 1. As of September 12'', the County is now the legal owner of the McClane Building funding the $4.9 million purchase through a bond issuance; 2. The County will fund Phase 1 of the tenant improvements, approximately $1 million; 3. Provide an annual operational contribution of approximately $857,000 through funding from its two (2) current homeless programs in the Desert: the SOS Program and Nightengale Manor (pending the Board of Supervisors approval for fiscal year 2009-10) Given the County's substantial pledge (in operations and their capital expenses for the building and tenant improvements), they will not consider any additional operational contribution. The County has also expressed a willingness to explore concerns expressed at the TAC relative to eastern Coachella Valley cities contributions and support of homeless services in the eastern Coachella Valley and redirecting those funds to the Western Coachella Valley MSC. Participation by Tribal Members: Staff have been unable to identify a fair way to directly assess the Tribes in this formula without duplicating counts of employment, population or assessed valuation. Therefore, in accordance with past action, the Tribes will be asked to participate in the amount equal to the lowest jurisdiction. This is the current practice for their CVAG membership. The contribution will vary based upon which formula is chosen. To date, only the Ague Caliente Band of Cahuilla Indians has participated in discussions regarding this funding formula. A request to consider financial participation will be sent to the three Tribal members. Due to their past participation and ability to pay, of the three tribes, only the Ague Caliente Band of Cahuilla Indians has the financial capability to consider a contribution. Funding Sources: Sources of funding for cities to use for their contribution to the operational costs include: 1) amendment of RDA pass through agreements, 2) CDBG funds and 3) general fund or Special Assistance funds and 4) Coachella Valley Tourism Business Improvement District (BID). Other Funding_ Sources: Staff continues to look at other funding sources from state and federal sources, as well as private foundations. A Request for Proposals (RFP) has been issued for a "fiscal sponsor" or 501(c)(3) to be selected by CVAG. This fiscal sponsor will accept grant funding on behalf of CVAG to be used for homeless services relative to the Homelessness Strategic Plan. :Attachments 11 321 ATTACHMENT 1 STANDARDIZED CREDIT FORMULA FORMULA OPTIONS 1A, 22A 3A At the July 111" Technical Advisory Committee meeting, it was recommended that a credit of 25% be awarded to jurisdictions bearing the greatest burden from the Emergency Shelters with 100-250 beds throughout the Coachella Valley. NOTE: Emergency Shelter Beds are defined by the U.S. Department of Housing and Urban Development as: "any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of homeless persons. The length of stay can range from one night up to as much as three months. " According to the city managers, the premise for awarding this credit is that jurisdictions that have emergency shelter beds within or adjacent to their boundaries have/will have significant strain or burden on their resources, including police, fire and emergency services, etc. As this cost cannot be fully determined, a standardized format or standardized credit formula is being used to award credit. It was also discussed that a portion of the 25% credit be awarded based on a jurisdiction's proximity to shelters. Therefore, those jurisdictions whose boundary lines or spheres of influence are adjacent (less than 1 mile) from a shelter with emergency shelter beds will receive a 12.5% credit. The credit baseline is assessed upon the jurisdiction that currently has the presumed maximum amount of burden: the City of Indio. Indio has 100 Emergency Shelter beds located within its boundaries through Martha's Village and 80 other beds adiacent to their city through the Coachella Valley Rescue Mission. Therefore, given the presumption that Indio has the greatest burden; the remaining member jurisdictions will be assessed within a formula based on Indio's assessment. TWO TYPES OF CREDIT: 1, CREDIT FOR JURISDICTIONS WITH 100 — 250 EMERGENCY BEDS WITHIN A JURISDICTION = 25% a. All cities with 100-250 shelter beds within their jurisdictions will receive a predetermined amount based on 25% of Indio's assessment. b. FOR EXAMPLE: if the City of Indio is to be assessed $100,000, their credited amount would be $25,000; other jurisdictions with 100 — 250 emergency beds within their individual jurisdiction will receive the same amount of credit and no more. c. The following jurisdictions eligible for a 25% Credit: i. The City of Indio for 100 Emergency beds at Martha's Village & Kitchen ii. The City of Palm Springs for 150 planned Emergency beds at the Western Regional Homeless MSC. 2. CREDIT FOR JURISDICTIONS WITH 100 — 250 EMERGENCY SHELTER BEDS ADJACENT TO THEIR BOUNDARIES = 12.5% a. All cities with 100-250 shelter beds adjacent to their jurisdiction or sphere of influence boundaries will receive a predetermined amount based on 12.5% of Indio's assessment. (Adjacent = less than 1 mile from jurisdiction/sphere of influence boundaries). b. FOR EXAMPLE, if the City of Indio is to be assessed $100,000, the adjacent jurisdictions will receive 12.5% of Indio's assessment, or a $12,500 credit. c. The following jurisdictions eligible for a 12.5% Credit: i. The City of Coachella for 100 Emergency Beds at Martha's Village & Kitchen; .75 miles from City limits ii. The City of Desert Hot Springs for 150 Planned Emergency beds at the Western Regional Multi -Service Center in Palm Springs; .4 miles from the city's Sphere of Influence Boundaries 1� 322 W ATTACHMENT FORMULA OPTION 2A Employment, Population & Standardized Credit EQUATION: 1/2 is percentage of total population and 112 is percentage of employed + unemployed, then standardized credit is subtracted. JURISDICTION 2007 POP % of TOTAL POP ASSMT EMPL UNEMPL TOTAL LABOR FORCE % of TOTAL EMPL ASSMT SUB- TOTAL % CRDT CREDIT AMT TOTAL ASSMT CATHEDRAL CITY 52,115 14.85% $88,130 24,500 1,600 26,100 17.46% $103,619 $191,749 0.0% $0 $191,749 COACHELLA 38,486 10.97% $65,103 10,500 1,200 11,700 7.83% $46,469 $111,572 12.5% $29,710 $81,861 DESERT HOT SPRINGS 23,544 6.71% $39,822 8,400 800 9,200 6.15% $36,498 $76,320 12.5% $29,710 $46,609 INDIAN WELLS 4,942 1.41%E$69,495 1,700 0 1,700 1.14% $6,766 $15,133 0.0% $0 $15.133 INDIO 77,146 21.99% 25,200 1,800 27,000 18.06% $107,180 $237,684 25.0% $59,421 $178,263 LAQUINTA 41,092 11.71% 14,700 500 15,200 10.17% $60,356 $129,851 0.0% $0 $129,851 PALM DESERT 49,752 14.18% 24,700 900 25,600 17.12% $101,602 $185,755 0.0% $0 $185,755 PALM SPRINGS 46,858 13.35% 25,300 1,3001 26,6001 17.79% $105,578 $184,806 25.0% $59,421 $125,385 RANCHO MIRAGE 16,944 4.83% $28,664 6,100 300 6,400 4.28% $25,400 $54,065 0.0% $0 $54,065 SUBTOTALS 350.8791 100.0% $593,468 141,100 8,400 149,500 100.0% $593,468 $1,186,935 $178,263 $1,008,672 AGUA CALIENTE B.C.I. $15,133 RIVERSIDE COUNTY $856,779 TOTAL $1,880,584 Assumptions: 1. The total operational cost for Phase 1 is $1,880,584 2. The County is able to contribute $856,779 per year, estimated based on the amount allocated for FY 08/09. Any amount for FY 09110 will be subject to Board of Supervisors' approval. 3. Population numbers source: Demographic Research Unit, Department of Finance, State of California as of January 2007. 4. Employment and Unemployment numbers source: 2007 California State's Employment Development Department report. 5. The Total Labor Force is the combination of employed and unemployed individuals who are RESIDING in a jurisdiction. 6. Standardized credit determined to be 25% of Indio's assessment for those jurisdictions with 100 - 250 emergency shelter beds within their W N. boundaries and 12.5% of Indio's assessment for those with 100 - 250 emergency shelter beds adjacent to their jurisdiction/sphere of influence W boundaries. ATTACHMENT 3: RECOMMENDED FORMULAS FOR THE OPERATIONS FOR THE WESTERN COACHELLA VALLEY MULTISERVICE CENTER JURISDICTION TAC RECOMMENDED OPTION: Population & Employment HOMELESSNESS COMMITTEE RECOMMENDED OPTION: Evenly Divided Recommended by Technical Advisory Committee on 9/12/08 Formula Option 2A Recommended by Homelessness Committee on 9117108 AGUA CALIENTE BAND OF CAHUILLA INDIANS $15 133 $102,380.5 CATHEDRAL CITY $191,749 $102,380.5 COACHELLA $81, 861 $102,380.5 DESERT HOT SPRINGS $46,609 $102,380.5 INDIAN WELLS $15,133 $102,380.5 INDIO $178,263 $102,380.5 LA QUINTA $129,851 $102,380.5 PALM DESERT $185,755 $102,380.5 PALM SPRINGS $125,385 $102,380.5 RANCHO MIRAGE $54,065 $102,380.5 RIVERSIDE COUNTY $856,779 $856,770 TOTAL OPERATIONAL COST NEEDED* $1,880,584 $1,880,584 *Amounts are approximate Assumptions for TAC Recommended Option: 1. Population numbers source: Demographic Research Unit, Department of Finance, State of California as of January 2007. 2. Employment and Unemployment numbers source: 2007 California State, s Employment Development Department report. 3. The Total Labor Force is the combination of employed and unemployed individuals who are RESIDING in a jurisdiction. 4. Standardized credit determined to be 25% of Indio's assessment for those jurisdictions with 100 - 250 emergency shelter beds within their boundaries and 12.5% of Indio's assessment for those with 100 - 250 emergency shelter beds adjacent to their jurisdiction/sphere of influence boundaries. 5. Should the Agua Callenle Band of Cahuilla Indians choose to participate the amount will be equal to the lowest assessed jurisdiction (same as the contribution in the CVAG membership formula). 6. TAC Vole: Ayes - 9; Noes - 3 with Noes from the Cities of Cathedral City, Desert Hot Springs and Indio. Assumptions for Homelessness Recommended Option: G.W 1. Should the Agua Caliente Band of Cahuilla Indians choose to participate, the amount will be equal to the other jurisdictions. IV 2. Homelessness Committee Vote: Ayes - 5; Noes - 3 with Noes from the Cities of Desert Hot Springs, Palm Desert and Rancho Mirage. 1zt. La Quinta and Coachella were not in attendance. Tjhf 4 4 a" COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Consideration of On -Site Improvements Associated with Tract Map Nos. 30096-1 and 30096-2, Puerta Azul, Puerta Azul Partners, LLC RECOMMENDATION: AGENDA CATEGORY: a BUSINESS SESSION: ✓ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map Nos. 30096-1 and 30096-2, Puerta Azul, Puerta Azul Partners, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Maps Nos. 30096-1 and 30096-2, Puerta Azul, are located west of Madison Street and north of Avenue 58 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, signing, striping, and asphalt concrete pavement. Attachment 2 indicates the amount of the warranty securities. Attachment 3 is a letter dated April 17, 2009 from homeowners of Puerta Azul. Attachment 4 is a letter dated April 13, 2009 from homeowners of Puerta Azul. Attachment 5 is a letter from Christina Baine DeJardin, the attorney representing the Puerta Azul, Inc. Homeowners Association. The letter characterizes the City as being 325 "dissatisfied" with the onsite improvements due to the multiple "punch lists" that were issued on this project. Punch lists are used to determine outstanding improvements at the time of inspection that the developer must complete before the project can be scheduled for final acceptance by the City Council. The lists are often edited after the fact when other information comes to light regarding such things as whether or not the improvements were included on the approved plans or whether or not the improvements were installed correctly and then turned over to the HOA to maintain. The punch lists do not indicate dissatisfaction but only the state of the improvements at the time of inspection. Prior to the creation of the February 9, 2009 punch list staff, in good faith, staff met with representatives of the Puerta Azul Homeowners Association (HOA) and added their items of concern to the City punch list. No mention was made of the prior release by the HOA of any of the onsite improvements by the HOA representatives. Subsequently, the City received a letter dated March 6, 2009 from Rick Zeilenga, the attorney representing the developer, refuting all of the punch list items that were associated with landscaping (Attachment 6). He asserted that all of the landscaping improvements were covered by bonds that were previously held by the California Department of Real Estate (DRE) which were already exonerated by a representative of the Puerta Azul HOA. Upon closer examination of the evidence that Mr. Zeilenga presented, staff agreed with his conclusion and the punch list was revised and the onsite landscape items were removed. It is clear from Exhibit B of the Subdivision Improvement Agreement that landscaping improvements were not part of the bonded improvements. Additionally, the City normally does not ask developers to "double bond" (i.e. bond with DRE and the City) for improvements as it is extremely costly and unnecessary for developers to do so. Under "Association Dissatisfaction with Improvements" Ms. DeJardin also states that the HOA was misled by the developer in releasing the DRE bonds. In their letter dated April 30, 2009, Mark P. Rockwell, managing member of Puerta Azul Partners, LLC, refutes these claims (Attachment 7). The developer has now completed the balance of the punch list items which included completing ADA parking stall improvements that had not been installed per plan. Staff believes that all improvements have been completed and therefore recommends acceptance of the onsite improvements for both phases of this development project. 326 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site improvements associated with Tract Map Nos. 30096-1 and 30096-2, Puerta Azul, Puerta Azul Partners, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map Nos. 30096-1 and 30096-2, Puerta Azul, Puerta Azul Partners, LLC and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, jmothy . on on, P.E. Public Wor s ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Maps 2. Warranty Security Exhibits 3. Letter dated April 17, 2009 from Puerta Azul homeowners. 4. Letter dated April 13, 2009 from Puerta Azul Homeowners 5. Letter from Christina Baine DeJardin dated April 29, 2009 327 6. Letter from Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP dated March 6, 2009. 7. Letter from Puerta Azul Partners, LLC dated April 30, 2009, 328 TM 30096-1 PUERTA AZUL City of La Quinta TRACT MAP No. 30096-1 a AVENUE 58 ATTACHMENT 1 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 5, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30096-1, Puerta Azul APPLICANT: Mr. George Robertson, Pacific Santa Fe Corporation ON 329 TM 30096-2 PUERTA AZUL Ca TRACT MAP No. 30096-2 U 52nd 53rd 54th r N 58th V I C I N I T I NOT TO SCALE CITY COUNCIL MEETING: May 5, 2009 AVENUE AVENUE AVENUE AVENUE IN W .J owl ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30096-2, Puerta Azul APPLICANT: Mr. George Robertson, Pacific Santa Fe Corporation 330 ATTACHMENT 2 WARRANTY SECURITY TM 30096-1 Development Name: Puerta Azul ON -SITE IMPROVEMENTS Performance Security' Improvement Descrition Labor & MaterialS2 Performance Amount Proposed Reduction WARRANTY AMOUNTS Grading $272,916 $272,916 90% $27,292 Streets & Storm Drain $586,685 $586,685 90% $58,669 Domestic Water $112,687 $112,687 90% $11,269 Sanitary Sewer $87,000 $87,000 90% $8,700 Dry Utilities $140,000 $140,000 90% $14,000 Monumentation $10,000 $10,000 100% $0 Standard Contingency 10% $120,929 $120,929 100% $0 Professional Fees Construction, 10% $133,022 $133,022 100% $0 Professional Fees (Design, 10%) $18,626 $18,626 100% $0 Totals $1,481,864 $1,481,865 $119,929 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. S WARRANTY SECURITY (10% of Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 1.. 331 WARRANTY SECURITY TM 30096-2 Development Name: Puerta Azul ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materialsz Performance Amount Proposed Reduction WARRANTY AMOUNT Street Improvements $181,920 $181,920 90% $18,192 Domestic Water $75,210 $75,210 90% $7,521 Sanitary Sewer $79,290 $79,290 90% $7,929 Dry Utilities $210,000 $210,000 90% $21,000 Monumentation - $10,000 100% $0 Standard 10% Contingency $54,642 $55,642 100% $0 Professional Fees, Design 10% $60,106 $61,206 100% $0 Professional Fees, Construction 10% $60,106 $61,206 100% $0 No Plans Contingency, 25% $150,270 $153,016 100% $0 Totals $871,544 $887,490 -- $54,642 1 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY 110% of Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 332 ATTACHMENT 3 April 17, 2009 APR 2 0 209b'' PUBILff C WORKS Mr. Timothy R. Jonasson Public Works Director/City Engineer City of LaQuinta P.O. Box 1504 78-495 Calle Tampico LaQuinta, CA 92247-1504 Dear Mr. Jonasson, My wife and I live at 80913 Via Puerta Azul, LaQuinta. We have been homeowners from the very beginning of the Puerta Azul project. Therefore, we have witnessed first hand the progress of this project. We feel that the project is well designed and that the quanity and quality of the plants, trees, shrubs and grass areas are more than adequate. We also feel that the common area amenities such as the club house, pools, etc. were very tastefully done and well executed by the developer, Pacific Santa Fe, If there is to be any action by the City Council regarding this project we ask that this letter be included in the record. Thank you. Jil 5. C tE 80 13 Via e Quints, CA 92253 333 ATTACHMENT 4 April 13, 2009 Mr. Timothy R. Jonasson Public Works Director/City Engineer City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 Dear Mr. Jonasson 7RECEffVE D APR 3 0 2009 PUBLIC woRKs As residents of Puerta Azul, we are writing this letter to express our support for Puerta Azul Partner's request to the City Council to exonerate performance bonds related to work in the development of Puerta Azul. As Homeowners, we are pleased with the work that Puerta Azul Partners did it completing the common areas at Puerta Azul, and in particular our beautiful clubhouse and furnishings, swimming pools and the lush landscaping that they provided throughout our community. We feel this is part of our investment at Puerta Azul. The partners have all kept a home in Puerta Azul and have become our friends as well as our neighbors and are part of this community. Would you please include this letter in the file for the upcoming City Council action regarding this matter? Thank you. Sincerely, Puerta Azul Homeowners air 334 SIMON J. FREEDMAN DAVID M. PETERS KEENAN A. PARKER JAMES R. McCORMICK JR. STEPHEN M. KIRKLAND BRENT R. AVERY CHRISTINA M. BAINE DEJARDIN JOHANNA R. DELEISSEGUES TRACY M. FULLER UNKOWSKI MICKEY JEW KYLE E. LAKIN LAURIE F. MASOTTO OF COUNSEL LAURIE S. POOLE PETERS & FREEDMAN, L.L.P. ATTACHMENT 5 ATTORNEYS AT LAW 43100 COOK STREET, SUITE PALM DESERT, CA 92 11202 RFCEYVED mail@hoalaw.com www.hoalaw.com Via First Class and Electronic Mail Tel: (760) 773-4463 Fax: (760) 773-0919 April 29, 2009 Tim Jonasson, PE Public Works Director/City Engineer City of La Quinta Public Works Department P.O. Box 1504 La Quinta, CA 92247-1504 APR 3 0 2009 T W®�Ar� ENCINITAS OFFICE PyTBL1C RR791 CALLE MAGDALENA SUITE 220 ENCINITAS, CA 92024 Tel: (760) 436-3441 Fax: (760) 436-3442 Re: Puerta Azul, Inc. \ Release of City Bonds 553130S, 556505S, and 556076S Our File No. 2379 Dear Mr. Jonasson: As you know, the law firm of Peters & Freedman, L.L.P., represents the Puerta Azul, Inc. Homeowners Association ("Association") in the above -referenced matter. The purpose of this letter is to provide you and the City Council with the Association's official position regarding the release of the developer bonds held by the City for the completion of onsite and offsite improvements at Puerta Azul. We are informed that the La Quinta City Council will be considering the release of bonds 553130S and 556505S (for onsite improvements) at its meeting on May 5, 2009. The face value of the bonds is in excess of $2.3M. We understand that the City has already released some bond monies to the developer. The City Council will also be considering the release of bond 556076S (for offsite improvements). We are informed that the face value of this bond is $284,188.00. We are also informed that the City has required that the developer (Puerta Azul Partners, LLC) take the following actions as a prerequisite to releasing the bonds: (1) Remove and replace three trees from the right-of-way and/or setback area adjacent thereto on Madison Street, and remove three additional trees from that area, the replacement of which would be at the Association's cost; 335 April 29, 2009 Page 2 (2) Inspect two planter boxes that are situated East of the tennis courts for leaking and, if the developer deems appropriate, pay to remove any excess soil that may be above the waterproofing, adjust or replace sprinkler heads as needed to eliminate the leaking and open "weep holes" if they are found to be blocked; and (3) Modify the traffic signal to be installed along Madison Street. BACKGROUND INFORMATION Puerta Azul is a beautiful, upscale development comprised of 126 units. It is located on Madison Street between Avenue 56 and 58. The Association is a non-profit, mutual benefit corporation that is managed and operated by its Board of Directors. In or around July 2007, the developer transitioned control of the Board to the homeowners. City Dissatisfaction with Improvements According to correspondence received by this firm, roughly one year ago, the developer requested that the City accept the onsite improvements at Puerta Azul. Over this period of time, the City prepared several versions of a punchlist of items that the City inspector determined to be incomplete or unsatisfactory. In a letter dated February 9, 2009, you informed the developer that the release of the bonds would be recommended for City Council acceptance upon the completion of the two -page punchlist. A true and correct copy of the punchlist is attached hereto as Exhibit A. The majority of items on the punchlist involved removing tree stumps and planting new trees in various areas. Specifically, the City requested that three palm tree stumps (of trees that obviously died after installation) be removed, that a dead palm tree in front of the Clubhouse be removed and replaced, and that seven additional trees be installed (either as replacements for other trees or new plantings). Other items include replacing the drains in the tennis court, repairing pump hardware near the tennis court, repairing the pool room vent on the south side of the Clubhouse and repairing security cameras at both entrances on Via Puerta Azul and Calle Azul. The punchlist indicates that the City believes that the trees planted at Puerta Azul were installed in an unsatisfactory manner. On February 9, 2009, you sent a second letter to the developer regarding a punchlist of items that needed to be completed prior to final acceptance of the offsite improvements. A true and correct copy of this punchlist is attached hereto as Exhibit B. Each of the three items identified on the punchlist involve landscaping problems. Specifically, the City requested that the planters in the parkway be repaired in order to stop leaks through the existing block wall onto the tennis court, that the existing landscaping be removed and replaced to provide better sight distance at Madison and Calle Azul, and that fourteen (14) mesquite trees in the parkway be removed and replaced with another (recommended) species. Again, trees were the City's primary concern. The Association is equally as concerned with the integrity of the trees at Puerta Azul and agrees with the City's initial punchlists. On January 24, 2008, the Association retained Mr. Jesse Contreras, an arborist with Sunshine Landscape, to inspect the mesquite trees along Madison. Mr. Contreras performed a cursory, visual inspection of the trees and stated that certain mesquites appeared to be 336 April 29, 2009 Page 3 root bound and never developed lateral roots. Mr. Contreras referred the Association to The Tree Doctor for a comprehensive inspection and analysis. A true and correct copy of Mr. Contreras' report is attached hereto as Exhibit C. In September 2008, the Board of Directors retained The Tree Doctor to inspect the trees along Madison Street as well as the mesquite trees in the interior of the project. Mr. Gary Alexander, the consultant who inspected the trees for The Tree Doctor, opined in his report that "little effort was given to redirect the roots before installation took place." A true and correct copy of Mr. Alexander's report is attached hereto as Exhibit D. Mr. Alexander stated that the roots continue to develop by wrapping around each other rather than spreading out, thus preventing meaningful root stabilization. The trees are thus completely vulnerable to any type of wind issues. Mr. Alexander's recommendation was to remove and replace the trees. A copy of this report was provided to you by Ms. Lori Livacich, Board President, on September 11, 2008. In response to your February 2009 letters, the developer's attorney, Mr. Richard Zeilenga, sent a letter to you on March 6, 2009, stating that the items included in the initial punchlists were outside of the scope of the improvements contemplated by the bonds. Mr. Zeilenga also asserts that the improvements on the onsite punchlist were covered by the Common Area Security Agreement between the Association and the developer. He contends that the Association exonerated the bond posted pursuant to the Agreement on May 13, 2008, and that any dispute regarding release of same is between the Association and the developer. Association Dissatisfaction with Improvements At this time, the Association would like to bring to the City's attention various facts and events leading up to the "exoneration" of the Common Area Completion bond. In a letter dated January 5, 2008, the Board requested that the City notify it before providing the developer with "final approval" of the Association, as there were outstanding issues within the community that directly related to the developer. A true and correct copy of this letter is attached hereto as Exhibit E. This letter indicates that it is a second request. Presumably the Board sent a first request that may have described more completely the issues the Association was facing in connection with developer -installed improvements. Unfortunately, the first request cannot be located. In a letter of unknown date, Mr. Gary Lisk, a member of the Board of Directors, notified the City that the Association was in the process of attempting to work out several landscape and electrical problems with the developer and would appreciate advance notice before any final approval was given. A true and correct copy of this letter is attached hereto as Exhibit F. For over a year, the Association has expressed its concern to the City that developer -installed improvements, and, specifically, the landscaping, was not satisfactory. This demonstrates that landscaping had been an ongoing issue between the Association and the developer and that this issue had been raised to the developer. 337 April 29, 2009 Page 4 More recently, in a letter dated March 22, 2008, to Mr. Mark Rockwell, at Puerta Azul Partners, LLC, the Board requested that the developer pay for the removal and replacement of trees that were installed improperly or were root bound when installed. A true and correct copy of this letter is attached hereto as Exhibit G. Mr. Rockwell never responded to this letter. Just three weeks later, on April 14, 2008, Mr. Mike Kwaske, a developer employee, sent an email to Ms. Jerri Boone, the Association's property manager, requesting that the Board release five (5) Department of Real Estate (DRE) bonds. Mr. Kwaske represented that the bonds were related to the payment of Association dues for homes that were owned by the developer and for subsidy payments. A true and correct copy of this email is attached hereto as Exhibit H. Mr. Kwaske did not, at any time, indicate that one of the bonds was the Common Area Completion bond that Mr. Zeilenga claims the Association exonerated. Ms. Boone performed her due diligence and verified that the assessment bonds could be released. On April 15, 2008, Ms. Boone responded to Mr. Kwaske's email and indicated that the Board would consider releasing the bonds at its meeting in mid -May. A true and correct copy of this email is attached hereto as Exhibit I. She also inquired when the Board would have a response to a letter sent to Mr. Rockwell two to three weeks earlier. Presumably Ms. Boone is referring to the March 22, 2008, letter the Board sent to Mr. Rockwell regarding the trees. At this point in time, the matter had not been addressed and Mr. Rockwell was on notice that the trees were an issue. We have no record that Mr. Kwaske responded to Ms. Boone's inquiry. According to the minutes of the May 5, 2008, Board meeting, which was held telephonically, the Board approved the release of the bonds. The developer did not accurately represent the nature of all of the bonds that it was requesting the Association to release. Mr. Kwaske represented that the bonds were for assessment and subsidy payments. There was nothing indicating that the bonds were for Common Area improvements. The Board, which is comprised of volunteer laypersons, relied on the developer's representation and approved the releases over the telephone in reliance on Mr. Kwaske's correspondence. After receiving no response from the developer regarding the tree issues, on July 1, 2008, the Board sent a letter to the City requesting that the City hold off on releasing the bonds. A true and correct copy of this letter is attached hereto as Exhibit J. The letter referenced the distressed trees and included the report from Mr. Jesse Contreras. Again, on September 11, 2008, Ms. Livacich, the current Board President, sent a memo to you, along with a document prepared by arborist, Gary Alexander, requesting that the City consider the document prior to releasing the bonds. In summary, before the Common Area Completion bond was "exonerated," the developer was on notice that the trees were an issue and that the Association was demanding that they be replaced. Knowing that the tree issues were not resolved, the developer nevertheless submitted the Common Area Completion bond, which they are now claiming was the Association's only recourse for unsatisfactory onsite improvements, to the Board for release. In presenting the bonds for release, the developer represented to the Board that the bonds were only for assessments and subsidies. Never did the developer indicate that one of the bonds was the Common Area Completion bond. 338 April 29, 2009 Page 5 The Board relied upon the developer's representation and released the bonds without realizing that it was exonerating the Common Area Completion bond. While the Association has attempted to work with the developer on this issue, the developer has refused to take any action, instead relying on the bond exoneration improperly obtained. Subsequently, the Board pursued the issue of the trees with the City since it failed to receive a response from the developer. THE ASSOCIATION'S POSITION While the Association appreciates the fact that the developer has removed nine trees along Madison Street, this will not fully resolve the problem. Your February 2009 punchlists demonstrate that the City has grave concerns regarding over twenty (20) trees at Puerta Azul. Our consultants have stated that the trees were improperly installed and will not survive in the long- term. These trees are root bound, unstable and vulnerable to winds. They present a significant health and safety hazard to not only residents and guests of the Association, but also to citizens of La Quinta who traverse the sidewalk adjacent to the Association. The developer is now requesting final acceptance and exoneration of the onsite and offsite bonds from the City. If the bonds are released, the Association, which is already financially strapped in this housing market and facing a significant shortfall in assessments, will be faced with the onerous task of replacing the dying trees. This will undoubtedly cost tens of thousands of dollars that the Association does not have. Further, the Board has been deprived of its only recourse, in the form of the Common Area Completion bond, by relying on the representations made by the developer. The Board now turns to the City for help. The Association requests that the City reject the developer's request to release the onsite and offsite improvement bonds and require the developer to live up to its obligations to the Puerta Azul owners and citizens of La Quinta by completing all of the items on the punchlists dated February 9, 2009. In addition to the punchlist items, the Association requests that the electrical lighting in the trees along Madison, as well as other trees in the community, be replaced. The lighting was installed improperly and only works sporadically. Currently there is a bank of twelve (12) lights that are currently dark. In the alternative, the Association requests that the City require the developer to stake and trim the root -bound trees that will not be removed. While only a short-term solution, this will stabilize the trees. The Association also requests that the new trees planted by the developer be warrantied for one year and that the Association be indemnified for any injuries or property damage caused by the failure of the trees. Also, the repair of the planter boxes (identified as punchlist item 2 on page 1 above) should not be within the discretion of the developer but should be required in any instance. "RETWO&I Oi►K" In the original conditions of approval for the project, the developer was required to pay for half of the cost of constructing a traffic signal at the southernmost access to Puerta Azul. It is the Association's understanding that the City will be requiring the developer to either construct a traffic signal now or post funds to build a traffic signal on Madison Street in the event that traffic increases in the future. In any event, the Association respectfully requests that the signal be placed at the Legends main entrance, not the Puerta Azul entrances. A signal in front of Puerta Azul would be 339 April 29, 2009 Page 6 detrimental to the Association residents in that it would create light pollution as well as traffic noise. It would also make exiting from Puerta Azul more difficult. The Association also requests that the median located at the south entrance of Puerta Azul be modified into a worm configuration to allow left hand turns out of the property. Thank you for your consideration of the Association's position in this matter and your endeavors to include the Association in this process. The Association appreciates the City's efforts in making Puerta Azul a true asset of La Quinta. Very truly yours, PETERS & FREEDMAN, L.L.P Christina Baine DeJardin, Esq. Enclosures: Exhibit A: Onsite Punch List Exhibit B: Offsite Punch List Exhibit C: Sunshine Landscape Tree Report Exhibit D: Tree Doctor Report Exhibit E: January 5, 2008 Letter From Association to City Exhibit F: Letter from Board President to City Exhibit G: March 22, 2008 Letter from Association to Developer Exhibit H: April 14, 2008 Letter from Developer to Association Exhibit I: April 15, 2008 Email from Association to Developer Exhibit J: July 1, 2008 Letter from Association to City cc: Board of Directors City Council Members Kathy Jenson, City Attorney Tom Genoviese, City Manager Richard Zeilenga, Attorney for Puerta Azul Partners, LLC CBD\cmb G123\2379\CBD\Bond\jonmson 01 bond.wpd M 6 ATTACHMENT 1 PRIVATE DEVELOPMENT PUNCH LIST Tract Map No. 30096 — On -Site Improvements Development Name: Puerta Azul The following items are to be corrected or completed to comply with the project specifications. Please verify the completion of these items and then contact Daniel Valenzuela, Assistant Engineer, at (760) 777-7096 for further inspection. 1. Remove and relocate existing ADA parking stall(s) per the approved plan (plan set no. 02054). 2. Remove and replace dead palm tree in front of clubhouse. 3. Remove palm tree stump located on the eastside of clubhouse (near main entrance). 4. Remove palm tree stump located south of 80-883 Via Puerta Azul within the retention basin area. 5. Install palm tree near the westside of garage for 80-830 Via Puerta Azul. 6. Remove palm tree stump located south of 80-944 Via Puerta Azul and replace with one of the following: Palo Verde Desert Museum (36' box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 7. Remove and replace existing 2" drains located within the tennis court. 8. Remove existing mesquite tree located at the west end of Via Puerta Azul fronting 80-752, and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 11 A 11 Page 2 of 3 �{ 1 9. Install a tree north of 80-860 Calle Azul (in retention basin area) with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 10. Remove existing tree located north of 80-866 Calls Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 11. Remove existing tilted tree located north of 80-890 Calle Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 12. Remove existing tree stump located south of 80-913 Via Puerta Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 13. Repair existing pump hardware located on the eastside of the tennis court. 14. Repair pool room vent located on the southside of the clubhouse. 15. Repair security cameras located on both entrances on Via Puerta Azul and Calle Azul. Page 3 of 3 142 ATTACHMENT 1 PRIVATE DEVELOPMENT PUNCH LIST Tract Map No. 30096-1 — Off -Site Improvements Development Name: Puerta Azul The following items are to be corrected or completed to comply with the project specifications. Please verify the completion of these items and then contact Daniel Valenzuela, Assistant Engineer, at (760) 777-7096 for further inspection. 1. Repair planters in parkway along Madison St.; water is leaking through the existing block wall onto the tennis court. 2. Remove and replace existing landscaping to provide better sight distance at Madison St. and Calle Azul. 3. Remove fourteen (14) existing mesquite trees in parkway are along Madison St., and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) T:\Tracts Parcel Maps_SP\30000-39999\30096\External Correspondence\Conditional Final Accept onsite with Punchlist TM 3 4 3 30096.doc Page 3 of 3 (�XHI6l-r "�II Palm hied Businers (enter 75-181 Medilerranedn Palm 8ewRA 92211 P.O. Box 12860"' Palm 8meri, [d 92255' -- _---..._—_ licd408804 619-3463999'' Fax L19-346-5632, January 24, 2008 TO: Jerry Boone, Manager Z. Gordon Davidson PUERTA AZUL FROM: Jesse Contreras, Arborist SUNSHINE LANDSCAPE I understand you have tree failure at Puerta Azulr will give you my professional opinion on why your trees are failing based on a visual inspection only. It is difficult to come in and form an opinion when you don't have the whole history of the situation. Certain trees on Madison (mesquite) anpear to be root bound and have never developed lateral roots. They outgrew their container at the nursery causing the roots to go in a circular direction. This appears to be the same case in a few other trees within your development. I am not saying this is the complete problem that is causing your trees to `_ail. Your soil is high in alkaline. A lot of plants fail in these kinds of conditions. Trilogy, in its early stages, experienced a lot of shrub and tree failure. Also, you are in an area where winds pass through at very high speeds. /. w M PGA RESIDENTIAL I AND II, which we currently maintain, had trees go over in these winds. We solved the problem by trimming them twice a year (mesquites and peppers), removing approximately 15% at a time. Every time we have high winds, we lose a small percentage but improved about 90% because we went to twice a year trimming. lose to block Some of your Washingtonia Robustos You wre ill chase Problems walls or sidewalks (hardscapej. future. with lifting of concrete on walks in the This is about all I can say now because it was a brief visual inspection. If you want a more extensive inspection, I recommend that you contact THE TREE DOCTOR. He will inspect roots, soil, etc. f the trees on the west side of the Mr. Davidson, the name o project is a Rosewood `DALBERGIA'. Thank you. 119 345 The Tree Doctor A-1 Imperial Tree Service Ultra Gro Plant & Fertilizer, LLC P.O.Box487 Thousand Palms, CA 92276 Cnnaulfxdnn Ramvt (760) 773 5065 (800) 2844813 FAX (760) 262 8650 www.thevDedocturcam gary@thetraedoofor.com REPORT # R11277 Techniclan: Gary Alexander DATE: 9/10/2008 Name: Puerta Azul Att Lori Lwadch Map Grid: Street 57-325 Madison_ Cef - Ci . La Quints State: CA Z : Fax: 949 254 3698 PhonetHome: Ph./Off: Gate Code: Street C' . La Quints State: CA Zip: SERVICE DESCRIPTION: Mesquites in decline and falling over Observations: 1 Trees along Madison in the area of Puerta Azul and also Mesquites viewed inside Estate property 2 appear to have been planted and installed at a oximatel the same time and were similar in sue. In 3 vie%-Ang the rood development, it is quite dear that [me effort was given to redirect the roots before 4 installation took place. 5 When you view pictures enclosed, you will observe that roots continued to develop by wrqppfnq around 6 each other rather than spreading out. This created what we call Mar roots that choke off the vascular 7 system and extremely limit nomral root growth. This prevents meaningful root stabilization benefits, thus 8 causing the tree to completely vulnerable to any type of wind issues. W hen trees were planted, they were 9 staked for stabilization but that is suppose to be temporary until the root system can take over. In this case, 10 it was impossible because roots were not redirected. Wells were installed but were placed next to the stem or trunk of trees rather than away m the trunk 1 long tern activity of root development. Short term wafering with simple bubblers at stem that can be 2 shut off once tree is established. Unfortunately removal and proper replacement and installation with new 3 trees is basically in my view the only long term option. 4 5 6 7 8 9 10 11 12 13 14 15 16 Suggestions: 1 2 3 4 5 No Warranties; Expressed or Implied General Property Review, Consultation, and Recommendations. 5250.00 Card No. Exp. Date Re $75.00 Authorized Si nature: Total: $325.00 1�1-It ft .. 346 January 5, 2008 Mailed Certified and Reeular U.S. Mail Mr. Leonard lL St. Sauver, Assistant Engineer II City of La Quinta Public Works/Engineering P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 RE: PUERTA AZUL HOMEOWNERS ASSOCIATION — 2ND �QUEST Dear Mr. St. Sauver Pursuant to the enclosed communication, the Puerta Azul Homeowners Association is respectfully requesting notification prior to the City of La Quinta providing final approval to the Developer of our association. We ask this courtesy due to outstanding issues within our community that directly relate to the Developer. Please contact me at (760) 346-1161, extension 144 so that we may discuss this further. Thank you in advance for you cooperation. i rri Boone, CCoperty Manager O a e o e oaz of D7irectors Puerta Azul Homeowners Association cc: Law Office of Peters & Freedman, LLC G2 P.O. Box 4772 - Palm Desert, CA 92261-4772 73-550 Alessandro - Paint Desert, California - 760.346.1161 • FAX 760.346.9918 34 �xIiI�IT''�r Mr. Leonard R. St. Sauver Assistant Engineer II Cityof La Quinta Public Works/Engineering P 0 Box 1504 78-495 Colic Tampico La Quinta, Caliwmia 92247-1504 Dear Mr. St Sauver: Thank you and Tommi for providing information on the approval stews here at Puerta Aml l I The developer turned the property over in the HOA earlier this year and we were unaware that the final approval process was still ongoing. We are in the process of anempting in work out several issues with the developer regarding landscape and electrical problems and would sincerely appreciate being notified before any final approval is given. Sincerely, Gary R Lisk Puerta Azul Board of Directors c.c. Barry Daniels Bob Lafey Jerri Boone �3 t� &1 i6 If� ''F 71 DESERTR March 22, 2008 Pacific Santa Fe Corporation 3 Monroe Parkway, Suite P P.O. Box 430 Lake Oswego, OR 97035 Attn: Mark Rockwell, Owner RB: PUERTA AZUL ASSOCIATION Mr. Rocim ell, The Board of Directors ofthe Puerta Azul Association wishes to male you aware that since the time Pacific Santa Fe completed the development ofthe community, two (2) major items of concern have become apparent. First, the electrical problems, which you have assisted us with, and second, the tree problems we have encountered. Attached are some photos that iliustratethe Board's frustration. The Board of Directors respectfully requests your assistance in addressing these concerns. Many ofthe trees within the community have inexplicably died or been displaced from rite earth. Based upon the professional opinion of a Certified Arboris4 the trees pianted were ili-conceived from the onset resulting in the challenges the Association is currently undergoing with the trees that lhave'neen lost to date The Board understands that with the turnover of the property to the association frum the developer, the Association must bear reasonable burden for the day -today maintenance of the Association. However, what is further understood is that by inheriting severe challenges with such critical components as Sighting and landscaping, the Association can no longer look to itself in order to make corrections for decisions made that it is certain were honorable, but in the end deficient. We sincerely appreciate the assistance you have provided in the past to correct serious problems we have uncovered and think you will agree, after reading the report, that your assistance in this matter is also warranted. With this in mind. the Board of Directors ofPuerta Azul is reouesting your assistance in making the Association whole aeam_ Succinctly, the Fuerta Azul Board of Directors is renuesdng the following: Tile Pacific Santa Fe Corporation should authorize and pay for the removal and replacement of trees that were installed improperly or were root bound when they wcm installed, thus causing them to die or fall aver. The Home Owners Association has been F.ghting hard to stay financially solvent, maintain the property and continue to provide as many services to the homeowners as we can. With your help, Puerto Azul will continue to be a wonderful l enhunem-to your developmental acumen. mcerely� 4icrti Boo:en,l/ Properly anaser OnBehaofthe Board of D' ctors Puerto ssociatwn cc: Den Fcrris, CFO, COO Roxanne Holtman Enclosures P.e.3ox4772 • Palm Desert,CA922c"1-4772 EXHIBIT D 73-550AIsssandrp + Paim Dsseri,Caliiornia 760.346.1161 . FAX700.346.9916 cmal:drm@drminrernat.com vry u.drmintemei.com CXHIPIT to&11 349 From: Mike Kwaske mailto:mikek@salmonst.com Sent: Monday, April 14, 2008 1:48 PM To: Jerri Boone Cc: 'George Robertson'; 'Barry Daniel'; 'Brent Olson'; Diane Underwood; Kerry Leavitt; 'Bob Iafey'; 'Gary Llsk' Subject, Puerta Azul Bonds Jerri, We have 5 outstanding DRE bonds at Puerta Azul that we need the HOA to sign -off on in order to get them exonerated. These bonds are related to the payment of HOA dues for homes that were owned by Puerta Azul Partners. and for subsidy payments per the DRE budgets. Now that all of the homes are sold, and Puente Azul Partners has no further obligations for assessment and subsidy payments. all that is left to do is confirm that we are current with our payments to the HOA. If we are indeed current with our payments, then please forward the attached letters to the board for signature; if not, please let me know what the outstanding balance is sothat we ran take care of it Thanks, Mike Kwaske 503-477-2036 cell 503-296-5841fax CXNI6I1- `H" 350 From: ]err! Boone[mailto:jboone@drrninternet.com] Sent: Tuesday, April 15, 2008 1:28 PM To: Mike Kwaske Subject: RE: Puerta Azul Bonds Hi Mike, Wanted to acknowledge receipt. The Board will be meeting mid -May at which time I will formally present this to them On another note, may I know when we may have a response to a letter sent to Mark approximately 2-3 weeks ago? Please advise. Jerri Boone Deyert Resort Managernrnt 73-550 Alessandro, Suite 5 Palm Desert, CA 92260 (760) 346-1161 eA 144 (760) 346-9918 Fax Iboone®drmintemeLcom wvay.donmtemet.com The information contained in and transmitted by this communication is CONFIDENTIAL, PRIVILEGED, or PROTECTED BY LAW This communication Is intended only for the use of the specific individual or office to whom it is addressed. Dissemination, distribution or copying of this communication to anyone other than the specific individual or office addressed is STRICTLY PROHIBITED. If you are not the intended recipient, you are hereby notified that any disclosure, distribution or the taking of anyactlon in reliance of this information Is STRICTLY PROHIBITED. If you have received this communication "nor, please notify the sender by return erhail and destroy this communication. 351 July 1, 2008 Timothy Jonasson Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92247 RE: PUERTA AZUL HOMEOWNERS ASSOCIATION Dear Mr. Jonasson, Please find additional information requested by Ms. Amy Yu in relation to Puerta Azul Homeowners Association's request of the City of La Quinta to hold release of the bonds from Puerta Azul Partners, LLC. You will find photographs of trees within the community whose condition today we believe are a direct result of the mismanagement of Puerta Azul Partners at the inception of the project You will also find a report from Arborist Jesse Contreras for your review. Should you have any questions, please contact me at (760) 346-1161, extension 144. Thank you. Temm B �� Ezoperty Manager At the Direction of the Board of Directors Enclosures jl6 P.O. Box 4772 Palm Desert, CA 92261.4772 352 5zzpRiI ATTACHMENT 6 DAVID T. STOWELL RICHARD S. ZEILENGA DAVID C. RUTH JAMES D. VAUGHN ADAM K. TREIGER SAMUEL E. GASOWSKI PHILLIP B SLOT STOWELL, ZEILENGA, RUTH, VAUGHN & TREIGER LLP ATTORNEYS AT LAW 2815 TOWNSGATE ROAD • SUITE 330 WESTLAKE VILLAGE, CA 91361 TEL (805) 446-1496 • FAX (805) 446-1490 www Szd.e com March 6, 2009 Via Federal Express Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico LaQuinta, California 92253 Re: Tract Map Nos. 30096 and 30096-1, Puerta Azul; Final Acceptance of On -Site and Off -Site Improvements and Release of Security Dear Mr. Jonasson: OF COUNSEL CARY W. SPENCER We represent Puerta Azul Partners LLC ("Puerta Azul"), and have been retained to address the City's failure to release certain bond security associated with both off -site and on -site improvements for Tract Map No. 30096-1, despite repeated requests by our client that such security be fully released/exonerated. On -Site Improvement Security for Tract Nos. 30096 and 30096-2: Your most recent correspondence to our client with respect to the on -site improvements for Tract Nos. 30096 and 30096-2, dated February 9, 2009, and appended hereto as Exhibit "l," reflects an apparent misunderstanding about the nature of "the Improvements" that must be completed by Puerta Azul, prior to release of the two on -site bonds in the remaining amounts of $148,186 (Bond No. 553130S) and $88,749 (Bond No. 556505S). In particular, your letter attaches a punch list of mostly landscape repairs/improvements, which are not part of "the Improvements" covered by the subdivision improvement agreements ("SIA") between Puerta Azul and the City, copies of which are attached as Exhibits "2" and "3." 1 In fact, the two SIA's between the City and Puerta Azul for on -site improvements are very specific in defining "the Improvements" which must be completed prior to full exoneration of the security. Section 2 of each SIA contains general boilerplate form language to define the improvements to be completed, including the general reference to public and private streets, The only exception is the requirement to relocate the existing ADA parking stalls, which Puerta Azul has agreed to complete, and expects to have completed within the next few weeks, as soon as the City approves the final plans. 100065005 DOC, 1) 353 Timothy R. Jonasson, P.E. City of La Quinta March 6, 2009 Page 2 drainage, utilities, landscaping, etc., but also narrows this general language to the specific improvements "listed in Exhibit A." Exhibit A for the SIA for Tract No. 30096, Bond No. 553130S, lists grading, streets and storm drainage, domestic water, sanitary sewer, dry utilities, and monumentation. Similarly, the SIA for Tract Map No. 30096-2 (Bond No. 556505S) lists grading, street improvements, domestic water, sanitary sewer, dry utilities, and monumentation. Neither list of specific improvements, attached to either SIA, references landscaping, nor do they reference the other minor items listed in the punch list appended to your letter, such as repairing security cameras and existing pump hardware at the tennis courts. To the contrary, the items on your punch list are well beyond the scope of the defined "Improvements" in both SIA agreements, and thus cannot provide a basis for refusing to schedule the listed improvements for final acceptance by the City Council, and for release of the remaining security for Bond No. 553130S and Bond No. 556505S. Although the items on your punch list are not within the scope of the SIA's between Puerta Azul and the City, those improvements are specifically called out in the Common Area Security Agreement between our client and the Puerta Azul HOA, which was executed in 2004. That Common Area Security Agreement covers 100% of all landscaping items, and all facilities related to the tennis court, and was secured by a bond totaling $1,390,422. See copy of Common Area Security Agreement between HOA and Puerta Azul attached hereto as Exhibit "4." The Puerta Azul HOA previously acknowledged that all such landscaping improvements and tennis facility improvements had been completed to the HOA's satisfaction long ago. Section 9 of the Common Area Security Agreement between the HOA and Puerta Azul provides in relevant part: "Upon full and final performance by subdivider of subdivider's obligations under this Agreement, the Association shall, without regard to any other disputes or negotiations then existing, immediately take any and all actions and execute any and all documents reasonably necessary to cause the security to be released and exonerated." See Exhibit "4" hereto at page 3, section 9. The HOA did so on May 13, 2008, fully exonerating the security associated with the Common Area Completion Security Agreement for Tract Nos. 30096-1 and 30096-2. See Exhibit "5" hereto. If the HOA believes that it made some form of error with respect to exonerating/releasing the security for the Common Area Completion Security Agreement between itself and Puerta Azul, that is a dispute between the HOA and Puerta Azul. It is not a dispute with the City, that would provide any basis or justification whatsoever for City Staff to withhold the release of the security associated with the two subdivision improvement agreements between our client and the City. Finally, on a purely practical level, we would emphasize that the HOA's previous acknowledgment and release of the security with respect to our client's landscape obligations under the Common Area Security Agreement, and the expiration of the one-year warranty period with respect to such improvements, including the landscaping, tennis courts, etc., should amply demonstrate that any current difficulties with those improvements are the responsibility of the HOA, and not the responsibility of our client, or of the City for that matter. Consequently, we respectfully request that City Staff focus on the contractual terms between our client and the City (00065005.DOC, l) 354 Timothy R. Jonasson, P.E. City of La Quinta March 6, 2009 Page 3 as set forth in the two SIA agreements and the definition of the "Improvements" in Exhibit A thereto. Accordingly, the on -site subdivision improvements for Tract Nos. 30096 and 30096-2 (Bond Nos. 553130S and 556506S), should be scheduled for final acceptance by the City Council without further delay, subject to confirmation that the existing ADA parking stalls have been relocated as described in footnote 1 above, and the security for the two on -site SIA's should be fully released thereafter, as required by Section 10 of the two SIA's. Section 10 states in relevant part: "If the Improvements (defined by Exhibit A to each SIA) are determined to be in accordance with the principal City standards and specifications, and ... obligations required by . .. this agreement have been satisfied ... City Engineer shall recommend acceptance of the Improvements by the City Council." If that does not occur, we will be compelled to seek relief from the City Council, and if necessary, the Superior Court, including the recovery of reasonable attorneys' fees as provided in Section 18(e) of the two on -site SIA's. Off -Site Improvement Security for Tract No. 30096-1: The off -site SIA appended hereto as Exhibit "6" is also quite specific in defining "the Improvements" to be completed for final acceptance by the City Council, and thus for the release of all associated security. Exhibit A to the off -site SIA identifies the following specific improvements: "street," "water," "sanitary sewer," and "traffic signal." See Exhibit "6," at Exhibit A. The traffic signal obligation is further defined as $75,000, representing "50% of [the] cost — installation to be deferred per Condition of Approval." On February 9, 2009, you transmitted a second letter to our client with respect to off -site improvements for Tract No. 30096-1, a copy of which is attached as Exhibit "T" Again, your letter references a punch list of landscape repairs/changes that are entirely beyond the scope of "the Improvements" as set forth in Exhibit A to the off -site SIA, as quoted above. Landscaping is not an included item of "the improvements." Any attempt to use the full release of $284,188 in security associated with the off -site SIA, as a leverage to obtain new or revised off -site landscaping, would exceed the scope of the contract obligations in the off -site SIA. Accordingly, the punch list should be withdrawn in its entirety. Compare punch lists to Exhibit "7" hereto, with the off -site SIA and Exhibit A thereto (Exhibit "6"), defining the scope of "the Improvements." In addition to the punch list of off -site landscape items, your letter references a traffic signal obligation in the amount of $215,000, based on tract map Condition of Approval 45A(2). Your letter defines the obligation as the following: "Developer shall enter a security agreement for the deferred installation of a traffic signal at the southern most site access (Madison Street at Calle Azul). The applicant's share will be 50% of the signal as required by Condition No. 45A(2) in Resolution Number 2001-55." (00065005 DOC, 1 } 355 Timothy R. Jonasson, P.E. City of La Quinta March 6, 2009 Page 4 As indicated above, the scope of that obligation was both specifically defined in, and satisfied by, the offsite-SIA. Exhibit A to the SIA, defining "the Improvements," states the 50% traffic obligation will cost our client $75,000, not $215,000. By entering into this off -site SIA, our client satisfied its obligations with respect to Condition of Approval 45A(2). There are several additional problems with City Staff s attempt to significantly inflate our client's $75,000 obligation, including the following: (1) No such traffic signal is shown in the City's 2008 Traffic Signal Master Plan (see Exhibit "8" hereto); (2) The Puerta Azul HOA is opposed to the installation of the traffic signal and has so stated in writing (see Exhibit 11911); (3) In responding to the HOA's written opposition to installation of the traffic signal, you have conceded that the signal is not currently necessary, but rather would only be necessary based on possible future development in the area (see Exhibit "10"); (4) The traffic signal does not service a main or primary entrance at the PGA West Legends Project, but rather would serve as nothing more than a maintenance entrance; (5) We are informed that the Legends Project has been conditioned to pay less than $50,000 for its 50% share of the signal, i.e., less than the $75,000 referenced in the off -site SIA between our client and the City, and a small fraction of the $215,000 you now demand in your most recent February 9 letter to our client; and (6) Recent cost estimates demonstrate that traffic signals in nearby Indio are being installed for less than $200,000, not even half of the $430,000 you now assert as the total cost of the signal. These facts strongly suggest that City Staff has no real intention of installing the traffic signal at the designated location, that the asserted cost is grossly inflated in relation to actual cost, and that the demand for $215,000 is almost certainly intended to fund other traffic improvements elsewhere in the City. All of these facts would support action by the City Council to eliminate the traffic signal condition in its entirety. If we are unable to reach a reasonable accommodation with City Staff concerning the traffic signal, we will seek the modification/elimination of Condition of Approval 45A(2) by the City Council. However, we would prefer to reach a global resolution of the issues outlined in this letter, including the prompt release of the security for the two on -site SIA's. With respect to the off -site SIA, and the traffic signal, such a resolution could include a reasonable payment by our client towards traffic improvements in the City in lieu of the installation of the traffic (00065005 DOC; 1) 356 Timothy R. Jonasson, P.E. City of La Quinta March 6, 2009 Page 5 signal — a traffic signal that City Staff admits has not been needed for the past five years, admits is not currently needed, and which is adamantly opposed by the neighboring residents. Next Stens: We believe it would be fruitful to have a meeting with you and the City Attorney, sometime in the next two to three weeks, to review the three major issues: (1) Final acceptance of the Improvements and release of security for on -site SIA No. 30096 (Bond No. 553130S); (2) Final acceptance of the Improvements and release of security for on -site SIA No. 30096-2 (Bond No. 556505S); and (3) Final acceptance of the Improvements and release of security for off -site SIA No. 30096-1 (Bond No. 556076S), including a realistic discussion of options with respect to the proposed traffic signal. We are available for a meeting with you anytime on March 23`d or March 25`h. If those dates are not convenient for you and Kathy Jensen, please advise and we will endeavor to meet you on a mutually convenient date. Thank you for your anticipated cooperation. 1 Ver y rs, Richard S. eilenga For the Fi RSZ:sm cc: Kathy Jensen, City Attorney Tom Genoviese, City Manager {00065005.DOC, 1} 357 C wo_ P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLL TAMPICO LA QUINTA, CALIFORNIA 92253 February 9, 2009 George Robertson Puerta Azul Partners, LLC 3 Monroe Parkway Suite P — Box 430 Lake Oswego, OR 97035 RE: Tract Map No. 30096, Puerta Azul Final Acceptance of On -Site Improvements Dear Mr. Robertson: This letter supersedes my letter of May 29, 2008. (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 FES 18 2®09 Final Acceptance of the on -site improvements and release of the associated securities will be placed on the agenda and recommended for City Council acceptance when the following items are completed: • Punch List Items — The City inspector has identified uncompleted or unsatisfactory work items at a field inspection. These items are listed on the punch list and are to be completed by the developer. (Attachment 1) If you have any questions regarding this matter, please feel free to contact Amy Yu, Assistant Engineer II, at (760) 777-7047 or Ed Wimmer, Development Services Principal Engineer, at (760) 777-7088. Sincerely, Jm mbmothy R. ona n, P.E. Pulic Wo Dir ctor/City Engineer CAttachment: 1. Punch List for On -Site Improvements with Photographs cc: Tract Map No. 30096, File I Lori Livacich, Puerta Azul Homeowners' Association EXHIBIT 1 Page 1 of 3 358 C ATTACHMENT 1 PRIVATE DEVELOPMENT PUNCH LIST Tract Map No. 30096 — On -Site Improvements Development Name: Puerta Azul The following items are to be corrected or completed to comply with the project specifications. Please verify the completion of these items and then contact Daniel Valenzuela, Assistant Engineer, at (760) 777-7096 for further inspection. 1. Remove and relocate existing ADA parking stall(s) per the approved plan (plan set no. 02054). 2. Remove and replace dead palm tree in front of clubhouse. 3. Remove palm tree stump located on the eastside of clubhouse (near main entrance). 4. Remove palm tree stump located south of 80-883 Via Puerta Azul within the retention basin area. 5. Install palm tree near the westside of garage for 80-830 Via Puerta Azul. 6. Remove palm tree stump located south of 80-944 Via Puerta Azul and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 7. Remove and replace existing 2" drains located within the tennis court. 8. Remove existing mesquite tree located at the west end of Via Puerta Azul fronting 80-752, and replace with one of the following: CPalo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 359 Page 2 of 3 9. Install a tree north of 80-860 Calle Azul (in retention basin area) with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 10. Remove existing tree located north of 80-866 Calle Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 11. Remove existing tilted tree located north of 80-890 Calle Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 12. Remove existing tree stump located south of 80-913 Via Puerta Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 13. Repair existing pump hardware located on the eastside of the tennis court. 14. Repair pool room vent located on the southside of the clubhouse. 15. Repair security cameras located on both entrances on Via Puerta Azul and Calle Azul. 360 Page 3 of 3 y .r� H ON Ip r-k t t�.. t r v yr% r X. J r `RGtt w''t'. p 3 is r v .d iL{..EG�r� _ r�F',yyYnr.� �'•7 �. r r f e� yr1�t' AY Fs.k 4 1 r � �sst" a r 1 SAS., ♦ Y ��[., ! 1 � 1 � � � 1 ML n x i is tr. ` CM OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT cor �� miniTRACT No. VEA � `vlON SITE CT No. 30096 TS '(1( THIS SUBDIVISION IMPROVEMENT AGREEMENT (the '"Agreement") is made and entered into this �44 day of M4Y 20 0a b and between Puerta Azul Partners, LLC, , a Oregon Corporation he 1nafter referred to as "Subdivider," and the City of La Quints, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quints, County of Riverside, which unit of land is known as Tract No, 30096 (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 AcL NOW, THEREFORE, it is agreed by and between the parties hereto as follows: the City Council, Subdivider shall furnish ndscsping, and fisted'in Ezhibft i sdh`eduiing of 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 pa ment of plan check and permit fees' A second class of security to be provided by Subdivider, hereinafter referred to a ",paymen{ sedurity ^.shall assure the payment of the cost of labor, equipment and materials supplied to construct the i#PW4 dfit's jW1IMrd class of security to be provided by Subdivider, hereinafter referred to as "waftQhty,'sacwi^ 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 fumish 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 Monbmentation or Participatory Improvements. ity for performance of or paymentfor the work in accordance with However, the City may utilize Monumentation Secur 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, 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. TAPW0EPTWevd1VIAg..... s\3009.6 on jt, sia.de, EXHIBIT 2 Page I of 6 365 2) Surety bonds, of the form specified in subsection 66499.2 of the California Govemment 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,quaiity 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 orany 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 parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall Include the power of sale of the real property, all buildings and Improvements thereon, or that may be erected upon or made thereto, 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 localgovemment, 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 (100e/a) 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 securityexcept as otherwise set forth . in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiverof parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty, security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00), 2) For liens on real property as described in Paragraph 5) of SECTION 3,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 forms of security listed in Section 3 B, above, there will be no administrative fee. TAPMEMDavdiv l Agreements130098 onsite 612,doc Page 2 of 8 366 C 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 falls 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 authorisation from City unless the surety provides City with sixty (60) days written notice by raglstered or certified mail, return receipt requested. -. -Ga - Securtty shah be released ifi the following manner. tPeifoiiriance se br! shaft be released upon the final fAmpletion end acceptance or approval, by fire City Goiindl of fiielTprovements subject to the prpVfsioris of paragraph a. '.. 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. oyementseeurity shatbe released upon payment by Subdividerof Subdividers If ves no notice of recorded claims of full 90 days after, final acceptance and/or approval y the City Council, oftheen, labor aImproImprovements. If security receivreleased in es notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 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.pennits. . 5. Oft-sfte Improvements. When the construction of one or more of the improvements requires or necessitates the acquisition of real property not owned by Subdivider or city, Subdivider shall use its best efforts purchase such real Property at a reasonable price. In the event that Subdivider is unsuccessful, despite Its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attomey. Said seperate.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. 367 T:V WDE+T%DavdlvlA9,eementa130096 cm1te 516.doc Page 3 of 6 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 )t 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 orconditions affecting or affected by the Improvements. Said failureshalinot 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. @: -'SurGe'v.WldhtT €dts,`Be%?e fin�a`I appfnval:of streetimprnvements, Subdividetif All pMac�suruey monuments in Bbor once w -M-e provis`fons of Sections 66495; et sec. of the"Subdivision Map Act and of the Lei OuInta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and recelpt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. Upon receipt of said request, the City Engineer'or a__duly-authorized representative will review the required _documentation apd will inspect the ImprovementsIT the, ImprovedienF& bm determined -to -tie ni`—accordance with 4 documentation bieGdy # dardsandspdc7ft ons,andaspprovir�edherein o lfgatronsraqui�dfiyffieConditions—fo Approval f a fhfa Agreement heyp C�ee�satiafgd, and �updiv�er has,provided,;rgQwsed plans a& iequifed in Paragraph 1.1, �ereiafter_#he,City Erlglrieershall recomrriend acceptahce o4the Improvements fiyige Ciffj C`ouridl,' 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City fora 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 Riohtto 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 68 3 T:\PWDEPT\DevdlvlAgreements\30098 onsite ele.tloc Page 4 of 8 Subdivider shell pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer,'the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold. dity 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 orcondition of this Agreement is Inconsistent with or fails to Include one or more provisions of the Conditions of Approval, which documents) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in.effect and shall control. 17. 9 rabffl . 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, Cexecutors, administrators, assigns, and successors of the parties hereto, C. Neither party to this Agreement relies upon any warranty, or representation not contained In this Agreement. C. 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 parry shall be entitled to prompt payment of Its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:TWDEP7RDOVd1VIA9reemenW80096 Oahe sia.doc "Page 5 of 8369 C C IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first.vnitten above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: Reviewed and Approved Timothy R. Jonasson, P.E. Public Works Director/City Engineer Approved as to Form: CityAttorney TAPWDEPT0evd1vlAgreement,%30096 am[, s IA= 78-495 Calls Tampico Le Quints, CA 92253 760077-7075 Date Puarte A¢ul Partners, LLC 17700 Upper Boones Farm Road#100 Portland Or97224 (714))9,.3/6-5853 Date Date Uate Date Page 6 at 6 370 _. "ExhitiitA SECURITY-TiipaT NO $0086 — -- ON -SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. 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 maybe granted, in whole or in part, by the City Engineer.. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 272,916.00 $ 272,916,00 Streets & Storm Drainage $ 586,6b5.00 $ 586,685.00 Domestic Water $ 112,687.00 $ 112,687.00 Sanitary Sewer $ 87,000.00 $ 87,000.00 Dry Utilities $ 140,000.00 $ 140,000.00 Monumentation $ 10,000.00 $ 10,000.00 Cost of Improvements $ 1,209,288.00 $ 1,209,288.00 Standard Contingency (10%) $ 120,928.80 $ 120 928.80 Total Improvement Costs $ 1,330,216,80 $ 1,330,216.80 Professional Fess (Construction) $. 133,021.68 $ 133,021.68 (1a%also lmpo e" Professional Fess (Design) $ 18,626.20 $ 18,626.20 (1e% ormbfts cast of$186,28200 lorf mnoate plans) Total Bond Amount $ 1,481,864.68 $ 1,481,864.68 C 371 1 C'[tY Of LA QUAr7q ' cSUBD,/V/*I_DN/iwPitoVEAiEJVTAORfitA#ENT TRACT MAP NO. 3oa9s-2 O*=R IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made end enferad Into this day of . 20 by and between PUERTA AZUL PARTNERS. an OREGAN LIMITED LIABILITY COMPANY hereinafter reiamed to as "Subdivider," and tie Clty of La Quinfa, a. municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A_ Subdivider has prepared and filed a fine( map or Tract map (the "Map"I of a unit of land In the City of La Qufnta, .County of Riverside, -which- unit of land is known as Tract No. 30096-2 (the 'Tracn pursuant-ta the provisions of Sectlon 80410, at.sec. of the California GOvernment Code (the "Subdivision Map Aon. B. Prior to approval of the• Map,(Suptlf4w, is required to Install or agree to Install, certain public and privalr7rfiprweirtenl+i(ttie'lfnprcveriaenta'j: - 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 Imprdvements as provided InBaction 66402 or the Subdivision Map Act. NOW, THEREFORE, it Is agreed by and between the parties hereto as follows: 1;:; . IitToiaa eriient�Jaris : Pilor,3o itiyal', of qta MWp' ap.P.roval by Ihd City Council, S_ dhdder shall `. +y` fimj�tf'aMginnl'i'm�irFtvei�getit pleas,mee6hp irte`tequfretnenfe bf lFie CNyFsginear,. A. One Bess of security to be provided by Subdivider, hereinafter referred -to ai�'perfcrmancs security,",;shell assure the faithful performance of this Agreement Including conatrucbon of the _;.. imtrrevemerits, payment of 5ubtllvider'e fair stiere of Improvements which have been or will be constructed by othere ro---y_ _ht F9Fm-- and payment of plan ohedt and permit fees. (° A samnd otas'm r5F''eejif*—tb"tie pm�ed by Subdivider, hereinafter referred to as pay�itt s w� "d shall assure the p ent of the cost of labor, equipment and materials nppgao.icr'oiitts`'ifof the lmprovemants. A third class or security to be provided by Subdivider, herelRafter referred to ee "h'= , Tty-'•�ahall serve as a guarantee and warranty of the Improvements for a pert �i"otib ymar-foilwAft the completion and acceptance of ]he Improvemnts e. Subdivider shall furnish performance and payment severity prior to and as a condition of City Council approval or the Map. Subdivider shall provide warranty security after tmpro+arnenta are complete and accepted by the City Council and prior to or concurrently with the'flnai release of performance security, Warranty asverlty shall rot be required for Monumentation or Participatory Improvements. However, the City may uttiiae Manumpnfatfon Security far performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by such or 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 expanses and ken, including reasonable ettamay's'fees, Incurrad'by City in successfully enforcing the obligations thereby secured. • No...+,w,w,"MIw�InMrv,Iw,�lPm6dMorteeentslaAWW la r1W teNLM1eJ�.S�93SaX91rt:mnds r dr EXHIBIT 3 372 B. Improvement security shall conform to sec6oh 6e4t13 of the California Government Code and one, or more of the fofiowfng: . 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form spOdfed in subsection 6649g,2 of the Cellfamle GOVemrment Code, Issued by a surety or sureties listed In the U.S. Department of Treasury Circular 570 catest version). 3) Certificates of deposit in Cltya name, from one'or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "AA or better and a commitment relisbility rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treaeun Ws office). • 4) Irrevocable letters of orWit, Issued by one or more •financial institutions mewing the requirements or Paragraph {3), pledging that the fonds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, end 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 guaranlse that all or any portion of the fix* available pursuant to the letters of credit will be paid upon the wriibm demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of 'low. The duration of any such latter 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 is face, that the letter of credit will be automatically renewed until such time that City authorizes Its expiration or until •sbdy (80) days after City reosives notice From the financial institution of. Intent to allow expiration of the latter of credit. 5) A lien upon the subdivided property, If City finds that it would riot be In the public fntereat.to require the installation of the improvements sooner than two (2) years after recordsuoi of the final map or Tract map for which the improvementi are raqude'd. The flan shag provide a collateral value' of three (3) times the estimated coat 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, togetherwith ell haredttaments and, appprWonees thareunto belonging, or in any wise appertaining, and the reservations, remelrhders, rents, issues, and profile thereof. The collateral value of the property shall be established at Subdividers expense through an appralsol approved by City. 6) An instrument of credit from an agency of the state, federal or local gaVamment, when any agency of the state, federal, or local government provides stleast Twenty Percent (70%) 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 depostte of public moneys with City or In favor of City, as speed in Section 1t1430 of the Catfomie Government Cods, deposited, at Citys option, With City or a responsible escrow agent of trust company. C. Ail securities shall be furnished In accordance with the•provIsions of Exhibt A. The amount of the performance security shall equal One Hundred Percent tl00%) of the estimated coat of constructing the Improvements, including payment of plan check and permit rues. as estimated by the City Engineer or a duly authorized representaWa of the City Engineer. The amount of payment security shall equal the amount of the amount of perfamance security, azeept' as oheerwiso not forth In Exhibit A. and shall be furnished as a separate security, Warranty security' shell equal Ten Percent (10%) of the amount of performance secudty except es otherwise set forth in Ehrhibt A_ ' D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the Pone of security provided. Administrative fees shell apply to the subdivision (final map, Tract map or waiver of Traot map) rather than to individual security instruments.. The less shell be paid separ6tely 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 hVmled �wal�DuinrOf+Vr�ticORa11PNI�kirM1.�IC9�►'l9yaM RopresW V W 111L �DOrBaIX1�rP.8�'.�i% as 3.13 .•ve . u •.uuv U. GU r. 1 I security If the warranty security is of the some 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 3B,. which require the establishment of avldan ce of the rellability of the surety or financial Institution, the administrative fee shall be One Hundred Fifty Dogars 2) For Ilene an real property as described In Paragraph 5) of SECTION 3.B.,.for which City will prepare Ilan agreements and, subordination agreements, administer valuation of the real property and administer the agreements over the Ilia 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 coat of the Improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Fnre Thousand Dollars ($5,000.00). 3) For other forms of security rood In Section 3 9, above, there will be no administrative fee, E. Participatory Improvements, if any, are identified in Exhibit A. Security for Partielpatary Imprwmments shall remain in piece until the Participatory improvements are constructed and actual costs are known and paid by Subdivider. or until Subdivider pair± to Clly the estimated cost of the Participatory Improvements, end shell guarantee the'reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security andwarranty security shell not be regdirsd for Participatory Improvements. Upon written demand from City, Subdivider, shall deposit cash with, City In Ifeu of or In replacement of security guaranteeing Participatory improvements. if Subdivider falls 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 sold rash and SubdNWaes Surety shall pay to City the lesser of; 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, bei.reduced or become wholly or partially Invaild for any reason, Including non-payment of prerrilums, modifications of this Agreement andlor 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 mall, return reoelpt requested. ;Seountyshrill'beYelease0i(hefi611oNnngnisnper:: I end' sooeolance or ti— me The y authorlae IN as Work 2) pro esser, uponaappliacation by Subdivider. reduction However, no su�reduction hell be for an smou P amount lase than Ten Percent (7076) of the total perfomrance security provided for the fsllUttfrti parlotmanee of the act or work, In no event shall security be reduoed 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 then two partial reductions of security furnished for any Improvernent agreement. .r„6h dgothartt:_bv_5u5dlvWer of 4) If City receives no notice of recorded claims of lien, labor and materiels security shall be released in fldl so days after final acceptance andlor approval by the City Counall,' of the improvements. If City reaaives notice of any recorded Tien, the provisions of the Subdivision Map Act shall apply. T1Pnieet [ti+,mroM aAtlmrOgwlopne„ pystLan,emen6194L9Ne N�Wr�nCJ+�"w< 14 374 4T security, ehal_b®.retained until the otttsianding, raqueots_ere satisfied or until Subdivider has ot�hpr ernaggamerits-saU9factoy to the CItY EnginBer. - - .v t A. 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, 6. Off-sRe tmoravemerds. When the construction of one or more of the Improvements requires or necessitatea the acquisition of real property not owned by Subdivider or city, Subdivider shall use its best efforts purchase such heal property at a reasonable price. In the event that Subdivider is unsucaessfiA despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request Ili 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 beheif of Subdivider. if City so agrees. City and Subdivider shall enter a separate written agreement In a form acmptable to the CRY Attorney. Sold 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 he refunded to Subdivider. Any gdditlonol funds required for acqulsklon of the real property shag be paid by Subdivider to City upon the cmweyance of said real property to Subdivider. In no event shag the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise tetminats Sirbdividers,abllgallan to construct the applicable Improvement pursuant to this Agreement or the Conditions cf Approval. 6. Comoi,�gn of improvements. Subdivider shall begin construction of the Improvements virRhin ninety (90) days and shalt complete construction within twelve (12) months after the approval of this Agreement. Portfans 6f the improvements may be completed at a later clots, as determined by the City Ovinser or. as set forth In Uhlbd A. Failure by Subdivider to begin or complete construction of the improvements within the, specified time periods shall constitute cause for City, In its sale discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requlrefnents as necessary to ensure aamPielion of the irproaements, andror to require modifications in the standards or sequencing of the improvements In response to chanties in standards of conditions affecting or.affected by the improvements. Saki failure shalt not otherwise affect the veltdity of this agreement or Subdivider's obligations hereunder. 7. Force Maleure. in the event that Subdivider 1s unable to pelform within the time limits herein due to stokes, act of Grid, or other everds beyond Subdividers control, the time limits for obligaliond affected by such events will be extended by the period of such Wants. a. Time Extension, Subdivider'may make application In writing to the City Council far an extension of time for completion of the Improvtirrrents. The City Council. In Its safe and absolute discretion, may approve or deny the request or candltionaly 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 herelnebove, to cover the period of wdenslon. The value of the securities shag be sufficient to ensure the performance •of and Payment for Improvements ttiat remain incomplete At the time of the, extension, , and toprovide warranty seaurily on completed Improvements. 9 ,'3unteariNotiurf" 13 to fgls�f�APtoy61 .of_sBed-imprVements, Subdivlder.Shall, P,lees-s'm'aY i�`�r�r7iste_ihs'af�Se9 66c1g5.'et-sec'oF�a..Subdrvlsbn-MaP41oE �`'-ehii of`ttib-te'Ciuittta Ntonfclpai"Cnde. Suiiifivlder shag provide the City En9lneer written proof that the monuments have been set, evtdenoe of payment and receipt thereof by the gnglnaer or surveyor setting the monuments, and intdrsecgoh monument tie -outs for monuments set in public streets. 74Rga4aewruPR>d aPAY4�sMlepeb�I �� 4t F1W�CW W_Au�YLBM1SiaNaRFiabOm {a 375 . . .....: .......__.____ 'Upon receipt of, sold request, the City Engineer or a duly-euthof ed.representative will review the fequlted doamentaNcn and will Inspect the Improyemente.�lf tTie Ifiprovemerds ere detaimtned to ,``s`ftall recofnmeni! nwt+pteiice of 1tt®ItttprovemenPs by,ihe Clly Couricll, ' - - - — 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to Clly for a period of one (1) year, beginning on the date of ftrrel acceptance of the Improvements by the City Council, against any defeetive work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13, Release of Saelldty. City shall retain end 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 sumelent to show claims of Tien, It. any, [hat may affect the amount of payment security released. 14, MRSHERIMEn . If Subdvider faHs to perform any abfigallon hereuntlar and sucFl obligation Inca notmfad wiNiln sixty (80) deys'eNer wrlNen police of defeuN from City, then Chy may performon, and Subdivider shelf pay fhe entire cost of suds padonnanra by 4i<Y Including coals ofasonable attomey's fats Inetrrnsd .by City, in erdordng such abllgalTan. In rases of or compelling public interest, ae determIned by ace City Englnesr, the requlremenf force of detauN andfar the passage of slaty (Nil) days shall be deemed wafvee end ag other provisions of this Article shall remain In effect 15. Ipdamn,Tfcation. Subdivider hereby binds itself, its officers, employees, agents, representatives, execulors, administrators, guarantors, hairs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless tram and against any losses, claims, demands. actions, or causes of action of any nature whefeoever, arising out of or In, any way connected with Subdividees performance herein under, including costs of suit and reasonable attorneys' fees. 16 dp� arl ndiNons. Thfa•Agreement shall In no respect act to'modify or amend any pravisfon of the CoMona of Apptvval. in the evert that any requirement or condition of this Agreement Is Inconsistent with or faits to Include one or,mare provisions of the Conditions of Approval, whieh'document(s) is (are) Incorporated herein by reference. the provisions in the -conditions of Approval shall remain in I ffect and shell control, 17, RwvExabIDty. • In the event that any provision or provisions of this Agreement are held uner0orceablp, ail provisions not so held shall remain In full force and ekaai, 1N. p�pr<yat Prov;eiohs. , A Ali notices pursuant to this Agreement shall be in writing end shall be personany delNered or serf by registered or eeltNtad mail, return receipt requested, to the parties at thah reapecfrve addresses indlceted hereon• Notices personally delivued shall be elf teotive u n�Nte date of Notices mailed as provkled tiamin and Sant postage prepaid shall be eff¢c po delivery m refusal Indicated on the return receipt, Either party may change Its address for notices hereunder by notka in the other given in the manner provided in this subpareglaph. B. The terms, condlllens, r:ovenenfs, and agreements set forth herein shelf apply to and bind the hairs, executors, administrators, assigns, and successors of the parties hereto. TiPndedirlN9uAar+ieP��IP,�dlA�44eIn P+n➢�N4adL�a,�tOtl902WN5iT:t81�W sm 316 . _..._____.____ nua .+ cuuu ,u. ea r. iw • V C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement, D. This Agreement shall be govomed by and Interpreted with respect to the taws of the State of California. E. In the event of any, dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys, fees from the non-prevaiing party. R Any failure or delay by either party in assertlnq arry of Its right8 and remedies as to any default shall not operate •es 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 vn ten above. • CITY: City of La Quints 78 495 Calls Tampico La Quirta, CA 922W 7t3MM-7o75 Thomas P. Genovese, City Manager Date ATTEST: City Dark SUBDIVIDER: Puerile Awl Partners, LLC MW S.W. Upper Scones Ferry Rd #100 Portland, OR 97924 (So3) aam-2a31 Date Tide: By: Date Tide: Reviewed and Approved: City Engineer Data Approved as to Farm: City Attorney Date . fN' MIQvi�P19NsInPmyee�WYerffJW—�83�CNOIff< fie T+PIoiKl CSK1°PImKdlellnMq/MopmN Plojvi#.NO . 377 '-�-.......uru .-u..0 n4B IJ GYUU IV•YU h Exhibit A ON -SITE SECURITY - TRACT MAP NO.3009&2 r. , o improvemettLv designated as "Patcipatory' have been or will be constructed by others. Security for ParticipatorylmproVements shall remabl in place Indefinitely until called upon or released by City. Moriumentelion security shall guarantee performance of or payment for the work end shall be utilized or released as specified In Chapter 4, ArUcle•9 of the Subdivislon Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of perfomtanea security. Partial releases shall be for not lose than ten percent (10%) of the total performance secUrtty for the tract and shell 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 parilsi releases, setting forth in detail the amount of work complated.and the value thereof, shall be made in writing to the City Engineer. Labor 8 materiels security shall ramaln' in place until 9d days after all required tract Improvements are eompiet@ and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ $ i` Street lmpmVemants $ 181,9Z0 $ 181,920 Domestic Wetar $ 75,210 $ 76,210. �• San"SaWer $ 79,290 $ 79290 Dry Utilities $ 210,000 S 210,000 Monumentatlon - $ 10,000 - $ - Totals $ 5$6,420 $ 546.420 Standard 0%Contingencey $ 55,642 $ 54,842 kTOW Construction Cost $ 012,062 $ 601,062 Professional Fees, Design 10% $ 61,206 $ $ 80,106 50,106 Professional Fees, Const 10% $ 811208 No Plans ContlngancY 25% $ 153,016' $ 180270 r• Bond Amount $ 887,490 $ 871,540 T.iRry�E emdm�i q'�'b^"d°P�'^� HrtKIMrN�9LSi M P�,�py��2 W N6ri$Badee 7d- 378 VSC076 -- --- _ _.. , . ", �lOo`1e� STfCIi (IF CALIFOttNI:, COMMON AREA COMPLETION SECURITYAGREEMENTAND DEPAaTVENT OF REAL ESTATG b4nRUCTIONS TO ESCROW DEPOSITORY $0001Y15ION5 —§)It1ld•S(a)(2) Ri sI3 (Rev. 3WF) „AreoPonnsA.ex,Ano., ASSOCIATION PUERTA AZUL INC. Aoatcea eritarxrErlP�oa 17700 S.W. BOONES FERRY ROAD, SUITE 100, PORTLAND, OR. 97224 suaotvlDtJz PUERTA AZUL PARTNERS, LLC, ANOREGON LIMITED LIABILITY COMPANY AD0FI58. Cm. SrA?a.nF as I T no S.W. BOONES FERRY ROAD, SUITE 100, PORTLAND, OR. 97224 arnteor suenrvwon BUHDIVISION PUERTA AZUL r•Arwr AmuxICAN TITLE COMPANY At1DaC15, ,aryna, nP eeaa 449111 VILLAGE COURT. SUITE A, PALM DESERT, CA. 92262 caeamv „ Ea CPART ONE —COMMON AREA COMPLETION SECURITY AGREEMENT 1. This Common Area Completion Socrrity Agreement C'Agreement") is made this Of day of cv _ -ft*by and between the Subdivider and the Association identified above_ 2. Recitals. 7� A, Property ro Which Agreement Appplies. Subdivider is the owner of certain real property described as: ALLLL OF TR,4CTNO& 3009&1 AND 30096.2 P' P tY Records of RIVERSIDE County, Califomie (herein "the Subdivision'). B. Public ReporL Subdivider has applied for a California Department of Real Estate Public Report ("Public Report") covering the Subdivision. Prior to obtaining the Public R,aporr, the Subdivider Is required pursuant to the provisions of Business and professions Code § 11018.5(a)(2) to make and retain in full force and effect arrangements assuring completion, free of all liens and claims, of certain common area Improvements listed an the planned Commotion Statement attached to this Agreement as Exhibit "A" ("Improvements"). 3. SecuradObligationtSabdividershallcomplete orcausetobecompleted,atSubdividar'sooleexpense, theloaprovements, free of Al liens and clalliis,bti o`[fiefdTc @i'lore'aic'ti'$i'Iiletfat3datespecified d Exhibit"'A"; cram extension thereof given in writing by the Association to the Subdivider. The Improvemenls shall be completed substantially in accordance with the plans and specifications for the Improvcmdols identified Bit Giestfiovtu/Cltt6hotute Carom. Cur, wvartd eatedor: swttiimta" ga(* % that famine landsecatiinsArrisatloo.strset hontaee, 2nd Pool en" aRtei &tennis"coort oiihlb with Lt -O LA O Qa'Ti3 A — , ns the same may be modified from time to time pursuant to Part One, Paragraph 7, below. 4. Security. To secure the timely completion of the improvements Rae of:dl licne and claims, the Subdivider has procured rho issuance of the; 0 surely band in tbesum of One MIL Three Hand. minty Th.u. Font Hnnd.T%vcny Twnnod DallersfS t-39U?22M y, EXHIBIT 4 379 to the Association. as obligee. l leuerofbi-the benesumaf Onllarsl$ alx,ve, for the benefit of the Association, ), rn the Escrow Holdcridegtiticd seh-aside letter in the sum, of Dollars (S_ I ("Funds") to Ole Escrow Holder, for the benefit of tile Aasociation, a copy of which is attached to this Agreement as Exhibit "H", or ❑ cash deposit in the sum of Dollars (S l has been deposited with the Escrow Holder for the benefit -of Association. The term "Security" as used in this AVeamani refers to the cash deposit, surety bond. letter of credit, or set -aside letter identified above, togetherwith any funds dmwn thereundencald by the Escrow Holder. Subdivider %ftnunts that as of the date hereof, the amount set our in abibit "A" for each Improvement suffiecs for completion ofthe Improvement free of all liens and claims. 5. Improvements Account. If the Security is a set -aside letter, the funds set aside by the Issuer thcreaf ("Funds") will be retained in an account controlled and administered by the lasuer. The Subdivider hereby gotnts the Association a security interest in tite Funds to secure the Subdividef s peHormw a of its obligations to the Aseoclatioa wader this Agreement. Without the express written oonaent of the Association, the Subdivider shall not request or receive disbursement of any installment from the logrmverneals Account exceptfor laborand materials actually perfotmedor used in the construction ofthe Improvements for which the installment is requested. Ten percent (10%) or more ofeach installment or tenpercent (10%) or more of the funds set -aside ("retention") shall be retained in the Improvements Account, without the express written consent of the Association, the Subdivider shn11 not request or receive the disburmnient of any portion of the retention until all of the Improvements have been completed, free of all liens and claims and (i) the statutory period for recording mechanics lien claims for the Improverneots has expired, or({i) the Association has been provided widla policy of title insurance, in an amountnot less than the cost ofThe completed Improvements, insuring that the Improvements as of are free of liens and claims, If at any time the funds in the Improvements Account are or become imuf iciem for completion ofthe Improvements, free ofall liens and claims, suff'ieientadditioael funds to complete the Improvements lien free shall be deposited by or on behalf of Subdivider into the Inyrrov amems Account, 6. Oetey fn Completion, Tha Snbdividwrttay extend fortip to six moathcthe dme to complete the improvements as a result ofdelays causedby acts ofQod, of2ndeptndentconhattors, inclemantweathar, labortrou6Je,aetsofpublic uFilities,publie bodies, ar inspectors (tsuttrottelafed to possible dafeeta in conoactm's �r{ormanca), or ofhor contingencies unforeseen by Subdivider mud 6ryand Sttbdtvtder's reacoiable toatrol. The SubdM dershall notify in wrifing the Commissioner, the Association and any escrow botdera such extension. The Subdivider may extend completion for longer periods of dme upon approval of the Association. No extension under this section shall be cff"I", unless the Subdivider assures that a security atrangemanr exists to cm er such extension. 7. plan Modificiatione.Subdividershal) have the right without the consent of the Association to make alteration to the plans and specifications and ro the bol rovements (i)tc meettherequimmenrs ofbulldingcodes and other govemrnentregulation of construction; (if) to meet the tnquirenaeeus of the government agencies baviog jurisdiction over the construction; and (M) to make minorchanges, including, without limitation changes in fixtures, electrical cudets and Switches. hardware, and surface finishes, provided such changes or alterations do notresultin au Improvement oflesserquality and value than was provided for in the original plansand specifications. Except as provided bythis Section, Subdivider shall not alter the Plans and specifications applicable to any improvement without Association's consent, and shall construct the Improve_ meats in conformity with such plane and specifications, unless Subdivider has obtained tho written consent of the Association to make such alterations, which consent shall not be unreasonably withheld by the Association. S. Insurance. Subdivider beats the risk of loss for each lniprovemem unfit lien•$ce completion of that Improvement. Subdivider shall, at all times until completion of the improvements, maintain in full farce and effect n policy or policies of prop" insurance containing the usual terms and restrictions on coverage which protects die Subdivider against loss or damage to the Improvements from loss or other casualty covered under course of construction insurance. Subdivider shall, at all times until completion of the Improvements, maintain in full force and effect policy or policies of Worker's Compensation insurance to protect The Subdivider from cgnims and damages from Worker's Compensation claims arising from the completion of the Improvements. C 380 ._............. ---- .", .� cvvv W.I.,r.eV v. Performance of Obligations, if the Subdivider fails to perfarm the Subdivider's obli�tion under Pan Onc, Para Xraph 4 of this AgrCCment, the Association ehellhave the right, whether through enfomementofdte Sccaritydemand on funds brawnthercunderheldbythe Escrow Holder, orotherwise.ioreceivesuchsumaatmay berequired tosatiafytheoplige Ion of. the Subdividcr under Part One, paragraph 3 of this Agreement, ond'the Subdivider shall, without regard to anv other disputes or nc foliations then existing, immediately take any and all actions and execute any and nil documents as may be mquired to aid 10 Subdivider ornfrornse nProceeds ofch sums to the Security ashall be credited against stay claim b,� the Assoela the 7o narlrinb. outIn file f Hre Subdivider's failure to perform Elie Subdivider's obligations under this Agreement: Upon fill and final performance by Subdivider ofSubdivider's obligations under this Agreement, the Association shall, without regard to any other disputes ornegotiationsthcn existing, immediately takeany andall actions end execute anyand all docummis reasonably necessary to cause the Security to be released and exonerated. 10. Provisions for Arbitration of Counters. in the event there is a dispute between the Subdividerand the association with tespectEo this Agrcemmt, ofthe enforcurnenk exoneradou, orrelegse ofthe semLrity, the issue or issues shall, et the request of either Subdividerar Association, be submitted to arbitration, in accordance with the Commercial Arbitration Rules of the American ArbirrationAssociation ("AAA") beforcmh arbitramrselectedfrom thepanolsofthe arbitrators ofsaidAAA, In the event ofroarral to arbitration, Subdivider will remit the fee to initiate the arbitration, Tim parties agree, howevuthat the costs ofurbitration shall ultimately be borne as determined by the arbitrator- The partien further agtco loahide by Ore determination of the arbirratorwith respect to the enforcement, exoneration orrelease tithe Security and with respect Vr poymant ofthe Costs of mbitrotion. i 1. Attorney's Fees. In any action or proceeding arising out this Agreement, the prevailing party or parties shall be entitled to reasonable etmmW s fees. 12. Obligetious of parties; Assignment This Agreement and the tights and obligations of each of the rety. p patties are personal to suchparties mdmay not betamadertedorasaigt ed withouttha priorwritten wnsedtofdheegrar,excet thetSubdividar may assign its rights under this Agreement to a suecessar in interest as part oft, tmnsfbr of the Subdivisnaecoi tt in its enti Subdivider may also assign its rights under this Agreement to the issuer of the Security. Suds assignment does sot i C the assignee liable for any of Subdivider's obligations pursuant to this Agreement.0rrehe nless such obligations have been specifically assumed by the assignee in writing Any assignment in violation of this Section shall be void. 13. Binding Upon Suecassors. This Agreemehtsod the rights and dudes of the parties shall be binding upon and shall inure to rite benefit of the successors in interest, and assigns of the respective parties. 14. Laws of CaUlarnis. This Agreement SW be construed and governed by the laws of the State of California. 15. Delivery of Agreement. Subdivider shall fomish the Association with an executed copy of this Agreement and the Instructions to Escmw Depository along with evidence of the security deposited with Bacrow, no later then ten (10) days after the closing of the first sale of a lot in the Subdivision owned by the Subdivider, lb. CompleteAgreemenr.ThisAgreemmteomainatheentireagreementbetweenthepartieswithrespeattothesubjectmatter covered in this Agreement. PART TWO — INSTRUCTIONS TO ESCROW DEPOSITORY This constitutes Joinr escrow instructions of the Subdividerand the Association, which instructions arc irmvacoble except as modified by written supplemental instructions executed by the Subdivider and the Association. The Subdivider and the Association are the only principal$ in this escrow, Escrow Holder hereby acknowledges receipt of the cash deposit, surety bond, letter of credit, or set aside letter described in Port One., Paragraph 4 of the foregoing Common Area Completion Security Agreement, Unless otherwise specificagy stated herein, the enpiWizcd tends in these instructions shall have the some meaning as set forth in the foregoing agreement Nothing contained in these Instructions 'imposes guy duty on the Escrow Holder to interpret Business and Professions Code § 1101to audit in any way The Subdivider's discharge of its duties or obligations with respect to the improvements, or to verify the truth of the starementa made in any notices given to the Escrow Holder by the Subdivider or the Association. Excopt as otherwise provider! by law, the duties of the Escrow Holderare to mccive, hold, release, or draw upon the Security in accordance with the following instructions. These instructions may be modified by the written joint or mutual instructions of the principals. Escrow Holdenccreby agrees to comply with the terms and provisions of these instructions. 381 I I.b F. G. IV. GV r. uo C Li k£ 6Lt I . Return Of The Seenrifi- To The Subdivlder, A. If the Escrow Holder receives a demand from the Subdivider for the accompanied by the Subdivider%. SIRldh5en ,thm all of the ,Security, Mlicit demand is sent eolopleted,,free- of oil liens and ij71'P_Vetnenfal'ivs eicpited, er (-if) the 15) x a - win atu.ra��ra� the Pta{eelitTlan [tat the ssocratton a licit abJee�n m;e4trtt ni d7e Se�urii td fhe Sitbdtvider nuis`6i naee7vsd 6y the Escrow Holder x ittita iany, {dbj'dnys a*f ro_(ivery of the demand a"'tld statement to -the- asocintian:- B. ifwithinforty(40)calcndardaysafiersuchdalivery the AssociadondetiverstetheEscru" 0hiertheAssociation's x•ritten objection to the returns eftbe Security to the $ ubdivider, then theEsc[ow Holder shell cantina. [e hold, release, or draw upon d7e Security in accordance with d7ese insuttetions, if within forty (40) calendar days after the Escrow Holder del(vehs the demand and ststementto the Association, grits attthotizcd agent, the Associadan does not deliver To [he EscretvHoldertlte Asa am 'I obJeetionlo [he return ofthe5ecurity mitre Suhdivider,then the Escro... Flolder shall promptiy deliver the Security to the Subdivider, 2. Remittance Of The Security To The Association A. If the Escrow Holder receives a demand from the Asseciaton for the remitunice of the Security, or some spacifia Portion thereof, which demand is accompanied by a written statement signed by'an officer of the association that, as offerty (40) days following the latestcwnpletion date specified in the Planned Construction Statement attached to this Agreement ss Exhibit %!% or an extension thereof given in writing by the Association to the Subdivider, the improvements have not been completed free of all (ions and claims, then, within fifteen (15) calendar days ofrcceipt ofthe demand and statement, thcEaamw Holdersholl deliver a copy ofthedemandand the statement to the Subdivider, mgethatwithasbtamcntnoti mgthaSubdivider dattheSubdivider'swritten objection toreminaneeoftteSecurity to the Association must be received by the arrow holder within forty (40) days after delivery of the demand 'and emtement to the Subdivider, B. If within forty (40) calendar days after such delivery, the Subdivider delivers to the Eaero W Holder the Subdivider's written objection to thammittonee of the Security to the Association, Then the Escrow Holder smell contiaue to hold, release, or draw upon the Security in accordance with these instructions. If within forty (40) calendar days after the Escrow Holder delivers the demand and statement to the Subdivider, the Subdivider does act deliver to the Escrow Holder the Subdividers written objection to the remittance of the Security to the Association, then: 1) If the Security is a surety bond, the Escrow Holder shall promptly deliver the Security to the Association; Z) If the Security isit letter of7credit, the Escrow Holdershall promptly present the Security for payment of that portion of the Security specified in Association's demand by presorting the Security and a sight dmfl drawn under and in compliance with the letter of credit to the issuer of the lever of credit, and upon receipt of payment promptly remit to the Association that portion of the Security specified is the Association's demand- 3) if the Sccuriry is a act -aside latter, the Eacrpw Holder shall pramptly make demand in compliance with the set - aside letter to the issuer of the set -aside letter for payment of that portion of the Security specified in the Association's demand, and upon receipt of payment promptly remit to the Association thatporden of the Security specified in the Association's demand; 4) if the Security is or has become a cash deposit, the Escrow Holder shall promptly remit to the Association that portion of the Security specified in the Association's demand. —3.�.:ati�etoasoi)f the-Seeurhy 7:I�oo�chtfinattrLcr7ons.— Jlf the perow Holderteceivcs Wrliten insttuMlons flare both the Subdivider and the Association directing the Escrow Holder to return the Security to the Subdivider or to remit the Security, its proceeds or some portion of the proceeds to the Association. the Escrow Holder shall promptly comply with the instructions. 382 mug to tuub iu:[b P.06 4, Conflietinginstructions. in anyof the circumstances desenbed in subparaataphsA through F, below. rite Escrow Holderehallt at its sole discretion. either (1) inretplead the Security. (2) retain the Security until the Security is returned to the Subdivider or remitted to the Association In accordance will, dieseinslruelions, ort3)retain the Security until the Security is disposed of in accordance with written supplemental instructions executed by the Subdivider and the Association ortheorderofa court ofcompetent jurisdiction: A. The Association timely objects in writing to a demand by the Subdivider for the return ofthe Security: B, The Subdivider'& demand for the return of the Security is nor accents Paragraph 1-A, above; panied by tile Statement described in Part Two, C. The Subdivider timely objects in writing to a demand by tine Association for remittance of all or any pottloo of the Security; D. The Association's demand fbr remittance of the Security is not accompanied by the statement described in Part Two. paragraph 2-A, above: or E. The Escrow Holder receives conflicting instructions from the parties to this esvow. 5. Pend)og Return Or Remittance Of The Security. A. If the Security is a letter of credit, and ,infthe issuer of the letter of credit has not extended the time for drawing upon the letter ofcredit by"banding or reissuing the letter ofweditand depositing the extension orreissucd tatter of credit with the Escrow Holder, than f3iieen (15) calendordays prior to the expiration ofthe timefot drawing upontha ]attar of credit, the Escrow Holder shall present the Security for payment in full by presenting rite Security and e, sight draft drawnuheernec tocomplienSewiththela cash dcdlttcrhoissuerofrhelatterefaretgt,anduptmrereiptofpaymeat handle the proceeds of the Security as a cash deposit, The Fscrow Holder shall notlfy the Association and the Subdivider upon receipt of proceeds of a draw on the letter of trcdit C S. Ifthe Security Is or bag become a cash deposit, the Bartow Holder is hereby instructed to deposit all funds deposited in the above- numbered escrow in a federally losurad inteMl-boaring account or accounts, in the name of the Escrow Holder for the benefit of the Association. The parties hereto agree and understand that said fuends are under the control ofEverow, Holder and therno withdrawals or additions may be made by anyone other than Escrow Holder. The interest named on Said account is for the benefit ofthe Subdivider only, and the Escrow Haldershall cause tine interest earned oar said account to bepaidtoThe Subdivider. Taxpayer IdendficationNumber shell be fumishcd by Subdivider in order for Escrow Holder to open an account for a cash deposit Escrow shall furnish the parties with account information within tive days of opening. C. If the Security is a surety bond, the Escrow Holder shall retain the Security until the Security is returned to the Subdivider in accordance with these insurrections or disposed of in accordance with the order of a court of competent jurisdiction. D. If the Security is a set -aside letter, the Subdividerhas granted the Assoeiution a security Intctrst in the funds set aside insecure the Subdivider's obligations to die Association to complete thelmprovements, and theEscrow, Holder hereby acknowledges inch security interest fi. Notices. Delivery of all notices and other documents described in these Instrucdons to Bacmw Depository or in the foregoing Common Area Completion Security Agreement sball be made by overnight or same -day commercial delivery iaroice or by United States mail, certified or registered, postage prepaid. All such notices land documentaeball bodeemad delivered, given and received: (a) the day ofsending viresame•day commercial delivery service; (b) the following business day after sending vlu overnight commercial delivery service; or (c) three (3) calendar days after deposit in the United States mail. All such notices shell be addressed as set forth on page I of this Common Area Completion Security Agreement and Instructions to Escrow Depositary; provided that the Association, the Subdividor and the Escrow Holder may at any time change their respective address for notices and other documents described herein by sending to the other two parties n written notice specifying the now address. C. 333 ......... .. ..w..u�•�...� �..... uuvcc�ouvu nu, la Z000 IV; LI r.UI V' RE W ?• Cdutrtcrparte. ThIS Common Area Compictlolt Seettrity Agirccmant and Intantcrinns to Eserow Depasitory may he ccectued In counretpaers. and all cauntnrpnns ronether shall be construed as one documcm. Dared: �'! Puerto Azul Fartnero. LLC. an Oregon Ltd. Mall. Co. Sbbovider F- ' :rl=t.c.� • +^lam' �✓. r✓wh ... �L S+' S .. Dated. `' O f�0 7 Puerto Ai I. Inc. .. „8690{iatian � -YS. I yr�c1.NBY4. Dried: First Amarleaa 7iNe Company Escmw7idder C 384 C ova U euuo IU;er r� t v nnnzu wNSI'RUC'170N STATEMENT fill AZW Vscn(on Villas, IRQuilts, CA 6l1A rRev 7imi 095 Square Feet GrealimitsdClubhousn COmmun(ly Center, Includes 4-391 sfcomman coon, 924 sfin egers apnrtM4c , 50 sfmnred entryand 230 sf sattport. Formed slvoco w/ clay the roar. Interiors Include serving kitchecreswomamremictlla Doors. 5,585 sf®.fi110/sf S 614,350 .872 Square Feat Covered Exteriors: Attached canopies to Greathouse, mod flamed trellis on Cast in place concrete coludms: 1,1172 of ® $30.00/sf S $6,160 1 AD Square Feel SwisZolingPoolArm Deck- IIAOOsf@56.3D/sf s 72,900 $70 Square Feet Swimming Pool: Ganitc w/ the coping & sallne filtration s 43.050 15 Square Feet Spa: Gunnyw/tilecoping S II. Mill '0 Linn] Feet Pool Arm Fencing: Decorative Wmughl Iran: 350 "g 11.50/11, S 4.025 ,000 Square Feet Associated Landscaping & Irrigadorn Includs SOD, 3 to 5 gallon shrubs,& miss. pots and plants: (Greathouse common Amu only: Madison Stint Frontage to be conpletod by June of2W4.) 16,OOo sf s 125,00D 1000 Square Fear Private Steer Frontage including curb and grater. ° First lift of paving will be placed by June of 2004. Final Uft upon completion of construction and improvements near December, 2004. $ 65,000 1 Square Feet 2nd Pool House Reswoms: Wood Framed Slum) 550 sf ns$0/sf S 44.000 00 Square Feet 2nd Swimming Pool: Gunite W/ the coping &saline frlWtion. 2,400 af@915/sf $ 36,000 Lineal rest Entry Gates: Demratvle Wrought Iron w/ keyless remote miry. (2 s 40,000 OO Square Feat Tennis Court; Can In place concrete w/ fencing ® 2 ends, net & acceswies (Tennis Court will be Included in Jief of dclated "Wet Pbty Aim") S 46.M FM�tnrea nau11e Canada S.MM."USkM hVldl S 231.737 s IJ901122 r. uc Es6mMed Comale inn �eb.l 1IX75 I 'eh� 20a5 ch1 Jln: 2005 2004 N105 2005 20D4 2005 a. W A.I m. 30kUUM C I 05/13/2008 07:40 7603469918 DESERT RESORT MGMT PAGE 04 April 14, 2008 First American Title Company 44901 Village Court Suite A Palm Desert, CA 92262 RE: Puerta Anil bond number 5560768 Release Dear First American Title Company, Puerta Azut Partners and the Puerta Azut Home Owners Assocation are writing to request final release of bond number 556076S associated with the Puerta Azul subdivision DRE File Number 1096SOLA - F00. Bond number 556076S is a Common Area Completion Security Agreement between ASSOCIATION Puer& Azul, inc. 17700 S.W. Boones Ferry Road, Suite 100, Portland, OR, 97224 rrT.I SUBDIVIDER Puerta A2ul Partners, LLC, an Oregon Limited Liability Company 17700 SM. Boones Ferry Road, Suite 100, Portland, OR, 97224 In accordance with the provisions set forth in Part Two Section 1.A Subdivider and Association hereby state: Please provide a format letter of exoneration for Puerta Azul bond number 5580765. Mark u�CEOManaging Member Puerta Azul Partners, LLC, an Oregon Limited Liability Company �(Cway, Suite P, PMB 430 ke Oswego, �R-97.036 a'e Barre0anW4Fe1Pueir�taAz7�uPbH0- A Board President --- Puert Inc. 73-650 Alessandro Palm Desert, CA 92260 336 EXHIBIT 5 C C C 0e® CITY OF LA Qu(NTA COPY SUBDIVISION IMPROVEMENT AGREEMENT - TRACT No.30096 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered Into this, S-cw- day of 200E by and between Puerte Azul Partners, LLC, , a Oregon Corporation h reinafterreferred to as "Subdivider," and the City of La Quints, a municipal corporation of the State of California, hereinafter referred to as, "City," , RECITALS: A. Subdivider has prepared and filed a final map or parcel 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. 30096 (the "Tract") pursuant to the provisions of Section 66410, et sec of the Caliomia Govemment Code (the "Subdivision Map Act"). S. Prior to approval of the Map[ Subdivider is required to install or agree to install certain public and private improvements(the'9mprovements"); F 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 approvval by the City Council, Subdivider shall furnish original irrtpilb7om n plbhs'mbiting ihe'reginfements oftite Ctty Emgmeer. ; 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,ipayment of Subdivider ,Bair share of Improve(nehts".which have been or will be constructed by others (°Partfcipatbry ifh;ir , , aiitsj; and payrrientbf'plan"check and permit fees.(A second class of security to be provided by Subdivider, tierelri'afte� refered to aarpaym'enE sei5ntp," shall assure thte payment of the cost of labor, equipment and materials suppiled to constructthe�mprovements A third class of security to be provided by Subdivider, hereinafter referred to as°Lvarrmty`sesunry shall serve as a guararitee and warranty of the Improvements for a period of one year following the completion and "acceptance of the Improvements. Subdivider shall fumish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security, after Improvements ere complete and accepted by the Ciiy Council end prior to or concurrently with the final release of performance security. Warany security shalt 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. B. Improvement security shall conform with Section 66499 of the Callfomla Govemment 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. TAMDEPTIDevdlvlAgmema W30096 offsNe ala.daa 7 3 3 Pa e t `6 EXHIBIT 6 ; ' C 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 letterof 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 itwouid 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 parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, 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 CImprovements. 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 Tan 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 administrefive fees applicable to the form Of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual secudty 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 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 3.8., 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 3.6., forwhich 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 Cnot less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 S, above, there will be no administrative fee. T:tPWDEFTWevdivlAgroomanUs 30099 offsite sie.dm Page 2 of 6 388 CE. 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. ,u Security sfiatl'tie released lri fglowing manner. C 1 } Parformance'seCurity'shail be released upah the final completion arid- acceptance or approval, by the City Qouirc i'ot� ft#te lmprovements'st9tijedt .the, provistohs of pof. paragraph t3 . 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. payment by Subdivider of Subdivider's 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. after final sets are satisfied or until Subdivider 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 provistons 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, Subdividershall 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 Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. TA?WOEPTWavd1vlAgraemems130008 oftsite sia.doc Page a of 6 389 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) 1 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 requirement6 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 Subdividers obligations hereunder. C_ 7. Force Maleure. in the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers 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. 1( . " ,,SvrvedMo�zirfaents Before final approval of street-tmprovements, Subdividershallplace survey monuments in`acance wfie`pprdolsibnsofSectioris66495 a sec. ofthe Subdivision Map Actand otirie 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 manument tie -outs for monuments set in public streets. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required eweYwnce of ma xulptavctuotatn uy :uac: c:ny.ovwnum: ; 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City fora period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. C14. 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 TAPWDEMDevdlvlA9reements\30D96 affshe sle.doc Page 4 of e 390 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 Modfficatlon of Condifions. This Agreement shall in no respect act to modify or amend any provision of the Conditions ofApproval. 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, C executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. C T;%PWDEPT%DevdlvlAgreements%30096 ON%sia.doe Pace 6 Ot 6 391 C IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quints Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: B�ac Title: 42 o>rpisPc,.-,— ryfir,,grsL UM Title: Reviewed and Approved: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Approved as to Form: City Attorney 78-495 Celle Tampico La Quinta, CA 92253 7601777-7075 Date Puerta Azul Partners, LLC 17700 Upper Boones Farm Road#100 Portland Or 97224 (714)936-5853 Date Date Date Date T:WWDEPTnDev& I Agreemerris\30096 effsf[e sie.doc Page 6 of 6 392 C 'Exhibit A Ssdup Ty-TRACTNo 30096 OPP=SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agend nation of the Map for approval by the City Council. 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 pertormance 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 $ 121,893.77 $ 121,893.77 Water $ 49,608.00 $ 49,608.00 Sanitary Sewer $ 11.760.00 $ 11,760.00 Traffic -Signal fa bedeeMd*000dMaSofApprove0 $ 75,000.00 $ 75,000.00 Cost of Improvements $ 258.261.77 $ 258,261.77 Standard Contingency (10%) $ 25,826.16 $ 25,826.18 Total Improvement Costs $ 284,087.95 $ 284,087.95 fN �, Professional Fess (Construct on) . $ 28.408.7_28 408.79 (feX or,ev scosrorstas,sezoawrmromprerepfens/ ��_ .,� Total Bond Amount �� $ 312,496.74 P. d� $ 312,496.74 393 C STATE OF Oc9Z County of Q%N. Tc pR,p`��, I certify that I know and have satisfactory evidence that Signed this instrument, on oath stated that he is authorized to execute the instrument And acknowledged it as the CEO of the Managing Member, Puerta Azul Partners, LLC, to be the free and voluntary act of such parry for the uses and purposes mentioned. ry�V' OFFICIAL SEAL CAROLYN M. PACE NOTARY PUBLIC-OREGON Dated: 0 COMMISSION NO, 344800 MY COMMISS!4N EXPIRES APRIL 10, 2005 C11Q: �..r-cam C4'\ Notary Public i he state of «, residing at i�l2c.T \_.cej My appoindnent expires C 394 C P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 February 9, 2009 George Robertson Puerta Azul Partners, LLC 3 Monroe Parkway Suite P — Box 430 Lake Oswego, OR 97035 RE: Tract Map No. 30096-1, Puerta Azul Final Acceptance of Off -Site Improvements Dear Mr. Robertson: This letter supersedes my letter of June 2, 2008. Final Acceptance of the off -site improvements and release of the associated securities will be placed on the agenda and recommended for City Council acceptance when the following items are completed: • Traffic Signal — Developer shall enter a secured agreement for the deferred installation of a traffic signal at the southernmost site access (Madison Street at Calle Azul). Applicant's share will be 50% of the signal cost as required by Condition Number 45A(2) in Resolution No. 2001-55. Developer can satisfy this obligation by making a cash payment for 50% of the City's estimated cost for a traffic signal in the amount of $215,000. (Please see attached Resolution No. 2001-55) • Punch List Items — The City inspector has identified uncompleted or unsatisfactory work items at a field inspection. These items are listed on the punch list and are to be completed by the developer. (Attachment 1) EXHIBIT 7 *5 T:\Tracts-Parcel Maps SP\30000-39999\30096\External Correspondence\Conditional Final Accept offsite with Punchlist TM 30096-1.doc Page 1 of 3 If you have any questions regarding this matter, please feel free to contact Amy Yu, Assistant Engineer II, at (760) 777-7047 or Ed Wimmer, Development Services Principal Engineer, at (760) 777-7088. Sincerely, imothy . on s on, P.E. Public Wor s Di ector/City Engineer TRJ/EJW/ay Attachments: 1. Punch List for Off -Site Improvements with Photographs 2. Resolution No. 2001-55 cc: Lori Livacich, Puerta Azul Homeowners' Association Amy Yu, Assistant Engineer II Tract Map No. 30096-1, File I NNEIRLerr TATracts Parcel Maps_SP\30000-39999\30096\External Correspondence\Conditional Final Accept offsite with Punchlist TM 30096-1.doc Page 2 of 3 ATTACHMENT 1 PRIVATE DEVELOPMENT PUNCH LIST Tract Map No. 30096-1 — Off -Site Improvements Development Name: Puerta Azul The following items are to be corrected or completed to comply with the project specifications. Please verify the completion of these items and then contact Daniel Valenzuela, Assistant Engineer, at (760) 777-7096 for further inspection. 1. Repair planters in parkway along Madison St.; water is leaking through the existing block wall onto the tennis court. 2. Remove and replace existing landscaping to provide better sight Cdistance at Madison St. and Calle Azul. C 3. Remove fourteen (14) existing mesquite trees in parkway are along Madison St., and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) T:\Tracts-Parcel Maps_SP\30000-39999\30096\External Correspondence\Conditional Final Accept onsite with Punchlist TM 397 30096.doc Page 3 of 3 i ; x�': �,:Y i r :��Y i Y iF +�� ' MF' '•{ y. 1 '. / r '� „ � kMkS� to ..u�S.�h � � � .'�9 � � �WO \'^ ...a .� .: IT , \ \/dam Resolution No. 2001-55 Conditions of Approval - Approved Tentative Tract 30096 May 15, 2001 Page 9 permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 42. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 43. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. C 44. 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 trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 45. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS (MADISON STREET) 11 Construct 43-foot half of 86-foot improvement (curb face to curb face) plus 6-foot meandering sidewalk. Applicant to construct median modifications to allow left -turn in from Madison Street as required by the Traffic Impact Analysis. 2) Applicant shall enter a secured agreement for the deferred installation of a traffic signal at the southernmost site access. Applicant's share will be 50% of the signal cost. 492 Homeowners Association November 18, 2008 Mr. Tim Jonasson Director, Public Works department City of La Quinta 78495 Calle Tampico Le Quinta, CA 92253 Mr. Mark Rockwell Puerta Azul Partners 3 Monroe Parkway Suite P PMB 430 Lake Oswego, Oregon 97035 Dear Mr. Jonasson and Mr. Rockwell: The Puerto Azul Homeowners' Association is aware that at the time the City of La Quinta approved the development application and specific plan for Puerto Azul, the conditions of approval included condition number 45 A (2) which requires the developer to "enter a secured agreement for the deferred installation of a traffic signal at the southernmost site aocess." It is the position of the Puerta Azul Homeowners' Association that a traffic signal would not benefit Puerta Azul but would be detrimental In that it would create light pollution as well as traffic noise and added auto emissions from "stopping and starting", and It would make exiting from the site more difficult. We concur with and support Puerta Azul Partners' request to have condition 45 A (2) amended and/or removed from the conditions of approval such that a traffic signal will no longer be required nor installed at "the southernmost site access" to Puerta Azul. Further, the HOA requests that the City remove or modify the median on Madison Street, so that vehicles leaving Puerta Azul from "the northernmost site access" can make left turns on to Madison. We believe this would significantly improve traffic flow, as well as safety in and out of Puerta Azul. I would welcome the opportunity to discuss this with Public Works. If you have questions, you are welcome to contact me at 949-254-3698. Sincerely, Lori Livacich President Puerta Azul Homeowners' Association 57-325 Paseo Del Lago La Quinta, CA, 92253 EXHIBIT 9 404 btvi at/v64� Quo JAN 1 9 2009 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPI(,'O (760)777-7000 LA QulNr%, CALIFORNIA 92253 FAX (760) 777-7101 January 12, 2009 Lori Livacich President Puerta Azul Homeowners Association 57-325 Paseo Del Lago La Quinta, CA 92253 Dear Ms. Livacich: Thank you for your letter outlining your concerns with the access locations for the Puerta Azul community. In your letter you requested that the full access entrance to your community (i.e. one that allows both left turns in and out) be relocated from its current location at the southern most site access to the northernmost site access. After conducting a field review of the locations it was determined that the existing full access entrance is shared with the PGA West community to the east As your desired full access point at the northern entrance is only 350' to the north of the existing one, it would be undesirable to allow two locations left turn access onto a major arterial in such close proximity to each other. Closing the existing full access point for the PGA West community would impose an undue burden on its residents as there it is over a mile and a half, using the internal street system, between the entrance in question and their next closest full access point on Madison. It is staffs recommendation that the existing full access point be maintained at the southernmost entrance to Puerta Azul and that the request for full access at the northernmost entrance be denied. Your letter also requested that condition of approval for the Puerta Azul specific plan #45-A2 requiring the developer to enter into an agreement to install a traffic signal on Madison Street at the southern entrance to Puerta Azul be rescinded by the City. Although staff agrees that a signal is not needed at the present for residents to safely enter and exit the community, it is projected that substantial development to the south and east of Puerta Azul will create significantly higher volumes of traffic along Madison in the future. At some point these volumes are expected to be high enough that a signal will be required to allow for the safe execution of movements into and out of both Puerta Azul and PGA West communities. Eliminating this signal will also affect the PGA West community east of Puerile Azul who is also conditioned to contribute a portion of the funding towards the signal. Based on these reasons, it is staffs recommendation that condition #45-A2 placed on the developers of Puerta Azul be retained. Sincerely, dblic hy R. Jo o , .E. Works Direct / CityEngineer CC: George Robertson EXHIBIT 10 405 ATTACHMENT 7 Puerta Azul Partners, LLC April 30, 2009 VIA ELECTRONIC MAIL Mr. Timothy R. Jonasson, P.E. Public Works director / City Engineer City of La Quinta P.O. Box 1504 La Quinta, California 92247-1504 Ref: Puerta Awl / Release of both on -site and off -site performance bonds Dear Mr. Jonasson: This letter is in response to Ms Christina Baine DeJardin's April 29, 2009 letter, written as legal counsel for Puerta Azul, Inc. As i hope you agree, Puerta Azul Partners, LLC has been diligent in fulfilling all of its obligations under each of the three Subdivision Improvement Agreements ("SIA"), that it has with the City of La Quinta for both the on - site and off -site improvements at Puerta Azul, including each punch -list item listed in your most recent letters dated April 9, 2009 regarding 'Tract Map No. 30096, Puerta Azul Final Acceptance of On -Site improvements" and "Tract Map No. 30096-1, Puerta Azul Final Acceptance of Off -Site Improvements." The two on -site SIA's between the City of La Quinta and Puerta Azul Partners LLC (bond numbers 553130s & 556505s) were for "Grading, Streets & Storm Drainage, Domestic Water, Sanitary Sewer, Dry Utilities, and Monumentation." Neither of the on - site SIA's are associated with any of the common area landscaping or other complaints referred to in Ms DeJardin's April 29" letter. As such there is no contractual basis in the two on -site SIA's for the City to further delay release of the security. The off -site SIA between the City of La Quinta and Puerta Azul Partners LLC (bond number 55313S) was for "Streat, Water, Sanitary Sewer, and Traffic Signal" (50% of the cost of a future traffic signal to be installed at the intersection of Madison and Calle Azul). The off -site SIA is also not associated with either the on -site or off -site landscaping or other complaints included in Ms DeJardin's April 291h letter. As with the two on -site SIA's, there is no contractual basis in the off -site SIA for the City to further delay release of the security. Now that Puerta Azul Partners LLC has fulfilled all of its contractual obligations in this regard (except for the requested modification to off -site Condition Number 45 A (2) in Resolution No. 2001-55, as discussed in my April 23, 2009 letter to you regarding this topic, copy attached), the agreement requires that the City of La Quinta accept the improvements and exonerate the performance bonds associated with each of the SIA's. Further, It is wr6ng for Ms DeJardin and Puerta Azul, Inc. to request that the City not 496 honor its contractual obligations to exonerate the bonds, but rather withhold exoneration for the purpose of pressuring Puerta Azul Partners LLC into performing acts for the benefit of the HOA. In summary, we have completed the ADA parking stall near the clubhouse as you requested, and we have completed all of the tree removal/replacement and staking/cabling that you requested along Madison Street. 100% of your modified punch list items are now satisfied and have been inspected by City staff. That should be determinative for the City Council in releasing all three security bonds, as required by the terms of the SIA agreements. Ms. DeJardin letter focuses upon a side issue, i.e. the historical facts surrounding the HOA Board's release of private common area security bonds with respect to on -site landscaping, tennis courts, and other on -site common area improvements. The Common Area Completion Security Agreement (bond 556076s) discussed in Ms DeJardin's letter, was the security agreement between the HOA (Puerta Azul, Inc.) and Puerta Azul Partners LLC (the developer), which covered 100% of the landscaping and common area improvements at Puerta Azul. The undisputed facts show that the HOA released the security for those improvements almost one year ago, on or about May 8, 2008, by the unanimous vote of the HOA Board. Since the time we made the City aware of these facts, in Mr. Zeilenga's March 6'" letter to you, the HOA has had several different responses, none of which square with the facts. This is also the case with Ms DeJardin's explanation in her April 29, 2009 letter. Initially the HOA denied that the Common Area Completion Security Agreement had been exonerated by the HOA Board, claiming that the release signature had been "forged." The evidence provided to you in a sworn declaration from Mike Kwaske, under penalty of perjury, showed otherwise, including the actual Board minutes from May 2008, showing unanimous approval by the Board, releasing/exonerating the common area improvement bond. The HOA's explanation of what occurred has now changed again. Now, according to Ms DeJardin, the Board, didn't know what it was actually approving, and the Board was mislead by an informal cover e-mail. Ms. DeJardin claims the Board, presumably its Management Company, and its lawyers, had no way to know that the Board was releasing a Common Area Completion Security Agreement that covered landscaping, tennis courts, and other common area improvements. In fact she says "There was nothing indicating that the bonds were for Common Area improvements." She further states "Never did the developer indicate that one of the bonds was the Common Area Completion Bond." These statements by Ms DeJardin are absolutely false. The bond release form for the Common Area Completion Security Agreement, that was presented to the HOA Board, three full weeks before the Board's May 5, 2008 meeting, clearly announces on the face of it: "Bond number 556076S is a Common Area Completion Security Agreement....." and further down on the same page, in underlined type states "All Improvements......." The Common Area Security agreement itself, on page 1, section 3, lists landscaping, irrigation, pools, tennis court, etc. as part of the "Improvements." Exhibit A to the agreement also lists landscaping in some detail. See Rick Zeilenga's letter to you, dated March 6, Exhibit 4 and Exhibit A to Exhibit 4. (A copy of the bond release form 556076s is attached). 401 It is also clear from the correspondence attached to Ms DeJardin's letter (see Exhibit E to her letter), that Ms DeJardin's firm, Peters & Freedman, L.L.P. represented the HOA at the time, and was presumably available to the Board to answer any questions that it might have had with regard to exonerating the Common Area Completion Security Agreement. If neither the HOA Board nor its attorney bothered to read the simple one page release form, nor read page 1 of the Security Agreement it references, their defense of ignorance should not be viewed sympathetically by the City Council. See Mr. Zeilenga's March 6'" letter, Exhibit 5 and Exhibit 4. Given that Puerta Azui Partners LLC has fulfilled its contractual obligations under the terms of On site SIA's 553130S and 556505s and Off -site SIA 553131s (except for the off -site Condition Number 45 A (2) in Resolution No. 2001-55, as discussed in my April 23,2009 letter to you regarding this topic), and because none of the issues raised by Ms DeJardin in her April 2e letter are related to any of the three SIA's between the City of La Quinta and Puerta Azul Partners, LLC, we request that the City honor its obligations under the terms of the SIA agreements, and that the City Council exonerate the bonds associated with those agreements at its May 5, 2009 meeting. I would also request that this letter, along with our prior exoneration of the bonds, including Mr. Zeilenga's March Kwaske's sworn statement refuting the "forgery" claim, and you, all be included in the materials that will be provided upcoming May 5u . 2009 meeting. Sincerely, Puerta Azul Partners, LLC Mark P. ockweli, for the managing member C.C. Tom Genovese, City Manager Kathy Jenson, City Attorney Richard S. Zeiienga, Esq. correspondence requesting 6, 2009 letter to you, Mr. my April 23, 2009 letter to to the City Council for the Attachments: April 23, 2009 letter to Timothy R. Jonasson Bond release for Common Area Completion Security Agreement bond number 556076S I m 05/13/20BB 07:40 7603469918 DESERT RESORT I4GNT PAGE 04 April 14, 2005 First American Title Company 44901 village Court Su11eA Palm Desert, CA 92262 RE: Puerta Azul bond number 5560768 Release Dear First Amarloan idle Company, Puerta Azul Partners and the Puerta Azul Home Owners Association are writing to request final release of bond number 556076S associated with the Puerta Azul subdivision DRE File Number 1 OB660LA — F00, Bond number 566076S is a Common Area COMPletion Security Agreement between ASsocIATTON FuenS Azuf Inr, 17700 S.W. Boone$ I" Road, Suit 100, Portland, OR, 97224 And SUBDIVIDER Puerta A= Partners, LLC, an Oregon Limited Liability Company 17700 S.W. Boons Ferry Road, Suite 100, Portland, OR, 97224 In accordance with the provisions set forth In Part Two Section 1A Subdivider and Association hereby state: Please prouI/derma formal letter of exoneration for Puerta Azui bond num er 55607SS. Mark mail, CEO and Managing Member Puerta Azul Partners, LLC, an Oregon Limited Liability Company 8 Int^r—=W Ar-t!way, Suite F, PMB 430 --Puarta-A2 fi, Inc. 73-550 Alessandro Palm Dosed, CA 92250 .- 499 Puerta Azul Partners, LLC April23, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director / City Engineer City of La Quints 711495 Calls Tampico La Quints, California 92253 Re: Tract Map Nos. 30096 and 30096-1, Puerto Azul Project Dear Mr. Jonesson: This is in follow up to our prlor conversations and our on -site meeting at Puerto Awl on Thursday, April 2, 2009 regarding Puerto Awl Partners LLC's request that Condition Number 45A (2) in Resolution No. 200155 be eliminated. We are making this formal request for the following reasons: • A signal at Madison and Calls Azul is not called for in the City of Le Quints's June 2008 Traffic Signal Master Plan. • A signal at Madison and Celle Azul would be approximately 1475 feet north of the traffic signal Installation that is planned for at the intersection of Madison and Avenue 58 — roughly 25% of the typical distance between most of the signals in the south east quadrant of La Quints, as contemplated in the June 2008 Traffic Signal Master Plan. • The Puerto Azul HOA supports elimination of a future traffic signal, and it is our understanding that this sentiment is shared by neighbors in the Legends, on the east side of Madison. • We believe that as traffic increases on Madison, If needed a better, safer, less cosily, and more environmentally conscious method for controlling traffic flow on Madison, could be the potential modification of the existing median In Madison for the purpose of limiting left hand turns on to Madison. This letter is to serve as our request that the City Council take action on May 5, 2009, to eliminate Condition of Approval 45A (2) and concurrent with that release of the offsite security bond for the Puerto Awl Project. We very much appreciate your willingness to work with us on this issue and, in particular, the time you took to meet with us at the Project site. Sincerely, Puerto Azul Partners, LLC Mark P. Rockwell for managing member CO Puerta Azul Homeowners Association l� Board of Directors Meeting MINUTES May 51 2008 Present: Barry Daniel, President (via tele-conference) Gary Lisk, Treasurer (via tele-conference) Bob Lafey, Secretary (via tele-conference) Also present; ]erri Boone representing Desert Resort Management (via tele conference) Absen All Directors present Call To Order Barry Daniel called the meeting to order at 9:01 a.m. ADD roVal of Minutes Management presented the minutes of the March 29, 2008 regular Board of Directors meeting. After review, a motion was duly made by Gary Lisk and seconded by Bob Lafev to approve the minutes of the Mash 292008 regular Board of Directors meeting. The motion carried unanimously. Acceptance of Financial Statements The Board of Directors was presented financial statements for the period ending March 29, 2008. After review, a motion was duly made by Bob Lafey and seconded by Barry - --- -A __A:-- M,., h �a )nnq ac Authorization To Lien The Board of Directors reviewed three (3) accounts that are subject to lien action should the Board wish to pursue such action. After discussion and review, a motion was duly made by Gary Usk and seconded by Ban Daniel to approve the pursuance of lien action on the following account: • #4020-01 • #6050-01 #6046-01 The motion carried unanimously. U Location/Asset Search The Board of Directors reviewed communication from the Association's collection attorney, Peters and Freedman relative to performing an asset/location search In EXHIBIT E Puerto Azul Homeowners Association �? Board of Directors Meeting Minutes May Sr 2008 Page -2- relation to collection efforts on account #2037-01. After discussion the Board elected to defer approving this expenditure until which time the newly elected Board has time to review and discuss. Developer Bondfs) Release Management presented the Board communication from Puerta Azul Partners which requested the release of five (5) bonds. After discussion and review, a motion was duly _ . _ n_' . _c_., a.............e M'c rolnnc of the f011owina bonds as requested by Puerto Azul Partners: #5575105 #557509S. #557508S *55756076S and 5575115 The motion carved unanimously. Street SweeDlnO Contrail The Board of Directors reviewed the renewal contract for street sweeping within the community from the Association's current street sweeping provider. It was noted that a $20.00 per month increase was built-in to the contract. Noting that fuel prices have soared , a motion was duly made by Barry Daniel and seconded by Gary Usk to approve (� the contract renewal submitted by Black & White Street Sweeotna with an increase of r i c _ The Board of Directors reviewed a draft Audit as prepared by Certified Public Accountant, Krista Scott. After discussion and review, a motion was duly made by Gary Usk and seconded by Bob Lafgy to accept the draft Audit as presented with no changes noted The motion cabled unanimously. Apartment Rental Arareement The Board of Directors discussed the request of the tenant of the Association's apartment to re -negotiate the current rental agreement. The Board of Directors elected to defer discussion of this request until which time a new elected Board is placed. It was noted that the services of the current landscape contract are due to terminate on June 1, 2008. With this deadline fast approaching, the Board discussed the bids received for landscape maintenance. After extensive conversation, a motion was duly unanimously. It was noted that the contract did not include light maintenance of the landscape components and that a bid would need to be procured, either from a light maintpnanrA rnmmnv nr the lanrlcrnnor 4 Puerta Azul Homeowners Association �I Board of Directors Meeting Minutes May 5, 2008 Page -3- C) U The next Board of Directors meeting will be scheduled at a time to be determined _There being no further business, a motion was duly made by Barry Daniel and seconded by Gary Lisk to adioum the meeting at 10:10 a.m. Lafey-Secre Date k.. T4hf 4 4 a" COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Consideration of an Ordinance Amending Chapter 1.09, Administrative Citation, of the La Quinta Charter and Municipal Code AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A.) Motion to take up Ordinance No. amending the time in which to appeal an administrative citation, by title and number only and waive further reading. B.) Motion to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the March 16, 2009 meeting, the City Council asked that the Administrative Citation process be brought back for consideration and possible amendment. At issue was the current time frame of fifteen (15) calendar days from the issuance of a citation that a recipient has to appeal. The proposed amendment to the Code would allow twenty-one (21) days from the date of the citation issuance for a recipient to appeal. A red -lined section of the Ordinance is included as Attachment 1 . Some Council Members of the City Council also expressed an interest in 411 considering possible alternatives to the hearing officer who currently presides over the hearing process. The Municipal Code sections pertaining to the Hearing Officer and the Hearing Procedure are included as Attachment 2. The City currently contracts with Revenue Experts to coordinate the administrative citation process for La Quinta. This includes the collection of fines, noticing of citation recipients, and providing a hearing officer for the appeal process. The hearing officers are from a background that has provided them experience in the interpretation, understanding, and application of various codes and regulations. The sole role of the hearing officer is to determine whether the violation for which a citation was written existed on the day the citation was issued. The City holds hearings about every 90 days in the City Hall study session room. It is not uncommon for the Officer to hear 15-20 cases during an eight hour session. Other jurisdictions in the Valley who use Revenue Experts (Desert Hot Springs, Palm Springs, Coachella, and the County) also have their appeals heard in our session room by the hearing officer. The hearing officer is not the same person every time. The California Supreme Court has held that the person or persons hearing an administrative appeal must impartial. Haas v. County of San Bernardino (2002) 27 Cal.4`h 1017). The fact that the current hearing officers are from outside the area has allowed the City to consistently meet this standard. There is little chance that the officer would be familiar with the recipient of the citation, or have a stake in the outcome of the decision. Appointing a La Quinta resident(s) to preside at the hearings could increase the likelihood of impartiality. Nonetheless, the Council could decide to appoint a different hearing body. Their meetings would be subject to the Brown Act. They would have to follow all of the conflict of interest rules, and would need to limited ex parte communications with persons involved in the proceedings. The Council would also need to address whether the Commission's decisions would be final, or would be subject to appeal to the City Council. In the normal course, the decisions of the City's Commissions are subject to review by the City Council. If the Council would like to change the current hearing officer arrangement, staff would schedule a future business item to amend further amend the municipal code and the Revenue Experts contract to incorporate any changes the City Council may wish to make. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . A.) Motion to take up Ordinance No. amending the time in which to appeal an administrative citation, by title and number only and waive further reading; 412 B.) Motion to introduce Ordinance No. on first reading; or 2. Do not take up the Ordinance amending the time in which to appeal an administrative citation; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building andAafety Director Approved for submission by: gnl11�141-11 Thomas P. Genovese, City Manager Attachment: 1. Redline Copy of LQMC Section 1 .09.060 2. Municipal Code Section Regarding Hearing Officer 413 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 1.09.060 OF THE MUNICIPAL CODE RELATING TO APPEAL OF ADMINISTRATIVE CITATIONS WHEREAS, the City of La Quinta seeks to maintain and enhance the property values of its citizens whenever possible, and; WHEREAS, properties maintained in conformance with of the Municipal Code will help to achieve that goal, and; WHEREAS, an administrative citation program has proven to be an effective compliance tool, and; WHEREAS, the City of La Quinta wants to insure that every recipient of an administrative citation has adequate time to appeal, NOW, THEREFORE, The City Council of the City of La Quinta, California, does hereby ordain as follows: SECTION 1: That Section 1 .09.060 is hereby amended to read as follows: 1.09.060 Appeal of Administrative Citation A. Any recipient of an Administrative Citation may contest that there was a violation(s) of the La Quinta Municipal Code or that he or she is the responsible person by completing a Request for Hearing form and returning it to the address stated on the form within twenty one (21) calendar days from the issue date of the Administrative Citation, together with an advanced deposit of the full amount of the fine. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the Administrative Citation was not responsible for the violation(s) or that there was no violation(s) as charged in the Administrative Citation. SECTION 2: EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3: POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof 414 Ordinance No. Municipal Code 1.09.060 Adopted: May 5, 2009 Page 2 of 2 of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED this day of 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: 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 415 ATTACHMENT 1 Redline Copy of LQMC Section 1.09.060 1.09.060 Appeal of Administrative Citation A. Any recipient of an Administrative Citation may contest that there was a violation(s) of the La Quinta Municipal Code or that he or she is the responsible person by completing a Request for Hearing form and returning it to the address stated on the form within fifteen (4-5) twenty-one (21) calendar days from the issue date of the Administrative Citation, together with an advanced deposit of the full amount of the fine. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the Administrative Citation was not responsible for the violation(s) or that there was no violation(s) as charged in the Administrative Citation. 416 ATTACHMENT 2 1.09.070 Hearing Officer A. The Director of Building and Safety shall appoint a person or contract an agency to provide a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ("Hearing Officer"). B. The employment, performance, evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results of prior decisions issued by said Hearing Officer. C. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible person may challenge the Hearing Officer's impartiality by filing a statement with the City's Director of Building and Safety or the City's designee objecting to the Hearing Officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the City's designee within ten (10) calendar days following the date which the disqualification statement is filed. 1.09.080 Hearing Procedure A. No hearing to contest an Administrative Citation before a Hearing Officer shall be held unless both a Request for Hearing form has been completed and submitted and the fine for the Citation has been deposited in advance. 417 B. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) calendar days but no more than ninety (90) calendar days from the date that the Request for Hearing is filed in accordance with the provisions of this Chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. C. The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the Administrative Citation has caused or maintained the violation(s) of the Municipal Code or other applicable State law on the date(s) specified on the Administrative Citation. D. The Administrative Citation and any additional documents submitted by an Enforcement Officer shall constitute prima facie evidence of the facts contained in those documents. E. If the Enforcement Officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible person requesting the hearing at least ten (10) calendar days prior to the hearing date. F. At least ten (10) calendar days prior to the hearing, the recipient of an Administrative Citation shall be provided with copies of the citations, reports, and other documents submitted or relied upon by the Enforcement Officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the Hearing Officer's discretion. G. The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision. H. The failure of a recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute forfeiture of the fine and a failure to exhaust Administrative remedies. 419 c 7 GFM Of TNw9� COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Consideration of an Ordinance Amending Chapter 8.70 of the La Quinta Municipal Code Relating to Stormwater Management and Discharge Controls RECOMMENDATION AGENDA CATEGORY: l BUSINESS SESSION: (y' CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1) Motion to take up Ordinance No. by title and number only and waive further reading. 2) Motion to introduce Ordinance No. , on first reading amending Chapter 8.70 of the La Quinta Municipal Code relating to Stormwater Management and Discharge Controls. FISCAL IMPLICATIONS Staff has included anticipated costs for county's permit administration, education and training and basin water quality testing and monitoring in the proposed 2009/2010 operating budget. Additional city costs for inspection and Water Quality Management Plan (WQMP) review are not known at this time. Once costs can be estimated staff will recommend an appropriate fee for development review and inspection for stormwater pollution prevention for City Council consideration. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW On May 6, 2008, staff presented the draft National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit for the White Water River Region to City Council during a Study Session. The permit contains 420 requirements for residential and commercial development projects as well as any existing or future industrial sites that may discharge or affect stormwater runoff in the White Water River Basin. The permit went into effect on May 21, 2008, however, the Regional Water Quality Control Board granted municipalities within the White Water River Basin until June 15, 2009 to adopt the major requirements of the permit. A brief history of the existing City stormwater regulations is as follows: On March 14, 1991, incorporated and unincorporated portions of Riverside County, within the White Water River Basin were designated as an area requiring a permit for their Municipal Separate Storm Sewer System (MS4). The permittees include Riverside County and Riverside County Flood Control and Water Conservation District (Principal Permittees), Coachella Valley Water District (CVWD) and the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Co-Permittees). On January 6, 1998, the City Council adopted Ordinance No. 313 adding Chapter 8.70 to the City of La Quinta Charter and Municipal Code entitled "Storm Water Management and Discharge Controls" to establish legal authority as required by the regulation of the Clean Water Act, and to comply with other legal requirements set forth in Order No. 96-015 issued on May 22, 1996 by the California Regional Water Quality Control Board - Colorado River Basin Region (CRWQCB-CRB)• The NPDES permit is applicable to areas that are tributary to "Waters of the US". In La Quinta, these are the White Water Channel and the La Quinta Evacuation Channel. An exhibit showing the 26 known connections to these channels in La Quinta is provided (Attachment 1). Discharges from the City's storm water system or Municipal Separate Storm Sewer System (MS4) to these two channels are subject to discharge requirements under the NPDES Permit. The new permit extends the requirements of the previous permit by requiring that: 1) Developers of new development or redevelopment "Priority Projects" must prepare a Water Quality Management Plan (WQMP) for the design, construction, maintenance, and perpetual funding mechanism (at the time of entitlement) for post construction Best Management Practices (BMPs). "Priority Projects" are defined as: - Single-family hillside residences that create 10,000 square feet or more of impervious area where the natural slope is 25% or greater; - Single-family hillside residences that create 10,000 square feet of impervious area where the natural slope is 10% or greater where erosive soil conditions are known; - Commercial and industrial developments of 100,000 square foot or more; 421 Retail gasoline outlets disturbing greater than 5,000 square feet; Home subdivisions with 10 or more housing units; and Parking lots of 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to Urban Runoff. Or Discharge into the MS4 and disturb an area of one acre or more, or disturb less than one acre, but are part of a larger common plan of development or sale (referred to as Other Development Projects). 2) The City inspects all construction sites that disturb one or more acres for compliance with the Stormwater Permit with additional requirements to develop a prioritization criteria and document the inspections in an annual report. 3) The City continues to inspect the BMPs for active new development construction with the additional requirements for annual reporting and sanctioning for noncompliance. 4) The City report locations of municipal facilities confirming that Storm Water Pollution Prevention Plans are in place and that the facilities are in compliance with requirements. 5) The City report to the Regional Board construction activity for Municipal Facilities that necessitate coverage by the Statewide General Construction Permit. 6) The City ensures compliance with Storm Water Pollution Prevention Plans (SWPPP). 7) The City increases inspection of businesses and track and report the inspections and reinspections. 8) The City provides public education and information about the Permit programs and document public education outreach statistics. 9) The City participates in watershed testing, monitoring and annual reporting. The administrative requirements associated with the new NPDES Permit are extensive. Currently five new databases must be created, updated, tracked, and reported on under the new requirements. Additionally, the issuance, reinspection, follow up and reporting requirements for non-compliance citations may be very time consuming and may require City Attorney review. A potential substantial impact from the new permit is the addition of Total Maximum Daily Load (TMDL) requirements for pollutants that are discharged. TMDL is the 422 maximum amount of a pollutant that a water body can absorb in a day without adverse consequences to water quality. This is proposed to be done in a phased approach with Phase I to require the Regional Water Quality Control Board staff to determine responsible parties for all pollutants (3 year monitoring program funded by the Water Quality Board). Additional stormwater requirements may be placed on the City at the conclusion of this monitoring period. On May 21, 2008, the California Regional Water Quality Control Board issued Board Order No. R7-2008-0001 "National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Municipal Separate Storm Sewer Systems with the Whitewater River Watershed (Renewal)." Requirement E.4 of this Board order requires that the City to review its ordinances to ensure that they continue to have adequate authority to implement and enforce the NPDES Permit. The City Attorney's Office has reviewed the City's existing ordinances and recommends the proposed changes in order to comply with Requirement E.4 above. FINDINGS AND ALTERNATIVES The alternatives available to the Council include: Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending Chapter 8.70 of the La Quinta Municipal Code relating to stormwater management and discharge controls; or 2. Do not move to take up Ordinance No. 3. Provide staff with alternative direction. Respectfully submitted, Gothy R Jo lass n P.E. Public Work Dire or/City Engineer 423 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Exhibit showing storm water connections to the Whitewater and La Quinta Evacuation Channel 424 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 8.70, OF THE LA QUINTA MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROLS WHEREAS, the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act, was amended in 1987 to establish new cdntrols on industrial and municipal Storm Water Discharges, including requiring a National Pollutant Discharge Elimination System ("NPDES") permit for Storm Water Discharges from municipal separate storm sewer systems ("MS4s"); and WHEREAS, the State of California is authorized to administer various aspects of the NPDES program under the Clean Water Act within the State; and WHEREAS, the State Water Resources Control Board regulates the Discharges of Pollutants into waters of the State through the California Regional Water Quality Control Boards, and specifically through the Colorado River Basin Regional Water Quality Control Board ("Regional Board") for the area within the jurisdiction of the City of La Quinta; and WHEREAS, on May 21, 2008, the Regional Board issued Order No. R7- 2008-0001 (NPDES No., CAS 617002) concerning Waste Discharge Requirements for, among other entities, the incorporated cities of Riverside County within the White Water River Basin for Storm Water Discharges; and WHEREAS, the City of La Quinta is a Permittee under Order No. R7-2008- 0001, along with other incorporated cities and other entities within Riverside County; and WHEREAS, the purpose of this Ordinance is to continue to ensure the City of La Quinta maintains legal authority as required by the regulations to the Clean Water Act, and to comply with the other legal requirements set forth in Order No. R7-2008-0001 and other orders and regulations issued by the State and Regional Board. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Title. This Ordinance hereby amends Chapter 8.70, entitled, "STORMWATER MANAGEMENT AND DISCHARGE CONTROLS" City of La Quinta Municipal Code. 425 Ordinance No.2009- Stormwater Management Adopted: May 5, 2009 Page 2 of SECTION 2. Purpose and Intent. The purpose of this amendment to Chapter 8.70 of the City of La Quinta Municipal Code is to ensure the future health, safety, and general welfare of the citizens of the City through the regulation of stormwater management and discharge controls by ongoing consistency with the requirements of the federal Clean Water Act and the California Porter -Cologne Water Quality Control Act and the federal and State regulations issued under those laws. SECTION 3: The La Quinta Municipal Code is hereby amended by adding the following to Municipal Code Chapter 8.070: A. Definitions. Section 8.70.020 ("Definitions") is hereby amended to include the following: (29)• Commercial and Industrial Facilities shall mean and refer to a facility or facilities that consist of any of the following: (1) Auto -Related — mechanical repair, maintenance, fueling or cleaning of automobiles, airplanes, boats and equipment, body repair or painting of automobiles and other vehicles, retail or wholesale fueling, automobile parking lots and storage facilities; (2) Mobile -Related activities — mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port -a - Potty or other portable toilet servicing; (3) Others — cemeteries, nurseries, greenhouses, golf courses, parks, other recreational areas/facilities, eating and drinking establishments; (4) Industrial — industrial facilities as defined within the Federal Clean Water Act, operating and closed municipal landfills, facilities subject to SARA Title III, hazardous waste treatment, disposal, storage and recovery facilities. B. Reduction of the discharge of pollutants to storm drain systems, discharges in violation of Permit. Section 8.70.060 ("Reduction of the discharge of pollutants to storm drain systems") is hereby amended to include the following: (4). Discharge in violation of NPDES Permit. Any discharge that would result in or contribute to a violation of an existing or future municipal NPDES permit(s) or any amendment or revision thereto or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this ordinance and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, arid such persons shall defend, indemnify and hold harmless the County in any administrative or judicial enforcement action relating to such discharge. 426 Ordinance No. 2009- Stormwater Management Adopted: May 5, 2009 Page 3 or 5 C. Commercial and Industrial Facilities Inspections. Section 8.70.140 "Inspection and enforcement") is hereby amended to include the following: (3) Inspection of Commercial and Industrial Facilities. Any person or entity that owns or operates a commercial and/or industrial facility(s) shall comply with the provisions of this ordinance and City of La Quinta Municipal Code, Title 8, Chapters 8.01-8.17, and 8.80. All such facilities shall be subject to a regular program of inspection as required by this ordinance, California Water Code § § 13000 et seq. (Porter -Cologne Water Quality Control Act), Title 33 U.S.C. § § 1251 et seq. (Clean Water Act), any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. SECTION 4. This ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Donald Adolph, Mayor City of La Quinta, California VERONICA J. MONTECINO, City Clerk City of La Quinta, California (City Seal) 4_27 Ordinance No. 2009- Stormwater Management Adopted: May 5, 2009 Page 4 of 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1, � Ordinance No. 2009- Stormwater Management Adopted: May 5, 2009 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA ) 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. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. VERONICA J. MONTECINO, 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, City Clerk City of La Quinta, California 429 City of i Quinta ,f, I Q rr• -� law §' . MVO N Legend • For Reference Only Major Outfall (34 Total) ill White Water Storm Channel La Quinta Evacuation Channel La Quinta City Limits N a •� F Twit 4 Xry Qubtrry MOF COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Consideration of Filing a Vacancy on the City Council by Appointment or Affirming Election of a Replacement at the General Municipal Election for November 3, 2009 RECOMMENDATION: As directed by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None. However, the expenditure of approximately $25,000 of General Fund Unappropriated Fund Balance would be incurred if a special election is called for November 3, 2009. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Council Member Kirk has announced his resignation from the City Council effective May 31, 2009. Mr. Kirk's seat is up for election at the November 2, 2010, general municipal election. Government Code Section 36512(b) requires that once a vacancy occurs on the City Council, "the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy." Consequently, the City Council must take action by June 30, 2009. If the City Council chooses to call a special election, Government Code Section 36512(b) requires that it shall be held on the next regularly scheduled election date not less than 114 days from the call of the special election. The next regularly scheduled 431 election is November 3, 2009. In order to hold the special election on November 3, 2009, the City Council must take action to call an election no later than July 12, 2009. A special election would require the City to spend General Fund reserves to pay the County of Riverside to consolidate and conduct the special election. If a special election is held, the candidate receiving the highest number of votes would be elected to serve the remainder of Mr. Kirk's term, which will expire following certification and swearing in of the person elected at the November 2, 2010 general municipal election. Alternatively, the City Council may appoint someone to fill the vacancy. There is no specified procedure for appointing a replacement; however, the person appointed must be a registered voter and a resident of La Quinta. The person appointed would serve the remainder of Mr. Kirk's term. The City Council has the option to consider and/or interview a replacement at the May 19, June 2 or June 16 regular meetings; or schedule a special meeting at its descretion. Such meeting and appointment must be held prior to June 30, 2009. However, because the vacancy is not created until May 31 s`, the official appointment should not be made until at least the first meeting in June. Either calling a special election or making an appointment requires the majority of the quorum to take action. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to prepare the necessary resolutions calling a special election to be held on November 3, 2009 for adoption; or 2. Direct staff to advertise and receive applications for consideration by the City Council; or 3. Provide staff with alternative direction. Resp tfully submitted, Veronica J ontecino, City Clerk Approved for submission Thomas P. Genovese, City Manager 432 REPORTS & INFORMATIONAL ITEMS: 1` :-o COMMUNITY SERVICES COMMISSION MINUTES March 9, 2009 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 pm by Commissioner Gassman. Commissioner Fitzpatrick led the audience in the Pledge of Allegiance. PRESENT: Commissioners Biegel, Brodsky, Darroch, Fitzpatrick, Gassman, Quill, Chairperson Leidner STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; and Angela Guereque, Senior Secretary PUBLIC COMMENT - None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Biegel/Fitzpatrick to confirm the agenda. Motion carried unanimously. PRESENTATIONS - None. APPROVAL OF MINUTES 1. Approval of February 9, 2009 Minutes Motion - It was moved by Commissioners Brodsky/Biegel to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. PUBLIC HEARING - None. BUSINESS ITEMS 1. Consideration of the 2009-2010 Community Services Commission Work Plan Edie Hylton presented the staff report. 433 Community Services Commission Minutes March 9, 2009 -2- Commissioner Darroch suggested switching one of the Open Air Cinemas to a water/movie night at Lake Cahuilla. Director Hylton stated that staff is looking into holding a swim party and fishing derby at Lake Cahuilla. Commissioner Quill suggested combining the swim party, fishing derby, and movie as an all day event. Commissioner Gassman stated that Lake Cahuilla is a County facility and the City would need to get authorization from them for these events. Commissioner Quill suggested using Fritz Burns Pool as an alternative for the water/movie night. Commissioner Quill suggested converting a tennis court into a basketball court or bike area at Fritz Burns Park. Director Hylton stated that the tennis courts are not a good place for multi use and recommended staff look into locations for outdoor basketball courts. Commissioner Quill stated that she spoke to approximately ten boys at the La Quinta skate park and they had the following suggestions: 1) Shade area; 2) Remove the grass inside the skate areas because the sprinklers get the concrete wet; 3) Moving or fixing the skate bench table and putting in a fun box; 4) Use the CVWD land for a bike park; 5) Changes in some of the rails; 6) The mist on the cool station is so fine that the wind blows the water away; and, 7) Drinking fountain inside the skate park. Director Hylton stated that trees could be placed on the west side of the skate park and staff will talk to CVWD about using the well site for recreational uses. Commissioner Quill suggested purchasing holiday decorations for the intersection of Highway 1 1 1 /Washington Street and one additional intersection with an amount not to exceed $3,000. Commissioner Fitzpatrick stated this was not the time to be purchasing holiday decorations and suggested the item be tabled. Chairperson Leidner suggested staff get costs for the decorations and look at it for Fiscal Year 2010-2011. Director Hylton stated staff will prepare information for the holiday decorations for a later date. Commissioner Brodsky asked what the status was with the art piece at the corner of Highway 1 1 1 /Washington Street. Director Hylton stated that the City is working with the developer who owns the piece in hope of relocation or removal. Chairperson Leidner suggested certain commissioners participate with other groups in the community and report back to the Commission. Director Hylton stated she will include in the Work Plan that Commissioners will be designated to act as liaisons to different non profits. Commissioner Gassman stated that the Steps to Completion for the Liaison to the Community should include the Trails Alliance, Grantees, Fire Department, and the Police Department. She also suggested a statement be placed in the Art in Public Places section stating that the Commission supports all cultural activities in the City. 434 Community Services Commission Minutes March 9, 2009 -3- Chairperson Leidner suggested the City do more low cost recognitions such as Proclamations. Director Hylton stated that the City Council has presented Proclamations to individuals and local groups. Commissioner Gassman suggested the Commission keep an eye on different ideas to acknowledge and dedicate people. Motion — It was moved by Commissioners Biegel/Fitzpatrick to approve the 2009- 2010 Community Services Commission Annual Work Plan as amended and direct staff to present to City Council for consideration. Motion carried unanimously. In consideration of the presence of Artist, Julie Kirk, Commissioner Gassman moved Business Item No. 3 before Item No. 2. 3. Consideration of Murals to be Painted on Signal Light Boxes at Various City Locations Director Hylton presented the staff report. Chairperson Leidner asked if the boxes are owned by the City. Director Hylton stated the City owns the signal light boxes. Chairperson Leidner suggested checking with developers to see if they agree with the boxes being painted in front of their property. Chairperson Leidner asked if there is money allocated for this project. Director Hylton stated there is currently $267,000 available in the Art in Public Places account. Commissioner Brodsky stated that he is concerned with graffiti and whether or not these paintings might invite more graffiti. Julie Kirk, Artist, stated that Palm Desert has noticed that the painted boxes are not getting as much graffiti as the unpainted boxes. Commissioner Biegel stated that she is also concerned about graffiti. Commissioner Darroch suggested painting one box at a time to see how the community likes them and how much graffiti occurs. She suggested the City not support the location at Avenida 52 and Bermudas in front of the empty lot. Commissioner Fitzpatrick stated she likes the program and feels that it does discourage graffiti. She is concerned with the location in front of the Embassy Suites. Commissioner Quill suggested changing the paint scheme on the Eisenhower and Tampico box to a date grove or school art. Commissioner Gassman suggested sending out an RFP for this project to invite other artists to participate. Director Hylton explained the RFP process and stated 435 Community Services Commission Minutes March 9, 2009 -4- staff would put together an RFP for murals to be painted on eight signal light boxes with an amount not to exceed $10,000. Motion — It was moved by Commissioners Brodsky/Leidner to recommend staff prepare and RFP for murals to be painted on eight signal light boxes with an amount not to exceed $10,000. 2. Consideration of Participation for the Annual Egg Hunt and Community Picnic Commissioner Darroch asked how many eggs are put out for the kids. Director Hylton stated that thousands of eggs are purchased for this event. Motion — It was moved by Commissioners Biegel/Fitzpatrick to assign Commissioners Fitzpatrick and Biegel to the Annual Egg Hunt and Commissioners Gassman, Quill, and Biegel to the Community Picnic. STUDY SESSION — None. DEPARTMENT REPORTS 1. Monthly Department Report for January 2009 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING — None. OPEN DISCUSSION Commissioner Quill asked for volunteers to help place trail markers on March 27, 2009 at 8:30 a.m. Commissioner Quill thanked for Commission for sending her to the California Parks and Recreation Society conference. She learned a lot and suggests all new Commissioners attend. Commissioner Gassman suggested Commissioner Quill do a presentation at the next Commission meeting about her conference attendance. ADJOURNMENT It was moved by Commissioners Biegel/Fitzpatrick to adjourn the Community Services Commission meeting at 7:14 p.m. Motion carried unanimously. 436 Community Services Commission Minutes March 9, 2009 -5- NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on April 20, 2009 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78- 495 Calle Tampico, La Quinta, CA 92253. Submitted by: Angela Guereque Community Services Secretary 437 REPORT/INFORMATIONAL 11 ME ►%. &-1 INVESTMENT ADVISORY BOARD MEETING MARCH 11, 2009 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:35 p.m. by Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Daniel, Ross, Rassi and Park ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA - None IV CONSENT CALENDAR A. Approval of Minutes of Meeting on February 11, 2009 for the Investment Advisory Board. MOTION: It was moved Board Members Deniel/Bassi to approve the minutes of February 11, 2009. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for January 2009 Mr. Falconer presented and reviewed the staff report advising the Board that page 7 reflects the light investment activity for the month of January with no maturing investments. Mr. Falconer further advised that the portfolio increase was approximately $25 million, with the bulk of the monies received for the first installment of property taxes from the County of Riverside. The portfolio yield for the end of January was at 1 .34% for the pooled investments, with the total yields at 1.23%, which included the bond proceeds. The yields for the two year Treasury Bill were at 1.01 %, with the yields comparatively lower than the previous year. 438 Mr. Falconer also advised that upon review of the mid -year budget, staff made an adjustment to the projected interest income, based on the decrease in rates. In addition, with the LAIF yields still fairly high, a large portion of the City's portfolio is currently invested in LAIF. Mr. Falconer advised that the last piece of Freddie Mac commercial paper has matured. In addition, U.S. Bank corporate paper, Federal Home Loan and Farm Credit all mature in April, and GE Capital maturing on September 1, 2009. Chairman Ross advised that page 3 of the Treasurers Report, third paragraph, sixth sentence, the word "decline is missing from the sentence and the sentence should read: The Treasurer has several longer term investments helping to keep yields higher as interest rates tilt but they will gradually [... } In response to the Chairman Ross, Mr. Falconer advised that the newest product in lieu of commercial paper is the "TLGP" funds which are FDIC guaranteed through 2009 and could possibly be considered as a corporate note. General discussion ensued by the Board regarding the "TLGP" funds and whether this item would be considered an upcoming work plan and investment tool, in addition to discussing the current bank closures. MOTION - It was moved by Board Members Deniel/Bassi to approve, receive and file the Treasury Report for January 2009. Motion carried unanimously. B. Continued Discussion of the Investment Advisory Board 2008/09 Work Plan and 2009/10 Investment Policy In response to Chairman Ross, Mr. Falconer advised that page 9 of the Treasurer's report has been revised to reflect the three additional columns comparing the forecasted to actual and difference between the comparison. In addition, Mr. Falconer explained the debt -service payment paid by the County in the month of January, which was $39 million, and the "actual" $29 million received. 2 439 General discussion ensued between the Board and staff regarding the difference held by the County and the use of those monies. In response to Chairman Ross, Mr. Falconer advised that the variances are calculated by the Accounting Manager and will report back to the board as to how she formulates these calculations. Board Member Daniel commented on the impact of the economy on the TOT reflected in the Treasurers Report. Mr. Falconer advised that the TOT year-to-date is down by 10%, equaling approximately $200,000 for the year. Mr. Falconer further advised that staff made a recommendation to Council to adjust the TOT during mid -year budget review based on TOT collected. Board Member Daniel suggested that staff add a column, comparing the "actual" month's numbers from the prior year to the "actual" month's numbers of the current year. Board concurred. General discussion ensued between the Board and staff regarding additional data to be reported. It was the conclusion of the Board to include the following data in the cash report; actual year-to-date through 01 /30/09, actual forecast year-to-date through 01 /30/09, and prior year-to-date with the monthly forecast listed below along with the projected sources. Mr. Falconer advised that staff would draft the suggested changes and forward to the Board Member Daniel for review. In response to Chairman Ross, Mr. Falconer advised the Board of the distribution of the builder impact fees and the processing of those fees. General discussion ensued amongst the Board and staff in reference to the developer impact fees. MOTION - It was moved by Board Members Moulin/Deniel to continue the review of the outstanding changes to page 9 of the Treasurers Report to the next scheduled meeting. Motion carried unanimously. Mr. Falconer advised the Board of the outcome of the Council meeting dated March 3, 2009 in reference to Ordinance 2.70.010, 3 440 with a minor change requested by Councilman Henderson, adding the word "verifiable" to Section C to read as follows: C. Applicants for the board should have a _,_ background L..1 In response to Board Member Daniel, Mr. Falconer advised the Board that the Ordinance will be on the next scheduled Council meeting for a second reading and at that time, any requested changes and/or revisions to the ordinance can be made. General discussion ensued by the Board regarding the word "verifiable" and the effect the word might have on potential candidates. Mr. Falconer suggested staff compose a memorandum to City Council conveying the Board's thoughts and suggestion in replacing the word "background" with the word "experience." It was the conclusion of the Board that putting the word "verifiable" in the first paragraph of the ordinance, (which is part of the ad) would be repetitive and suggested that "verifiable" be replaced with "experience -in," with the second sentence covering education and background. They also concurred with staff on their recommendation to compose a memorandum conveying the Board's suggestions. In response to Chairman Ross, Mr. Falconer advised the ordinance would automatically be included with the 2009/2010 investment policy 30 days after the ordinance been accepted. General discussion ensued amongst the Board regarding the review of the Investment Policy. Board Member Daniel suggested the Treasurer review Appendix A and make any suggestions and/or changes at the next scheduled meeting. MOTION - It was moved by Board Members Deniel/Park to continue the review of the investment policy with review of the policy by all board members and make any suggestions and/or changes at the next scheduled meeting. Motion carried unanimously. 4 441 VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report and other selected Financial Data — February 2009 Mr. Falconer advised despite the current state economic budget issues at hand, the LAIF rate is reported at 1.77% with a $61 million pooled money balance with no decrease in the balance. Noted and Filed B. Pooled Money Investment Board Reports — December 2008 Mr. Falconer advised due to the current economic state, staff would not recommend increasing the LAIF percentages at this time based upon the amount of General Fund and AB 55 loans in the portfolio. Noted and Filed VII BOARD MEMBER ITEMS In response to Board Member Moulin and Chairman Ross, Mr. Falconer advised the Work Plan will be presented to the City Council in July, and suggested that the Board consider items for the work plan and report back at the next scheduled meeting. Board Member Moulin suggested that staff consider reviewing internal controls and possible adding staff. Mr. Falconer advised that due to the current economy, adding staff would not be feasible at this time. Board Member Deniel advised if staff needed help in the budgeting process or in any other areas of Finance, staff could possibly consider utilizing the Investment Board on a consulting basis to help in these areas. Mr. Falconer advised there are several items that the Board might be able to assist with, but it would require the City Manager's approval before they can be discussed. Mr. Falconer also asked the Board to individually consider items for next year's work plan which could be discussed at the next scheduled meeting. 5 442 Vill ADJOURNMENT MOTION - It was moved by Board Members Moulin/Deniel to adjourn the meeting at 5:43 p.m. Motion carried unanimously. Sub Vianka Orrantia, Senior Secretary 443 DEPARTMENT REPORT: 3A ok F � D �OFTt� TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk, DATE: May 5, 2009 SUBJECT: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. If it is the Council's pleasure to hold one meeting in August and/or September again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for June, July, August and September 2009 are as follows: June 2, 2009 August 4, 2009 June 9, 2009* August 18, 2009 June 16, 2009 September 1, 2009 July 7, 2009 September 15, 2009 July 21, 2009 The City Council has the option of scheduling an additional meeting in June to consider applications and make appointments to the City Commissions. Staff would appreciate receiving direction from the City Council to schedule public hearings and other matters for future meetings. *Staff is requesting a Special meeting be scheduled for June 9, 2009 at 2:00 p.m. to consider the Fiscal Year 2009/2010 Budget. 444 DEPARTMENT REPORT: 3 5 TO: The Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk,/, DATE: May 5, 2009 �� SUBJECT: Discussion Regarding Commission Applicant Interviews Staff is requesting direction from the City Council to schedule City Boards, Committee, and Commission applicant interviews. Last year, the City Council chose to begin at 1:00 p.m. to conduct interviews and make appointments at the June 17, 2008 regular meeting. The regular City Council meetings in June 2009 are scheduled for the 2n1 and 16", and it is anticipated a special meeting will be scheduled for June 9`" to consider the Fiscal Year 2009-2010 budget. It would be feasible to conduct interviews and approve an appointment at the June 2, 2009 meeting as this meeting appears to have a nominal number of items scheduled for consideration. All appointments should be made prior to the expiration of terms on June 30, 2009. Applications are being accepted for consideration of appointment to 13 vacancies through May 22, 2009, as follows: Architecture & Landscaping Review Committee — 2 Community Services Commission — 4 Historic Preservation Commission — 3 Investment Advisory Board — 2 Planning Commission — 2 445 COUNCIL/RDA MEETING DATE: Mav 5, 2009 AGENDA CATEGORY: ITEM TITLE: Public Hearing to Consider a Resolution BUSINESS SESSION Amending a Subdivision Improvement Agreement (SIA) for Off -Site Improvements to Eliminate Traffic Signal and CONSENT CALENDAR: Authorize Median Closure and Accepting the Off -Site STUDY SESSION: _ Improvements for Puerta Azul (Tract 30096), Puerta Azul p PUBLIC HEARING: Partners, LLC L RECOMMENDATIONS: 1. Adopt a Resolution of the City Council amending the SIA for the Off -Site Improvements to: 1) remove the Developer Obligation for 50% of a Traffic Signal on Madison Street at the southernmost Puerta Azul Access and 2) add a Developer Obligation to construct a raised median on Madison Street that prohibits left turns out of both the southernmost Puerta Azul access and the PGA West Legends Way access. 2. Accept the Off -Site Improvements for Puerta Azul (Tract 30096) conditional upon receipt of a cash deposit from the developer for a future raised median on Madison Street at the southernmost Puerta Azul access. 3. Direct staff to release performance securities after receipt of the aforementioned cash deposit. 4. Direct staff to release labor and material securities 90 days after receipt of the aforementioned cash deposit. FISCAL IMPLICATIONS: The City currently holds a developer bond which includes the 2003 estimated cost ($75,000) to construct one-half of the anticipated traffic signal on Madison Street at the southernmost Puerta Azul access. The estimated cost (in the most recent City Development Impact Fee Study) to construct one-half of a traffic signal is $215,000. owe If the developer's one-half traffic signal obligation were removed, the estimated cost to construct a raised median on Madison Street at the southernmost Puerta Azul access Ito prohibit northbound left turns out) is $62,000. Maintenance for the off -site improvements associated with Puerta Azul (Tract 30096) is estimated to be $500 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431.43.73 for Storm Drain Maintenance. CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW: Puerta Azul is a residential community located on Madison Street south of the Weiskopf development and west of The Legends development. Attachments 1 and 2 are the vicinity maps for the project. Attachment 3 is the SIA for the off -site improvements for the project. Attachment 4 is Condition of Approval number 45 describing the required street improvements for TTM 30096. Condition of Approval 45A(2) states that "Applicant shall enter a secured agreement for the deferred installation of a traffic signal at the southernmost site access. Applicant's share will be 50% of the signal cost." Attachment 5 is the letter dated April 23, 2009 from the developer requesting City Council relief from Condition of Approval 45A(2). The developer contends that the traffic signal is not needed at this location because it does not appear on the City's 2008 Traffic Signal Master Plan, the Puerta Azul HOA is not in favor of the traffic signal, and because the traffic signal would serve only a maintenance entrance (not a main entrance) for PGA West. Staff concurs that a traffic signal at this location is not necessary for either the entrance to Puerta Azul or the maintenance entrance to The Legends at PGA West. It is also not required by the Traffic and Circulation Element in the City's General Plan because the traffic signal spacing would be detrimental to signal coordination. Although not required by the Traffic Signal Master Plan a better location for a traffic signal on Madison Street would be to the north at the Weiskopf and The Legends main entrances. Both projects have provided bonds for a future traffic signal at that location. The City Traffic Engineer recommends that if a traffic signal were not constructed on Madison Street at the Puerta Azul southernmost access, that the developer instead be obligated to install a raised median on Madison Street to prevent left turns out of both the Puerta Azul and The Legends developments. Left turns into both developments would be permitted. A letter from the Puerta Azul HOA dated November 18, 2008 447 (Attachment 6) states that they support the removal of the traffic signal at the southernmost access but they also desire the installation of a traffic signal at the Puerta Azul northerly access in order to make left turns from their development onto northbound Madison Street. This movement would be facilitated by the new raised median by allowing Puerta Azul residents to exit the northerly driveway and immediately make a u-turn on Madison at the new median location. This "worm" configuration for the new median is supported by the HOA Attorney's letter dated April 29, 2009. (Page 6 of Attachment 7) All of the remaining off -site improvements associated with the SIA have been satisfactorily completed. The improvements include curb & gutter, sidewalk, curb ramps, storm drain, catch basins, water and sewer improvements, signing, striping, and asphalt concrete pavement. Attachment 8 indicates the amount of the warranty security. Included for reference is a letter from Puerta Azul Partners dated April 30, 2009 (Attachment 9), a letter dated April 171", 2009 from Puerta Azul homeowners (Attachment 10), and a letter dated April 13`h, 2009 from Puerta Azul homeowners (Attachment 11). FINDINGS AND ALTERNATIVES: The following finding can be made: That the traffic signal on Madison Street at the southernmost Puerta Azul Access is not required to support the Traffic and Circulation Element in the City's General Plan provided that the median is closed to prevent left turn movements from the adjoining developments. The alternatives available to the City Council include: Adopt a Resolution of the City Council amending the SIA for the Off -Site Improvements to: 1) remove the Developer Obligation for 50% of a Traffic Signal on Madison Street at the southernmost Puerta Azul Access and 2) add a Developer Obligation to construct a raised median on Madison Street that prohibits left turns out of both the southernmost Puerta Azul access and the PGA West Legends Way access. Accept the Off -Site Improvements for Puerta Azul (Tract 30096) conditional upon receipt of a cash deposit from the developer for a future raised median on Madison Street at the southernmost Puerta Azul access. Direct staff to release performance securities after receipt of the aforementioned cash deposit. Direct staff to release labor and material securities 90 days after receipt of the aforementioned cash deposit. ll* 2. Do not adopt a Resolution of the City Council amending the SIA for the Off -Site Improvements to: 1) remove the Developer Obligation for 50% of a Traffic Signal on Madison Street at the southernmost Puerta Azul Access and 2) add a Developer Obligation to construct a raised median on Madison Street that prohibits left turns out of both the southernmost Puerta Azul access and the PGA West Legends Way access. Do not accept the Off -Site Improvements for Puerta Azul (Tract 30096) conditional upon receipt of a cash deposit from the developer for a future raised median on Madison Street at the southernmost Puerta Azul access. Do not direct staff to release performance securities after receipt of the aforementioned cash deposit. Do not direct staff to release labor and material securities 90 days after receipt of the aforementioned cash deposit. 3. Provide staff with alternative direction. Respectfully submitted, Timothy on s n ublic Wor s Dir ctor/ City Engineer Approved for submission by: _X �L 'Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Portion of Sheet 3 of Tract Map 30096-1 3. SIA for Off -Site Improvements dated July 15, 2004 4. Condition of Approval 45 A(2) dated May 15, 2001 5. Letter from Developer dated April 23, 2009 6. Letter from HOA dated November 18, 2008 7. Letter from Christina Baine Dejardin dated April 29, 2009 S. Warranty Security Exhibit 9. Letter from Puerta Azul Partners, LLC dated April 30, 2009, am 10 11 Letter dated April 17, 2009 from Puerta Azul homeowners. Letter dated April 13, 2009 from Puerta Azul Homeowners 5161111 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OFF -SITE IMPROVEMENTS AND ACCEPTING THE OFF - SITE IMPROVEMENTS FOR PUERTA AZUL (TRACT 30096 ) WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Off- Site Improvements for Tract Map No. 30096, Puerta Azul, on June 3, 2003; and WHEREAS, the City currently holds a developer bond which includes the 2003 estimated cost ($75,000) to construct one-half of the anticipated traffic signal on Madison Street at the southernmost Puerta Azul access; and WHEREAS, the traffic signal on Madison Street at the southernmost Puerta Azul Access is not required to support the Traffic and Circulation Element in the City's General Plan; and WHEREAS, the City Traffic Engineer recommends that if a traffic signal were not constructed on Madison Street at the Puerta Azul southernmost access, that the developer instead be obligated to install a raised median on Madison Street to prevent left turns out of both the Puerta Azul and The Legends developments; and WHEREAS, all of the remaining off -site improvements associated with the SIA including curb & gutter, sidewalk, curb ramps, storm drain, catch basins, water and sewer improvements, landscaping, signing, striping, and asphalt concrete pavement have been satisfactorily completed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Amend the SIA for the Off -Site Improvements to: 1) remove the Developer Obligation for 50% of a Traffic Signal on Madison Street at the southernmost Puerta Azul Access and 2) add a Developer Obligation to construct a raised median on Madison Street that prohibits left turns out of both the southernmost Puerta Azul access and the PGA West Legends Way access 451 Resolution No 2009- SIA Agreement Puerta Azul Adopted: May 5, 2009 Page 2 of 3 2. Accept the Off -Site Improvements for Puerta Azul (Tract 30096) conditional upon receipt of a cash deposit from the developer for a future raised median on Madison Street at the southernmost Puerta Azul access. 3. Direct staff to release performance securities after receipt of the aforementioned cash deposit. 4. Direct staff to release labor and material securities 90 days after receipt of the aforementioned cash deposit. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 51n day of May 2009, 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) 452 Resolution No 2009- SIA Agreement Puerta Azui Adopted: May 5, 2009 Page 3 of 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 453 ATTACHMENT 2 p 4 Fg3 a ,L 9 3 27 .L S N O S I Q V lw .3 M N �YW y (,6DYYDL) OD'61DL .MIOLW LCYLDD) A✓L99 .L/2D9 r I W O O - 133HS 33S • • s 81 I I n J p i o I o n < e ry r b P u I • n _ N I Qmn I "6 _ Ia w �m S n o I Rilh O N P I �`o h I $ R� m Mw M I n O °rc o � I� f I M y) o OcQ �-' W ry I - - _ (n W m �.o �' I W�- M I 1-� W I QN a m Q .n'LBl � M.DL.MWN � n r, 11 L2 8i W .ZD"Cfl 3,DD,CrfON � uJ ZO ti - wo. Kpm w b, L) ri I m n =z 1 w I> I w e� 000 U� o � I ��w ZQ' o J= I = 8' I lZZV2 IsI i In I ' �O� NWT j U 6 wNm o� X�kz O L) m Q OV a <cz it O < ai G VI s x s� w 'w A w V) Q0 A J 00 Z QC� < W wcc ry Y � wW mO Q •_f� oioii f J Q Z , ... w g.o. ; o w m z zz zz zzzi 7 =fnonom n��e�ineni 7� ��SNPOII•DI�LN �f ��O 'PJDI u n vim' � ~ N f' �• P� w n z z z zz � �.�rvn �nonsmo�nn L IC'LDD) .ICZ➢D M .DC,LLOO N .H. J-O"i bi L- P- 0 8 9 Z "o Ili J- o V H J_ Fh€No M \ M 455 Cry OF LA QUANTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRAcr No. 30096 OFF -SITE UNAPROVEMENTS THIS SUBDIVISION IMPRQVEMENT AGREEMENT (the "Agreement") is made and 20entered into thNy 51kk day of CIA and between Puerta Azul Partners, LLC, , a Dragon Corporat n hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of Ca11 mia, hereinafter referred to as "City. RECITALS: A. Subdivider has prepared and filed a final map or parcel 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. 30096 (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, pay ent 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 attomey's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 456 Page 1 of e T:\PWDEPr\DsvdiviAgreements\30096 offsite sie.doc 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 rat ng othe faR-2'ror better onderal the Investment Data Exchange rnment and having a financial (of therLois Angeles County Treasurerstter and a itmentffice). reliability 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 e 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 parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, 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 form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map orwaiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2). 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., forwhich City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. Page 2 of 9 T:WWDEPT\DevdivlAgreaments\30099 oftsite sia.doc 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 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. Sa id 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. T:\PWDEPT\DevdiviAgreements\30096 offsite sie.doc ••-- 458 Page 3 of 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. ForceMaieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11. hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and T:\PWDEPT\DevdivlAgreemems\30096 offsite sie.doc 459 Page 4 of 6 Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdividers 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. Severabili . 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. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 7:\PWDEPT\DevdivlAgreementa\30096 offsite sie.doc 460 Page 5 of IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 01 Thomas P. Genovese, City Manager ATTEST: ��^_ NEW a'._ �nr SUBDIVIDER: Title: ezy r"O;PM- w By: Title: Reviewed and Approved;, e T' .thy sso .E. ublic Works irect6o City Engineer Approved as to Form: 4clttorn2ey��Z�� 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 7�lr�o9 —T Date Puerta Azul Partners, LLC 17700 Upper Boones Farm Road #100 Portland Or 97224 (714)936-5853 B-Zo-vS Date Date Date Date T:\PWDEPT\DevdivIAgreements%30096 offsite sia.doc 461 Page 6 of 6 Exhibit A SECURITY -TRACT No 30096 OFF -SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. 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 maybe 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 $ 121,893.77 $ 121,893.77 Water $ 49,608.00 $ 49,608.00 Sanitary Sewer $ 11,760.00 $ 11,760.00 Traffic Signal $ 75,000.00 $ 75,000.00 (50 % erODSt- lnsta6ation to be Mow per CondWons orApprova0 Cost of Improvements $ 258,261.77 $ 258,261.77 Standard Contingency (10%) $ 25,826.18 $ 25,826.18 Total Improvement Costs $ 284,087.95 $ 284,087.95 0' Professional Fess (Construction) $ 28.408.7 28 408.79 (f0%of , s cost or$f66,262.001a ft Pkfe Plans) $ 312,496.74 E 372,486.74 Total Bond Amount D�. 5"M STATE OF , County Of I certify that I know and have satisfactory evidence that Signed this instrument, on oath stated that he is authorized to execute the instrument And acknowledged it as the CEO of the Managing Member, Puerta Azul Partners, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned. OFFICIAL SEAL CAROLYN M. PACE NOTARY PUBLIC-OREGON Dated: GOMMISS!ONNO. 344800 MY GDA1P.tISS')4 EXPORES APRIL 10, 2005 c� �(li, . �cs•J . Notary Public bbe state residing My appointment expires 463 ATTACHMENT 4 Resolution No. 2001-55 Conditions of Approval - Approved Tentative Tract 30096 May 15. 2001 Page 9 permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. UTILITIES 42. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 43. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 44. 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 trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 45. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS (MADISON STREET) 1) Construct 43-foot half of 86-foot improvement (curb face to curb face) plus 6-foot meandering sidewalk. Applicant to construct median modifications to allow left -turn in from Madison Street as required by the Traffic Impact Analysis. 2) Applicant shall enter a secured agreement for the deferred installation of a traffic signal at the southernmost site access. Applicant's share will be 50% of the signal cost. 464 ATTACHMENT 5 Puerta Azul Partners, LLG April 23, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director / City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Re: Tract Map Nos. 30096 and 30096-1, Puerta Azul Project Dear Mr. Jonasson: This is in follow up to our prior conversations and our on -site meeting at Puerta Azul on Thursday, April 2, 2009 regarding Puerta Azul Partners LLC's request that Condition Number 45A (2) in Resolution No. 2001-55 be eliminated. We are making this formal request for the following reasons • A signal at Madison and Calls Azul Is not called for in the City of La Quinta's June 2008 Traffic Signal Master Plan. • A signal at Madison and Celle Azul would be approximately 1475 feet north of the traffic signal installation that is planned for at the intersection of Madison and Avenue 58 — roughly 25% of the typical distance between most of the signals in the south east quadrant of La Quinta, as contemplated in the June 2008 Traffic Signal Master Plan. • The Puerta Azul HQA supports elimination of a future traffic signal, and it is our understanding that this sentiment is shared by neighbors in the Legends, on the east side of Madison. • We believe that as traffic increases on Madison, if needed a better, safer, less costly, and more environmentally conscious method for controlling traffic flow on Madison, could be the potential modification of the existing median in Madison for the purpose of limiting left hand turns on to Madison. This letter is to serve as our request that the City Council take action on May 5, 2009, to eliminate Condition of Approval 45A (2) and concurrent with that release of the offsite security bond for the Puerta Azul Project. We very much appreciate your willingness to work with us on this issue and, In particular, the time you took to meet with us at the Project site. Sincerely, Puerta Azul Partners, LLC Mark P. Rockwell for managin er 465 ATTACHMENT Puerta Mr. Tim Jonasson Director, Public Works department City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Mr. Mark Rockwell Puerta Azul Partners 3 Monroe Parkway Suite P PMB 430 Lake Oswego, Oregon 97035 Dear Mr. Jonasson and Mr. Rockwell: Homeowners Association RECEIVED PUBLIC WORK' November 18, 2008 The Puerta Azul Homeowners' Association is aware that at the time the City of La Quinta approved the development application and specific plan for Puerta Azul, the conditions of approval included condition number 45 A (2) which requires the developer to "enter a secured agreement for the deferred installation of a traffic signal at the southernmost site access." It is the position of the Puerta Azul Homeowners' Association that a traffic signal would not benefit Puerta Azul but would be detrimental in that it would create light pollution as well as traffic noise and added auto emissions from "stopping and starting", and it would make exiting from the site more difficult. We concur with and support Puerta Azul Partners' request to have condition 45 A (2) amended and/or removed from the conditions of approval such that a traffic signal will no longer be required nor installed at "the southernmost site access" to Puerta Azul. Further, the HOA requests that the City remove or modify the median on Madison Street, so that vehicles leaving Puerta Azul from "the northernmost site access" can make left turns on to Madison. We believe this would significantly improve traffic flow, as well as safety in and out of Puerta Azul. I would welcome the opportunity to discuss this with Public Works. If you have questions, you are welcome to contact me at 949-254-3698. Sincerely, die ?liiv"c Ati,) Lori Livacich President Puerta Azul Homeowners' Association 57-325 Paseo Del Lago La Quinta, CA, 92253 466 ATTACHMENT 7 PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW 43100 COOK STREET, SUITE 202 SIMON J FREEDMAN PALM DESERT, CA 92211 mail@hoalaw.com DAVID M. PETERS www.hoa/aw.com KEENAN A. PARKER JAMES R. McCORMICKJR STEPHEN M KIRKLAND Tel* (760) 773-4463 Fax: (760) 773-0919 ENCINI7AS OFFICE BRENT R. AVERY 191 CALLE MAGDALENA CHRISTINA M SAME DEJARDIN SUITE 220 JOHANNA R. DELEISSEGUES ENCINITAS, CA 92024 TRACY M FULLER LINKOWSKI Tel (760) 436-3441 MICKEY JEW Fax. (760) 436-3442 KYLE E. LAKIN LAURIE F MASOTTO OF COUNSEL LAURIE S POOLE April 29, 2009 Via First Class and Electronic Mail Tim Jonasson, PE Public Works Director/City Engineer City of La Quinta Public Works Department P.O. Box 1504 La Quinta, CA 92247-1504 Re: Puerta Azul, Inc. \ Release of City Bonds 553130S, 556505S, and 556076S Our File No. 2379 Dear Mr. Jonasson: As you know, the law firm of Peters & Freedman, L.L.P., represents the Puerta Azul, Inc. Homeowners Association ("Association") in the above -referenced matter. The purpose of this letter is to provide you and the City Council with the Association's official position regarding the release of the developer bonds held by the City for the completion of onsite and offsite improvements at Puerta Azul. We are informed that the La Quinta City Council will be considering the release of bonds 553130S and 556505S (for onsite improvements) at its meeting on May 5, 2009. The face value of the bonds is in excess of $2.3M. We understand that the City has already released some bond monies to the developer. The City Council will also be considering the release of bond 556076S (for offsite improvements). We are informed that the face value of this bond is $284,188.00. We are also informed that the City has required that the developer (Puerta Azut Partners, LLC) take the following actions as a prerequisite to releasing the bonds: (1) Remove and replace three trees from the right-of-way and/or setback area adjacent thereto on Madison Street, and remove three additional trees from that area, the replacement of which would be at the Association's cost; 467 April 29, 2009 Page 2 (2) Inspect two planter boxes that are situated East of the tennis courts for leaking and, if the developer deems appropriate, pay to remove any excess soil that may be above the waterproofing, adjust or replace sprinkler heads as needed to eliminate the leaking and open "weep holes" if they are found to be blocked; and (3) Modify the traffic signal to be installed along Madison Street. BACKGROUND INFORMATION Puerta Azul is a beautiful, upscale development comprised of 126 units. It is located on Madison Street between Avenue 56 and 58. The Association is a non-profit, mutual benefit corporation that is managed and operated by its Board of Directors. In or around July 2007, the developer transitioned control of the Board to the homeowners. City Dissatisfaction with Improvements According to correspondence received by this firm, roughly one year ago, the developer requested that the City accept the onsite improvements at Puerta Azul. Over this period of time, the City prepared several versions of a punchlist of items that the City inspector determined to be incomplete or unsatisfactory. In a letter dated February 9, 2009, you informed the developer that the release of the bonds would be recommended for City Council acceptance upon the completion of the two -page punchlist. A true and correct copy of the punchlist is attached hereto as Exhibit A. The majority of items on the punchlist involved removing tree stumps and planting new trees in various areas. Specifically, the City requested that three palm tree stumps (of trees that obviously died after installation) be removed, that a dead palm tree in front of the Clubhouse be removed and replaced, and that seven additional trees be installed (either as replacements for other trees or new plantings). Other items include replacing the drains in the tennis court, repairing pump hardware near the tennis court, repairing the pool room vent on the south side of the Clubhouse and repairing security cameras at both entrances on Via Puerta Azul and Calle Azul. The punchlist indicates that the City believes that the trees planted at Puerta Azul were installed in an unsatisfactory manner. On February 9, 2009, you sent a second letter to the developer regarding a punchlist of items that needed to be completed prior to final acceptance of the offsite improvements. A true and correct copy of this punchlist is attached hereto as Exhibit B. Each of the three items identified on the punchlist involve landscaping problems. Specifically, the City requested that the planters in the parkway be repaired in order to stop leaks through the existing block wall onto the tennis court, that the existing landscaping be removed and replaced to provide better sight distance at Madison and Calle Azul, and that fourteen (14) mesquite trees in the parkway be removed and replaced with another (recommended) species. Again, trees were the City's primary concern. The Association is equally as concerned with the integrity of the trees at Puerta Azul and agrees with the City's initial punchlists. On January 24, 2008, the Association retained Mr. Jesse Contreras, an arborist with Sunshine Landscape, to inspect the mesquite trees along Madison. Mr. Contreras performed a cursory, visual inspection of the trees and stated that certain mesquites appeared to be April 29, 2009 Page 3 root bound and never developed lateral roots. Mr. Contreras referred the Association to The Tree Doctor for a comprehensive inspection and analysis. A true and correct copy of Mr. Contreras' report is attached hereto as Exhibit C. In September 2008, the Board of Directors retained The Tree Doctor to inspect the trees along Madison Street as well as the mesquite trees in the interior of the project. Mr. Gary Alexander, the consultant who inspected the trees for The Tree Doctor, opined in his report that "little effort was given to redirect the roots before installation took place" A true and correct copy of Mr. Alexander's report is attached hereto as Exhibit D. Mr. Alexander stated that the roots continue to develop by wrapping around each other rather than spreading out, thus preventing meaningful root stabilization. The trees are thus completely vulnerable to any type of wind issues. Mr. Alexander's recommendation was to remove and replace the trees. A copy of this report was provided to you by Ms. Lori Livacich, Board President, on September 11, 2008. In response to your February 2009 letters, the developer's attorney, Mr. Richard Zeilenga, sent a letter to you on March 6, 2009, stating that the items included in the initial punchlists were outside of the scope of the improvements contemplated by the bonds. Mr. Zeilenga also asserts that the improvements on the onsite punchlist were covered by the Common Area Security Agreement between the Association and the developer. He contends that the Association exonerated the bond posted pursuant to the Agreement on May 13, 2008, and that any dispute regarding release of same is between the Association and the developer. Association Dissatisfaction with Improvements At this time, the Association would like to bring to the City's attention various facts and events leading up to the "exoneration" of the Common Area Completion bond. In a letter dated January 5, 2008, the Board requested that the City notify it before providing the developer with "final approval" of the Association, as there were outstanding issues within the community that directly related to the developer. A true and correct copy of this letter is attached hereto as Exhibit E. This letter indicates that it is a second request. Presumably the Board sent a first request that may have described more completely the issues the Association was facing in connection with developer -installed improvements. Unfortunately, the first request cannot be located. In a letter of unknown date, Mr. Gary Lisk, a member of the Board of Directors, notified the City that the Association was in the process of attempting to work out several landscape and electrical problems with the developer and would appreciate advance notice before any final approval was given. A true and correct copy of this letter is attached hereto as Exhibit F. For over a year, the Association has expressed its concern to the City that developer -installed improvements, and, specifically, the landscaping, was not satisfactory. This demonstrates that landscaping had been an ongoing issue between the Association and the developer and that this issue had been raised to the developer. 469 April 29, 2009 Page 4 More recently, in a letter dated March 22, 2008, to Mr. Mark Rockwell, at Puerta Azul Partners, LLC, the Board requested that the developer pay for the removal and replacement of trees that were installed improperly or were root bound when installed. A true and correct copy of this letter is attached hereto as Exhibit G. Mr. Rockwell never responded to this letter. Just three weeks later, on April 14, 2008, Mr. Mike Kwaske, a developer employee, sent an email to Ms. Jerri Boone, the Association's property manager, requesting that the Board release five (5) Department of Real Estate (DRE) bonds. Mr. Kwaske represented that the bonds were related to the payment of Association dues for homes that were owned by the developer and for subsidy payments. A true and correct copy of this email is attached hereto as Exhibit H. Mr. Kwaske did not, at any time, indicate that one of the bonds was the Common Area Completion bond that Mr. Zeilenga claims the Association exonerated. Ms. Boone performed her due diligence and verified that the assessment bonds could be released. On April 15, 2008, Ms. Boone responded to Mr. Kwaske's email and indicated that the Board would consider releasing the bonds at its meeting in mid -May. A true and correct copy of this email is attached hereto as Exhibit I. She also inquired when the Board would have a response to a letter sent to Mr. Rockwell two to three weeks earlier. Presumably Ms. Boone is referring to the March 22, 2008, letter the Board sent to Mr. Rockwell regarding the trees. At this point in time, the matter had not been addressed and Mr. Rockwell was on notice that the trees were an issue. We have no record that Mr. Kwaske responded to Ms. Boone's inquiry. According to the minutes of the May 5, 2008, Board meeting, which was held telephonically, the Board approved the release of the bonds. The developer did not accurately represent the nature of all of the bonds that it was requesting the Association to release. Mr. Kwaske represented that the bonds were for assessment and subsidy payments. There was nothing indicating that the bonds were for Common Area improvements. The Board, which is comprised of volunteer laypersons, relied on the developer's representation and approved the releases over the telephone in reliance on Mr. Kwaske's correspondence. After receiving no response from the developer regarding the tree issues, on July 1, 2008, the Board sent a letter to the City requesting that the City hold off on releasing the bonds. A true and correct copy of this letter is attached hereto as Exhibit J. The letter referenced the distressed trees and included the report from Mr. Jesse Contreras. Again, on September 11, 2008, Ms. Livacich, the current Board President, sent a memo to you, along with a document prepared by arborist, Gary Alexander, requesting that the City consider the document prior to releasing the bonds. In summary, before the Common Area Completion bond was "exonerated," the developer was on notice that the trees were an issue and that the Association was demanding that they be replaced. Knowing that the tree issues were not resolved, the developer nevertheless submitted the Common Area Completion bond, which they are now claiming was the Association's only recourse for unsatisfactory onsite improvements, to the Board for release. In presenting the bonds for release, the developer represented to the Board that the bonds were only for assessments and subsidies. Never did the developer indicate that one of the bonds was the Common Area Completion bond. 470 April 29, 2009 Page 5 The Board relied upon the developer's representation and released the bonds without realizing that it was exonerating the Common Area Completion bond. While the Association has attempted to work with the developer on this issue, the developer has refused to take any action, instead relying on the bond exoneration improperly obtained. Subsequently, the Board pursued the issue of the trees with the City since it failed to receive a response from the developer. THE ASSOCIATION'S POSITION While the Association appreciates the fact that the developer has removed nine trees along Madison Street, this will not fully resolve the problem. Your February 2009 punchlists demonstrate that the City has grave concerns regarding over twenty (20) trees at Puerta Azul. Our consultants have stated that the trees were improperly installed and will not survive in the long- term. These trees are root bound, unstable and vulnerable to winds. They present a significant health and safety hazard to not only residents and guests of the Association, but also to citizens of La Quinta who traverse the sidewalk adjacent to the Association. The developer is now requesting final acceptance and exoneration of the onsite and offsite bonds from the City. If the bonds are released, the Association, which is already financially strapped in this housing market and facing a significant shortfall in assessments, will be faced with the onerous task of replacing the dying trees. This will undoubtedly cost tens of thousands of dollars that the Association does not have. Further, the Board has been deprived of its only recourse, in the form of the Common Area Completion bond, by relying on the representations made by the developer. The Board now turns to the City for help. The Association requests that the City reject the developer's request to release the onsite and offsite improvement bonds and require the developer to live up to its obligations to the Puerta Azul owners and citizens of La Quints by completing all of the items on the punchlists dated February 9, 2009. In addition to the punchlist items, the Association requests that the electrical lighting in the trees along Madison, as well as other trees in the community, be replaced. The lighting was installed improperly and only works sporadically. Currently there is a bank of twelve (12) lights that are currently dark. In the alternative, the Association requests that the City require the developer to stake and trim the root -bound trees that will not be removed. While only a short-term solution, this will stabilize the trees. The Association also requests that the new trees planted by the developer be warrantied for one year and that the Association be indemnified for any injuries or property damage caused by the failure of the trees. Also, the repair of the planter boxes (identified as punchlist item 2 on page 1 above) should not be within the discretion of the developer but should be required in any instance. TRAFFIC SIGNAL In the original conditions of approval for the project, the developer was required to pay for half of the cost of constructing a traffic signal at the southernmost access to Puerta Azul. It is the Association's understanding that the City will be requiring the developer to either construct a traffic signal now or post funds to build a traffic signal on Madison Street in the event that traffic increases in the future. In any event, the Association respectfully requests that the signal be placed at the Legends main entrance, not the Puerta Azul entrances. A signal in front of Puerta Azul would be 471 April 29, 2009 Page 6 detrimental to the Association residents in that it would create light pollution as well as traffic noise. It would also make exiting from Puerta Azul more difficult. The Association also requests that the median located at the south entrance of Puerta Azul be modified into a worm configuration to allow left hand turns out of the property. Thank you for your consideration of the Association's position in this matter and your endeavors to include the Association in this process. The Association appreciates the City's efforts in making Puerta Azul a true asset of La Quinta. Very truly yours, PETERS & FREEDMAN, L.L.P Christina Baine DeJardin, Esq. Enclosures: Exhibit A: Onsite Punch List Exhibit B: Offsite Punch List Exhibit C: Sunshine Landscape Tree Report Exhibit D: Tree Doctor Report Exhibit E: January 5, 2008 Letter From Association to City Exhibit F: Letter from Board President to City Exhibit G: March 22, 2008 Letter from Association to Developer Exhibit H: April 14, 2008 Letter from Developer to Association Exhibit 1: April 15, 2008 Email from Association to Developer Exhibit J: July 1, 2008 Letter from Association to City cc: Board of Directors City Council Members Kathy Jenson, City Attorney Tom Genoviese, City Manager Richard Zeilenga, Attorney for Puerta Azul Partners, LLC CBD\cmb G?23\2379\CBD\Bond\jonws n 01 bond.wpd MIN ATTACHMENT PRIVATE DEVELOPMENT PUNCH LIST Tract Map No. 30096 - On -Site Improvements Development Name: Puerta Azul The following items are to be corrected or completed to comply with the project specifications. Please verify the completion of these items and then contact Daniel Valenzuela, Assistant Engineer, at (760) 777-7096 for further inspection. 1. Remove and relocate existing ADA parking stall(s) per the approved plan (plan set no. 02054). 2. Remove and replace dead palm tree in front of clubhouse. 3. Remove palm tree stump located on the eastside of clubhouse (near main entrance). 4. Remove palm tree stump located south of 80-883 Via Puerta Azul within the retention basin area. 5. Install palm tree near the westside of garage for 80-830 Via Puerta Azul. 6. Remove palm tree stump located south of 80-944 Via Puerta Azul and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 7. Remove and replace existing 2" drains located within the tennis court. 8. Remove existing mesquite tree located at the west end of Via Puerta Azul fronting 80-752, and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) r� H 16 -r "A„ Page 2 of 3 — — 473 9. Install a tree north of 80-860 Calls Azul (in retention basin area) with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 10. Remove existing tree located north of 80-866 Calle Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 11. Remove existing tilted tree located north of 80-890 Calle Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) 12. Remove existing tree stump located south of 80-913 Via Puerta Azul (in retention basin area), and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2-caliber) Sweet Acacia (36" box - 2"caliber) 13. Repair existing pump hardware located on the eastside of the tennis court. 14. Repair pool room vent located on the southside of the clubhouse. 15. Repair security cameras located on both entrances on Via Puerta Azul and Calle Azul. Page 3 of 3 474 r ATTACHMENT 1 PRIVATE DEVELOPMENT PUNCH LIST Tract Map No. 30096-1 — Off -Site Improvements Development Name: Puerta Azul The following items are to be corrected or completed to comply with the project specifications. Please verify the completion of these items and then contact Daniel Valenzuela, Assistant Engineer, at (760) 777-7096 for further inspection. 1 . Repair planters in parkway along Madison St.; water is leaking through the existing block wall onto the tennis court. 2. Remove and replace existing landscaping to provide better sight ( distance at Madison St. and Calle Azul. 3. Remove fourteen (14) existing mesquite trees in parkway are along Madison St., and replace with one of the following: Palo Verde Desert Museum (36" box - 2"caliber) Sonora Palo Verde (36" box - 2"caliber) Tipu tree (36" box - 2"caliber) Sweet Acacia (36" box - 2"caliber) T:\Tracts Parcel Maps SP\30000-39999\3009MExternal Correspondence\Condmonal Finei Accept GMhe with Punchlist TM 30096.dcc Page 3 of 3 [�)NI6I1- 'loll 475 Palm Oewd Bwmeir Center 75.181 Medilerrenean Folm Geterl'a 92211 P.O. Box 12860 Palm Oereri, (6 92255 uc #408804 ..__ ._. 619 346�3999 Fax 619 346 S632 Janua_y 2a, 2008 T0: Jerry Boone, Manager Gordon Davidson PUERTA -z=L :RCM: Jesse Contreras, Anccrist SUNSEINE LANDSCAPE I understand you have tree failure at Puerta AZU1. give vcu my professional ooinicn on why your _gees are failing based on a visual inspection on-iy. it is difficult 'c come _._ and form an opinion when you don'_ nave the whole _._.._or✓ of the situation. Certain trees on Madison (mesquite_) appear to he root bound and have never developed lateral roots. They outgrew their container at the nursery causing the roots to go in a __rcc-Car direction. This appears to be the same case _n a few other tees within your develcomeot. am no` sayinc this _is .he complete problem that is causing your trees to `_ail. .cur sc_l '_s high in a'_kaline. A int of plants fa_1 _•. these kinds of cond_cions Trilogy, , its early stages, experienced a lot of shrub and tree '_aiiure. Also, you are in an area where winds pass through at very high speeds. W � XN I61 T 'rL 476 POA RESIDENTIAL i ,2M =I, which we currently maintain, nad tees go over in these winds. We solved the problem by t them tw; ca a year ;mesquites and peppers), trimming time 'very time we have remov_ng approximately .5a at _rich winds, we lose a sma' i percentacre but :.,proved. abcu= q0o because we went to twice a year tr=mm_nc. re tco close to block some of ,,our Wash_naton! Robcstcs You w�11 '_:ave problems "✓ wails cr s'dewalks (hardscaue). with fitting o- concrete on walks in tne-uture. say now because it was a bri-- ^'t;is _ anout all can 'V1Sllal b`nSDeCt10II. recommeact that ID' want a :acre extensive insoection, - ol_ you contact THE TREE DOCTOR. -e wz�1 ir_spect roots etc. Mr. Davidson, the name of the trees or. the west side c- the fl aro7 eot '_s a Rosewood `DALB=.RGSA'. i Ti-,ank You. 477 ee Doctor TheTrImperial "(kle T R E E D O C 7,OR - A-1 Tree Service (760) 773 5085 Ultra Gm Plant & Fertilizer, LLC (8)0) 284 4813 P.O.Box 487 FAX (760) 262 8650 Thousand Palms, CA www.rhetreedoctor.corn 92276 garyi@thatroodoctor.com Consultatlon Report REPORT # R11277 Technician: Gary Alexander DATE: 9/110/2008 Name: Puerta Azul Alt Lori Lwacich Map Grid: Street 57-325 Madison. Ceu: City-, La Quinta State: CA Zip: Fax: 949 254 3698 Phone/Home: Ph.IOff: Gate Code: Street CAY. La Quirda State: CA Zip: SERVICE DESCRIPTION: Mesquites in decline and falling over Observations: 1 Trees along Madison in the area of Puerta And and also Metluhes viewed inside Estate Property 2 appear to have been planted and installed at approximately the same time and were similar in size. In 3 viewing the rood development, it is quite dear that little effort was given to redirect the roots before 4 installation took place. 5 When you view pictures enclosed, you wdl observe that roots continued to develop by wrapp np around 6 each other rather than spreading out. This created what we call kider roots that choke off the vascular 7 system and extremely limit normal root growth. This prevents meaningful root stabilization benefits, thus 8 causing the tree to completely vulnerable to any type of wmd issues. When trees were planted, they were 9 staked for stabilization but that is suppose to be temporary until the root system can take over. In this case, 10 it was impossible because roots were not redirected. Wells were installed but were places next to the stem or trunk of trees rather than away from the trunk 1 for long term activity at root development. Short term watering with simple bubblers at stem that can be 2 shut off once tree is established. Unfortunately removal and proper replacement and installation with new 3 trees is basically in my view the only long teen optlon. 4 5 6 8 0 10 t1 12 13 14 15 16 Suggestions: 1 2 3 t 5 No Warranties; Expressed or Implied General Property Review. Consu atipm, and Recommendations. 1 $250.00 Card No. Ex .Date Re rt: $75.00 Authorized Signature: Total: 5325.00 X�I1B i "D"- 478 January 5, 2008 o''`.�'j, L, i4! Mailed Certified and Re--ular U.S. Mail Mr. Leonard R. St. Sauver, Assistant Engineer II City of La Quima Public Works/Engineering P.O. Box 1504 18-495 Calle Tampico La Quinta, California 92247-1504 RE: PUERTA AZUL HOMEOWNERS ASSOCIATIO — "D REQUEST Dear Mr. St. Sauver: Pursuant to the enclosed communication. the Puena Azul Homeowners Association is respectfully requesting notification prior to the City of La Quinta providing final approval to the Developer of our association. We ask this courtesy due to outstanding issues within our community that directly relate to the Developer. Please contact me at (760) 346-1161. extension 144 so that we may discuss this further. Thank you in advance for you cooperation. Jerri Boone, CCr Property Manager On efiaZf o I e oar of Directors Puena Azul Homeowners Association cc: Law- Office of Peters & Freedman, LLC �Q 7 P.O. Box 4772 • Palm Desert, CA 92261-4772 73-550 Alessandro - Palm Desert, California • 760.346.1161 - FAX 760.346.9918 4 79 Mr Leonard R St Sauver Assistant Engmur 11 Cny of La Qutta Public Works/Engmeenng P O Box 1504 78-495 Cale Tampmo La Quetta, California 9224, 1504 Derr Mr SL Sauver Thank you and Toone, for providing info rnatmn on the approval sums hue az Pump, A I I The developer turned the property over ro the HOA earlier this year -and we were unaware that the final approval process was sill ongoing Weme in the process of anempmng to work out several issues with the oeveloperregarding lanamape and elecrneal problems and would sincerely appreciate being notified before any final approval is given Smcereiy, Gary R Usk Punta Axul Board of Detectors c c. Barry Danmis Bob Latey letn Boone e 430 s�® DES-FRT-RESORI. i - Marcu 22, 2008 I Pacific Santa Fe Corporation 3 Monroe Parm'way, Suite P P.O. Box 430 Lake Oswego, OR 97035 Ann Mark Rockwell, Owner 1?1E PUE12'rA AZUL ASSOCIATION Mr. Rcdcwell, The Board of Directors of the Puerta AcJ .AFsociation wishes to male you aware that since the Lure Pacific Santa Fe completed the develop reap of the community, two (2) major items of concern have uecome apparent. FirsS the electrical problems, which you have assisted us with, and second, the tree problems we have encountered. Attached are some ohmos that illustrate the Boaru's fru=zdDri- The Boara of Directors respcctfuliy requests your assistance :o addressing mese cencans. Many of the trees within the community have inexpiicably died or been disp;aceu from the earth. Based upon the professional oulmon of a Certified Arbonst, the trees pianten were ili-conceived tram the onset resulting in the challenges file Association is currently unoergoing widr the trees that have oecn lost to Cate The Board undersranes oat with the turnover of the property to the association from the developey the Association must bear reasonable burden for the day-to-day maintenance OF me Asscciauoa. However, what is further understood is that by initernine severe chaltenees with such critical components as lighting end landscaping, the Association can no longer look to usetf in order to make corrections for decisions mace that n is certain were honombie, but in the end denctelL. We sincerely appreciate the assistance you have provided in the cast to correct senous problems we nave uncovered and think you will agree, after reading the repo- that your assistance in this matter is also warmmed. Who this in mind, die Board of Directors of Pieria Azul is renuesting your assismnce in making the nssoantion whole again. Succinctly, the Fuerm Azul Boara of Director is rettuesting the following The Pacific Santa Fe Corporation should authorise and pay for the removal and reoiacement oftracs that were installed impropeny or were root home when they were installed, thus causing them to die or fall over The Nome Owners Association aas beer. Faring hard to stay financially solvent, maintain rite aroperty and continue to urovtoe as many services to the ncmeowners as we canq\71d your help, Puerta Azul will continue to be a wonaci fui ucamnentto your developmental acumen. ,Peru II )One, Prooeny MmtCeer On Behitifofthe Board of D� etcrs Puerta zu sso-mucn cc Dan Ferri. CPO, CGO Roeannc lioltmac Enclosures PO eoa4772 Palm Dasart,CA9226t-a77z EXHIBIT D 73-550 Alessandro * Palm Desert, Conform; 750,346.1151 • `A7_ : 30.346.99i8 _man:drmwdrmmt=rneLcom wv.vidrmrterne:.com l.- /\ I I I Y i r IIV n 481 -- ---------------- --- --- - - ---- --... - From: Mike Kwaske [mailto:mikek@salmonst.com) Sent: Monday, April 14, 2008 1:48 PM To: Jerd Boone ! Cc: 'George Robertson ; 'Barry Daniel'; 'Brent Olson'; Diane Underwood; Kerry Leavitt; 'Bob Lal 'Gary Lisk' Subject: Puerta Azul Bonds Jern, We nave 5 outstanding ORE bonds at Puerta Azul that we need the HOA to sign -off on in order to get them exonerated. These bonds are related to the payment of HOA dues for homes that were owned by Puerta Azul Partners and for subsidy payments per the ORE budgets Now that all of the homes are sold, and Puerta Azul Partners has no further obligations for assessment and subsidy payments. all that is left to do is confirm that we are current with our payments to the HOA If we are indeed current with -i our payments, then please forward the attached letters to the board for signature; if not, please let me know what the outstanding balance is so that we can take care of it. Thanks, Mike Kwaske 503-477-2036 cell 503-296-5641 fax 482 From: Jerri Boone [mailto,.jboone@drminternet.com] Sent: Tuesday, April 15, 2008 1:28 PM To: Mike Kwaske Subject: RE: Puerta Azul Bonds Hi Mike, Wanted to acknowledge receipt. The Board will be meeting mid -May at which time I will formally present this to them On another note, may I know when we may have a response to a letter sent to Mark approximately 2-3 weeks agog Please aavise Jerri Boone Desen Rasorr Wauagenvent 73-550 Alessandro, Suite 5 Pam Desert. CA 92260 (760) 346-1161 ext 144 (760) 346-9918 Fax Iboonereldrmmtemeucom www drmmternet coin The information contained in and transmitted by this communication is CONFIDENTIAL, PRIVILEGED. or PROTECTED BY LAIN This communication is intended only for the use of the specific individual or office to whom it s addressed Dissemination, distrbution or copying of this communication to anyone other than the specific individual or office addressed is STRICTLY PROHIBITED. It you are not the intended recipient, you are hereby notified that any disclosure, distribution or the taking of anyaction in reliance of this information is STRICTLY PROHIBITED If you have ieceved this communication in error, please notify the sander by return email and destroy this commumcatmri E�xN1B1f- "T_U 483 July 1, 2008 Timothy Jonasson Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92247 RE: PUERTA AZUL HOMEOw NERS ASSOCIATION Dear Mr. Jonasson, Please find additional information requested by Ms. Amy Yu in relation to Puerta Azui Homeowners Association's request of the City of La Quinta to hold release of the bonds from Puerta Azul Partners, LLC. You will find photographs of trees within the community whose condition today we believe are a direct result of the mismanagement of Puerta Azul Partners at the inception of the project. You will also find a report from Arborst Jesse Contreras for your review. i Should you have any questions, please contact me at (760) 346-1161, extension 144. Thank you. cerely, Terri Boone Property Manager` At the Direction of the Board of Directors Enclosures 1S P.O. Box4772 Palm Desert, CA 92261-4772 ATTACHMENT 8 WARRANTY SECURITY TM 30096-1 Development Name: Puerta Azul OFF -SITE IMPROVEMENTS Performance Security' Improvement Descrilion Labor & Materials2 Performance Amount Proposed Reduction WARRANTY AMOUNTS Street $121894 $121,894 90% $12189 Water $49 608 $49 608 90% $4 961 San tarySewer $11,760 $11,760 90% $1,176 TrafficSignal (50%) $75,000 $215,000 100% $0 Standard Contingency(10% $25,826 $25,826 100% $0 Totalsl $284,088 1 $424,088 1 - $18,326 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 485 ATTACHMENT 9 Puerta Azul Partners, LLC April 30, 2009 VIA FI EMONIC MAIL Mr. Timothy R. Jonasson, P.E. Public Works director / City Engineer City of La Quinta P.O. Box 1504 La Quinta, California 92247-1504 Ref: Puerta Azul / Release of both on -site and off -site performance bonds Dear Mr. Jonasson: This letter is in response to Ms Christina Beine DeJardin's April 29, 2009 letter, written as legal counsel for Puerta Azul, Inc. As 1 hope you agree, Puerta Azul Partners, LLC has been diligent in fulfilling all of its obligations under each of the three Subdivision Improvement Agreements ("SIA"), that it has with the City of La Quinta for both the on - site and off -site improvements at Puerta Azul, including each punch -list item listed in your most recent letters dated April 9, 2009 regarding "Tract Map No. 30096, Puerta Azul Final Acceptance of On -Site Improvements" and "Tract Map No. 30096-1, Puerta Azul Final Acceptance of Off -Site Improvements." The two on -site SIA's between the City of La Quinta and Puerta Azul Partners LLC (bond numbers 553130s & 556505s) were for "Grading, Streets & Storm Drainage, Domestic Water, Sanitary Sewer, Dry Utilities, and Monumentation." Neither of the on - site SIA's are associated with any of the common area landscaping or other complaints referred to in Ms DeJardin's April 29" letter. As such there is no contractual basis in the two on -site SIA's for the City to further delay release of the security. The off -site SIA between the City of La Quinta and Puerta Azul Partners LLC (bond number 55313S) was for "Street, Water, Sanitary Sewer, and Traffic Signal" (50% of the cost of a future traffic signal to be installed at the intersection of Madison and Calle Azul). The off -site SIA is also not associated with either the on -site or off -site landscaping or other complaints included in Ms DeJardin's April 29'h letter. As with the two on -site SIA's, there is no contractual basis in the off -site SIA for the City to further delay release of the security. Now that Puerta Azul Partners LLC has fulfilled all of its contractual obligations in this regard (except for the requested modification to off -site Condition Number 45 A (2) in Resolution No. 2001-55, as discussed in my April 23, 2009 letter to you regarding this topic, copy attached), the agreement requires that the City of La Quinta accept the improvements and exonerate the performance bonds associated with each of the SIA's. Further, it is wrong for Ms DeJardin and Puerta Azul, Inc. to request that the City not 486 honor its contractual obligations to exonerate the bonds, but rather withhold exoneration for the purpose of pressuring Puerta Azul Partners LLC into performing acts for the benefit of the HOA. In summary, we have completed the ADA parking stall near the clubhouse as you requested, and we have completed all of the tree removal/replacement and staking/cabling that you requested along Madison Street. 100% of your modified punch list items are now satisfied and have been inspected by City staff. That should be determinative for the City Council in releasing all three security bonds, as required by the terms of the SIA agreements. Ms. DeJardin letter focuses upon a side issue, i.e. the historical facts surrounding the HOA Board's release of private common area security bonds with respect to on -site landscaping, tennis courts, and other on -site common area improvements. The Common Area Completion Security Agreement (bond 556076s) discussed in Ms DeJardin's letter, was the security agreement between the HOA (Puerta Azul, Inc.) and Puerta Azul Partners LLC (the developer), which covered 100% of the landscaping and common area improvements at Puerta Azul. The undisputed facts show that the HOA released the security for those improvements almost one year ago, on or about May 8, 2008, by the unanimous vote of the HOA Board. Since the time we made the City aware of these facts, in Mr. Zeilenga's March 6'" letter to you, the HOA has had several different responses, none of which square with the facts. This is also the case with Ms DeJardin's explanation in her April 29, 2009 letter. Initially the HOA denied that the Common Area Completion Security Agreement had been exonerated by the HOA Board, claiming that the release signature had been "forced." The evidence provided to you in a sworn declaration from Mike Kwaske, under penalty of perjury, showed otherwise, including the actual Board minutes from May 2008, showing unanimous approval by the Board, releasing/exonerating the common area improvement bond. The HOA's explanation of what occurred has now changed again. Now, according to Ms DeJardin, the Board, didn't know what it was actually approving, and the Board was mislead by an informal cover e-mail. Ms. DeJardin claims the Board, presumably its Management Company, and its lawyers, had no way to know that the Board was releasing a Common Area Completion Security Agreement that covered landscaping, tennis courts, and other common area improvements. In fact she says "There was nothing indicating that the bonds were for Common Area improvements." She further states "Never did the developer indicate that one of the bonds was the Common Area Completion Bond." These statements by Ms DeJardin are absolutely false. The bond release form for the Common Area Completion Security Agreement, that was presented to the HOA Board, three full weeks before the Board's May 5, 2008 meeting, clearly announces on the face of it: "Bond number 556076S is a Common Area Completion Security Agreement....." and further down on the same page, in underlined type states "All Improvements......." The Common Area Security agreement itself, on page 1, section 3, lists landscaping, irrigation, pools, tennis court, etc. as part of the "Improvements." Exhibit A to the agreement also lists landscaping in some detail. See Rick Zeilenga's letter to you, dated March 6, Exhibit 4 and Exhibit A to Exhibit 4. (A copy of the bond release form 556076s is attached). 487 It is also clear from the correspondence attached to Ms DeJardin's letter (see Exhibit E to her letter), that Ms DeJardin's firm, Peters & Freedman, L.L.P. represented the HOA at the time, and was presumably available to the Board to answer any questions that it might have had with regard to exonerating the Common Area Completion Security Agreement. If neither the HOA Board nor its attorney bothered to read the simple one page release form, nor read page 1 of the Security Agreement it references, their defense of ignorance should not be viewed sympathetically by the City Council. See Mr. Zeilenga's March Vh letter, Exhibit 5 and Exhibit 4. Given that Puerta Azul Partners LLC has fulfilled its contractual obligations under the terms of On -site SIA's 553130S and 556505s and Off -site SIA 553131s (except for the off -site Condition Number 45 A (2) in Resolution No. 2001-55, as discussed in my April 23,2009 letter to you regarding this topic), and because none of the issues raised by Ms DeJardin in her April 2911, letter are related to any of the three SIA's between the City of La Quinta and Puerta Azul Partners, LLC, we request that the City honor its obligations under the terms of the SIA agreements, and that the City Council exonerate the bonds associated with those agreements at its May 5, 2009 meeting. I would also request that this letter, along with our prior correspondence requesting exoneration of the bonds, including Mr. Zeilenga's March 6, 2009 letter to you, Mr. Kwaske's sworn statement refuting the "forgery' claim, and my April 23, 2009 letter to you, all be included in the materials that will be provided to the City Council for the upcoming May 51h, 2009 meeting. Sincerely, Puerta Azul Partners, LLC Mark P. ockwell, for the managing member C.C. Tom Genovese, City Manager Kathy Jenson, City Attorney Richard S. Zeilenga, Esq. Attachments: April 23, 2009 letter to Timothy R. Jonasson Bond release for Common Area Completion Security Agreement bond number 556076S 488 05/13/20BB 07:40 760346991E DESERT RESORT 14GNT PAGE 04 April 14, 2006 First American Title Company 44901 Village Court Suite A Palm Desert, CA 92262 RE: Puerta Azul bond number 556076S Release Dear First American Title Company, Puerta Azul Partners and the Puerta Azul Home Owners Association are writing to request final release of bond number 5560763 associated with the Puerta AZUI subdivision DRE File Number I OB660LA — F00, Bond number 556076S Is a Common Area Completion Security Agreement between ASSOCIATioN Puerta Azul, Inc. 17700 S.W. Boones Ferry Road, Suite 10o, Portland, OR, 97224 And SUBDIVIDER Puerta Azul Partners, LLC, an Oregon Limited Liabllity Company 17700 S.W. Boones Ferry Road, Suite 100, Portland, OR, 97224 In accordance with the provisions set forth in Part Two Section 1.A Subdivider and Association hereby state: Please provide a formal letter of exoneration for Puerta Azul band number 556076S. Mark ckwell, CEO and Managing Member Puerta Azul Partners, LLC, an Oregon Limited Liability Company 3 rrLsway, Suite P, PMB 430 sti ke Oswego, �R 97035 s ad ea Daniel, Puerta AVHOA Board President — Puerl , Inc. 73-650 Alessandro Palm Deserl, CA 92260 Puerta Azul Partners, LLC April 23, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director f City Engineer City of La Quinta 78-495 Calls Tampico La Quints, California 92253 Re: Tract Map Nos. 30096 and 30096-1, Puerta Azul Project Dear Mr. Jonasson: This is in follow up to our prior conversations and our on -site meeting at Puerta Awl on Thursday, April 2, 2009 regarding Puerta Awl Partners LLC's request that Condition Number 45A (2) In Resolution No. 2001-56 be eliminated. We are making this formal request for the following reasons: • A signal at Madison and Calls Azul Is not called for in the City of La Quints's June 2008 Traffic Signal Master Plan. • A signal at Madison and Calls Azul would be approximately 1475 feet north of the traffic signal installation that is planned for at the intersection of Madison and Avenue 58 — roughly 25% of the typical distance between most of the signals in the south east quadrant of La Quints, as contemplated in the June 2008 Traffic Signal Master Plan. • The Puerta Azut HOA supports elimination of a future traffic signal, and it is our understanding that this sentiment is shared by neighbors in the Legends, on the east side of Madison. • We believe that as traffic Increases on Madison, If needed a better, safer, less costly, and more environmentally conscious method for controlling traffic flow on Madison, could be the potential modification of the existing median In Madison for the purpose of Ilmlting left hand turns on to Madison, This letter is to serve as our request that the City Council lake action on May 5, 2009, to eliminate Condition of Approval 45A (2) and concurrent with that release of the offsite security bond for the Puerta Azul Project. We very much appreciate your willingness to work with us on this issue and, in particular, the time you took to meet with us at the Project site. Sincerely, Puerta Azul Partners, LLC Mark P.P. Rockwellfor mane ging member 490 ATTACHMENT 10 April 17, 2009 RECEIVED APR 2 0 2009 PUBLIC WORKS Mr. Timothy R. Jonasson Public Works Director/City Engineer City of LaQuinta P.O. &ix 1504 78-495 Calle Tampico LaQuinta, CA 92247-1504 Dear Mr. Jonasson, My wife and I live at 80913 Via Puerta Azul, LaQuinta. We have been homeowners from the very beginning of the Puerta Azul project. Therefore, we have witnessed first hand the progress of this project. We feel that the project is well designed and that the quality and quality of the plants, trees, shrubs and grass areas are more than adequate. We also feel that the common area amenities such as the club house, pools, etc. were very tastefully done and well executed by the developer, Pacific Santa Fe. If there is to be any action by the City Council regarding this project we ask that this letter be included in the record. Thank you. rucuaiu n. a,ur w,/ �- i n 2253 491 ATTACHMENT 11 April 13, 2009 RECEIVED APR 3 0 2009 Mr. Timothy R. Jonasson PUBLIC WORKS Public Works Director/City Engineer City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 Dear Mr. Jonasson As residents of Puerta Azul, we are writing this letter to express our support for Puerta Azul Partner's request to the City Council to exonerate performance bonds related to work in the development of Puerta Azul. As Homeowners, we are pleased with the work that Puerta Azul Partners did it completing the common areas at Puerta Azul, and in particular our beautiful clubhouse and furnishings, swimming pools and the lush landscaping that they provided throughout our community. We feel this is part of our investment at Puerta Azul. The partners have all kept a home in Puerta Azul and have become our friends as well as our neighbors and are part of this community. Would you please include this letter in the file for the upcoming City Council action regarding this matter? Thank you. Sincerely, Puerta Azul Homeowners 492 cedf 4 4V a" COUNCIL/RDA MEETING DATE: ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, to 1.) Restrict the Placement of Permitted Temporary Signs within the Public Right -of - Way (9.160.060); and 2.) To Revise Table 9-17 to Change the Maximum Sign Size and Height Restrictions for Exempt Signs (9.160.020). RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING. L Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No Municipal Code Section 9, Zoning. FISCAL IMPLICATIONS: None. HARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: on first reading amending the La Quinta The City Council previously discussed the placement of permitted temporary signs within the public right-of-way, specifically placement of signs within the center medians, during three study sessions following the initial discussion brought forth by Council Member Kirk at the February 5, 2008 City Council meeting. Discussion during the three study sessions has focused on the aesthetic impact associated with the placement of certain temporary signs within public right of way as well as the enforcement provisions for violations of the temporary sign provisions. The City Attorney previously provided a memorandum addressing political signs (Attachment 1)• 1 493 During the March 3, 2009 City Council meeting, comments provided during the study session directed staff to process an amendment to the City's municipal code specifically addressing temporary signs, including provisions limiting the placement of such signs to private property as well as reducing the maximum time period for temporary sign placement (Attachment 2). ANALYSIS: The purpose of this code update is to minimize the aesthetic impact associated with temporary signs by prohibiting placement of temporary signs within the City's public right-of-way. The proposed code update will amend the City's sign regulations to prohibit placement of temporary signs on public property, including public right-of-way, as well as to reduce the total number of days such signs may be displayed from 60 to 45 days. The proposed update also amends the exemptions section of the sign code to eliminate the maximum square footage requirement for exempt directional and non- profit information signs. Signs located within the center median of public right-of-ways have the potential to create a visual impediment to drivers, pose a safety hazard to those placing and removing the signs, and can be an aesthetic nuisance to the landscape medians. However, limiting temporary signs from placement within public right-of-way will reduce visibility of and exposure to the information displayed on such signs. The listing of exempt signs (Table 9-17 of LQMC 9.160.020) includes allowance for the posting of directional and nonprofit information signs for public, quasi -public and non-profit uses. These signs can be temporary or permanent and must be approved by the Planning and Public Works Directors prior to posting. The language provided in this table allows for the placement of such signs on public or private property and adjacent to an arterial thoroughfare, thus not allowing such signs to be placed on a median or within the right of way of smaller "neighborhood" streets such as collector and local streets. The proposed amendment eliminates the maximum area currently allowed for such signs. Removing the the size limit for exempt directional and non-profit information signs will allow opportunity for greater flexibility and control over approval of such signs as the Planning and Public Works Directors must review and approve such signs prior to placement. The final change effected by the proposed amendment is the reduction of the maximum posting period for temporary signs. The current maximum posting period for permitted temporary signs is sixty (60) days. The code amendment will reduce the maximum time length from sixty (60) days to forty-five (45)• The reduction in the number of days is likely to have a nominal impact, though it will improve aesthetics by reducing visual clutter and distractions. Environmental Review The approval of the Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act (CEQA). The activity of amending the sign ordinance is covered by the general rule that CEQA only applies to projects which the potential for causing a significant effect on the environment. Future projects that may be affected by changes to the ordinance would be reviewed under CEQA individually, and would have their impacts addressed under CEQA. Planning Commission The Planning Commission considered the proposed zoning code amendment and conducted a public hearing at its April 14, 2009 meeting. During the discussion regarding the restriction of sign placement within the public right-of-way, Commissioner Weber agreed that prohibiting temporary signs in the center medians will improve the aesthetic quality of the city. Chairman Alderson commented in agreement with Commissioner Weber and also commented that signs within the center median do not conform to the aesthetic quality of the city and that placement of such signs within medians poses danger to those posting and removing the signs. Chairman Alderson also commented that he was not supportive of completely removing the opportunity to place temporary signs within the public right-of-way. Following discussion and providing opportunity for public comment, though no comments were received, the Planning Commission voted 4-1, with Chairman Alderson voting no, to recommend City Council approval of the proposed zoning code amendments. A copy of the meeting minutes are attached (Attachment 3). Public Notice This request was published in The Desert Sun newspaper on April 23, 2009; to date, no letters have been received. A copy of this request has been sent to all applicable public agencies and City departments. Any comments for public agencies have been included in the recommendation for approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. and on first reading amending the La Quinta Municipal Code to Section 9, Zoning, to 1.) Restrict the Placement of Permitted Temporary Signs within the Public Right -of -Way (9.160.060); and 2.) To Revise Table 9-17 to Change the Maximum Sign Size and Height Restrictions for Exempt Signs (9.160.020); or 2. Do not move to take up Ordinance No. ; or 3. Provide staff with alternative direction. Respectfully John$(d/Plarhi q Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Attorney Memorandum 2. City Council Meeting minutes — March 3, 2009 3. Planning Commission Meeting minutes — April 14, 2009 �IKOI ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1.) TO RESTRICT THE PLACEMENT AND MAXIMUM TIME PEROID OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); 2.) TO REVISE TABLE 9- 17, TO REMOVE MAXIMUM SIGN SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS (9.160.020). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance that necessitate an amendment to the Zoning Ordinance ("Zoning Ordinance Amendment"); and, WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 141h of April, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to restrict the placement of permitted temporary signs within the public right-of-way (9.160.060), and to revise Table 9- 17 "Exempt Signs" for the removal of maximum sign height and maximum sign area (9.160.020); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on April 23, 2009, as prescribed by the Municipal Code, advertising the public hearing before the City Council on the Zoning Ordinance Amendment; and WHEREAS, The City Council held a duly noticed public hearing on the 51h day of May, 2009, and considered the evidence, both written and oral, presented at said hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta does ordain as follows: 497 Ordinance No. Zoning Ordinance Amendment 2009-097 Adopted: May 5, 2009 Page 2 of 3 SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" and "B", attached hereto and incorporated herein by reference. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061 (13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and is 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 operations to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5`h day of May, 2009, by the following vote: AYES: NOES: M Ordinance No. Zoning Ordinance Amendment 2009-097 Adopted: May 5, 2009 Page 3 of 3 ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California LAU" EXHIBIT A 9.160.020 Exempt signs. A. Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted herein below. Table 9-17 Exempt Signs Not Requiring a Sign Permit* Sign Type Placement Maximum Illumination Area In this table: "n/a" means not applicable or no restriction "Building -mounted" means sings mounted flush -to -wall only 1. Official notices issued by any court or public body n/a n/a n/a or officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or Building- 1 sq. ft. Required identification signs mounted aggregate 3. Signs located in the interior of any building or n/a n/a Yes enclosed outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows or dates of Building- 3 sq. ft. No erection cut into the surface of a wall or pedestal mounted or or projecting not more than two inches freestanding 5. Directional, warning or informational signs required n/a n/a Yes by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Incidental accessory signs and placards (e.g., Window or 3 sq. ft. No open/closed signs, six signs maximum per building- aggregate premises) mounted 7. Temporary decorations clearly incidental and n/a n/a Yes customary and commonly associated with any national, local or religious holiday, provided such signs are erected no earlier than forty-five days from the applicable holiday and removed within twenty-one days after the applicable holiday. 8. Sculptures, fountains, mosaics and design n/a n/a Yes features which do not incorporate advertising or premise identification 9. Property signs (e.g., "No Trespassing," "No Building- 3 sq. ft. Yes Parking," etc.), informational/directional signs mounted or (e.g., "Restrooms," "Exit," etc.) and warning signs freestanding (e.g., "High Voltage") 510 10. Vehicular directional signs used to identify street Building- 3 sq. ft. Yes entrances and exits, maximum three feet if mounted or freestanding freestanding 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ ft/ No 13. Within commercial districts, chalkboards or small Building- 3 sq. ft. Indirect placards (e.g., restaurant menu boards) mounted only 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and nonprofit public information signs Freestanding No for public, quasi -public, and nonprofit uses on public or private property, adjacent to an Arterial n/a thoroughfare. Number, shape, location and height of signs shall be approved by the director of community development and public works 16. Within commercial zones, temporary Window- No one No information window signs fronting on a street, mounted window parking lot or common on -site area, not covering sign shall more than 25% of the area of the window(s) exceed 4' within which they are placed for a period not to high or 8' exceed 14 days nor more than 6 times per long (32 calendar year. No more than 3 signs per elevation sq. ft.) with windows may be installed at any one time 17. Within residential zones, temporary decorative Building- 7 sq. ft. No flags clearly incidental which may or may not be mounted associated with any national, local or religious holiday 18. Temporary for sale, lease, open house, or rent Freestanding 6 sq. ft., 4 No signs located on the subject property. One sign feet high. per street frontage. Aggregate not to exceed 12 sq. ft. 19. Temporary for sale, lease, open house, or rent Freestanding 12 sq. ft. No signs located on commercial/ten acre residential 6 ft high. parcels in one ownership. One sign per street Aggregate frontage not to exceed 24 sq. ft. Signs in residential districts requiring a permit See Section 9.160.040 Signs in nonresidential districts requiring a permit See Section 9.160.050 Temporary and semipermanent signs See Sections 9.160.060 and 9.160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text or design change is made. 501 EXHIBIT B 9.160.060 Permitted temporary signs. A. Definition. "Temporary sign" means any nonilluminated sign which may require a sign permit and which is intended to be posted for a maximum of sixty forty-five (45) days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than sixty forty-five (45) consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty. F. Placement Restrictions. Temporary signs shall not be posted within the public right-of-way, or on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs or traffic signs or signals. Temporary signs shall not be posted within the public right-of-way and shall not be located be pasted ne closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the community development department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the community development department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the community development department's receipt of a temporary sign permit application, the community development director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has 503 been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefore, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefore fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. I. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed thirty days. The signs shall be nonilluminated and its size shall not exceed thirty-two square feet. 504 ATTACHMENT 1 MEMORANDUM TO: Les Johnson FROM: City Attorney DATE: May 10, 2008 FILE NO.: 015610-0002 RE: First Amendment Limitations on Removal of Campaign Signs I. INTRODUCTION AND BACKGROUND The City of La Quinta (the "City") regulates the placement, appearance, and permitting of signs in La Quinta Municipal Code ("LQMC") Chapter 9.160 (the "Sign Code"). You have asked our office whether the City may adopt a text amendment to the Sign Code to eliminate the 5-day notice period prior to the abatement and removal of non -compliant temporary signs. You have asked us to address whether such a text amendment may apply to only campaign signs, signs on private property, and/or signs on public property. Relevant portions of the Sign Code are discussed below. Among other purposes, the Sign Code attempts to: (1) preserve and improve the appearance of the city as a place to live, work and visit; and (2) reduce traffic hazards and promote the public health, safety and welfare by minimizing visual competition among signs. (LQMC § 9.160.010, subd. (B) and (F).) Campaign signs are included within the Sign Code definition of temporary signs, which may only be posted for a maximum of sixty days and must be removed within seven days after an election. (Id. § 9.160.060, subd. (A)-(B).) In addition to time limits, the Sign Code contains area, height, number, and location restrictions for temporary signs. (Id. § 9.160.060, subd. (C)-(F).) If a campaign organization proposes to post more than five temporary signs on public or private property, it must obtain a sign permit and pay a refundable deposit to insure the removal of signs upon the expiration of the posting time. (Id. § 9.160.060, subd. (G).) Permit standards of approval are listed in LQMC Section 9.160.060, subdivision (G)(2)(a). Particularly pertinent to this memorandum, LQMC Section 9.160.060, subdivision (H) governs the maintenance and removal of temporary signs. As to temporary signs on public property: "If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice." (LQMC § 9.160.060, subd. (H)(2), emphasis added.) As to temporary signs on private property, if the sign is unsafe, a menace or in violation of the Sign Code, the City must give written notice or post a notice on or adjacent to the temporary sign. If the owner or person responsible for the sign fails to comply with the notice within five days, the temporary sign "shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city." (Id. 595 Les Johnson May 10, 2008 Page 2 § 9.160.060, subd. (H)(3), emphasis added.) The sign storage, hearing and release provisions of LQMC Section 9.160.120, subdivision (E) likely apply to removed temporary signs. II. SHORT ANSWER Campaign Signs Only: The City should not treat campaign signs differently from other temporary signs. To do so would be a content -based speech restriction subject to strict scrutiny. Therefore, the City Attorney does not recommend any Sign Code text amendment that treats political signs differently than other temporary signs. Disparate treatment (treating political signs differently) would fail the "strict scrutiny test" because such treatment is not necessary to achieve a compelling government interest and is not narrowly tailored to advance the Sign Code's aesthetic and traffic goals. Private Property: Unless an immediate threat of harm exists, the City may not summarily remove temporary signs on private property without notice and the opportunity for at least an informal hearing. In limited cases, such as emergencies where there is an "immediate threat of harm", the notice and hearing may occur after removal. Generally and practically speaking, an "emergency" is unlikely to exist. If one does exist, it should be well - documented prior to removal. Otherwise, because campaign signs are only valuable for a limited period of time, pre -removal notice is necessary. If the City chooses to amend the Sign Code to allow the summary removal of signs causing an "immediate threat of harm" then very specific findings will be necessary, and written findings justifying removal should be prepared prior to removal. The City should understand that in many instances there is unlikely to be sufficient evidence to support summary removal. Public Property: The Sign Code currently provides for summary removal of temporary signs on public property. In some applications, this current provision may be unconstitutional and could be subject to legal challenge. Where a sign is posted in attempted but failed compliance with the Sign Code, summary removal may not be appropriate. In any case, notice and a hearing should be provided either pre- or post -removal. III. DISCUSSION A. Summary Removal of Only Campaign Signs is Unconstitutional Reasonable time, place, and manner restrictions on protected speech "are valid provided that they are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information." (Clark v. Communityfor Creative Non -violence (1984) 468 U.S. 288, 293, emphasis added.) In contrast, "content -based regulations are presumptively unconstitutional ... [they] pass constitutional muster only if they are the least restrictive means to further a compelling interest." (Foti v. City of Menlo Park 596 Les Johnson May 10, 2008 Page 3 (1998) 146 F.3d 629, 637.) A speech restriction is content neutral if it is "justified without reference to the content of the regulated speech." (Id. at 638; quoting Clark, 468 U.S. at 293.) The City's aesthetic and traffic safety goals are substantial interests but not necessarily compelling interests depending on the given circumstances. (Foti, 146 F.3d at 637; see also Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent (1984) 466 U.S. 789, 805-07.) Thus, if campaign sign regulations are challenged, a court will not necessarily give great weight to the City's asserted interests. A Sign Code amendment providing for summary removal of only campaign signs would result in unconstitutional content discrimination. In Members of the City Council ofthe City of Los Angeles v. Taxpayers for Vincent, the Court rejected plaintiffs' argument that Los Angeles should create an exception to its general ban on temporary signs on public property. The Court reasoned that "to create an exception for ... political speech and not ... other types of speech might create a risk of engaging in constitutionally forbidden content discrimination." (Vincent, 466 U.S. at 816.) Similarly, a Sign Code amendment permitting the summary removal of campaign signs but not other temporary signs would result in content discrimination: signs would be subject to different enforcement regulations based solely on their content. Furthermore, the Court in Vincent upheld Los Angeles' general sign ban because it was the medium of expression —temporary signs —that had the adverse impact on the governmental interest in aesthetics and safety, not the content of the signs. (Id. at 810; see also Gonzales v. Superior Court (1986) 180 Cal.App.3d 1116, 1124 [city ordinance impermissibly prohibited noncommercial signs while permitting commercial signs].) Likewise, it is the temporary sign medium, and not individual campaign signs' content, that justifies the City's temporary sign regulations. An enforcement exception based on content (i.e. campaign versus other signs) is not the least restrictive means to achieving the City's aesthetic and traffic goals. It is important to note that a City official personally and/or the City may be liable for a civil rights violation under United States Code, title 42, section 1983.1 "To establish personal liability of a public officer in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right [including First Amendment rights]." (Kentucky v. Graham (1985) 473 U.S. 159, 166; see also Jones v. Williams (9`n Cir. 2002) 297 F.3d 930, 934.) "A showing of personal participation in the alleged rights deprivation" is enough. (Jones, 297 F.3d at 934.) Nonetheless, a defendant in a personal liability action may "be able to assert personal immunity defenses, such as objectively reasonable reliance on existing law." (Kentucky, 473 U.S. at 166-67.) In contrast, in an official capacity suit where the City ultimately is defending the action, a public entity's "`policy or custom' must have played a part in the violation of federal law," and reasonable reliance is not a valid defense. (Ibid.) A City official who removes a temporary sign has potentially participated in the deprivation of a federal right, especially when unconstitutional content discrimination occurs. 1 This paragraph is applicable to the following sections of the memorandum as well. 507 Les Johnson May 10, 2008 Page 4 B. Summary Removal of Temporary Signs on Private Property is Generally Prohibited Absent an immediate threat to public health or safety, pre -removal notice (including the reason for the removal) and at least an informal opportunity to respond are required before the removal of temporary signs on private property. Accordingly, the City may not eliminate the five-day notice period for non -compliant temporary signs on private property.z Three main cases govern the proper procedure for sign removal in California. They are discussed in chronological order. In Baldwin v. Redwood City (9" Cir. 1976) 540 F.2d 1360, Redwood City's sign ordinance provided that "the building inspector may summarily, without notice, remove any temporary sign which is erected, placed or maintained in violation of this article." (Id. at 1363, fn. 2.) In striking down the summary removal provision, the court recognized that "summary seizure of a political sign for even a few days can deprive the sign's owner of an important First Amendment liberty interest. During a campaign, time is especially valuable." (Baldwin, 540 F.2d at 1374.) The Baldwin court provided concise directions for municipal abatement of illegal signs: We do not hold that a prior adversary hearing and expedited judicial review are necessary to prevent the improper removal of political signs. If a city official believes that a sign posted on private property is illegal and there is no threat of immediate harm, he should attempt to notify the sign's owner. If the owner of an allegedly illegal sign cannot be found within a reasonable time, the sign may be deemed to be abandoned.... If the owner of an allegedly illegal sign can be located, the interests at stake may be reasonably accommodated if the city official gives notice of his intention to remove the sign with a brief statement of the official's reason for believing the sign is illegal so the owner may make an informal response or correct the problem. (Id at 1374, emphasis added.) After an election, campaign signs may be treated as abandoned and summarily removed. (1d. at 1374-75.)3 The California Supreme Court reached similar conclusions in Kash Enterprises, Inc. v. City of Los Angeles (1977) 19 Cal.3d 294. Though Kash dealt with the City of Los Angeles' summary removal of newsracks, the First Amendment principles are the same. The challenged Z However, a shorter time period than five days may provide the requisite notice. 3 As applicable to the public property section below, Baldwin's application may be limited because it only discusses summary removal of signs on private property. Redwood City's ordinance banned all temporary signs on public property and that ban was not challenged. 508 Les Johnson May 10, 2008 Page 5 Los Angeles ordinance permitted the summary removal of newsracks that violated the ordinance requirements without prior notice to newsrack owners. Though the ordinance provided newsrack owners with post -removal notice, the ordinance did not allow for a hearing on the merits of the seizure. The Kash court discussed both Fourteenth and First Amendment due process concerns. Under Fourteenth Amendment procedural due process, the deprivation of property requires notice and a hearing. (Kash, 19 Cal.3d at 307.) While the Constitution generally requires pre - deprivation notice and a hearing, "in particular circumstances important governmental interests may justify the postponement of notice and hearing until after the initial `taking' has occurred." (Ibid) As examples, the court listed cases discussing the seizure of a vessel used to smuggle drugs, the seizure of contaminated food, and the seizure of misbranded drugs. (Ibid.) Unless there is an "immediate threat" to traffic or pedestrians of similar significance and time -sensitivity as drug smuggling and food contamination, a non -compliant sign likely does not provoke the same type of important interests justifying post -deprivation notice. In Kash, the court held that the ordinance was unconstitutional because it failed to provide a hearing on the merits of the taking either before or after the taking. (Id. at 309.) Turning to the First Amendment, the court stated that "although the First Amendment does not immunize newsracks [or campaign signs] from immediate, pre -notice seizure in all circumstances, the Constitution does require that any such summary seizure procedure be narrowly drafted so as to minimize interference with First Amendment rights." (Kash, 19 Ca1.3d at 309, emphasis added.) Subsequent recovery of a newsrack "will invariably come too late to avoid the total suppression of the newsworthy contents of the seized papers." (Id. at 310.) Similarly, depending on the date of seizure, recovery of campaign signs could come too late to benefit a candidate for office. Importantly, although Los Angeles attempted to justify its summary seizure procedures as necessary to eliminate hazards, the ordinance did not "limit its removal sanction to violations which actually create hazards for pedestrians or motor vehicles or which otherwise interfere with the safe use of public streets or sidewalks." (Id. at 312.) Absent an "immediate threat of harm," the City likely cannot justify post -deprivation notice. It is worth noting that making findings constituting an "immediate threat" is likely to be difficult in most cases. This is a high standard (see the previous paragraph). Further, such findings would have to be specific as to each sign proposed to be removed. In the end, the Kash court held that Los Angeles had three valid enforcement mechanisms: (1) the "immediate seizure, without prior notice or hearing, of any newsrack [or campaign sign] that poses [an immediate] danger to pedestrians or vehicles";° (2) when no See also Gluck v. County of Los Angeles (1979) 93 Ca1.App.3d 121, 135-36. Although its ordinance's impound procedures were held to be unconstitutional, the county retained power to "remove a dangerous [news]rack from the streets if the danger cannot be otherwise corrected and 501 Les Johnson May 10, 2008 Page 6 danger is present, seizure is appropriate after the owner of an offending newsrack "has been notified of the imminent seizure and has been given a reasonable opportunity either to cure the violation or to contest the seizure in an informal administrative forum'; and (3) the city could impose fines and other sanctions to encourage newsrack or campaign sign owners to obey the city's reasonable time, place and manner restrictions. (Kash, 19 Cal.3d at 313.) The City may choose any of the same procedures to enforce its sign ordinance. What the City may not do is summarily seize non -immediate danger signs on private property without any notice or determination of the immediacy and severity of the threat to public safety. Finally, Gonzales v. City of Santa Paula (1986) 180 Cal.App.3d 1116 considered an ordinance that permitted the summary removal of temporary signs, including campaign signs, with post -deprivation notice and hearing. The ordinance in question was held to be constitutionally defective, in part, because "no prior notice of violation is required before confiscation transpires. Lack of prior notice is a violation of due process." (Id. at 1124; citing Baldwin, 540 F.2d at 1373-74.) The court reasoned as follows: The ordinance provides for summary seizure of one's property without prior notice of hearing if, in the opinion of the City officials, the signs violate the ordinance. Summary seizure of signs, even for a few days, can deprive the sign's owner of an important First Amendment liberty interest, especially during election periods. [Citation.] [¶] The due process clauses of both the state and federal Constitutions require some form of notice, and perhaps a hearing, before one is deprived of his property, unless an imminent danger to persons or property exists. [Citation.] [¶] The Santa Paula ordinance is constitutionally deficient on its face in that it fails to require even an attempt to notify sign owners of an imminent taking of their property. [Citation.] (Id. at 1128-29, emphasis added.) If the City's Sign Code were amended to permit the summary seizure of any improper sign on private property, the City would violate the Baldwin line of cases. Therefore, the City may not amend the Sign Code to permit the summary removal of private property signs in all circumstances. Nevertheless, the City may amend the Sign Code to permit the summary removal of dangerous signs upon a well -documented "immediate threat of harm" finding. C. Summary Removal of Temporary Signs on Public Property The Sign Code currently permits the summary removal of temporary signs on public property for Sign Code violations. (LQMC § 9.160.060, subd. (H)(2).) Although that section does not explicitly provide for a post -removal hearing, the hearing provisions of LQMC Section provided it affords a quick and reasonable opportunity to the licensee or owner to obtain the rack's return." (Ibid.) 510 Les Johnson May 10, 2008 Page 7 9.160.120, subdivision (E)(1)(b) do. Thus, the question is whether pre -removal notice is required for signs on public property the same as for signs on private property. The answer is unclear, but the City likely has greater leeway to remove improper signs on public property.5 In Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent, the court upheld Los Angeles' complete ban on posting signs on public property. The ban included the removal provision: "Any hand -bill or sign found posted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed ..." (Vincent, 466 U.S. at 792, fn. 2.) However, the removal provision was not at issue before the Supreme Court.6 The Vincent court further stated that, "at some point, the government's relationship to things under its dominion and control is virtually identical to a private owner's property interest in the same kinds of things, and us such circumstances, the State, `no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated." (Vincent, 466 U.S. at 815, fn. 2; quoting Adderley v. Florida (1966) 385 U.S. 39, 47.) By analogy, just as a private property owner can summarily remove a sign. impermissibly posted on his or her property, the City may be allowed to summarily remove illegal signs on its property. The issue is complicated, however, because the Sign Code explicitly permits signs on public property. Because the City has opened public property as a limited forum for temporary signs, pre -removal notice may be appropriate where an individual has obtained a permit and attempted but failed to comply with the Sign Code (e.g. someone has obtained a permit but placed his/her sign too close to the sidewalk). In such a case, a court could find the Sign Code unconstitutional as -applied to a particular sign removed without notice. Thus, the City should only summarily remove temporary signs on public property that are egregiously and obviously illegal, or which constitute an immediate threat of harm. By way of example, the Vincent court stated that the "appellees could not seriously claim the right to attach `Taxpayers for Vincent' bumper stickers to city -owned automobiles." (Vincent, 466 U.S. at 815, fn. 2.) Accordingly, the 5 Of course, as with private property, temporary signs on public property may be summarily removed if they create an "immediate threat of harm." In such circumstances, evidence of such threat of harm should be documented. 6 In upholding the ban, the Court rejected the plaintiffs public forum argument. The plaintiffs "fail[ed] to demonstrate the existence of a traditional right of access respecting such items as utility poles for purposes of their communication." (Vincent, 466 U.S. at 814.) In this case, by permitting temporary signs on public property under certain circumstances, the City has created a limited public forum. While restrictions on speech in public forums are held to strict scrutiny, restrictions on speech in limited public forums or non-public forums are only held to a reasonableness standard. (See, e.g., Hopper v. City of Pasco (9th Cir. 2001) 241 F.3d 1067, 1074-75.) "Restrictions that are viewpoint neutral and reasonable in light of the purpose served by [a limited public] forum are permissible." (1d. at 1075; quoting Rosenberger v. Rector & Visitors ofthe Univ. of Virginia (1995) 515 U.S. 819, 829.) 511 KV IAiM ATTORNEYS AT LAW mucan a Tucker, LLP 611 aeon Slyd, Sub HOD Po 6o: 1s50 C*WaA"MCA 928MI950 OQ641d100 FU(714)5464= ~ Mon am PALOILL.TO (050)320-150D A PARTWJMF iNCLUD0IS PROFE0SMM CORPORATION$ MEMORANDUM TO: Les Johnson FROM: City Attorney DATE: June 11, 2008 FILE NO.: 015610-0002 RE: First Amendment Limitations on Removal of Campaign Signs I. INTRODUCTION The City of La Quinta (the "City") regulates the placement, appearance, and permitting of signs in La Quinta Municipal Code ("LQMC") Chapter 9.160 (the "Sign Code"). Our office previously provided a memorandum to the City addressing whether the City may eliminate the 5- day notice period prior to the removal of non -compliant temporary signs, and whether summary removal provisions may apply solely to campaign signs, signs on private property, and/or signs on public property.) The background information and legal analysis included in our previous memorandum is not repeated herein. As a follow up to the previous memorandum, the City Council requested additional mmarch and analysis on these two questions: 1. May the City prohibit all temporary signs in the public right-of-way with an exception for directional signs? We understand that "directional signs are defined to include signage related to particular events, such as the La Quinta Art Festival and open houses? Our prior memorandum concluded: (1) unless an immediate threat of harm exists, the City may not summarily remove temporary signs on private property without notice and the opportunity for at least an informal hearing; (2) where a sign is posted on public property in attempted but failed compliance with the Sign Code, summary removal may not be appropriate; and (3) the City should not treat campaign signs differently from other temporary signs. z Note that LQMC § 9.160.130 currently defines "directional sign" as "any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on [he properly to which or on which the public is directed. Such a sign contains no advertising copy." (Emphasis added.) The section lists as examples one-way, entrance, exit, parking in rear, 15 wiles per hour, and no left turn signs. To accommodate open house and art festival signs, the definition of "directional sign' in the Municipal Code would need to be revised to include off - site event directions. 512 Les Johnson June l 1, 2008 Page 2 2. May the City increase the fine for temporary signs placed on private property in violation of the Sign Code? The purpose of an increased fine is to deter the posting of non- compliant signs on or about election day when the 5-day notice period for removal would allow a candidate to receive the benefit of a non -compliant sign prior to its removal. 11. SHORT ANSWER I . Content -based exceptions to a complete ban on temporary signs in the public right-of-way are subject to "strict scrutiny" review. A regulation only survives strict scrutiny if it is (1) the least restrictive means possible (2) to advance a compelling government interest. In order to meet this threshold, there must be actual evidence in the record to support the governmental interest and the evidence cannot be "hypothetical." Because it is the medium and location of temporary signs, rather than their content, that results in the City's traffic and aesthetic concerns, it is unlikely that a content -based exception (e.g. for open house and art festival signs) would be upheld under strict scrutiny analysis. However, several courts have concluded that speaker and event -based exceptions are not content -based exceptions and are not subject to strict scrutiny review. Thus, a carefully crafted ordinance banning temporary signs excepting directional signs might survive constitutional review depending on how the ordinance isapplied in particular circumstances; however, it bears mentioning that any differentiation between temporary signs risks litigation, the outcome of which cannot be predicted. 2. An increased fee is permissible, but fee imposition may generate enforcement problems. Also, any increase in fees must not be so great as to chill or otherwise act as a deterrent to the exercise of free speech. Case law does not provide a specific range of permissible fines. Therefore, the City should cautiously balance the deterrence of non -compliant signs against the deterrence of the exercise of free speech. If fees are increased, any ordinance doing so should make findings on the reasonableness of the fee increase. M. DISCUSSION A. Directional Sign Exceptions To A Total Ban On Temporary Signs The City is considering a ban on temporary signs in the public right-of-way with exceptions for directional signs such as open house signs. A complete ban (i.e., a ban without any exception) on temporary signs in the public right-of-way will survive a constitutional challenge if it is a content -neutral time, place, and manner restriction designed to promote the City's traffic, safety, and aesthetic goals. (See, e.g., Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent (1984) 466 U.S. 789, 815.) However, if a sign must be read to determine if an exception applies, the exception, and therefore the entire ban, is content - based and would be subject to strict scrutiny. (Foci v. City of Menlo Park (1998) 146 F.3d 629, 636; see also Vincent, 466 U.S. at 816.) Under the City's proposed ban, a sign placed in the public right-of-way reading "Open House" would be permissible, but a sign of the exact same 513 Les Johnson Junell,2008 Page 3 size, shape, color, and location reading "Vote for Candidate X" would be impermissible. Thus, the proposed ban is content -based. "Content -based regulations are presumptively unconstitutional ... [they] Pass constitutional muster only if they are the least restrictive means to further a compelling interest." (Foti, 146 F.3d at 637 (emph. supp.).) Moreover, while a complete ban on temporary signs may be justified by traffic, safety, and aesthetic concerns (see, e.g., id at 637 fn. 8), exceptions to an outright ban on temporary signs "may complelely undercut any purported interests in aesthetics and safety." (Gonzales v. Superior Court (1986)180 Cal.App.3d 1116, 1126, emphasis added.) In simple terms, if a total ban contains an exception, the exception will be evidence that the asserted "compelling governmental interest" is a pretense. In Vincent, the Los Angeles Municipal Code prohibited the posting of signs on public property for aesthetic and safety concerns. The prohibition extended to all types of signs, except for certain permanent, historical or cultural plaques in sidewalks. The United States Supreme Court found that the ordinance was content -neutral despite the exception for plaques. Although the plaintiffs argued that the City of Los Angeles should have made an additional exception for political campaign signs, the Court stated: "To create an exception for appellees' political speech and -not ... other types of speech might create a risk of engaging in consiftutionaMyforblAft content discrimination." (Vincent, 466 U.S. at 816, emphasis added.) The Court's reasoning applies equally well to the converse situation: prohibiting all political signs but allowing an exception for open house and other such temporary signs would also result in content discrimination. Importantly, in Vincent, it was the medium of expression, not the content, that had the adverse impact on the govertunwtal interest in aesthetics and safety and justified the complete ban on temporary signs. (Id at 810.) Additionally, Vincent held that "[a]ny constitutionally mandated exception to the City's total prohibition against temporary signs on public,property would necessarily rest on a judicial determination that the City's traffic control and safety interest had little or no applicability within the excepted category, and that the City's interests in aesthetics are not sufficiently important to justify the prohibition in that category." (Vincent, 466 U.S. at 816.) By analogy, any constitutionally permissible content -based exception would necessarily require "a judicial determination that the City's traffic control and safety interest had little or no applicability within the excepted category." (Ibid.) Again, because it is the sign's content —not its size, shape, color, and location —that results in an exception, such a judicial determination is unlikely. In Fod v. City of Menlo Park (1998) 146 F.3d 629, the Ninth Circuit considered an ordinance banning signs on public property but excepting, for example, open house teal estate signs. The court stated: "At first blush, Menlo Park's ordinance appears to be content -neutral; after all, it bans all signs on all public property. But when 'exceptions to the restriction on noncommercial signs are based on content, the restriction itself is based on content."' (Foti,146 F.3d at 636, italics original; quoting National Advertising Co. v. City of Orange (90' Cir. 1988) 514 Les Johnson June 11, 2008 Page 4 861 F.2d 246, 249.) The City's proposed exception for open house signs is particularly precarious considering that the Fod court specifically held that an exemption for open house real estate signs is content -based because "a law enforcement officer must read a sign's message to determine if the sign is exempted from the ordinance." (Ibid. ) Similarly, Gonzales v. Superior Court (1986)180 Cal.App.3d 1116, the court held that "by permitting the display of certain noncommercial signs while prohibiting others, the City has 'opened the forum' and cannot rely on such justifications as aesthetics and traffic safety to restrict vital noncommercial speech." (Id at 1124.) Exceptions to an outright ban on temporary signs "may completely undercut any purported interests in aesthetics and safety." (Id. at 1126 (emph. supp.).) Specifically as to aesthetics, "f i]t is not self-evident that a partial ban on temporary signs has such a positive impact on aesthetics to warrant the restriction on the right of fine expression of ideas" (lbid ) Nevertheless, exceptions to a temporary ban that are based on non -content oriented criteria may be permissible if they are justified exceptions to the City's traffic, safety, and aesthetic goals. For instance, the City could ban temporary signs by street size or type (e.g. arterial or highway) where a portion of the public right-of-way merits particular aesthetic or safety consideration. Also, the City may be able to create an exception for temporary directional signs whMn a certain distance from an event, based on the justification that directional signs near an event may aid the flow of traffic and prevent sudden lane changes or turns. (See, e.g., Foil,146 F.3d at 637 (City's "compelling interest in traffic signs" may permit an exception to temporary sign ban].) That said, any content -based exception will be subject to strict scrutiny and potential legal challenge. Furthermore, speaker -based and event -based exemptions from a sign ban may be permissible so long as the exemptions are not based on content but rather the existence of a particular speaker (e.g. railroads, hospitals, public safety) or an event (e.g. real estate sale or garage sale). (G.K Ltd. Travel v. City of Lake Oswego (2006) 436 F.3d 1064, 1078.) If the City were to allow event -based exceptions, note that the City would have to carefully tailor the definition of "event" not to be a de facto content -based speech restriction. Also, it is important to note that in the GK Ltd Travel case, though the exemption survived constitutional scrutiny as event -based rather than content -based, the exemption in that case allowed for political signs: "Such exemptions indicate the City's recognition that during certain times, more speech is demanded by the citizenry because of the event (e.g. a real estate transaction or election) but the City does not limit the substance of this speech in any way." (Id at 1077-78 (emph. supp.).) 3 But see ACLU v. City of Las Vegas (9th Cir. 2006) 466 F.3d 784, 796 fn. 12 (recognizing a degree of ambiguity in the "officer must read it" test, and stating that `officers having to read a sign is persuasive but not dispositive evidence of a content -based purpose"). 515 Les Johnson June l 1, 2008 Page 5 Thus, while a directional sign exemption may be carefully crafted to survive constitutional scrutiny as event -based, elections and political signs would likely fall within the event exemption. Even if political signs were permissibly excluded, candidates could simply post signs directing people to the candidate's campaign place or to a polling place. Overall, a temporary sign ban with exemptions is likely to be held to be a content -based regulation subject to (and likely to fail) strict scrutiny review. B. Increased Fines For Non -Compliant Temporary Signs Increased fines for non -compliant temporary signs on private property will withstand constitutional scrutiny so long as the increased fines do not have an impermissible chilling effect on speech. Chilling occurs when an individual "self -censors." For example, in Polykoff v. Collins Oh Cir. 1997) 816 F.2d 1326, the court recognized that "the existence of the high felony fine provisions has the incidental effect of inhibiting first amendment rights" (Id at 1340 [obscenity speech context).) When evaluating whether a chilling inhibition of First Amendment rights is unconstitutional, courts apply a balancing test: "Where a statute does not directly abridge free speech, but —while regulating a subject within the State's power ends to have the incidental effect of inhibiting First Amendment rights, it is well settled that the statute can be upheld tf the effect on speech is minor In relation to the need for control of the conduct and the lack of alternative means for doing so." (Younger v. Harris (1971) 401 U.S. 37, 52, emphasis added.) Deterrence, or "the need for control of the conduct", of dangerous or ugly signage is a legitimate public interest goal. Therefore, increased fines may be appropriate. Overall, the City may increase its fine provisions but the fines must remain commensurate with the City's aesthetic and traffic safety goals and findings should be made to reflect this. For instance, a fee equivalent to clean-up costs (or three times clean-up costs) may be minor compared with the City's interest in preventing traffic accidents and maintaining the City five from ugly clutter. However, a thousand dollar fine per sign may impermissibly chill speech: the threat of accidentally posting a non -compliant sign could keep people from posting acceptable signs. The City should evaluate a fair "cost" to the City for dangerous and non - aesthetically pleasing signs before increasing any non -compliant sign fees. IV. CONCLUSION The City should be very careful if it decides to adopt an ordinance banning all temporary signs but excepting directional signs. In contrast, the City has solid justification for deterring non -City Code compliant conduct by issuing reasonable fines. One issue to be considered, however, is enforceability. Temporary signs by their very nature can be posted and/or moved by anyone. An unknown representative of a candidate could move the opposition's signs into non- compliant positions, or an unknown campaign supporter could accidentally or unknowingly place signs in non -compliant positions. The City should carefully consider how it would fairly enforce any sign ordinance it adopts. 516 ATTACHMENT 2 City Council Minutes 7 March 3, 2009 was moved by Council Members Kirk/Franklin to 1) act Ilfor e Creative to prepare a City of La Quinta Marketing an for 2009/2010; 2) direct the City Manager to negotiate contract m for professional marketing services; and 3) pro de the City cretion to terminate negotiations with Furino/Gr ene Creative if nare unsuccessful and to then nego 'ate with Kiner Ci s for professional marketing services. Council Member iff stated now is not the time take uncertain risks due to the uncertain eco omy. He cannot support a selection of Furino/Greene Creative as there is epeecl to be adventurods and cautious simultaneously; and stated Kiner Commulnication has proviwh performance over the years. Council Member Kirk conve d a reciation for Council Member Sniff's concerns, but stated going with ther firm is not inherently risky. He feels Kiner Communicati/took \oodjob r the City over the past 10 years; he does not something else, but rather freshness and enerels it is time for a change. He stated it is not bproposal once in a while and try to save money fergetic job of positioning the City in the marketpl Council Membe Sniff noted Council Member Kirk ntioned the word risk initially. Motion c9fried by a vote of 3-2, Mayor Adolph and CounclkMember Sniff Council recessed the meeting at 5:26 p.m. City Council STUDY SESSION 5.34 p.m. 1. DISCUSSION OF LA QUINTA MUNICIPAL CODE SECTION 9.160.060 — PERMITTED TEMPORARY SIGNS. Planning Director Johnson presented the staff report. Council Member Kirk noted when this matter was discussed in July 2008, there was some concern about making a change during the election, which prompted the City Council to request staff to bring it back at this time. He stated during the last election period political signs did not look well in the 517 City Council Minutes 8 March 3, 2009 community; and stated he is impressed that the City of Indian Wells keeps temporary signs out of the public right-of-way. He expressed disdain about viewing unlawful signs for a period of time; and stated he prefers no temporary signs be allowed in the public right-of-way and to enable them on private property only to keep the streets clean. Council Member Henderson stated temporary signs are generally requested for special events, and voiced concern about instituting a regulation that does not distinguish between political and special event signs. She noted the City will be implementing a sign program for the Village area that will allow banners; and asked if the City can allow event signs and not political signs. City Attorney Jenson stated she has not looked into the matter, but the difference of speech based on content is problematic. Council Member Kirk noted the City of Indian Wells seems to get away with allowing directional signs for the Tennis Tournament. In response to Council Member Henderson, City Attorney Jenson confirmed directional signs are exempt. Council Member Henderson asked if the Bob Hope Chrysler Classic banners are considered temporary signs. Council Member Franklin stated candidates running for election the first time are at a disadvantage. She suggested establishing a more -stringent permit process to enable staff to monitor the number of signs displayed, and allow them 30 to 45 days before election instead of 60 days. City Attorney Jenson confirmed the City can change the display time period. She then read the definition for directional signs, which indicates no advertising. Planning Director Johnson stated event directional signs include an arrow and are placed on Washington Street and Highway 111 to direct visitors to the event; the signs do not include the La Quinta Arts Festival verbiage. He stated there is a provision to allow more than 50 signs throughout the community by utilizing the permit, and explained the exemption for not -for -profit organizations. In response to Council Member Henderson, Planning Director Johnson further explained the number of signs submitted by the La Quints Arts Foundation event was not the issue, but rather the size of the signs. Council Member Kirk stated there is a lot of cheating in placing signs during election season, and enforcement is a challenge because of political issues. He suggested the following: change the process, timeframe, or more stringent enforcement; eliminate signs on public property and allow them on 518 City Council Minutes 9 March 3, 2009 private property; direct staff to be creative in banning temporary signs in the public right-of-way; and allow important directional and other signs for special events. Council Member Henderson suggested changing the definition of a directional sign. City Attorney Jenson stated the challenge is regulating the verbiage content. Council Member Kirk suggested the City Attorney work with staff to find out if a way exists to achieve the objective of reducing clutter during the election cycle, eliminating the flagrant abuse of posting signs, and allowing major events to advertise. City Attorney Jenson addressed using directional signs for a City -sponsored event. Council Member Kirk stated other communities do it, and he would like to figure out a way for the City to do it if possible. Mayor Adolph stated the issue is what can we do to eliminate the proliferation of signs during elections. City Attorney Jenson stated the City can prohibit all temporary signs in the right-of-way, but have an exemption for directional signs that direct traffic to a City -sponsored event. Council Member Henderson suggested staff bring this item back with examples to make a determination. Council Member Franklin commented on the need for the language to be clear. City Manager Genovese confirmed the City Council's consensus for staff to work on this matter further. Council Member Sniff stated there are valid reasons to support free speech and signs are a form of free speech. He agreed new candidates have a significant disadvantage against an incumbent. He stated he does not have a problem with political signs as long as they are placed according to what is allowed and removed during the time permitted; and stated he does not feel it is necessary to change the code at this time. Mayor Adolph stated the consensus is for staff to review this matter and bring it back for further discussion. 519 ATTACHMENT 3 Planning Commission Minutes April 14, 2009 There being no further questions, or public comment, Chairman Alderson closed the public hearing and opened the er for Commis discussion. There was no furthe iscus ' nod it was moved and seconded by Commissioners Barr I to approve Minute Motion 2009-005 recommendin proval of Sig pplication 2003-682, Amendment No. 1, a pting the proposed revis Al and A2 signs, and having the plicant comply with staffs reco ndatlon to reduce the signage area for the B1 sign to sixty-five feet. imously approved. D. Zoning Ordinance Amendment 2009-097; a request by staff for consideration of the following amendments to the La Quinta Municipal Code: 1. To restrict the placement of permitted temporary signs within the public right-of-way (9.160.60); 2. To reduce the maximum time period for permitted temporary signs from sixty (60) days to forty-five (45) (9.160.60); 3. To eliminate sign size restrictions for exempt directional and informational signs for public, quasi -public, and non- profits (9.160.020); 4. To revise Table 9-17 to change maximum sign size and height restrictions for exempt signs (9.160.020) Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of the staff, Chairman Alderson opened the public hearing and asked if there was any public comment. There being no questions, or public comment, Chairman Alderson closed the public participation hearing and opened the matter for Commission discussion. Chairman Alderson asked staff to clarify that the Commission was to review the proposed changes, provide feedback and comments, and recommend approval to City Council. 520 Planning Commission Minutes April 14, 2009 Planning Director Johnson explained there were multiple study sessions that led up to the proposed changes. There was a lot of general discussion between the Council members, but no clear, definitive direction was given. Staff followed Council's general comments to bring this information together and the document was open for the Commission's review, comments and recommendations. Chairman Alderson asked if the document provided by staff had Council's input in it. Planning Director Johnson replied it did have Council's input; however, it consisted of comments during the study session discussions. Commissioner Weber said he was pleased to see that staff was working on code revisions, he thought such updates were necessary, and contributed to the clean and overall appropriate appearance of the City of La Quinta and the standards the City would like to maintain. Chairman Alderson commented that signage was one of the most inexpensive and effective ways to obtain public recognition. He said other types of advertising, such as magazines, newspapers, TV, etc. were not as effective and were also very expensive. He noted taking away the political candidate's privilege to advertise through signage, would be taking away their most effective and affordable weapon. Chairman Alderson said he agreed that the display of political signs took away from the aesthetics of the City and he found that reducing the amount of days the signs could be displayed from sixty to forty- five would most definitely help with that problem. He noted he was in favor or prohibiting the display of signs in the public medians as it was dangerous for those trying to put up or take down the signs, but he was in opposition of prohibiting the display of political signs in the public right-of-way all together. There was no further discussion and it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2009-015 recommending approval of Zoning Ordinance Amendment 2009-097 as submitted. AYES: Commissioners Barrows, Quill, Weber, and Wilkinson. NOES: Chairman Alderson. ABSTAIN: None. ABSENT: None. 521 Twyl 4 4 Qum& COUNCIL/RDA MEETING DATE: May 5, 2009 ITEM TITLE: Public Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year 2009/2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2009/2010, pursuant to the Engineer's Report (Attachment 1). FISCAL IMPLICATIONS: Adoption of the Resolution is required in order to levy the annual assessment for the District. The estimated total cost for Fiscal Year 2009/2010 is $2,101,641 for maintenance of landscape and lighting, medians, and parkways within the public right-of-way. The estimated assessment levy for the landscape and lighting portion is $957,810. An estimated $238,500 will be collected from CSA 152 assessments for stormwater facilities bringing the total right-of-way deficit to $905,331. Park maintenance costs have been separated from the District costs within the Engineer's Report for the district. The parks maintenance cost is estimated to be an additional $1,536,604 for Fiscal Year 2009/2010 bringing the total deficit for right-of-way and parks maintenance to $2,441,935. Staff proposes that this amount be funded through a General Fund contribution of $2,441,935 in Fiscal Year 2009/2010. CHARTER CITY IMPLICATIONS: None. 522 BACKGROUND AND OVERVIEW: On April 21, 2009, the City Council adopted the following Resolutions: • Resolution No. 2009-030, approving the Preliminary Engineer's Report for Fiscal Year 2009/2010 in Connection with Landscape and Lighting Assessment District 89-1. • Resolution No. 2009-031, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1 . A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The April 21, 2009 Engineer's Report and parcel reconciliation, prepared by Willdan Financial, provided the preliminary information for the Landscape and Lighting District 89-1 for Fiscal Year 2009/2010. The final Engineer's Report and parcel reconciliation is attached. The Engineer's Report projects the following for Fiscal Year 2009/2010 in comparison to the Fiscal Year 2008/2009 Engineer's Report: FY 2008/2009 Citywide Benefit Zone Yes Number of Local Benefit Zones 6 Number of Equivalent Dwelling Units (EDU's) 26,345 EDU Rate $35.60/EDU District Revenue $937,855 FY 2009/2010 Yes 6 26,906 $ 35.60/EDU $957,810 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voters during the November 1996 election. 59-3 The estimated Fiscal Year 2009/2010 District exempt cost is $2,101,641. Based on this estimate, the citywide benefit assessment for right-of-way maintenance would be $78.11 /EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases without a city-wide property owner protest ballot after an engineer's report is prepared which establishes that special benefit is provided by the public improvements. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The purpose of this Public Meeting/Hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the Public Meeting/Hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2009/2010. On May 6, 2008, City Council approved a Professional Services Agreement (PSA) with Willdan Financial to complete Phase I: Feasibility Study and Benefit Analysis to form a Citywide Special Assessment District for parks under the provisions of the Landscaping and Lighting Act of 1972. It is anticipated that staff will present a Summary Technical Memorandum, prepared by Willdan Financial, that will outline a proposed district structure; estimated costs budget (both general and specific benefit costs); the method of apportionment; an estimate of the possible assessments; and related tables and diagrams for the Phase I work mentioned above in May or June 2009 to the City Council. Should the City Council receive testimony from the public through the end of the Public Meeting/Hearing that warrants a change to the assessment level, the City Council can lower only the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2009/2010. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2009/2010, pursuant to the Engineer's Report; or 524 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Meeting/Hearing. Should the City Council direct amendments to the Engineer's Report, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the June 2, 2009 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2009/2010, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2009/2010, requiring one or a combination of the following: • Supplement Fiscal Year 2009/2010 revenues with other fund sources, such as the General Fund; and/or • Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. nass n P.E. Public Works Direc or/City Engineer Approved for submission by: rz 1 �V!-7 414 Thomas P. Genovese, City Manager Attachment: 1 . Annual Levy Report 525 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2009/2010 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2009/2010. SECTION 2. The City Engineer filed an annual report on April 21, 2009, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2009/2010 and set a Public Meeting/Hearing date of May 5, 2009 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On May 5, 2009, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On May 5, 2009, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2009/2010. 526 Resolution No. 2009- Landscape and Lighting Assessment District 89-1 Adopted: May 5, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of May 2009, 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 527 ATTACHMENT 1 City of La Quinta ENGINEER'S ANNUAL LEVY REPORT Street Lighting and Landscape District No. 89-1 Fiscal Year 2009/2010 INTENT MEETING: April 21, 2009 PUBLIC HEARING: May 5, 2009 WI LLDAN Financial Services Q; S�crair enio CA y� wWw.wlUda'rr c e`rripfils,TN.' ,' 528 7 ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this -� s � ! day of Aprl 1 2009. Willdan Financial Services Assessment Engineer On Behalf of the City of La Quinta By:/A(& Adina Vazquez, Senior Projec n r District Administration Service By: tit Gr Richard Kopecky R. C. E. # 16742 C11CC C 16742 EXP G J'J,9T CfVt\-\FD ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO.89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was riled with me on the _ day of 2009 BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of 2009. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the _day of 2009. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California . 530 TABLE OF CONTENTS I. OVERVIEW.....................................................................................................................1 A. INTRODUCTION....................................................................................................................................1 B. HISTORICAL BACKGROUND AND LEGISLATION........................................................................................2 THE DISTRICT II. DESCRIPTION OF ................................................................................2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT............................................................. 2 B. IMPROVEMENTS WITHIN THE DISTRICT.................................................................................................. 2 3 III. METHOD OF APPORTIONMENT.............................................................................. A. GENERAL...........................................................................................................................................3 B. BENEFIT ANALYSIS..............................................................................................................................4 C. METHODOLOGY...................................................................................................................................5 IV. DISTRICT BUDGETS................................................................................................. 8 A. DESCRIPTION OF BUDGET ITEMS..........................................................................................................8 B. 2009/2010 DISTRICT BUDGET.............................................................................................................9 APPENDIX A - DISTRICT ASSESSMENT DIAGRAMS.....................................................12 APPENDIX B - 2009/2010 ASSESSMENT ROLL..............................................................13 /b 531 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 I. Overview A. Introduction The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act'), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2009/2010. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2009/2010 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2009/2010. Willdan Financial Services Page 1 532 City of La Quinta Fiscal Year 200912010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. Willdan financial Services Page 2 533 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office or the City Engineer and are by reference made a part of this report. III. Method of Apportionment A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. Willdan Financial Services Page 3 534 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well - maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well - maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. Willdan Financial Services Page 4 535 City of La Quinta Fiscal Year 200912010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime - an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. Methodology Pursuant to the 1972 Act, the costs of the District maybe apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to.the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential CSFR'j parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. Willean Financial Services Page 5 536 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 09-1 The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. EDU Factor 0.0 esidential Parcels E 1.0 er unit l Parcels 5.0 er acre; 1.0 minimum tial Parcels 0.33 er unit Vacant Non -Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. Financial Services 537 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non - Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. W7ildan Financial Services rage i - 538 Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2009/2010 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2009/2010 is the same rate assessed for Fiscal Year 2008/2009. The base assessment rate to be approved for Fiscal Year 2009/2010 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected assessment revenue of $957,810. The City proposes the remaining $2,680,435 be funded through a General Fund contribution of $2,441,935 and $238,500 of revenue from CSA 152. IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel- Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services - Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Willdan Financial Services Page 8 539 lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 200912010 is summarized on the next page in Table 1. City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 Uniform Rental Services - Reflects funds used for the purpose of uniform rental. Vehicle Operations - Includes the maintenance of fleet vehicles. Utilities - Includes the electric, telephone, and water services. Travel Training & Meetings - Reflects the funds used for the purposes of training and meetings. Information Technology- Includes computers, printers, and other related items and services. Operating Supplies - This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Operating Supplies and Software - This item reflects the costs of software programs. Small Tools/Equipment- Includes non -capital small tools and equipment. District Administration - The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. } B. 2009/2010 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2009/2010 is summarized on the next page in Table 1. Willdan Financial Services Pa0e 9... 540 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Table 1 Fiscal Year 2009/2010 Budget Expenditures Fundin Fiscal Year 2009110 L & L Assessments General Fund -Parks Personnel Salaries -Permanent Full Time $193,700 $82,800 $110,900 Other Benefits & Deductions 80,600 34.450 46,150 Stand By Stand By Overtime Overtime Total Personnel $274,300 $117,250 $157,050 Contract Services Annual Lighting & Landscape Report $15,000 $15,000 Civic Center Campus Lake Maintenance 5,000 5,000 Landscape Lighting Maintenance 184,470 150,470 34,000 Riverside County Tax Roll Admin Fee 17.500 17,500 Citywide Maintenance Contract 1,300,640 860,640 440,000 Maintenance/Repairrrrafnc Signals 125,500 102,500 23,000 Tree Trimming 83,500 71,500 12,000 Janitorial Services 28,000 28,000 Security Service -Cororation Yard 2,100 1,100 1,000 Total Contract Services $1,761,710 $1,218,710 $543,000 Rental Services Uniforms $1,200 $1,200 $0 Total Rental Services $1,200 $1,200 $0 Vehicle Operations Facilities Charges $413,394 $413,394 Fleet Maintenance 4,189 4,189 0 Total Vehicle Operations_ $417,583 $4189 $413,394 Utilities Electric $520,300 $391,300 $129,000 Phone 500 500 Water 323,750 167,200 156,550 Total Utilities $844,550 $558,500 $286,050 Travel Training & $1,950 $950 $1,OC Meetings Total Travel Training & Meetings $1,950 $950 $1,000 Information Computers Printers and Services $10,193 $4,956 $5,237 Technology Total Information Technology $10,193 $4,956 $5,237 Operating Supplies Plant Replacement $61,000 $55,000 $6,000 Graffiti Removal 30,000 10,000 20,000 Safety Gear 400 400 Field Materials 106,000 50,000 56,000 Total Operating Supplies $197,400 $115,400 $82,000 Small Tools 1 Non -Ca ital $250 $250 $0 Equipment Total Small Tools/Equipment $250 $250 $0 Total Landscam & Li filing Bud et $3,509,136 $2,021,405 $1,487,731 District Public Works Administration $36,585 $36,585 $0 Administration Ci de Administration 92,524 43,651 48,873 Total District Administration $129,109 $80,236 $48,873 Total Landscape & Li lliting Expenditures $3,638,245 $2,101,641 $1,536,604 Less CSA 152 Revenue $238,500 Less General Fund Contribution 2,441,935 Balance to Levy $957,810 Total EDU 26,906 Levy Per EDU $35.60 Willdan Financial Services Page 10 541 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The following information was obtained from the Riverside County Assessors Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the. different land use types in the City. Land Use FY 200912010 Parcel Count County Acres Prior Year EDU Prior Year Levy FY 200912010 EDU FY 20091260 Levy ricultural Parcels 131. 419.34 107.95 $3,842.78 584.51 $20,807.4 Exempt Parcels 2233.GC 9,752.52 0.013 O.oc O.oc 0.00 olf Course Parcels 305.00 3,553.52 1,833.33 65,264.76 1,929.56 68,690.12 Hillside Conservation Parcels 12.00 319.12 31.91 1,135.94.31.91 1,135.9 dulti-Farnily Residential Parcels 38. 92.8 644. 22,926.4 644.0 22,926.4 Non -Residential Parcels 220. 491.17 2,489.7 88,635.1 2,360.25 84,024.9 Rural/ Estate Parcels 62.0 127.56 95.9 3,417.2 99.3 3,536.2 n le Family Residential Parcels 19,314.0 1,920.84 19,206. 683,733. 19,205.0 683,698. scant/ Remote Parcels 37. 81863 277.5 9,880.4 333.3 11,866.1 scant Non -Residential Parcels 289.0 777.52 855.8 30,467.1 806.3 28,703.9 acant Residential Parcels 2,688.0 809.47 802.5 28,551.6 911 3 32,420 8 Total 25,329.0 19,082.51 26,344.9 $937 855.1 26 905.5 $957,809.9 (1) The difference in the 'Balance to Levy' figure in the preulous table and the land use classification proposed levy in this table is due to the Poverside County even penny requirement for each charged parcel. At the time of the Report there was an increase in EDU assessed of 560.65 over the prior year estimates. Actual changes will be based on the final County Secured Roll for Fiscal Year 2009/2010. The difference is due to changes in County Land Use Classifications and development. Willdan Financial Services Page 1.1 4 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix A - District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. Willdan Financial Services Page 12 543 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix B — 2009/2010 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2009/2010. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 544 Willdan Financial Seivices Page