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1999 07 20 CCV _ 5: 4 OF v� yOFTN� City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting July 20, 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-90 Ord. No. 334 This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINT 2R RECESS. ADDITIONALLY; PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CO .SIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. EVALUATION OF COUNCIL -APPOINTED POSITIONS, CITY MANAGER AND CITY CLERK PURSUANT TO GOVERNMENT CODE SECTION 54956.6. 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, CONCERNING PROPERTY LOCATED CITY-WIDE, AND TERMS OF TRANSFER OF CABLE TELEVISION FRANCHISE RELATING THERETO PURSUANT TO GOVERNMENT CODE SECTION 54956.8. PROPERTY OWNER/NEGOTIATOR: MEDIAONE/TIME WARNER. 00 PUBLIC COMMENT - 3:00 pm This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of June 22, June 24, June 29 & July 6, 1999 ANNOUNCEMENTS PRESENTATIONS 1. PRESENTATION BY THE LA QUINTA ARTS FOUNDATION TO THE CITY COUNCIL OF THE 1999 LA QUINTA ARTS FESTIVAL POSTER WRITTEN CORRESPONDENCE LETTERS FROM PGA WEST MEMBERS ASSOCIATION AND PGA WEST MASTER ASSOCIATION, INC. REGARDING A GOLF CART TUNNEL UNDER MADISON STREET. Page -2- 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 JULY 20, 1999. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 1999. 3. APPROVAL OF OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE 1999 INTERNATIONAL PUBLIC WORKS CONGRESS AND EXPOSITION SPONSORED BY THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) IN DENVER, COLORADO, SEPTEMBER 19-22, 1999. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THREE CODE COMPLIANCE OFFICERS TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC. LOCATED IN LONG BEACH, CALIF., JULY 23-24, 1999. 5. ADOPTION OF RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND SUPPLEMENTAL RETIREMENT BENEFITS PROVIDED BY THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) ON A ONE-TIME BASIS. 6. APPROVAL OF CHANGES TO THE CITY CLERK'S JOB DESCRIPTION AND SALARY RANGE. 7. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29052, LUNDIN DEVELOPMENT. 8. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29121, MSG ENTERPRISES, INC. 9. APPROVAL OF AGREEMENTS FOR ACQUISITION OF REAL PROPERTY FOR TWO RIGHT-OF- WAY PARCELS NECESSARY TO CONSTRUCT PROJECT NO. 98-09, WASHINGTON STREET BRIDGE WIDENING. BUSINESS SESSION 1 . CONSIDERATION OF ADOPTION OF THE FISCAL YEAR 1999/2000 BUDGET AND ESTABLISH THE CITY'S APPROPRIATIONS LIMIT. A) RESOLUTION ACTION. 2. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR FISCAL YEAR 1999-2000. A) MINUTE ORDER ACTION. Page -3- 3. CONSIDERATION OF APPROVAL OF DESIGN AND LOCATION OF THE BEAR CREEK CHANNEL ART PIECE AS PROVIDED BY THE LA QUINTA ARTS FOUNDATION. A) MINUTE ORDER ACTION. 4. CONSIDERATION OF RESOLUTION APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE ORIGINALLY GRANTED TO COLONY COMMUNICATIONS, INC. TO SUMMIT CABLE SERVICES OF GEORGIA, INC. A) RESOLUTION ACTION. 5. CONSIDERATION OF MARKETING PLAN AND CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 1999/2000. A) MINUTE ORDER ACTION. 6. CONSIDERATION OF A SUBLEASE AGREEMENT FOR THE LA QUINTA ARTS ASSOCIATION TO SUBLEASE A PORTION OF THE CITY OWNED BUILDING OCCUPIED BY THE LA QUINTA CHAMBER OF COMMERCE AND OF A REQUEST BY THE LA QUINTA ARTS ASSOCIATION FOR FINANCIAL ASSISTANCE. A) MINUTE ORDER ACTION. 7. CONSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE ART PROGRAM (SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. A) MINUTE ORDER ACTION. 8. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO RECOVER CERTAIN CONSTRUCTION COSTS RELATED TO THE WASHINGTON STREET BRIDGE WIDENING OVER THE EVACUATION CHANNEL. A) MINUTE ORDER ACTION. 9. CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT PROJECT 98-15, VARIOUS FISCAL YEAR 1998/99 CITYWIDE STREET IMPROVEMENTS. A) MINUTE ORDER ACTION. 10. CONSIDERATION OF ADOPTION OF A RECORDS RETENTION PROGRAM. A) RESOLUTION ACTION. 0104 Page -4- 11. CONSIDERATION OF AMENDMENT TO SECTION 2.08 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO CITY MANAGER AND SECTION 2.10 RELATIVE TO CITY CLERK. A) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS A. CULTURAL ARTS COMMISSION MINUTES OF JUNE 10, 1999 B. INVESTMENT ADVISORY BOARD MINUTES OF JUNE 16, 1999 C. PLANNING COMMISSION MINUTES OF MAY 25 & JUNE 8, 1999 D. HISTORICAL PRESERVATION COMMISSION MINUTES OF MAY 27, 1999 E. ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE MINUTES OF JUNE 2, 1999 F. CVAG COMMITTEE REPORTS G. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PENA) H. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) I. C. V. MOUNTAINS CONSERVANCY (SNIFF) J. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) K. LEAGUE OF CALIFORNIA CITIES COMMITTEES L. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) M. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) N. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 0. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (HENDERSON) P. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD Q. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) R. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 005 Page - 5 - DEPARTMENT REPORTS A. CITY MANAGER 1 . RESPONSES TO PUBLIC COMMENT B. CITY ATTORNEY C. CITY CLERK 1 REPORT ON UP -COMING EVENTS D. BUILDING AND SAFETY DIRECTOR 1 . MONTHLY REPORT FOR JUNE 1999 E. COMMUNITY DEVELOPMENT DIRECTOR 1. MONTHLY REPORT FOR JUNE 1999 F. COMMUNITY SERVICES DIRECTOR 1 . MONTHLY REPORT FOR JUNE 1999 G. FINANCE DIRECTOR 1. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED MAY 31, 1999 2. YEAR 2000 PROJECT STATUS REPORT H. PUBLIC WORKS DIRECTOR 1 . MONTHLY REPORT FOR JUNE 1999 2. REPORT ON TRAFFIC SPEED STUDY FOR WASHINGTON STREET FRONTING MONTERO ESTATES 3. REPORT ON SPEED HUMPS I. POLICE CHIEF - None J. BATTALION CHIEF - None MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING ATTENDANCE AT THE "Y2K EMERGENCY RESPONSE STRATEGIES FOR MUNICIPALITIES" CONFERENCE IN SAN FRANCISCO, AUGUST 16-17, 1999. (PERKINS) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. Page - 6 - PRESENTATIONS PRESENTATION OF PLAQUES TO OUT -GOING COMMISSIONERS EXPRESSING THE CITY COUNCIL'S APPRECIATION FOR THEIR SERVICE. PUBLIC HEARINGS 1 . TENTATIVE TRACT MAP 28409 - A REQUEST FOR A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY -APPROVED SINGLE FAMILY SUBDIVISION OF 19 LOTS AND OTHER COMMON LOTS ON 9.15 ACRES LOCATED ON THE NORTH SIDE OF AVENIDA MONTEZUMA AND WEST OF THE YUCATAN PENINSULA NEIGHBORHOOD. APPLICANTS: MR. CHARLES B. MURPHY AND MR. LYNN R. KUNKLE. A) RESOLUTION ACTION. 2. CONTINUED PUBLIC HEARING TO CERTIFY ENVIRONMENTAL ASSESSMENT 98-369 AND APPROVE TENTATIVE TRACT MAP 28982, SITE DEVELOPMENT PERMIT 98-631 AND TENTATIVE TRACT 24230, AMENDMENT NO. 1, A REQUEST OF A. G. SPANOS CORPORATION TO APPROVE DEVELOPMENT PLANS FOR A 160 MULTI -FAMILY UNIT PROJECT, SUBDIVIDE 10.17 ACRES FOR 160 AIRSPACE CONDOMINIUMS AND ELIMINATION OF A REQUIREMENT TO PROVIDE AFFORDABLE HOUSING UNITS LOCATED AT THE SOUTHWEST CORNER OF 47T" AVENUE AND ADAMS STREET. APPLICANT: A. G. SPANOS. A) RESOLUTION ACTION. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. FIVE-YEAR IMPLEMENTATION PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREAS NO. 1 AND 2. A) RESOLUTION ACTION. ADJOURNMENT ) 0 "7 Page - 7 - DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of July 20, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Albertson's, 78-630 Highway 1 1 1, on Friday, July 16, 1999. D ED: July 16, 1999 SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. Page - 8 - ID _T I_��'r'a 1.': 'ti No.001 F.u1 WRITTEN CORRESPONDENCE ITEM: PGA WEST MEMBERS ASSOCIATION Post Office Tiox 41688 R E C F 1 D La Quint, CA 92253, Board of Directors 5y JUL 7 PA 2 48 July 2. 1999 C 1.l [. 0 r E ', Q U I CITY CLERK Ms. Saundra Juhola City Clerk City of La Quinta 78-495 Calle Tampico, La Quinta, Ca.9225 3 Dcar Ms. Juhola: Oil Monday, Junc 28, 1999. ilic Boards of the PGA ' cst Mernbcrs Association and the Advisory Board of (iovernors held'a joint meeting to discuss the subject of golf earl access to the new Greg Normai7 COLIFSV at PGA WC.St. By way of background, the POA West Members Association is a legally constituted non-profit organi�.ation representing the Members of PGA West,,s-ith some 1100 dues paying members. 7'he Advisory board of Governors is :.m elected body of 9 members who regularly meet with the owners, KSL, to provide advice and negotiate on various matters of importance to the members. As you are probably aware.. KSL has sought permission to provide golf cart access to the new cow -se via surface crossing o1"Madison Avenue through 3 newly created gates in the perimeter wall which currently axists. Previously both Homeowners Associatims and the Master Association have gone oil record opposing, [his approach. Loth the I'GAWMA and the ABG have decided to support the opposition to stirfaCe crossing of Madison Avenue in golf earls to gain access to the new course. Clearly, precedent would indicate that a tunnel is a preferred approach since tunnels are currently utilized within the perimeter to bypass busier streets and that the current crossing of Madison Avenue for the Weiskopf ('nurse is via tonne). So, argument one is precedent. ITowever, the far more compelling argunu:nt is safety. Even with a cross -walk and a traffic light, it is inevitable at some point that a golf-czu-1 will Meet with tt Ctir or truck. Madison Ave. is a major thoroughfare Cars regularly go 601 Mph_ it is apreferred route to Lake Cahuilla where weekend revelers often consume alcohol before coming hack down Madison. Several accidents have recently occured on 58t1i, 58th and Madison, and at Madison and Airport. The Boards una nimmisly felt that the risk associated with surfiic c crossing is too great and that we Could not be a party to either silence on the subject nor support KSL's "no tunnel" decision, it would seem that another dlmew;ion to Ibc safely isSM', is the golf carts themselves. Arc they legally "safi'' to be on or to cross �i major public street`' We understand that the ID: PGA WEST MEMBERS ASSOCIATION Post Office Box # 1688 i.a Quinta, CA 92253 Board of Directors experiment in 1'"ilm Deserl for golf carts on streets includes the requirements that carts have turn signals, seat belts, rear view mirrors, etc. Would the members be expected to install such devices and would KSL be required to install them on their house carts'? Answers to these questions must be provided because they would require considerable cost to the users, and, in our opinion, even with these devices, surface crossing is still an unacceptable risk. The final thought -process which led to our decision is the issue of %ecurity. STeeching the current walls with 3 access gates which would be activated by a card -device would put some 4000 to 5000 cards in circulationwith 2 cards cacti. With so many cards there is bound to be some that could get in the hands of the wrong element. Why take the risk of burglary or, of greater concern, potential bodily harm') Given the above concerns, both of the aforemention Boards voted unanimously to oppose surface crossing via golf carts to get to the new Norman Course. We want to go on record with our position. You should undcrstrtnd that KSL committed in an April 3, 1998 letter to all members that golf cart access would be available. We understand that their tunnel concern is purely cost. What is the price for safely, and security? They advertised that they were prepared to spend $20 million to construct the Course and the mlrastructure to support it. We are N'ery surprised that tunnel access is not part of that commitment. We were even more surprised to learn that their budget is less than $220 million. Thank you for considering our position. We would be itvailablc to answer any questions or meet with whomever you decal appropriate if further discussion or clarification is required. Would you please distribute this letter to the members of the Cite Council and the Mayor. Sincerely, Chuck Otto President, PGA West Members Association and AT30 Board Nlember c: PGAWMA Board Advisory I3oard of Governors m WRITTEN CORRESPONDENCE ITEM: R E C E I ` ED PGA WEST MASTER ASSOCIATION, INC. � JUL 7 Pal 3 37 P. O. BOX 1516 LA QUINTA CA 92253 C ('� a �� L �'� Q U i IJ T A (760) 776-5100 Fax 776-5111 CITY CLERK July 6, 1999 Honorable John Pena, Mayor Members of the City Council City of La Quinta, California 78-495 Calle Tampico La Quinta CA 92253 Dear Hon. Mayor: We appreciate the opportunity to have spoken to you and all the members of the City Council on June 15, 1999 regarding the golf cart access to the Greg Norman Course and Subdivision at PGA WEST. We understand that you have referred the issue to your staff requiring that they report back to the Council. As we all know, PGA WEST is an ongoing Gated Development with three separate project areas divided by major peripheral streets (Madison and Airport Streets), where security and safety from unwanted intrusion is important both to the Owners and the City. The area east of Madison and south of Airport (Nicklaus Tournament and Weiskopf Golf Courses) is interconnected to the main project are west of Madison by a golf cart tunnel with its entrance and exit points within the walled community, eliminating any breach of security. Our concern is that the Norman Golf Course and residential area as proposed, does not have a golf cart tunnel access. We have seen some construction drawings that show surface street crossing access from the main project area to the Norman Area with gates through our perimeter walls to so achieve. We have the sense that various members of your professional staff agree that for safety and security reasons, wall penetrations that would allow carts through gate(s) are being discouraged, for obvious reasons. PGA WEST Master Association, comprising all homeowners at PGA WEST, and responsible for security and common area safety has taken the same position that cart gates will not be allowed through perimeter walls. We feel very strongly that tunnel access should be required of the Master Developer (KSL) for a variety of reasons. The original PGA WEST Specific Plan stated: "Design a circulation system that is safe and efficient, and one that encourages pedestrian/golf cart usage. "(Italics added) Indeed, two areas of PGA WEST are presently connected for golf cart use by tunnel under Madison Street as well as interior tunnels in the main project area. HON. JOHN PENA, MAYOR July 6, 1999 — Page Two We have heard that the Master Developer (KSL) considers tunnels cost prohibitive, however they have always understood that cost and good planning sometimes conflict. Cost did not impeded the original PGA WEST Developer (Landmark) from providing tunnels. The one hundred eighty home sites on the Norman property will not have access to the various Club facilities, except by automobile unless a tunnel is placed under Madison. This is an extremely important issue to the Master Association, Residential and Residential II Associations as well as the PGA WEST Members Association (which represents some 1,100 golf members). The PGA WEST project, when completed is going to be here long after the Master Developer and Merchant Builders have left. PGA WEST was, is and shall always be contemplated and marketed as a first class Residential Resort, and as such, requires tunnel access to all three project areas — not just two. We would like to thank you and the Council for your attention to this matter, trusting that you will require the Master Developer to put in the necessary tunnel. Sincerely, PGA WEST MASTER ASSOCIATION, C. i By Robert W. Foulk, President Cc: Board of Directors — PGA WEST Master Association Board of Directors — PGA WEST Residential Association Board of Directors — PGA WEST II Residential Association Chuck Otto, President — PGA WEST Members Association T4'it 4 4a Q" COUNCIL/RDA MEETING DATE: JULY 20, 1999 ITEM TITLE: Demand Register Dated July 20, 1999 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve Demand Register Dated Dated July 20, 1999 BACKGROUND: Prepaid Warrants: 37600 - 37619 899,706.46 37620 - 37641 7,220.49 37642 - 67644 78,613.28 37645 560.00 37646 4,661.18 37647 5,025.00 37648 - 37652 1,106.50 37653 37654 31,215.43 37655 37656 1,170.12 Auto Mall 1005 1,152.00 Wire Transfers 105,455.03 P/R 3271 - 3343 105,298.16 P/R 3344 - 3348 5,094.87 P/R 3349 - 3419 83,685.48 P/R Tax Transfers 55,895.54 City Demands $1,81 5,170.53 Payable Warrants: 37657 - 37685 (99/00) 33,391.69 RDA Demands 26,272.64 34478 - 34627 (98/99) 422,191 .94 $1,841,443.17 $1,841,443.17 FISCAL IMPLICATIONS: Demand of Cash - City $1,815,170.53 l � \ John M. Falconer, Finance Director CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 06/24/1999 - 07/14/1999 CHECK # 07/09/1999 1005 NICKERSON, DIERCKS &ASSOCIATES 1,152.00 TOTAL 1,152.00 03 CITY OF LA QUINTA BANK TRANSACTIONS 06/24/1999 - 07/14/1999 06/24/1999 WIRE TRANSFER -DEFERRED COMP 06/24/1999 WIRE TRANSFER - CREDIT UNION 07/01/1999 WIRE TRANSFER - PERS 07/09/1999 WIRE TRANSFER - DEFERRED COMP 07/09/1999 WIRE TRANSFER - CREDIT UNION 07/12/1999 WIRE TRANSFER - FORESITE ESCROW TOTAL 5,538.49 6,120.74 16,129.57 5,248.49 6,117.74 66,300.00 105,455.03 015 iIF ACCOUNTS PAYABLE - AP5005 CHECK REGISTER �q� 3:51PM 07/13/99 CITY OF LA QUINTA BANK ID: DEF e�V' PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37686 07/20/99 &00826 EVE ANGUS 20.00 37687 07/20/99 &00827 WILLIAM F. BOYD 300.00 37688 07/20/99 &00828 CANADAY & COMPANY 993.15 37689 07/20/99 &00829 JAMES W. CORNETT 800.00 37690 07/20/99 &00830 JACKIE COTHRAN 46.00 37691 07/20/99 &00831 A. DIAZ GARDENING SVC 3.00 37692 07/20/99 &00832 BETTY GREGORY 3.00 37693 07/20/99 &00833 HARRISON ENTERPRISES, INC 140.00 37694 07/20/99 &00834 LEE MILLER 26.00 37695 07/20/99 &00835 JEANNINE RUSSELL 15.00 37696 07/20/99 &00836 CYNTHIA B. SJOQUIST 8.00 37697 07/20/99 &00837 MARY SPIES 80.00 37698 07/20/99 &00838 R.H. TERRY 10.00 37699 07/20/99 &00839 WAL-MART PHARMACY 300.00 37700 07/20/99 &00840 LENORA WATSON 45.00 37701 ** AP CHECK RUN VOID ** 37702 07/20/99 ACE010 ACE HARDWARE 878.59 37703 07/20/99 ALL100 ALLIANCE SERVICE STATION 97.10 37704 07/20/99 AL0100 JEAN PIERRE ALOTTE 20.00 37705 07/20/99 AME200 AMERIPRIDE UNIFORM SVCS 95.56 37706 07/20/99 ARC050 ARCHAEOLOGICAL ADVISORY 1400.00 37707 07/20/99 ASCO01 A & S COFFEE SERVICE 306.00 37708 07/20/99 ATT100 AT&T WIRELESS SVC 772.51 37709 07/20/99 AUS100 DONNA AUSTIN 40.00 37710 07/20/99 BEN040 BENLO R V II 51.61 37711 07/20/99 BEN060 MATTHEW BENDER & CO, INC 256.70 37712 07/20/99 BER007 JEFF BERLINGERS MOBILE 32.00 37713 07/20/99 BER150 BERRYMAN & HENIGAR INC 4360.00 37714 07/20/99 BIG010 BIG A AUTO PARTS 157.54 37715 07/20/99 BOU050 FRED BOUMA 66.82 37716 07/20/99 BRI100 BRINKS INC 265.00 37717 07/20/99 CAD010 CADET UNIFORM SUPPLY 243.98 37718 07/20/99 CAT100 CATELLUS RESIDENTIAL 161503.94 37719 07/20/99 CHE100 BETTE CHENEY 46.00 37720 07/20/99 COA023 COACHELLA VLLY ENGINEERS 1500.00 37721 07/20/99 COA085 COACHELLA VALLEY WATER 168.89 37722 07/20/99 COM015 COMPUTER U LEARNING CENTR 1275.00 37723 07/20/99 COM020 COMPUTER PROTECTION TECH 2832.50 37724 07/20/99 COM040 COMMERCIAL LIGHTING' IND 404.07 37725 07/20/99 C00050 J P COOKE CO, THE 108.78 37726 07/20/99 COR020 ESEQUIEL CORONEL 2598.25 37727 07/20/99 COS050 COSTCO BUSINESS DELIVERY 316.04 37728 07/20/99 COS060 COSTCO WHOLESALE STORE 197.66 37729 07/20/99 DAR100 DARTNELL CORPORATION 37.90 37730 07/20/99 DES060 DESERT SUN PUBLISHING CO 6711.52 37731 07/20/99 DES065 DESERT TEMPS INC 4715.80 37732 07/20/99 DIE020 D HERNANDEZ DBA DIEGO'S 800.00 05 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:51PM 07/13/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER 37733 37734 37735 37736 37737 37738 37739 37740 37741 37742 37743 37744 37745 37746 37747 37748 37749 37750 377SI 37752 37753 37754 37755 37756 37757 37758 37759 37760 37761 37762 37763 37764 37765 37766 37767 37768 37769 37770 37771 37772 37773 37774 37775 37776 37777 37778 37779 37780 37781 CHECK DATE 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 07/20/99 NO DMG100 DOU010 DRE100 EAG100 EQU010 EVA100 FAH100 FED010 FRE100 GE0010 GTE010 GTE020 GUM050 HEG050 HEN050 HER050 HIG010 HIT001 HOA010 HOM030 HON050 H00050 HOP100 ICB010 IMPO10 IMP150 IND030 JAS100 JPRO10 KEL010 KIN050 KIN100 KRI100 KUN100 KUS050 LAQ065 LAQ100 LOS050 LUC050 LUN050 MAR010 MAZO50 MCK010 MUN010 NAT030 NAW010 NEW200 PCMO50 VENDOR NAME DMG MAXIMUS DOUBLE PRINTS 1 HR PHOTO DRESCO REPRODUCTION INC EAGLE/HOUSEHOLD BANK FSB DALE EQUITZ GUY EVANS LORI FAHNESTOCK FEDERAL EXPRESS CORP JOHN FREELAND GEORGE'S GOODYEAR GTE CALIFORNIA GTE TELEPHONE OPERATIONS BRAD GUMMER JIM HEGGE TERRY HENDERSON RACHEL HERMANSON HIGH TECH IRRIGATION INC HITT MARKING DEVICES, INC HUGH HOARD INC HOME DEPOT ** AP CHECK RUN VOID ** DAWN C HONEYWELL FAYE HOOPER NANCY HOPKINS ICBO IMPERIAL IRRIGATION DIST IMPERIAL SIGN CO INC INDIO SHOE STORE INC JAS PACIFIC JP REPROGRAPHICS KELLY SERVICES INC KINKO'S KINER/GOODSELL ADVERTISNG BRUCE KRIBBS CONSTRUCTION MARNI KUNSMAN KUSTOM SIGNALS INC LA QUINTA HISTORICAL SOC LA QUINTA VOLUNTEER FIRE LOS ANGELES TIMES LUCENT TECHNOLOGIES LUNDEEN PACIFIC CORP MARTIN & CHAPMAN CO MAZDA SUPERSTORE McKESSON WATER PRODUCTS MUNI FINANCIAL SERV INC NAIL RECREATION & PARK RON NAWROCKI NEW & RECYCLED PROMITIONS PC MAGAZINE PAYMENT AMOUNT 4323.69 14.34 90.49 3477.98 45.00 3115.00 90.00 1327.75 48.00 74.15 3366.62 513. 61 850.50 2010.00 1030.00 735.00 143.43 668.32 14233.09 772.01 14347.00 75.00 231.00 795.20 697.23 260.00 188.50 517.00 4223.72 3078.71 213.35 915.88 4620.00 44.00 4152.60 131.00 327.50 49.68 1681.45 346� 87 ?�9.67 535.74 543.20 2871.98 370.00 1000.00 269.01 29.97 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:51PM 07/13/99 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 37782 07/20/99 PCR100 PCR 19752.00 37783 07/20/99 PEN010 JOHN PENA 575.00 37784 07/20/99 PIT015 PITNEY BOWES 616.10 37785 07/20/99 PRI070 PRINTING SOLUTIONS 589.05 37786 07/20/99 PRY100 PRYOR RESOURCES INC 208.77 37787 07/20/99 RAH050 RICH RAHN 252.00 37788 07/20/99 RAS020 RASA - ERIC NELSON 2090.00 37789 07/20/99 RECO20 RELY -CAL SUPPLY CO 244.94 37790 07/20/99 RIV100 RIVERSIDE COUNTY SHERIFFS 3643.20 37791 07/20/99 RJT010 RJT HOMES, LLC 10438.60 37792 07/20/99 ROSO10 ROSENOW SPEVACEK GROUP 26752.74 37793 ** AP CHECK RUN VOID ** 37794 07/20/99 RUT050 RUTAN & TUCKER 9456.84 37795 07/20/99 SAX100 SAXON ENGINEERING SERVICE 12740.00 37796 07/20/99 SEC050 SECURITY LINK/AMERITECH 341.91 37797 07/20/99 SHAO10 SHADOW PALMS GARDENING 150.00 37798 07/20/99 SMA010 SMART & FINAL 264.68 37799 07/20/99 SMI010 MARILYN SMITH 53.95 37800 07/20/99 SM0010 DONNALDA SMOLENS 125.00 37801 07/20/99 SOCO10 THE SOCO GROUP INC 84.78 37802 ** AP CHECK RUN VOID ** 37803 07/20/99 SOU007 SOUTHWEST NETWORKS, INC 5984.94 37804 07/20/99 SOU010 SOUTHERN CALIF GAS CO 231.27 37805 07/20/99 SPI010 CRISTAL SPIDELL 33.28 37806 07/20/99 SPRO10 SPRINT 939.64 37807 07/20/99 STA020 STANDARD REGISTER 235.60 37808 07/20/99 STA045 STAN'S AUTO TECH 336.10 37809 07/20/99 STA050 STAPLES 148.61 37810 07/20/99 SUN075 SUNLINE TRANSIT AGENCY 332.00 37811 07/20/99 SZE100 SHARON SZESNY 542.50 37812 07/20/99 TEL050 TELECOM DISTRIBUTION SVC 387.57 37813 07/20/99 TER020 TERA-STORAGE SOLUTIONS IN 290.00 37814 07/20/99 TOP010 TOPS'N BARRICADES INC 127.86 37815 07/20/99 TRA020 TRANSAMERICA 140.75 37816 07/20/99 TRU010 TRULY NOLEN INC 161.00 37817 07/20/99 TTI100 TTI NATIONAL INC 7.96 37818 07/20/99 ULT100 ULTIMATE INTERNET ACC INC 40.00 37819 07/20/99 UND010 UNDERGROUND SERVICE ALERT 403.75 37820 07/20/99 USO100 US OFFICE PRODUCTS 300.92 37821 07/20/99 VER010 ROMANO VERLENGIA 38.02 37822 07/20/99 VID050 VIDEO DEPOT 15.00 37823 07/20/99 VIK010 VIKING OFFICE PRODUCTS 128.68 37824 07/20/99 VON010 VON'S C/O SAFEWAY INC 179.67 37825 07/20/99 WAL010 WAL MART STORES INC 162.65 37826 07/20/99 WAR060 WARNER ENGINEERING 4818.32 37827 07/20/99 WEL100 PATRICK WELCH 6.40 37828 07/20/99 WES020 WEST GROUP 98.32 37829 07/20/99 WHE050 WHEELER'S 105.00 37830 07/20/99 WIL010 WILLDAN ASSOCIATED 982.57 Iwo 07 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK CHECK NUMBER DATE 37831 07/20/99 37832 07/20/99 37833 07/20/99 CHECK REGISTER 3:51PM 07/13/99 BANK ID: DEF PAGE 4 VENDOR PAYMENT NO. NAME AMOUNT XER010 XEROX CORPORATION 1394.70 YOUl00 YOUNG ENGINEERING SERVICE 4900.00 ZUR050 ZUMAR INDUSTRIES ING 1149.15 CHECK TOTAL 422,191.94 Z M O 61 M N M m Ol M O N Ln L r m Ol rl N M to W O ti E-F Z rn rn M Ln ID 10 �D C W F N N N N N N N N N N N N (� < lD lD lD ID l0 lD ID lD lD \D lG lD ibl < c0 F H H F H F H H E-F H F F+ (L a •• o o o 0 0 0 O o O o 0 M F o o .-i o 0 0 0 0 0 0 0 0 z F W Z M m C O N O G) O O' cr N > O M m W � E a � 0 0 Lrn O o O o C o 0 0 o O O O O O o 0 0 0 0 o M O D M M o o n m N O (3l O N tP •e a o a < < rW a < < E < a < E r1 < G K� C < Z F a F I H F a El El El G EH a E-+ O C G O E O O O �+ O ai 0 s4 O O w 0 �+-� O W E-F E+ U H H F E-E > E-F > E-F > H E+ N El N H ` ° ° ° w a a s o a u am a a a a a a o ff o O o 0 o v o Q) o o o o O > a 7 1-1 N ❑ aj ❑ b) ❑ 'O ❑ m ❑ m ❑ m ❑ 'O ❑ m ❑ m ❑ 'd Z U C Z U Z -.i Z O Z G Z C Z G Z G Z C Z G 2 C Z G r+ cn G 41 W E W H W C W N W c) w N w G W N W al W 7 W w > w > 1-I > O > w > U > U > U > w > O > U > w ❑ v w .� v -� .a - - cn U H F U w [.. U W H ❑ a O W > > P7 H ❑ H O M � � � ❑ � � M N Z a � W a I I O O W H a O C O O O C O O a' O O O W O C O O O O O O O O O cc O O O O O O O O a' O O O N F Z O Q' O O O O O O O C O o O O O O O O O O O O O O O O O O O O O O O O O O O U U r1 rl .-1 ri r-1 �--I rl rl rl � ti r-1 O O o O C O O O o O O O ri r-1 rl .-1 � rl rl rl rl ri rl rl U Z H U > c� v W F+ M U7 !n C > 7 H H o z H z a a x ❑ H H a a a a >» w w z a w o o a m m m o a F U o x a o z o r^ U w E- < ❑ Z rL < W rL v7 H H ri cn a a a w a ❑ F a z F a< O w a z U H a w Fc z ❑ > < < w w w > (f1 Z W 3 U ' D FC W .] ' D U E-F w W Z O > co iD r C N N M M M M M M m m m com m Go m m OD m m coaD m U F O O O O O O O O O O O O U O O O O O O O O O O O O /f 09 ulo ACCOUNTS PAYABLE - A25003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 2 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. &00837 MARY SPIES 101 000 437 000 242 refund 40.00 T626 81 VENDOR TOTAL 80.00 &00838 R.H. TERRY 101 000 437 000 359 refund 10.00 T626 96 VENDOR TOTAL 10.00 &00839 WAL-MART PHARMACY 101 000 416 000 license refund 300.00 T626 122 VENDOR TOTAL 300.00 &00840 LENORA WATSON 101 000 437 000 408 refund 45.00 T626 127 VENDOR TOTAL 45.00 ACE010 ACE HARDWARE 101 454 703 847 56386 supplies 23.60 T625 1 ACE010 ACE HARDWARE 101 454 703 847 56397 supplies 12.71 T625 2 ACE010 ACE HARDWARE 101 453 703 847 56424 supplies 39.21 T625 3 ACE010 ACE HARDWARE 101 453 703 847 56408 supplies 56.45 T625 4 ACE010 ACE HARDWARE 101 453 703 847 56491 supplies 67.91 T625 5 ACE010 ACE HARDWARE 101 454 703 825 56510 supplies 17.20 T625 6 ACE010 ACE HARDWARE 101 453 703 847 56510 supplies 172.62 T625 7 ACE010 ACE HARDWARE 101 454 705 000 56559 supplies 20.42 T625 8 ACE010 ACE HARDWARE 101 453 703 847 56577 supplies 16.34 T625 9 ACE010 ACE HARDWARE 101 454 703 847 56577 supplies 16.33 T625 10 ACE010 ACE HARDWARE 101 454 703 825 56580 supplies 14.57 T625 11 ACE010 ACE HARDWARE 101 453 703 847 56751 supplies 51.77 T625 12 ACE010 ACE HARDWARE 101 357 703 000 56845 supplies 22.46 T625 13 ACE010 ACE HARDWARE 101 357 7C3 000 56830 supplies 24.71 T625 14 ACE010 ACE HARDWARE 101 357 703 000 56788 supplies 122.60 T625 15 ACE010 ACE HARDWARE 101 357 703 000 56727 supplies 83.30 T625 16 ACE010 ACE HARDWARE 101 357 703 000 56490 supplies 86.70 T625 17 ACE010 ACE HARDWARE 101 357 703 000 56396 supplies 29.69 T625 18 VENDOR TOTAL 878.59 CFI ALL100 ALLIANCE SERVICE STATION 501 501 619 646 283642 fuel 97.10 T625 19 4_. VENDOR TOTAL 97.10 ALO100 JEAN PIERRE ALOTTE 101 000 437 457 259 refund 20.00 T625 20 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 3 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 20.00 AME200 AMERIPRIDE UNIFORM SVCS 101 357 609 634 S461756 mat svcs 53.35 T625 AME200 AMERIPRIDE UNIFORM SVCS 101 202 609 634 S461757 mat svcs 42.21 T625 VENDOR TOTAL 95.56 ARC050 ARCHAEOLOGICAL ADVISORY 246 906 684 000 952 prof svcs 1400.00 T625 VENDOR TOTAL 1400.00 ASC001 A & S COFFEE SERVICE 101 153 703 880 182081 supplies 306.00 T625 VENDOR TOTAL 306.00 ATT100 AT&T WIRELESS SVC 101 153 635 660 cell svc 160.78 T625 ATT100 AT&T WIRELESS SVC 101 153 635 660 cell svc 105.73 T625 ATT100 AT&T WIRELESS SVC 101 153 635 660 cell svc 318.02 T625 ATT100 AT&T WIRELESS SVC 101 153 635 660 cell svc 150.06 T625 ATT100 AT&T WIRELESS SVC 101 153 635 660 cell svc 37.92 T625 VENDOR TOTAL 772.51 AUS100 DONNA AUSTIN 101 000 437 000 240 refund 40.00 T625 VENDOR TOTAL 40.00 BEN040 BENLO R V II 501 501 619 649 4B20 supplies 51.61 T625 VENDOR TOTAL 51.61 BEN060 MATTHEW BENDER & CO, INC 101 151 651 000 acctg updates 256.70 T625 VENDOR TOTAL 256.70 BER007 JEFF BERLINGERS MOBILE 501 501 619 649 4323 auto wash 32.00 T625 VENDOR TOTAL 32.00 BER150 BERRYMAN & HENIGAR INC 101 452 609 557 8047 prof svc 288.00 T625 j-' BER150 BERRYMAN & HENIGAR INC 101 452 609 557 8050 prof svc 288.00 T625 T1 f BER150 BERRYMAN & HENIGAR INC 101 452 609 557 8044 prof svc 432.00 T625 21 22 24 25 26 27 28 29 30 31 32 34 33 35 36 37 H ACCOUNTS PAYABLE, - AP5003 CITY OF LA QUINTA VENDOR BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BER150 BERRYMAN & HENIGAR INC BIGO10 BIG A AUTO PARTS BIG010 BIG A AUTO PARTS B00050 FRED BOUMA BR1100 BRINES INC CAD010 CADET UNIFORM SUPPLY CAD010 CADET UNIFORM SUPPLY CADO10 CADET UNIFORM SUPPLY CAD010 CADET UNIFORM SUPPLY CAD010 CADET UNIFORM SUPPLY CADO10 CADET UNIFORM SUPPLY CADO10 CADET UNIFORM SUPPLY CAT100 CATELLUS RESIDENTIAL CAT100 CATELLUS RESIDENTIAL 0 CAT100 CATELLUS RESIDENTIAL CHE100 BETTE CHENEY TO -BE PAID INVOICES 3:49PM 07/13/99 FOR BANK ID - DEE PAGE 4 ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. 101 452 609 557 8042 prof svc 432.00 T625 38 101 452 609 557 8043 prof svc 336.00 T625 39 101 452 609 557 8045 prof svc 240.00 T625 40 101 452 609 557 8040 prof svc 144.00 T625 41 101 452 609 557 8041 prof svc 904.00 T625 42 101 452 609 557 8052 prof svc 768.00 T625 43 101 452 609 557 8049 prof svc 192.00 T625 44 101 452 609 557 8046 prof svc 144.00 T625 45 101 452 609 557 8048 prof svc 192.00 T625 46 VENDOR TOTAL 4360.00 501 501 619 649 602-3291 supplies 62.48 T625 47 101 454 703 847 602-3291 supplies 95.06 T625 48 VENDOR TOTAL 157.54 101 451 641 000 mileage reimb 66.82 T625 49 VENDOR TOTAL 66.82 101 151 607 000 23084066 armored car 265.00 T625 51 VENDOR TOTAL 265.00 101 453 617 000 53299 uniform svc 61.02 T625 52 101 454 617 000 53299 uniform svc 36.15 T625 53 101 453 617 000 51313 uniform svc 52.89 T625 54 101 454 617 000 51313 uniform svc 31.02 T625 55 101 357 617 000 55293 uniform svc 7.00 T625 56 101 353 617 000 53300 uniform svc 48.90 T625 57 101 357 617 000 53301 uniform svc 7.00 T625 58 VENDOR TOTAL 243.98 401 682 609 671 10 miraflores 117675.57 T625 60 401 682 668 558 10 miraflores 1127.50 T625 61 401 683 609 671 8 miraflores 42700.87 T625 62 VENDOR TOTAL 161503.94 101 000 437 000 229 refund 46.00 T625 63 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 5 VENDOR ACCOUNT NUMBER INV, INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 46.00 COA023 COACHELLA VLLY ENGINEERS 401 650 609 000 1694 prof Svc 750.00 T625 64 COA023 COACHELLA VLLY ENGINEERS 401 647 609 000 1670 prof Svc 750.00 T625 65 VENDOR TOTAL 1500.00 COA085 COACHELLA VALLEY WATER 101 454 631 632 water svc 168.89 T625 66 VENDOR TOTAL 168.89 COM015 COMPUTER U LEARNING CENTR 101 202 609 592 1720 comp classes 1143.75 T625 69 COM015 COMPUTER U LEARNING CENTR 101 202 609 592 1721 comp classes 131.25 T625 70 VENDOR TOTAL 1275.00 COM020 COMPUTER PROTECTION TECH 101 357 609 607 5364-PMA maint svc agrmt 2832.50 T625 68 VENDOR TOTAL 2832.50 COM040 COMMERCIAL LIGHTING IND 101 454 703 847 8153 supplies 404.07 T625 67 VENDOR TOTAL 404.07 C00050 J P COOKE CO, THE 101 351 701 000 879833 stamp supplies 108.78 T625 159 VENDOR TOTAL 108.78 COR020 ESEQUIEL CORONEL 101 000 418 000 permit ovrpmt 514.40 T625 72 COR020 ESEQUIEL CORONEL 101 000 421 000 permit ovrpmt 53.20 T625 73 COR020 ESEQUIEL CORONEL 101 000 420 000 permit ovrpmt 111.47 T625 74 COR020 ESEQUIEL CORONEL 101 000 419 000 permit ovrpmt 102.00 T625 75 COR020 ESEQUIEL CORONEL 101 000 241 000 permit ovrpmt 8.08 T625 76 COR020 ESEQUIEL CORONEL 101 000 423 000 permit ovrpmt 16.00 T625 77 COR020 ESEQUIEL CORONEL 225 000 443 342 permit ovrpmt 1771.17 T625 78 COR020 ESEQUIEL CORONEL 101 000 441 345 permit ovrpmt 20.00 T625 79 COR020 ESEQUIEL CORONEL 701 000 255 000 permit ovrpmt 1.93 T625 80 VENDOR TOTAL 2598.25 L� COS050 COSTCO BUSINESS DELIVERY 101 153 703 802 822-3016 supplies 316.04 T625 82 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 6 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 316.04 COS060 COSTCO WHOLESALE STORE 101 251 855 000 camera 197.66 T625 81 VENDOR TOTAL 197.66 DAR100 DARTNELL CORPORATION 101 251 651 000 2151541 supplies 21.45 T625 84 DAR100 DARTNELL CORPORATION 101 251 651 000 2151542 supplies 16.45 T625 85 VENDOR TOTAL 37.90 DES060 DESERT SUN PUBLISHING CO 101 251 605 000 1451847 legal ads 6711.52 T625 94 VENDOR TOTAL 6711.52 DES065 DESERT TEMPS INC 101 102 505 534 53114 temp secs 653.60 T625 86 DES065 DESERT TEMPS INC 101 351 505 534 53114 temp Svcs 560.00 T625 87 DES065 DESERT TEMPS INC 101 452 505 534 53114 temp secs 412.80 T625 88 DES065 DESERT TEMPS INC 101 351 505 534 53066 temp Svcs 560.00 T625 89 DES065 DESERT TEMPS INC 101 202 505 534 53066 temp Svcs 636.40 T625 90 DES065 DESERT TEMPS INC 101 351 505 534 53156 temp Svcs 560.00 T625 91 DES065 DESERT TEMPS INC 101 102 505 534 53156 temp Svcs 645.00 T625 92 DES065 DESERT TEMPS INC 101 452 505 534 53156 temp Svcs 688.00 T625 93 VENDOR TOTAL 4715.80 DIE020 D HERNANDEZ DBA DIEGO'S 101 352 609 615 171503 lot cleaning 800.00 T625 96 VENDOR TOTAL 800.00 DMG100 DMG MAXIMUS 101 451 603 000 10 prof svc 4323.69 T625 97 VENDOR TOTAL 4323.69 DOU010 DOUBLE PRINTS 1 HR PHOTO 101 253 703 000 129913 photo dev 14.34 T625 98 VENDOR TOTAL 14.34 DRE100 DRESCO REPRODUCTION INC 101 456 703 000 69968 binding svc 90.49 T625 99 VENDOR TOTAL 90.49 V 1 EAG100 EAGLE/HOUSEHOLD BANK FSB 101 357 853 000 6977630 patio heater 3477.98 T62.5 100 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 7 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 3477.98 EQU010 DALE. EQUITZ 101 351 609 000 hearing svc 45.00 T625 101 VENDOR TOTAL 45.00 EVA100 GUY EVANS 101 104 853 000 37436 contract svcs 311.50 T625 121 EVA100 GUY EVANS 101 104 853 000 37435 contract svcs 2803.50 T625 122 VENDOR TOTAL 3115.00 FAH100 LORI FAHNESTOCK 101 000 437 000 299 refund 90.00 T625 102 VENDOR TOTAL 90.00 FEDO10 FEDERAL EXPRESS CORP 401 649 605 532 7-5479-6 express mail 49.75 T625 103 FEDO10 FEDERAL EXPRESS CORP 401 657 605 532 7-5479-6 express mail 40.75 T625 104 FEDO10 FEDERAL EXPRESS CORP 401 649 605 532 7-549-61 express mail 233.75 T625 105 FEDO10 FEDERAL EXPRESS CORP 101 153 645 000 7-549-61 express mail 349.75 T625 106 FEDO10 FEDERAL EXPRESS CORP 401 657 605 532 7-549-61 express mail 653.75 T625 107 VENDOR TOTAL 1327.75 FRE100 JOHN FREELAND 101 456 641 000 mileage reimb 48.00 T625 108 VENDOR TOTAL 48.00 GEO010 GEORGE'S GOODYEAR 501 501 619 649 32119 tire svc 10.00 T625 110 GEO010 GEORGE'S GOODYEAR 501 501 619 649 31976 tire svc 64.15 T625 ill VENDOR TOTAL 74.15 GTE010 GTE CALIFORNIA 101 153 635 000 phone svc 43.36 T625 113 GTE010 GTE CALIFORNIA 101 153 635 000 phone svc 28.42 T625 114 GTE010 GTE CALIFORNIA 101 153 635 000 phone svc 2843.49 T625 115 GTE010 GTE CALIFORNIA 101 454 635 664 phone svc 31.11 T625 116 GTE010 GTE CALIFORNIA 101 454 631 663 phone svc 27.46 T625 117 �..` h*� GTE010 GTE CALIFORNIA 101 153 635 000 phone svc 46.95 T625 118 c: GTE010 GTE CALIFORNIA 101 153 635 000 phone svc 341.83 T625 119 VENDOR TOTAL 3366.62 GTE020 GTE TELEPHONE OPERATIONS 101 153 609 000 6333112- t-1 internet line 513.61 T625 109 Cori ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 8 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 513.61 GUM050 BRAD GUMMER 101 253 609 592 comp classes 850.50 T625 120 VENDOR TOTAL 850.50 HEGO50 JIM HEGGE 101 357 621 000 7626 prof svc 200.00 T625 124 HEG050 JIM HEGGE 101 104 853 000 7624 prof svc 1645.00 T625 125 HEG050 JIM HEGGE 101 357 621 000 7625 prof svc 165.00 T625 126 VENDOR TOTAL 2010.00 HEN050 TERRY HENDERSON 101 000 133 000 travel-ca cities 1030.00 T625 127 VENDOR TOTAL 1030.00 HER050 RACHEL HERMANSON 101 253 609 592 art classes 735.00 T625 128 VENDOR TOTAL 735.00 HIG010 HIGH TECH IRRIGATION INC 101 454 703 847 401648 prof svc 76.24 T625 129 HIG010 HIGH TECH IRRIGATION INC 101 454 703 847 401649 prof svc 42.15 T625 130 HIG010 HIGH TECH IRRIGATION INC 101 454 703 847 401158 prof svc 25.04 T625 131 VENDOR TOTAL 143.43 HIT001 HITT MARKING DEVICES, INC 101 151 855 000 132073 date stamper 668.32 T625 132 VENDOR TOTAL 668.32 HOA010 HUGH HOARD INC 101 357 618 644 25193 a/c svc 14233.09 T625 145 VENDOR TOTAL 14233.09 HOM030 HOME DEPOT 101 454 703 847 supplies 192.65 T625 133 HOM030 HOME DEPOT 101 454 703 847 supplies 37.41 T625 134 HOM030 HOME DEPOT 101 454 703 847 supplies 53.98 T625 135 HOM030 HOME DEPOT 101 454 703 847 supplies 11.38 T625 136 HOM030 HOME DEPOT 101 454 703 847 supplies 64.42 T625 137 HOM030 HOME DEPOT 101 454 703 847 supplies 59.67 T625 138 HOM030 HOME DEPOT 501 501 619 649 supplies 108.78 T625 139 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR HOM030 HOME DEPOT HOM030 HOME DEPOT HOM030 HOME DEPOT HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL HON050 DAWN C HONEYWELL H00050 FAYE HOOPER HOP100 NANCY HOPKINS ICBO10 ICBO ICBO10 ICBO (} ICBO10 ICBO TO -BE PAID INVOICES 3:19PM 07/13/99 FOR BANK ID - DEF PAGE 9 ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH NUMBER DESCRIPTION AMOUNT 101 454 703 847 supplies 114.34 T625 101 454 703 847 supplies 97.87 T625 101 357 703 000 supplies 31.51 T625 VENDOR TOTAL 772.01 101 101 601 000 LEGAL- 1588.41 T627 405 902 601 000 LEGAL- 469.48 T627 406 905 601 000 LEGAL- 234.81 T627 245 903 601 000 LEGAL- 150.30 T627 244 913 601 000 LEGAL- 319.42 T627 246 906 601 000 LEGAL- 96.21 T627 247 916 601 000 LEGAL- 138.46 T627 101 101 601 000 RETAINER- 5000.00 T627 405 902 601 000 RETAINER- 1666.50 T627 406 905 601 000 RETAINER- 833.50 T627 245 903 601 000 RETAINER- 533.50 T627 244 913 601 000 RETAINER- 1133.50 T627 246 906 601 000 RETAINER- 341.50 T627 247 916 601 000 RETAINER- 491.50 T627 246 906 601 000 LEGAL- 381.82 T627 247 916 601 000 LEGAL- 549.59 T627 406 905 601 000 LEGAL- 243.00 T627 101 101 601 000 JEFFERSON StREET 175.50 T627 VENDOR TOTAL 14347.00 101 202 609 592 ceramics class 75.00 T625 VENDOR TOTAL 75.00 101 253 609 592 internet class 231.00 T625 VENDOR TOTAL 231.00 101 201 651 000 0-998428 code books 686.96 T625 101 354 651 000 0-998427 code books 59.75 T625 101 354 651 000 0-998427 code books 48.49 T625 TRAN NO. 140 141 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 143 144 146 147 148 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEE PAGE 10 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 795.20 IMPO10 IMPERIAI, IRRIGATION DIST 401 650 609 553 water svc 4.90 T625 149 IMPO10 IMPERIAL IRRIGATION DIST 401 632 609 553 water svc 4.11 T625 150 IMPO10 IMPERIAL IRRIGATION DIST 401 642 609 553 water svc 116.82 T625 151 IMPO10 IMPERIAL IRRIGATION DIST 401 642 609 553 water svc 4.11 T625 152 IMPO10 IMPERIAL IRRIGATION DIST 101 454 627 619 water svc 269.56 T625 153 IMPO10 IMPERIAL IRRIGATION DIST 101 454 627 632 water svc 112.93 T625 154 IMPO10 IMPERIAL IRRIGATION DIST 101 454 627 619 water svc 184.80 T625 155 VENDOR TOTAL 697.23 IMP150 IMPERIAL SIGN CO INC 101 357 621 000 2597 sign svc 260.00 T625 156 VENDOR TOTAL 260.00 IND030 INDIO SHOE STORE INC 101 453 703 827 6384 safety shoes 188.50 T625 157 VENDOR TOTAL 188.50 JAS100 JAS PACIFIC 101 354 605 547 PC5126 prof Svc 517.00 T625 158 VENDOR TOTAL 517.00 JPRO10 JP REPROGRAPHICS 401 657 605 532 7870 printing svc 330.19 T625 160 JPRO10 JP REPROGRAPHICS 401 664 605 532 66122 printing svc 450.39 T625 161 JPROIO JP REPROGRAPHICS 401 657 605 532 66123 printing svc 330.79 T625 162 JPRO10 JP REPROGRAPHICS 401 688 605 532 7881 printing svc 517.89 T625 163 JPRO10 JP REPROGRAPHICS 401 657 605 532 7984 printing svc 213.41 T625 164 JPRO10 JP REPROGRAPHICS 401 688 605 532 3593 printing svc 93.89 T625 165 JPRO10 JP REPROGRAPHICS 401 688 605 532 8124 printing svc 523.13 T625 166 JPRO10 JP REPROGRAPHICS 401 688 605 532 8125 printing svc 805.01 T625 167 JPRO10 JP REPROGRAPHICS 401 688 605 532 8285 printing svc 39.01 T625 168 JPRO10 JP REPROGRAPHICS 401 688 605 532 8286 printing svc 517.90 T625 169 JPRO10 JP REPROGRAPHICS 401 686 605 532 3075 printing svc 401.52 T625 170 VENDOR TOTAL 4223.72 l� KELO10 KELLY SERVICES INC 101 452 505 534 24156247 temp svc 1067.43 T625 171 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 11 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. KELO10 KELLY SERVICES INC 101 401 505 534 24156130 temp svc 572.80 T625 172 KELO10 KELLY SERVICES INC 101 452 505 534 23162498 temp svc 1094.80 T625 173 KEL01.0 KELLY SERVICES INC 101 401 505 534 23162378 temp svc 343.68 T625 174 VENDOR TOTAL 3078.71 KIN050 FINED'S 101 402 647 000 31010011 printing svc 213.35 T625 176 VENDOR TOTAL 213.35 KIN100 KINER/GOODSELL ADVERTISNG 406 905 603 595 8857 market svc 915.88 T625 1.75 VENDOR TOTAL 915.88 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 219 prof svc 168.00 T625 177 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 213 prof svc 882.00 T625 178 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 215 prof svc 420.00 T625 179 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 214 prof svc 168.00 T625 180 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 212 prof svc 588.00 T625 181 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 220 prof svc 42.00 T625 182 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 216 prof svc 294.00 T625 183 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 217 prof svc 966.00 T625 184 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 207 prof svc 924.00 T625 185 KRI100 BRUCE KRIBBS CONSTRUCTION 101 454 609 000 218 prof svc 168.00 T625 186 VENDOR TOTAL 4620.00 KUN100 MARNI KUNSMAN 101 251 637 000 reimb kunsman 44.00 T625 187 VENDOR TOTAL 44.00 KUS050 KUSTOM SIGNALS INC 101 301 855 000 LLEBG-radar unit 4152.60 T625 188 VENDOR TOTAL 4152.60 LAQ065 LA QUINTA HISTORICAL SOC 101 251 663 657 comm svc grant 131.00 T625 189 VENDOR TOTAL 131.00 LAQ100 LA QUINTA VOLUNTEER FIRE 101 356 609 580 jun99 svc 327.50 T625 190 VENDOR TOTAL 327.50 LOS050 LOS ANGELES TIMES 101 201 651 000 newspaper 49.68 T625 191 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANE ID - DEE PAGE 12 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 49.68 LUC050 LUCENT TECHNOLOGIES 101 153 609 608 20003617 monthly svcs 1681.45 T625 192 VENDOR TOTAL 1681.45 LUN050 LUNDEEN PACIFIC CORP 101 251 609 634 5162 prof svc 1013.00 T625 193 LUN050 LUNDEEN PACIFIC CORP 101 251 621 817 5162 prof svc 1417.00 T625 1.94 LUN050 LUNDEEN PACIFIC CORP 101 454 609 000 5285 prof svc 30994.29 T625 195 LUN050 LUNDEEN PACIFIC CORP 101 454 609 000 5311 prof svc 257.94 T625 196 LUN050 LUNDEEN PACIFIC CORP 101 454 609 000 5310 prof svc 971.64 T625 197 VENDOR TOTAL 34653.87 MAR010 MARTIN & CHAPMAN CO 101 201 703 000 99391 minute books 389.67 T626 1 VENDOR TOTAL 389.67 MAZO50 MAZDA SUPERSTORE 501 501 619 649 47382 fleet maint 535.74 T626 2 VENDOR TOTAL 535.74 MCK010 McKESSON WATER PRODUCTS 101 153 703 882 1616770- water svc 130.75 T626 82 MCK010 McKESSON WATER PRODUCTS 101 153 703 882 1612855- water svc 144.00 T626 83 MCK010 McKESSON WATER PRODUCTS 101 153 703 882 1613957- water svc 268.45 T626 84 VENDOR TOTAL 543.20 MUN010 MUNI FINANCIAL SERV INC 710 000 267 000 15318 prof svc 360.29 T626 3 MUN010 MUNI FINANCIAL SERV INC 715 000 267 000 15318 prof svc 456.27 T626 4 MUN010 MUNI FINANCIAL SERV INC 720 000 267 000 15318 prof svc 476.23 T626 5 MUN010 MUNI FINANCIAL SERV INC 725 000 267 000 15318 prof svc 770.93 T626 6 MUN010 MUNI FINANCIAL SERV INC 730 000 267 000 15318 prof svc 597.42 T626 7 MUN010 MUNI FINANCIAL SERV INC 735 000 267 000 15318 prof svc 210.84 T626 8 VENDOR TOTAL 2871.98 NAT030 NATL RECREATION & PARK 101 251 637 000 subscription 370.00 T626 10 G.i VENDOR TOTAL 370.00 NAW010 RON NAWROCKI 401 664 609 553 9770 signs 1000.00 T626 11 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANE ID - DEF PAGE 13 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 1000.00 NEW200 NEW & RECYCLED PROMITIONS 101 402 605 542 652 supplies 269.01 T626 12 VENDOR TOTAL 269.01 PCM050 PC MAGAZINE 101 153 651 000 subscription 29.97 T626 13 VENDOR TOTAL 29.97 PCR100 PCR 101 000 261 000 99-3825 prof svc 19752.00 T626 14 VENDOR TOTAL 19752.00 PEN010 JOHN PENA 101 000 133 000 travel ca cities 575.00 T626 15 VENDOR TOTAL 575.00 PIT015 PITNEY BOWES 101 153 609 602 3089206- maint svc 616.10 T626 16 VENDOR TOTAL 616.10 PR1070 PRINTING SOLUTIONS 101 354 647 000 5852 printing svc 589.05 T626 17 VENDOR TOTAL 589.05 PRY100 PRYOR RESOURCES INC 101 251 651 000 9698601 seminar 122.67 T626 18 PRY100 PRYOR RESOURCES INC 101 251 651 000 9717841 ref manual 43.05 T626 19 PRY100 PRYOR RESOURCES INC 101 151 701 000 9717862 ref manual 43.05 T626 20 VENDOR TOTAL 208.77 RAH050 RICH RAHN 101 253 609 592 dance class 252.00 T626 21 VENDOR TOTAL 252.00 RAS020 RASA - ERIC NELSON 101 452 609 557 1634 prof svc 395.00 T626 22 RAS020 RASA - ERIC NELSON 101 452 609 557 1664 prof svc 465.00 T626 23 RAS020 RASA - ERIC NELSON 101 452 609 557 1662 prof svc 615.00 T626 24 RAS020 RASA - ERIC NELSON 101 452 609 557 1671 prof svc 615.00 T626 25 `J VENDOR TOTAL 2090.00 S� RFCO20 RECY-CAL SUPPLY CO 101 402 605 542 15296-15 supplies 244.94 T626 26 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR ACCOUNT NUMBER RIV100 RIVERSIDE COUNTY SHERIFFS 101 301 609 574 RJTO10 RJT HOMES, LLC RJTO10 RJT HOMES, LLC RJTO10 RJT HOMES, LLC RJTO10 RJT HOMES, LLC RJTO1.0 RJT HOMES, LLC RJTO10 RJT HOMES, LLC RJTO10 RJT HOMES, LLC RJTO10 RJT HOMES, LLC RJTO10 RJT HOMES, LLC ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP ROSO10 ROSENOW SPEVACEK GROUP RUT050 RUTAN & TUCKER RUT050 RUTAN & TUCKER RUT050 RUTAN & TUCKER RUT050 RUTAN & TUCKER N 101 000 418 000 101 000 439 318 101 000 421 000 101 000 420 000 101 000 419 000 101 000 241 000 101 000 423 000 225 000 443 342 701 000 255 000 245 903 683 00 245 903 683 00 405 902 603 00 406 905 603 00 247 916 603 00 101 103 605 82 245 903 603 00 245 903 603 00 245 903 603 00 245 903 603 00 244 913 603 00 244 913 603 00 101 101 601 52 405 902 601 52 406 905 601 52 245 903 601 52 TO -BE PAID INVOICES 0 0 0 0 0 2 0 0 0 0 0 0 3 3 3 3 3:49PM 07/13/99 FOR BANK ID - DEF PAGE 14 INV. INVOICE PAYMENT BATCH NUMBER DESCRIPTION AMOUNT VENDOR TOTAL 244.94 99-15486 booking fees 3643.20 T626 VENDOR TOTAL 3643.20 prmt refund 1614.00 T626 prmt refund 331.01 T626 prmt refund 162.80 T626 prmt refund 247.80 T626 prmt refund 269.60 T626 prmt refund 32.85 T626 prmt refund 32.00 T626 prmt refund 7327.13 T626 prmt refund 421.41 T626 VENDOR TOTAL 10438.60 879fir.0 appraisal fee 300.00 T626 appraisal fee 300.00 T626 BUDGET CASH FLOW 225.00 T628 BUDGET CASH FLOW 225.00 T628 CATELLUS IMPLEMENTATION 2161.25 T628 ECON DEV 15700.63 T628 ASSMT SUB ADMIN 2234.61 T628 LQ HOUSING 3645.00 T628 NEW HOUSING 450.09 T628 RENTAL HOUSING 97.50 T628 48TH/ADAMS PLANNING 513.75 T628 NEW HOUSING 899.91 T628 VENDOR TOTAL 26752.74 GEN LIT 165.95 T629 GEN LIT 24.79 T629 GEN LIT 12.49 T629 GEN LIT 8.01 T629 TRAN NO. 27 28 29 30 31 32 33 34 35 36 37 38 19 20 21 22 23 24 25 26 27 28 50 51 52 53 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 15 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. RUT050 RUTAN & TUCKER 244 913 601 523 GENERAL -LIT 16.96 T629 54 RUT050 RUTAN & TUCKER 246 906 601 523 GENERAL -LIT 5.03 T629 55 RUT050 RUTAN & TUCKER 247 916 601 523 GENERAL -LIT 7.27 T629 56 RUT050 RUTAN & TUCKER 101 101 601 000 GENERAL 469.85 T629 57 RUT050 RUTAN & TUCKER 405 902 601 000 GENERAL 138.87 T629 58 RUT050 RUTAN & TUCKER 406 905 601 000 GENERAL 69.46 T629 59 RUT050 RUTAN & TUCKER 245 903 601 000 GENERAL 44.46 T629 60 RUT050 RUTAN & TUCKER 244 913 601 000 GENERAL 94.46 T629 61 RUT050 RUTAN & TUCKER 246 906 601 000 GENERAL 28.46 T629 62 RUT050 RUTAN & TUCKER 247 916 601 000 GENERAL 40.96 T629 63 RUT050 RUTAN & TUCKER 101 101 601 000 PERSONNEL 3256.81 T629 64 RUT050 RUTAN & TUCKER 101 101 601 000 EMINENT DOMAIN 1819.83 T629 65 RUT050 RUTAN & TUCKER 101 101 601 000 CODE ENFORCE 854.90 T629 66 RUT050 RUTAN & TUCKER 101 101 601 000 CABLE TV 1243.00 T629 67 RUT050 RUTAN & TUCKER 101 101 601 523 GEN/KSL/JMP 111.00 T629 68 RUT050 RUTAN & TUCKER 101 101 601 523 A. FERNANDEZ 273.38 T629 69 RUT050 RUTAN & TUCKER 101 101 601 523 CVWD-L 770.90 T629 70 VENDOR TOTAL 9456.84 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-185 prof Svc 280.00 T626 40 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-184 prof svc 280.00 T626 41 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-183 prof svc 1400.00 T626 42 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-182 prof svc 3150.00 T626 43 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-181 prof svc 1330.00 T626 44 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-180 prof svc 70.00 T626 45 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-179 prof svc 3150.00 T626 46 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-186 prof svc 1260.00 T626 47 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-187 prof svc 700.00 T626 48 SAX100 SAXON ENGINEERING SERVICE 101 354 605 547 99-188 prof svc 1120.00 T626 49 VENDOR TOTAL 12740.00 SEC050 SECURITY LINK/AMERITECH 101 357 609 640 34411329 alarm svc 241.14 T626 50 SEC050 SECURITY LINK/AMERITECH 101 357 609 640 34411330 alarm svc 100.77 T626 51 VENDOR TOTAL 341.91 SHA010 SHADOW PALMS GARDENING 101 453 621 616 257 sweep svc 150.00 T626 52 N ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 16 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 150.00 SMA010 SMART & FINAL 101 101 637 000 32646 supplies 264.68 T626 54 VENDOR TOTAL 264.68 SM1010 MARILYN SMITH 101 202 641 000 mileage reimb 53.95 T630 1 VENDOR TOTAL 53.95 SM0010 DONNALDA SMOLENS 101 202 609 592 art classes 125.00 T626 55 VENDOR TOTAL 125.00 S00010 THE SOCO GROUP INC 501 501 619 646 559856 fuel 84.78 T626 56 VENDOR TOTAL 84.78 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906059 network svc 330.00 T626 60 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906071 network svc 440.00 T626 61 SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906162 network svc 398.75 T626 62 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906164 network svc 398.75 T626 63 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906145 network svc 426.25 T626 64 SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906148 network svc 247.50 T626 65 SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906040 network svc 357.50 T626 66 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906185 network svc 343.75 T626 67 S00007 SOUTHWEST NETWORKS, INC 101 153 703 811 9906185 supplies 12.34 T626 68 S00007 SOUTHWEST NETWORKS, INC 101 153 703 811 9906121 supplies 27.91 T626 69 SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906121 network svc 426.25 T626 70 S00007 SOUTHWEST NETWORKS, INC 101 153 703 811 9906186 supplies 113.51 T626 71 SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 99061B6 network svc 440.00 T626 72 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906187 network svc 357.50 T626 73 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906103 network svc 371.25 T626 74 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9905183 inv9905183 adj 27.50 T626 75 SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906045 network svc 192.50 T626 76 S00007 SOUTHWEST NETWORKS, INC 101 153 609 601 9905142 network svc 536.25 T626 77 C ' SOU007 SOUTHWEST NETWORKS, INC 101 153 609 601 9906046 network svc 467.50 T626 78 J� SOU007 SOUTHWEST NETWORKS, INC 101 153 703 811 9906206 supplies 69.93 T626 79 4�& ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 17 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 5984.94 SOU010 SOUTHERN CALIF GAS CO 101 357 629 000 utilities 180.45 T626 57 SOU010 SOUTHERN CALIF GAS CO 245 903 683 677 utilities 12.02 T626 58 SOU010 SOUTHERN CALIF GAS CO 101 202 629 000 utilities 38.80 T626 59 VENDOR TOTAL 231.27 SPI010 CRISTAL SPIDELL 101 251 641 000 mileage reimb 33.28 T630 2 VENDOR TOTAL 33.28 SPRO10 SPRINT 101 153 635 000 phone svc 896.38 T626 85 SPRO10 SPRINT 101 153 635 000 phone svc 43.26 T626 86 VENDOR TOTAL 939.64 STA020 STANDARD REGISTER 101 151 647 000 3774600 check stock 235.60 T626 88 VENDOR TOTAL 235.60 STA045 STAN'S AUTO TECH 501 501 619 649 9498 fleet maint 336.10 T626 87 VENDOR TOTAL 336.10 STA050 STAPLES 101 153 703 811 906281-6 supplies 104.50 T626 89 STA050 STAPLES 101 451 701 000 906281-6 supplies 44.11 T626 90 VENDOR TOTAL 148.61 SUN075 SUNLINE TRANSIT AGENCY 101 000 203 219 13402 bus passes 332.00 T626 91 VENDOR TOTAL 332.00 SZE100 SHARON SZESNY 101 253 609 592 aerobic class 17.50 T626 92 SZF100 SHARON SZESNY 101 253 609 592 aerobic class 525.00 T626 9i VENDOR TOTAL 542.50 L' TEL050 TELECOM DISTRIBUTION SVC 101 153 635 000 14096 comm svc 387.57 T626 94 VENDOR TOTAL 367.57 TER020 TERA-STORAGE SOLUTIONS IN 101 201 703 811 744 supplies 290.00 T626 9 :J1 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 18 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 290.00 TOPO10 TOPS'N BARRICADES INC 101 453 103 827 927004 supplies 22.73 T626 97 TOPO10 TOPS'N BARRICADES INC 101 454 703 827 927004 supplies 22.74 T626 98 TOPO10 TOPS'N BARRICADES INC 101 453 703 849 926945 supplies 57.11 T626 99 TOPO10 TOPS'N BARRICADES INC 101 453 703 847 927024 supplies 17.78 T626 100 TOPO10 TOPS'N BARRICADES INC 101 453 703 847 926904 supplies 7.50 T626 101 VENDOR TOTAL 127.86 TRA020 TRANSAMERICA 101 351 609 000 33908 metro scan 140.75 T626 102 VENDOR TOTAL 140.75 TRU010 TRULY NOLEN INC 101 357 609 637 069-7865 pest control 86.00 T626 103 TRU010 TRULY NOLEN INC 101 202 609 637 069-8063 pest control 75.00 T626 104 VENDOR TOTAL 161.00 TTI100 TTI NATIONAL INC 101 153 635 660 30003702 mo svc 7.96 T626 105 VENDOR TOTAL 7.96 ULT100 ULTIMATE INTERNET ACC INC 101 153 609 000 monthly svc 20.00 T626 106 ULT100 ULTIMATE INTERNET ACC INC 101 153 609 000 monthly svc 20.00 T626 107 VENDOR TOTAL 40.00 UNDO10 UNDERGROUND SERVICE ALERT 101 452 609 595 99030371 monthly svc 110.00 T626 108 UNDO10 UNDERGROUND SERVICE ALERT 101 452 609 595 99040373 monthly svc 125.00 T626 109 UNDO10 UNDERGROUND SERVICE ALERT 101 452 609 595 99050371 monthly svc 168.75 T626 110 VENDOR TOTAL 403.75 US0100 US OFFICE PRODUCTS 101 351 701 000 01018051 supplies 37.34 T626 ill US0100 US OFFICE PRODUCTS 101 351 701 000 01AA2661 supplies 21.27 T626 112 USO100 US OFFICE PRODUCTS 101 151 701 000 OIAA7671 supplies 147.26 T626 113 USO100 US OFFICE PRODUCTS 101 151 701 000 01AA7025 supplies 44.05 T626 114 US0100 US OFFICE PRODUCTS 101 201 703 000 01014765 supplies 51.00 T626 115 VENDOR TOTAL 300.92 VERO10 ROMANO VERLENGIA 101 452 641 000 mileage reimb 38.02 T626 116 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 3:49PM 07/13/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 19 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 38.02 VID050 VIDEO DEPOT 101 202 703 000 movie rental 15.00 T626 117 VENDOR TOTAL 15.00 VIK010 VIKING OFFICE PRODUCTS 101 102 701 000 425473 supplies 128.68 T626 118 VENDOR TOTAL 128.68 VON010 VON'S C/O SAFEWAY INC 101 452 637 000 58979 supplies 63.26 T626 119 VON010 VON'S C/O SAFEWAY INC 401 672 605 000 58979 supplies 63.26 T626 120 VON010 VON'S C/O SAFEWAY INC 101 101 637 000 58985 supplies 53.15 T626 121 VENDOR TOTAL 179.67 WAL010 WAL MART STORES INC 101 201 703 000 4006187 supplies 21.45 T626 123 WAL010 WAL MART STORES INC 101 352 703 823 4006045 supplies 119.03 T626 124 WAL010 WAL MART STORES INC 101 357 705 000 4006045 supplies 22.17 T626 125 VENDOR TOTAL 162.65 WAR060 WARNER ENGINEERING 246 906 684 000 29356 prof Svc 4818.32 T626 126 VENDOR TOTAL 4818.32 WEL100 PATRICK WELCH 101 000 133 000 p. welch travel -267.00 T626 129 WEL100 PATRICK WELCH 101 251 637 000 p. welch travel 273.40 T626 130 VENDOR TOTAL 6.40 WES020 WEST GROUP 101 201 651 000 36045-63 code books 98.32 T626 128 VENDOR TOTAL 98.32 WHE050 WHEELER'S 101 102 651 000 subscription 105.00 T626 131 VENDOR TOTAL 105.00 WIL010 WILLDAN ASSOCIATED 101 354 605 547 4005967 prof svc 982.57 T626 132 VENDOR TOTAL 982.57 XER010 XEROX CORPORATION 101 153 609 604 06937464 gtrly svc 95.00 T626 133 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR XERO10 XEROX CORPORATION XERO10 XEROX CORPORATION TO -BE PAID INVOICES FOR BANK ID - DEF ACCOUNT NUMBER INV. INVOICE NUMBER DESCRIPTION 101 153 609 604 06937464 qtrly svc 101 153 609 604 58448887 copier lease VENDOR TOTAL 3:49PM 07/13/99 PAGE 20 PAYMENT BATCH TRAN AMOUNT NO. 58.75 T626 134 1240.95 T626 135 1394.70 YOU100 YOUNG ENGINEERING SERVICE 101 354 605 547 99-100 prof svc 4900.00 T626 136 VENDOR TOTAL 4900.00 ZUR050 ZUMAR INDUSTRIES ING 101 453 703 849 18813 supplies 1149.15 T626 137 VENDOR TOTAL 1149.15 TO -BE PAID - PAYMENT TOTAL 422,191.94 CIO 00 zn n> W W W W W W W W W W W W W W W W W W W W W (1) W W W W Cl) W W C x " n J J J J J J J J J J J ] l ] J ] ] ] J J J J J J J �] J J L7 3 n rnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrn tdn CO OJ Co co co co co -J �l J J �l J J J J —1 m m 6l m m Ol m 61 Ol m ()I UFl Un CT7 C U, X, W N F-' O l0 M J Ol U-1 W N" O 1-0 OD J 61 Ui W N I- O l0 (b -J O Z -3 Cn r b (� C7,> H aJ zr O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 + H LTJ n ',Iy NNNNNNNNNNNNNNNNNNNNNNNNNNNNN '� ',b LTJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H n \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ lO to lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO lO l0 n l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 lfl �D l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 lfl l0 l0 l0 x O C7 O n (n Cn CTJ :31:EcC HMm(n(n�urb00zC-A mnnLzJww >> t1 Hxcnz nHHxn>>crHnnc>c>C>rHLTJcz �?,r r� z 21H0HC>>>MM0FA"n3C7CnM G-)>U>G-)�KlHH LJr O C) CD OOOO CD"CD FAN CD CD F O 0000000 Ni-- n I-'F CDC) -IN.i�OOI000OH U-1OHOF H61HOW W CD C) U) b7 x 000 1�, OCTi000000000000000000J0000 LTJ > LTJ CJ n rTJ 0 C H n n :E IF] C C H M (n ;O M C-a rr1 0 0 Z r C-A n n C-4 W C- > > C7 L�7 x Hx(nz�OHHon>>CL--l"Mnc>>> >>"Mcz�r LT] ZH HC>>(nLTJn0 -3HnW mU)H0 (:C G)rT7HHLTJr "i u H C-) (n i-3 0 �-3 r 2i 2i " m H 0 2i L-i u -] x t-' m '7 0 X :(7 H Zu �g O CJ HL'I"I7 11i< -uH,> z02O N"00rij i7LTJ,TJHw> > H> H L'I�u LTIH O Cn>> L1J00 wN:Ex>�-C\ r r vZ Z '-lLl y ZCnH Z w w2: cn PI nzxlc0c >mT -3 wn H � 0 ncn0(n wz LTJ03rCnH 0 2 cwLTJLTJHPI H HcnLTJ 3rC x >LTJMm2n rHrT]xC HLTl�ArC a Jy > H �-3 LTi -1 �J > Cn H LTJ (n - Q H C W rTJ r 0 H LTJ LTJ Cn r r �JLTJ vHZOL'� 3:�i:w> HyznrLTi O c zH v rTJ H C i LTJ U LTJ GJ H C 0 G� C7 r � � r x ZJ- (nrOCnHHHtn cn'w LTJHr>r 0 3 yC�rC�ZC Z r� z LTJ co (n x n rT7 > �J (n r �1) to z H H S C tJnnH rl LTIn;oZCJ a to �-3(nnn rTJn m S, n0 xL'i 2 (U)M TJn (nH C to 0K 0L'i z H U) > Z� z tb b 3 3 (nH ZHFA n ti 0 n > zN z r Lo r H + r d o �o (z x �-c H H U] fJ H r 2' C 3 > J C] H n H C G-) Cn (n n (n 0 n o cn rzJ C) OD 3 W F J > r� l0 � > O W N F O N— W N W H W W W N N 0 k-C G� 1 l0 W Un M O 6l 6l O U N CTn W O M N CTi O W (Jn r A Ol (J1 61 Ol F-' O (-P M C [T7 H W O J O W W O O Un O N O" O O �] Up J O lD X, l0 O .A O Ol N W (T Z 'CD 'CD 'CD 'CD 'CD F Ol 100 PCD 000JUl06106 0 W CI W W \ 1-0 X, 0 CO 0 0 J 0 0 0 0 W O .i, 0 0 Un 0 0 0 F O W O XA O �7 0 (J-1 M l0 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 8:09PM 07/10/99 CITY OF LA QUINTA FOR BANE ID - DFF PAGE 1 VENDOR ACCOUNT NUMBER. INV. INVOICE PAYMENT BATCH TRAN HUMBFR DESCRIPTION AMOUNT NO. AL1,100 ALLIANCE SERVICE STATION 501 501 619 646 283642 fuel 85.38 T624 1 VENDOR TOTAL 85.38 AME200 AMERIPRIDE UNIFORM SVCS 101 357 609 634 S465306 mat svc 53.35 T624 2 VENDOR TOTAL 53.35 AN1030 ANIMAL EMERGENCY CLINIC 101 353 605 544 262 vet services 202.50 T624 3 VENDOR TOTAL 202.50 AUT030 AUTOMATED TELECOM 101 153 635 660 99B98 pager svc 216.37 T624 4 VENDOR TOTAL 216.37 BER007 JEFF BERLINGERS MOBILE 501 501 619 649 4325 vehicle wash 60.00 T624 5 VENDOR TOTAL 60.00 BIGO10 BIG A AUTO PARTS 501 501 619 649 602-3352 auto parts 64.64 T624 6 VENDOR TOTAL 64.64 BLA060 JAN BLAKELY 101 251 509 000 commissioner comp 90.00 T624 7 VENDOR TOTAL 50.00 CAD010 CADET UNIFORM SUPPLY 101 357 617 000 57263 uniform svc 7.00 T624 9 CAD010 CADET UNIFORM SUPPLY 101 353 617 000 57262 uniform svc 29.74 T624 10 CADO10 CADET UNIFORM SUPPLY 101 453 617 000 55291 uniform svc 52.89 T624 11 CADO10 CADET UNIFORM SUPPLY 101 454 617 000 55291 uniform svc 31.02 T624 12 CAD010 CADET UNIFORM SUPPLY 101 353 617 000 55292 uniform svc 248.98 T624 13 VENDOR TOTAL 369.63 CVA010 C V A G 101 101 649 000 B1007-99 1999/2000 dues 19344.00 T624 8 VENDOR TOTAL 19344.00 _ EAG100 EAGLE/HOUSEHOLD BANK FSB 101 357 705 000 supplies 213.31 T624 14 EAG100 EAGLE/HOUSEHOLD BANK FSB 101 357 705 000 supplies 39.80 T624 15 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 8:09PM 01/10/99 CITY OF LA QUINTA FOR BANE: ID - DEF PAGE 2 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. EAG100 EAGLE/HOUSEHOLD BANK FSB 101 357 703 000 69558569 supplies 95.90 T624 16 VENDOR TOTAL 349.01 HULO10 KATHRYN HULL 101 251 509 000 commissioner comp 50.00 T624 18 VENDOR TOTAL 50.00 JASI00 JAS PACIFIC 101 354 605 547 PC5182 plan check svc 537.50 T624 17 VENDOR TOTAL 537.50 KUS050 KUSTOM SIGNALS INC 501 501 619 649 supplies 15.00 T624 19 VENDOR TOTAL 15.00 MCDO10 MC DOWELL AWARDS 101 251 647 000 692357 signs 107.75 T624 20 VENDOR TOTAL 107.75 MCM210 LESLIE MCMILLAN 101 251 509 000 commissioner comp 50.00 T624 21 VENDOR TOTAL 50.00 NIC100 NICKERSON, DIERCKS & ASSC 401 683 904 000 9B-021 prof mgmt svc 612.00 T624 22 NIC100 NICKERSON, DIERCKS & ASSC 401 682 904 000 98-021 proj mgmt svc 612.00 T624 23 NIC100 NICKERSON, DIERCKS & ASSC 401 664 605 000 98-021 proj mgmt svc 720.00 T624 24 NIC100 NICKERSON, DIERCKS & ASSC 401 681 605 000 98 021 proj mgmt svc 72.00 T624 25 NIC100 NICKERSON, DIERCKS & ASSC 401 668 605 000 98 021 proj mgmt svc 864.00 T624 26 NIC100 NICKERSON, DIERCKS & ASSC 401 686 605 000 98 021 proj mgmt svc 192.00 T624 27 NIC100 NICKERSON, DIERCKS & ASSC 401 688 605 532 98 021 proj mgmt svc 144.00 T624 28 NIC100 NICKERSON, DIERCKS & ASSC 101 456 603 000 98 021 misc proj mgmt svc 504.00 T624 29 VENDOR TOTAL 4320.00 OLI100 OLINN MESSAGE CENTER 101 353 609 583 1050 messge svc-July 81.44 T624 30 VENDOR TOTAL 81.44 r OUT100 OUTDOOR SERVICES INC 101 357 609 643 9486 pool clean-jul99 100.00 T624 31 �J VENDOR TOTAL 100.00 PAG100 PAGING NETWORK SAN DIEGO 101 153 635 660 034-8132 pager svc 32.13 T624 32 W ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 8:09PM 07/10/99 CITY OF LA QUINTA FOR BANE: ID - DEF PAGE 3 VENDOR ACCOUNT NUMBER INV. INVOICE, PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 32.13 RAS060 JACETE RASMUSSEN 101 251 509 000 commissioner comp 50.00 T624 33 VENDOR TOTAL 50.00 SCE100 SCESA 101 355 63"7 000 emerg mgr conf 325.00 T624 34 VENDOR TOTAL 325.00 SHA040 ROSTTA SHAMTS 101 251 509 000 commissioner comp 50.00 T624 35 VENDOR TOTAL 50.00 STA020 STANDARD REGISTER 101 153 703 812 Y2K. software 3100.00 T624 38 VENDOR TOTAL 3100.00 STA045 STAN'S AUTO TECH 501 501 619 649 9562 auto Svc 155.57 T624 36 STA045 STAN'S AUTO TECH 501 501 619 649 9561 auto svc 108.00 T624 37 VENDOR TOTAL 263.57 TRU010 TRULY NOLEN INC 101 253 609 637 079-2256 pest control 63.00 T624 39 VENDOR TOTAL 63.00 UNI004 UNITED STATES POSTAL SVC 101 153 645 000 postage meter 3000.00 T624 42 VENDOR TOTAL 3000.00 US0100 US OFFICE PRODUCTS 101 153 703 802 01AB0295 supplies 10.01 T624 40 USO100 US OFFICE PRODUCTS 101 351 701 000 OIAA9157 supplies 57.47 T624 41 VENDOR TOTAL 67.48 WH1010 WHITE'S STEEL 501 501 619 649 R012284 trailer repair 150.00 T624 43 VENDOR TOTAL 150.00 -� WINO10 WINSTON TIRES 501 501 619 649 091-2465 tire svc 233.94 T624 44 VENDOR TOTAL 233.94 TO -BE PAID - PAYMENT TOTAL 33,391.69 ACCOUNTS PAYABLE — AP5005 CHECK REGISTER ang'9 CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37655 07/09/99 &00825 SPECIAL MARKETS 37656 07/09/99 BAN020 BANG & BASH CHECK TOTAL 11:10AM 07/09/99 PAGE 1 PAYMENT AMOUNT 418.50 751.62 1,170.12 4l 3 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 11:08AM 07/09/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 1 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. &00825 SPECIAL MARKETS 101 253 703 000 SD ZOO TICKETS 418.50 TEMG 1 VENDOR TOTAL 418.50 BAN020 BANG & BASH 101 104 855 000 6594 OFFICE FURNITURE 751.62 TEMG 2 VENDOR TOTAL 751.62 TO -BE PAID - PAYMENT TOTAL 1,170.12 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:55AM 07/09/99 CITY OF LA QUINTA BANK ID: DEF ` �p5'' PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37653 07/09/99 NAT250 NATURE CONSERVANCY 29664.00 37654 07/09/99 SES050 SES COMPUTERS 1551.43 CHECK TOTAL 31,215.43 35, ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 09:45AM 07/09/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 1 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAM NUMBER DESCRIPTION AMOUNT NO. NAT250 NATURE CONSERVANCY" 101 000 243 000 CVFTL REC NOV98-JUN99 29664.00 TEMG 1 VENDOR TOTAL 29664.00 SES050 SES COMPUTERS 101 301 703 812 LLEBG SOFTWARE 1551.43 TEMG 2 VENDOR TOTAL 1551.43 TO -BE PAID - PAYMENT TOTAL 31,215.43 ACCOUNTS PAYABLE — AP5005 CHECK REGISTER �� 12:35PM 07/08/99 CITY OF LA QUINTA BANK ID: DEF ,mac,' ` PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37648 07/08/99 CAL050 STATE OF CALIFORNIA 25.00 37649 07/08/99 LAQ050 LA QUINTA CITY EMPLOYEES 351.00 37650 07/08/99 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 37651 07/08/99 SUP100 SUPPORT PAYMENT CLEARING— 150.00 37652 07/08/99 UNIO05 UNITED WAY OF THE DESERT 154.00 CHECK TOTAL 1,106.50 U48 37 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR CALO50 STATE OF CALIFORNIA . D TO -BE PAID INVOICES FOR BANK ID - DEF ACCOUNT NUMBER INV. INVOICE NUMBER DESCRIPTION 101 000 221 000 LAQ050 LA QUINTA. CITY EMPLOYEES 10,1 000 223 000 RIV040 RIV CNTY DISTRICT ATTORNY 101 000 221 000 SUP100 SUPPORT PAYMENT CLEARING- 101 000 221 000 UNI005 UNITED WAY OF THE DESERT 101 000 225 000 a 12:27PM 07/08/99 PAGE 1 PAYMENT BATCH TRAM AMOUNT NO. P/R Distr.-GARNISH - ST 25.00 T999 VENDOR TOTAL 25.00 P/R Distr.-L.Q.C.E.A. DU 351.00 T999 VENDOR TOTAL 351.00 P/R Distr.-GARNISH-RIV D 426.50 T999 VENDOR TOTAL 426.50 P/R Distr.-GARNISH - SUP 150.00 T999 VENDOR TOTAL 15 0.00 P/R Distr.-UNITED WAY 154.00 T999 VENDOR TOTAL 154.00 TO -BE PAID - PAYMENT TOTAL 1,106.50 1 3 4 5 AP5005 HECK CBANK CITYOUOFSLAAQUBNTA IDGIDEFR 1`1�1�!Za� CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37647 07/07/99 MIRO10 MIRASOFT INC CHECK TOTAL 11:09AM 07/07/99 PAGE 1 PAYMENT AMOUNT 5025.00 5,025.00 39 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 11:08AM 07/07/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 1 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AfdOUNT NO. MIRO10 MIRASOFT INC 101 153 609 601 LQ99-001 1025.00 TEMG 1 14IRO10 MIRASOFT INC 101 153 609 601 LQ99-002 1250.00 TEMG 2 MIR010 MIRASOFT INC 101 153 699 601 LQ99-003 750.00 TEMG 3 MIRO10 MIRASOFT INC 101 153 609 601 LQ99-004 TO LQ99-007 2000.00 TEMG 4 VENDOR TOTAL 5025.00 TO -BE PAID - PAYMENT TOTAL 5,025.00 R ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37646 07/07/99 &00824 POLICE SUPPLY STOR�/DCG CHECK TOTAL 10:07AM 07/07/99 PAGE 1 PAYMENT AMOUNT 4661.18 4,661.18 41 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 10:02AM 07/07/99 CITY OF LA QUINTA FOR BANY, ID - DEF PAGE 1 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. &00824 POLICE SUPPLY STORE/DCG 101 301 855 000 LLEBG/SHERIFF EQUIP 4661.18 TEMG 1 VENDOR TOTAL 4661.18 TO -BE PAID - PAYMENT TOTAL 4,661.18 CD r� W ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF J CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37645 07/02/99 LEA015 LEAGUE OF CALIF CITIES CHECK TOTAL 12:22PM 07/02/99 PAGE 1 PAYMENT AMOUNT 560.00 560.00 "54 4? ACCOUNTS PAYABLE - AP4002P TO -BE PAID INVOICES CITY OF LA QUINTA PROOF LIST VENDOR# NAME/ PAY DATE PO No./Line No. PROJECT INV DATE ENCUMB. PAYMENT INV#/REFR. DESCRIPTION GEN LEDGER # - TITLE AMOUNT AMOUNT LEA015 LEAGUE OF CALIF CITIES 07/02/99 07/02/99 0.00 560.00 EXECUTIVE FORUM-PENA/HENDERSON 101 101 637 000 - Travel, Training & Meetings PAYMENT TOTAL 560.00 12:1OPM 07/02/99 PAGE 1 CLS BATCH TRAM NO. NO. N TEMG- 1 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.-** 37642 07/01/99 37643 07/01/99 37644 07/01/99 HOM031 HOME DEPOT MMA050 MMASC SOU002 SOUL OF CHINA CHECK TOTAL 2:34PM 07/01/99 PAGE 1 PAYMENT AMOUNT 77715.36 690.00 207.92 78,613.28 -uv H,' )111 1 Jj( )I,IF 7 1 1. SC AT CA I I uF I I I I 11 IT III MPFF, I I TV I ITy ( )I � 'E [il filiP F R DES(-F, 1 F I, I (-)I F T- iI I E t JI I f I -s tax 3/0 7 7 VENDOR T()T7,,I, 7771S.36 1 i0, 637 0- t, fe i -ri, — f �i 4 analyst TEM, VEND"fl-, P)TTIJ 6ao.00 ll�l 10' 637 (1m) I AI11J1,; -,lENDl()k T()Tf�l 207.97 TO -PE FAlr - 1 T, (11 F] I IT D)TA 1, '� , 6 1 1 . , 11 I I ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:49PM 06/25/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 37620 06/25/99 &00823 FRANK HUNT 40.00 37621 06/25/99 ABE001 JAQUES ABELS 150.00 37622 06/25/99 BOB100 BILL BOBBITT 50.00 37623 06/25/99 BUT010 RICHARD BUTLER 150.00 37624 06/25/99 CAN050 CANADA LIFE ASSURANCE CO 516.93 37625 06/25/99 CUN100 DENNIS CUNNINGHAM 50.00 37626 06/25/99 ECO010 ECONO SEWER SERVICES 3950.00 37627 06/25/99 IRWO10 JOSEPH IRWIN 50.00 37628 06/25/99 IRWO20 BARBARA IRWIN 50.00 37629 06/25/99 KIR010 TOM KIRK 150.00 37630 06/25/99 LEW010 TOM LEWIS 50.00 37631 06/25/99 MAH100 CYRILLE P MAHFOUD 50.00 37632 06/25/99 MIT150 MICHAEL MITCHELL 50.00 37633 06/25/99 MOU100 DONALD J MOULIN 50.00 37634 06/25/99 OSBO50 LEE M OSBORNE CPA 50.00 37635 06/25/99 PUE050 MARIA L PUENTE 50.00 37636 06/25/99 ROB150 STEVE ROBBINS 75.00 37637 06/25/99 TRA030 TRANSAMERICA INSURANCE 53.48 37638 06/25/99 TYL050 ROBERT T TYLER 150.00 37639 06/25/99 UNU050 UNUM LIFE INS 1385.08 37640 06/25/99 VOS050 JUDY VOSSLER 50.00 37641 06/25/99 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 7,220.49 O58 47 ACCOUNTS PAYABLE - AP5CO3 TO -BE PAID INVOICES 2:11PM 06/25/99 CITY OF LA QUINTA FOR BANK ID - DEF PAGE 1 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION _S10UNT N0. &00823 FRANK HUNT 101 000 437 000 4787 REFUND NEWPORT BEACH TRI 40.00 TEMG 9 VENDOR TOTAL 40.00 ABE001 JAQUES ABELS _01 401 509 000 JUN 99 PLANNING COMM MTNG 150.00 TEMG 12 VENDOR TOTAL 150.00 BOB100 BILL BOBBITT 101 401 509 000 JUN 99 ARCHITECTURAL & LANDSCAP 50.00 TEMG 21 VENDOR TOTAL 50.00 BUTO10 RICHARD BUTLER 101 401 509 000 JUN 99 PLANNING COMM MTNG 150.00 TEMG 11 VENDOR TOTAL, 150.00 CAN050 CANADA LIFE ASSURANCE CO 101 000 237 000 44769 LIFE INS JUN 99 516.93 TEMG 1 VENDOR TOTAL 516.93 CUN100 DENNIS CUNNINGHAM 101 401 509 000 JUN 99 ARCHITECTURAL & LANDSCAP 50.00 TEMG 20 VENDOR TOTAL 50.00 ECO010 ECONO SEWER SERVICES 245 903 670 000 98-20 LOW -MOD SEWER PROJ 92-1 820.00 TEMG 4 EC0010 ECONO SEWER SERVICES 245 903 670 000 98-20 LOW -MOD SEWER PROJ 91-1 890.00 TEMG 5 E00010 ECONO SEWER SERVICES 245 903 670 000 98-20 LOW -MOD SEWER PROJ 90-1 820.00 TEMG 6 ECO010 ECONO SEWER SERVICES 245 903 670 000 98-20 LOW -MOD SEWER PROJ 89-2 1270.00 TEMG 7 ECO010 ECONO SEWER SERVICES 245 903 670 000 98-20 LOW -MOD SEWER PROJ 88-1 150.00 TEMG 8 VENDOR TOTAL 3950.00 IRWO10 JOSEPH IRWIN 101 151 509 000 JUN 99 INVESTMENT ADVISORY BOAR 50.00 TEMG 22 VENDOR TOTAL 50.00 IRW020 BARBARA IRWIN 101 401 509 000 JUN 99 HISTORICAL PRESERVATION 50.00 TEMG 19 VENDOR TOTAL 50.00 ' KIRO10 TOM KIRK 101 401 509 000 JUN 99 PLANNING COMM MTNG 150.00 TEMG 14 VENDOR TOTAL 150.00 4-ab JO LEWO10 TOM LEWIS 101 151 509 000 JUN 99 INVESTMENT ADVISORY BOAR 50.00 TEMG 24 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 2:11PM 06/25/99 CITY OF LA QUINTA FOR BANE: 1D - DEF PAGE 2 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 53.00 NLAH100 CYRILLE P MAHFOUD 101 151 Sc9 000 JUDI 99 INVESTMENT ADVISORY BOAR 50.00 TEMG 26 VENDOR TOTAL 51.00 MIT_150 MICHAEL MITCHELL 1C1 401 509 000 JUN 99 HISTORICAL PRESERVATION 50.00 TEMG 15 17ENDOR TOTAL 50.00 M0L'100 DONALD J MOULIN 101 151 509 000 JUN 99 INVESTMENT ADVISORY BOAR 50.00 TEMG 23 VENDOR TOTAL 50.00 0SB050 LEE M OSBORNE CPA 101 151 509 000 JUN 99 INVESTMENT ADVISORY BOAR 50.00 TEMG 25 VENDOR TOTAL 50.00 PUE050 MARIA L PUENTE 101 401 509 000 JUN 99 HISTORICAL PRESERVATION 50.00 TEMG 17 VENDOR TOTAL 50.00 ROB150 STEVE ROBBINS 101 401 509 000 JUN 99 PLANNING COMM MTNG 75.00 TEMG 13 VENDOR TOTAL 75.00 TRA030 TRANSAMERICA INSURANCE 101 000 237 000 07415000 AD & D JUN 99 53.48 TEMG 2 VENDOR TOTAL 53.48 TYL050 ROBERT T TYLER 101 401 509 000 JUN 99 PLANNING COMM MTNG 150.00 TEMG 10 VENDOR TOTAL 150.00 UNU050 UNUM LIFE INS 101 000 239 000 03896400 STD/LTD JUN 99 1385.08 TEMG 3 VENDOR TOTAL 1385.08 V0S050 JUDY VOSSLER 101 401 509 OCO JUN 99 HISTORICAL PRESERVATION 50.00 TEMG 16 VENDOR TOTAL 50.00 WRI050 ROBERT S WRIGHT 101 401 509 000 JUN 99 HISTORICAL PRESERVATION 50.00 TEMG 18 VENDOR TOTAL 50.00 0 TO -BE PAID - PAYMENT TOTAL 7,220.49 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 3:01PM 06/24/99 PAGE 1 PAYMENT AMOUNT 37600 06/24/99 AME075 AMERICAN RED CROSS 35.00 37601 06/24/99 AUT030 AUTOMATED TELECOM 292.47 37602 06/24/99 BEN050 SUSAN BENAY 50.00 37603 06/24/99 BET100 OLGA S BETANCOURT 50.00 37604 06/24/99 CAL050 STATE OF CALIFORNIA 25.00 37605 06/24/99 CUN100 DENNIS CUNNINGHAM 50.00 37606 06/24/99 CVA010 C V A G 120.00 37607 06/24/99 DAV010 MIKE DAVIS 50.00 37608 06/24/99 HU1,010 KATHRYN HULL 50.00 37609 06/24/99 LAQ050 LA QUINTA CITY EMPLOYEES 308.00 37610 06/24/99 LOP100 GILBERT LOPEZ 50.00 37611 06/24/99 PED010 KATHRYN PEDERSEN 50.00 37612 06/24/99 REY050 ELAINE REYNOLDS 50.00 37613 06/24/99 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 37614 06/24/99 SHA040 ROSITA SHAMIS 50.00 37615 06/24/99 STJO10 VICTORIA ST JOHNS 50.00 37616 06/24/99 SUP100 SUPPORT PAYMENT CLEARING- 150.00 37617 06/24/99 UNIO05 UNITED WAY OF THE DESERT 155.00 37618 06/24/99 WAS010 WASTE MANAGEMENT OF DESRT 897644.49 37619 06/24/99 WEL100 PATRICK WELCH 50.00 CHECK TOTAL 899,706.46 A -COUNTS PAYABLE - AP5(-,03 CITY OF' LA QUINTA VENDOR TO-3E PAID INVOICES FOR BANK ID - DEF ACCOUNT N'7MBER INV. INVOICE NUMBER DESCRIPTION AME075 AMERICAN RED CRCSS 191 Z12, 703 0'J' AU7030 AUTOMATED TELECOM 101 102 855 000 BE:1050 SUSAN SENAY i01 251 539 000 BET100 OLGA S BETANCOURT L)i 251 509 000 CP?050 STATE OF CALIFORNIA 101 COO 221 000 CUN100 DENNIS CUNNINGHAM 101 401 509 000 CVA010 C V A G 101 101 637 000 CVA010 C V A G 101 102 637 000 DAVOi') MIKE DAVIS 101 251 509 000 HUL010 KATHRYN HULL 101 251 509 OOC LAQ050 LA QUINT?A CITY" EMPLOYEES 101 000 223 000 l� LOP100 GILBERT LOPEZ 101 251 509 000 .I PEDC10 KATHRYN PEDERSEN 101 251 509 000 r� 2:51?M 06/24/93 PAGE 1 FAY"MENT BATCH: TRAN P.CAOUNT NC. CERTIFICATION CARDS 35.CO TEMG VENDOR TOTAL 35.00 NEXTEL EQUIP 292.47 TE"-IG 8 VENDOR TOTAL 292.47 JUN 99 CULTURAL ARTS COMM MTNG 50.00 =IG 24 VENDOR TOTAL 50.00 JUN 99 COMMUNITY SVC COM14 MTNG 50.00 TEMG 19 VENDOR TOTAL 50.00 P/R Distr.-GARNISH - ST 25.00 T999 I VENDOR TOTAL 25.00 MAY 99 ARCHITECT/LANDSCAPE DESI 50.00 TEMG 18 VENDOR TOTAL 50.00 GENERAL ASSEMBLY MTNG 90.00 TEMG 9 GENERAL ASSEMBLY MTNG 30.00 TEMG 10 VENDOR TOTAL. 120.00 JUN 99 COMMUNITY SVC COMM MTNG 50.00 TEMG 20 VENDOR 'TOTAL 50.00 JUN 99 CULTURAL ARTS COMM MTNG 50.00 TEMG 25 VENDOR TOTAL 50.00 P/R Distr.-L.Q.C.E.A. DU 308.00 T999 2 VENDOR TOTAL. 308.00 JUN 99 COMMUNITY SVC COMM MTNG 50.00 TEMG 21 VENDOR TOTAL 50.00 JUN 99 COMMUNITY SVC COW MTNG 50.00 TEMG 22 ACCOUNTS PAYABLE - AP5003 TO -BE FAID INL'CLCA'S 2:5LPM 06/7-4/99 CITY OF LA QU=NTA FOR ➢A.NY 1D - DEF PAGE 2 VENDOR ACCOUNT NUMBER INV. IN-,'O1CF PAYMENT BATCH TRAM NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 50.G0 REY050 ELAINE REYNOLDS 101 251 5-19 000 JUN 93 CULTURAL ARTS COM11 MTNG 50.00 TEMG 26 VENDOR TOTAL 50.00 RIV040 RIV CNTY DISTRICT ATTORNY 101 000 221 000 P/R Distr.-GARNISH-RIV D 426.50 T999 3 VENDOR TOTAL 426.50 SHA040 ROSITA SHAMIS 101 251 509 000 JUN 99 CULTURAL ARTS COMM MTNG 50.00 TEMG 27 VENDOR TOTAL 50.00 STJO10 VICTORIA ST JOHNS 101 251 509 000 JUN 99 COMMUNITY SVC COMM 14TNG 50.00 TEMG 23 VENDOR TOTAL 50.00 SUP100 SUPPORT PAYMENT CLEARING- 101 000 221 000 P/R Distr.-GARNISH - SUP 150.00 T999 5 VENDOR TOTAL 150.00 UNIC05 UNITED WAY OF THE DESERT 101 000 225 000 P/R Distr.-UNITED WAY 155.00 T999 6 VENDOR TOTAL 155.00 WAS010 WASTE MANAGEMENT OF DESRT 101 000 203 221 SECURED STATEMENTS/RES T. 1103186.72 TEMG 11 WAS010 WASTE MANAGEMENT OF DESRT 101 000 456 000 AB939 -37662.45 TEMG 12 WAS010 WASTE MANAGEMENT OF DESRT 101 000 262 356 RECYCLING PROGRAM -65355.45 TEMG 13 WAS010 WASTE MANAGEMENT OF DESRT 101 000 441 351 TRANSPORTATION COSTS -13292.64 TEMG 14 WAS010 `BASTE MANAGEMENT OF DESRT 1U_ 000 253 000 DISPOSAL RECONCILIATION -14400.35 TEMG 15 WASO10 WASTE MANAGEMENT OF DESRT 101 000 411 000 FRANCHISE FEE -60430.99 TEMG 16 WAS010 WASTE MANAGEMENT OF DESRT 101 000 263 230 DISPOSAL RECONCILIATION -14400.35 TEMG 17 VENDOR TOTAL 897644.49 WEL100 PATRICK WELCH 101 251 509 000 JUN 99 CULTURAL ARTS COMM MTNG 50.00 TEMG 28 VENDOR TOTAL 50.00 TO -BE PAID - PAYMENT TOTAL 899,706.46 .1� i TW�t 4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report as of May 31, 1999 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated May 31, 1999 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to mee next month's estimated expenditures. Jahn M. Falconer, Finance Director Approvo for Submission by: Thomas P. Genovese City Manager Attachment: Treasurer's Report, City of La Quinta 064 TO: FROM: SUBJECT: DATE: c% 4 4 QuAM MEMORANDUM La Quinta City Council John Falconer, Finance Director/Treasurer Treasurer's Report for May 31, 1999 July 6, 1999 Attached is the Treasurer's Report for the month ending May 31, 1999. This report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. Cash and Investments: Increase of $1,436,240. due to the net effect of revenues in excess expenditures. State Pool: Increase of $2,500,020. due to the net effect of transfers to and from the cash and investment accounts and Property Tax distribution. U.S. Treasury Bills, Notes, Government Agency Securities and Commercial Paper: Increase of $7,013,860. due to the purchase of one T-Note, four Commercial Papers and monthly adjustment in the amortized value of the investments. Mutual Funds: Decrease of $3,054,652. due to the purchase one T-Note and interest earned. Total increase in cash balances $7,895,468. I certify that this report accurately reflects all pooled investments and is in compliance with the California Govemment Code; and is in conformity with the City Inv, stment policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer• Finance Director/Treasurer Date 615 ()3 CITY OF LA QUINTA AUTHORIZED INVESTMENTS AND DIVERSIFICATION May 31,1999 The City Treasurer will be permitted to invest in the following types of investments subject to the maximum percentage compliance limits and bid process requirements: AN maturities must be less than the maximum allowed. Type of Investments 5 _6 me axotxits 46kir S-"n Certificate d data with interoat ln� gs paid minthl U.S. Treasu- _rB _, SL_ —6-ps.-N—oWn and Bonds. L_311f_ U.S. Government Securities and Fed" Government Securities (except any collateralized mortgage obligation (CMO) or structured riots which contains embedded rate options): Government National Mortgage Association (GNMA) Federal National Mortgage Association (FNMA) Federal Home Loan Bank Notes & Bonds (FHLB) Federal Land Bank Bonds (FLB) Federal Farm Credit Bank (FFCB) Federal Intermediate Credit Bank Debenture (FICB) Fed" Home Loan Mortgage Corporation (FHLMC) Prime Commercial Paper Local Agency l - Investment Money market mutual funds reg—tAa—ted-by—the se-curib-e-s-and - xchadge Commission and whose portfolio consists only of US Agency Securities maintaining a par value per share of $1. Investment Agreements for bond reserve a and/or resee funds. . --_ New ---- - - I Ali Funds Maximum All Funds I Actual % Ali Funds Over (Under) YN - I - - 11_9%I bb% 0.00% 1-46--00% 75%__ _26_._13% :�J_ --48.87%- 75% 30.12% -44.88% M.-J- 36-7-0% --2330% 35% 28.59%—I 6 0% 7.27% -1--52.73% Annualized Earnings of Pooled Cash Investments 4.94% Annualized Earnings of Fiscal Agent Investments 4,59% Annualized Earnings of All Investments 4.83% Six Month Treasury Bill Rate 4.76% 151 Surplus Maximum urplus % Surplus - Over (Under) —0-00% 7516�26. 75% 30.35% -44.65% 30% [615% 26.64-%_ 20%] 7.33% 12.87% _yemT FDIC I Insured [None- IM ==-- <=599,000 �ttlm=[_2rs EFDICInsuredNone-_ ysan_ yen _ No one Federal Agency, Instrumentality, or Government Sponsered Entity Investment can exceed 25% of portfolio 2 years None 31 days Standard & Poors/Moody's None A-1, F _6D� wo.oba. _006- — per 0C 2 years Unrated None Utilize DVP J_ Maintain $1 per share ]----- 60 daysi AAA by two of three rating None par value. agencies or assets of $500 million Utilize DVP and investor SEC licensed> 5 yrs None City of La Quints Summary of Holdings City, Redevelopment Agency and Financing Authority 05131N9 I CRY Cash & Investments Bank Accounts Interest Accrued Unroalized Market Name - Availability Weds Few - Demand Petty Cash- Demand Wells FargWAuto Mall • Demand Surplus No No Yes Type __ _ Checking/Govt Mutual Funds WA CheckinglGoVt Mutual Funds Rank 1 1 1 Rate 4.0900% 0 4.D900% . Book $15.432 1,000 1.800,002 Interest N/A N/A WA G_ sin �os�_ N/A N/A NIA Value {15,432 1,000 1,800,002 Bank $473,445 1,000 1,80Q002 Wells FaryolHousiny -Demand Total - Bank Accounts Yes Checking - - 1 0 88 U31 - 1 902 489 NIA _ NIA. _ 88 0035 _ 1 902 469 _ 93 993 _ $2.368.440 U, S. Government Securities Yield Antorkzed Acwed Unroalized Market Days Par Settlerttent Maturity Original Days Yield to Market Value Custodian - Availability Surplus Irsuerrrype Rank Price _ Value _ Interest_ Gain (Loss) _ _ Value_ _ to Metu_nty _ Value _ _ _ Date _ _ Date - to Maturity Maturity Source Bank of New York •Demand Yes _ Pedant Natl Mtg Assn i 5,5300% $5,022,191 $52.228 (15,944) $5,058,478 297 5,000,000 04113/99 03I23R000 345 1.9610% Bank of New York Bank of New York - Demand Yes Federal Home Loan Bank -Discount 1 4.81DD% 4,976,309 93.481 2,876 4,979,185 37 5,000,0DO 01106/99 07/07199 182 4.7850% Bank of New York Bank of New York - Demand Yes Federal Home Loan Bank 1 4.9500% 3,DD0,936 53,625 (4,206) 3,050,355 235 3,000,DDO 02/02198 01t2MODO 718 4.8977% Bank of New York Bank of New York - Demand Yes Federal Farm Credit Bank-Discounl 1 4.89W% 4,954 402 68,396 (302) _ 4,954,100 _ 70 _. - 5,C110 0 000_ _ 02/78/99 08I09/99 171 _ 1.8854% Bank of New York Total - U.S. Government Securities $17.953.841 $267.730 ($17.5761 S18.042.118 18 000 D00 U. S. Treasury Notes Ylsld Amortized Accrued Unrealized Markel Days Par Settlement Maturty Oripnsi Days Yield to Market Value _ Availability Surplus - _ Rank _ Priu _ _Value Inbred_ Grin Loss _ _ VNw ._ to Maturity _ _ __ Value _ _ __ _. _ _- Dafe _ _ Otle b Maturity Matunty Source _ _Custodian Bank of Now York_Dertand yes _IauerRyps_- U.S. Treasury Note 1 5.6250%_ H U13 629 _ St9,585_ _ _(}2,989] _ $4,030 205 _ _153 __ _ _ _ 00 00 000 _ _ 03/71199 10ld1/99 214 4.7780%. _Bank of Now York „ Total - U.S. Treasury 1 013 829 19 565 $4,630,205 $4,000,000 Prime Commercial Paper Yield Amortized Accrued Unrealized Market Days Par Settlement Maturity Original Days Is to Markel Value Custodian -Availability Surplus Issuer/Type _ Rank _ Price Value _ Interest Gain (LOSS) _ Value to Maturity _ Value _Dale Date _ to Maturity - Maturity Source Bank of New York - Demand Yes Ford Motor Credit Corp 1 4.75D0% $999,076 $2,375 ($430) $998,646 7 1,000,D00 05114/99 06/07199 24 47500% Bank of New York Bank of New York - Demand Yes Nike Inc 1 4.8000% 999,067 2,400 (421) 998,646 7 1.000,000 05/14/99 06107/99 24 4 8000% Bank of New York Bank of New York - Demand Yes GTE Funding Inc 1 4.79D0% 998,870 2.395 (425) 998,245 10 1,000,DD0 05114/99 D6110199 27 4 7900 % Bank of New York Bank of New York - Demand Yes BellSouth Capital Fund Corp 1 4.7500% 998,549 _ 2,375 _ ,. (_398� _ 998,151 _ 11 _ _ 1,D00,000 _ 05/14/9_9. 06/11/99 28 4.77D0 % Bank of New York Total - U.S. Government Securities S3.995,382 9 545 1 674) $3 993 688 S4.000DOO Local Agency Investment Fund Interest Accrued Unrealizable Markel Days to Actual Management Statutory Management Name - Availability Surplus Type _ Rank R.I. Book _ Interest GeiN(Loss) Valve Maturity _ _ __Fees Charged _ Fees Allowed LAW - City -Demand Yes _ Slats Po01 NIA 5.0860% 710,907,800 NIA N/A NIA 1 .23 of 1%- Qtr ending 03131/99 50 of 1% LAW - RDA - Demand Yes Slate Pool N/A 5.0860% 4,944,9 N_/A _ N/A NIA 1 .23 of 1% - Qo ending 03/31/99 50 01 1 % Total - State Pool 15 852 721 0 0 Total City Investments Total City Cash a Investments Fiscal ent nvostrtrents 11 81S 553 288 840 22 238 WA 2 Portfolio - RDA Investments Yield Amortized Accrued Unrealized Markel Dsys Par Settlement Maturity Original Days Yield to Markel Vslue Custodian - Availability Surplus Issuer/Type Rank _ Pries Value Inlemt Gain (Loss) Value to Maturity _. Value Date Date to Maturity Maturity Source 1995 RDA U.S.Bank -Demand Yes U S. Treasury Note 1 8.2500% 3,033,011 19,268 ($2,081) 3,050,198 153 3,000,000 03131/99 10/3l/99 214 4.8000% U.S. Bank 1995 RDA U. S. Benk-Demand Yes U.S. Treasury Note 1 5.31 3,010,133 53,453 ($3,563) 3,060,023 245 3,000,000 05/04/99 0131/2000 272 4.8M0% U.S Bank 1998 RDA U.S. Benk - Demand Yes U.S. Treasury Note 1 5.7500% 5,018,330 120,718 22,720 5,181,768 122 5,000,D00 12/31198 09130199 273 4.5090% U. S. Bank 1996 FA U.S Ban - Demand Yes U,S. Treasury Nole 1 6.OD00% _ SW 5f 0 _ _ 12 514_- _ _115 513,139 30 _ _ _ _ _ _ _ 500 000 _ _ _ 12/28/98 _ _ OBI30/99 184 4 7400% U.S.Bank Total -U.S. Treasury11561984 ... 205953 17 fill SI1785128 $11.500.000 Portfolio - Money Mrkt Mutual Funds Money Market Yield Accrued Unrealizable Market Days W Management Trustee - Availability Surplus Mutual Fund Rank Price Book Interest _ GaiN¢oss) _ Value_ _ _ Maturity _ , Bond Issue Fees Civic denier U.S Bonk -Demand Yes 1st American 1 4 1400% f81,570 NIA $0 $81,570 1 1996 Cry Hall Revenue Bonds 40% of Average Daily 1994 RDA U. S.Bank - Demand Yes 1 a1 American 1 4.2400 % 742 N/A 0 742 1 1994 Series Bonds - RDA 1 Net Assets of each Fund 1995 RDA U S.Bank - Demand Yes 1st American 1 4 2400% 1,183.863 N/A 0 1,183,863 1 1995 Housing Bonds - RDA 1 8 2 1998 RDA U. S.Bank - Demand Yes 1st American 1 4.2400% 2,466,110 NIA 0 2,466.110 1 1998 Series Bonds - RDA 1 1998 RDA U.S.Bank - Demand Yes 1sl American 1 4 2400% 601,447 N/A 0 601 447 _ 1 1998 Series Bonds - RDA 2 _ _ _ Subtotal -Mutual Fund $4,333.732 so so S4.333.732 Told Fiscal Agent Investments Grand Total Average Maturity 58 613 738 502 797 1 1115.0481WA 90 Da City of La Quinta Distribution of Cash & Investments & Balances May 31, 1999 Distribution of Cash & Investments City - 3eneral Fund Gas Tax Fund Community Project Fund Quimby Fund Infrastructure Fund Village Parking Fund Interest Fund Capital Project Fund AD 97-1 Construction Fund Equipment Replacement Fund Landscape & Lighting Fund Trust & Agent Funds Subtotal rvelopment Agency tall Improvement Funds Service Funds & Moderate Income Funds )total Financing Authority Project Funds bebt Service Funds Subtotal Total Cash Balances T 98 ----------------------- Cash & Investments - - _July $4,527,942 State Pool 12,446,870 U.S. Treasury Bills/Notes 11,503,739 U.S. Government Securities 12,813,325 Prime Commercial Paper 0 Mutual Funds 5,195,603 Total $46 487,475 Type, Cash & Investments State Pool U.S. Treasury Bills/Notes U.S. Government Securities Prime Commercial Paper Mutual Funds Total Project Area Project Are 1 _ 2 _ 8,407.449 2,127,292 3,294,594 1,422,039 6,738,096 5,348,777 - 18,440,139 8,898,108 10,446,870 9,596,870 16,493,924 16,494,070 1 12,783.328 12,832,148 1 0 0 8,237,901 5 648,327 64417,551 $44 540,440 Totals $16,120,469 62,622 0 195,892 9,152,201 28,266 505,730 1.922,565 178,527 916,850 154,067 2.464.709 f $31 $573,593 $59,613,736 October November Ducem_ber _ JanuarTr _ Febru_a_r _ $176,108 _ _ $58,331 ($545,629) $165,395 ($648,30 ),830,758 10,380,758 9,980,758 12,569,342 17,669,3A 6.494,221 16,468,455 16,530,180 16,558,990 11.547.3 2,882,598 12, 930, 896 12, 942, 313 12, 872, 206 17, 798, 2! 0 0 0 3,987,521 0 i,170,708 5,24,544 5,417,990 5,432,162 6,059,37 14,554,393 $45,082 984 _ 44 325 612 151,585,616 $52,425,9 / March April Mom_ June i) $910,255 $466,229 $1,902.469 2 13, 269, 341 13, 352, 701 15, 852, 721 5 15, 598.791 12,580,112 15,575,613 ,0 17, 850, 352 17,930.844 17, 953, 841 0 0 3,995,362 4,438,972 7,388,384 4,333,732 71 $52,067,711 $51,718,270 $59,613,738 1 $0 July 97 August September October November December January February March April May June (9 (4,957,635) (4,732 (7$,949,441) 413,231 $474,442 123,543 $10,1115,546) 2211, 91) 5,8711,291 5,096,291 635 3,732 635 5?274,4420 7$,215 546 12?518,289 5 546 14,544,334 14,559,914 14,574,990 14,590,570 11,983,203 11,987,034 11,990,865 8,992,377 8,994,050 8,001,440 11,006,330 16,503,681 10,489,958 10,490,802 10,992,022 10,992,819 10,993.590 10,994,386 10,995,182 10,431,323 10,444,753 13, 351,088 13,378,106 12,904,264 0 0 0 0 0 0 2,986,350 0 0 0 3,983,553 0 2,761,897 5.678,464 2,431.826 1,777,303 3,834,473 3,375,983 3,262,538 18,554,838 �$35,565,980 7,112,664 5,751,410 2,941,591 5,184,056 $47,345,836 $36629,295 $37,027,329 I$33,038,648 $31,453,429 $31,m4,534 $30202,214 $36,389,525 j$34,439,1401$34,443,0271$40,315,635 d>•l City of La Quinta Summary of Investment Activities City, Redevelopment Agency and Financing Authority May 31, 1999 Investments Purchased Name Checking & Savings Type— Checking & Savings _Principal $1,436,240 Expected - MaturityV_alue_ N/A Final Maturity N/A Yield_ _ _ -Date _- _ N/A LAIF - CITY State Pool 500,000 06-May-99 N/A N/A LAIF - CITY State Pool 2,000,000 18-May-99 N/A N/A LAW - RDA State Pool 0 N/A N/A N/A Prime Commercial Paper Credit Corporations 3,986,346 14-May-99 4,000,000 06/11/99 4.770% U.S. Treasury Notes U.S. Treasury Note 3,011,250 04-May-99 3,000,000 01/31/00 5.375% Mutual Funds Mutual Funds 0 N/A N/A N/A Total Investments Purchased $10,933,836 Investments Sold/Matured Gain/ Name Type— Principal- Date Yield Loss Checking & Savings —_ Checking & Savings $0 N/A 0 LAIF - CITY State Pool 0 N/A 0 LAW - RDA State Pool 0 N/A 0 Mutual Funds Mutual Funds 3,029,836 N/A 0 Total Investments Sold/Matured $3,029,836 0 Amortized Premium/Discount ($8,532) Recap_ Prior Month Ending Balance $51,718,270 Plus : Investments Purchased 10,933,836 Less: Investments Sold 3,029,836 Amortized Premium/Discount (8,532) Month Ending Balance - 1$59,613,738 City of Le Quints Reconciliation of Actual and Surplus Funds City, Rodsvebpnsnt Agency and Financing Authority May 31, 1999 of Actual Funds $69,613,738 ass Non -Surplus Funds (16,432) ass Transfer from LAIF 0 of Surplus Funds 59,597,308 ass Transfer from LAIF - est Accounts Payable (450,ODO) i450,000 d Su us Funds 59 147 308 City Cash 8lnvestrnenb Bank Accounts Nome - Avoibl:1-- TYPE. - -.._._ __ _ -- Book_Wells forgo - Demand Checking 515,432Petty Cash - Demand WA 1,ow Wells FargolAulo Mail - DemandgM,ovt Mutual Funds 1,8W,002 Wells F�oB-busing - Demand Checking 86,035 Total - Bank Accarnts ... _ 1 902 469 .8. Treasury 9 _._ Value Bank of New York - Domand __ Yn -- U.S. Trsosury Note --- 4 013 82B -- Total -U.S. Treasury_ 013829 Government Secturities Custodian - Availability_Surplus Issuxrt Original Book Valve Bank of New York - Demand Yes Federal Home Loan 5finli-DIN $4,978,309 Banc of Now York - Demand Yes Federal Notl Mlg Assn $5,022,194 Bank of Now York - Demand Ves Federal Horne Loan Bank $3.000,936 Bank of New York - Demand Yes Federal Credit Bork-0i $4 954 402 _ _ Total - U.S. T _Form 17 953,541 Commercial Paper Custodian-Avalks Aft - urplus Yes ssuerfr a . -Ford Motor Crack! Corp Original Book Valve -199B4O78 _ Bank of New York - Demand Bank of New York - Demand Yss Nike Inc $999,067 Baof Now York - Demand Bank Yes GTE Funding Inc sage,e70 of New York - Demand Yes Fund $998,549_ $3.995.362 _ --Bank - Tod - U.S. Govemment Securities _Be_llS_outh Local Agency Investment Fund Name - Avaio ilk�r ------LAIF- urplw - Book City -Demand Ves Stale Pod 10,907,500 LAIF - RDA - Demand Yes State Pod 4.944,921 - Total - State Pad---- ---_. - -__ ----- -- 15852721 Surplus Surplus Vsa Adj_ Yes _ _ 0 0 1,800,002 1,8W,D02 88 W5 _ 88,035. $1888037 _ _ _ _ _ _ $1888037 Surplua urplwYss_ Aid_ r4.01_369 13MI __Yea4 _ 013 Boll 013 Boll Surplus _ Y.Ag_ 94,978,309 urplus Yes $4,976,309- $5,022,194 $5,022.194 $3,000.936 $3,000,936 $4,954,402 $4,954 402 17953841---- 1795384-1 Surplus YesAd1__$Yef6 rp us 0907 —_ $999,087 $998,670 $998,670 $9911,549 $998.549 995362 Surplus Surplus Yes Adj Yes _ $10,907,SW _ ($450,000) _ $10,457,8W _4 944 921 ._ 4,944;921 15 852 721 50 000 15402 721 Surplus Surplus Adj No _ -NO _ $15,432 _ s0 $15,432 1,000 1,000 0 0 0 _ $18 4432 $0 - -0- $19 432 urpluf u us o - o Surplus Surplus �-_- O --N ___ __ -- - $0 $0 $0 $0 $0 $0 Surplus Surplus No Adj ..- $0 $0 SO s0 SO SO S0 Surplus Surplus No Ad1. No _ $0 _ s0 -0- --- - ------- 0 All unds Surplus Actual % Yes 3.1913% 3,1887% AN unds Surplus Actual % Yes 8.7327% 8.7858% AN un urplus Actual % __-Yes 30+1170% 30.3545%- All Funds Surplus Actual % Yes 8.7021% E.7549% AN unds urplus Actual % Yes --- 28.5924% - - 26.0413% Total City fnwstnwnts 1 8 6 000 1 ]{ 66] 0 0 0 1 l 70.1412% - T 99.9305% Total City Cash t Inwstrnenb ®1143,70,1,60 f1 110,432 1 $04 Fiscal Agent Inveshrnnta Portfolio - City investments Original - Custodian - Availability bus _ - issuer/type_ - Value 1995 RDA LLS.Bank-Demand Yes-- U.S.-Treasury Note 3,033,011 1995 RDA U. S.Bank - Demand Yes US Treasury Note 3,010,133 1998 RDA U. S.Bank - Demand Yes U S. Treasury Note 5,018.330 1998 FA U.S. Bank - Demand__ Yes U.S. Treasury Note 500.510 _ - Total - U.S. Treasu � - 11 581 984 Portfolio - Mutual Funds MoneyMarkel Trustee - Availablldt _. - _ Surplus Mutual Fund Book -. Civic Center U. S.Bank - Demand Yes tsl American $81,570 19B4 RDA U.S Bank - Demand Yes 1s1 American 742 1995 RDA U. S. Bank - Demand Yes 1 st American 1,183,863 1998 RDA U S Bank - Demand Yes 1st American 2,466,1 10 1998 RDA U. S.Benk - Demand Ves tsl American 601,447 Subtotal - Mutuai Fund $4 333,732 Total Fiscal Agent Investments _ t Grand Total 00 Surplus Surplus Yes _ _A4 _ Yes 3,033.011 3.033,011 3,010,133 3,010.133 5.018,330 5,018,330 500,510 -- $0 500,510 - $11 581 984 11 561 984 Surplus Surplus Yes _ Adj Yes $81,570 $81, 570 $742 $742 $1,183.863 $1.183.863 $2.466.110 $2,466.110 $601,447 $601,447 $4 333,732 30 $4 333 732 Surplus Surplus No Adj No 0 0 0 0 0 0 0 0 so All Funds Surplus Actual % Yes 19.3948% 19.5478% Surplus Surplus All unds Surplus No Ad) No Actual % Yes so s0 s0 $0 $0 s0 1 $0 $0 $0 $0 $0 s0 7 2697 % 7 3270 % 0 I so 0 26.6646% 1 26.6748% 16 43T 0 16 432 1 1 100.0000% 1 100.0000% City of La Quinta Cash Flow Analysis FY 98/99 Actual 7/98 - 5/99 Beginning Cash Balance 47,345,836 Property Tax/ Tax Increment 19,093,489 Transient Occupancy Tax 2,995,694 Sales Tax 2,138,493 Other revenues 19,451,343 Revenues 43967010 Expenditures Salaries & Fringe Benefits Redevelopment Agency Other expenditures Capital Projects Debt Service (Principal/Interest/Pass Through) Total Expenditures Net Revenues/Expenditures Changes in Assets/Liabilities Ending Cash Balance NO Change in Cash before Maturing Investments ,projected (Sources'Llses of Cash - City Pooled LAI F Maturing Investments - Pooled Cash Total -- Projected (Sources)/Uses of Cash - Fiscal Agent Bond Money Market Maturing Investments Debt Service Money Market Total Net Change in Cash after Maturing Investments Projected Liquid Cash Balances if no invaa, ,nents made LAW Balance Bond Capital Project Money Market Debt Service Money Market Major Changes in Cash Flow Analysis from Prior Report Revenues- No changes Expenditures - No changes 3,854,205 3,354,622 6,460,554 5,015,311 15,145,587 33,830,278 9,848,740 - 2419,164 59,613,740 Forecasted srss 59,613,740 248,21 300,000 186,920 1,408,472 2,143,599 323,077 116,805 847,611 2,055,474 317,839 3,660,805 (1,517,206) 7%99 58 096,534 171,462 225,000 93,460 612,458 1,102,381 329,538 115,713 839,771 2,270,310 885,528 4,440,860 (3,338,480) 58,096, 534 154,758,654 Forecasted _ 8/99 54,758,064 219,427 150,000 140,190 558,438 1,068,055 329,538 115,622 838,393 2,118,435 3,094,516 6,496,504 (5 428 449)- 49 329,606 49,329,606 190,648 60,000 186,920 1,035,164 1,472,732 329,538 115,622 838,393 1,817,193 467,175 _ 3,567,921 (2,095,189) 10/99 - - - 11/999 -- - 47,2341416 44,876,018 171,462 171,462 90,000 150,000 93,460 93,460 785,257 537,605 1,140,179 952,528 329,538 105,122 1,305,620 1,758,297 0 3,498,577 J2,358,398) 47,234,416 1 44,676 018 484,615 105,122 683,316 0 0 1,273,053 (320,526) 44, 555,493 767,206 2,588,480 5,328,449 1,995,189 2 258 398 220,526 -- - (4,000,000) (5 000 000) (5 000 000) 0 0 (4 000,000) (3,232,794) (2,411,520J 328,449 1,995,189 2 258 398 (3,779,474) 750,000 750,000 100,000 100,000 100,000 100,000 0 (500,000) 0 0 (5,000,000) (3,000,000) - 750,000 250,000 100,000 100,000 (4,900,000) (2,906,600) 2 482 794 2 161 520 428,449 1 2,095,189 2 641 602 6 679 474 15,852,721 11 ,497,035 4,333,732 3,583, 32 3,333 32 I 3,233,732 7 7 3 133,7 28,033 32 I 10,933,732 0 0 0 0 0 0 0 Total _ 47,345,836 20,266,159 3,970,694 2,932,903 24,388,737 51,558,493 5,980,051 4,028,629 11,813,656 15,035,020 19,910,645 56,768,006 (5,209,507) 2,419,164 44,555,493 CITY OF LA QUINTA CRY CITY RDA RDA FA BALANCE SHEET 05131M FIXED LONG TERM FILED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH _ 3,925,71112 11,270,957.41 (8,488.43) 15, 1810 LORP INVESTMENT IN POOLED CASH 650.000.00 880,183.0.000.00 INVESTMENT T-BILL/NOTES 8 OTHER 25,000,000.00 26,000,000,00 AUTO MALL CASH 1,800,002.03 1.800.002. 03 LORP CASH 06.03527 86,03527 BOND REDEMPTION CASH 175,358.68 28.73 175,387 41 BOND RESERVE CASH BOND PROJECT CASH 15,125,11M.70 582.051.20 15.707,946. 90 BOND ESCROW CASH PETTY CASH 1,000.00 1,000 00 CASH A INVESTMENT TOTAL 31.725.714.15 27,338247.06 573.593.50 --- 59,638,554 71 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE 64,425.95 79.157.88 8,2W.000.00 8.393.584.64 PREMIUMIDISCOUNT ON INVESTMENT 37.167.84 (51,473.46) (510.00) (24.815.52) LORP-ACCOUNTS RECEIVABLE 41.919.78 41.919.78 INTEREST RECEIVABLE 142,955.80 142,955.80 LOANMOTES RECEIVABLE 129,362.49 2,526,967.76 2,658,330.25 DUE FROM OTHER AGENCIES DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS 13,663.40 551,038.04 564.701 44 DUE FROM RDA 6,8902T7.20 6,890,277,20 INTEREST ADVANCE -DUE FROM RDA 1,023,211.97 1,023,211.97 ADVANCES TO OTHER FUNDS 998,721.94 995,721 94 NSF CHECKS RECEIVABLE 2,T/8.66 277668 ACCRUED REVENUE 833.40 83340 TRAVEL ADVANCES 3,794.00 3,79400 EMPLOYEE ADVANCES PREPAID EXPENSES RECEIVABLE TOTAL 9,150,402.48 3.283.399.00 8.259.490.00 20.693.291 A8 WORKER COMPENSATION DEPOSIT 37,637.W REM DEPOSITS UTILITY DEPOSITS 75.00 MISC. DEPOSITS 2,100.00 DEPOSITS TOTAL 39,81100 37,637.00 75.00 2.100.00 39.812.00 GENERAL FIXED ASSETS 1,098,865.00 15,008,708.00 11,430,745.05 27,546,318.05 ACCUMULATED DEPRECIATION (746,125.02) (746,125.02) AMOUNT AVAILABLE TO RETIRE LIT DEBT 3,395,117.03 3,395.117,03 AMOUNT TO BE PROVIDED FOR LIT DEBT 1,944,070.34 96,403,114.00 8,260,000.00 106,607,184.34 TOTAL OTHER ASSETS =739.96 15,008,708.00 1,944,070.34 11,438,745.05 99,798,231.03 8.260.000.00 136.802.494,40 TOTAL ASSETS 412M.668.61 15.008108.00 1.9M.070.34 30,621,616.06 11 438,745.05 99,798,231 03 8,833,087 50 8,260,000.00 217 774 152.59 LIABILITY ACCOUNTS PAYABLE (O.OZ) 22.139.53 (504.08) 21,835.13 DUE TO OTHER AGENCIES 1,134,380.98 1,134,380.98 DUE TO OTHER FUNDS 998,721.94 551,036.04 13,663.40 1.560.423.38 INTEREST ADVANCE-OUE TO CITY ACCRUED EXPENSES PAYROLL LIABILITIES 106,490.33 106.490.33 STRONG MOTION INSTRUMENTS 3,44121 3.441.21 FRINGE TOED LIZARD FEES 38,300.00 38.300.00 SUSPENSE (6,108.33) (6,106.33) DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 2,272,228.11 22.139.63 561,038.04 13.159.32 2,858,565.00 ENGINEERING TRUST DEPOSITS 56.224.00 58.224.09 SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 480.0520 466,835.20 LORP DEPOSITS 15,595.99 15,595.99 DEVELOPER DEPOSITS 1,736,588.13 1,736.586. 13 MISC. DEPOSITS 160,866.55 160.866.55 AGENCY FUND DEPOSITS 1,565,5W.31 1,585,552.31 TOTAL DEPOSITS 3,968,04428 15,595.99 4,003,640.27 DEFERRED REVENUE 11,26023 8,260,000.00 8,27' -50.23_ OTHER LIABILITIES TOTAL 11.25023 8,260,000.00 8,2 ..250.23 COMPENSATED ABSENCES PAYABLE 313.619.81 313.619.31 DUE TO THE CITY OF LA OUIMA 1,808,311.00 9,713,490.38 11,321,WI.38 DUE TO COUNTY OF RIVERSIDE 12,601,591.90 12,601,591.90 DUE TO C.V. UNIFIED SCHOOL DIST. 10,058,148.75 10,058,148.75 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE 57,415,000.00 8,260,000.00 75,675,000.00 TOTAL LONG TERM DEBT 1,921,930.81 99,798,231.03 8,260,000.00 109,9W,161.84 TOTAL LIABILITY 8,271,5=62 1,944,070.34 WO.W4.03 99.798.231.03 8,273,159.32 8,260,000.00 125.113.617.34 EQUITY -FUND BALANCE 34.998.145.99 15,008,705.00 30,055,012.03 11,438,745.05 559,924,18 92,080,535.25 TOTAL LIABILITY i EQUITY 412W."11.61 15.008.708.00 1,944,070.34 30.621.846.06 11,438 745.05 99,798,231.03 8,837 087 50 8. 600.000.00 217 174 152.59 J 7 n Tity/ 4 laQ" COUNCIL/RDA MEETING DATE: ,July 20, 1999 ITEM TITLE: Approval of Overnight Travel for the Public Works Director/City Engineer to attend the 1999 International Public Works Congress and Exposition sponsored by the American Public Works Association (APWA) in Denver, Colorado on September 19, 1999 through September 22, 1999 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Is STUDY SESSION: PUBLIC HEARING: Approve overnight travel for the Public Works Director/ City Engineer to attend a 4-day International Public Works Congress and Exposition sponsored by the American Public Works Association (APWA) in Denver, Colorado on September 19, 1999 through September 22, 11999. FISCAL IMPLICATIONS: The breakdown of estimated expenditures for this conference is as follows: ► Registration $ 340.00 ► Room (3 nights + 1 1 .8% tax) $ 465.00 ► Travel $ 430.00 ► Meals $ 225.00 Total $1,460.00 Funds have been approved for this conference as part of the Fiscal Year 1999/2000 Budget in the Public Works Administration Travel and Training Account #101-451- 637-000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The 1999 International Public Works Congress and Exposition is sponsored by the American Public Works Association (APWA). This yearly International Seminar and Exposition is for Public Works Directors, City Engineers, and Maintenance Managers, and provides education and direction on a number of issues facing Public Works Departments throughout the nation and around the world. r,3 3 T:\PWDEPT\C0UNC1L\1 999\990720b.wpd A number of seminars and discussions are available in operation practices, management practices, regulatory compliance, career enhancements, better business tools, advance technology, funding opportunities, and practical solutions. In addition to all of these seminars, there is a full exposition hall, showcasing advancements in materials and equipment. A meeting calendar listing the topics is included as Attachment 1. This congress and exposition also provides the opportunity to network with peers from throughout the nation and around the world providing a forum to find ways to solve problems, become more proactive, and stretch the City's resources with new ideas and innovations. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1 . Approve overnight travel for the Public Works Director/ City Engineer to attend a 4-day International Public Works Congress and Exposition sponsored by the American Public Works Association (APWA) in Denver, Colorado on September 19, 1999 through September 22, 1999; or 2. Do not approve overnight travel for the Public Works Director/ City Engineer to attend a 4-day International Public Works Congress and Exposition sponsored by the American Public Works Association (APWA) in Denver, Colorado on September 19, 1999 through September 22, 1999. Respectfully submitted, J Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1 . 1999 Meeting Calendar T:\PWDEPT\COUNC1L\1 999\990720b. wpd frl�i-,(Oflha i Week At A 61ance 2-2:50p. "p, 11 ItIIII, 1'-fl- 11 1 1 L, sAr... .......... ,l 3-4:30pm v ...... ..... I ... ...... ..... .. ....... 8-8:50am,nn . ...... ..... . .. ............... 11111, A I -9:50am All, 1-111 H, 11, 2-2:50pm N, ,,A,,,t I p It.11 .1 1h, 111101,11 11 ..... . ..... I I d "I IIIII-I, A-1-11 A 3-4:30pm ...... .... ... A .... ... ...... . 1 .... .... I ..... --.1 l(, St.,t, 5,1 ]I,,] R,qlII O l i 1 I ll,.wt III", 6 n r l D, A, 11i.1, -1 1 . ......,,.II-, "p, -1 2I ...... ( 9-9:50.M . ` P 1 , n rt . h l Id ........ . ......... ... ...... 2-2:50pm t,I A111 A U,11,1,1 P, In. t­ 11 Al,,h1,1h,111 t11I -k Ill, ttll,, 1111l,1 1,11', 3-4:30pm 1 2 111., 1,111 1 1, U d ..... ...... "d 8-8: 50a In AI �111111" I 9-950a. 1l A11-11I'l"1 1-, . ........... .. z10-10:50am ... .. .. HI ., ... i I.. I ... ........... R1, d d, I"I, b d 1-d' 11111-.1 1-., A, I'lrl n, ..... ......... . f I ... .. .............. . ........ ...... .... .. . ........ se L, thI 11h 1, -,lI,iI, l N... R, 1,., 'h� A "t"I'll 11 -11, It" ll, ... .. . ..... PL ....... ... BI. Will FI.11111 ll tIt l,p... ....... . .. ,Ih,,, 1, 1 "', ","I I t 41 ... ....... .... A�, l�«II 1,tIII,h� 'A'�1,1��"lpl"l�,�"",1111,11�'I'll'I -1none I 11111111h,l 111, N", 11,11' Ill 11"4t , .... .. ........ ..... ....... ..... I Nr. 11 1 1 11, N111 111 rote , 1� A 1, 11 A, 11, It, ....... . ... ­I-h.p ;=a 4�4 T4ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of Overnight Travel for Three Code Compliance PUBLIC HEARING: Officers to Attend a Training Class Given by Southern California Association of Code Enforcement Officials, Inc. Located in Long Beach, CA., July 23 and 24, 1999 RECOMMENDATION: Approve the overnight travel for three Code Compliance Officers to attend a California Association of Code Enforcement Officials certification class. FISCAL IMPLICATIONS: The costs associated with the attendance at the class will be funded through the Code Compliance, Training & Meetings Fund, Account #101-352-637-000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration $ 300 ♦ Meals 100 (Lunch provided) ♦ Travel 0 (City vehicle) ♦ Hotel 200 Total $ 600 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: A series of certification classes is being offered by the Southern California Association of Code Enforcement Officials on July 23 and 24, 1999 in Long Beach, California. These courses will improve the skills and abilities of the Code Compliance Officers in the performance of their duties and ensure that our Code Compliance Department is operating within all legal requirements. Please see Attachment 1 for course titles. u" FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1 . Approve the overnight travel for the Code Compliance Officers to attend the California Association of Code Enforcement Officials certification class; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, om Hartung, Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Class announcement showing class subjects 71 &1 r, THE SO UTHERV CALIFO'lW1A ASSOCIATION ATTACHMENT 1 OF CODE FATE-ORCFAfF1 Ar7' OI-,FICIALS ANNOUNCES THE SERIES OF... FRIDAY- DULY 23, 1999 CLASS I -'*FIELD ACTIVITIES" SATURDAY - JULY 24, 1999 CLASS II - "LEGAL ASPECTS" ll_\,,'TERMEDllATE CERTIFICATION CLASSES FRIDAY- JULY 23, 1999 SATURDAY - JULY 24, 1999 CLASS III - "ADMINISTRATION REPORTS" CLASS II - "WARRANT PROCESS" LOCATION: ABOARD THE QUEEN MARY 1126 QUEEN HIGHWAY, LONG BEACH, CA. (310) 432-6964 REGISTRATION: BEGINS AT 8:00 - 9:00 A.M. THE COST IS $50.00 PER COURSE: NON-S.C.A.C.E.O. MEMBERS S75.00 PER COURSE. MAIL CHECK AND COMPLETED APPLICATION FORM WHICH IS LISTED BELOW TO: S.C.A.'C.E.0 „ BO ., X 122" .V. 1?v :✓, �V �Yi'VL. ice, 1.f1 90240-0225 ATTENTION: CERTIFICATION YOU MUST VF_RRALLY R.S.V.P. BY JULY 20, 1999 WITH MARIA CANO CERTIFICATION COMMITTEE SECRETARY, CITY OF CUDAHY (323) 773-5143 YOU NIUST RSVP BY PHONE FOR EVERY COURSE TO CONFIRM YOUR ATTENDANCE (REGARDLESS IF YOU HAVE PREPAID). OTHERWISE AN ADDITIONAL $10.00 ADMINISTRATIVE FEE WILL BE CHARGED AT THE DOOR!!! ***Pi?RCIIASF, ORDERS ARE NOT ACCEPTABLF*** ----------------------------------------------------------------- APPLICATION: BASIC ❑ 1 11 111 1v v INTERMEDIATE ❑ I II III Iv v LAST JOB TITLE ADDRESS ZIP CODE FIRST AGENCY CITY AMOUNT ENCLOSED COPY OF P.C. 832 ON FILE? Y N DAY TIME PHONE $ STATE FOR A FULL REFUND CANCELLATIONS MUST BE RECEIVED A MINIMUM OF SEVEN (7) DAYS PRIOR TO TRAINING ! ! ! ! ! U7S C 04 COUNCIL/RDA MEETING DATE: July 20, 1999 ITEM TITLE: Approval of Changes to the City Clerk's Job Description and Salary Range RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the revisions to the City Clerk's job description and adjustment of the salary to range 71 effective September 15, 1999. FISCAL IMPLICATIONS: The current salary range for the City Clerk is 72 ($4765-5792/mo.). The proposed salary range of 71($4652-5654/mo.) would be a reduction of $138 per month at the top step. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's job description currently indicates the position is responsible for the functions of the Public Information Officer (PIO) and reports to the City Council. Staff has revised this description to remove the PIO duties and change the reporting relationship to the City Manager (see Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 , Approve the revisions to the City Clerk's job description and adjustment of the salary to range 71 effective September 15, 1999; or 2. Do not approve the revisions to the City Clerk's job description and salary range; or 3. Provide staff with alternative direction. Respectfully submitted, -19r/U 4� JohrAuiz, Pers nnel/ ' k Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . City Clerk's Job Description fjo2 ATTACHMENT 1 THE CITY OF LA QUINTA CITY CLERK GENERAL STATEMENT OF JOB Under the administrative direction of the city eoun , City Manager, plans, organizes, coordinates, supervises and directs the activities, staff and programs of the City Clerks Department; manages the functions of Public information; provides switchboard/receptionist functions; provides staff support to the City Manager; and any other such duties as may be delegated by the City Manager. REPORTS TO: City eotineil City Manager ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. ► Directs and participates in development and implementation of departmental goals, objectives, policies, and procedures; ► Manages the operations of the City Clerks Department; responsible for budget preparation and monitoring; selects, supervises, trains, and evaluates staff, maintains departmental awareness of state-of-the-art developments in management and fields of specialty; ► Performs all statutory duties of the City Clerk as set forth in the California Government Code and all duties referred to in La Quinta Municipal Code Section 210.030 as well as all duties described herein and any additional duties as may be assigned; ► Attends all meetings of the City Council/Redevelopment Agency/Financing Authority and records minutes thereof; ► Directs preparation of City Council Redevelopment Agency/Financing Authority agendas, including preparation of resolutions, ordinances and written materials; Serves as Publie information Officer, prepares eity's section of the monthly eommumity newsletter, Prepares various press releases; coordinates press conferences, ribbon -cuttings, open houses and other Council appearances; ► Maintains all official records of the City and the Records Information System; ► Manages the Citywide Telecommunications System; ► Maintains Consultants Registry; ► Conducts recruitment for various Boards/Commissions; ► Maintains Municipal code; ► Conducts all Municipal Elections; ► Acts as Deputy Registrar of Voters; ► Acts as Notary Public; ► Performs various related essential duties as required. IMS ('04 THE CITY OF LA QUINTA CITY CLERK GENERAL STATEMENT OF JOB Under the administrative direction of the City Manager, plans, organizes, coordinates, supervises and directs the activities, staff and programs of the City Clerks Department; provides switchboard/receptionist functions; provides staff support to the City Manager; and any other such duties as may be delegated by the City Manager. REPORTS TO: City Manager ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to he construed as exclusive or all-inclusive. Other duties maY he required and assigned. ► Directs and participates in development and implementation of departmental goals, objectives, policies, and procedures; ► Manages the operations of the City Clerks Department; responsible for budget preparation and monitoring; selects, supervises, trains, and evaluates staff, maintains departmental awareness of state-of-the-art developments in management and fields of specialty; ► Performs all statutory duties of the City Clerk as set forth in the California Government Code and all duties referred to in La Quinta Municipal Code Section 210.030 as well as all duties described herein and any additional duties as may be assigned, ► Attends all meetings of the City Council/Redevelopment Agency/Financing Authority and records minutes thereof; ► Directs preparation of City Council Redevelopment Agency/Financing Authority agendas, including preparation of resolutions, ordinances and written materials; ► Prepares various press releases; coordinates press conferences, ribbon -cuttings, open houses and other Council appearances; ► Maintains all official records of the City and the Records Information System; ► Manages the Citywide Telecommunications System; ► Maintains Consultants Registry; ► Conducts recruitment for various Boards/Commissions; ► Maintains Municipal code; ► Conducts all Municipal Elections; ► Acts as Deputy Registrar of Voters; ► Acts as Notary Public; ► Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree or equivalent from an accredited college or university with major course work in public administration, business administration or a closely related field; at least 6 years of increasingly responsible experience as a City Clerk, including 2 years in a supervisory capacity; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. 9�1� � 005 City of La Quinta: City Clerk Required Licenses and Certification Certification by the International Institute of Municipal Clerks is desirable. Must possess a valid Class C California drivers license. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • municipal administrative principles and practices, including goal setting, program and budget development and implementation and employee supervision; • the Brown Act, Political Reform Act, and California Elections Codes, • applicable city, state and federal laws and regulations. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to exert a small amount of physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisorial Responsibilities: • Ability to assign, review, plan, and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees, • Ability to assess the work of employees and write performance appraisals, • Ability to organize, direct and coordinate the activities of the department; • Ability to delegate authority and responsibility, and program work consistent with department, City and Agency needs. Mathematical Ability: • Ability to add, subtract,. multiply and divide. • Ability to compute ratios and profit and loss. Judgement and Situational Reasoning Ability: • Ability to apply principles of rational systems in budgeting; • Ability to apply principles of influence systems in supervising; • Ability to apply principles of synthesis functions in development of Departmental goals, • Ability to use independent judgement in periodically non -routine situations. Language Ability and Interpersonal Communication: D Ability to comprehend and correctly use a variety of informational documents including meeting minutes, elections materials, resolutions, ordinances and records; • Ability to prepare community newsletter, press releases, letters of correspondence, and 006 City of La Quinta: City Clerk employee performance evaluations using prescribed format and conforming to all rules of punctuation, grammar, diction and style. • Ability to comprehend a variety of reference books and manuals including policy manuals, and city, state and county laws and ordinances; • Ability to communicate effectively with local government officials, the media, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. July 1999 6,81 0, 0 7 Titi tt, 4 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29052, PUBLIC HEARING: Lundin Development RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel 29052 is located on the northwest corner of Jefferson Street and Avenue 50 (Attachment 1), and consists of 7 commercial parcels (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of July 13, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (August 19, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk and the associated securities. 086 T:\PWDEPT\C0UNC1L\1 999\990720d.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt/ Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement TAPWDEPT\C0UNCIL\1999\990720d.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL 29052, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1 . The final map for Parcel 29052 is conditionally approved provided the subdivider submits all required items on or before August 19, 1999. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. 087 Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 19, 1999. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 004 4=l7!' 14/ 1999 12 : C 5 760-3415999 I'`�='sRPJ=R EhJ'aIhJEERI''d'. ATTACHMENT 1 HIGHWAY AVENUE. ♦8 RANCHO LA OVUM COUNTRY CWO r.- LA QUFNTA N COUNTRY CiU8 z CITRVS COURSE O W AVENUE 52 VICINITY MAP (NO SCALE) ti o= z O PARCEL MAP 29052 All 006 07/:14/1999 12:05 769—:415339 ,,1;,��,.IER E�'•d:aI"dEE,4I'd'a IN THE ClT'Y OI u OUTA ocxNtrY of (aroiS►oc. STATE or CNNOR M PARCEL. MAP NO. 29052 W DW MW OF THt $M" M—ilWYMS OF THE 90UTWaT G MIRM Of lEx.nOM 32. 7nNNJl1lV S WJTK ftWM a EAST. @0"& BMW e1E OMW XCOM"M TO Ted O"ICAL PLAT THEREOF Wkrner PAl1d OIw, CAIJFORtI{A MAY, iSYO Tlele fM► 67pRJ1le9 a ►nAgttl �ra j1�1 AIIQ 2 GR1111� kill. 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N A 4, !/ m IMM Mal ow MfAO A rM® MMw sA ILLY fill ff K 1a/IR OF MMMIO �I w oki r IM ...—_.-.— ow rP Awwv 00 CITY of LA QuINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29052 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 19 by and between BLP Desert, a California Limited Partnership hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS, - A. Subdivider has prepared and filed a final map or 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. 29052 (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. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 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. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29052.wpd Page t1 !of 6 V V 9 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or 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 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 or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 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 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:APWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29052.wpd 61 ';q Sap. v 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29052.wpd Pa e of 6 O i 1. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 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, T\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29052.wpd P19 V2 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 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. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEM EN. TS\29052.Wpd Page 55 of 6 0 1,) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title By: Title. - Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date BLP Desert 16400 Pacific Coast Hwy, STE 207 Huntington Beach, CA 92649 (562) 592-6020 Date Date Date Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEM EN. TS\29052.wpd Page® 164 Exhibit A SECURITY - TRACT 29052 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. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 206,952 206,952 Water 306,020 306,020 Sewer 110,000 110,000 Perimeter and Median Landscape 385,000 385,000 Underground Electric and Pole Relocation 787,600 787,600 Traffic Signal 32,500 Plan Design/Contingency 914,036 Monumentation 6,000 Totals: $2,748,108 $1,795,572 015' Tity/ 4 .0� QdArcv AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29121, MSG PUBLIC HEARING: Enterprises, Inc. RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29121, MSG Enterprises, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 29121 is located on Winged Foot, within the PGA West Development (Attachment 1) and consists of 17 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of July 12, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (August 19, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. T:\PWDEPT\STAFF\GUZMAN\TRACTS\29121 cc. wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29121, MSG Enterprises, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29121, MSG Enterprises, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: 0 Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement T:\PWDEPT\STAFF\GUZMAN\TRACTS\29121 cc.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29121, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 29121 is conditionally approved provided the subdivider submits all required items on or before August 19, 1999. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 19, 1999. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: 1 , Dawn Honeywell City Attorney 004 ATTACHMENT 1 L 52ND. AVE 53RD. AVE z 0 W 54TH. AVE PGA WEST S I T E I W 0 D� I ICH RD. 6 AIRPORT BLVD. 11 VICINITY MAP NTS X 006 -50 -25 0 50 150 C40HIC SCALE: 1'.SV 0 FD PK ,WC LAM NASLfR RCC 33486 N AS% ON. 0. 10', PER IMOT M* N0. 25500--1 LS 217119-24 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 0 If [NaCFD [ - �7::.a] t� BEING A DIVISION OF LOT(5) 3, 4, C-2, & C 3 OF TRACT NO.25500-2, IN THE CITY OF IA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 217 PAGE(S) 19 THROUGH 24 OF MAPS, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CAUFORNIA COACHELLA VAU.EY ENGINEERS JUNE, 1999 STREET MADISON FO HC AW MTM MMSNER ROE 334M N ASHI. O. 005 PER "Wr WP NO. 255CE0-2 NB 277/19-24 TRACT NO. 214943 [J0744� 30'20'w 46 ~ A01'25'IYW I1586' = CTI -_._- 31.J0'_ _J71I' C2 47 o FF A 1 L SEf DEAr'Ir 5 BFLOIY 1. PIERAOF 2 NCO A0. 26500-< -94 17 &I I g, iIg kl 16 )611905F. I I /590.0SiSF. W 15 IA 7591.005E W J599.II9F 13 J1RI6/SF TRAOrL NO. %600-d x OIJ AG i i .1/AC. O.I/N'. a.I�K.. 0.11 AG AIS 282107-9W 1 ^I I " J72,' �1 s1.0 J96' 17J Sf.JO' / NOT N'pe'w 75.2y •9A•W MJ59 5'071J31'E 113.BB' (50715'1YE 11580•) � L In. ; 1�2' 11 wi,-H P!15T,C CM & - !S 4E93 L'N- 0.30' NO RECIIRO ACCI-11 ASS AV,,,,LC POINT IN TRACT PJUNMUY SURVEYOR'S NOTES • MO/C47ES FOUND "UMENT AS NOTED HEREON o INOM.MTES SET I' IRON PIPE, 19' LONG W/P/AST1C CAP 'L.S. 4J37', SET FLUSH ( ) ND/GMTES RECORD 047A PER TRACT MAP NO. 25500-2 M.B. 217119-24, O.R. [ J INDICATES RECORD DATA PER 7RMCT MAP NO 25500-4 N.B. 232/87-94, O.R. N.B. AMP BOOT! P.U.E. PU&.,C IMUTY 645EMOVT (R) RADML BEARMC R.S. RECORD OF SLWWY ® DENOTES TO' WFDE STORM a41RI EASEMENT RESERVED HEREON O DEMOTES DOSDNG 10' *W P1/BLT7 U7RJ7Y EASENEM PEA' 7R 25500-2 MAB 217119-24 O.R. I' MYX/ PFL TA00ED L.S. 4337, FLUSH OR A LDID AND TALX, Af ,K'FD L.S. 4T37 AV COACRF'M OR /F LOT CONYU FALLS OV FACE OF CURB. SET LEAD AAO TACT( TAGOW LS 4M7 M 7DP OF CURB ON A 0.25' OVSET, TO aE SET AT ALL LOT 00"CM EXCEPT AT B.C'S LC.'S AR.C'S THAT ABUT A STREET WiACH ARE NOT LOT CCNMERS AARKMO SW LOT LA'LS TO BE SET AT ALL TRACT CCIPNFRS MO TO BE SET AT ALL Q7Y/Ua f 00iRSXTOS, &C.'S Ec 5 AAO ALL O7AFR CiJV]FIPLMLC F0N15 OF COAARM UNLESS OTNUNIS'E NOTED. ALL mavAW NU S/A71114 'SEY SHN.L W SET W ACCORDWE RIM 7AE MOMAEVTATON AORfdENT fW PfS AMP, LMM WMRIWSE ACTED TW AMW CONIAMS J.73 AMS GROSS 17 NUMBERED LOIS AND LOT A' fD. 1112-F WN OW 2I LS 4691 fLlLSH VO RECORD ACCIP70 AS VAXE PONT N T%C7 80045 71' SHEET 2 OF 2 SHEETS I -- - -- '- L4A&b71 By FD PK NAK MAN WASHER PROWON HUM MV RCE M486 M ASPH ON. 0.10' - f&W POWS NORW A ' SET A17NM Q MR TRLCT OWAV.25500-2 ,� MAP BOOK 203/37-60 LOT A \ y \per C-3 W2/7/I9-24 _ _ NA.P-- 0 3 N.A.P. /i C28 - SOP15'IYf 171.30' (Ill.lB) 4--� D-4 E m C' AS SUY25•IYE 171.30' PD, PK MAH WASNOP'RC•E 11486•- .75 AL;gE� R•76J.00' 0.19'JS'11• L� J94.01' JJ LOTAwK r RR-781.30' D 19'75'21• L^ 40J3 T.21 T=201.52• ,QT1 9 Ul t7.a 1•106.40' �ryVATE STR C1 C5 i - ,40' C1 _�� v -51. _ 51�70__ 51.J�'_ 1 r B $ MAS'PIL ON O.IO' PFR TWU ALW NO. 2MOO-1 MR 277119-24 CIO R-600.00' D-29'J5'22' L• 41 J.1J3 I CIO C71 C7 CIS CJ til �I �I B K1 Iq �^ II 10 9 707.NIF. nJI A9 SF. w O.ISAC. 751.B3,f.W O.I1 K. r I 154195E NoL'A4C5.F4,1„ otMAC ^: h y O.IMK 7� 0.17K L,j I W 'Ig 1 ' 1 C9 cB SEF J A. 114 ` CI ti C4 T.130.4is BELOW R.948.00' 0.29'J5'45' L^ 189.66 T.130.19') FDLL1' F WIN TAG (R-948.00' 0-29'35'25- L. I89.39' S PER L•N:.010' ACYEYIE0 AS PfR 7�T YW Ip. 13 2 LL9 117 I9-24 LOT 3e SET r,LS• Ls 4117 TRACT NO, 21543 M.B. 203137-60 BASIS OF BEARINGS &ISIS OF BFARMG.S TAKOI fROMI THE CEN/ERLME OF MIAOED FOOT AS SNOMN aV TRACT AMW NO 25500-2 ON FRE 2J BOOK 217 PAGES 19 L 24 Or AMPS RECORDS OF RIVERSIDE COUAV 9E0O NO2'25'1 YW NT7302D'w 7546' Ir t4 F R - - � © � 110' SiORMI sf4n I 15. 51 s lTE�---� I I anwo Aa ALV9I L DETAIL "BI' NOTTOSCAIE VICINITY MAP LOT'4 �l - LOT13 LOT z 8 \35 til 4 3 2 W 7 MZ TRACT NO, 26600-2 2 y, 7.R.171F, l� 75i'1751 ;`.9`175F. M.B. IY7119-24 r.6 _ J1B7.M MST o.1e Ac.. %KA555.F. alax ;f O.I/IC 0.17K 3 o. •i7K '�h+ sr. nao.tl yW, 13 � x g \wg \ \4 \� SI.Jo• 51.30' 51.30' „�1 C1(17.2r ' (50715'IYE 171. IS) ESJA& SH BY 0725'I rE 171.1E \-JNTLRSECWN OF RECORD FD. I' M II RN TAG'RCE AAVxE FROM MARJSNFD JJ48r Dw.. a3o' PER POW FAST AND FMM0 A41C7 AMW NO. 25500-2 POW AORTH NB 2I7119-24 1 FD. f /Y Fr TAC DETAIL "A" BLE LN "or ACCUU AS DETAIL PER AW7 MMP ALI 25500-1 = NO 217119-24 SET AG LS 4J17 CURVE TABLE CURVE RADIUS DELTA LENGTH_ TANGENT CI eCO.ar OY44 ' 52/6' 26D9' C2 19&o0' , JAOT " 1&571 _ cT 800.001 5138' 2570' C4 948-1- arm"r SUE' 2568• C5 moo* Oxillar 52.W 26.35' CS 5aoo' 12.691 6.4r C7 &WOO, Or4j CM' 51.16' 2574' C8 94&w 5T.6r 2554' C9 94800' 52.09' - 2&a5' C/o en.ar arwir 52.4Y 2&22' CII BOD.ar /5301 7.85' CII &VOO, ST.82 2592' C/J 94&00' 03wlw 51.31, 25N' CN moo' 51.42' 2571' C15 8,70.00, 5T.31• 2567' CIS "&CO' arloyr 514T• 26.22' C17 "&DO• 5T.91' 25 CIB 918AO' S1.M 1S C19 maw 5T.66' 15 ' C20 Saar 14 1292' 6.b' C22 235.ar 4 6a68• J0. C2J 21050' 471 55W 2& ' C14 WOO` 14.10• 7 C26 19aoco 1706' & C27 TJSar 6a6B' Jo.. ' C28 21450' 4 5590' 2& C29 Waco, J&&i• 17. cm 19aar 3407 17. aTl moo, IJr a 02 1 OMM' 'I 21.90' Ta CJT 1 19400, rIT41' S1.lJ' 23. 04 1 19800' I lr4r4l' I 61.IJ' 1 25. �� N CITY OF LAQUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29121 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 119 , by and between MSG La Quinta Homes, LLC , a California Limited Partnership hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or 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. 29121 (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. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 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. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd G� Page ITO 8 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or 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 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 or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 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 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). T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd Wit' Page 2 of 6 00;9 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121 .wpd Page 3 of 6 '. , L 9 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 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, T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd `^ Page 4 of 6 all and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 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. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd Page 5 of 6 01ti IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY Thomas P. Genovese, City Manager ATTEST: Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 MSG La Quinta Homes, LLC 20700 Ventura BLVD, STE 128 Woodland Hills, CA 92364 (818) 710-0911 Date Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd Page 6 of 6 01. Exhibit A SECURITY - TRACT 29121 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 and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 72,780 72,780 Grading 39,120 39,120 Offsite Participatory Improvements' 47,680 0 Monumentation 5,000 0 Totals: $164,580 $111,900 This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $47,680 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. 014 / T �FM OF �AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 20, 1999 ITEM TITLE: Approval of Agreements for Acquisition of Real Property for Two Right -of -Way Parcels Necessary to Construct Project 98-09, Washington Street Bridge Widening RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: 9- STUDY SESSION: PUBLIC HEARING: Approve the Agreement for Acquisition of Real Property, APN#646-070-006, from Amcor Realty Fund III, a California Limited Partnership, for its appraised value, in the amount of $4,900.00; and Approve the Agreement for Acquisition of Real Property, APN#769-040-016, from Donald H./Winifred A. Spengler, for its appraised value, in the amount of $3,900.00; and Authorize the City Clerk to accept and record the grant deeds and easements after the close of escrow. FISCAL IMPLICATIONS: There are adequate funds within the project budget to support the recommendation. The approved project budget is as follows: Category FY1997/98 Design: $213,367 Technical: $0 Construction: $54,499 Administration: $8,500 TOTAL: $276,366 CHARTER CITY IMPLICATIONS: None. $58,975 $842,491 $45,000 FY 1999/00 $55,000 $141,025 $1,563,010 $66,500 Total $268,367 $200,000 $2,460,000 $120,000 $946,466 $1,825,535 $3,048,367 T:\PW DEPT\COUNCIL\1 999\990720e.wpd BACKGROUND AND OVERVIEW: This project provides for the widening of Washington Street from 500 feet south of the La Quinta Evacuation channel to Avenue 50, including the widening of the existing bridge across the channel from 40 feet to 96 feet wide. Ultimate right-of-way improvements are planned, which will result in an arterial roadway with six lanes separated by a landscaped median. On January 20, 1998, the City Council authorized staff to begin the consultant selection process for preparation of plans, specifications and Engineer's estimates for this project. Subsequently, the City Council authorized award of a professional services agreement to Holmes & Narver, Inc. to prepare the necessary plans, specifications, and Engineer's estimates at the April 21, 1998 City Council meeting. On January 19, 1999, a Public Hearing was held to review the conceptual landscaping plans and geometric layout of the proposed improvements, and to certify a mitigated negative declaration of environmental impact. Final aesthetic issues related to the bridge and retaining wall construction were decided by the City Council at its February 2, 1999 meeting. These final project plans are the completion of the engineering drawings with the layout and content as approved by the Council at its previous meetings. On April 20, 1999, the City Council approved the plans, specifications and Engineer's estimate for Capital Improvement Project 98-09, the Washington Street Bridge Widening, authorized staff to advertise for bids to construct the Washington Street Bridge Widening improvements, Capital Improvement Project 98-09, and authorized the extension of the Professional Services Agreement with Holmes & Narver, Inc. in the amount of $170,263 to include construction management and inspection services. On May 4, 1999, the City Council approved the real property appraisals and gave authorization to begin right-of-way acquisition negotiations with Amcor Realty Fund III and the Spenglers' to obtain the property necessary to complete the project. On June 22, 1999, the City Council awarded a contract to E. L. Yeager Construction Company, Inc. in the amount of $2,428,700.05 to construct Capital Improvement Project 98-09, the Washington Street Bridge Widening. On June 28, 1999, negotiations were completed for the necessary right-of-way acquisition. On July 2, 1999, staff received the Agreements for Acquisition of Real Property executed by the respective property owners (Attachment 1) from Holmes & Narver. T:\PWDEPT\C0UNC1L\1 999\990720e.wpd FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Approve the Agreement for Acquisition of Real Property, APN#646-070-006, from Amcor Realty Fund III, a California Limited Partnership, for its appraised value, in the amount of $4,900.00; approve the Agreement for Acquisition of Real Property, APN#769-040-016, from Donald H./Winifred A. Spengler, for its appraised value, in the amount of $3,900.00; and authorize the City Clerk to accept and record the grant deeds and easements after the close of escrow; or 2. Do not approve the Agreements for Acquisition of Real Property; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1. Agreement for Acquisition of Real Property (APN #646-070-006); Agreement for Acquisition of Real Property, Slope Easement and Temporary Construction Easement (APN #769--40-016) 03 TAPW DEPT\COUNCIL\1 999\99O72Oe.wpd ATTACHMENT 1 PARCEL NO: HAN/002/002 APN: 646-070-006 TITLE REPORT NO: LG 15181 1530 PROJECT: WASHINGTON STREET BRIDGE WIDENING AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this day of 1999 by and between the City of La Quinta, a Municipal corporation (hereinafter referred tb as "Buyer"), and the undersigned owner(s) (hereinafter referred to as "Seller") for acquisition by Buyer of certain real property interest as hereinafter set forth: IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Buyer of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, for the consideration hereinafter stated, a portion of the following described real property in the City of La Quinta, County of Riverside, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 3. BUYER AGREES TO, AND SHALL: A. Pay seller the sum of FOUR THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($4,900.00) for a portion of the property or interest conveyed above concurrently with recordation of a Deed vesting title to said property in Buyer free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded), and taxes, EXCEPT: I. Taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. II. Covenants, conditions, restrictions, and reservations of record. III. Easements or rights of way over said land for public utility or public street purposes, if any. IV. Items C, D, E, 1, 2, 3, 4, and 5 of Litigation Guarantee 9LG151811530 issued by Stewart Title of California, Inc., dated December 18, 1998. PAGE 1 OF 3 :, 00 B. Pay all recording fees incurred in this transaction, and, if title insurance is desired by Buyer, the premium charged therefore. This transaction shall include payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release of mortgage by Buyer. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements and leases. C. Have the authority to deduct and pay, from the amount shown in Clause 3A above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this transaction closes, together with penalties and interest thereon, and/or delinquent or non -delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this agreement. 4. Buyer has the authority to deduct from the amounts payable to Seller under Clause 3A of this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except penalty (if any), for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder. 5. Seller warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT: None. 6. Seller consents to the dismissal of any action filed by Buyer for the condemnation of said property and waives any claim for costs, attorney's fees, and deposits in said action made by Buyer, or any claim whatsoever which might arise out of the filing of such an action, whether or not such claim is specifically identified in this paragraph. 7. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 3A herein is payment in full to compensate Seller for any and all damage to Seller's remainder property by reason of the acquisition of the subject property or the installation of the improvement project in the manner proposed. 8. It is understood and agreed by and between the parties hereto in addition to the compensation shown in clause 3A hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: A. None. It is further understood between the parties hereto that if the improvements referred to in Paragraph 8A above are not removed from the subject property prior to construction, Buyer, its agents, contractors, or assigns, shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without further responsibility to Seller whatsoever. PAGE 2 OF 3 9. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above mentioned improvement, the right to enter upon Seller's property for any of the following purposes: A. None. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in a good condition as found. 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. THIS AGREEMENT contains the entire agreement between the parties and neither party relies upon any warranty or representation not contained in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF SELLER: 52300 ENTERPRISE WAY COACHELLA, CA 92236 MAILING ADDRESS OF BUYER 78-495 CALLE TAMPICO LA QUINTA, CA 92253 SELLER: AMCOR REALTY FUND III, A CALIFORNIA LI ITED PA TNT HIP BY: /✓ BY:� l BUYER: CITY OF LA QUINTA, A MUNICIPAL CORPORATION PAGE 3 OF 3 t 00°7 LEGAL DESCRIPTION That portion of Parcel 1, as shown on the Exclusion Map of certain lands from Dessert Club Manor Tract No. 2 attached to an order and decree excluding lands from subdivision recorded June 1, 1959 as Instrumcnt No. 47455 of Official Records of Riverside County, California, desenbed as follows: BEGINNING at the South quarter comer of Section 31, Township 5 South, Range 7 East, San Bernardino Base and Meridian, as shown on said Exclusion Map; Thence South 89' 59' 27" East along the South line of said Section 31, 63:00 feet to a point of intersection with the Southerly prolongation of the most Easterly line of an easement for road and utility purposes, in favor of the City of La Quinta, described in instrument recorded June 13, 1991 as Instrument No. 198527 of Official Records of said Riverside County; Thence North W 00' 5 1 " West along said Southerly prolongation, 30.00 feet to the South line of said Parcel 1 and to a point at the Southerly terminus of the most Easterly line of $aid easement, said point being the TRUE POINT OF BEGINNING; Thence continuing along said most Easterly easement line North OOP 00' 51" West, 20.00 feet to the Nortberly terminus of said easement line; Thence South 89' 59' 27" East along a line parallel to said South line of said Parcel 1, 100,00 feet; Thence South 84' 16' 34" East, 116.61 fat to a line described as North 84' 35 07" East, 740.80 fleet by deed to the Coachella Valley Water District recorded March 13, 1978 as Instrument No. 45988 of Official Records of said Riverside County, said line being the second course therein referred to following the true point of beginning; Thence South 84.35' 13" West along said Coachella Valley Water District line, 88.78 feu to the South line of said Parcel 1, said South line also being the North line of 50th Avenue, 60 feet wide; Thence North 89° 59' 27" West, 127.64 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and easements of record. Containing 3.277 square feet nr 0.075 acres of land, more or less. As more particularly shown on Exhibit "A" attached hereto and by this reference made a part of. EXHIBIT "A" 008 1/4 SECTION CORNER PC (P.0.8.) ".00' = A S 09'39'27' E �• PARCEL 1 OF EXCLUSION MAP OF 1" 60' DESERT CLUB MANOR TRACT NO. 2 PER INSTR. NO. 47455 APN: 846-070-006 ROAD ANO UTIUTY ESMT. PER INSTR. NO. IM27 INSTR. NO. 45088 APN. 646-070-005 S a959.27• E 100.00' S 041 e'34a E Ie.e1' N 89'59'27' W 127.04' 94WIr M r>d7>s' _ SECTION 31 50TH AVENUE SECTION 6 EXHIBIT "A" 000 PARCEL NO: HAN,1002/001 A PN: 769-040-016 TITLE REPORT NO: LG 15181 1529 PROJECT: WASHINGTON STREET BRIDGE WIDENING AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this day of 1999 by and between the City of La Quinta, a Municipal corporation (hereinafter referred td as "Buyer"), and the undersigned owner(s) (hereinafter referred to as "Seller") for acquisition by Buyer of certain real property interest as hereinafter set forth: IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Buyer of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, for the consideration hereinafter stated, a portion of the following described real property in the City of La Quinta, County of Riverside, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 3. BUYER AGREES TO, AND SHALL: A. Pay seller the sum of THREE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($3,900.00) for a portion of the property or interest conveyed above concurrently with recordation of a Deed vesting title to said property in Buyer free and clear of all liens, encumbrances, assessments, easements, and leases (recorded and/or unrecorded), and taxes, EXCEPT: I. Taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. II. Covenants, conditions, restrictions, and reservations of record. III. Easements or rights of way over said land for public utility or public street purposes, if any. IV. Items C, D, 1, 2, and 3 of Litigation Guarantee #LG151811529 issued by Stewart Title of California, Inc., dated January 7, 1998. PAGE 1 OF 3 B. Pay all recording fees incurred in this transaction, and, if title insurance is desired by Buyer, the premium charged therefore. This transaction shall include payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release of mortgage by Buyer. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements and leases. C. Have the authority to deduct and pay, from the amount shown in Clause 3A above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this transaction closes, together with penalties and interest thereon, and/or delinquent or non -delinquent assessments or bonds except those which title is to be taken subjectto in accordance with the terms of this agreement. 4. Buyer has the authority to deduct from the amounts payable to Seller under Clause 3A of this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except penalty (if any), for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder. 5. Seller warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT: None. 6. Seller consents to the dismissal of any action filed by Buyer for the condemnation of said property and waives any claim for costs, attorney's fees, and deposits in said action made by Buyer, or any claim whatsoever which might arise out of the filing of such an action, whether or not such claim is specifically identified in this paragraph. 7. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 3A herein is payment in full to compensate Seller for any and all damage to Seller's remainder property by reason of the acquisition of the subject property or the installation of the improvement project in the manner proposed. 8. It is understood and agreed by and between the parties hereto in addition to the compensation shown in clause 3A hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: A. None. It is further understood between the parties hereto that if the improvements referred to in Paragraph 8A above are not removed from the subject property prior to construction, Buyer, its agents, contractors, or assigns, shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without further responsibility to Seller whatsoever. PAGE 2 OF 3 9. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above mentioned improvement, the right to enter upon Seller's property for any of the following purposes: A. During the term of construction of the public improvement project commonly referred to as the Washington Street Bridge Widening Project, to utilize the area identified in Exhibit A as a Temporary Construction Easement for project -related purposes, and to perform grading and landscaping work upon the area identified in Exhibit A as the Slope Easement. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in a good condition as found. 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. THIS AGREEMENT contains the entire agreement between the parties and neither party relies upon any warranty or representation not contained in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF SELLER: 10666 WESTMINISTER AVENUE GARDEN GROVE, CA 92843 MAILING ADDRESS OF BUYER 78-495 CALLE TAMPICO LA QUINTA, CA 92253 SELLER: SPENGLER BUYER: CITY OF LA QUINTA, A MUNICIPAL CORPORATION fM PAGE 3 OF 3 �� 01" 169- 040 •01to ROAD DEED That portion of the North half of the Northwest quarter of the Northeast quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: BEGINNING at the North quarter corner of said Section 6; Thence South 89° 59' 27" East along the North line of said Section 6, 30.00 feet to a point that is distant 30.00 feet Easterly from, as measured perpendicular to, the quarter section line of said Section 6; Thence South 00° 00' 24" East parallel with said quarter section line, 30.00 feet to the point of intersection of the South line of 50th Avenue, 60 feet wide, with the East line of Washington Street, 60 feet wide, said point being distant 30.00 feet Southerly from, as measured perpendicular to, the North line of said Section 6, and being the TRUE POINT OF BEGINNING; Thence South 89° 59' 27" East along said South line of 50th Avenue parallel with said North line of Section 6, 153.01 feet; Thence departing said South line of 50th Avenue, South 86° 11' 42" West, 120.26 feet to a point that is distant 38.00 feet Southerly from, as measured perpendicular to, said North line of Section 6; Thence South 00" 00' 33" West, 12.00 feet; Thence South 45° 00' 05" West, 32.53 feet to a point that is distant 40.00 feet Easterly from, as measured perpendicular to, said quarter section line of Section 6; Thence South 89° 59' 36" West, 10.00 feet to a point in said East line of Washington Street; Thence North 00° 00' 24" West, 43.01 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and casements of record. Containing 1,635 square feet or 0.038 acres of land, more or less. As more particularly shown on Exhibit "I" attached hereto and by this reference made a part hereof. EXHIBIT "A" 013 1/4 SECTION CORNER (P.0.S.) S 69'59'27' E 30.00' i g o 8 • z W 2 0 IZZ:5 IU Z W N I Y Q r' 1" 60' 50TH AVENUE SECTION 31 SECTION 6 S 69'59'27' E 153.01, F S 6611'42' W 120.26'S 00'00'33' W OF 12.00''00'05'w 32.53' S 69'59'36'W 10.00' APN: 769-040-016 EXHIBIT "1" ROAD DEED APN: 769-040-010 121 014 -1b9-04o-o%io SLOPE EASEMENT That portion of the North half of the Northwest quarter of the Northeast quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: BEGINNING at the point of intersection of the South line of 50th Avenue, 60 feet wide, with the East line of Washington Street, 60 feet wide, said point being 30.00 feet South and 30.00 feet East of the Northwest corner of said North half; Thence South 00' 00' 24" East along the East line of said Washington Street; 43.01 feet to the TRUE POINT OF BEGINNING; Thence departing perpendicular to said East line North 89° 59' 36" East, 4.00 feet; Thence parallel with said East line South 00° 00' 24" East, 188.99 feet; Thence South 04° 07' 23" East, 224.93 feet to a point that is distant 20.15' Easterly, as measured perpendicular, from said East line of Washington Street; Thence continuing parallel with said east line South 00° 00' 24" East, 173.05 feet to the South line of said North half of the Northwest quarter of the Northeast quarter of Section 6; Thence South 89° 59' 11" West, 20.15 feet to said East line of Washington Street; Thence North 00' 00' 24" West along said East line, 586.39 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and easements of record. Containing 6,951 square feet or 0.160 acres, more or less. As more particularly shown on Exhibit "I" attached hereto and by this reference made a part hereof: EXHIBIT "A" 015 b9- o4o -r ,,,to CONSTRUCTION EASEMENT That portion of the North half of the Northwest quarter of the Northeast quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: BEGINNING at a point on the South line of 50th Avenue, 60 feet wide, said point being 30.00 feet South and 190.00 feet East of the Northwest corner of said North half; Thence South 83" 32' 25" East, 53.51 feet along a line described as North 83° 29' 00" West, 617.49 feet by deed to the Coachella Valley Water District recorded April 6, 1978 -1s Instrument No. 65407 of Official Records of Riverside County, said line being the next to the last course therein referred to; Thence South 86" 11' 42" West, 169.54 feet to a point that is distant 74.00 feet Easterly, as measured perpendicular, from the Westerly line of said North half; Thence South OOP 00' 24" East parallel with said Westerly line, 213.26 feet; Thence South 04° 07' 23" East, 226.37 feet; Thence perpendicular to said Westerly line North 89° 59' 36" East, 34.90 feet; Thence South 00' 00' 24" East parallel with said Westerly line, 173.04 feet to the South line of said North half of the Northwest quarter of the Northeast quarter of Section 6; Thence South 8SP 59' 11" West, 95.15 feet to a point on the East line of Washington Street, 60 feet wide, said point being distant 30.00 feet Easterly, as measured perpendicular, from said Westerly line of said North half; Thence North CO* 00' 24" West parallel with said Westerly line, 629.40 feet to the point of intersection with said South line of 50th Avenue; Thence South 89° 59' 27" East parallel with the North line of said Section 6, 160.00 feet to the POINT OF BEGINNING. SUBJECT TO all covenants, rights, rights -of -way, and easements of records. Containing 40,189 square feet or 0.923 acres, more or less. As more particularly shown on Exhibit "1" attached hereto and by this reference made apart hereof. (The term of this Temporary Construction Easement shall run for the duration of the construction period for the City of La Quinta's Washington Street Bridge Street Widening Project and shall terminate upon completion of said project. In no event shall the term of this temporary construction easement extend beyond June 30, 2000.) EXHIBIT "A' 01'1 1/4 SECTION CORNER \ 50TH AVENUE _ SECTION 31 P.O.B. S 83*32*25' E T SECTION 6 S 89'59'27' E 160.00' S3.St' 169 54, INSTR. NO' 65407 S 86'11'42' W APN: 769-040-010 Xf T N APN: 769-040-016 0 r d u i" - 100' / 95.15% S 89'59,11 * W SOUTH UNE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6 EXHIBIT 641 it CONSTRUCTION EASEMENT T4tyl 4 o4P Q" COUNCIL/RDA MEETING DATE: July 20, 1999 ITEM TITLE: Consideration of Adopting Resolution approving the Fiscal Year 1999-2000 City of La Qu nta Budget and Establish the City's Appropriation Limit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _U CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Fiscal Year 1999-2000 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five Year Resource Allocation Plan. FISCAL IMPLICATIONS: All Fiscal Year 1999-2000 revenues, operational appropriations and capital project funding are included in the Proposed Fiscal Year 1999-2000 Budget. BACKGROUND AND OVERVIEW: At the City Council Meeting of June 22, 1999, the City Council adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 1999-2000 Fiscal Year. A summary of those changes is provided as Attachment 1. As indicated in the City Manager's Budget Message, staff believes that this year's budget is a continuation of the City Council's commitment to producing and enhancing the quality of life for La Quinta residents. The building permit valuation for 1998 was the highest in the City's history, reaching $182 million; and, the 1999 total is projected to surpass that amount. Three auto dealers have begun construction at the Centre at La Quinta; several new businesses have opened and more will continue to open in the One Eleven La Quinta Center; the La Quinta Resort expansion including Spa La Quinta was completed; a hotel site was approved at the corner of Highway 1 1 1 and Adams Street; a Lucky's shopping center was approved at Jefferson Street and Avenue 50; and several other large commercial projects have submitted applications. C 2.1- The growth will continue this upcoming fiscal year with the widening of Washington and Jefferson Streets, the completion of the Catellus affordable housing project, construction of the City entrance monuments, and completion of the General Plan Update. In addition, plans for the Village improvements and prototype street, the civic center master plan, and the multi -use project for Washington Street at Miles Avenue will continue to move forward. Through this growth, the Economic Development Plan will guide the City to ensure that careful planning of commercial growth allows the City to provide quality services to the residents of La Quinta. The attached Resolution provides for the approval of the Fiscal Year 1999-2000 Budget, the appropriations limit, and the continuing Appropriations and Encumbrances (as detailed in Attachment 2.) All continuing appropriations and encumbrances have been reviewed by the City Manager's Office. The June 22, 1999 Consideration of Fiscal Year 1998/99 Preliminary Budget staff report has been included as Attachment No. 3. Also, provided as Attachment No. 4 is the City's Five Year Resource Allocation Plan. Staff respectfully requests that this strategic planning document be received and filed. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1 . Changes between Preliminary vs. Final Budget Accounts 2. Appropriations/Encumbrances 3. June 22, 1999 Staff Report 4. City's Five Year Resource Allocation Plan 5. City of La Quinta Fiscal Year 1999-2000 Annual Budget and Supporting Document (under separate cover) RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1999-2000 AND APPROVING A BUDGET FOR FISCAL YEAR 1999-2000 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and WHEREAS, Section 7910 of the government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows - SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 1999-2000 is $31,176,447. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 1999-2000 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 1999-2000 Budget which is on file with the City Clerk, is hereby approved. SECTION 4. The Redevelopment Agency agrees to the reimbursement to the City for services performed by the City on behalf of the Agency. Such reimbursement, as computed and included in the budget document, shall include salary, salary related costs, direct costs, and indirect overhead costs. '314 03 SECTION 5. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 1997/98 are approved in the Fiscal Year 1999/2000 Budget in an amount not to exceed $668,100. SECTION 6. Encumbrances for Fiscal Year 1998-99 for committed appropriations are approved in the Fiscal Year 1999-2000 Budget in an amount not to exceed $5,400. SECTION 7. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 8. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. 7 C3 4 PASSED, APPROVED AND ADOPTED this day of 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN- JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California City of La Quinta ATTACHMENT NO. 1 City of La Quinta Redevelopment Agency Changes Between Preliminary vs. Final Budget Accounts FY 1999/00 Preliminary Final General Fund Budget Changes Budget Preliminary Budget - Reserve 26,119 (26,119) 0 Special Project Contingency 25,000 29,369 54,369 LQ Schools Contribution 9,250 (1,250) 8,000 LQ Arts Foundation 80,000 (5,000) 75,000 LQ Historical Society 16,000 11,000 27,000 LQ On Stage 15,000 (15,000) 0 LQ Chamber of Commerce 170,000 (15,000) 155,000 CVRPD (1) 0 3,000 3,000 McCallum Theatre 1,000 (1,000) 0 Senior Center Covered Parking 0 20,000 20,000 CIP Project APP Fund Preliminary Final Budget Changes Budget Obelisk 0 20,000 20,000 CIP Project RDA Fund Preliminary Final Budget Changes Budget Salaries & Fringe Benefits RDA 1 16,200 1,750 17,950 RDA 2 8,600 3,900 12,500 Note (1) - CVRPD also has $2,200 budgeted for Octoberfest 1-_ 3 '1 0 City of La Quinta City and Redevelopment Agency Fiscal Year 1999/00 Continuing Appropriations/Encumbrances -Note 1 Continuing - - - - - Department Account Description Appropriation Encumbrances Total City RDA 16eneral Government 101-102-855-000 Capital Equipment- Library Proj 5,000 5,000 5,000 101-103-637-000 Travel Training Meetings 1,200 1,200 1,200 101-104-853-000 Tenth Anniversary Placque 9,500 9,500 9,500 Subtotal - 15,700 0 15,700 15,700 0 - City Clerk - - _ - Subtotal - 0 0 0 -0 0 0 Finance 101-153-603-000 Cost Allocation Study 5,000 5,000 5,000 101-153-855-000 Computer Equipment 8,700 8,700 8,700 101-153-703-812 Check Printer Y2K Enhancement 3,100 3,100 3,100 101-153-609-601 ForFund Accounting Upgrades 13,600 13,600 13,600 101-153-609-601 Novell Upgrade 7,500 7,500 7,500 Subtotal - 3790 ,0 j p - 37,900- 37,900- - 0 Community Services - - - - _ -_ ,Subtotal 0 - b 0 - 0 0 - Building &Safety .000 101-351-855-000 Graphic Information System 10,000 - 10,000 10,- - - 101-357-853-000 Windows 11,000 11,000 11,000 101-357-853-000 Courtyard 15,000 15,000 15,000 101-353-605-000 Rabies Vaccinations 2,000 2,000 2,000 101-357-853-000 Doors in Counter 2,500 2,500 2,500 101-357-703-000 ADT Security Door Devices - PO 231 5,400 5,400 5,400 Subtotal 40,500 5,400 45,900 45,900 0- Community Development 101-401455-000 Graphic Information System 20,000 20,000 20,000 101--402-605-000 Historical Preservation Plan 15,000 15,000 15,000 101-402-605-000 Update Housing Element 40,000 40,000 40,000 245-903-671-000 Assessment Subsidy - PA 1 33,000 33,000 33,000 246-906-683-676 Home Purchase Loans - PA 2 111,000 111,000 111,000 245-903-683-675 Rehab Loans - PA1 75,916 75,916 75,916 246-906-683-675 Rehab Loans - PA2 50,000 50,000 50,000 245-903-683-677 Agency Acq-Rehab/Resale PA 1 270,235 270,235 270,235 246-906-683-677 Agency Acq-Rehab/Resale PA 2 50,000 50,000 50,000 0246-906-605-657 Spanos Reimbursement - PA 2 94,200 94,200 94,200 101-402-605-000 General Plan Update 178,000 178,000 178,000 Subtotal 937,351 0 937,351 253,000 684,351 m Public Works 101-451-855-000 Graphic Information System 20,000 - 20,000 - 20,000 - z 101-453-609-000 Slurry Seal restripping 264,000 264,000 264,000 -� 101-453-855-000 Shade Structure 2,000 2,000 2,000 �.� 101--452-855-000 Digital Archiving System 35,000 35,000 35,000 z Subtotal 321,000 0 321,000 321,000 0 Total 1352,451 5,400 1,357,851 673,500 684,351 N CO Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 1999. ATTACHMENT NO. 3 Tjht 4 4 U9 k F(v AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 22, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Fiscal Year 1999/2000 Preliminary Budget PUBLIC HEARING: RECOMMENDATION: Adopt the Fiscal Year 1999/2000 Preliminary Budget and direct staff to prepare a Fiscal Year 1999/2000 Final Budget for the July 20, 1999 City Council Meeting. FISCAL IMPLICATIONS: All Preliminary Fiscal Year 1999/2000 revenues, operational appropriations and capital projects funding are included in this Preliminary Budget. BACKGROUND AND OVERVIEW: INTRODUCTION This preliminary Fiscal Year 1999/2000 Budget is similar to the format implemented the last few years._ This format utilizes two separate documents to develop the City, Agency and Financing Authority's Budget. The first of the two documents utilized for presentation of this year's budget is titled Fiscal Year 1999/2000 Preliminary Budget and includes the total scope of operations for the City, Agency and Financing Authority. The second document is titled the Supporting Document. This document provides the detail for each program operation and the justification for any of the changes requested. SUMMARY OF THIS YEAR'S BUDGET This year's budget reflects an increase in a number of revenue sources. Approximately $1.5 million in increased General Fund revenues for Fiscal Year 1999/2000 are projected. More specifically, those more significant increases are in the following areas: Sales Tax $450,000; Franchise Tax $50,000; Motor Vehicle In Lieu Fees $140,000; and $300,000 in General Fund interest projections. The growth of some of these revenues are a result of the successful implementation of the City's Economic Development Plan. This year's budget has also included, and required, close scrutiny of all planned expenditures. The effects of Proposition 218 have resulted in the need to utilize the General Fund to appropriate approximately $ 300,000 for operating expenditures previously paid by the Lighting and Landscaping District. Additionally, according to latest information available from the State, additional monies may be made available for local governments as detailed in Attachment 1. Once the State budget is finalized and approved, staff will notify the City Council of the opportunities available from the State for funding of local government needs. As identified on page C-2 of the Preliminary Budget, this year's budget is balanced and contains a $26,119 surplus. Some of the new items contained in the Preliminary Budget are as follows: Economic flevelopment Booth -$ 14,100 Upgrade Questys - City Clerk System - $ 20,000 Y2K System Upgrades - $ 38,500 Sports Complex Improvements - $ 29,000 LAFCO Fiscal Analysis - $ 25,000 Maxicom Irrigation Retrofit - $ 71,000 Future Building Repair Funding - $471,1 1 1 Vehicle Replacements - $150,000 Permit Tracking System - $ 65,000 The personnel additions/changes proposed in the Budget are as follows: Office Assistant (Building & Safety Department) As previously identified, this year's budget review by staff included close scrutiny of all planned expenditures and, has to date, resulted in a balanced budget and a $26,1 19 surplus. The budget does include the cost of living as provided for by the Memorandum of Understanding with the La Quinta Employees Association. The budget alsr includes the funding of the Chamber of Commerce and Arts Foundation at last ye_:r's amounts. Both entities have requested a lesser amount than that of last year. The Chamber of Commerce's request is $15,000 less than last year and the Arts Foundation request is $5,000 less than last years. Utilizing the funding requests at the lower amounts, proposed budget total surplus is $46,1 19. Provided as Attachment 2 is a chart which identifies the funding requests received to date, the funding requests for the previous year and those funding requests that are contained within the proposed budget at the amounts provided in last year's budget. As you will note in the final column of the chart, the total of non -funded requests is $58,608. This amount does not include specific funding for the y �� Mariachi Festival in as much that no specific amount was requested. An enhanced City role in the Festival may be possible in this budget at the Council's discretion via the Chamber or marketing contracts. Included in the proposed budget is the funding for the Marketing Plan for the Fiscal Year 1999/2000. Attachment 3 outlines the Draft Marketing Plan for the coming fiscal year. Additionally, the Council Goals are included in the budget with the exception of the requested consideration of compensation for Redevelopment Agency Members. In review with legal counsel, Redevelopment Agency law permits compensation for Agency members up to $30 per meeting to a maximum of 4 meetings per month. Any financial implication regarding this matter will not have any effect on the budget surplus amount because funding for this item would come from the Redevelopment Agency. Staff recommends the review of the budget include: 1) Review of proposed Contract Services Agreements/Grants/Contingency Fund/Funding Requests as previously addressed in this memorandum (Attachment 1). 2) Review of the Preliminary Budget for possible cuts beyond those already addressed by City staff. Attached is a brief outline of the City staff anticipated presentation of the Preliminary Budget (Attachment 4). TIMELINE Staff is requesting that at the June 22, 1999 City Council meeting, the Council review and make any amendments as necessary to the Preliminary Budget. Subsequent to this review, staff is requesting approval of the Preliminary Budget with a July 1, 1999 effective date. Staff will then incorporate all changes pursuant to the discussion of the Preliminary Budget and schedule the item for consideration at the July 20, 1999 City Council meeting for Final Budget adoption. City staff is currently completing the Five Year Resource Allocation Plan (RAP). This five year plan forecasts the operating expenditures and the anticipated revenues to pay for these expenditures. Staff will incorporate any changes between the Preliminary Budget and the final budget into the Five Year Resource Allocation Plan which is scheduled for presentation at the July 20, 1999 City Council meeting. This memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 22, 1999 City Council meeting. City staff is requesting: 1) Review and comment on the 1999/2000 Fiscal Year Budget and provide direction regarding any proposed changes to the document. 2) Approval of the 1999/2000 Preliminary Budget as amended at the June 16, 1998 City Council Meeting. (Any approved changes by the Council to be incorporated into the Final Budget for adoption on July 20, 1999.) Thomas P. Genovese City Manager Attachments: 1 . Newspaper Article 2. School/Grant/Contract Contributions 3. Draft Marketing Plan 4. Preliminary Budget .3,f 32 ATTACHMENT NO. 1 $81.7 billion spending plan sent to Davis one day after deadline Bl' JAKE HENSHAW UESE.R I SUN SACRAMENTO BUREAU SACRAMENTO — Assembly Re- publicans reversed field Wed- nesday and joined Democrats to approve a new state budget that boosts spending on a wide va- riety of social programs and cuts taxes by more than $500 mil- lion. A majority of Republicans, all Democrats and the one Green Party member passed the $81.7 billion measure on an overwhelming vote of 69 to 10 and sent the spending plan to ,he governor, who indicated he will sign. "This budget is a prudent bi- partisan plan that.will strength- �n our economy and prepare Californians for the challenges of the next century," Davis said. Even though the Legislature missed by one day the June 15 constitutional deadline to pass a budget, Davis praised them for finishing this job on the earliest date since 1986. In fact, he noted, this is the first time in seven years law- makers completed their work before the start of the new fiscal year on July 1. "It is a historic achievement," Davis said. "It gives me ample opportunity to honor my pledge to sign the first on -time budget since 1993." 1Tte Senate passed the budget Tuesday on a strong bipartisan vote of 36-3. But it stalled in the Assembly when Republicans unanimously refused to support it, leaving the measure six votes short of passage. That led to an alternating se- ries of GOP caucuses and meet- ings between the governor and legislative leaders. As 21 of the Assembly's 32 Republicans voted for the bud - Please see BUDGET, A8 Budget highlights TOTAL SPENDING: $81.7 billion, including $1.2 billion set aside as a reserve for emergencies. REVENUES: $32.9 billion from personal -income taxes; $19.9 billion from sales taxes; $5.7 billion from bank and corporation taxes; $20.4 billion from gasoline, tobacco, liquor, insurance and other special taxes and fees; $1.5 billion, bond sales. TAX CUTS: $254 million to accelerate next scheduled 10% cut in vehicle -license fees to Jan. 1, 2000 from Jan. 1, 2001; $60 million cut in taxes on newly formed corporations. $18 million more in state -income-tax deductions for health premiums for self-employed. SCHOOL DISTRICTS: $26.2 billion for public schools, a $2.3 billion increase from the current year. HIGHER EDUCATION: $2.7 billion for the University of California, a 7.3% increase from current year; $2.3 billion for the California State University, a 7.3% increase; $3.9 billion for community colleges, including $1.5 billion in local tax funds, a 7.8% increase; $395 million in student aid, plus 5% reductions in student fees. LOCAL GOVERNMENT: $425 million in an `infrastructure bank" to loan local governments for public -works projects plus $150 million in infrastructure grants; $50 million in booking -fees relief for cities; $30 million in equipment grants to local law - enforcement agencies; $46 million for flood -control grants and $20 million for libraries. SOCIAL SERVICES: $16 billion for health and welfare programs, including 2.3% increase in welfare grants, raising monthly R, ;nts for an urban family of thret to $624 from $611. PRISONS: $4.1 billion, including last-minute restoration of $24 million for site -acquisition and planning funds for a new prison near Delano. SMOG CHECK: Exempts an additional 1 million vehicles annually from smog checks by delaying first tests of new vehicles to six years after purchase. Budget Continued from Al get Wednesday, they said their crit- icism of the budget as it developed during the last several weeks helped to expand some tax cuts. Specifically, they claimed success in helping to increase some business tax breaks, including raising to 12 per- cent from 11 percent the state tax credit for research and development, inclusion of trucks in the 35 percent cut in the vehicle -license fee and more health -insurance deductions. These breaks amount to less than $50 million next year, but they could be significantly more in future years. Several GOP members also claimed some credit for passage Wednesday in both houses of a bill to build a new prison in Delano, which the governor wanted, but Democratic legislative leaders opposed. TAKING CREDIT. "That would not, I don't believe, have happened unless we put up the roadblock" to passing the budget until the prison was agreed to, said Assemblyman Jim Battin, R- La Quinta. He said that "on the whole, the budget was moving in the right direction, but we got improve- ments, though not as much as I would personally like." "It was better than it was bad, so I voted for it," Battin said. But Republicans as late as Wednes- day said they were seeking at least $1 billion in permanent tax cuts. The future of the vehicle -license -fee cut, • which was increased from 25 percent to 35 percent for next year, is tied to. the economy. Battin acknowledged that by. Wednesday, Assembly GOP unity. also was beginning to crack, under what another Republican said was a refusal from the governor to make significant concessions. WORTH THE EFFORT: But several Re- publicans argued that their effort was worthwhile, not only because of the; specific changes made but also be- cause it forced the governor and Democratic leaders to pay attention to them. Assemblyman Mike Briggs, R=- Fresno, charged that the majority party leaders ignored the Assembly GOP caucus in writing the budget, even though Senate Republicans par-. ticipated in negotiations. "The important thing is we wanted to send a message that our caucus will, stand together and be a significant' voice in shaping policy of the state of California," Briggs said. Democrats had no doubt who was in charge of the budget this year. Assembly Speaker Pro Tempore_ Fred Keeley, D-Boulder Creek, said' "an avalanche of reality struck the Republican caucus, which was that - things were not going to get better, over time, they were only going to get worse. So it was important for them• to accept the inevitable and vote for' the budget virtually unchanged from - how it was at midnight last night." 14 City of La Quinta School/Grant/Contract Contributions FY 99/00 ATTACHMENT NO. 2 Thru 6/10199 Budgeted Actual Total Budgeted FY 98/99 FY 98199 Actual 8 FY 99/00 Category Expenditures Committed Committed Schools LQ High School - Student Info Board 500.00 500.00 LQ High School - Track Team 500.00 500.00 LQ High School - Volleyball Team 500.00 500.00 LQ High School - Swim Team 500.00 500.00 LQ High School - Interact Club 500.00 500.00 LQ Middle School - Band 500.00 500.00 LQ Middle School -PTO Awards 500.00 500.00 LQ Middle School - Odessy of Mind 500.00 500.00 LQ Middle School - Testing Committee 500.00 500.00 Harry Truman Elem - McCallum 1,500.00 1,500.00 Subtotal 9,250.00 4,500.00 1,500.00 6 000.00 9,250.00 Grants LQ Historical Society 16,000.00 15,869.00 15,869.00 16,000.00 LQ On Stage 15,000.00 15,000.00 15,000.00 15,000.00 Subtotal 1 31 000.00 30 869.00 0.00 1 30 869.00 31 000.00 Contingency Barbara Sinantra Childrens Center 1.000.00 1,000.00 Riverside County Sheriffs Underwater 0.00 Search & Recovery Team 2,000.00 2,000.00 Friends of the Library 3,700.00 3,700.00 CVRPD 3,000.00 3,000.00 Community Concerts 5,000.00 5,000.00 LO Volunteer Fire 4,500.00 4,500.00 Soap Box Derby 1,300.00 1,300.00 Subtotal 25,000.00 20,500.00 0.00 20 500.00 25 000.00 Contracts I Chamber of Commence 170,000.00 170,000.00 170,000.00 170,000.00 LQ Arts Foundation 80,000.00 65,000.00 15,000.00 80,000.00 250 000.00 80,000.00 Subtotal 250,000.00 235 000.00 15 000.00 250 000.00 AB939 Requests SCRAP 2,500.00 2,500.00 2,500.00 2,500.00 Unallocated 7,500.00 0.00 7,500.00 Subtotal 10 000.00 2,500.00 0.00 2,500.00 10 000.00 Additional Requests Mariachi Festival Community Blood Bank Center Renee Solomon - Covered Parking Living Desert Riverside Co. Sheriffs Explorer Post Soap Box Derby 1,872.00 1,872.00 Friends of the Cultural Center 1,500.00 1,500.00 Lions Club - Circus 1,900.00 200.00 200.00 Mc Callum Theatre 1, 000.00 1,000.00 1,000.00 1,000.00 CV Economic Partnership 2,500.00 2,500.00 2,500.00 5,000.00 Mountain Conservancy 5,000.00 0.00 5,000.00 CVRPD - Octoberfest Event 2,200.00 0.00 2,200.00 Date Festival 5,000.00 0.00 5,000.00 Subtotal 17 600.00 7,072.00 0.00 7,072.00 18 200.00 Requests FY 99100 I I I 0.00 26,608.00 15.000.00 41 608.00 5,000.00 2,000.00 7,000.00 155,000.00 75.000.00 230 000.00 0.00 none specified 5,000.00 20,000.00 1,000.00 22,000.00 5,000.00 5,000.00 2,200.00 60 200.00 Total 342 850.00 300,441.00 E-717 O'00.00 316 941.00 343 450.00 338 808.00 all May 14, 1999 LA QUINTA HISTORICAL SOCIETY City of La Quinta P. O. Box 1504 P.O. Box 1283 La Quinta, CA 92253 La Quinta, CA 92253 (760)564-1283 Re: Community Service Grants President Barbara Irwin Honorable Mayor and Members of Council, Vice President Judy Vossler On behalf of the Board of Directors, I want to take this Vice President opportunity to again thank you for last year's grant of Don Arends $15,869. Attached to this letter is the Grant Reconciliation Treasurer Report and copies of our Federal tax return, Cash Wayne Gardner Reconciliation, Statement of Income and Balance Sheet for the Fiscal Year ended January 31, 1999. There is also Docent Director Louise Neeley attached detail of our expenditures for the operation of the P P Museum for the past twelve months. Membership Director Jaqueline Wright The amount we are asking for this year is $26,608. Directors This will allow us to operate the Museum at the same level Pat Cross Joe Hernandez as this year and perform certain repairs and maintenance, JoAnne Hiles which had been deferred as we utilized much of our John Hiles increased operating income to purchase the museum and Jeanne Kirkpatrick Marilyn Knecht pay down our mortgage note. We also face the need for Beverly Montgomery new sidewalks and sewer connection at the time of street Rick Thacker Inge Vorderwinkler improvements in the Cove. Patrick Welch Advisory Council During this past year our revitalized board was Don Arends - Chairman especially gratified by the broad community support for our Martha Arends activities as evidenced by the success of our last two gala's Dr. Edward Cleveland and the great interest generated by our desert bus tours. Marge Cleveland John Dimmer We continue to fulfill speaking requests from without as well Marilyn Dimmer as within the community. George O'Leary Buddy Rodgers The Historical Society continues to meet the needs of our Cr.nmunity. We fulfilled a promise made a ;ear ago to you by keeping the museum open an extra da, this year. It y is now open four days a week during September through June. MUSEUM 77-885 Avenida Montezuma La Quinta, Califomia We sponsored a lively seminar for our docents and members of the Historical Preservation Commission on the importance of carefully archiving documents and artifacts of historical significance. The Society also sponsored bus tours of the desert to discuss the importance of water preservation in conjunction with the Coachella Valley Water District. Some of the most popular bus tours were directed by Harry Quinn, a local geologist, studying earthquake faults, the Salton Sea and its immediate surroundings including the geo-thermal energy fields. Many of the participants in these events were non-members. We have participated in programs with the Boys and Girls Club as well as the La Quinta Middle School. We now have a tee-shirt design contest going on with the La Quinta High School Art Classes. While the bus tours are usually self-sustaining, the Society, with some help from VIVA, supports the other programs from its operating income. Your support is necessary for us to be able to provide a Museum that will provide the information on La Quinta's past and future. C City of La Quinta APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-00 Name of Organization: La Quinta Historical Society Amount Requested: $26,608 Contact Person: Barbara Irwin - President Mailing Address: P.O. Box 1283 City: La Quinta State: CA Zip Code: 92253 Phone No.: (760) 564-1283 501 (c) (3) Taxpayer I.D. Number 33-0157441 Date Submitted: May 14, 1999 APPLICATION What is the overall purpose or goal of your organization? The goal of the Historical Society is to articulate and promote the rich, Multi -cultural history of La Quinta. 2. How long has your organization been in existence? 14 Years 5 months. 3. Describe in general the activities or services of your organization: The Historical Society maintains a museum of hands-on displays of artifacts and historical information; provides education programs; and provides community outreach programs. 4. How many people does your organization currently serve? No. of Youth No. of Adults No. of Seniors The Historical Society serves all of our community residents andvisitors. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors The Historical Society cooperates with the local schools providing field trips and research information upon request Our programs are designed to serve Every interest group in the community. 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors Most of the people served will be from La Quinta however we also attract some people from Indio and Palm Desert. 7. How many paid employees/volunteers does your organization employ? No. of fulltime employees n/a No. of part time employees n/a No. of volunteers 50 8. Describe how your organization is managed and governed. The Historical Society is managed day to day by its Board of Directors and governed by an explicit set of by-laws. 19 9. Please provide information on your Executive Board members or contact Person: Name Home Address Barbara Irwin —President 44-065 Camino La Cresta Judy Yossler- Exec VP & Secretary 56-455 Jack Nicklaus Don Arends - rice President 78-009 Lago Drive Jeanne Kirkpatrick - Treasurer 78-159 Lago Drive Jacqueline Wright - Membership 53- 795Eisenh ower Drive 10. Chair What is your annual schedule of events, and during what months does your organization operate? The museum is open September thru June. Some of our activities include. membership event, field trips, guest lecturers, hikes, garage sale, gala, museum tours. Do you charge admission, membership fee, dues, etc.? x Yes No If yes, please describe: The membership dues are on scale starting with $5 for seniors. There is no admission charged for touring the museum. There is also no fee for the research information we supply as a result of an inquiry. 12 What are your other sources of revenue for this funding year? Amount Total Needed Total Received Balance Amount of money requested from the City of La Quinta? $26,608 14. Has your organization been funded by the City of La Quinta previously? Yes X No If yes, when August 1998 Amount received $15,869 A6 ^0 15. Need Statement. Clearly and plainly state the reason or need for the request funds and how these funds will be used, if awarded. In April, 1997, the Historical Society made the down payment on thebuilding that houses the museum. The funds we are asking for willcover the cost of ownership of the museum building. The community grant, member dues and donation along with with fund-raisers fund our operations. 16. Goal Statement. Indicate who will benefit from the use of these funds, andhow they will benefit. The Historical Society strives to touch all agesfrom youths to seniors, socio-economic and multi -ethnic groups, community residents and area visitors in an effort to link the presentand the future with the treasured past of La Quinta. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended Community Services grant expenditures. 18. Non-profit organizations must attach a copy of the organization's current IRS Form 990. 2 LQHS-Bank,Cash,CC Accounts 5/12/99 Cash Flow Report - 5/1/98 Through 4/30/99 Page 1 5/1/98- Category Description 4/30/99 OUTFLOWS Docent Expense 256 —� aT 4KI Z{ Insurance 2,525 Interest Exp 9,669 1 PAYi�lE''� Misc 1,306 Museum Repairs 2,019 Office Expense: Office Supplies 865 Office Expense -Other 3,483 TOTAL Office Expense 4,348 Real Estate Taxes 1,944 Utilities 1,663 TOTAL OUTFLOWS 23,731 2 Form 990-EZ Department of the Treasury Internal Revenue Service A For the 1998 calendar B Check if: Please ❑ use IRS Change of address Label or ❑ Initial return print or type. ❑ Flnalreturn See ❑ Amendedreturn , speedic (required also for lnsbw- state reporting) ,Ions. vI INI l Ion VI Iii Return of Organization Exempt From Income Tax Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust ► For organizations with gross receipts less than $100,000 and total assets less than $250,000 at the end of the year. ► The organization may have to use a copy of this return to satisfy state reporting requiremen MM This Form is Open to Public OR tax year beginning 2 / 01 1998, and ending 1 / 31 , 199 9 -T Q Employer identi-I"twnu nmber 33 - 0157441 LA QUINTA HISTORICAL SOCIETY PO BOX 1283 LA QUINTA, CA 92253-1283 C E Telephone,r+nber 760-564-1283 F ChecK ► D If exemption application is Pending G Accounting method: ® Cash ❑ Accrual ❑ Other (specify) 10-number f f Enter tour-mgit group exemption (GEN) I Type of organization ► ® Exempt under section 501(c) ( 3 ) A (insert number) OR ► ❑ section 4947(a)(1) nonexempt charitable trust Note: Section 501(c)(3) organizations and section 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990). J Check ► ❑ if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if the orga- nization received a Form 990 Package in the mail, the organization should file a return without financial data. Some states require a complete return. K Enter the organization's 1998 gross receipts (add back lines 5b, 6b, and 7b, to line 9).................... ► S 48, 093 If $100,000 or more, the organization must file Form 990 Instead of Form 990-EZ. Part ! I Revenue, Expenses, and Changes in Net Assets or Fund Balances (See Specific Instructions on page 30.) R E v e N D 1 Contributions, gifts, grants, and similar amounts received (attach schedule of contributors)STATEMENT... 1 2 Program service revenue including government fees and contracts ..................................... 3 Membership dues and assessments............................................................. 4 Investment income.......................................................................... 5a Gross amount from sale of assets other than inventory ....................... I 5a b Less: cost or other basis and sales expenses .............................. I 5b c Gain or (loss) from sale of assets other than inventory (line 5a less line 5b) (attach schedule) ................. 6 Special events and activities (attach schedule): SEE STATEMENT 2 a Gross revenue (not including $ of contributions reported on line 1 .............................. 6a 14,817 b Less: direct expenses other than fundraising expenses ....................... 6b c Net income or (loss) from special events and activities (line 6a less line 6b) ............................... 7a Gross sales of inventory, less returns and allowances ........................ 7a 2,322 b Less: cost of goods sold .............................................. 7b 1,334 c Gross profit or (loss) from sales of inventory (line 7a less line 7b)....................................... 8 Other revenue (describe ► SEE STATEMENT 3 ) 9 Total revenue (add lines 1, 2, 3, 4, 5c, 6c, 7c, and 8) ............................................. IN. 1 25, 7 7 8 2 3 4, 820 4 314 5c Is 14,817 6c 968 7c 8 42 9 46, 759 to Grants and similar amounts paid (attach schedule) .................................................. 11 Benefits paid to or for members................................................................ x12 Salaries, other compensation, and employee benefits ................................................. P E 13 Professional fees and other payments to independent contractors ...................................... s 14 Occupancy, rent, utilities, and maintenance....................................................... S 15 Printing, publications, postage, and shipping...................................................... 16 Other expenses (describe ► SEE STATEMENT 4 ) 17 Total expenses (add lines 10 through 16) ............................ ........................ i A 18 Excess or (deficit) for the year (line 9 less line 17) ..................... .............................. N s 19 Net assets or fund balances at beginning of year (from line 27, column (A)) s T T (must agree with end -of -year figure reported on prior year's return) .................................... s 20 Other changes in net assets or fund balances (attach explanation) ...................................... 21 Net assets or fund balances at end of year (combine lines 18 through 20).............................. ► 10 11 12 13 14 1,140 15 16 28,282 17 29,422 18 17,337 32,456 19 20 21 49,793 Part tC'I Balance Sheets — If Total assets on line 25, column (B) are $250,000 or more, file Form 990 instead of Form 990-EZ. (See Specific Instructions on page 34.) 22 Cash, savings, and investments..................................................... 23 Land and buildings.............................................................. 24 Other assets (describe ► ) 25 Total assets................................................................... 26 Total liabilities (describe ► SEE STATEMENT 5 ) 27 Net assets or fund balances (fine 27 of column (B) must agree with line 21) .................. (A) Beginning of year 1 (8) End of year 32,456 221 17, 358 231 150, 406 24 32,456 25 167, 764 26 117,971 32 , 456 27 49, 793 KFA For Paperwork Reduction Act Notice, see page 1 of the separate instructions. Form 990-EZ t199a, �} Form990—EZ(1998) LA QUINTA HISTORICAL SOCIETY 33-0157441 Pace Par# ttt ` Statement of Program Service Accomplishments (See Specific Instructions on page 34.) Expenses (Required for 501(c)(3) and (4) organizations and 4947(a)(1) trusts; optional for others.) What is the organization's primary exempt purpose? Describe what was achieved in carrying out the organization's exempt purposes. In a dear and concise manner, describe the services provided, the number of persons benefited, or other relevant information for each program title. 2E SEE STATEMENT 6 (Grants $ 0) 28a 946 29 29a (Grants $ ) 30 30a (Grants $ ) 31 Other program services (attach schedule) (Grants $ ) 31a 32 Total program service expenses (add lines 28a through 31a).............................................. ► 32 946 l Part <i1V' 1 List of utticers. Directors. Trustees. and Kev FmnlnvePs n ,ct &—h ,,..,,.., if n,,, rmmn"... t,A , c,..",,," (A) Name and atldress (8) Title and average rweek p devoted to position (G) Compensation (If not paid, enter-0—.) (0) Contributions to employee benefit plans 6 deferred compensation IQ Expense account and of her allowances SEE STATEMENT 7 :Part Y > Other Information (See Specific Instructions on page 35.) Yes No 33 Did organization engage in any activity not previously reported to IRS? If "Yes," attach a detailed description of each activity ............... 34 Were any changes made to the organizing or governing documents but not reported to the IRS? If'yes.• attach a conformed copy of the changes. ...El 35 If the organization had income from business activities, such as those reported on lines 2, 6, and 7 (among others), but NOT reported on Form 990-T, attach a statement explaining your reason for not reporting the income on Form 990-T. a Did the organization have unrelated business gross income of $1,000 or more or 6033(e) notice, reporting, and proxy tax requirements?...... b If "Yes," has it filed a tax return on Form 990-T for this year?................................................................ 36 Was there a liquidation, dissolution, termination, or substantial contraction during the year? (If "Yes," attach a statement.) ................... 37a Enter amount of political expenditures, direct or indirect, as described in the instructions ................. ► 1 37a 0 b Did the organization file Form 1120-POL for this year?..................................................................... 18a Did the organization borrow from, or make any loans to, any officer, director, trustee, or key employee OR were any such loans made in a prior year and still unpaid at the start of the period covered by this return? ............................................. b If "Yes," attach the schedule specified in the line 38 instructions and enter the amount involved .............. 38b N/A 19 501(c)(7) organizations. - Enter: a Initiation fees and capital contributions included on line 9................ 39a N/A b •Gross receipts, included on line 9, for public use of club facilities ..................................... 39b N/A �. . N A ? 40a 501(c)(3) organizations. - Enter: Amount of tax imposed on the organization during the year under: section 4911 ► ; section 4912 ► ; section 4955 ► b 501(c)(3) and (4) organizations. - Did the organization engage in any section 4958 excess benefit transaction during the year? If-Yes,"attach an explanation......................................................................................... c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958............................................................................... ► d Enter: Amount of tax on line 40c, above, reimbursed by the organization .................................. .... ► 41 List the states with which a copy of this return is filed. ► 42 The books are in care of ► BARBARA IRW IN Telephone no. ► 7 6 0 - 3 6 0 - 9 8 51 Locatedat ► 44-065 CAMINO LA CRESTA - 1 ZIP +4 ► 92253 43 Section 4947(a)(1) nonexempt charitable trusts filing Form 990-EZ in lieu of Form 1041 - Check here ► and enter the amount of tax-exempt interest received or accrued during the tax year ....................... ► 1 43 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief. Please it is true. correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Sign (See General Instruction U. page 12.) Here ' Signature of officer ­Aate ' Ty pe or print name and title. Preparer's ' Paid signature LEE M 0B0 Preparer's (' pE SON, Firm's name or Use Only yours it self- - 711 HI employed and address IND I O , CA �. Date Check if Preparer's SSN employed► ❑ 560-35-6004 SfATER & OSBORNE EIN ►33-0783299 HWAY 111 ZIP.4 ► 92201 ��),f 24 Organization Exempt Under Section 501(c)(3) SCHEDULE A (Except Private Foundation) and Section S01(e), S01(f), S01(k), (Form 990) S01(n), or Section 4947(a)(1) Nonexempt Charitable Trust Supplementary Information Department of the Treasury See separate instructions. Internal Revenue Service ► Must be completed by the above organizations and attached to their Form 990 or 990-EZ. OMB No. 1545-0047 1998 Name of the organization Employe identification number LA OUINTA HISTORICAL SOCIETY 33-0157441 Part I Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See instructions on page 1. List each one. If there are none, enter "None.") (b) Title and average hags (� Contributions to (a) Expense (a) Name and address of each employee paid more than $50.000 per week devoted to position (e) Compensation employee benefit plans 6 account and other deferred compensation allowances NONE Total number of other employees paid over $50,000 ► 0 - Part 'II 1 Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions on page 1. List each one (whether individuals or firms.) If there are none, enter "None") (a) Name and address of each independent contractor paid more than $50.000 NONE Total number of others receiving.over $50,000 for professional services ................................► 0 For Paperwork Reduction Act Notice, see page 1 of the Instructions for Form 990 and Form 990-EZ. KFA (b) Type of service I (e) ccmpensation -Schedule A (Form 910) 1998 Schedule A (Form 990)1998 LA I NTA HISTORICAL SOCIETY 33-0157441 Page part 111;; Statements About Activities 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum?....................................................... If "Yes," enter the total expenses paid or incurred in connection with the lobbying activities. ► $ Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking "Yes," must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any of its trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary: a Sale, exchange, or leasing of property?......................................................................... a b Lending of money or other extension of credit?................................................................... 2b c Furnishing of goods, services, or facilities?...................................................................... 2c d Payment of compensation (or payment or reimbursement of expenses if more than$1,000)?................................ 2d e Transfer of any part of its income or assets?.................................................................... 2e If the answer to any question is "Yes," attach a detailed statement explaining the transactions. Yes I No X X X X X 3 Does the organization make grants for scholarships, fellowships, student loans, etc.? ..................................... 3 X 4a Do you have a section 403(b) annuity plan for your employees?...................................................... 4a X b Attach a statement to explain how the organization determines that individuals or organizations receiving grants or loans from it in furtherance of its charitable programs quality to receive payments. See instructions on page 2.) Part tV ;i Reason for Non -Private Foundation Status (See instructions on pages 2 through 4.) The organization is not a private foundation because it is: (Please check only ONE applicable box): 5 ❑ A church, convention of churches, or association of churches. Section 170(b)(1)(A)(i). 6 ❑ A school. Section 170(b)(1)(A)(ii). (Also complete Part V, page 4.) 7 ❑ A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 ❑ A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 ❑ A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state 111. 10 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11 a ❑ An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11 b ❑ A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 0 An organization that normally receives: (1) more than 33 113% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions —subject to certain exceptions, and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. Sep section 509(a)(2). (Also comple+ the Support Schedule in Part IV -A.) 13 ❑ An organization Gnat is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See instructions on page 4.) (a) Name(s) of supported organizabon(s) (b) Line number from above 14 ❑ An oraanization organized and operated to test for public safety. Section 509(a)(4). (See instructions on page 4.) v 26 Schedule A (Form 990)1998 LA QUINTA HISTORICAL SOCIETY 33 - 0157441 Page 3 Par ---A Support Schedule (Complete only if you checked a box on line 10, 11, or 12.) Use cash method of accounting. Note_ Yeu may use the worksheet in the instructions for converting from the accrual to the cash method of accounting. Calendar year (or fiscal year beginning in)...... ► (a) 1997 (b) 1996 (c) 1995 (d) 1994 (e) Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28.) ............ 17,566 17,566 16 Membership fees received ....... 3,635 3,635 17 Gross receipts from admissions, merchandise sold or services performed. or furnishing of facilities in any activity that is not a business unrelated to the organization's charitable, etc.. purpose . 2,573 2,573 18 Gross income from interest, dividends, amounts received from payments on securities (section 512(a)(5)), rents, royalties. and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organization after June 30. 1975 ............... 429 429 19 Net income from unrelated business activities not included in line 18 ... 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf 21 The value of services or facilities furnished to the organization by a govemmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge ......... 22 Other income. Attach a sch. Do not include gain or (loss) from sale of capital assets . SEE . STM ... & 2,628 2,628 23 Total of lines 15 through 22 ...... 26,831 26,831 24 Line 23 minus line 17 ........... 24,2581 24,258 25 Enter 1 % of line 23 ............. 268 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 ............ N/A ..... Ill- 26a b Attach a list (which is not open to public inspection) showing the name of and amount contributed by each person (other than a government unit or publicly supported organization) whose total gifts for 1994 through 1997 exceeded 26b the amount shown in line 26a. Enter the sum of all these excess amounts ...................................... ► c Total support for section 509(a)(1) test: Enter line 24, column(e).............................................► 26c d Add: Amounts from column (e) for lines: 18 19 26d 22 26b ................ 10 26e e Public support (line 26c minus line 26d total)............................................................ 10- 26f % If Public support percentage (line 26e (numerator) divided by line 26c (denominator)) .......................... 10- 27 Organizations described on line 12: a For amounts included in lines 15, 16, and 17 that were received from a "disqualified person; attach a list to show the name of, and total amounts received in each year from, each "disqualified person." Enter the sum of such amounts for each year: b (1997) (1996) (1995) (1994) For any amount included in line 17 that was received from a nondisqualified person, attach a list to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lint . 5 through 11, as well as individuals.) After computing the difference between the amount received and the larger amount described in (1) or (i), enter the sum of all these differences (the excess amounts) for each year: (1997) (1996) (1995) (1994) c Add: Amounts from column (e) for lines: 15 17,566 16 3,635 17 2,573 20 21 .......... 10, 27c d Add: Line 27a total .. and line 27b total ........ • • • • • • • • • •► 27d e Public support (line 27c total minus line 27d total)........................................................► 27e f Total support for section 509 a 2 test Enter amount on line 23, column e ► 1 27t 26,831 g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) .......................... 10. 27g h Investment income percentage (line 18, column (e) (numerator) divided by line 27f (denominator)) ..............► 27h 23.774 774 8 8 . 61% 1.60% 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 1994 through 1997, attach a list (which is not open to public inspection) for each year showing the name of the coniributor, the date and amount of the grant, and a brief description of the nature of the arant. Do not include these grants in line 15. (See instructions on page 4.) `r;. 2" Schedule A(rorm 990)1998 LA QUINTA HISTORICAL SOCIETY 33-0157441 Paae 5 Lobbying Expenditures by Electing Public Charities (See instructions on page 6.) N/A 8 #` (To be completed ONLY by an eligible organisation that filed Form 5768) Check here ► a if the organization belongs to an affiliated group. Check here ► b ❑ if you checked "a" above and limited contror provisions apply. Limits on Lobbying Expenditures Affiliated group To be completed (The term "expendmeans amounts paid or incurred.) totals for ALL electingitures" organizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) .................... 36 37 Total lobbying expenditures to influence a legislative body (direct lobbying) ..................... 37 38 Total lobbying expenditures (add lines 36 and 37)........................................ 38 39 Other exempt purpose expenditures................................................... 39 40 Total exempt purpose expenditures (add lines 38 and 39)................................... 40 41 Lobbying nontaxable amount. Enter the amount from the following table - If the amount on line 40 is - The lobbying nontaxable amount is - ::>:> Not over $500,000...................... 20% of the amount on line 40................. Over $500,000 but not over $1,000,000...... $100,000 plus 15% of the excess over $500,000 . . Over $1,000,000 but not over $1,500,000 .... $175,000 plus 10% of the excess over $1,000,000 41 Over $1,500,000 but not over $17,tx)0,000 ... $225,000 plus 5% of the excess over $1,500,000.. .. . O...ver $17,000,000...................... 1 ................. :.;:...:.>::::;::::::.>::::.::::::. 42 Grassroots nontaxable amount (enter 25% of line 41)...................................... 42 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 .......................... 43 44 Subtract line 41 from line 38. Enter --0- if line 41 is more than line 38 .......................... 44 Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4-Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 throuoh 50 on Pace 7.) Lobbying Expenditures During 4-Year Averaging Period Calendar year I (a) I (b) (c) I (d) I (a) (or fiscal year beginning in) ► 1998 1997 1996 1995 I Total 45 Lobbvina nontaxable amount.... . 46 Lobbying ceiling amount (150% of line 45(e)) ............ 47 Total lobbvino expenditures...... I 48 Grassroots nontaxable amount ... 49 Grassroots ceiling amount (150% of line 48(e)) ............ So Grassroots lobbying expenditures . Part Vl--i3, Lobbying Activity by Nonelecting Public CharitiesN/A (For reporting only by organizations that did not complete Part VI -A) (Se instructions on page 8.) During the year, did the organization attempt to influence national, state or local legislation, including any attempt to influence public opinion on a legislative matter or referendum, through the use of: aVolunteers...................................................................................... b Paid staff or management (Include compensation in expenses reported on lines c through h.) ...................... c Media advertisements............................................................................. d Mailings to members, legislators, or the public......................................................... . e Publications, or published or broadcast statements....................................................... f Grants to other organizations for lobbying purposes...................................................... g Direct contact with legislators, their staffs, government officials, or a legislative body .............................. h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means .......................... i Total lobbying expenditures (add lines c through h)....................................................... If "Yes" to any of the above, also attach a statement giving a detailed description of the lobbying activities. V28 Schedule A(Form99o)199a LA QUINTA HISTORICAL, SOCIETY 33-0157441 Page e ryji,> Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: Yes No (1) Cash............................................................................................... 51a(i) (11) Other assets......................................................................................... a(II) b Other transactions: (1) Sales of assets to a noncharitable exempt organization......................................................... b(1) (if) Purchases of assets from a noncharitable exempt organization................................................... b(II) (Ili) Rental of facilities or equipment........................................................................... b(Iii) (Iv) Reimbursement arrangements......................................................... b(iv) (v) Loans or loan guarantees................................................................................ b(v) (vi) Performance of services or membership or fundraising solicitations ................................................ b(vi) c Sharing of facilities, equipment, mailing lists, other assets, or paid employees ........................................... c d If the answer to any of the above is "Yes," complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization. If the organization received less than fair market value in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received. (a) (b) I (c) I (d) Line no. Amount involved Name of noncharitable exempt organization Description of transfers, transactions, and sharing arrangements N/A 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527?........................................................ ► ❑ Yes ® N1 b If "Yes," complete the following schedule. (a) (b) (c) Name of organization Type of organization Description of relationship N/A 1998 FEDERAL STATEMENTS PAGE 1 LA QUINTA HISTORICAL SOCIETY 33-0157441 STATEMENT 1 FORM 990-EZ, PART I, LINE 1 CONTRIBUTIONS, GIFTS, AND GRANTS NOT OPEN TO PUBLIC INSPECTION ----------------------------- NO SINGLE CONTRIBUTOR GAVE $5,000 OR MORE DURING THE YEAR. 1998 FEDERAL STATEMENTS PAGE 2 LA QUINTA HISTORICAL SOCIETY STATEMENT 2 FORM 990-EZ, PART I, LINE 6 NET INCOME (LOSS) FROM SPECIAL EVENTS SPECIAL EVENTS: A) FUND RAISERS B) C) OTHER: SPECIAL EVENTS GROSS RECEIPTS LESS: CONTRIBUTIONS GROSS REVENUE LESS: DIRECT EXPENSES NET INCOME (LOSS) STATEMENT 3 FORM 990-EZ, PART I, LINE 8 OTHER REVENUE 33-0157441 A B C OTHER TOTAL ---------- --------- --------- --------- --------- $ 14,817 0 14,817 0 0 0 ---------------------------------------------- 14,817 0 14,817 0 0 0 ---------------------------------------------- $ 14,817 0 14,817 ---------------------------------------------- ---------------------------------------------- MISCELLANEOUS INCOME ....................................... $ 42 TOTAL 42 STATEMENT 4 FORM 990-EZ, PART I, LINE 16 OTHER EXPENSES BUSTOUR ................................................... $ 743 DEPRECIATION ............................................... 1,524 DOCENT EXPENSE ............................................. 370 GALA....................................................... 6,374 INSURANCE.................................................. 2,525 INTEREST................................................. 8,105 MISCELLANEOUS .............................................. 1,478 MUSEUM REPAIRS ............................................. 946 OFFICE..................................................... 3,807 REAL ESTATE TAXES .......................................... 972 UTILITES................................................... 1,438 TOTAL $ 28,282 1998 FEDERAL STATEMENTS PAGE 31 LA QUINTA HISTORICAL SOCIETY STATEMENT 5 FORM 990-EZ, PART II, LINE 26 TOTAL LIABILITIES 33- 0157441 t BEGINNING ENDING ------------ ------------ MORTGAGES AND OTHER NOTES PAYABLE .............. $ 0 $ 117,971 TOTAL $ 0 $ 117,971 STATEMENT 6 FORM 990-EZ, PART III, LINE 28 STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS DESCRIPTION -------------------------------------------------- THE LA QUINTA HISTORICAL SOCIETY COLLECTS, PRESERVES, CATALOGS AND MAINTAINS DATA ON THE PAST AND THE PRESENT HISTORY OF LA QUINTA, CALIFORNIA. STATEMENT 7 FORM 990-EZ, PART IV LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES TITLE & AVG. NAME AND ADDRESS HRS/WK DEVOTED -------------------------------------------- BARBARA IRWIN PRESIDENT 44-065 CAMINO LA CRESTA NONE LA QUINTA, CA 92253 PROGRAM GRANTS AND SERVICE ALLOCATIONS EXPENSES ----------- ---------- $ 0 946 0 946 EMPLOYEE EXPENSE BEN. PLN ACCOUNT/ COMP. CONTRIB. OTHER ------------------------- 0 0 0 JUDY VOSSIER VP/SECRETARY 0 0 0 56-455 JACK NICKLAUS BLVD NONE LA QUINTA, CA 92253 DON ARENDS VICE PRESIDENT 0 0 0 79 BRIARWOOD CIRCLE NONE OAKBROOK, IL 60521 TOTAL $ 0 0 0 329 1998 FEDERAL STATEMENTS PAGE 41 LA QUINTA HISTORICAL SOCIETY STATEMENT 8 SCHEDULE A, PART IV -A, LINE 22 OTHER INCOME 33-01574411 DESCRIPTION (A) 1997 (B) 1996 (C) 1995 (D) 1994 (E) TOTAL -------------------------------------------------------------------- SPECIAL EVENTS $ 2,628 0 0 0 2,628 $ 2,628 0 0 0 2,628 ��1 33 YEAR California Exempt Organization FORM 1998 Annual Information Return 199 For calendar or fiscal year beginning month 2 dwA l year 1998, and ending month 1 day 3 lyear 1999 ;�jIpQRTA#FF� Yptlr pDtS7ftef is dfreCf A Final return? Yes. It yes, check applicable box No California corporation number FEIN • ❑ Dissolved ❑ withdrawn ❑ Merge d/Reorganlzed (attach explanation) D-1269120 133-0157441 If a box is checked. enter date • B Check forms filed this year. State: 109 too 1 ocs Attach Preaddressed Label FetleraL ❑ 990 ® 990E2 ❑ 990T ❑ 990PF ❑ 1041 ❑ 1120H ❑ 772 or See Instructions C If organization is exempt under RBTC Section 23701 tl and is a school, Corporation/Organization name public charity, religious organization or is controlled by a religious r organization, check box. See General YtsttctlonF.Nofalling fee isrequired. • (� LA QUINTA H I STOR I CAL SOCIETY D Is this a group filing? See General Instruction M. ❑ Yes ® No Address E Is this a nonexempt charitable trust as described in IRC Section 4947(axl)? ❑ Yes ® No F Accounting method used CASH PO BOX 1283 City State ZIP code LA QUINTA, CA 92253-1283 Part I Complete Part 1 unless not required to file this form. See General Instructions B and C. Receipts and Revenues (Attach check money or o e Y Ortlef here.) 1 Gross sales or receipts from other sources. From Side 2, Part II, line 8 ............................ • 2 Gross dues and assessments from members and affiliates .....................................• 3 Gross contributions, gifts, grants, and similar amounts received. See instructions....... STMT..... 1• 4 Total gross receipts for filing requirement test. Add line 1 through line 3. This line must be completed. If the result is less than $25,000, see General Instruction, C............ • 5 f goods sold ........................................... 5 1,33 Cost 0 6 Cost or other basis and sales expenses of assets sold ............... 6 7 Total costs. Add line 5 and line 6.......................................................... 8 Total gross income. Subtract line 7 from line 4................................................ 1 17,495 2 4,820 3 25,778 ..................................................... 4 1 48,0931 :: `:::::: ' ::`:::' ::::::':: `:'':::::: ' .,. ........... ,,. 7 1,334 a 46,759 Expenses 9 Total expenses and disbursements. From Side 2, Part II, line 18.................................. ............... 10 Excess of receipts over expenses and disbursements. Subtract line 9 from line 8 ..................... 9 29,422 10 17, 337 11 Fling fee $10 or $25. See General Instruction, F............................................... 11 10 . Filing Fee 12 Penalty for failure to file on time. See General instruction, L....................................... 12 113 Balance due. Add line 11 and line 12........................................................ 13 10 14 If exempt under RBTC Section 23701d, has the organization during the year: (1) participated in any political campaign, or (2) attempted to influence legislation or any ballot measure, or (3) made an election under RBTC Section 23704.5 (relating to lobbying by public charities)? If yes," complete and attach form FTB 3509..................................... ❑ Yes ® No 15 Did the organization have any changes in its activities, governing instrument, articles of incorporation or bylaws that have not been reported to the Franchise Tax Board? If "Yes," complete an explanation and attach copies of revised documents ......... ❑ Yes ® No 16 Is the organization exempt under RBTC Section 23701g? ........................................................... ❑ Yes ® No If yes," enter amount of gross receipts from nonmember sources $ 17 Did the organization file Form 100, Form 100S or Form 109 to report taxable income? ..................... ............... ❑ Yes 19 ,Uo If yes," enter amount of total income reported $ 18 The financial records are in care of BARBARA I RW I N Daytime telephone 7 6 0 - 3 6 0 - 9 8 51 locatedat 44-065 CAMINO LA CRESTA 92253 under penalties of perjury, 1 declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge Please and belief, it is true, correct and complete. Declaration of preparer (other than taxpayer) Is based on all information of which preparer has any knowledge. Sign Here Title ► ► Signature of officer Date Telephone Date Preparer's social security no. Preparer's Check If Paid signature ► LEE M OSBORNE CPA self-employed ❑ 5 6 0 - 3 5 - 6 0 04 Preparer's Firm's name or yours, PETERSON, SLATER & OSBORNE FEIN 3 3 - 0 7 8 3 2 9 9 Use Only if sell -employed) ► 81- 711 HIGHWAY 111 1- and atldress IND I O , CA 92201 Daytime telephone (7 6 0) 3.4 7 - 3A� For privacy Act Notice, see form FTB 1131. —� 19998104059 �— Form 199 Cl 1998 Side LA OUINTA HISTORICAL SOCIETY 33-0157441 Part 11 organizations with gross receipts of more than $25,000 and private foundations regardless of amount of gross receipts - complete Part 11 or furnish substitute information. See Specific Line Instructions. Receipts from Other5 Sources 1 Gross sales or receipts from all business activities. See instructions ............................. 2 Interest........................................................................... 3 Dividends......................................................................... 4 Gross rents .................. . Gross royalties...................................................................... 6 Gross amount received from sale of assets ................................................. 7 Other income. Attach schedule ............................... SEE . STATEMENT... 2 .. 1 2 3 a 5 1 6 7 2,322 15.1 8 Total gross sales or receipts from other sources. Add line 1 through line 7. " "" ` Enter here and on Side 1, Pert I, line 1.................................................... 8 17 , 4 95 9 Contributions, gifts, grants, and similar amounts paid. Attach schedule ............................ 9 10 Disbursements to or for members....................................................... 10 113 11 Compensation of officers, directors and trustees. Attach schedule ............................... 11 Expenses and 12 Other salaries and wages............................................................. 12 Disburse- Interest........................................................................... 13 8,105 ments14 Taxes............................................................................. 14 15 Rents............................................................................. 15 1, 14 0 16 Depreciation and depletion............................................................ 16 1,524 17 Other. Attach schedule ..................................... SEE . STATEMENT... 3.. 17 18,653, 18 Total expenses and disbursements. Add line 9 through line 17. Enter here and on Side 1, Part I, line 9... 18 2 9, 42 2 Schedule L Balance Sheets Beginning of income year End of Income year Assets (a) (b) (c) (d) 1 Cash ............... :::>:::::>:>:: 32,456 17,3581 2 Net accounts receivable......................::>::<::.>:_>`::::::»:.<::>::»s:::::_>::,:.>:::.»:::<:»»:<; >;::»:<::<::::<:»:<:;::::>:;•s>:::rs::>::>:::::::: 3 Net notes receivable. Attach schedule... ........... I ....... .. Inventories .............. ....... to government obligations S Federal an states .. . .. . 6 Inv i t bonds. schedule Investments n other bo ds u e ...... _ 7 Investments in stock. Aach schedule .. ... . . ans(number of loans 8 Mortgage loans ... - 9 Other investments.is. Attach h schedule ............. ............:...:::::::...:::::.:..:::...::.:.. 10 a Depreciable assets ........ <:::;:,;;;::;::::::;:<-:;_«:;:<::<:> 1 930 6, _... _....._.................. b Less accumulated depreciation .............. ( ) ( 1, 524 ) 60,406 11Land ............................... .. »::;<;:<:::»::»::;>;::::»>>_:::;z;;;:;;z:::: 90, 000 12 Other assets. Attach schedule . 1 To tal otal assets .................... 32 456 ;;:` :::::;:.,,.. ,,"..` ..',..,,.<;;.:>':..,: 167 764 Liabilities and net worth _ 14 Accounts payable ....................... bla ... ifts.9ra is payable ... .. 15 Contributions, 9 ........... 16 Bonds andnotesP bIe. flat e h ed ... .. payable. Mortgages payable ........................ ; »>::.>:».;:. 117,971 7 1 18 Other liabilitie .Attach schedule ........... ;_:.::»t7 Capital stock orPnnci le fund ................. ::::::::19 32 456 49,793 20 Paid- m orcaPitalsur surplus achreconciliation .... 21 Retained earnings or �nefund . .. T I' 22 ota liabilities and net worth .................. ::'s>;'' :>:::<:> >;<;><:': :>:: 32,456 167,764 Schedule M-1 Reconciliation of Income per books with income per return Do not complete this schedule if the amount on Schedule L, line 13, column (d), is less than $25,000. 1 Net income per books 17,33711 7 Income recorded on books this year not _s'> ..... ..... 2 Federal income tax ............................... 3 Excess of capital losses over capital gains ............. 4 Income not recorded on books this year. Attach schedule ............................. 5 Expenses recorded on books this year not deducted in this return. Aft sch ...................... 6 Total. Add line 1 through line 5........................... Side 2 Form 199 C1 1998 _ 7 included In this return. Attach schedule ................... 8 Deductions in this return not charged against book income this year. Attach schedule ................... 9 Total. Add line 7 and line 8 .......... 10 Net income per return. 17,3371 1 Subtract line 9 from line 6 ........... 17,33 7 15998204059 F_ . j; � - =;s INCOME YEAR CALIFORNIA F� 1998 Corporation Depreciation and Amortization 3885 Attach to Form 100. FORM 199 corporation name California corporation number LA QUINTA HISTORICAL SOCIETY D-1269120 Part i 5pnreciation (a) Description of property ' (b) Date acquired (c) cost or other basis (d) Depreciation allowed or allowable in earlier years (a) Method of figuring deprecia- tion (r) Life or rate fa Depreciation for this year (h) Additlonal fret year depreciation BUILDING 2/15/98 61,930 S/L 39 1,524 2 Add the amounts in columns (g) and (h). The combined total of column (h) may not exceed $2,000. See instructions for line 1, column (h)....................................................... 2 1,524 3 Total. Add the amounts on line 2, columns (g) and(h)............................................................ 3 4 Total depreciation claimed for federal purposes................................................................. 4 5 Depreciation adjustment. If line 4 is greater than line 3, enter the difference here and on Form 100, Side 1, line 6. If line 4 is less than line 3, enter the difference here and on Form 100, Side 1, line 15. If California depreciation amounts are used on Form 100, no adjustment is necessary) .................................. 5 1,524 cart )) AMORizaiton (a) Description of property (b) Date acquired (c) Cost or other basis (d) Amortization allowed or allowable in earlier years (a) R&TC section (f) Period or percentage Amortization for this year 2 Total. Add the amounts in column (g) ..................................................... 2 3 Total amortization claimed for federal purposes .......... .................................................... 3 4 Amortization adjustment. If line 3 is greater than line 2, en'z:r the difference here and on Form 100, Side 1, line 6. If line 3 is less than line 2, enter the difference here and on Form 100, Side 1, line 15................................. 4 3� �� 388598104059 I — FTB 3885 1998 Side 1998 CALIFORNIA STATEMENTS PAGE 1 LA QUINTA HISTORICAL SOCIETY 33-0157441 STATEMENT 1 FORM 199, PART I, LINE 3 CONTRIBUTIONS, GIFTS, GRANTS, AND SIMILAR AMOUNTS RECEIVED NOT OPEN TO PUBLIC INSPECTION ----------------------------- NO SINGLE CONTRIBUTOR GAVE $5,000 OR MORE DURING THE YEAR. f 63 3 `� LSC FORM CT — 2 (REV. 12-97) MAIL TO: Registry of Charitable Trusts P.O. Box 903447 Sacramento, CA 94203-4470 Telephone (916) 445-2021 PERIODIC REPORT TO ATTORNEY GENERAL OF CALIFORNIA Section 12586, California Government Code ACCOUNTING PERIOD - For the Year Beginning 2 / 01 1998 If address changed check here...... ► LJ and show changes below USE THIS PEEL -OFF LABEL ON CT-2 FORMS SUBMITTED. • LA QUINTA HISTORICAL SOCIETY Name of organization PO BOX 1283 Address (number and street) LA QUINTA, CA 92253-1283 City or Town, State, and ZIP code and FaUure to file this report by the 1 Sth day of the fifth month after the close of your accounting period may result In the loss of your tax exemption and the assessment of a minimum tax of $800 plus interest State Charity registration number (If unknown. leave blank) • Corporate or Organization No. D-1269120 1/31 ,i9 99 059122 A. Is the organization exempt from federal income tax? B. If "no", is this entity a split -interest trust? If "no", affix Exhibit A to explain your • • federal tax status. PART I FILING REQUIREMENTS: CHECK ONE BOX AND ATTACH THE REQUIRED IRS FORMS ® This entity is not a private foundation. We have attached a completed copy of IRS Form 990 or 990EZ, and Schedule A (Form 990) and related attachments (even though we may not be required to file these uniform forms with the IRS). Omit Part III below. ❑ This entity is a private foundation. We have attached a completed copy of IRS Form 990-PF and related attachments. Complete all Parts below. IX No A PART IA ACTIVITIES: ENTER AMOUNTS AND CHECK BOX I Yes I No 1 Gross receipts $ 48, 093 Total assets $ 167,764 Are the program activities of this entity limited solely to grantmaking?........................................................... X PART II STATEMENTS REGARDING THIS ORGANIZATION DURING THE PERIOD OF THIS REPORT Yes I No 1 Was 50% or more of your total revenue from government agencies?.........................................................1 If "yes", check below the government agencies and the total grant amounts received from each. 1(a) Federal ❑ ,1(b) State ❑ , 1(c) City ® 15,869 , 1(d) County ❑ 2 Were you audited by any government agency which resulted in audit exceptions in excess of $50,000 being taken? .................... 2 If "yes", attach a copy of the audit report. Enter here the total exceptions.................2a $ 3 Did an auditor or accountant issue a report on your financial statements?.....................................................3 If "yes", enter: Accountants or Auditor's Name Telephone 4 Were there any contracts, loans, leases or other financial transactions between the organization and any officer, director or trustee thereof either directly or with an entity in which any officer, director or trustee had any financial interest? (exclude the payment of life insurance on an officer or director; financing the principal residence of officer; compensation for services disclosed on the List of Officers, Directors and Trustees on Form 990, Part V; Form 990EZ, Part IV; or Form 990F, Part VII.) 4 If "yes", attach a full explanation. Enter here the amount involved ...................... 48 $ 5 Did you transfer or donate anything to an organization that is not tax-exempt under Section 501 (c)(3) or 501 (c)(4) of the IRC? .......... $ If "yes", attach a justification of why noncharitable entities receive your charitable property. Enter here the fair market value of the donations............................................................68 $ 6 Did this organization regularly solicit salvage, sell salvage in a thrift store, or was it a party to a contract involving the solicitation or sale of salvage? If "yes", include amounts on Form 990, line 10........................................................ 6 7(a)Was there any theft, embezzlement, diversion or misuse of your charitable property or funds? If "yes", attach a schedule giving a full and complete explanation.......................................................7(a) KI 7(b)Were any of your officers, directors or trustees named in any court action in which it was alleged that any trust or fiduciary duty ::. .......... was breached? If 'yes", attach a statement giving a full and complete explanation..........................................7(b) X 7(C)Were there any allegations of theft, embezzlement, diversion, or misuse of funds or property by officers, directors, trustees or employees which were investigated by your organization? If "yes", attach a statement giving a full and complete explanation........................................................................................7(c) X 8 Were any organization funds used to pay any penalty, fine or judgment?..................................................... 8 X If "yes", attach a full explanation. Enter here the total amount involved ................... 88 - - •- �> Under penalties of perjury, I declare that I have examined this report, including accompanying documents, schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Organization's area code and telephone number 7 6 0 - 5 64 -12 8 3 Signature of authorized officer (See instructions) Printed Name Title PAGE 1, Original - Mail to: Registry of Charitable Trusts Date LA QUINTA HISTORICAL SOCIETY LSC 33-0157441. 9 Did a fundraising consultant or commercial fundraiser receive any payment from you, or retain any money from fundraising on your behalf?................................................................................... 9 If yes", complete Part IV (Form CT-2). 10 Did your invested assets total $50,000 or more? If yes", complete Part V (Form CT-2) (See line 12 instructions) ...................10 11 Did you receive any income from any bingo game?..................................................................11 If yes", enter here and on Form 990, line 9a, the gross receipts provided by all bingo players before deductions for any costs or prizes, whether or not all gross receipts were received by your organization ...118 $ 12 Employee compensation for the five highest paid employees; (a) Did any individual employee receive salary plus employer contribution to employee benefit plans, expense account or other allowance in excess of$100,000?............................................................128 (b) Other than salary, was compensation, bonuses or other benefits not listed in (a) above of $10,000 or more, paid any employee?................................................................................... M (c) Did any employee receive the benefit of a residence for personal use which was owned or leased by the organization? .......12C (d) Did the organization lease, rent or purchase any equipment, property, or facility to or from an employee or any business entity in which the employee had any financial interest?.............................................12d If yes", enter here the total amount involved...................................12d $ (e) Did the organization make any loans in excess of $5,000 to any employee? .........................................12E If any of questions 12(a), (b), (c), (d), or (e) are answered yes", attach specific details to fully explain any yes" response and fully complete Part I, Schedule A (Form 990). 13 Did you make payments totalling over $50,000 to any independent consultants or contractors other than for (a) fundraising, (b) accounting, (c) legal fees, (d) investment fees? .................................................... 13 14 If yes", either complete Part II of Schedule A (Form 990) for the five highest paid regardless of the amounts; or, attach a similar schedule of names, addresses, type of service and amounts. Enter here the total of all payments to all independent contractors...............13a If you incurred or paid any of the following taxes and/or related penalties, enter the amounts in blanks provided. ITax a. Payroll .................................................. 148 b. Sales (on items you sold) .................................... 14b c. Personal property ......................................... 14C d. Real Estate .............................................. 14d e. Unrelated Business Income .................................. 14e 972 15 Were you named as a beneficiary to receive a portion of commercial transactions (commercial co —ventures, joint venture marketing, or cause -related marketing)?................................................................ . If yes", enter here the gross amount received......................................158 $ 40 LSC LA QUINTA HISTORICAL SOCIETY 33-0157441 PART III ADDITIONAL INFORMATION FROM PRIVATE FOUNDATIONS ONLY Yes No 16 Did you file a Form 4720 with the Internal Revenue Service? ............................................... 16 If "yes," attach a copy of Form 4720 and enter here the amount of total taxes paid with that return .................. 16a N/A PART IV FUNDRAISING CONSULTANT OR COMMERCIAL FUNDRAISER (FC-CFR) (SEE QUESTION 9) ACTIVITY #1 ACTIVITY #2 ACTIVITY #3 •• TOTAL 17 Brief Description of Campaign, Drive, Event or Services 18 Date Period Covered a or 19 Name of FC-CFR 20 Address of FC-CFR <<?' 21 Gross Receipts from Donors' 21 0. 22 Total Retained by or Paid to FC-CFR 22 0 23 All Other Fund -Raising Expenses 23 0 24 Net Proceeds (Line 21 Less 22 and 23) 24 0 'On line 21, do not deduct any costs from gross donations. "NOTE: If more than three activities, attach a schedule using the same format and include amounts in Part IV totals. PART V SUMMARY OF INVESTMENTS TOTALING $50,000 OR MORE (SEE QUESTION 10) N/A 25 Securities, beginning of year at cost.................................................................... 25 26 Securities acquired, at cost or original basis............................................................... 26 27 Securities sold, at cost or original basis (may include sales expenses) .......................................... 27 — 28 Securities, end of year at cost .......................................... ............................ 28 29 Securities, end of year at market value.................................................................. 29 30 Sum of all gains on sales during the year ................................................................ 30 31 Sum of all losses on sales during the year............................................................... 31— 32 Dividends and interest from securities (990, line 5 or 990-PF, Part I, line 4, column (a)) ............................ 32 33 Total return realized (line 30 less line 31, plus line 32) ..................................................... 33 34 Less all fees, salaries, and other costs incurred to ea investment income ...................................... 34 — 35 Net return realized from investments in securities (line 33 less line 34).......................................... 35 Has this organization engaged In, purchased, sold or held during the year: 36 Investments (any type) which produce no current income? .................................................. 36 37 Investments (any type) worth one half or less of original basis? ............................................... 37 38 Securities on margin?............................................................................... 38 39 Warrants, puts, calls, options, commodity futures, or short sales? ............................................. 39 40 Stocks rated "Speculative Grade" by Moody's, or ranked "B= or lower by Standard & Poor's?....................... 40 41 Securities not publicly traded?........................................................................ 41 42 Municipal bonds or similar tax-exempt securities which yield less than taxable securities? .......................... 42 43 Stock in which an officer, director or trustee owns 10% or more of the outstanding shares? ......................... 43 If "yes" on any line from 36-43, attach a full explanation including original basis and current value. PAGE 3, Original - Mail to: Registry of Charitable Trusts 97 36700 WRITTEN CORRESPONDENCE ITEM: `La Quinta on itA a �'=D P.0. J9ox 1999 APR 0 AM 10 42 ..CA Quinta, C_,,.,,4 92253' L Q U 1 N 1 A (760 )771-1999 CITY CLERK April 26. 1999 LA QUINTA CITY COUNCIL 78495 Calle Tampico La Quinta CA 92253 Dear Mayor Pena and City Council Members: Please consider this letter as a formal request from the Board of Directors of La Quinta on Stage. Inc. for funding of $15.000.00 from the City of La Quinta's 1999-2000 budget. As you know the scheduled premiere date of Memorial Day weekend 1999 has been postponed due to setbacks caused by the loss of our creative team This temporary setback has not dampened the spirit of the Board. We remain as dedicated to and enthusiastic about the project as ever. Replacing the team has been a slow process. we Hill not compromise our high standards to avoid delays. The upside of the postponement is that it has brought several local- talented people to our attention, some of whom were not available in the past. Utilizing local talent has always been a high priority and we are close to assembling a new team comprised of Coachella Valley residents. Education continues to remain one of our primary goals. Our scholarship program is open to all Coachella Valley high school students. Last years recipient was from La Quinta High School. Applications have been sent out for this years award - The community remains faithful to the project and we continue to receive pledges and donations. We greatly appreciate your financial assistance in the past- Please continue to support this worthy cause. We welcome the opportunity to provide you with further information or to answer any questions. Sincerely-. Honey Atkins President COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 April 28, 1999 Ms. Dodie Horvitz Community Services Director City of La Quinta P. O. Box 1504 La Quinta CA 92253 Dear Ms. Horvitz: The Coachella Valley Community Concert Association appreciates the past support for our youth program by the City of La Quinta. During the past year we have been able to bring quality music programs to more than 21,000 young people, and in addition, approximately 600 seniors and more than 1,000 adults have benefitted from our programming. In order to continue this vital, unique program which enhances the lives of our citizens, we are requesting funding from the City of La Quinta in the amount of $5,000 for the 1999-2000 fiscal year. These funds will be used exclusively for presenting professional music artists in schools and community programs designed to further musical education. Thank you for your serious consideration of this request. Sincerely, Elaine Lloyd, President A NON-PROFIT CULTURAL ORGANIZATION 43 i LA QUINTA VOLUNTEER FIRE COMPANY P.O. BOX 387 La Ouinta, California 92253 TO: DODIE HORVITZ, COMMUNTIY SERVICES DEPARTMENT. 3.22-99 FROM: BRUCE PELLETIER, LA QUINTA VOL. FIRE COMPANY. CONCERNING: GRANT FOR OCTACON SYSTEMS, FOR THREE OF OUR RESCUE VECHILES DODIE. WE WOULD LIKE TO BE COSIDERED FOR A GRANT THIS YEAR FOR S2000.00 TO INSTALL AN OCTACON SYSTEM ON ALL THREE VECHILES. THIS SYSTEM! ALLOWS US BETTER RESPONSE TIMES THROUGHT THE CITY. THIS SYSTEM TURFS THE TRAFFIC LIGHTS GREEN FOR US AND RED TO OPPOSING TRAFFIC WHICH MAKES OUR RESPONSE MUCH SAFER FOR OUR FIREFIGHTERS AND CITIZANS. ANY QUESTIONS PLEASE CALL W 760-346-1870 H 760-564-6704 THANK YO CE PELLETIER L.Q. V.F.C. PRESIDENT t 44, S C1 \ W DATE: June 3, 1999 oFR pF co�� TO: Tom Genovese, City Manager Mark Weiss, Assistant City Manager FROM: Shelly Morris, Chairperson - elect SUBJECT: 1999-2000 City - Chamber Contract Proposal The enclosed represents the La Quinta Chamber of Commerce's contract proposal for the period of July 1, 1999 through June 30, 2000. The program areas were identified by a special Board of Director's Task Force (chaired by myself) as those areas which the Chamber can perform effectively on behalf of the City. From a budget perspective, the amount of $155,000 represents a 9% reduction from last years' billings of $170,000. Three of the areas are similar to last years' contract in program (Mainstreet Marketplace, "THE GEM" Newsletter and Visitor Services). We will be less involved with business development and more focused on business retention and promotions. We are however, prepared to work closely with the City in a supportive role where needed in economic development efforts. Given implementation of the City's economic development strategy, support from the Kiner-Goodsell agency and our focus on expansion and retention, we strongly believe that the City will have a very competitive team in place to position La Quinta as a place to do business. Our intent is to strengthen and expand our visitor services with enhanced information materials and visitor programs. The Chamber's goal is to expand Mainstreet to six events. As noted in the attached, we hope to expand the use of four color in the "GEM", while we anticipate increases in postage and paper costs. As to the Chamber's business retention efforts, we will be utilizing the "Gardening" program developed in Littleton, CO and used in Lake Elsinore, CA. The concept is built the principle of expanding from within. In simplest terms, we believe that it is important to do those things which we can do best given limited resources. As to the four specific contract areas, the Chamber will supplement the $155,000 allocation with over $80,000 in additional funds. . C'11 71/i/1117 c j L'ou111117C ' lit"t Offia bol' ?; ; ,4'11 Quirrkt. L:4 922 � -71 '6D-; 64-? 199 •lac 't�0 ; 64-3I 1 1 l 45 We will handle billings in the same manner, if agreed to, which would include four quarterly payments of $38,750 (July, October, January, and April). Our volunteer leaders, volunteer resources and professional staff look forward to our renewed partnership in helping the City of La Quinta move into the 21st Century in a progressive and efficient manner. .. 4 LA QUINTA CHAMBER OF COMMERCE 1999-2000 CITY -CHAMBER CONTRACT FUNDS DISTRIBUTION 1999 REQUEST: $155,000 A. Business Retention and promotion ........ $45,000 Specific efforts will be directed at supporting major community events (such as the Mariachi Festival, Oktoberfest, and La Quinta Arts Festival), and business retention and new business assistance programs. Business plans are being developed for all areas noted. Tentative expenditure disbursement is as follows: 1. Community promotion & event support ..................... $15,000 (33%) 2. Business retention & Promotion ................................. $10,000 (22%) 3. New business assistance ............................................... $ 7,000 (16%) 4. Collateral material reprinting ..................................... $ 3,000 (7%) 5. Retail promotions......................................................... $10,000 (22%) B. Mainstreet Marketplace................................................... $25,000 A minimum of four events are tentatively planned for the 1999-2000 fiscal year. Events have been scheduled for November, December, February and March. Each event costs approximately $8,600. Sponsors, vendors and concessions will supplement the City allocation. The two largest expenditures are for the event(s) coordinator and marketing. Our goal is to hold six events. C. . Monthly Newspaper.......................................................... $44,000 "THE GEM" Once again, the Chamber will publish ten editions at an anticipated cost of approximately $6,000 per edition. The differential ($16,000) will be offset by advertising income. Postage could cause us hrartburn, but we'll cross that bridge if and when v - get to it. We will con:�nue expanding four color utilization and will negotiate for a better quality paper. Cost variables include typesetting, printing, editorial, postage and photography. Our average monthly distribution to La Quinta households is approximately 10,000 per month or $4.40 per household annually (.44 per month). D. Visitor's Center................................................................. $41,000 The Highway 111 office will continue to be one of La Quinta's primary "front doors" for both visitors and residents in search of general information, demographics and/or assistance. With the continuing growth in the Cove and Southeastern La Quinta, the Chamber's Village Office has rekindled needs to serve a greater role in visitor services. A portion of this allocation allows the Chamber to provide visitor services on weekends from November thru May at the Highway 111 Office. Expenditures include telephone, utilities, collateral material, postage, and office supplies for both offices. Given La Quinta's growth, the Chamber anticipates expanding and enhancing visitor center and visitor service needs. Given the number of visits, telephone inquiries and mail inquiries (best guess - cumulative 9,800/6,500 Nov -May), our servicing cost is approximately $4.18 per inquiry. F4 LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT 1999-2000 BUDGET BUSINESS RETENTION AND PROMOTION CITY ALLOCATION - $45,000 EXPENSES: Fixed Costs - $29,704 (1) Variable Costs - $15,296 (2) TOTAL NOTES: $45,000 #1 - Fixed or operational costs include auto/travel, taxes, business expenses, insurance, office supplies, postage, staffing, telephone/fax/web and utilities. It should be noted that staffing is not for on specific position but shared f j all personnel. #2 - Variable costs are all program related. Programs are also supplemented by various fixed costs. Expenditures will be allocated to community promotion and event support, business expansion and retention, new business assistance, collateral material reprinting and retail promotion. .► 49 LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT 1999-2000 BUDGET MAINSTREET MARKETPLACE CITY ALLOCATION - $25,000 (1) EXPENSES: (2) 1. FIXED - A. Auto Allowances...................................................................$120 B. Employee Benefits/Taxes....................................................1,583 C. General Expenses.....................................................................60 D. Insurance/Liability.................................................................600 E. Office Expenses...................................................................1,000 F. Repairs/Maintenance-Offices....................................................0 G. Staffing................................................................................4,344 H. Telephone/Fax/Web...............................................................500 I. Utilities.......................................................................................0 SUB TOTAL ............................. $8,207 2. VARIABLE - A. Advertising........................................................................$4,000 B. Barricades..............................................................................100 C. Electrical & Hardware...........................................................300 D. Entertainment........................................................................... 0 E. Equipment Rentals.................................................................500 F. Miscellaneous.........................................................................300 G. Outside Services..................................................................7,200 H. Permit.....................................................................................300 I. Postage....................................................................................100 J. Printing.................................................................................. 800 K. Security ............................................................................... 1,200 L. Set-up/Clean Up.................................................................... 363 M. Signs/Posters/Banners........................................................... 900 N. Sound....................................................................................... 80 O. Tenting...................................................................................250 P. Volunteer Support .....................................................................0 Q. Waste Control........................................................................400 SUB TOTAL ....................... $16,793 TOTAL EXPENSES.......... $25,000 NOTES: #1- We anticipate additional receipts of $24,700. #2 - Overall expenses have been projected at $56,000. The short fall is picked up by receipts from other Chamber programs and projects. LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT 1999-2000 BUDGET "THE GEM" NEWSLETTER CITY ALLOCATION - EXPENSES: FIXED COSTS - VARIABLE COSTS TOTAL NOTES: $44,000 $17,102 (1) $26,898 (2) $44,000 #1 - Fixed or operating costs include auto/travel, taxes, office supplies, staffing, and telephone/fax/web. #2 - Variable costs include postage/distribution and production. #3 - This project or the production of 10 editions will run in excess of $60,000. The difference is picked up by advertising revenues and other Chamber programs and projects. t 5i LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT 1999-2000 BUDGET VISITOR'S CENTERS CITY ALLOCATION - EXPENSES: FIXED COSTS - VARIABLE COSTS - TOTAL NOTES: $41,000 $25,127 (1) 15,873(2) $41,000 #1- Fixed or operational costs as noted under Business Retention and Promotion. This allocation is supplemented by other sources of Chamber income (in excess of this amount). The fiscal demands of operating two facilities is growing dramatically while seven day a week operations will be - continued November through May. The Chamber will be reviewing the efficiencies and future needs of Center(s) operations this year. Coupledwith increased traffic, the Centers are becoming key community locations. #2- Continued development of collateral material is a priority this year. 5 May 27 , 1999 Mr. Tom Genovese City Manager, City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Tom: jVf TA FOUNDATION On behalf of La Quinta Arts Foundation (LQAF), I would like to request that the City of La Quinta consider two Contracts for Services (as outlined in a single Application for Contract Services Agreement) specific to marketing for the 1999/2000 fiscal year. Please be assured that ALL media for these events will PROMINENTLY acknowledge the City of La Quinta as a Premier Sponsor. The Foundation is requesting a total of $75,000 in marketing funds to promote the City as a Premier Sponsor of the following events: A. $55,000 - La Quinta Arts Festival scheduled in March 2000 B. $20,000 — Impressionaire Plein Air painting event scheduled in January 2000 It is important to the Arts Foundation that our events continue to have an ever increasing positive impact on the economic development of the City of La Quinta. Our local business surveys of the past three Festivals (enclosed) confirm the significance of marketing our events with regard to the impact on the economics of the City of La Quinta. We have an aggressive strategic marketing plan in place. Our annual marketing budget for all activities is expected to be over $200,000. We are asking the City to assist with $75,000 of that amount as specified above. Our marketing is specific and targeted to assure national exposure. Our national ranking among the top three shows in the nation provides us with a high profile on a national level. The following items are enclosed: 1. Application for Contract Services Agreements Fiscal Year 1999/2000 2. 1999 Art Festival Marketing report for La Quinta Arts Festival (verifying actual total expenditures of $102,111) 3. 1999 Plein Air Festival Marketing report (verifying actual total expenditures of $35,515) 4. Statement of Revenues & Expenses showing 1999/2000 Proposed Budget figures 5. IRS Form 990 for period ending June 30, 1998 6. 1999/200 Contract Services Agreement 7. 2000 Art Festival Marketing report showing proposed costs of $103,076 8. 2000 Plein Air Festival Marketing report showing proposed costs of $48,350 9. Surveys of Businesses Affected by the 1997, 1998 and 1999 La Quinta Arts Festivals 10. LQAF Sponsorship/Grant Procurement Programs 11. LQAF Event Summaries 12. Current LQAF Membership Brochure Thank you for your assistance in processing our request. Sincerely, 41 J z" Susan Francis Executive Director POST OFFICE BOX 777 A LA QUINTA, CA 92253 A 760 564 1244 A FAX 760 564 6884 53 CITY OF LA QUINTA APPLICATION FOR CONTRACT SERVICES AGREEMENTS FISCAL YEAR 1999/2000 Name of Organization: LA QUINTA ARTS FOUNDATION Amount Requested: $75,000 Contact Person: SUSAN FRANCIS, EXECUTIVE DIRECTOR P.O. BOX 777 Mailing Address: City: T.A QUINTA State: CA Zip Code: 92253 Phone No.: (760) 564-1244 501(c)3 Taxpayer I.D. Number. Date Submitted: 95-3842968 MAY 27, 1999 1 5-4 1. 2. 0 4. 5. 6. 7. 8. APPLICATION What is the overall purpose or goal of your organization? La Quinta Arts Foundation is a charitable non-profit whose mission is to cultivate and promote the arts in the Coachella Valley by developing innovative arts education programs, producing large scale events and form meaningful partnerships and exchanges with other organizations. How long has your organization been in existence: 18 Years Months Describe in general the activities or services of your organization: Produce a week long Plein Air art show in January, a one day Home Tour event in February, a four -day fine Arts Festival in March and series of one day Arts Under the Umbrella shows. Develop and administer eight educational outreach programs: Scholarship, Young at Art, Art Beat, Making Friends with Great Works of Art Docent Outreach Program, Youth Art Works, Adult Enrichment, Children's Hand -On Art Center at Festival and Children's Guided Tours at Festival. Create volunteer opportunities through the Arts League. How many people does your organization currently serve: 30,350 (estimate) Festival=23,000 Home Tour=1,000 Schools=5,000 - Membership =1,000 Volunteers = 350 No. Of Youth 5,000 / yr No. of Adults 9.000+ No. of Seniors 15,000 + (not including seniors) How many people do you intend to serve during this Fiscal Year? 35,000+ No. Of Youth 6,000 / yr No. of Adults 12,000+ No. of Seniors 17,000 + (not including seniors) How many people served this Fiscal Year will be La Quinta residents: 18,000 (estimates) No. Of Youth 3,000 / yr No. of Adults 5.000+ No. of Seniors 10,000 + (not including seniors) (Figures based on 1999 Festival Marketing Survey which revealed 57% of attendees were. full or part time La . Juinta Residents.) How many paid employees/volunteers does your organization employ? No. Of full time employees 8 No. Of part time employees 2 Describe how your organization is managed and governed. Board of Directors and Executive Director 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Kay Wolff President P.O. Box 1016 564-4070 La Quinta, CA 92253 Larry Cox Vice President 52505 Avenida Diaz 564-0258 La Quinta, CA 92253 Richard DeSantis Treasurer 73647 Sun Lane 773-3642 Palm Desert, CA 92260 Olga Giannini Secretary 51555 Madison 347-1710 La Quinta, CA 92253 10. What is your annual schedule of events, and during what months does your organization operate? LQAF operates 12 months. Our current schedule of events/programs is as follows: impressionaire Plein Air art show / January 2000; Home Tour / February 2000; Benefits of Membership Events / January, February & March 2000; La Quinta Arts Festival / March 2000; Adult Education Field Trips (3/year); Adult Enrichment Art Classes (John Weidenhamer Drawing Classes) / June; 4 Arts Under the Umbrella Shows / Fall through Spring; Docent Training Sessions / Fall & Spring; Docent Program in Schools / 9 weeks each Fall & Spring; Scholarship Application Process & Awards Reception / February - June 11. Do you charge admission, membership fee, dues, etc.? X Yes No If yes, please describe: LQAF Membership levels range from $25 to $10,000. An admission fee is charged to attend La Quinta Arts Festival: $8 adults; $2 children 12. What are your other sources of revenue for this funding year? Source Amount SEE ATTACHED DRAFT O`- STATEMENT OF REVENUES & EXPENSES 1999/2000 3 J� 13. Amount of money requested from the city of La Quinta? $ 75,000 14. Has your organization been funded by the City of La Quinta previously? Yes X If yes, when 1996 97 Amount received $75,000 (contract) Marketing two large scale events 1997 98 $45,000 (grant) Marketing one large scale event 1998 99 $65,000 (contract) Marketing one large scale event & one medium — event - 15. Need Statement. Clearly identify the program(s) for which funding is requested and plainly state the reason(s) or need for the requested funds and how these funds will be used, if awarded. (Please attach additional sheets as necessary.) All funding will be allocated for media buying expenses which include purchasing ads in newspapers, billboards, radio & television stations and outside event programs including National publications —ALL of which will PROMINENTLY acknowledge the City of La Quinta as a Premier Sponsor. A. $55,000 will be used for marketing the 18th annual La Quinta Arts Festival in March 2000. B. $20,000 will be used to market the Impressionaire plein air week-long painting event in January 2000. 16. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. (Please attach additional sheets as necessary.) All net proceeds from LOAF events are used to fund our eight educational outreach programs (listed in #3), which benefit 4th and 5th grade students, provide scholarship awards funding for local college -bound art students and adults who participate in enrichment programs.. 17. Attach a copy of your Program Operating Bu,'gF :, and a separate detailed, concise list of intended City funded expenditures. 18. Non-profit organizations must attach a copy of the organization's current IRS Form 990. .19 5 `' La %4uinta ~ts r0unuaLrUll 1999 ART FESTIVAL MARKETING ACTUAL MONEY SPENT k FESTIVAL MARKETING PAYROLL AIRPORT AD ---------------------------------------------- BILLBOARDS ---------------------------------------------- BOB HOPE CLASSIC PROGRAM AD GRAPHIC DESIGNS FOR ADS MAGAZINE ADS --------------------------------------------------------- METRO THEATER AD --------------------------------------------------------- MISC.MARKETING ITEMS --------------------------------------------------------- NEWSPAPER ADS $15,000 $3,262 $450 $1,500 $4,747 $8,485 $250 S1,345 $3,475 PALM SPRINGS LIFE $4,700 PALM SPRINGS FILM FESTIVAL ------------------------------------------------------------------------------------------------------------------------------------ $900 PROCESSING COSTS FOR ADS ------------------------------------------------------------------------------------------------------------------------------------ $3,039 PROGRAMS ------------------------------------------------------------------------------------------------------------------------------------ $17,823 RACK CARDS ------------------------------------------------------------------------------------------------------------------------------------ $2,382 RADIO ADS $7,493 TV ADS $7,835 WEB PAGE ------------------------------------------------------------------------------------------------------------------------------------ $505 LA QUINTA FESTIVAL POSTERS $7,200 LA QUINTA FESTIVAL T-SHIRTS ------------------------------------------------------------------------------------------------------------------------------------ S6,956 LA QUINTA MISC RESALE ITEMS S4,763 ------------------------------------------------------------------------------------------------------------------------------------ TOTAL MARKETING RESALE ITEMS $18,920 Total Marketing S102,111 5F La Quints Arts Foundation 1999 PLEIN AIR FESTIVAL MARKETING PLEIN AIR MARKETING PAYROLL $8,000 ---------------------------------------------------------------------------------------------------------------------------------------- AL&Z TV PRODUCTION $5,000 GRAPHIC DESIGNS -FOR -ADS $762 MAGAZINE ADS -------------------------------------------------------------------------------------------------------------------------------------------- $552 MISC. MARKETING ITEMS -------------------------------------------------------------------------------------------------------------------------------------------- $1,114 NEWSPAPER ADS --- -------------------------------------------------------------------------------------------------------------- $2,898 --------------------------- PHOTOGRAPHY -------------------------------------------------------------------------------------------------------------------------------------------- $116 PRINTING & POSTERS --- ---------------------------------- ---------------------------------------------------------------------------------------- $7,313 --------------- PROCESSING COSTSFOR ADS -------------------------------------------------------------------------------------------------------------------------------------------- $200 RADIO ADS -------------------------------------------------------------------------------------------------------------------------------------------- $1,650 TV ADS ---------------------------------------------------------------------------------------------------------------------------------------- $7,510 -- VOICE OVER -------------------------------------------------------------------------------------------------------------------------------------------- $400 Total Marketing S35.515 LA QUINTA ARTS FOUNDATION rATEMENT OF REVENUES & EXPENSES Jll i` (II II 4i1 a J((.!1! i�.0�_,�1 11 0�i�'•``%fll �I K�) U YrIfDW 1999-2000 1998-99 PROPOSED APPROVED BUDGET BUDGET REVENUES. ARTS FESTIVAL (SCHEDULE 1) PLEIN AIR SHOW (SCHEDULE 21 DEVELOPMENT (SCHEDULE 4) EDUCATION (SCHEDULE 5) ARTS LEAGUE (SCHEDULE 6) OPERATING (SCHEDULE 7) UMBRELLA (SCHEDULE 8) TOTAL REVENUES EXPENSES ARTS FESTIVAL (SCHEDULE 1) PLEIN AIR SHOW (SCHEDULE 2) DEVELOPMENT (SCHEDULE 4) EDUCATION (SCHEDULE 5) ARTS LEAGUE (SCHEDULE 6) OPERATING (SCHEDULE 7) UMBRELLA (SCHEDULE 8) TOTAL EXPENSES i 665,000 185,250 301,150 72,145 56,000 6,500 16,000 1,302,045 531,850 65,500 153,650 65,795 55,300 6,500 15,500 894,095 i 346,983 290,998 i 196,672 64,587 i 112,477 97,603 i 253,828 185,927 i 76,375 62,737 i 30,738 144,797 $ 32,338 14,393 i 1,049,411 1998-99 THRU 4/30/99 557,891 33,618 164,933 47,487 ....... .. . ... 57,287 12,046 9,037 882,299 237,037 59,091 62,049 100,652 50,566 95,569 4,568 861,042 609,532 TOTAL NET RESERVE 252,634 331053 272,767 5/26/99 3:12 Ptvl Fornh IVVU _ keturn of urgaiiizauon C.Acirtpt. r iwis, ,,,...,►►,� ,�.r ,� y�/ Under section 5o1(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust This Forst is open to PtrbYc Detarenarrt of Dw Treawuy uxernal Rvme Sep," Note: The organ¢adon may have to use a copy of this return to satisfy state mpordrlg ramminents• A For the 1997 calendar year. OR tax year period beginning JtTLy 1 , 1997, and ending JUNr 3 0 , 19 9 8 t3 Check it Mesa C Name of orpri awn 0 Employer identi cation number ❑ Chan" of'schwa ties IRS Z:r QUINTA ARTS FOUNDATION 9 5— 3 8 4 2 9 6 8 Wool or ❑ Initial return prim or Numtxr and street (or P.O. box if mail is not deinered to street address) lRoomisudo E state regtsawbon number ❑ Final return `yp` P.C. Box 777 116 8 319 See ❑ Amend return Soecfic City or town, state or country, and Z1P-4 F Check ► ❑ if emption (required also for tic - State reporting) Dons LA- QU I NTA CA 9 2 2 5 3 — is vapplication G Type of organization — ► Exempt under section Sol (c) (3 ) ("inert number) OR it. (J section 4947(a)(1) nonexempt charitable trust Note: Section 501(c)(3) exempt organizations and 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990). H(a) Is Otis a group return riled for 21M42tes? ............................... ❑ Yes © No 1 It either box in H is checked 'Yes.' enter four-itign group exemption number (GEM ► (b) If "Yes.' enter the number of affiliates for which this return is filed: ...... ► J Accounting method: ❑ Cash © Aouuel (c) Is this a separate return riled by an organization covered by a group ruling? ... ❑ Yes ® No ❑ Other (specify) ► K Check here ► L...I if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS: but if it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return Note- Farm 990-F-7 may be used by organizations with arose receipts less than $100.000 and total assets less than $250.000 at end of Year. Patti Revenue, Expenses, and Changes in Net Assets or Fund Balances (See Specific Instructions on page 11_) 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ............................... lal 10 , 4 8 0 b Indirect public support .............................. 1b ;> c Government contributions (grants) .................... 1cl 45, 000 d Total (add lines 1a through 1c) (attach schedule of contributors) (cash5 S5, 480 noncash5 ) ...................... 1d 55,480 2 535,065 2 Program service revenue including government fees and contracts (from Part VII, line 93) 3 141 842 3 Membership dues and assessments ........................................ 4 Interest on savings and temporary cash investments ............................ 4 19, 061 5 Dividends and interest from securities ....................................... 5 15,109 6a Gross rents ...................................... 6a b Less: rental expenses ............. c Net rental income or (loss) (subtract line 6b from line 6a) ........................ 6c 7 7 Other investment income (describe ► ) c 8a Gross amount from sale of assets other (A) securities (e) other than inventory ................... 8a b Less: cost or other basis and sales expenses. 8b c Gain or (loss) (attach schedule)...... 8c d Net gain or (loss) (combine line 8c, columns (A) and (B)) ........................ 8d 9 Special events and activities (attach schedule) a Gross revenue (not including 5 of contributions reported on line 1a) ..................... '9a b Less: direct expenses other than fundraising expenses ..... 9b ..::....:: c Net income or (loss) from special events (subtract line 9b from line 9a) .............. 9c 10a Gross sales of inventory, less returns and allowances ...... 10a 4 369 b Less: cost of goods sold ........... ................ 110b 1 12, 7 0 � c Gross pr Gt or (loss) from sales of inventory t .tach schedule) (subtract line 10b from line 10a) ....... ........:. 10C — 8 , 3 3 2 11 11 Other revenue (from Part VII, line 103)...................................... 12 Total revenue (add lines 1 d, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11) ................. 12 1 758, 225 13 Program services (from line 44, column (B)).................................. 13 362, 067 N14 Management and general (from line 44, column (C)) ............................ 14 133, 301 a15 Fundraising (from line 44, column (D))...................................... 15 53, 967 w 16 Payments to affiliates (attach schedule) ...................................... 16 17 549, 335 17 Total expenses (add lines 16 and 44, column (A)) ............................. 18 Excess or (deficit) for the year (subtract line 17 from line 12) ...................... 18 208 890 19 Net assets or fund balances at beginning of year (from line 73, column (A)) .......... 19 661, 729 a 20 Other changes in net assets or fund balances (attach explanation) 20 z 21 Net assets or fund balances at end of Year (combine lines 18, 19, and 20) 21 8 7 0 619 For Paperwork Reduction Act Notice, see page 1 of the separate instructions. ISA STF FE019MF 1 - Form 990 (1997) V ;Paiff, � Statement of Au organuzbons must Complete Colwmrt (A). Cottarrs (13). (f7, and (0) am regueed for aecuon 501(c)(3) and (4) organtauons Lw_Ft mintional Expenses are seCaon 4a47(a)(1) rwnmempt chards le costs bui option! for others. (see speCiric IMMICtiots on pegs 15.) Do not include amounts reported on line 6b- 8b, 9b, 10b, or 16 of Part 1. (A) TOW (8) Progcarm (C) Mutagement aw gerwriai I (D) Fundrasutg Z2 Grants and allocations (attach schedule) ...... (cash S noncash $ ) 23 Specific assistance to individuals (attach schedule) ..... 24 Benefits paid to or for members (attach schedule) ...... 25 Compensation of officers, directors, etc........ 26 Other salaries and wages .................. 27 Pension plan contributions ................. 28 Other employee benefits .................. 29 Payroll taxes ........................... 30 Professional fundraising fees ............... 31 Accounting fees ......................... 32 Legal fees ............................. 33 Supplies ............................... 34 Telephone ............................. 35 Postage and shipping ..................... 36 Occupancy ........................... :. 37 Equipment rental and maintenance .......... 38 Printing and publications .................. 39 Travel ................................ 40 Conferences, conventions, and meetings ...... 41 Interest ............................... 42 Depreciation, depletion, etc. (attach schedule) .. 43 Other expenses (itemize): a STATEMENT b c 22 23 26,5001 26,500 24 25 26 19 6, 2 6 113, 3 9 8 5 5, 399 2 7, 4 5 9 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 15, 6311 15, 631 43a 310, 948 222, 16 9 62 , 2 7 i 26,508 43 b 43c d 43d e 44 Total functional expenses (add lines 22 through 43) Organkudons completing columns )- (D), carry these totals to lines 13 -15 43e 44 1 549,3351 3 6 2, 0 6 7 13 3, 3 01 53,967 Reporting of Joint Costs. — Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraising solicitation? ............................................ ► Yes ® No If 'Yes,' enter 0i the aggregate amount of these joint costs S ; (i j the amount allocated to Program services S ; (iii) the amount allocated to Management and general $ ; and (iv) the amount allocated to Fundraising S [Part.: UUI Statement of Program Service Accomplishments (See Specific Instructions on page 18.) What is the organization's primary exempt purpose? ► TO PROMOTE THE FINE ARTS Program service Al organizations must desumbe their exempt purpose achievements in a clear and concise manner. State the number of clients served, Expenses (Reouaed for 501(e)(3) publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947(a)(1) nonexempt and (4) ot9s-. and charitable trusts must also enter the amount of Grants and allocations to others.) 4947(a)(1) buss: but oobonal for others.) a TH7_ ORGANIZATION SPONSORS AND OPERATES VARIOUS COM14UNITY ART RELATED EXTENTS, CONDUCTS ART CLASSES AND PROVIDES SCHO"Y-._2 (Grants and allocations S ) 362,067 Grants and allocations S (Grants and allocations S (Grants and allocations $ e Other program services (attach schedule) (Grants and allocations S ) f Total of Program Service Expenses (should equal line 44, column (B), Program services) .......... No. 362, 067 STF FE01923F 2 Balance Sheets (See Specific instructions on page 18.) Note: Where required, attached schedules and amounts within the descnpdon co)UMIT should be for end -of -year amounts a*. (A) BegffvuN of year (6) End of yew 45 Cash — non -interest -bearing ................................. 46 Savings and temporary cash investments ....................... 27 8 , 753 145 19, 60/_� ' 2 4 5, 0 16146 1 371,179 47a Accounts receivable .................. 47a b Less: allowance for doubtful accounts ..... 47b 2,758 47c 48a Pledges receivable ................... 48 b Less: allowance for doubtful accounts ..... 148b I 48c 49 49 Grants receivable ......................................... 50 Receivables from officers, directors, trustees, and key employees (attach schedule) .......................................... so 51a Other notes and loans receivable (attach schedule) .......................... 51a b Less: allowance for doubtful accounts ..... 151b I 52 Inventories for sale or use ................................... 53 Prepaid expenses and deferred charges ........................ 51c 52 53 54 54 Investments securities (attach schedule) ...................... 55a Investments land, buildings, and X: ... equipment basis ..................... 55a ... b Less: accumulated depreciation (attach schedule) .......................... 55b 55c 56 251,048 56 Investments — other (attach schedule) ......................... 57a Land, buildings, and equipment basis..... 57a 366,697 b Less: accumulated depreciation (attach schedule) .......................... 157b 1 137,907 137,676 57c 228Z790 58 Other assets (describe jo. 58 59 Total assets (add lines 45 throuch 58) (must eaual line 74) ......... 1 664,203 59 870,619 60 Accounts payable and accrued expenses ........................ 2,474 60 61 61 Grants payable ............................. 62 Deferred revenue ............................ 62 '(no 63 Loans from officers, directors, trustees, and key employees (attach schedule) ................................................ 63 -Q M 64a Tax-exempt bond liabilities (attach schedule) ..................... b Mortgages and other notes payable (attach schedule) .............. 64a 64b 65 Other liabilities (describe jo. 165 _166 Total liabilities (add lines 60 throuah 65) ....................... 2,474 66 Organizations that follow SFAS 117, check here jo. and complete lines 5 co M al 67 through 69 and lines 73 and 74. 67 Unrestricted .............................................. 68 Temporarily restricted ....................................... 69 Permanently restricted ............ ......................... 278,523 67 330,613 383r206 68 540,006 L9_ LL 0 u) < Organizations that do not follow SFAS 17, check here Im. and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds .................... 71 Paid -in or capital surplus, or land, building, and equipment fund ...... 72 Retained earnings, endowment, accumulated income, or other funds 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 71 72 Z 70 through 72; column (A) must equal line 19 and column (B) must equal line 21) ............................................ 661,729 73 870,619 174 Total liabilities and net assets / fund balances (add lines 66 and 73) 664,203 74 870,619 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part 111, the organization's programs and accomplishments. STF F-Em =F 3 3 6 _;J S Add amounts on lines (1) through (4)► b e Line a minus line b ............ ► c d Amounts included on line 12, Form 990 but not on line a: (1) Investment expenses not included on line 6b, Form 990 ..... $ (2) Other (specify): Financial Statements with Expenses per Return a Total expenses and losses per i 3 audited financial statements .... ► a 252, 4 2 3 b Amounts included on line a but not on line 17, Form 990: (1) Donated services and use of facilities $ (2) Prior year adjustments reported on line 20, Form 990 ....... $ (3) Losses reported on line 20, Form 990 S (4) Other (specify): 461, 313 c <' d PROG. EXP. NETTED AGAINS PROG. SER. NETTED AGAINS '< FROG. REV. S 296,912 PROG. REV. $ 296,912 Add amounts on lines (1) and (2) . ► d 296, 912 Add amounts on lines (1) and (2) ► d 2 9 6 , 912 e Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 (line c plus line d) ............ ► e 758, 2 2 5 (line c plus line d) ............ ► e 549,335 Pa;Ct V < List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated; see Specific Instructions on oaae 20.) (A) Name and address (8) Title and average hours per week devoted to position (C) Compensation (If not paid, enter -0-.) (D) Contntwoons to empwy" benefit plans 3 deren como"sanw (E) Expense account and other allowances SEE 5"- E�,E T 6 _1 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? .................... ► Yes ® No If "Yes," attach schedule — see Specific Instructions on page 20. STF FEDt923F A 1` � #uarbyt I Other Information (See Specific Instructions on page 21.) 76 Did the organization engage in any activity not prevwusfy reported to the IRS? If yes.* attach a detailed desaiptim of each actnnty .. 77 Were any changes made in the organizing or governing documents but not reported to the IRS? ....... _ ... 76 I 77 I Yes No I X X 782 b 79 80a If 'Yes,' attach a conformed copy of the changes. Did the organization have unrelated business gross income cf $1,000 or more during the year cove Ed by this return? ........... If 'Yes,' has it filed a tax return on Form 990-T for this year? ...................................... Was there a liquidation. dissolution, termination, or substantial contraction during the year? If 'Yes.* attach a statement .......... Is the organization related (other than by association with a statewide or nationwide organization) through convnon membership, governing bodes. trustees, officers, etc., to any other exempt or nonexempt organization? ............ . ............... 78a 78b 79 I 802 X N A X X b If "Yes,' enter the name of the organization ► and check whether it is ❑ exempt OR ❑ nonexempt 81a Enter the amount of political expenditures, direct or indirect, as described in the instructions for line 81.............................................. 81a b 822 Did the organization file Form 1120-POL for this year'? .......................................... Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? .................................................... 81b 82a X X X b 83a b 84a b 85 b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part Il. (See instructions for reporting in Part 111.) ....................... 821p I N / A Did the organization comply with the public inspection requirements for retums and exemption applications? .. Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ........ Did the organization solicit any contributions or gifts that were not tax deductible? ...................... If 'Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible. ............................... ............................... 501(c)(4), (5), or (6) organizations. — a Were substantially all dues nondeductible by members? ........... Did the organization make only in-house lobbying expenditures of S2,000 or less? ...................... If 'Yes' was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization 83a 83b 84a 84b 85a 85b X N A N A N A N A received a waiver for proxy tax owed for the prior year. c d Dues, assessments, and similar amounts from members .................... 85c N/A Section 162(e) lobbying and political expenditures ......................... 85d e f Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ......... 85e Taxable amount of lobbying and political expenditures (line 85d less 85e)........ 85 f g h Does the organization elect to pay the section 6033(e) tax on the amount in 85f? ....................... If section 6033(e)(1)(A) dues notices were sent does the organization agree to add the amount in 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .......................... 859 85h N A N A 86 501(c)(7) organizations. — Enter. a Initiation fees and capital contributions included on line 12................................................. 863N/A ...,,..... b Gross receipts, included on fine 12, for public use of club facilities ............. 86b i 87 501(c)(12) organizations. — Enter. a Gross income from members or shareholders 87a b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ...................... 87b 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership? If 'Yes," complete Part IX ....................................................... 88 X 89a 501(c)(3) organizations. — Enter. Amount of tax imposed during the year under. section 4911 ► ; section 4912 ► ; section 4955 ► b 501(c)(3) and :;01(c)(4) organizations. — Did the organization engac -in any section 4958 excess benefit transaction during the year? If "Yes,* attach a statement explaining each transaction .................... 89b X c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958......................................................... ► d Enter: Amount of tax in 89c, above, reimbursed by the organization ............................. ► 90a b 91 List the states with which a copy of this return is filed ► Number of employees employed in the pay period that includes March 12, 1997 (See instructions.) ......... 190bi The books are in care of► GAIL RICHARDS Telephone no. ► 60-564— Located at► p • 0 • BOX 777 LA QUINTA, CA. ZIP + 4 ► 92253 ► ❑ N/A 92 Section 4947(a)(1) nonexempt charitable trusts Ong Form 990 in lieu of Form 1041— Check here ................. and enter the amount of tax-exempt interest received or accrued during the tax year ......... ► 192 I 57'r F'cD1923F.5 6 75, Wart>VII::: l Analysis of Income-Proaucina AGavaucf- Enter gross amounts unless otherwise indicated 93 Program service revenue: a SPRING b ART S T ZAG E c UM_BR=LL.A_ SrOwS U"retaated busuw= irlcorrro F�sludee by section 512. 512. or 514 (E) Rotated or exemptflulcaorl (A) Business code (B) Amount (C) Excluston code ro) Amount 1 472,-~` 4 9, S ` 1 I 3, 380 d e f Medicare/Medicaid payments ........ _ .. g Fees and contracts from government agencies ..... 94 Membership dues and assessments ...... 95 Interest on savings and ten;xxwy cash investments . 96 Dividends and interest from securities ..... 97 Net rental income or (loss) from real estate. a debt -financed property ................. b not debt -financed property .............. 98 Net rental income or (loss) from personal property ... 99 Other investment income .............. . 100 Gain or (loss) from sales of assets other than inventory 101 Net income or (loss) from special events ... 102 Gross profit or (loss) from sales of inventory 103 Other revenue: a b c d e 104 Subtotal (add columns (B), (D), and (E)) . I I i 1 1 1 141 842 19,061 15 10 9 5995 — 8 , 3 3 2 -8 , 332 = 711 077 105 Total (add line 104, columns (8), (0), and (E))..................................... ► 7 02, 7 4 5 Note: (Line 105 plus line Id, Part 1, should equal the amount on line 12, Pan: Q PalVtll> Relationship of Activities to the Accomplishment of Exempt Purposes (Set: Specific Instructions on page 26.) line No. I Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the ♦ organization's exempt purposes (other than by providing funds for such purposes). a Pan IX : Information Regarding Taxable Subsidiaries (Complete this Part if the "Yes" box on line 88 is checked.) Name, aadress, and employer identification I Percentage of Nature of Total End -of -year number of corporation or partnership I ownership interest I %I business activities income assets N;A I % Please Uncer penalties of perjury, I declare that I have examined this return, including accomparrying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. (See Sign General Instruction U, on page 10.) Here Signature of officer Date Type or prim name and title. Paid ��� Preparers' �� Date 112/12/98 Check if self- Prepmer's SSN 1059-36-6534 sig"'t°f° ( employed►❑ Preparer's Use Only Firm'sname(a' ' ROBERT TESTA AN ACCOUNTANCY CORP EIN ► 95-3685438 yours if ell -employed) and address 4 S _ 7 01 MONROE S TE . D IND I O CA ZJP - 4 No. 92201 STF ;:EM 923F. d 1999/2000 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and among the CITY OF LA QUINTA (the "City") a California municipal corporation, and the LA QUINTA ARTS FOUNDATION (the "Contractor"). WHEREAS, the City Council of the City finds that the Contractor provides an essential service to stimulate economic vitality and promote the general growth and revitalization of the City by its performance under this Agreement. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services: In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion and implementation of: (A) Four -day fine arts festival in March 2000 and (B) A week-long Impressionaire plein air arts show in January 2000. as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past festivals undertaken by Contractor. 1.2 Contractor's Proposal: The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law: All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or -local governmental agency of competent jurisdiction. 1.4 Licenses. Permits. Fees and Assessments: Contractor shall obtain at its sole cost and expense such licenses, permits and approves as may be required by law for the obligation to pay for any fees, assessments and taxes, plus ap acable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work: By executing this Agreement, Contractor warrants that (a) they have thoroughly investigated and considered the work to be performed; (b) they have investigated the site of the work and fully acquainted itself with the conditions there existing; (c) they have carefully considered how the work should be performed and (d) they fully understand the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum: For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of Seventy-five thousand ($75,000), the Contract Sum. Payments shall be made upon receipt of invoice in accordance with the following schedule: September 1, 1998 $37,500 February 1, 1999 $37,500 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence: Time is of the essence in the performance of this Agreement 3.2 Schedule of Performance: All services rendered pursuant to this Agreement shall be performed diligently and within the time period established n the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure: The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A) for the performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and extend of delay and ,xtend the time for performing the services for the period of the forced i.:_-lay when and if in his judgment such delay is justified and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term: Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 2 s^ 4.0 - COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Susan Francis, Executive Director b. Kay Wolff, President c. Theresa Maggio, Festival Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer: The Contract Officer shall be Tom Genovese or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment: The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the city to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder, other than in the ordinary course of its business and as required to discharge Contractor's obligations under this Agreement, without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor: Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 3 GQ 4.5 City Cooperation: The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring a timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance: The Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be of the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the festival events. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to the minor outdoor event permits. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification: The contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury to or death of person(s) for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extend of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Performance Bond: (Not applicable o this Agreement.) 5.4 Pavment Bond: (Not applicable to this Agreement.) 4 5.5 Remedies: In addition to any other remedies the City may have if contractor fails to provide or maintain any insurance policies or policy endorsements to the extend and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extend to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports: Contractor shall provide a program report if requested by the Agency at any time during the period of September 1, 1999 to February 15, 2000. A final report, including an accounting of expenditures, shall be provided on or about June 15, 2000. 6.2 Records: Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law- This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior court of the county of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such action. 5 J I' . -1 7.2 Disputes: In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, provided that if the default is an immediate danger to the health, safety and general welfare, the city may take such immediate action as the city deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds: City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of contractor in the performance of the services required by this Agreement. By this provision Contractor does not waive any rights it otherwise might have to pursue recovery of such funds so withheld as provided in Section 7.6. 7.4 Waiver: No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative: Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action: In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default to recover damages for any default, to compel specific performanc.. of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages: (Not applicable to this Agreement) 0 7.8 Termination Prior to Expiration of Term: This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days written notice to City. In the event of termination by Contractor prior to either event, City shall be refunded any unexpended funds advanced to Contractor. 7.9 Attornevs' Fees: If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of Citv Officers and Employees: No officer or employee of the City shall be personally liable to the contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest: No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination: Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative act in to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 7 } 73 9.0 - MISCELLANEOUS PROVISIONS 9.1 Notice: Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of marling if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA Post Office Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Tom Genovese, City Manager To Contractor: LA QUINTA ARTS FOUNDATION Post Office Box 777 78-080 Avenida La Fonda La Quinta, CA 92253 Attention: Susan Francis, Executive Director 9.2 Integrated Agreement: This Agreement contains aIl of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment: This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability: In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so execut' lg this Agreement the parties hereto are formally bound to the provisions of this Agreement. 8 ,-, 7 4 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE Promote and implement the following: A. A four -day outdoor fine arts festival to be called La Quinta Arts Festival to be held March, 2000 at the Frances Hack Village Park in La Quinta. B. A week long art painting event to be called Impressionaire Plein Air Painting to be held January 2000 at prime locations throughout the Valley, predominantly in La Quinta. Marketing services for all above to include an extensive marketing program wherein the name "City of La Quinta" will be prominently displayed as a Premier Sponsor at all times. Said coverage to include but not be limited to, newspapers, magazines, radio and television advertising, as well as billboards, a fine art poster and a high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. Services will also include site preparation and restoration encompassing fencing, lighting, importation of on -site amenities, security and preparation of parking areas. 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below: CITY OF LA QUINTA "CITY" a California municipal corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: LA QUz S FOUND N "CONTRACTOR" By: �/�Dated: an Francis Executive Director 10 7P La Quinta Arts Festival 2000 ART FESTIVAL MARKETING MARCH 16 - 17- 18 - 19TH 2O00 PROPOSED MONEY ALLOTMENT .:v :.�:v-�:. ..�yr' + -r�...Y.i.-.^-i�Jl Y:.t . . • •.-.• •JJ:NYS :::::::::::::::::::::.::::::::::...._ ::=:=:::::::::=....::::::::- DE CRI PTI OI+I ... ��::: � :::.'::_.:.:::: � :: _..:.'..:_.;:: ;.;_;_:.:-AlyO��T MARKETING PAYROLL S16,500 BANNERS ......................................................................................................•---.............................................................................,.......................................................... $2,500 BOB HOPE CLASSIC PROGRAM AD $11500 DATE FESTIVAL PROGRAM AD ................................................................................................................................................................................................................................................. $150 FESTIVAL PROGRAMS ..........-•..................................................................................................................................................................................................................-...._........... $23,000 GRAPHIC DESIGNS FOR ADS ........................................................................................................................................................................................................_.............................._....... $2,500 MAGAZINE ADS S15,000 METRO THEATER AD $400 MISC. MARKETING ITEMS $2,500 NEWS PAPER ADS ..............................................................................................................................................................................................................................-.......-...... $12,000 PALM SPRINGS LIFE ...................................................................................................................................................i......................................S3,500 $4,700 RACKCARDS ........................................................................................................................................................................................................................................... RADIO ADS ..................................................................................................................................................................................... $7,500 ..................................... .. TENNIS PROGRAM AD $1,800 TV ADS ...................................... ........................................................................................................................................... $8,000 ......................................$.................. WEB PAGE a ..............................................................................•--.--...................................................................................................,........................................................... � 1 500 , .................................................................................................................................................................................................................................................. LA QUINTA FESTIVAL POSTERS $7,000 .................................................................................................................................................................................................................................................. LA QUINTA FESTIVAL T SHIRTS $7,000 LA QUINTA MISC RESALE ITEMS $4,500 .................................-$18, ADDITIONAL MARKETING ITEMS------------------------------------------------ I500. Total Marketing S107 '03 77 2000 PLEIN AIR FESTIVAL MARKETING -r.{ - .i �'^ ..- :.L ' ......... ........... �...... ;'�• _ ��. N �_ . :�T�O _ -.�.�.�. y�.r _ _ -r.� �....SR - _ -. -- -- •7t� PLEIN AIR MARKETING PAYROLL GRAPHIC DESIGNS FOR ADS $9,00O $3,000 INTERNET $500 MAGAZINE ADS [PALM SPRINGS LIFE & SOUTHWEST ART] $6,200 ------------------------------------------------ -------------- -------------------------------------------- ------------------------ MISC. MARKETING --ITEMS $1,500 --------------------------------------------------------------------------------------------------------------------------------- NEWSPAPER ADS $4,000 ----------------------------------------- -----------------------------------------------------------------------------------------� PHOTOGRAPHY $700 ----------------------------------------------------------------------------------------------------------------------------------- PORTABLE BILLBOARDS $450 ----------------------------------------------------------------------------------------------------------------------------------- PRINTING $3,000 PROCESSING -COSTS FOR ADS -------------------------------------------------------------------------------------------------------------------------------- $3,500 POSTERS/RACK-CARDS ------------------------------------------------------------------------------------------------------ $3,000 ------------------------- RADIO ADS $3,500 TEE SHIR i --------------------------------------------------------------------------------------------------------------------------------- $2,500 TV ADS -------------------------------------------------------------------------------------------------------- $7,500 ------------------------- Total- • so 7F Survey of Businesses Affected by the March, 1997 La Quinta Arts Festival These businesses reported the following impact Sandbar up 40%, also catered for Festival activities Schatzi's up 80% Mario's some walk-ins Beachside business very good, combination of Festival & Tennis Cunard's no impact Cliffhouse biggest weekend ever combination of Festival & Tennis Sesame up 40% El Ranchito up 20% Taqueria up, unable to estimate percentage Soul of Asia up 20% Adobe Grill up 15% Montanas up 7% Anchovie's up 5-10% Ace Hardware some increase in sales Circle K some increase, soft drinks, snacks, etc. Gas station little impact Labor $7,400 grounds people, (all local) Food services $10,150 in wages to local employees, lodging and food, purchases of food from local merchants, etc. Marketing/Printing $44,200 paid out locally Musicians $6,550 to Valley musicians Lighting, fencing, signage, tenting, etc. $41,360 Performer lodging $250 Parking 25 employees from the Valley paid $3,000 in salaries Attendance: 16,843 paid. (Marketing sample of 275 visitors) 46% from out of town, 35% part time desert dwellers. Local participants: About 300 volunteers, Rotary, La Quinta High School Band, various art and photo students and Interact Club students (childcare), 350 4th graders toured on Thursday. Total revenues generated across the Valley for Festival production: $163,000 Total revenues generated at the Festival: $1,118,072 (to date) Total artists' sales (to date) $910,614 with potential sales tax of $9,100 Chamber of Commerce: The Chamber starts getting calls in November and especially after New Years from people all over the country who plan their vacations around the Festival. The Chamber sends information packets to many of these people so they get information about the City and the businesses. Many people walk in and ask for information about the Festival or request rack cards. "If I had a dime for each question about the Festival, I would be rich," states Karen Levish, Chamber representative. KW4130197 2,05 70 - SURVEY OF BUSINESSES AFFECTED BY THE MARCH 1998 LA QUINTA ARTS FESTIVAL These businesses reported the following impact: Sandbar up 41% for Friday, Saturday and Sunday Schatzi's up 60% Cliffhouse up 10% over last year, "numbers were really good!" Sesame up 45% El Ranchito up 30% Taqueria up 8% Soul of Asia up 20% Adobe Grill up 22% Montanas up 15% Anchovies up about 17%, she also donated pizzas for Festival volunteers Teddy's up 70% "Can you guys do this every month?" Ace Hardware up 10% walk in (LQAF does a lot of business with Ace in preparation of Festival Gas Station Lot's of cars, but more people buying softdrinks than gas Liquor store up on beer and softdrinks, thought it was mainly artists Labor $8,266 paid to grounds people, (all local) Marketing/printing $55,556.00 Musicians Local, $8,200 Rentals, electric... $76,061 (lighting, bathrooms, fencing...) Performer Lodging $655.00 Attendance: 22,000...244 people surveyed, 43% from out of town, 39% year round locals, 18% with secondary residences here. Local participants: 350 volunteers, la Quinta Rotary, La Quinta High School Band, 225 4th grade students Total revenues: $506,908 Total artist sales: $1,238,917 U01 SURVEY OF BUSINESSES IMPACTED BY 1999 LA QUINTA ARTS FESTIVAL These businesses reported the following impact: Cliffhouse Up 5-6% over last year, this time El Ranchito Up 23% Taqueria Up 40% "It was really good" Soul of China Up 10% . Adobe Grill Up 25% Montanas Up 15% Morgans Up 25% T-bo's Up 25% La Quinta Grill We had been booked two weeks out Beer Hunter Up 20% Pizza Hut Up 35-40% over the year before Anchovies Up 20% Teddy's Up 75% Ace Hardware Up 30% March is always good for us because the Foundation makes a lot of purchases, a lot more artists and attendees purchased this year, it was a great year for the Festival and for us La Quinta Liquor Store Up 10% Beachside Cafe Up 20% over Festival last year Local Labor $19,800 Performer Lodging $1,150 Local Performers $9,500 Local Vendors/Suppliers $31,549.93 Attendance: 22,752...495 people surveyed 223 were locals, the remainder from out of town. Of the locals, 152 live here permanently, 71 have secondary residences here. Hotels people listed staying at were La Quinta Resort, Marriott's Desert Springs and Villas, Ritz Carlton, Ramada Inn, Hilton, Travel Lodge, Plaza Spa Presidential Inn, Desert Princess, Desert Shadow, Desert Falls, Emerald Resort and the Hyatt. Local participants: 350 volunteers, 250 students toured grounds, 600 kids in children's interactive art center, La Quinta Rotary, La Quinta High School Attendees were from: Los Angeles, Highland, San Diego, Orange County, Laguna Beach, Dana Point, Arizona, Washington, Baltimore, Seattle, Ohio, Illinois, Colorado, Tel: is, Oregon, Stockton, Uk.ah, Vancouver, New York, Boston, Santa Rosa, Wyoming, San Diego, Savannah, Australia, Canada, France. Total revenues not including art sales: $490,185.00 Total artist sales: $1,500,000.00 a• LA QUINTA ARTS FOUNDATION SPONSORSHIP/ GRANT PROCUREMENT PROGRAMS Lo Quinto Arts Foundation is currently in the process of developing a full scale program geared toward procurement of sponsorships and grants. We have a full time Marketing/Development Director on staff who is actively soliciting new sponsorships for our festivals and events, as well as nurturing our relationships with sponsors. One of our sponsors for the 1999 Lo Quinta Arts Festival was CL Enterprises / Geyser Peak Winery, who was very impressed with our operations and have formally requested to be considered as a sponsor for the 2000 Festival, La Quinto Arts Festival 2000 proposed sponsorship levels are as follows: Premier Sponsor: City of La Quinta $55,000 Entertainment Sponsor $20,000 Stage Sponsor $10,000 Wine Garden Sponsor $10,000 Artist Party Sponsor $ 8,000 Beer Garden Sponsor $ 5,000 Friends Garden Sponsor $ 4,000 Children's Art Activity Sponsor $ 3,000 Hospitality Tent Sponsor $ 2,000 Proposed sponsorship categories offer sponsor's name in print advertising materials, electronic advertising, and on -site signage, relative to their level of sponsorship. Staff members are currently. scheduling and participating in grant research and proposal writing workshops; a grant coordinator on staff will be designated to oversee this program. Past grants to the Foundation have been awc ded by the Auen-Berger Foundation, Target Stores, National Endowment for the Arts, Viva Foundation and Luella Morey Murphy Foundation. A shortage of personnel during the last couple of years have prohibited the Foundation from escalating our grant seeking efforts, but this is a top priority for us in 1999/2000. - LA QUINTA ARTS FOUNDATION EVENT SUMMARIES (A) LA QUINTA ARTS FESTIVAL La Quinta Arts Foundation's premier event! This nationally acclaimed four -day outdoor fine arts show features the work over 250 juried artists set against the majestic La Quinta mountains. La Quinta Arts Festival was named the third best fine arts festival in the nation by Sunshine Artists Magazine in 1998. La Quinta Arts Festival is ideal for viewing and enjoying the finest offerings of some of the world's preeminent artists. The 2000 La Quinta Arts Festival will celebrate its 18th anniversary March 2000 and will include the following: • Artist booths convening painting, sculpture, ceramics, jewelry, photography and other design categories • Live entertainment will be provided all four days, highlighted by Mery Griffin, our Lifetime Honorary Festival Chairman, performing with special guest stars. • Children's Art Area will feature interactive art projects to be enjoyed by children and their parents • Wine & Beer Gardens • Food and beverage concession areas offering a wide variety of menu items (B) IMPRESSIONA/RE PLEIN AIR PAINTING FESTIVAL Plein Air Painting is a form of art (French for open air), a term applied to the practice of painting out -doors so that nature is confronted directly with the intent to capture the moment, a feeling--4he air. Most Plein Air painters complete their work on -site in one setting. Acrylics, oils and water colors are the media most often used. LQAF's inaugural plein air event was held January 25-31, 1999 and was very successful. The second annual Impressionaire event is scheduled January 2000 and will include the following activities: • The event will begin with a reception for the invited artists (30-40); a special kick- off event will be associated with the reception. • During the next few days, each artist will paint works on various sites in the area. Artists will use access permits to be able to paint scenes viewed from within some of the gated communities. • During the some week some of the artists will be guest speakers ci instructors at special educational programs hosted by the Arts Foundation for La Quinta area adults and students. • Special evening exhibitions celebrating the achievements of the invited artists during the past day will be held and an awards ceremony for the artists with our invited guests is planned. • Invited guests of each event will browse the exhibition and may make acquisitions of the artwork just completed. • Culminating the week, the art remaining unsold will be available for public viewing and sale in our Arts Under the Umbrellas format. ia��- RESORT & CLUB April 15, 1999 Mr. John Pena Mayor City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Mr. Pena, RECr1%/ D APR 26 an,, 56 CITY CLERK Just a short letter to sollicit your assistance. You are most likely familiar with La Quinta Resort and Club's annual Mariachi Festival, which will be held the upcoming Labor Day Weekend for the 9' time. The event benefits various charity organizations throughout the Coachella Valley, and we think this to be an event that has the possibility to grow. We envision a citywide event, which would be celebrated by all businesses, schools, etc. throughout La Quinta for several days. Over the past several years we have grown the event tremendously through the help of sponsors, and the addition of a second day. Currently we feel that this event can only grow further by involvement of the City of La Quinta. What would you suggest we do? What level of involvement would the City be interested in, and would we be able to make this a sizable Southern California event? Your feedback will be greatly appreciated. You may call me at 564-5753. Sincerely, Robert R. Cohn Director of Food and Beverage 49-499 Lisenhower Drive. Post Office Box 69. la Quinta, California, 92253.7W 619.iES4Al I I, l:r.r F19.SEi4.i65ti 21 t: 1M• a mow-#to�a mc9a.c44*ijK i�.arrl .� 9aeclss� Rev. Donald Williamson Chainnan Jim Larson We Chair Beverty Sfingi Secretary Lester Peterson Treasurer Maureen BasharrLL Col., USMC Caroline Berkey Richard Bruner Carman Hamey Ambie Henderson Patty Newman Hang Orme, M.D. Walt' Turner Dr. Emily Williams £t-OR&& or"VAosa J: Daniel Connor, CEO Blood Systems, Inc. Mac Lindsey, Pres/CEO,CBBC Mike Rembis £r.rcrttaa r 44,d 9X.e1r6are Jackie Autry Peter ButAdas AI Conti Jim O'Brien Lowell Vander and 911!44=1 V esectos Mildred Ramos, M.D. yyril i 1 Chi I,UI bL6PuNutNC,C ITEM: ' nod 64IN4 &N&Z -.E!`1ED April 12, 1999 Mayor Pena & Council Members City of La Quinta c/o Dodie Horvitz Box 1504 La Quinta, CA 92253 Dear Mayor & Council Members: . j P?R 16 M 12 09 CIT" '7Y CRK The Community Blood Bank is a local, 27-year old, non-profit organization dedicated to providing blood products and services to all the healthcare facilities and transfusion services throughout the greater Coachella Valley. We are the only provider of these blood products and services for the people of La Quinta. Our mission is to provide a reliable, safe and consistent supply of volunteer blood components to the patients of our communities at the most reasonable fees possible. Our principal revenues are derived from reimbursement from area hospitals, Cancer Centers and home healthcare agencies for the blood and blood products we provide. However, our revenues do not cover additional costs of our bloodmobile coach so necessary to keep up with the ever-growing need for volunteer blood donors. We were able to pay for the coach ($125,000) with donations from individuals, businesses and valley cities. The Development & Funding Committee of the Board is working hard to maintain our state-of-the-art bloodmobile coach (at an annual cost of $25,000 to $30,000) with donations from the communities we serve.. We respectfully request the financial assistance of your city in the annual costs of the coach, which travels throughout the valley to reach potential blood donors in order to have the much needed supply of blood. A $5,000 donation from the City of La Quinta wold_be greatly appreciated and acknowledged with a 3'x5' donor sign on the side of the coach for one month or more (see photo attached). Thousands of people would see the sign as the coach travels throughout the Coachella Valley. If the Council would like more information abut this program or about the Blood Bank, we would be happy to attend one of your meetings in person. R ctfully submitted: e Patty Newman Board of Directors Development & Funding Committee PN:elc 3wx 3ed -w num. ;P—r& 7JYta". e.4 9YP717 �4Ke: 760-773-4790 57ss: 760-773-4788 *1 d Site: vwvw.cbbc-blood.org 7:Z - THE C- )`Y-\--�, 1'-1 L IVID:4-V r S E R T 47-900 PORTOLA AVENUE PALM DESERT, CA 92260 April 14, 1999 ` (760) 346-5694 FAX (760) 568-9685 Citv of La Quinta Attn Saundra Juhola BOARD OF TRUSTEES Dennis Godecke' PO Box 1504 President R.Laurence Spicer* La Quinta, CA 92253-1504 Vice President Planning Leonard C. Hoeft* Dear Ms. Juhola, Vice President - Development Mrs. William G. Mitsch,Jr.' Vice President The 30"' Anniversary of The Living Desert is almost upon us, bringing not only a new Special Events E. Eugene Yeager' century, but a new vision of environmental and conservation issues --- including those in Vice President Finance our own desert community. W. Curt Ealy Legal Counsel Mrs. Lawrence A. Cone With this vision in mind, we recognized the need to enhance our Business and Corporate Secretary Mrs. Dorothy L. Weber' Membership Program by offering a more diverse and tailored I hope you'll Lake a Treasurer Karen Sausman program. moment to look through the enclosed materials, which describes not only our new Executive Director Assistant Secretary membership program, but also many of our new projects and programs. Our newest addition to the preserve, Village WaTuTu, opened to the public April 2. In Mrs. Carlton Beal Harold Broderick many ways, it is the cumulation of an incredibly exciting year for all of us at The Living Charles L. Callander Desert. Wayne Connor Buford Crites John L. Farley, Jr.* Mrs. Barbara Filiatreaux We saw the expansion of our marketing and public relations department, record breaking Robert Flint numbers in general admissions and memberships, round breaking for our new Veterinary g P ' g g James E. Frank Scott Haug Clinic & Research Center, unparalleled- endangered species births, expansion of visitor Mrs. H. Earl Hoover Mrs. Roy Hudson services, breakthrough work in our Species Survival Program, record attendance for our Mrs. Sis Jackson community outreach events, explosive group sales, major breakthroughs in out botanical Mrs. Mary Jane Jenkins' Mrs. Ruth Kramer cultivation's ---- and our 3 millionth Visitor! Mrs. Jackie MacKay Mrs. Susan McCormick Mrs. Marjorie S. Merin In addition - beginning this summer, The Living Desert is open year round! Mrs. Tisha Shaski Sherman A. Smith* Mrs. George B. Storer If we want to pass on a healthy environment to future generations, then we need to embrace William Tennity Mrs. Frederick G. Wacker, Jr. the idea that our actions matter, that the decisions we make — large and small—revCi b,:i-.iLe Doug Walker Lowell Weeks throughout the "wel of life" and endure through time. Mrs. Peggy Fouke Wortz What can you do? We encourage you to renew your Business or Corporate Membership, HONORARY BOARD but first — we ask you to come take a walk, or ride through The Living Desert' When was President Gerald R. Ford Mrs. Betty Ford the last time you took a walk around? We have grown! Mrs. Ruth Applegarth Mrs. Helen Dengler Bob Hope In these busy times, we understand that "a day at the park" is a luxury. A fantasLic Nvav Lip Mrs. Dolores Hope John Outcault spend a day with your friends, family or colleagues, is to visit The Living Desert. Not only Stanley A. Rosin will you have lots of fun, but you'll also learn a lot about the desert's diverse wildlife and Donald A. Stevning Lloyd P. Tevis, Jr. natural habitats -- and how they effect the world around us. ' Executve Committee 8r How to do it? I will be more than happy to schedule a guided tour to suit your schedule. When planning you visit, points to keep in mind are: - Plan the timing of your visit, early morning and evening are the best viewing times for animals (feeding time!). - Make sure you wear comfortable shoes and clothing, because your expericn, c .i: will be most enjoyable if you are comfortably dressed - A guided tour takes about an hour by tram, if you plan on exploring on your ,awn attcr ,nt, tour, plan around 2-3 hours. - If you have infants or toddlers — please let me know. I can arrange a stroller. For Lod illors it's often helpful to read a book or two with them before coming. Our Education Department provides guided tours for over 25,000 local school children a year — I'll be more than happy to send you age -specific literature before your visit - If you have special handicapped needs please let me know. Our trails and walkways arc geared to all levels of accessibility - Don't forget your camera. You will be amazed at what you see! With the broad expanse of the Santa Rosa Mountains as a backdrop, The Living Desert is not only one of the top Zoological & Botanical Gardens in the country, it is amongst the most beautiful. Nestled on I200 acres at the foot of the Santa Rosa Mountains, our preserve brings you eye to eye with the magnificence of the mountain lion, the solitude of the saguaro and the mystery of our deserts. The Living Desert enjoys an exceptional reputation for our interpretive exhibits, community events, animal care, educational programs and wildlife conservation. Our Business and Corporate Members receive unprecedented recognition with one oFthe top attractions it the Coachella Valley, creating partnershfps with an internationally recognized organization. Comeback and see us! ,+,/ .�. Kimberly Durk, Corporate Development/Grants -u'sness orporate Membership Programs AS THE LI VING DESERT APPROACHES ANEW CENTURY, we do so .vitb rr,rrnrwed srnse of what we are and what we can do to enhance people's relationship with our dtsrrt:eeosystems..; . Since The LivingDesert opened to the public in t o more than m'11' 'visitors bave come to marvel at the abundant P P 97 3 diversity of wildlife and botanical gardens in this unique ratting. In 1970, wbin the park began operation, we bad no animals and only one small garden. Today there are over 40o animals represrnting;136species, 36 exhibitiongardens and extensive hiking trails. Where there as once one small building, there now stands an t,800 acre educational and conservation oasis. The Living Desert has evolved and grown into an internationally recognized organization that stands as an integral and spirited part of the community. An investment in The Living Desert is an investment in our desert communities. ,A premiere attraction in the Coachella Valley, the park drew nearly 25o,000 visitors last year and has seen record breaking attendance in 1999. As well as playing a major role in the Valley's economy, The Living Desert has become a tradition with residents and tourists alike who attend our Community Outreach Events as well as supporting our many membership and educational programs. Nearly 25,000 school children visited our facility last year, and nearly 2,000 injured animals were brought in -by community members. The same vision of The Living Desert's unlimited potential that was seen first through the eyes of its four °ers, is shared today by those who believe in the future of our desert environment. The beauty of the park and the many, achievements that have been cel- ebrated here, have been made possible because^ farsighted individuals and corporations have made a commitment to our environmental education and conservation programs. We cannot achieve our goals or make our programs accessible to everyone without the - .• N commitment of the entire cormmunityr 6Zevelal ui- o/r eaod am nat oaoa to aka as eaeldeaae. C�ir,� iaaitle �,en�r�ir�rc to ea arc GW�taire�cve nucatac- Tfu Livi-�r, Di,tii uT-PU \I hc�cuT/l�ni�� �1'ri.i.� C3 Q ene its of Business or Corporate Membership Business name & logo prominently displayed at The Living Desert Recognition as a concerned community member, actively involved in desert education and conservation.." Recognition in The Living Desert Annual Report it Sot (c)(3) tax deduction benefits y Business or Corporate Membership card Complimentaryguest passes Subscription to Foxpaws, the semimonthly newsletter of The Living Desert is i o% discount in the Tortoise Shelf Giftshop and Palo Vtrde Garden Center is Priority notification and discounts on programs and special events is Invitations to "Members Only" events is Invitation to participate in the annual Howl-O-Kirn event . Invitation to the our annual Corporate Party is Recognition in Fospaws, our Menibtrship newsletter +: Free or reduced admission to participating zoos, aquariums and gardens in the United States. :" Travel and volunteer opportunities. is is is usiness Membership Program 93u6t),� Ya,,,� xe50 - Annual recognition: Corporate tilt display; (i color 6" x 6") - 10 guest passes to The Living Desert uatiieeQd � aCax 41500 - Annual recognition: Corporate tile display; (Z color 6" x tz") - is guest passes to The Living Desert ,Au, ri Ie a sr'�`7, 000 - Annual recognition: Corporate tilt display; (full color t 2" x t 2") - zs guest passes to The Living Desert - Half-price guest passes for your company employees - Use of Living Desert venues & facilities for corporate functions/parties at a discounted rate Illustrations by: !Carte McNulty TMf LI\"iNG DESERT-PAL.,i Df:SERT/IND1A\ WELLS 8,, Y orporate Membership Program CREATING PARTNERSHIPS BETWEEN THE CORPORATE AND LOCAL C0MMUNITY is a philosophy Tht Living Desert strongly sup- ports. As a result, The Living Desert is able to offer corporate outreach opportunities unparalleled in the Coachella Valley. With this partnership philosophy in mind, recognition packages for Corporate Memberships will be individually tailored. Members will have the unique opportunity to choose a variety of benefits tailored to the mutual goals of the corporation and The Living Desert. In addition to other benefits, each Corporate Member will receive recognition on our Corporate Benefactors structure. - Customized recognition package - Annual recognition: Corporate Benefactors structure - So guest passts to Tbt Living Desert - Half-price guest passes for your company employees - Use of Living Desert venues & facilities for corporate functions/parties at a discounted rate - Wildlife Wonders show for your corporation at a discounted rate �pe 00".A CQ66� �5, 000 - Customized recognition package t25,000 and a Rove - Annual recognition: Corporate Benefactors structure - Customized recognition package - Two Annual Corporate Membership cards - Annual rteognition: Corporate - Two tickets to the Annual Gala Benefactors structure - VIP Bthind-the-Scenes tour for your group - Rteognition: Commissioned award/ - Annual recognition award for your corporate offices artwork with commemorative signage - So guest passes to The Living Destrt - Corporate tablt for eigbt at tbt - Half-prictguestpassts for your company tmplcyets Annual Gala - Use of Living Desert venues & facilities for corporate functions/parties at a discounted rate - Special "photo -op" witb Living Desert - Wildlife Wonders show for your corporation at a discounted rate animals - Annual complimentary ust of venues and m iDox� awtl'f�aw X),0, 000 jacilitits for a Corporate event/party VIP B L. d b S - CustomiZtd recognition package e to -t r- cents tour for - Annual rtcognition: Cc porate Bentfaetors structur yourgroup - Special "photo -op" with Living Desert animals - Two Annual Corporate Membership cards - Special recognition award for your corporate offices - So guest passes to The Living Desert - Four tickets to the Annual Gala - Half-price guest passes for your - Annual complimentary use of venues and jacilitits for a Corporate event/party corporate employees - 117P Bthind-tbe-Scents tour for your group - Use of Living Desert venues & jacilitits - Two Annual Corporate Membership cards for corporate functions/parties at a - So guest passes to Thr Living Desert discounted rate - Ha f price guest passts for your company employees - Annual complimentary Wildlife Wonders - Use of Living Desert venues & facilities for corporate functions/parties at a discounted rate show foryourgroup - Wildlife Wonders show for your corporation at a discounted rate THr LIVING DGSERT-PAL\t D ..SF.RT/iNDIAN WELLS y �,� / he Co orate Community Outreach Club BE PART OF THE MOST POPULAR, AND HELL ATTENDED EVENTS IN THE VALLEY! Btcomt a member of our Corporate Community Outreach Club. Your business or corporate logo will be seen by nearly 70,000 people who attend our community events each year. In addition you'll receive annual recognition on r • C� // ✓sr , grounds at The Living Desert - seen by over 250,000 visitors each year! r• t� .;� JUST PICK OUT THE EVENTS YOU'D LIKE TO PARTICIPATE IN, AND BECOME A MEMBER TODAY! nnual Events i S r Howl 0-11ecn; Attendance: t 8,000. Timeframt: last week in October MldLrobts; Attendance. zs,000. Timrframe: Thanksgiving thru New Years ti The Fenner Fox's Fabulous FimFtst; Attendance: 13,000. Tim&amt: three : February weekends (Presidents Day Holidays L&Stravagan`a; Attendance: 3,Ooo. Timtframe: Easter Saturday Y� = Mother Nature's Earth lain - a Celebration of Eartb Day; Free admission to all! Attendance: 6,000. Tim framr: Saturday closest to Eartb Day (April zz) t. The Pupjish's Pool I irtr, Attendance: 3,000. Timtframe: mid June weekend ene its include: l Special recognition at the event site Recognition on print publicity & mar- kiting material ' Rrcognttion in electronic media t press release sot (e)(3) tax deduction benefits 2 Annual recognition on our Corporate Club Kiosk (,full color cerannc the 12" \ 12) VIP tours of the events ' Cuest passes: Recognition on event programs Rccogmtion in Foxpalvs; newsletter of The LL Living Desert 10,o0o circ. Recognition in The Living Desert Annual Rt- ?; port Invitations to the annual Corporate Party Wildl je Wonders show for yourgroup at a discounted rate. tA,; r FOR MORL INFORMATION regarding our event sponsorship program, or any other Business & Corporate Membership questions, please contact: Kimberly Durkin, _ Corporate Development, The Living Desert. 47-900 Portola Avenue, Palm Desert, CA 92z6o phone. 760.346.5694 fax: 76o.568.9685. OZ TFi1 Ln i�c nEK1:11T-P:�i_�� [)rsFHr/l�r�i.w \'FI-Lti 2 1 f 91 BUSINFSS & CORPORATE MEMBERSHIP REPLY FORM v THE LIVING DESERT 47-900 PORTOLA AVENUE, PALNt DESERT, CA 9226o-6I56 City of La Quinta Ann Saundra Juhola PO Box 1504 La Quinta, CA 92253-1504 TODAY's DATE: April 15, 1999 MEMBER SINCE: 02/28/1991 MEMBER EXPIRATION: 11/30/1997 TYPE OF MEMBERSHIP BUSINESS SHAREHOLDER BENEFITS OF ANNUAL BUSINESS & CORPO- RATE MEMBERSHIP INCLUDE: Business name C loge pr mine uli duplaved at Tke being Desert it Recognition as a con- cerned community member, actively involved in desert education and conservation. Rccoonulon III The Living Desert Annual Report +: Sot (c)(3) tax deduction benefits it Busincss or Corporate 1llember- si;ip card i2 Complimentary guest passes Subscription to Foxpaws, tite selmmontbiv newsletter Lj The Living Desn-t T to% discount in the Tortoise Sheff Giftshop and Palo Yerdt Garden Center it Priorm, notification and discounts on prograins and special cvoits it Invita- tions to "Members Only" events it Invitation to participate In the annual Hou,1-0-11 icn even:: Invitation to the our annual "Corpo- rate Party" a2kcoomtion In Foxpaws, oiir j1lrinbcrship newsletter i Free or reduced admission to participating Zoos, aquariums and gar- dens in the United Statts. it Travel and volunteer opportunities. it • A1L.MliLk CATI-GORIES WITH THI.1 >lMBOL ••• RECI:IVI, Al)UI- TIONAL VIP BENEFITS, AS WLLL AS CUSTOMIZE[) RECOGNI- TION. PI.L.V;1. CALL OUR CORI'01(.\Il. lei:\ I.u,)i, II:N I OI IICi. FOR Bl'N[:FIT INFORMATION; 7 60-346.569 } MEMBERSHIP APPLICATION MEMBERSHIP CATEGORIES BUSINESS MEMBERSHIPS ❑ Business Partners $250 ❑ Business Investor $ 500 ❑ Business Shareholders $1,000 Colkl'ol,.Xll: MI;MBIiltsllll's ❑ Corporate Entrepreneur 0 $2,500 ❑ Corporate Advocate 0 $ 5,000 ❑ Corporate Guardian + $ I0,000 ❑ Corporate Stewardship 4- $25,000 ❑ CHECK ENCLOSED, r .TABLE TO THE LIVING DESERT ❑ CHARGE TO MY: (circle one) AMERICAN EXPRESS MASTERCARD DISCOVER VISA DINERS CLUB CARD NO SIGNATURE Tiii b i-,(, EXP. DATE 90 THE LIVING DESERT i — — — — 1 47-900 PORTOLA AVENUE, PALM DESERT. CA 92260-61 56 ❑ YES! I WANT TO JOIN THE C.C.O. CLUB - f I I C.C.O. CLUB CATEGORIES VE CHECKED OFF THE EVENTS � CATEGORY I I ; WANT TO PARTICIPATE IN: ❑ QUAILS COVEY $ j , $ 00 L--------------------� ❑ MEERKAT COLONY $ j ,000 ❑ QUAIL'S COVEY- Pick any two of tbne: I ❑ The Pupfish's Pool Party j ❑ FALCON'S LAIR $ 7, S 00 DEl Fennec Fox's Fabulous FunFest ❑ EggStravaganza ❑ EAGLE'S NEST $ I0,000 ❑ MEERKAT COLONY- Pick any two of tbrtc: ❑ Howl-O Ween ❑ LEOPARDS DEN $ 12, S 00 ❑ WildLights ❑ EggStravaganza �' r ❑ THE LONE WOLF: PLEASE CONTACT ME SO I ❑ FALCON'S LAIR- Pick any tbrtt offour: I CAN LEARN MORE ABOUT THE LONE WOLF TITLE D WildLights SPONSORSHIP LEVEL- 0 EggStravaganza ❑ Mother Nature's Earth Jam ❑ Howl-O Ween I ❑ PLEASE CONTACT ME SO I CAN LEARN ' MORE ABOUT THE C.C.O. CLUB ❑ EAGLE'S NEST- Pick any four offrve: ❑ Howl-O Ween i i NAME: ❑ WildLights ❑ Fennec Fox's Fabulous FunFest , DAYTIME PHONE # ❑ Mother Nature's Earth Jam I ❑ Pupfish's Pool Party L — — — — — — — — — — — — — — — — — — J ❑ LEOPARD'S DEN: All six of our annual community events! CHECK ENCLOSED Howl-O Ween, WildLights, Fennec Fox's Fabulous ! PAYABLE TO: THE LIVING DESERT FunFest, EggStravaganza, Mother Nature's Earth Jam and The Pupfish's Pool Party. ❑ CHARGE TO MY: (circle one ❑ THE LONE WOLF: Title Sponsorship Level ANIERICAN EXPRESS MASTERCARD Please Contact me regarding the Lone Wolf Title Sponsor- DISCOVER : ISA ship Level. I am interested in the following events: DINERS Clue ❑ Howl-O Ween ❑ WildLights CARD NO. ❑ The Fennec Fox's Fabulous FunFest ❑ EggStravaganza ❑ Mother Nature's Earth Jam ❑ The Pupfish's Pool Party SIGNATURE EXP. DATE PHONE #• Tl li I_n i%(, I)I.,rRT-P \1,M Di,ERT/INDIA\ WELLS Riverside County Sheriffs Explorer Post #503 Indio Station — 82695 Dr. Carreon Blvd. - Indio, California 92201 Phone (760) 863-8290 — Fax (760) 863-8955 — Email rsotraffic@aol.com June 1, 1999 Honorable Mayor Pena and City Council City of La Quinta 78495 Calle Tampico La Quinta, California 92253 Dear Mayor Pena and City Councilmembers, I would like to take this opportunity to thank you for allowing our Explorer Post to serve the city at recent events (Community Picnic, LQ Arts Festival), and we look forward to participating in future events. I also would like to ask for consideration in your budget for help in defraying the cost of operating the Explorer Program. Although the Sheriffs Department sponsors the Explorer Post, we receive no funding from the county. Our Post relies solely on the generosity of the community that recognizes the benefits that this Program provides to the youth. The Explorers also participate in fund raising events for the Post. Our funds have nearly been depleted because of the initial costs to start the Post (the Post was formed in January). The Exploring Program's mission is to provide experiences to help young people mature at this stage in their lives, and to prepare them to become responsible and caring adults. The Program's goals are to have the Explorer: I . Gain practical experience in their career interest field (law enforcement). 2. Engage in a program of activities centered on the five emphasis areas (career opportunities, life skills, service learning, character education, and leadership experience) to encourage the development of the whole person. 3. Experience positive leadership from adult and youth leaders, and be given opportunities to take on leadership roles. 4. Learn and grow in a supportive, caring, and fun environment. Our Post is comprised of youth mainly from areas serviced by the Riverside County Sheriffs Department's Indio station. These areas include La Quinta, Indio, Coachella, Thermal, Mecca, Oasis, and North Shore. We currently have 25 Explorers from a variety of ethnic and socio-economic backgrounds. The Explorer Program is able to offer all of these youth opportunities that may not be available to them outside the program. There is a history of Explorers being hired by law enforcement agencies because of the experience that they have gained. Your support can help our Post continue meeting the goals of the Exploring Program. A program of this caliber does cost money, but the benefits that these young adults receive are priceless. On a recent trip to an Exploring Competition (the first for the Post), several Explorers thanked me and said they had "never done anything like this before". I would like to continue to broaden the horizons for these Explorers, and to continue teaching them skills that they can use for the rest of their life. I would like to stress that these young adults are typically in high school, and are at a critical point where they are making decisions that will affect them for the rest of their lives. By keeping them interested in the program (through training, comps .itions, academies, etc) we have a greater chance of guiding them and helping them achieve their goals. I have attached a sample of some of the expenses and operating costs incurred by the Explorer Post to give you a "rough" idea of what this program costs to run. Any help that you can give would be greatly appreciated and recognized. If you have any questions, please feel free to contact me. Sincerely, eputy John Doyle Attachment (1) Explorer Advisor Cc: Tom Genovese, City Manager Captain Singerton, Riverside Sheriffs Department C 9A Y Sample of Operating Costs/Expenses 1. Insurance coverage (underwritten by BSA). 2. Uniform Items (mainly for Explorers who cannot afford to purchase uniforms). 3. Teaching materials (transparencies, copies, etc.). 4. Training (CPR classes, etc.). Approx. cost per year $250.00 Approx. cost per year $400.00 Approx. cost per year $200.00 Approx. cost per year $200.00 5. Competitions (2 per year). Competitions foster team skills, and allow Explorers to meet other Explorers from around the nation. Competitions are typically out-of-town, and are held over 3-4 days. Registration fee Approx. cost per Explorer $100.00 Lodging Approx. cost per room/night $50-100.00 Food Approx. cost per Explorer/day $20.00 Transportation Approx. cost $500-1000.00 Approx. Total (per competition) $6,350.00 — 8,000.00 6. Explorer Academy (I per year). The academy exposes the Explorers to law enforcement training in the academy setting. The academy is 1 week in length, and held at the Sheriff's Academy. Academy registration per Explorer (includes food and lodging) $100.00 Academy clothing (shorts, t-shirts). Approx. cost per Explorer $40.00 Approx. Total (per Academy) $4,200.00 7. Color Guard (forming now). Initial start-up costs. Color Guard would be available for flag ceremonies. Flags, poles, holders. Approx. cost $450.00 Uniform equipment (rifles, hats, etc). Approx. cost $800.00 8. Fun trips. Examples are camping trips, day trips, etc. We have been unable to plan these due to a lack of available funds. 9. Another pressing issue that we will be facing is transportation. Because of the number of Explorers in our Post, and the fact that most of them do not possess driver's licenses, private transportation is nearly impossible. If we want to attend a competition, or go on a camping trip, we are faced with the high cost of renting vans or chartering a bus. Based upon these figures, the total annual anticipated operating cost will be approx. $19,000 to $22,000. This figure does not include extra trar dortation costs, or any "fun" activities. Our immediate need is to raise the funds for the upcoming academy (in August), the Start-up costs for the Color Guard, and the next Explorer Competition in October. Thank you for your consideration. Sin rely, eputy John4Dyle Explorer Advisor Coachella Valley Economic Partnership 73-710 Fred Waring Drive, Suite 205 - Palm Desert, CA 92260 - 760/340-1575 or 1-800-596-1007 - Fax 760/340-9212 April 26, 1999 `9 t L-=..-�__ _- l+:T. Mr. Tom Genovese, City Manager - - City of La Quints 78-495 Calle Tampico La Quinta, CA 92253 Dear Tom: RE: Investor Renewal for Fiscal Year 1999-2000 This letter is to provide you with an update about the activities of the Coachella Valley Economic Partnership (CVEP) and, for budgeting purposes, to provide you with an Investor Invoice for the coming fiscal year. Important accomplishments have been achieved over the last twelve months: • $1.7 million in additional funding for the Alternative Fuel Research Facility/Project here in the Coachella Valley was secured in November, 1998. • Construction of the Indian Wells Tennis Garden, new home of the Newsweek Championship, began in November, 1998. The new facility is scheduled to open on March 1, 2000. • The Economic Development Task Force completed its work on the Salton Sea and introduced legislation in the State Senate (SB 223). • In March, 1999 CVEP began working with the Mountains Conservancy and CVAG on the Multi -Species Habitat Protection Plan, providing an economic development perspective to complement planing efforts. • The Partnership garnered over one hundred leads since November 1, 1998. Twelve of these leads are currently active with companies taking possession of a building, moving through an escrow/site selection process, or completing site/entitlement negotiations. Types of businesses include: an engine assembly plant; an electric car manufacturer; a fire distribution company; a communications company; three plumbing product manufacturers; and an automobile manufacturer/retailer. Public announcements on some of these projects will be made in the next few weeks. Mr. Tom Genovese April 26, 1999 Page 2 At this time CVEP respectfully requests your continued financial and technical participation as an Investor by including annual dues of $5,000 in your economic development budget for Fiscal 1999-2000. While your investment is not due until July 1, 1999, l felt it was important to bring this to your attention as you begin planning for the new fiscal year and am therefore enclosing our invoice for use in your budget process. As always, I would be honored to make a presentation either to your staff or elected body as part of the consideration process. If you have any questions or would like to schedule an opportunity to discuss CVEP activities further, please call me at (760) 340- 1575. Sincerely, ?771'ILal_� ► / ?-C-<_, L MICHAEL BRACKEN Executive Director Enclosure cc: ✓Mark Weiss Economic Development Iw Coadiellavafley `Trl Economic Partnership INVOICE April 26,19" TO: Mr. Tom Genovese, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Membership Dues for 1999-2000 Please make payment to: Coachella Valley Economic Partnership ATTN: Michael I Bracken, Executive Director 73-710 Fred Waring Drive, Suite 205 Palm Desert, CA 92260 (760) 340-1575 (760) 340-9212 FAX $5,000 THANK YOU! This expense maybe tar deductible. Consult your tax advisor. TAX LD. # 33-0642485 FROM : C0F4CHELLJ i VHLLCY NUUN1 H I NS LuN rriuive i Ju. ou _ e COACHELLA VALLEY MOUNTAINS CONSERV \NCY State of California m partnership to protect our mountain heritage Via Facsimile and U.S. D-lail Govamng Bowd June 4, 1999 ciru of cam*" ctv au of rxscn Ha sp�r,gs ay a1 tnctimn iw,lls M0inQtAwa Honorable Al2yorJohn Pena ca„ormunDesen Members of the City Council cani n/pakn svr*X City of La Quints Polof--t+ --V- P-O. Box 1504 COUCnXX%'PD°""ee 78-495 Calle Tampico Sac smote AonM= s,,a„ttv,,a,ay„u La Quinta, CA 922-53 wxrsxx caruy 5igxn.esw Darla If Cowvds„ar„� Honorable Mayor and Members of the City Council: oac.r�uro +ab We are grateful for the past support from the City of La Quints to the Coachella V211ey Mountains Conservancy. We have recently been contacted by m&-mb -xs of your staff regarding OfLa a "WXVcrncn, our interest in submitting a request for a Community Services Grant for Fiscal Year 99-00. By us. Pores+sm$cc way of this letter, I would like to express our interest in a funding request of $5,000 for the `Ysac c scma1 n Boara coming year. These fiords will assist us in continuing our efforts to secure natural open space, 9+uz 'XporCorm r o1 Fk►� and scenic areas, and recreational valuers in and around the mountain- of the Coachella Valley. Lhq)askd 0 cmomla DN&M of nancutraa . awNok"Rcsoures It is our. interest to continue the provision of services agreement initiated in our Convnuniry AeSNrCZ5 AgffWV Services grant last year. The $5,000 funding level will assist us in continuing to provide biological resource data to city staff and project applicants within the City limits. It will also assist us with continuing efforts to provide open space, recreation, and interpretive information and planning. For example, the Conservancy, together with state -and federal wildlife agencies and the Bureau of land ivIanagement, is initiating a trails planning process to identify conflicts and opportunities with regard to trail use in Penitisular bighorn sheep habitat The funds provided by the City in FY 98/99 have been applied to the design of an "ecotounsm" brochure that we are currently developing, with funds provided by La Quinta, Palm Desert, and Rancho M\ rage. it may be necessary to utilize some portion of the $5,000 requested for FY 99/00 for printing of this brochure, which would then be available to chambers of commerce and other outlets. We would also welcome input from City staff and council members on this project. Thank you for your consideration of this request Please let the know if you need additional information. Sinccrcly, A�aI,IC BLrrV'A'S Associate Director C� 45-480 Portola .Ave. Palm nesert, CA 922ho • 760-7 7 6-5026 • F-ax 760•776-9698 06-08-99 1 1 : 2 5 RECEIVED FROM:760 776 9698 P - 0 L ril 21, 1999 Coachella Valley Recreation & Park District 45-871 Clinton Street, Indio, California 9=1 (760) 347-3484 FAX (760) 347-4660 www.cvrpd.org Mr. Tom Genovese City Manager City of LaQuinta P.O. Box 1504 La Quinta, CA 92253 Dear Tom; General Manager Don Martin Superintendent Laura McGalliard The Coachella Valley Recreation and Park District has applied for a 'Temporary Use Permit' with the City of La Quinta to hold the Third Annual Oktoberfest in La Quinta. The event will be held on October 8, 9, & 10, 1999, at the Frances Hack La Quinta Community Park. In previous years, our event attracted 3,500 people. It is our intent to bring over 6,000 people to the La Quinta cove, both Coachella Valley residents and out of town visitors that might not venture in for other activities. The event will again feature an authentic German Band, German Food, Dancers, beverages, arts and craft vendors, a children's game area, and a 10K, 5K Run! We are also pleased to Announce that KESQ-TV3 will be coming on board as our presenting sponsor along with KPSI- Power Radio 100.5, Westfest productions and Coca-Cola to name a few. We hope you will share our enthusiasm with this event knowing that its success will only benefit the City of La Quinta in both image and revenue. We would also like to request consideration of a grant to pay all fees/costs imposed by the Building and Safety and Public Works Departments. We look forward to working with you and your staff. Your consideration of this matter is greatly appreciated. Sincerr ,y, Don Martin General Manager C.C. Laura McGalliard, Rec. Supt. C.V. Rec. Board of Directors 100 Palm Desert - Indian Wells - La Quinta - Indio - Coachella - Thousand Palms - Rancho Mirage - Bermuda Dunes - Thermal - Oasis - Mecca - Salton Sea c&',,, 4 4 QuW6 -, - COUNCIL/RDA MEETING DATE: October .6,' 1998 ITEM TITLE: Approval of Funding Request for Coachella Valley Recreation & Park District's Oktoberfest In • l�I•LTp AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the request for funding from the Coachella Valley Recreation & Park District's Oktoberfest in an amount not to exceed $2,200. FISCAL IMPLICATIONS: The Fiscal Year 1998-99 Budget contains a line item for the Coachella Valley Recreation & Park District's Oktoberfest in the amount of $2,200 (Account No.101- 103-643-822) . The estimated cost of the requested assistance 'is $1,260. The City received a letter from the Coachella Valley Recreation & Park District (the "District") in March 1998 requesting funding (Attachment No. 1) for Oktoberfest to be held October 9, 10, and 111h, at Francis Hack La Quinta Community Park. That request was considered as part of the City Council'-s deliberations on the Fiscal Year 1 998-99 Budget in June 1998. At that time, the Council reserved $2,200 for the District/Oktoberfest. Subsequent to the adoption of the final budget in July 1998, staff requested that the District complete a Community Services Grant application to be eligible for funds. On September 30, 1998, the Cii / received the application (Attachment No. 2). The Distric- is seeking approximately $1,260 to pay for soil stabilization (estimated at $600); the rental of a City water truck($360); and City application fees ($300). At. this writing, the District has only been able to provide a verbal estimate for the cost of the soil stabilization in the amount of $600. ff the Council approves an expenditure for up to $2,200 for the District's stated purposes (i.e. soil stabilization, and payment of City fees and truck rental), -that should be sufficient to cover the cost of the requested assistance from the District. 101 ATTACHMENT NO. 3 Draft Marketing Plan Fiscal Year 1999/2000 Overview The City of La Quinta is looking to continue the momentum created by current projects such as Dine La Quinta, the economic development campaign (print, TV and collateral materials), the historical video, and Gamby. Upcoming projects should continue to advance the image of the City, support and attract businesses, and help to improve the quality of life for its residents. Objectives • Create programs/events that capture the flavor of La Quinta and translate it to tangible results. • Maximize the publicity the City receives as a result of such efforts. • Build upon the existing programs. • Support existing businesses. • Continue to build upon La Quinta's reputation as an art community. • Help diversify La Quinta's reputation beyond golf and art. • Create events that will showcase La Quinta's unique lifestyle and add to the desirability for those considering relocating or opening a business. Tactics Community Events Create and build upon the following events to create four seasonal events: September/October — Taste of La Quinta This event will either be held in conjunction with the Mariachi Festival, or on its own in October. It will be designed to showcase and highlight the restaurants of La Quinta; this event will be open to the public. Proceeds would benefit the participating restaurants, with perhaps a portion going to a non-profit organization in exchange for manpower at the event. This event will serve as a kick off for the Dine La Quinta promotion. ,,, 102 December — Holiday in the Village A giant tree of lights will be set up in a field adjacent to the Village for the week before Christmas. Surrounding the tree will be small structures to house specific activities including Santa's House, a letter writing and mailing activity, and other customs and traditions. Selected restaurants will also be invited to participate to sell appropriate food and drink. Sponsors will be solicited to help underwrite the cost of the various activities such as Toys R Us for Santa's house and the Post Office for the letter writing. March — Arts Festival May — Community Picnic Dine La Quinta Expand the Dine La Quinta program with the use of a card rather than a coupon book. Program participants will be able to just show their card to receive discounts. • Will allow program to be year round • Will allow restaurants more flexibility • Will allow retailers to participate as well Live La Quinta Run Live La Quinta ads during weekends when holidays and big events such as the Bob Hope Chrysler Classic and Skins Game are occurring to encourage visitors to look at homes in La Quinta while they are in the Valley. Economic Development Campaign Continue economic development activities with the creation of a new infomercial, TV commercial and print ad. • The infomercial will be an overview of the City, its lifestyle and history. However, the primary focus will be on development opportunities. It and the TV commercial will be broadcast in the market to reach business owners while they are here for the season/leisure activities. The print ad will be updated and run in regional business publications. Gamby the Quail Participate in the following community activities with a parade float, which will be customized for Gamby the Quail. It will take the shape of a quail's nest with a ramp down the back for access. It will be powered by modified golf cart. • Golf Cart Parade (Palm Desert, the first Sunday in November) • Festival of Lights Parade (Palm Springs, in December) • Date Festival Parade (Indio, on Columbus Day) Create "platform" for Gamby of "Keep La Quinta Clean". Create stickers for giveaways during Gamby's appearances and through schools. Can expand to Gamby's Great Cleanup Day when big items are hauled away free, undeveloped areas are cleaned by volunteers, additional litter containers are placed in public areas, prizes are awarded for recycling, etc. Economic Development Booth/Display Update the City's economic development booth display for use at the NAFTA show, ICSC, the Date Festival, the Business Expo and other relevant shows and events. Collateral Materials The City's economic development collateral materials will be updated and reprinted if needed. Public Relations As part of the retainer, Kiner/Goodsell will continue to provide public relations services through writing and distributing press releases on issues and ,rents within La Quinta. In addition, all coordination, account services and meetings are provided for through the retainer. Summary These programs position the City of La Quinta as a community that cares about its residents and welcomes new businesses and individuals to enjoy the same quality of life. Several of these events will bring people from out- of-town to support existing hospitality venues in the City while exposing them to all La Quinta has to offer. ���1� 104 ATTACHMENT NO. 4 June 22, 1999 • This is a preliminary budget • Review Items Listed on Transmittal Letter • Summary of Budget • General fund revenues increased by approximately • A-2 - Briefly go over budget process • A-5 - Briefly go over budget format • B-1 - Present Organizational Chart include that this chart incorporates prior Council direction • B-6 - Mention that community profile has been included that compares 1998 and 1999 changes in the categories listed. • C-2 - Emphasize that this sheet brings together the financial activities of all of the City, RDA and Financing Authority Funds. • B-3 - Present General Fund Revenue Pie Chart which shows percentages. Mention that Pages D-1 through D-5 graph major revenue items and we are prepared to go over them if requested. • B-4 - Present General Fund Operating Expenditures Pie Chart - not net of reimbursement. This it Aicates in what areas the City is directing its efforts. • B-5 - Present City, RDA, Financing Authority expenditures by component - this is how each dollar of total expenditures is broken down. • Section E - Draw attention that a Department by Department overview of City operations • E-6 & E-7 - Draw attention that the two budget documents are tied together by the schedule of expenditures schedules. As an example, pages E-6 and E- 7 are contained in each budget document. • C-5 - List page details out the total reimbursement to the General fund from other funds - other funds pay for personnel and operating expenditures that are recorded in the General Fund. • H-1 & H-2 - The budget has incorporated the City capital improvements approved by the Council in the Five Year Capital Improvement Plan. Question & Answer Period ATTACHMENT NO. 4 • -•�•c 1 0 ._..6 = i%Xo"MkTm i9K2 OF -.0 1999-2000 FIVE YEAR RESOURCE ALLOCATION PLAN City of La Quinta Resource Allocation plan Revenue/Expenditure Summary Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002703 2003-04 2004-05 Operations Expenditures 14,122,996 14,900,880 15,858,169 16,699,267 17,402,100 18,135,535 TOTAL OPERATIONS EXP 141122,996 14,900,880 15,858,169 16,699,267 17,402,100 18,135,535 Less: General Fund Revenues 11,677,871 11,255,360 11,376,660 11,501,060 11,628,360 11,758,760 Sub -Total Variance (2,445,125) (3,645,520) (4,481,509) (5,198,207) (5,773,740) (6,376,775) Less: Reimbursements Gas Tax Fund 395,400 Lighting & Landscaping 764,400 Infrastructure 203,910 Capital Improvement Fund 178,546 RDA Reimbursements to General Fund 1,392,227 Total Reimbursements Transfers In CDBG Quimby SCAQMD Total Transfers Out Police/Fire Equipment Replacement Capital Improvement Program Total TOTAL VARIANCE 2,934,483 409,200 423,500 438,300 453,600 469,500 764,400 764,400 764,400 764,400 764,400 203,910 203,910 203,910 203,910 203,910 178,546 178,546 178,546 178,546 178,546 1,397,863 1,397,863 1,397,863 1,397,863 1,397,863 2,953,919 2,968,219 2,983,019 2,998,319 3,014,219 30,000 0 0 0 0 0 10,000 0 0 0 0 0 92,433 0 0 0 0 0 132,433 0 0 0 0 0 2,000 2,000 0 0 0 0 471,111 0 0 0 0 0 148,680 128,680 128,680 128,680 128,680 128,680 621,791 130,680 128,680 128,680 128 680 128,680 0 (822,281) (1,641970) (2,343,868) _(2,904,101) (3,491,236) 1nF City of La Quinta Resource Allocation plan Operations Expense Summary By Program Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 GENERAL GOVERNMENT: LEGISLATIVE 398,100 409,400 421,000 433,000 445,500 458,300 CITY MANAGER'S OFFICE 556,350 581,500 609,500 638,800 669,600 701,900 ECONOMIC DEVELOPMENT 810,450 820,200 844,800 870,100 896,200 923,100 PERSONNEURISK MGT 429,250 443,700 461,100 479,200 498,000 517 600 TOTAL GENERAL GOVERNMENT 2,194,150 2,254,800 2,336,400 2,421,100 2,509,300 2,600,900 FINANCE: FISCAL SERVICES 490,250 511,500 536,000 561,700 588,700 616,900 CENTRAL SERVICES 451,346 429,100 442,000 455,300 469,000 483,100 TOTAL FINANCE 941,596 940,600 978,000 1,017,000 1,057,700 1,100,000 CITY CLERK 347,150 338,000 353,700 370,100 387,400 405,400 COMMUNITY SERVICES PARKS & RECREATION ADMIN 592,919 590.300 612,000 634,600 658,000 682,300 PARKS & RECREATION PROGRAMS 67,750 70,200 72,700 75,200 77,900 80,600 SENIOR CENTER 231,970 234,800 244,500 254,700 265,300 276,400 TOTAL COMMUNITY SERVICES 892,639 895,300 929,200 964,500 1,001,200 11039,300 POLICE 3,186,149 3,835,780 4,365,169 4,760,667 4,998,700 5,248,635 BUILDING & SAFETY: BUILDING & SAFETY -ADMIN 179,150 175,200 183,500 192,200 201,500 211,200 CODE COMPLIANCE 434,193 451,300 472,300 494,400 517,600 541,900 ANIMAL CONTROL 161,602 168,200 175,200 182,400 190,000 197,900 BUILDING 362,873 379,900 397,800 416,500 436,300 456,900 EMERGENCY SERVICES 46,900 23,100 23,800 24,500 25,200 26,000 FIRE 20,000 20,600 21,200 21,800 22,500 23,200 CIVIC CENTER BUILDING-OPER 1,113,353 1,104,700 1,139,200 1,174,900 1,211,700 1,249,600 TOTAL BUILDING & SAFETY 2,318,071 2,323,000 2,413,000 2,506,700 2,604,800 2,706,700 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 540,800 559,000 583,500 609,100 635,900 663,900 PLANNING 676,049 693,000 721,200 750,700 781,500 813,600 TOTAL COMMUNITY DEVELOPMENT 1,216,849 1,252,000 1,304,700 1,359,800 1,417,400 1,477,500 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 163,350 171,300 179,700 188,500 197,700 207,300 DEVELOPMENT & TRAFFIC 635,710 659,000 687,100 716,400 747,000 779,100 CAPITAL PROJECTS 161,805 169,600 177,800 186,400 195,400 204,800 MAINT/OPERATIONS - STREETS 991,024 1,025,600 1,064,100 1,104,200 1,145,800 1,189,200 MAINT/OPERATIONS - LTG/LANDSCAPI 1,074,503 1,035,900 1,069,300 1,103,900 1,139,700 1,176,700 TOTAL PUBLIC WORKS 3,026,392 3,061,400 3,178,000 3,299,400 3,425,600 3,557,100 TOTAL GENERAL FUND OPERATING EXP 14,122,996 14,900,880 15,858,169 16,699,267 17,402,100 18,135,535 TRANSFERS OUT 621.791 130,680 128,680 128,680 128,680 128,680 GENERAL FUND REIMBURSEMENTS (2,934,483) (2,953,919) (2,968,219) (2,983,019) (2,998,319) (3,014,219) NET GENERAL FUND EXPENDITURES 11,810,304 12,077,641 13,018,630 13.844,928 14,532 461 15,249,996 - City of La Quinta Resource Allocation plan Revenue Summary Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 TAXES Property Tax 502,300 514,900 527,800 541,000 554,500 568,400 No Low Property Tax Distribution 433,900 444,700 455,800 467,200 478,900 490,900 Document Transfer Tax 222,000 228,700 235,600 242,700 250,000 257,500 Sales Tax 2,305,600 2,351,700 2,398,700 2,446.700 2,495,600 2.545,500 Transient Occupancy Tax 3,050,000 3,050,000 3,050,000 3,050,000 3,050,000 3,050.000 Franchise Tax 381,900 393,400 405.200 417,400 429,900 442,800 TOTAL TAXES 61895,700 6,983,400 7,073,100 7,165,000 7.258,900 7,355,100 LICENSE & PERMITS Business License 110,800 110,800 110,800 110,800 110,800 110,800 Animal License 8,100 8,100 8.100 8,100 8,100 8,100 Building Permits 412,500 412,500 412,500 412,500 412.500 412,500 Plumbing Permits 86,700 86,700 86,700 86.700 86,700 86,700 Electrical Permits 68,000 68,000 68,000 68,000 68,000 68,000 Mechanical Permits 35,800 35,800 35,800 35,800 35,800 35,800 Misc. Permits 44.200 44,200 44,200 44,200 44,200 44,200 TOTAL LICENSES & PERMITS 766,100 766,100 766,100 766,100 766,100 766,100 FEES General Government Fees 4,400 4,400 4,400 4,400 4,400 4,400 Community Services Fees 124,160 124,160 124,160 124,160 124,160 124.160 Bldg & Safety Fees 298,250 298,250 298,250 298,250 298.250 298,250 Community Development Fees 105,800 105,800 105,800 105,800 105,800 105,800 Public Works Fees 270,000 278,100 286,400 295,000 303,900 313,000 TOTAL FEES 802,610 810,710 819,010 827,610 836,510 845,610 INTERGOVERNMENTAL Motor Vehicle In -Lieu 910,900 933,700 957,000 980,900 1,005,400 1,030,500 Off Hwy Vehicle License 250 250 250 250 250 250 Motor Vehicle Code Fines 14,400 14,400 14,400 14,400 14,400 14,400 Parking Violations 22,300 22,300 22,300 22,300 22,300 22,300 Misc Fines 4.600 4,600 4,600 4,600 4,600 4,600 AB939 91,100 91,100 91.100 91,100 91.100 91.100 CSA152 109,200 109,200 109,200 109,200 109,200 109,200 FEMA/ OES Grant 5,000 0 0 0 0 0 Historical Preservation Grant 10,000 0 0 0 0 0 CVAG 471,111 0 0 0 0 0 County of Riverside Sheriff ACIIS Refund 55,000 0 0 0 0 0 TOTAL INTERGOVERNMENTAL 1,693,861 1,175,550 1,198,850 1,222,750 1,247,250 1,272,350 INTEREST MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND Summary of General Fund Revenues TAXES LICENSE & PERMITS FEES INTERGOVERNMENTAL INTEREST MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 1.464,000 1,464.000 1,464,000 1,464,000 1,464,000 1,464,000 55,600 55,600 55,600 55,600 55,600 55,600 11,677,871 11,255,360 11,376,660 11,501,060 111628,360 11158,760 6.895,700 6,983,400 7,073,100 7,165,000 7,258,900 7,355,100 766,100 766,100 766,100 766,100 766,100 766.100 802,610 810,710 819.010 827,610 836,510 845,610 1,693.861 1,175,550 1,198,850 1,222,750 1,247,250 1,272,350 1,464,000 1,464,000 1,464,000 1,464,000 1,464,000 1,464,000 55,600 55,600 55,600 55,600 55,600 55,600 0 0 0 0 0 0 11,677,871 11,255,360 11,376,660 11,501,060 11,628, 360 11.758,760 1 GENERAL GOVERNMENT: LEGISLATIVE CITY MANAGER'S OFFICE ECONOMIC DEVELOPMENT PERSONNEL/RISK MGT TOTAL GENERAL GOVERNMENT FINANCE: FISCAL SERVICES CENTRAL SERVICES TOTAL FINANCE City of La Quinta Resource Allocation Plan Personnel Allocation Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 0 6.5 0 1.5 8 7 0 -7 0 0 0 0 0 6.5 6.5 6.5 6.5 6.5 0 0 0 0 0 1.5 1.5 1.5 1.5 1.5 8 8 8 8 8 7 7 7 7 7 0 0 0 0 0 7 7 7 7 7 CITY CLERK 5- - 5 5 5 5 5 COMMUNITY SERVICES COMMUNITY SERVICE - ADMIN 3 3 3 3 3 3 PARKS & RECREATION PROGRAMS 0 0 0 0 0 0 SENIOR CENTER 2.75 2.75 2.75 2.75 2.75 2.75 TOTAL COMMUNITY SERVICES 5.75 5.75 5.75 5.75 5.75 5.75 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 2 2 2 2 2 2 CODE COMPLIANCE 6.5 6.5 6.5 6.5 6.5 6.5 ANIMAL CONTROL 2 2 2 2 2 2 BUILDING 5.5 5.5 5.5 5.5 5.5 5.5 EMERGENCY SERVICES 0 0 0 0 0 0 FIRE 0 0 0 0 0 0 CIVIC CENTER BUILDING-OPER 1 1 1 1 1 1 TOTAL BUILDING & SAFETY 17 17 17 17 17 _ 17 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 5 5 5 5 5 5 PLANNING 5 5 5 5 5 5 TOTAL COMMUNITY DEVELOPMENT 10 10 10 10 10 10 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 2 2 2 2 2 2 DEVELOPMENT & TRAFFIC 5 6 6 6 7 8 CAPITAL PROJECTS 2 2 2 2 2 2 MAINT/OPERATIONS - STREETS 8.5 8.5 7.5 7.5 7.5 7.5 MAI NT/OPE RATIONS - LTG/LANDSCAPIN 2.5 2.5 2.5 2.5 2.5 2.5 TOTAL PUBLIC WORKS 21 21 20 20 21 22 TOTAL -CITY PERSONNEL 73.75 73.75 72.75 72.75 73.75 74.75 POLICE 20.81 23.86 25.86 26.86 26.86 26.86 GRAND TOTAL 94.56 97.61 98.61 99.61 100.61 101.61 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 GENERAL GOVERNMENT: LEGISLATIVE Salaries 38,400 38,400 38,400 38,400 38,400 38,400 Benefits 25,300 26,600 27,900 29,300 30,800 32,300 Services & Supplies 334,400 344,400 354,700 365,300 376,300 387,600 Equipment 0 0 0 0 0 0 Total 398,100 409,400 421,000 433,000 445,500 458,300 Positions Total ------ -- - 0 0 0 0 0 II? City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 GENERAL GOVERNMENT: CITY MANAGER Salaries 399,500 419,500 440,500 462,500 485,600 509,900 Benefits 103,500 108,700 114,100 119,800 125,800 132,100 Services & Supplies 51,750 53,300 54,900 56,500 58,200 59,900 Equipment 1,600 0 0 0 0 0 Total 556,350 581,500 609,500 638,800 669,600 701,900 Positions City Manager 1 1 1 1 1 1 Assistant City Manager 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Management Assistant 1 1 1 1 1 1 Secretary 1.5 1.5 1.5 1.5 1.5 1.5 Total 6.5 6.5 6.5 6.5 6.5 6.5 11? City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999 00 2000-01 2001-02 2002-03 2003-04 2004-05 GENERAL GOVERNMENT: ECONOMIC DEVELOPMENT Salaries Benefits Services & Supplies Equipment Total Positions Total 0 0 0 0 0 0 0 0 0 0 0 0 796,350 820,200 844,800 870,100 896,200 923,100 14,100 0 0 0 0 0 810,450 870,100 896,200 923,100 820,200 844,800 0 0 0 0 0 0 `4 11I GENERAL GOVERNMENT: PERSONNEURISK MGT Salaries Benefits Services & Supplies Equipment Total Positions Personnel/Risk Manager Secretary City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 169,700 178,200 187,100 196,500 206,300 216,600 22,500 23,600 24,800 26,000 27,300 28,700 234,850 241,900 249,200 256,700 264,400 272,300 2,200 0 0 0 0 0 429,250 443,700 461,100 479,200 498,000 517,600 1 1 1 1 1 1 0.5 0.5 0.5 0.5 0.5 0.5 Total 1.5- 1.5 1.5 1.5- 1.5 1.5 r , t FINANCE: FISCAL SERVICES Salaries Benefits Services & Supplies Equipment Total Positions City of La Quinta Resource Allocation plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 334,700 351,400 99,600 104,600 53,850 55,500 2,100 0 490,250 511,500 369,000 387,500 406,900 427,200 109,800 115,300 121,100 127,200 57,200 58,900 60,700 62.500 0 0 0 0 561,700 588,700 616,900 536,000 Finance Director 1 1 1 1 1 1 Accounting Manager 1 1 1 1 1 1 Financial Services Assistant 1 1 1 1 1 1 Account Technician 2 2 2 2 2 2 Account Clerk 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Total 7 7 7 7 7 7 11 F FINANCE: City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 CENTRAL SERVICES Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 416,646 429,100 442,000 455,300 469,000 483,100 Equipment 34,700 0 0 0 0 0 Total 451,346 429,100 442,000 4551300 469,000 483,100 Positions Total 0 0 0 0 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2004-05 2000-01 2001-02 2002-03 2003-04 CITY CLERK CITY CLERK Salaries 198,200 208,100 218,500 229,400 240,900 252,900 Benefits 67,500 70,900 74,400 78,100 82,000 86,100 Services & Supplies 57,250 59,000 60,800 62,600 64,500 66,400 Equipment 24,200 0 0 0 0 0 Total 347,150 338,000 405,400 353,700 370,100 387,400 Positions City Clerk 1 1 1 1 1 1 Deputy City Clerk 2 2 2 2 2 2 Secretary 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Total 5 5 5 5 5 5 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-0— 2004-05 COMMUNITY SERVICE ADMINISTRATION Salaries 149,600 157,100 165,000 173,300 182,000 191,100 Benefits 37,400 39,300 41,300 43,400 45,600 47,900 Services & Supplies 382,419 393,900 405,700 417,900 430,400 443,300 Equipment 23,500 0 0 0 0 0 Total 592,919 63000 658,000 682300 590,300 612,000 Positions Community Services Directo 1 1 1 1 1 1 Recreation Supervisor 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Total 3 3 3 3 3 3 119 COMMUNITY SERVICE PARK & RECREATION Salaries Benefits Services & Supplies Equipment Total Positions Total City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 15,000 15,800 16,600 17,400 18,300 19,200 1,400 1,500 1,600 1,700 1,800 1,900 51,350 52,900 54,500 56,100 57,800 59,500 0 0 0 0 0 0 67,750 70,200 72,700 75,200 77,900 80,600 _ ---- --- - - 0 0---- 0 0 b 120- City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 COMMUNITY SERVICE SENIOR CENTER Salaries 93,900 98,600 103,500 108,700 114,100 119,800 Benefits 34,800 36,500 38,300 40,200 42,200 44,300 Services & Supplies 96,770 99,700 102,700 105,800 109,000 112,300 Equipment 6,500 0 0 0 0 0 Total 231,970 234,800 2441500 254,700 265,300 276,400 Positions Senior Center Supervisor 1 1 1 1 1 1 Senior Ctr Activities Coord 1 1 1 1 1 1 Senior Center Assistant 0.75 0.75 0.75 0.75 0.75 0.75 Total 2.75 2.75 2.75 2.75 2.75 2.75 J 1 121 POLICE City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 POLICE Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 3,186,149 3,835,780 4,365,169 4,760,667 4,998,700 5,248,635 Equipment 0 0 0 0 0 0 Total 4,998,700 5,248,635 3,186,149 3,835,780 4,365,169 4,760,667 Positions Patrol Officer 16.81 18.86 18.86 18.86 18.86 18.86 School Resource Officer 1 1 2 2 2 2 Target Team 2 2 2 3 3 3 Dedicated Sergeant 0 1 1 1 1 1 Community Service Officer 1 1 2 2 2 2 Total 20.81 26.86 26.86 26.86 23.86 25.86 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 BUILDING & SAFETY ADMINISTRATION Salaries 116,800 122,600 128,700 Benefits 33,100 34,800 36,500 Services & Supplies 17,250 17,800 18,300 Equipment 12,000 0 0 Total 179,150 175,200 183, Positions Building and Safety Director 1 1 1 Senior Secretary 1 1 1 135,100 141,900 149,000 38,300 40,200 42,200 18,800 19,400 20,000 0 0 0 211,200 192,200 201,500 Total 2 2 2 2 2 2 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 BUILDING & SAFETY CODE COMPLIANCE Salaries 270,700 284,200 298,400 313,300 329,000 345,500 Benefits 88,100 92,500 97,100 102,000 107,100 112,500 Services & Supplies 72,393 74,600 76,800 79,100 81,500 83,900 Equipment 3,000 0 0 0 0 0 Total 434,193 451,300 472,300 _ 494,400 517,600 541,900 Positions Community Safety Manager Code Compliance Officer II Code Compliance Officer I Counter Technician Office Assistant Animal Control / Code Compliance Officer Animal Control / Code Compliance Officer Total 1 1 1 1 1 1 1 1 2 2 2 2 1 1 1 1 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 6.5 6.5 6.5 6.5 1 1 1 1 2 2 1 1 0.5 0.5 0.5 0.5 0.5 0.5 6.5 6.5 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 BUILDING & SAFETY ANIMAL Salaries 70,200 73,700 77,400 81,300 85,400 89,700 Benefits 18,200 19,100 20,100 21,100 22,200 23,300 Services & Supplies 73,202 75,400 77,700 80,000 82,400 84,900 Equipment 0 0 0 0 0 0 Total 197,900 161,602 _ 168,200 175,200 182,400 190,000 Positions Animal Control Officer II 1 1 1 1 1 1 Animal Control / Code Compliance Office 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Office 0.5 0.5 0.5 0.5 0.5 0.5 Total 2 - 2 2— l2 2 2 129, 29 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 BUILDING & SAFETY BUILDING & SAFETY Salaries 232,700 244,300 256,500 269,300 282,800 296,900 Benefits 78,900 82,800 86,900 91,200 95,800 100,600 Services & Supplies 51,273 52,800 54,400 56,000 57,700 59,400 Equipment 0 0 0 0 0 0 Total 362 873 379,900 397,800 116,500 436,300 456,900 Positions Building and Safety Manage Senior Building Inspector 1 Building Inspector II 1 Building Inspector 1 1 Counter Technician 1 Office Assistant 0.5 _ Total 5.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.5 0.5 0.5 0.5 0.5 5.5 5.5 5.5 5.5 5.5 - -� 12 6 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 BUILDING & SAFETY EMERGENCY SERVICES Salaries 0 Benefits 0 Services & Supplies 22,400 Equipment 24,500 Total 4"00 Positions 0 0 0 0 0 0 0 0 0 0 23,100 23,800 24,500 25,200 26,000 0 0 0 0 0 -- — - — - 26,o00 23,100 23,800 -- 24,500 — -- 25.200 Total 0 0 0 0 0 0 4-� � 12'" City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 BUILDING & SAFETY FIRE Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 20,000 20,600 21,200 21,800 22,500 23,200 Equipment 0 0 0 0 0 0 Total 20 000 20,600 22,500 23,200 21,200 211800 Positions Total 0 0 0 0 0 0 'b128 BUILDING & SAFETY CIVIC CENTER OPERATIONS Salaries Benefits Services & Supplies Equipment Total Positions Facilities Maintenance Technicia Total City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 34,700 36,400 38,200 40,100 42,100 44,200 13,600 14,300 15,000 15,800 16,600 17,400 1,023,053 1,054,000 1,086,000 1,119, 000 1,153, 000 1,188, 000 42,000 0 0 0 0 0 1,211,700 1,249,600 1,113,353 1,104,700 1,139,200 1,174,900 1 1 1 1 12° COMMUNITY DEVELOPMENT ADMINISTRATION Salaries Benefits Services & Supplies Equipment Total City of u Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003 04 2004-05 293,100 307,800 323,200 339,400 356,400 374,200 74,500 78,200 82,100 86,200 90,500 95,000 168,000 173,000 178,200 183,500 189,000 194,700 5,200 0 0 0 0 0 540,800 559,000 583,500 609,100 635,900 663,900 Positions Community Development Directo Planning Manager Associate Planner Executive Secretary Secretary Total 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 5 5 5 5 5 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 COMMUNITY DEVELOPMENT PLANNING Salaries 282,800 296,900 311,700 327,300 343,700 360,900 Benefits 69,900 73,400 77,100 81,000 85,100 89,400 Services & Supplies 313,349 322,700 332,400 342,400 352,700 363,300 Equipment 10,000 0 0 0 0 0 Total 676,049 693,000 721,200 J 750,700 781,500 813,600 Positions Principal Planner 2 2 2 2 2 2 Associate Planner 3 3 3 3 3 3 Total 5 5 5 5 5 5 PUBLIC WORKS ADMINISTRATION Salaries Benefits Services & Supplies Equipment Total Positions Public Works Director / City Engineer Senior Secretary Total City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 119,100 125,100 131,400 138,000 144,900 152,100 34,500 36,200 38,000 39,900 41,900 44,000 9,750 10,000 10,300 10,600 10,900 11,200 0 0 0 0 0 0 197,700 207,300 163,350 _ 171,300 179,700 188,500 1 1 1 1 1 1 1 1 1 1 1 1 2 -- _ 2-------- 2--- ---- 2—--- --2- Zb3 139 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 PUBLIC WORKS DEVELOPMENT & TRAFFIC Salaries 312,400 Benefits 83,600 Services & Supplies 236,110 Equipment 3,600 Total 635,710 Positions Senior Engineer 1 Associate Engineer 1 Assistant Engineer II 2 Assistant Engineer 1 1 Counter Technician 1 328,000 344,400 361,600 379,700 398,700 87,800 92,200 96,800 101,600 106,700 243,200 250,500 258,000 265,700 273,700 0 0 0 0 0 659,000 687,100 716,400 747,000 779,100 1 1 2 1 1 Total 6 6 1 1 1 1 1 1 2 2 2 2 3 3 1 1 0 1 1 1 1 1 6 6 7 8 ;.� 13". PUBLIC WORKS CAPITAL PROJECTS Salaries Benefits Services & Supplies Equipment Total Positions Senior Engineer Assistant Engineer I Total City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 112,300 117,900 123,800 130,000 136,500 143,300 33,600 35,300 37,100 39,000 41,000 43,100 15,905 16,400 16,900 17,400 17,900 18,400 0 0 0 0 0 0 161,805 204,800 169,600 177,800 186,400 195,400 1 1 1 1 1 1 1 1 1 1 1 1 2 --- -------2 - 2 — -- 2 -- ---2-- - 2t,0 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 PUBLIC WORKS STREET MAINTENANCE Salaries 272,300 285,900 300,200 315,200 331,000 347,600 Benefits 95,700 100,500 105,500 110,800 116,300 122,100 Services & Supplies 620,574 639,200 658,400 678,200 698,500 719,500 Equipment 2,450 0 0 0 0 0 Total 1,189,200 991,024 1,04600 1,064,100 1,104,200 1,145,800 Positions Maintenance Manager Maintenance Foreman Maintenance Worker II Maintenance Worker I Total 0.5 0.5 0.5 0.5 0.5 0.5 2 2 2 2 2 2 2 2 2 5 5 5 4 4 3 0 0 0 8.5 8.5 7.5 7.5 7.5 7.5 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 1999-00 2000-01 2001702 2002-03 2003-04 2004-05 PUBLIC WORKS LIGHTING & LANDSCAPE Salaries 86,500 90,800 95,300 100,100 105,100 110,400 Benefits 27,400 28,800 30,200 31,700 33,300 35,000 Services & Supplies 889,603 916,300 943,800 972,100 1,001,300 1,031,300 Equipment 71,000 0 0 0 0 0 Total 1,103,900 1,139,700 1,176,700 1,074,503 1,035,900 1,069,300 Positions Maintenance Manager 0.5 0.5 Maintenance Foreman 1 1 Maintenance Worker II 1 1 Total 2.5--- _ _ 2.5 0.5 0.5 0.5 1 1 1 1 1 1 2.5 2.5 2.5 0.5 1 1 2.5 ASSUMPTIONS Resources Allocation Plan Expenditures • Starting in 1999-2000, all Salaries and Benefits have been escalated at 5% per year, attributed to a 1 .5% COLA and a 3.5% merit increase. Salaries are based on 1999-2000 budget salary ranges. • Services and Supplies costs were escalated at 3% per year, unless otherwise noted. • No increases in City Council, Boards, and Commissions stipends are projected. • New vehicles, computers, and capital equipment were budgeted as noted. • Replacement of existing equipment is funded out of the City's Equipment Replacement Fund. • Police service costs are increased based on personnel projections supplied by the Riverside County Sheriff and a costs escalated at 5% per year. • Building and Safety Civic Center rent payments (debt service) remain at a constant level, which are included in Services and Supplies. The Balance is increased at 3%. • Community Development Administration contract services remain at a constant level, which are included in Services and Supplies. The balance is increased at 3%. • South Coast Air Quality Service and Supplies remain at a constant level. • Fire Service and Supplies remain at a constant level. Revenues • Property Tax is based are escalated at 2.5% annua' V. • TOT is not increased. • Franchise Tax escalated at 3.0% per year. • Document Tax escalated at 3.0% per year. • Sales Tax increased by 2% each fiscal year. C, 1 q "7 • Business Licenses are not increased. • Animal Licenses are not increased. • Building, Plumbing, Electrical, and Mechanical Permits are not increased. • Miscellaneous Permits are not increased. • Planning and Zoning and Plan Check Fees are not increased. • Community Development Administration Fees are not increased. • Sale of Maps and Publications are not increased. • Building and Safety Fees are not increased. • Park and Recreation fees are not increased. • Engineering Fees are increased by 3% per year. • Motor Vehicle In -Lieu fees increased by 2.5% per year. • AB 939 revenues are not increased. • Off -Highway Vehicle Fees and parking Violations are not increased. • CSA 152 revenues are not increased. • Interest, Miscellaneous Revenue, and Miscellaneous Fines to remain level each fiscal year. Reimbursements • Gas Tax escalated by 3.5% per year. • Lighting and Landscape reimbursements remain level each year. • Redevelopment Agency reimbursements are not increased based upon the Mid -Year Cash Flow Report. • Infrastructure Fund reimbursements remain level each year. s1 Ion c&4 4 laQ" AGENDA CATEGORY: BUSINESS SESSION: 7 COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Contract Services Agreement with the La Quinta Arts Foundation for PUBLIC HEARING: Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The 1999-2000 Fiscal Year Preliminary Budget includes $75,000 in the Community Services Department Contract Services budget Account # 101-251-663-538 for this contract with the La Quinta Arts Foundation (LQAF). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Arts Foundation has requested that the City fund certain services via a contract agreement for Fiscal Year 1999-2000 (Attachment 1). The LQAF has been funded as a contract program in FY 1997-98 and FY 1998-99. The City Council considered the LQAF's funding request at its special meeting on June 22, 1999. The $75,000 amount was included in the preliminary budget for this organization. This is $5,000 less than the funding requested and received in FY 1998- 99. The LQAF has submitted a Contract Services Agreement requesting funds to promote and implement the following: ♦ The four -day outdoor fine arts festival, La Quinta Arts Festival, to be held in March 2000 within the City limits of La Quinta S:\Community Services\CCReports\CC.002.wpd ♦ The week-long art painting event, Impressionaire Plein Air art show, to be held in January 2000 within the City limits of La Quinta The LQAF proposes to acknowledge the City of La Quinta as a "Premier Sponsor" (Attachment 2) in its marketing efforts for the contract programs. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the La Quinta Arts Foundation's funding request of $75,000 for Fiscal Year 1999-2000 and authorize the Mayor to execute the Contract Services Agreement; or 2. Do not approve the La Quinta Arts Foundation's funding request of $75,000 for Fiscal Year 1999-2000; or 3. Provide staff with alternative direction. Respectfully submitted, ie Horvitz,.,pommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Contract Services Agreement with La Quinta Arts Foundation 2. Letter from LQAF dated May 27, 1999 outlining LQAF's budget and marketing tools 2 6-6 W'j ,_ S:\Community Services\CCReports\CC.002.wpd ATTACHMENT 1 1999/2000 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and among the CITY OF LA QUINTA (the "City") a California municipal corporation, and the LA QUINTA ARTS FOUNDATION (the "Contractor"). WHEREAS, the City Council of the City finds that the Contractor provides an essential service to stimulate economic vitality and promote the general growth and revitalization of the City by its performance under this Agreement. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services: In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion and implementation of. (A) Four -day fine arts festival in March 2000 and (B) A week-long Impressionaire plein air arts show in January 2000. as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past festivals undertaken by Contractor. 1.2 Contractor's Proposal: The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law: All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments: Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 4U 0"J., 1.5 Familiarity with Work: By executing this Agreement, Contractor warrants that (a) they have thoroughly investigated and considered the work to be performed; (b) they have investigated the site of the work and fully acquainted itself with the conditions there existing; (c) they have carefully considered how the work should be performed and (d) they fully understand the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum: For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of Seventy-five thousand ($75,000), the Contract Sum. Payments shall be made upon receipt of invoice in accordance with the following schedule: September 1, 1998 $37,500 February 1, 1999 $37,500 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence: Time is of the essence in the performance of this Agreement 3.2 Schedule of Performance: All services rendered pursuant to this Agreement shall be performed diligently and within the time period established n the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure: The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A) for the performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and extend of delay and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term: Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. - 4.0 COORDINATION OF WORK 4.1 Representative of Contractor: The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Susan Francis, Executive Director b. Kay Wolff, President c. Theresa Maggio, Festival Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer: The Contract Officer shall be Tom Genovese or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment: The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the city to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder, other than in the ordinary course of its business and as required to discharge Contractor's obligations under this Agreement, without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor: Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation: The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring a timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance: The Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be of the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the festival events. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to the minor outdoor event permits. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification: The contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury to or death of person(s) for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extend of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Performance Bond: (Not applicable to this Agreement.) 5.4 Payment Bond: (Not applicable to this Agreement.) LE; tJ ;.i `; 5.5 Remedies: In addition to any other remedies the City may have if contractor fails to provide or maintain any insurance policies or policy endorsements to the extend and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extend to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports: Contractor shall provide a program report if requested by the Agency at any time during the period of September 1, 1999 to February 15, 2000. A final report, including an accounting of expenditures, shall be provided on or about June 15, 2000. 6.2 Records: Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law: This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior court of the county of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such action. 7.2 Disputes: In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, provided - that if the default is an immediate danger to the health, safety and general welfare, the city may take such immediate action as the city deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds: City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of contractor in the performance of the services required by this Agreement. By this provision Contractor does not waive any rights it otherwise might have to pursue recovery of such funds so withheld as provided in Section 7.6. 7.4 Waiver: No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative: Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Le2al Action: In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages: (Not applicable to this Agreement) 00 7.8 Termination Prior to Expiration of Term: This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days written notice to City. In the event of termination by Contractor prior to either event, City shall be refunded any unexpended funds advanced to Contractor. 7.9 Attornevs' Fees: If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees: No officer or employee of the City shall be personally liable to the contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest: No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination: Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice: Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA Post Office Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Tom Genovese, City Manager To Contractor: LA QUINTA ARTS FOUNDATION Post Office Box 777 78-080 Avenida La Fonda La Quinta, CA 92253 Attention: Susan Francis, Executive Director 9.2 Integrated Agreement: This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment: This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability: In the event that any one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 274 oil EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE Promote and implement the following: A. A four -day outdoor fine arts festival to be called La Quinta Arts Festival to be held March, 2000 at the Frances Hack Village Park in La Quinta. B. A week long art painting event to be called Impressionaire Plein Air Painting to be held January 2000 at prime locations throughout the Valley, predominantly in La Quinta. Marketing services for all above to include an extensive marketing program wherein the name "City of La Quinta" will be prominently displayed as a Premier Sponsor at all times. Said coverage to include but not be limited to, newspapers, magazines, radio and television advertising, as well as billboards, a fine art poster and a high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. Services will also include site preparation and restoration encompassing fencing, lighting, importation of on -site amenities, security and preparation of parking areas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below: CITY OF LA QUINTA "CITY" a California municipal corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: LA QU;an TA A TS FOUND N "CONTRACTOR" By: ��t Dated: C/( — Francis , Executive Director May 27, 1999 Mr. Tom Genovese City Manager, City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Tom: ATTACHMENT 2 On behalf of La Quinta Arts Foundation (LQAF), I would like to request that the City of La Quinta consider two Contracts for Services (as outlined in a single Application for Contract Services Agreement) specific to marketing for the 1999/2000 fiscal year. Please be assured that ALL media for these events will PROMINENTLY acknowledge the City of La Quinta as a Premier Sponsor. The Foundation is requesting a total of $75,000 in marketing funds to promote the City as a Premier Sponsor of the following events: A. $55,000 - La Quinta Arts Festival scheduled in March 2000 B. $20,000 — Impressionaire Plein Air painting event scheduled in January 2000 It is important to the Arts Foundation that our events continue to have an ever increasing positive impact on the economic development of the City of La Quinta. Our local business surveys of the past three Festivals (enclosed) confirm the significance of marketing our events with regard to the impact on the economics of the City of La Quinta. We have an aggressive strategic marketing plan in place. Our annual marketing budget for all activities is expected to be over $200,000. We are asking the City to assist with $75,000 of that amount as specified above. Our marketing is specific and targeted to assure national exposure. Our national ranking among the top three shows in the nation provides us with a high profile on a national level. The following items are enclosed: 1. Application for Contract Services Agreements Fiscal Year 1999/2000 2. 1999 Art Festival Marketing report for La Quinta Arts Festival (verifying actual total expenditures of $102,111) 3. 1999 Plein Air Festival Marketing report (verifying actual total expenditures of $35,515) 4. Statement of Revenues & Expenses showing 1999/2000 Proposed Budget figures 5. IRS Form 990 for period ending June 30, 1998 6. 1999/200 Contract Services Agreement 7. 2000 Art Festival Marketing report showing proposed costs of $103,076 8. 2000 Plein Air Festival Marketing report showing proposed costs of $48,350 9. Surveys of Businesses Affected by the 1997, 1998 and 1999 La Quinta Arts Festivals 10. LQAF Sponsorship/Grant Procurement Programs 11. LQAF Event Summaries 12. Current LQAF Membership Brochure Thank you for your assistance in processing our request. Sincerely, Susan Francis Executive Director 2-7 7 POST OFFICE BOX 777 A. LA QUINTA. CA 92253 A 760 564 1244 A, FAX 760 564 6884 t v .000 t K X Tw Of CITY OF LA QUINTA APPLICATION FOR CONTRACT SERVICES AGREEMENTS FISCAL YEAR 1999/2000 Name of Organization: LA QUINTA ARTS FOUNDATION Amount Requested: $ 7 5, 0 0 0 Contact Person.-SUSAN FRANCIS, EXECUTIVE DIRECTOR P.O. BOX 777 Mailing Address: City: LA QUINTA State: CA Zip Code: 92253 Phone No.: (760) 564-1244 501(c)3 Taxpayer I. D. Number: 9 5- 3 8 4 2 9 6 8 Date Submitted: MAY 27, 1999 1. 2 3 4 5. 6. 7 8. APPLICATION What is the overall purpose or goal of your organization? La Quinta Arts Foundation is a charitable non-profit whose mission is to cultivate and promote the arts in the Coachella Valley by developing innovative arts education programs, producing large scale events and form meaningful partnerships and exchanges with other organizations. How long has your organization been in existence: 18 Years Months Describe in general the activities or services of your organization: Produce a week long Plein Air art show in January, a one day Home Tour event in February, a four -day fine Arts Festival in March and series of one day Arts Under the Umbrella shows. Develop and administer eight educational outreach programs: Scholarship, Young at Art, Art Beat, Making Friends with Great Works of Art Docent Outreach Program, Youth Art Works, Adult Enrichment, Children's Hand -On Art Center at Festival and Children's Guided Tours at Festival. Create volunteer opportunities through the Arts League. How many people does your organization currently serve: 30,350 (estimate) Festival=23,000 Home Tour=1,000 Schools=5,000 Membership =1,000 Volunteers = 350 No. Of Youth 5,000 / yr No. of Adults 9,000+ No. of Seniors 15,000 + (not including seniors) How many people do you intend to serve during this Fiscal Year? 35,000+ No. Of Youth 6,000 / yr No. of Adults 12,000+ No. of Seniors 17,000 + (not including seniors) How many people served this Fiscal Year will be La Quinta residents: 18,000 (estimates) No. Of Youth 3,000 / yr No. of Adults 5,000+ No. of Seniors 10,000 + (not including seniors) (Figures based on 1999 Festival Marketing Survey which revealed 57% of attendees were full or part time La Quinta Residents.) How many paid employees/volunteers does your organization employ? No. Of full time employees 8 No. Of part time employees 2 Describe how your organization is managed and governed. Board of Directors and Executive Director 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Kay Wolff President P.O. Box 1016 564-4070 La Quinta, CA 92253 Larry Cox Vice President 52505 Avenida Diaz 564-0258 La Quinta, CA 92253 Richard DeSantis Treasurer 73647 Sun Lane 773-3642 Palm Desert, CA 92260 Olga Giannini Secretary 51555 Madison 347-1 710 La Quinta, CA 92253 10. What is your annual schedule of events, and during what months does your organization operate? LQAF operates 12 months. Our current schedule of events/programs is as follows: Impressionaire Plein Air art show / January 2000; Home Tour / February 2000; Benefits of Membership Events / January, February & March 2000; La Quinta Arts Festival / March 2000; Adult Education Field Trips (3/year); Adult Enrichment Art Classes (John Weidenhamer Drawing Classes) / June; 4 Arts Under the Umbrella Shows / Fall through Spring; Docent Training Sessions / Fall & Spring; Docent Program in Schools / 9 weeks each Fall & Spring; Scholarship Application Process & Awards Reception / February - June 11. Do you charge admission, membership fee, dues, etc.? X Yes No If yes, please describe: LQAF Membership levels range from $25 to $10,000. An admission fee is charged to attend La Quinta Arts Festival: $8 adults; $2 children 12. What are your other sources of revenue for this funding year? Source Amount SEE ATTACHED DRAFT OF STATEMENT OF REVENUES & EXPENSES 1999/2000 0 _1 13. Amount of money requested from the city of La Quinta? $ 75,000 14. Has your organization been funded by the City of La Quinta previously? Yes X If yes, when 1996 97 Amount received $75,000 (contract) Marketing two large scale events 1997 98 $45,000 (grant) Marketing one large scale event 1998 99 $65,000 (contract) Marketing one large scale event & one medium event 15. Need Statement. Clearly identify the program(s) for which funding is requested and plainly state the reason(s) or need for the requested funds and how these funds will be used, if awarded. (Please attach additional sheets as necessary.) All funding will be allocated for media buying expenses which include purchasing ads in newspapers, billboards, radio & television stations and outside event programs including National publications —ALL of which will PROMINENTLY acknowledge the City of La Quinta as a Premier Sponsor: A. $55,000 will be used for marketing the 18th annual La Quinta Arts Festival in March 2000. B. $20,000 will be used to market the Impressionaire plein air week-long painting event in January 2000. 16. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. (Please attach additional sheets as necessary.) All net proceeds from LQAF events are used to fund our eight educational outreach programs (listed in #3), which benefit 4th and 5th grade students, provide scholarship awards funding for local college -bound art students and adults who participate in enrichment programs.. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended City funded expenditures. 18. Non-profit organizations must attach a copy of the organization's current IRS Form 990. a La Quinta Arts Foundation 1999 ART FESTIVAL MARKETING ACTUAL MONEY SPENT FESTIVAL -MARKETING PAYROLL $15,000 ----------------------------------------------------------------------------------------------------------------------------------- AIRPO-RT -AD $3,262 ---------------------------------------------------------------------------------------------------------------------------------- BILLBOARDS $450 ------------------------------------------------------------------------------------------------------------------------------------ BOB HOPE CLASSIC PROGRAM AD $1,500 ------------------------------------------------------------------------------------------------------------------------------------ GRAPHIC DESIGNS FOR ADS $4,747 ------------------------------------------------------------------------------------------------------------------------------------ MAGAZINE ADS $8,485 ------------------------------------------------------------------------------------------------------------------------------------ METRO -THEATER -AD $250 ---------------------------------------------------------------------------------------------------------------------------------- MISC. -ITEMS ITEMS $1,345 ----------------------------------------------------------------------------------------------------------------------------------- NEWSPAPER ADS $3,475 ----------------------------------------------------------------------------------------------------------------------------------- PALM SPRINGS - LIFE $4,700 ----------------------------------------------------------------------------------------------------------------------------------- PALM FILM FESTIVAL $900 ---------SPRINGS--------------------------------------------------------------------------------------------------------------------------- PROCESSING COSTS FOR ADS $3,039 ------------------------------------------------------------------------------------------------------------------------------------ PROGRAMS $17,823 ------------------------------------------------------------------------------------------------------------------------------------ RACK CARDS $2,382 ------------------------------------------------------------------------------------------------------------------------------------ RADIO ADS $7,493 ------------------------------------------------------------------------------------------------------------------------------------ TV ADS $7,835 ------------------------------------------------------------------------------------------------------------------------------------ WEB -PAGE $50 --------GE GE--------------------------------------------------------------------------------------------------------------$_505- ----------------------------- LA --- QUINTA FESTIVAL POSTERS------------------------------- $7.200-------------------------- ------------------------------ - -___- -- --- -- ---LA -QUINTA -FESTIVAL T-SHIRTS $6,956 -------------------------------------------------------------------------------------------------- ----------------------------- LA QUINTA MISC RESALE ITEMS-------------------------------$4,763-------------------------- TOTAL MARKETING RESALE ITEMS $18,920 Total Marketing = s1021111 La Quints Arts Foundation 1999 PLEIN AIR FESTIVAL MARKETING ACTUAL MONEY SPENT ...... ..... .. ........ _ _ .. ....... ....... ......................... ........ ..... ...... ........ ....................................................................................................................... .........................................................................................I.............................I ... ......... ... ................... ...... .. . DESCRIPTION ;:: :. AMQUNT PLEIN AIR MARKETING PAYROLL ------------------------------------------------------------------------------------------------------------------------------------------------ $8,000 AL&Z TV PRODUCTION ----------------------------------------------------------------------------------------------------------------------------------------------- $5,000 GRAPHIC DESIGNS FOR ADS ----------------------------------------------------------------------------------------------------------------------------------------------- $762 MAGAZINE ADS ----------------------------------------------------------------------------------------------------------------------------------------------- $552 MISC. MARKETING ITEMS ----------------------------------------------------------------------------------------------------------------------------------------------- $1,114 NEWSPAPER ADS $2,898 PHOTOGRAPHY ----------------------------------------------------------------------------------------------------------------------------------------------- $116 PRINTING & POSTERS ----------------------------------------------------------------------------------------------------------------------------------------------- $7,313 PROCESSING COSTS FOR ADS ----------------------------------------------------------------------------------------------------------------------------------------------- $200 RADIO ADS ----------------------------------------------------------------------------------------------------------------------------------------------- $1,650 TV ADS ----------------------------------------------------------------------------------------------------------------------------------------------- $7,510 VOICE OVER ----------------------------------------------------------------------------------------------------------------------------------------------- $400 Total Marketina () "; ,j S35.515 0 "i c 3 O m D m c v < m D D z cn c� m z cn 0 r- M m� > m� r O D m X �ZDo�zN c Z D r- m z N cn m M m= Z � O D M = _ W = � r Cl) c m 0 0 m m p c C_ r m m c = m = o m m r c c m v' Amm m EA 40 Vn to a+ V► 4A 40 40 � c O D m v v m D 0 -i m � N c 0 < m z —�+ r r-Im� 0ODm m D G) O Z m v' M Kn m 0 A � � Z C vo=oc= 0 r, may c my C c m= v m m C m ��mm m � r, A m V to ^ Hf 40 V► En M N► � N � Cl1 O N ► s W C N .� CD A tD N O O W N O O N W W W -4 NJ -A.- V O A O W to W V N W CT N 4 N Qi 4 co .a N as oo m o� cD N W A CO W W N W -4 -4 -4-4 W W V t7D ..► N N COD A t7i , 0 O CD V O W W ( cn CD W A CD N Co'W CA W W — V W -A CA j CT V O OD 'CA a) O O N Ln C" O O O A L" 0 O O O O m O O O co u, cD -L to cn 0 M W A Ln CA CA L" W CA -+ O b+towV 00o0 Ln O O O CT O O O co J L" tr A Cb W to N W N V V A W -4N CD N A O O O O W A w w W CD w V CA V V W CO -L c o Z+ '� Je % MIP cn CIO �A m z C m 6) O cD cD �p M< A � � W C tD vMCI �6. J•P.r.._ Form 990 Return of Organization Exempt From Income Tax 1997 Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust This Form is Deparvnent of the treasury Open to Public intarrw Revenue semce Note: The organization may have to use a copy of this return to satisfy state reporting requirements. Inspection A For the 1997 calendar year, OR tax year period beginning JULY 1 1997, and ending JUNK 3 0 '19 98 B Check if: Please C Name of organization 0 Employer identification number Change of address lab i orr L:A QUINT-;. F- T S FOUNDATION 9 5- 3 8 4 2 9 6 8 Initial return pnnt or Number and street (or P.O. box if mail is not delivered to street address) Roornfsude E State registration number Fnal return 'e' p _ 0 . BOX 7 7 7 1168319 See Amended return Specrfic City or town, state or country, and ZIP *4 (required also for tnstruc• F Check Ili-tf exemption application State reporting) ions. ILA QU I N Tt, A CA 9 2 2 5 3- is pending G Type of organization - ► ® Exempt under section 501(c) (3 ) (insert number) OR ► 0 section 4947(a)(1) nonexempt charitable trust Note: Section 501(c)(3) exempt organizations and 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990), H(a) Is this a group return filed for affiliates? ............................... ❑ Yes 0 No I If either box in H is checked "Yes,' enter four -digit group exemption number (GEN) ► (b) If 'Yes,' enter the number of affiliates for which this return is filed: ...... ► J Accounting method: 7 Cash a Accrual (c) Is this a separate return filed by an organization covered by a group ruling? ... Yes No Other (specify) ► K Check here ► 7 if the organizations gross receipts are normalcy not more than $25,000. The organization need not file a return with the IRS; but if it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. Note: Form 990-cZ may be used by orcanizations with cross receipts less than $100,000 and total assets less than $250,000 at end of year. Part [ Revenue, Expenses, and Changes in Net Assets or Fund Balances (See Specific Instructions on page 11.) 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ............................... 1a 10, 480 b Indirect public support .............................. 1b c Government contributions (grants) .................... 1c 4 5, 000 d Total (add lines la through 1c) (attach schedule of contributors) (cash$ 55, 480 noncash$ ) ...................... 1d 55, 480 2 535, 1065 2 Proaram service revenue including government fees and contracts (from Part VII, line 93) 3 Membership dues and assessments ........................................ 3 141 842 4 19, 0611. 4 Interest on savings and temporary cash investments ............................ 5 Dividends and interest from securities ....................................... 5 15 109 6a Gross rents 6a b Less: rental expenses .............................. 6b c Net rental income or (loss) (subtract line 6b from line 6a) ........................ 6c 7 7 Other investment income (describe ► ) 8a Gross amount from sale of assets other (A) Securities (B) Other a: than inventory ................... 8a b Less: cost or other basis and sales expenses . 8b c Gain or (loss) (attach schedule)...... 8c .......... d Net gain or (loss) (combine line 8c, columns (A) and (B)) ........................ 8d 9 Special events and activities (attach schedule) a Gross revenue (not including S of contributions reported on line 1a) ..................... 9a b Less: direct expenses other than fundraising expenses ..... 9b ............ c Net income or (loss) from special events (subtract line 9b from line 9a) .............. 9c 10a Gross sales of inventory, less returns and allowances ...... 10a 4,369 b Less: cost of goods sold ............................ 110b 1 12, 701 c Gross profit or (loss) from sales of inventory attach schedule subtract line 10b from line 10a 10c - 8 , 332 11 11 Other revenue (from Part VII, line 103)...................................... 12 Total revenue (add lines Id, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11) ................. 12 7S8, 225 13 Program services (from line 44, column (B)).................................. 13 362, 067 to 14 Management and general (from line 44, column (C)) ............................ 14 133, 301 15 53, 967 c15 Fundraising (from line 44, column (D))...................................... w 16 Payments to affiliates (attach schedule) ...................................... 16 17 549, 335 17 Total expenses (add lines 16 and 44, column (A)) ............................. 18 Excess or (deficit) for the year (subtract line 17 from line 12) ...................... 18 2 0 8 890 v y 19 Net assets or fund balances at beginning of year (from line 73, column (A)) .......... 19 661 729 a 20 Other changes in net assets or fund balances (attach explanation) ................. 20 z 21 Net assets or fund balances at end of year (combine lines 18, 19, and 20) ........... 21 8 7 0 619 For Paperwork Reduction Act Notice, see page 1 of the separate instructions. ISA Form 990 (1997) STF FE01923F I (j 1., - Form 990 (1997) Page 2 [Part IF I Statement of All organizations must complete column (A). Columns (8), (C), and (0) are required for section 501(c)(3) and (4) organizations Functional Expenses and section 4947(a)(1) nonexempt charitable trusts but optional for others. (See Speck Instructions on page 15.) Do not include amounts reported on line 6b. 8b, 9b, 10b, or 16 of Part 1. (A) Total (B) Program services (C) Management and general I (0) Fundraistng 22 Grants and allocations (attach schedule) ...... (cash $ noncash $ ) 23 Specific assistance to individuals (attach schedule) ..... 24 Benefits paid to or for members (attach schedule) ...... 25 Compensation of officers, directors, etc........ 26 Other salaries and wages .................. 27 Pension plan contributions ................. 28 Other employee benefits .................. 29 Payroll taxes ........................... 30 Professional fundraising fees ............... 31 Accounting fees ......................... 32 Legal fees ............................. 33 Supplies ............................... 34 Telephone ............................. 35 Postage and shipping ..................... 36 Occupancy ............................. 37 Equipment rental and maintenance .......... 38 Printing and publications .................. 39 Travel ................................ 40 Conferences, conventions, and meetings ...... 41 Interest ............................... 42 Depreciation, depletion, etc. (attach schedule) .. 43 Other expenses (itemize)- a S TATEMENT b 22 . 23 26,5001 26, 500 24 25 26 196,256 113, 399 5 5, 399 27 , 4 5 9 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 15, 6311 15, 631 43a 310 , 948 b 62 , 2 71 26, 508 43 b c d 43c 43d e 43e 44 Total functional expenses (add lines 22 through 43) Organizations completing columns BI D , carry these totals to lines 13 - 15 44 S49, 3 3 5 362, 0671 133, 301 53, 967 Reporting of Joint Costs. — Did you report in column (8) (Program services) any joint costs from a combined educational campaign and fundraising solicitation? ............................................ No. [] Yes �j No If "Yes," enter (i) the aggregate amount of these joint costs $ ; (ii) the amount allocated to Program services $ (iii) the amount allocated to Management and general $ ; and (iv) the amount allocated to Fundraising $ [Piarti M I Statement of Program Service Accomplishments (See Specific Instructions on page 18.) What is the organization's primary exempt purpose? ►TO PROMOTE THE FINE ARTS All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of clients served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947(a)(1) nonexempt charitable trusts must also enter the amount of grants and allocations to others.) a THE ORGANIZATION SPONSORS AND OPERATES VARIOUS CONLMUNITY ART RELATED EVENTS, CONDUCTS ART CLASSES AND PROVIDES SCHOLA�.SHIPS (Grants and allocations $ ) b (Grants and allocations S ) c (Grants and allocations S ) d (Grants and allocations $ ) e Other program services (attach schedule) (Grants and allocations $ ) Program Service Expenses (Required for 501(c)(3) and (4) orgs., and 4947(a)(1) trustsbut optional for others.) 362,067 f Total of Program Service Expenses (should equal line 44, column (8), Program services) .......... ► 362, 067 STF FED1923F 2 Form 990 (1997) rage #�drt:E�t Balance Sheets (See Specific Instructions on page 18.) Note: Where required, attached schedules and amounts within the description (A) (B) column should be for end -of -year amounts only. Beginning of year End of year 45 Cash — non -interest -bearing ................................. 278,7531 45 19 , 6 0 2 46 Savings and temporary cash investments ....................... 2 4 5 016146 3 71, 17 9 47a Accounts receivable .................. 47a b Less: allowance for doubtful accounts ..... 47b 2,758 47c ...: _. 48a Pledges receivable ................... 48a b Less: allowance for doubtful accounts ..... 48b 48c 49 49 Grants receivable ......................................... 50 Receivables from officers, directors, trustees, and key employees (attach schedule) .......................................... 50 51a Other notes and loans receivable (attach U) Q schedule) .......................... 51a b Less: allowance for doubtful accounts ..... 51b 52 Inventories for sale or use ................................... 53 Prepaid expenses and deferred charges ........................ 51c 52 53 54 Investments — securities (attach schedule) ...................... 54 55a Investments — land, buildings, and equipment: basis ..................... 55a b Less: accumulated depreciation (attach .. schedule) .......................... 55b 55c 56 Investments — other (attach schedule) ......................... 56 251,048 57a Land, buildings, and equipment: basis..... 57a 366, 697 b Less: accumulated depreciation (attach schedule) .......................... 57b 137, 907 137 676 57c 228,790 58 Other assets (describe ► ) 58 59 Total assets (add lines 45 through 58) (must equal line 74) ......... 664,203 59 870,619 60 Accounts payable and accrued expenses ........................ 2,474 60 61 Grants payable ........................................... 61 62 Deferred revenue .......................................... 62 cfAi 63 Loans from officers, directors, trustees, and key employees (attach schedule) ............................................... 63:: 64a Tax-exempt bond liabilities (attach schedule) ..................... b Mortgages and other notes payable (attach schedule) .............. 64a 64b 65 Other liabilities (describe ► ) 65 66 Total liabilities (add lines 60 through 65) ....................... 2,474 66 Organizations that follow SFAS 117, check here ► © and complete lines y 67 through 69 and lines 73 and 74. 67 Unrestricted. ........................................... 68 Temporarily restricted ...................................... 278,523 67 330,613 383,206 68 540,006 tu m 69 Permanently restricted ...................................... 69 Ui 0 Organizations that do not follow SFAS 117, check here ► F7 and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds .................... 70 71 r H72 Q 71 Paid -in or capital surplus, or land, building, and equipment fund ...... Retained earnings, endowment, accumulated income, or other funds .. 73 Total net assets or fund balances (add lines 67 through 69 OR lines 72 Z 70 through 72- column (A) must equal line 19 and column (B) must equal line 21)............................................ 661,729 73 870, 619 74 Total liabilities and net assets / fund balances add lines 66 and 73 6 6 4 , 2 0 3 74 870,619 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. STF FEDI 923F 3 -.1 Form 990 (1997) $ Add amounts on lines (1) through (4)1o. b Part IV-t2i Reconciliation of Expenses per Audited Financial Statements with Expenses per Return a Total expenses and losses per audited financial statements .... ► a 252, 423 b Amounts included on line a but not on line 17. Form 990: (1) Donated services and use of facilities $ (2) Prior year adjustments reported on line 20, Form 990 ....... $ (3) Losses reported on line 20, Form 990 $ (4) Other (specify): $ Add amounts on lines (1) through (4)1o. b c 2 5 2, 4 2 3 c Line a minus line b ............ ► c 461, 313 c Line a minus line b ........... ► d Amounts included on line 12, d Amounts included on line 17, Form 990 but not on line a: Form 990 but not on line a: (1) Investment expenses (1) Investment expenses not included on line not included on line 6b, Form 990 ..... $ 6b, Form 990 .... $ (2) Other (specify): (2) Other (specify): PROG. EXP. NETTED AGAINS PROD. SER. NETTED AGAINST,., FROG. REV • S 296, 912 d 296, 912 PROD. REV. S 296,912 Add amounts on lines (1) and (2) ► d 296, 912 Add amounts on lines (1) and (2) . ► e 758, 2215 e 549, 335 e Total revenue per line 12, Form 990 (line c plus line d) ............ ► a Total expenses per line 17, Form 990 (line c plus line d) ............ ► graft 1/_ List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated; caa Rnarifir Inctntrtinnc nn none 20.) (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation (If not paid, enter -0-.) (D) Contnbuticns to employee benefit plans & deterred compensation (E) Expense account and other allowances SEE ST T M E N T 6 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? .................... No, ❑ Yes ❑X No If "Yes," attach schedule — see Specific Instructions on page 20. STF FE01923F a Form 990 0997) Other Information (See Specific Instructions on page 21.) 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of each activity . . 77 Were any changes made in the organizing or governing documents but not reported to the IRS? ........... If "Yes," attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of S1,000 or more during the year covered by this return? ........... b If "Yes,' has it filed a tax return on Form 990-T for this year? ..................................... . 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If "Yes," attach a statement .......... 80a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? ............................ b If "Yes," enter the name of the organization ► Yes No 76 X 77 78a t 78bN A 79 X 80a X and check whether it is ❑ exempt OR ❑ nonexempt. 81a Enter the amount of political expenditures, direct or indirect, as described in the instructions for line 81.............................................. 81a b Did the organization file Form 1120-POL for this year? .......................................... 81 b X 82a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? .................................................... 82a X b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See instructions for reporting in Part I11.)......................................................... 182b I N/A, 83a Did the organization comply with the public inspection requirements for returns and exemption applications?. . 83a X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ........ 83b X 84a Did the organization solicit any contributions or gifts that were not tax deductible? ...................... 84a N A b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? . � .............................................................. 84b N A 85 501(c)(4), (5), or (6) organizations. — a Were substantially all dues nondeductible by members? ........... 85a N A b Did the organization make only in-house lobbying expenditures of $2,000 or less? ...................... 85b N A If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization - received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members .................... 85c N/.A d Section 162(e) lobbying and political expenditures ......................... 85d e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ......... 85e f Taxable amount of lobbying and political expenditures (line 85d less 85e)........ 85f g Does the organization elect to pay the section 6033(e) tax on the amount in 85f? ....................... 859 N A h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the foilowing tax year? .......................... 85h N A 86 501(c)(7) organizations. — Enter a Initiation fees and capital contributions included on line 12................................................. 86a N/A b Gross receipts, included on line 12, for public use of club facilities ............. 86b 87 501(c)(12) organizations. — Enter: a Gross income from members or shareholders 87a b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ...................... 87b 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership? If ''Yes," complete Part IX ....................................................... 88 X 89a 501(c)(3) organizations. — Enter: Amount of tax imposed during the year under. section 4911 ► section 4912 ► section 4955 ► b 501(c)(3) and 501(c)(4) organizations. — Did the organization engage in any section 4958 excess benefit transaction during the year? If "Yes," attach a statement explaining each transaction .................... 89b X c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958......................................................... ► d Enter: Amount of tax in 89c, above, reimbursed by the organization ............................. ► 90a List the states with which a copy of this return is filed ► b Number of employees employed in the pay period that includes March 12, 1997 (See instructions.) ......... 90b 91 The books are in care of► GALL RICHARDS Telephone no. ► 760-564-1244 at► F.C. BOX 777 LA QUINTA, CA. ZIP + 40, 92253 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041 — Check here ................. ► ❑ and enter the amount of tax-exempt interest received or accrued during the tax year ......... ► 192 I N/ A STF FECi 923E 5 rJ Form 990 1997) `PartVill Analysis of Income -Producing Activities (See Specific Instructions on page 25.) Enter gross amounts unless otherwise indicated. 93 Program service revenue: a SPRING FES=I7A.L Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function (A) Business code (B) Amount (c) Exclusion code (o) Amount 472 154 b ARTS D7 Z.P C JE 49, 3 c UMBRED IA SHCWS 13 , 3 8` d e f Medicare/Medicaid payments .......... . g Fees and contracts from government agencies ..... 94 Membership dues and assessments ...... 95 Interest on savings and temporary cash investments . 96 Dividends and interest from securities ..... 97 Net rental income or (loss) from real estate: a debt -financed property ................. b not debt -financed property .............. 98 Net rental income or (loss) from personal property ... 99 Other investment income ............... 100 Gain or (loss) from sales of assets other than inventory 101 Net income or (loss) from special events .. . 102 Gross profit or (loss) from sales of inventory 103 Other revenue: a b c 141, 842 19 0 61 15 1 0 9 S 9 9 5 —8, 3321 d e 104 Subtotal (add columns (B), (0), and (E)) ... —8 3321 71'1 077 105 Total (add line 104, columns (8), (D), and (E))..................................... ► 7 0 2 , 7 4 5 Note: (Line 105 plus line Id, Part 1, should equal the amount on line 12, Pan` 1.) Part V.[It' Relationship of Activities to the Accomplishment of Exempt Purposes (See Specific Instructions on page 26.) Line No. ♦ Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). N; a `PartIx Information Regarding Taxable Subsidiaries (Complete this Part if the "Yes" box on line 88 is checked.) Name, address, and employer identification number of corporation or partnership Percentage of ownership interest Nature of business activities Total income End -of -year assets %� % % % Please Sign Here Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. (See General Instruction U, on page 10.) , Signature of officer Date , Type or print name and title. Paid Preparer's Preparer's signature' , / �' /� Date 112 / 12 / 9 8 Check if self- employed ► ❑ Preparer's SSN 0 5 9— 3 6 — 65 3 4 Use Only Firm's name (or ROBERT TESTA AN ACCOUNTANCY CORP yours if self employed)J and address 45-701 MONROE STE. D INDIO CA eIN ► 95— 3 68 54 3 8 ZIP-4 ► 92201 SF FED1923F 6 11 a uinta its est*val 2000 ART FESTIVAL MARKETING MARCH 16 - 17- 18 - 19TH 2000 PROPOSED MONEY ALLOTMENT ....................... ...... .............. ...................... ..... ............... ......... ............. .................... .. . ... ... . ......................... -.:-. ....... . ,...:.....::.AMOUNT....*"'-. ................ ::"* ............... ............................. ..... ......................... .... MARKETING PAYROLL ................................................................. ..................................................................................................... ............... $16,500 .......................................................... BANNERS ..................................................................................................................................................................... ....... $2,500 BOB HOPE CLASSIC PROGRAM AD ...................................................................................... ................................................................................................ $1,500 ........................................................... DATE FESTIVAL PROGRAM AD ............................................................ ........................................................................................................................... $150 .......................................................... FESTIVAL PROGRAMS ..... ................................................................................................................................................................................. $23,000 .......................................................... GRAPHIC DESIGNS FOR ADS ....................................................................................................................................................................................... $2,500 .......................................................... MAGAZINE ADS .................................................................................................................................................................................................................................................. $151000 METRO THEATER AD ...................................... I ............................................................................................................................... $400 MISC. MARKETING ITEMS .................................................................................................................................................................... $2,500 ......................... NEWS PAPER ADS $12,000 ..................................... I ..................... ........................................................................................................................... .......................................................... PALM SPRINGS LIFE ....................................................................................................................................................................................... $4,700 ........................................................... RACK CARDS ................................ ....................................................................................................................................................... $3,500 RADIO ADS ........................................ I .............................................................................................................................................. $7,500 ........................................................... TENNIS PROGRAM AD $1,800 ....... ... ... .. ......................................................... TV A D S ....................................................................................................................................................................................... $8 00 0 .......................................................... WEB PAGE .................................................................................................................................................................................................................................................. $1,500 ....................................................................................................................................................................................... LA QUINTA FESTIVAL POSTERS .......................................................... �$7,000 ....................................................................................................................................................................................... LA QUINTA FESTIVAL T-SHIRTS I .......................................................... j$7,000 ....................................................................................................................................................................................... LA QUINTA MISC RESALE ITEMS .......................................................... $ 4 5 0 0 ADDITIONAL MARKETING ITEMS $18,5001 Total Marketing S103,076 i.: J 1, U i,- .;, �j La Quinta Arts Foundation 2000 PLEIN AIR FESTIVAL MARKETING PLEIN AIR MARKETING PAYROLL --------------------------------------------------------------------------------------------------------------------- $9,000 -------------- GRAPHIC DESIGNS FOR ADS --------------------------------------------------------------------------------------------------------------------- $3,000 ------------- INTERNET ---------------------------------------------------------------------------------------------------------------------------------- $500 MAGAZINE ADS [PALM SPRINGS LIFE & SOUTHWEST ART] ---------------------------------------------------------------------------------------------------------------------------------- 56,200 MISC. MARKETING ITEMS ---------------------------------------------------------------------------------------------------------------------------------- $1,500 NEWSPAPER ADS --------------------------------------------------------------------------------------------------------------------- $4,000 ------------- PHOTOGRAPHY ---------------------------------------------------------------------------------------------------------------------------------- $700 PORTABLE BILLBOARDS ------------------------------------------------------------------------------------------------------------------------ $450 ---------- PRINTING ---------------------------------------------------------------------------------------------------------------------------------- $3,000 PROCESSING COSTS FOR ADS --------------------------------------------------------------------------------------------------------------------- $3,500 -------------- POSTERS / RACK CARDS --------------------------------------------------------------------------------------------------------------------- $3,000 ------------- RAD10 ADS ---------------------------------------------------------------------------------------------------------------------------------- $3,500 TEE SHIRTS --------------------------------------------------------------------------------------------------------------------- $2,500 -------------- TV ADS $71500 ------------------------------------------------------------------------------------------------------------------------------- Total Marketing �= ��. 48 350 Survey of Businesses Affected by the March, 1997 La Quinta Arts Festival These businesses reported the following impact: Sandbar up 40%, also catered for Festival activities Schatzi's up 80% Mario's some walk-ins Beachside business very good, combination of Festival & Tennis Cunard's no impact Cliffhouse biggest weekend ever: combination of Festival & Tennis Sesame up 40% El Ranchito up 20% Taqueria up, unable to estimate percentage Soul of Asia up 20% Adobe Grill up 15% Montanas up 7% Anchovie's up 5-10% Ace Hardware some increase in sales Circle K some increase, soft drinks, snacks, etc. Gas station little impact Labor $7,400 grounds people, (all local) Food services $10,150 in wages to local employees, lodging and food, purchases of food from local merchants, etc. Marketing/Printing $44,200 paid out locally Musicians $6,550 to Valley musicians Lighting, fencing, signage, tenting, etc. $41,360 Performer lodging $250 Parking 25 employees from the Valley paid $3,000 in salaries Attendance: 16,843 paid. (Marketing sample of 275 visitors) 46% from out of town, 35% part time desert dwellers. Local participants: About 300 volunteers, Rotary, La Quinta High School Band, various art and photo students and Interact Club students (childcare), 350 4th graders toured on Thursday. Total revenues generated across the Valley for Festival production: $163,000 Total revenues generated at the Festival: $1,118,072 (to date) Total artists' sales (to date) $910,614 with potential sales tax of $9,100 Chamber of Commerce: The Chamber starts getting calls in November and especially after New Years from people all over the country who plan their vacations around the Festival. The Chamber sends information packets to many of these people so they get information about the City and the businesses. Many people walk in and ask for information about the Festival or request rack cards. "If I had a dime for each question about the Festival, I would be rich," states Karen Levish, Chamber representative. or KW4/30/97 Ic- X; SURVEY OF BUSINESSES AFFECTED BY THE MARCH 1998 LA QUINTA ARTS FESTIVAL These businesses reported the following impact: Sandbar up 41% for Friday, Saturday and Sunday Schatzi's up 60% Cliffhouse up 10% over last year, "numbers were really good!" Sesame up 45% El Ranchito up 30% Taqueria up 8% Soul of Asia up 20% Adobe Grill up 22% Montanas up 15% Anchovies up about 17%, she also donated pizzas for Festival volunteers Teddy's up 70% "Can you guys do this every month?" Ace Hardware up 10% walk in (LQAF does a lot of business with Ace in preparation of Festival Gas Station Lot's of cars, but more people buying softdrinks than gas Liquor store up on beer and softdrinks, thought it was mainly artists Labor $8,266 paid to grounds people, (all local) Marketing/printing $55,556.00 Musicians Local, $8,200 Rentals, electric... $76,061 (lighting, bathrooms, fencing...) Performer Lodging $655.00 Attendance: 22,000...244 people surveyed, 43% from out of town, 39% year round locals, 18% with secondary residences here. Local participants: 350 volunteers, la Quinta Rotary, La Quinta High School Band, 225 4th grade students Total revenues: $506,908 Total artist sales: $1,238,917 SURVEY OF BUSINESSES IMPACTED BY 1999 LA QUINTA ARTS FESTIVAL These businesses reported the following impact: Cliffhouse Up 5-6% over last year, this time El Ranchito Up 23% Taqueria Up 40% "It was really good" Soul of China Up 10% Adobe Grill Up 25% Montanas Up 15% Morgans Up 25% T-bo's Up 25% La Quinta Grill We had been booked two weeks out Beer Hunter Up 20% Pizza Hut Up 35-40% over the year before Anchovies Up 20% Teddy's Up 75% Ace Hardware Up 30% March is always good for us because the Foundation makes a lot of purchases, a lot more artists and attendees purchased this year, it was a great year for the Festival and for us La Quinta Liquor Store Up 10% Beachside Cafe Up 20% over Festival last year Local Labor Performer Lodging Local Performers Local Vendors/Suppliers $19.800 $1,150 $9,500 $31,549.93 Attendance: 22,752...495 people surveyed 223 were locals, the remainder from out of town. Of the locals, 152 live here permanently, 71 have secondary residences here. Hotels people listed staying at were La Quinta Resort, Marriott's Desert Springs and Villas, Ritz Carlton, Ramada Inn, Hilton, Travel Lodge, Plaza Spa Presidential Inn, Desert Princess. Desert Shadow, Desert Falls, Emerald Resort and the Hvatt. Local participants: 350 volunteers, 250 students toured Qrounds, 600 kids in children's interactive art center, La Quinta Rotary, La Quinta High School Attendees were from: Los Angeles, Highland, San Diego, Orange County, Laguna Beach, Dana Point, Arizona, Washington, Baltimore, Seattle, Ohio, Illinois, Colorado, Texas, Oregon, Stockton, Ukiah, Vancouver, New York, Boston, Santa Rosa, Wyoming, San Diego, Savannah, Australia. Canada, France. Total revenues not including art sales: $490,185.00 Total artist sales: $1,500,000.00 LA QUINTA ARTS FOUNDATION SPONSORSHIP/ GRANT PROCUREMENT PROGRAMS La Quinta Arts Foundation is currently in the process of developing a full scale program geared toward procurement of sponsorships and grants. We have a full time Marketing/Development Director on staff who is actively soliciting new sponsorships for our festivals and events, as well as nurturing our relationships with sponsors. One of our sponsors for the 1999 La Quinta Arts Festival was CL Enterprises / Geyser Peak Winery, who was very impressed with our operations and have formally requested to be considered as a sponsor for the 2000 Festival. La Quinta Arts Festival 2000 proposed sponsorship levels are as follows: Premier Sponsor: City of La Quinta $55,000 Entertainment Sponsor $20,000 Stage Sponsor $10,000 Wine Garden Sponsor $10,000 Artist Party Sponsor $ 8,000 Beer Garden Sponsor $ 5,000 Friends Garden Sponsor $ 4,000 Children's Art Activity Sponsor $ 3,000 Hospitality Tent Sponsor $ 2,000 Proposed sponsorship categories offer sponsor's name in print advertising materials, electronic advertising, and on -site signage, relative to their level of sponsorship. Staff members are currently scheduling and participating in grant research and proposal writing workshops; a grant coordinator on staff will be designated to oversee this program. Past grants to the Foundation have been awarded by the Auen-Berger Foundation, Target Stores, National Endowment for the Arts, V!va Foundation and Luella Morey Murphy Foundation. A shortage of personnel during the last couple of years have prohibited the Foundation from escalating our grant seeking efforts, but this is a top priority for us in 1999/2000. - LA QUINTA ARTS FOUNDATION EVENT SUMMARIES (A) LA QUINTA ARTS FESTIVAL La Quinta Arts Foundation's premier event! This nationally acclaimed four -day outdoor fine arts show features the work over 250 juried artists set against the majestic La Quinta mountains. La Quinta Arts Festival was named the third best fine arts festival in the nation by Sunshine Artists Magazine in 1998, La Quinta Arts Festival is ideal for viewing and enjoying the finest offerings of some of the world's preeminent artists. The 2000 La Quinta Arts Festival will celebrate its 18th anniversary March 2000 and will include the following: • Artist booths convening painting, sculpture, ceramics, jewelry, photography anc other design categories • Live entertainment will be provided all four days, highlighted by Mery Griffin, our Lifetime Honorary Festival Chairman, performing with special guest stars. • Children's Art Area will feature interactive art projects to be enjoyed by children and their parents • Wine & Beer Gardens • Food and beverage concession areas offering a wide variety of menu items (B) IMPRESSIONAIRE PLEIN AIR PAINTING FESTIVAL Plein Air Painting is a form of art (French for open air), a term applied to the practice of painting out -doors so that nature is confronted directly with the intent to capture the moment, a feeling —the air. Most Plein Air painters complete their work on -site in one setting. Acrylics, oils and water colors are the media most often used. LQAF's inaugural plein air event was held January 25-31, 1999 and was very successful. The second annual Impressionaire event is scheduled January 2000 and will include the following activities: • The event will begin with a reception for the invited artists (30-40); a special kick- off event will be associated with the reception. • During the next few days, each artist will paint works on various sites in the area. Artists will use access permits to be able to paint scenes viewed from within some of the gated communities. • During the same week some of the artists will be guest speakers or instructors at special educational programs hosted by the Arts Foundation for La Quinta area adults and students. • Special evening exhibitions celebrating the achievements of the invited artists during the past day will be held and an awards ceremony for the artists with our invited guests is planned. • Invited guests -of each event will browse the exhibition and may make acquisitions of the artwork just completed. • Culminating the week, the art remaining unsold will be available for public viewing and sale in our Arts Under the Umbrellas format. T4'!t 4 ZP Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration to Approve the Design and Location PUBLIC HEARING: of the Bear Creek Channel Art Piece as Provided by the La Quinta Arts Foundation RECOMMENDATION: Approve the design and location of the Bear Creek Channel Art Piece. FISCAL IMPLICATIONS: A total of $15,000 is available for this project through contributions from the La Quinta Arts Foundation, Viva Foundation and the City of La Quinta. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 4, 1994, the City Council approved $5,000 from the Art In Public Places Fund to support an on -going program in conjunction with the La Quinta Arts Foundation called "Youth Art Works On Public Lands." The Minutes of the October 4, 1994 City Council meeting are attached (Attachment 1). At that time, it was determined that as a pilot project for the youth program, an art piece would be located at Eisenhower Park. The main focus of the project was to include local teenagers working in conjunction with local artists. At the April 4, 1995 City Council Meeting (Attachment 2) , the Council approved a request from the Art In Public Places Commission to move the art piece from Eisenhower Park to the Bear Creek Channel Bike Path. Also presented at that time was a description of the art piece. The original concept included a three dimensional covered rest stop along the path. The City Council was then to approve the final design and placement once the piece was designed by the artist and students. S:\Community Services\CCReports\CC.001.wpd Due to circumstances involving the original artist involved in the project, the project was delayed. The La Quinta Arts Foundation desired to complete this project and proceeded to put forth a Call For Artists for the project in January, 1999. A Committee of representatives from the La Quinta Arts Foundation, Viva Foundation and the City of La Quinta met in February 1999 to review the models submitted by artists interested in completing the project. The project submitted by Mr. Gene Montez Flores was chosen by the Committee to be presented to the Cultural Arts Commission and ultimately the City Council for placement at the site on the Bear Creek Channel Trail. The City Council considered the piece at the March 2, 1999 meeting (Attachment 3). Due to concerns of heat retention by the metal materials of the project and lack of shade, the project was not approved by the City Council. The recommendation from Council was to choose a project that took these concerns into account. Taking the Council's recommendation regarding the project, Ms. Jana Barbier of the La Quinta Arts Foundation presented information and the model of an alternate project, "Bear Creek," to the Cultural Arts Commission at its July 8, 1999 meeting (Attachment 4.) The piece includes a bear, to be constructed of concrete, on a base of tiles, and opposite the bear is a fish trap. This piece reflects the bear that once existed in the area as well as the Native American's use of fish traps to collect fish. Local students will be invited to participate in the project by imprinting interpretative information on the tiles used in the art piece. The Commission voted to support the project design and new location of the art piece. The location is the southwest corner of Calle Tecate and Avenida Montezuma. Ms. Barbier and staff toured the site to review the impact of the art piece on the surrounding area. The project will not obstruct views of the mountains from surrounding homes. The site is close enough for those that wish to visit the art piece to park their car at the southwest corner of the cove and walk to the art site. It is the intention of the Arts Foundation to have the piece installed by January 2000. The cost of installation is included in the cost of the project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the design and location of the Bear Creek Channel Art Piece as submitted; or 2. Approve the design and location of the Bear Creek Channel Art Piece with changes; or 3. Provide staff with alternative direction. 0 S:\Community Services\CCReports\CC.001.wpd `'" Respectfully s bmitted, P_ , Dodie Horvitz, Attachments: munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1 . Staff Report and Minutes of October 4, 1994 City Council Meeting 2. Staff Report and Minutes of April 4, 1995 City Council Meeting 3. Minutes of March 2, 1999 City Council Meeting 4. Proposal for "Bear Creek" 300 S:\Community Services\CCReports\CC.001.wpd U(I" ATTACHMENT 1 Tjivl 4 COUNCn4RDA MEETING DATE: October 4, 1994 ITEM TTILE: Consideration of a recommendation by the Art in Public Places Committee regarding Youth Art Works Public Art Project. RECOMMENDATION: Accept the Art in Public Places Committee recommendation to : AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: _ 1. Support the concept of the on -going program, "Youth Art Works on Public Lands"; 2. Approve the Eisenhower/Avenida Colima Mini Park as the first location to start the program; and, 3. Allow the Art in Public Places Committee (APP) to utilize funds from the APP Fund to match existing and future donations received from other civic organizations to implement the program. FISCAL IMPLICATIONS: Commitment of an amount of $5,000 of Art in Public Funds. Future commitments of funds would require Council authorization for exact amount. BACKGROUND AND OVERVIEW: The Art in Public Places Committee at its meeting of September 12, 1994, reviewed a proposal by the La Quinta Arts Foundation to employ the youth of La Quinta in various areas of the City to create art work in their own area of the community. The program would utilize different local artists to oversee each project and instruct the youth. The youth targeted for the program would be those in their junior and senior year of high school. The program would be on -going throughout the year with an evaluation at the completion of each project. The APP Committee has chosen the Mini Park at Eisenhower and Avenida Colima as the site for this first pilot project with other sites to be determined at a later date and brought to Council for their review and approval. In addition, local civic organizations will be asked to donate funds to help implement the program to make the program unique to La Quinta and to generate interest in the community to make the program successful. The City would then match the funds raised by committing APP funds. (At the present time, VIVA Foundation has committed $5,000 to the Mini Park. The APP would like to match this amount to develop a total of $10,000 to be used on the Mini Park project.) At this time, the APP Committee is asking Council to: 1. Support the concept of the program, "Youth Art Works on Public Lands"; 2. Approve the Eisenhower/Avenida Colima Mini Park as the first location to start the program; and, 3. Allow the Art in Public Places Committee (APP) to utilize funds from the APP Fund to match donations received from other civic organizations to implement the program. I oul Following Council's approval for the above, the Committee will return for Council approval, regarding the specific art work as well as the amount of APP funds needed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the recommendation as presented; 2. Modify the recommendation as deemed appropriate by the City Council; 3. Provide alternate direction to the Art in Public Places Committee; 4. Deny the recgltmiendation. & Dt*lopment Director r1 f j .) - COH.002 City Council Minutes 2 October 4. 1994 WRITTEN CORRESPONDENCE - None BUSINESS SESSION 1. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 94-052 FOR APPROVAL OF TEMPORARY SUBDIVISION FLAGS FOR THE PAINTED COVE AND BAJADA TRACTS. APPLICANT: MINISTRELLI CONSTRUCTION. MOTION - It was moved by Council Members Sniff/Bangerter that the matter of Special Advertising Device 94-052 be continued to October 18, 1994. Motion carried unanimously. MINUTE ORDER NO. 94-213. 2. CONSIDERATION OF SPECIAL ADVERTISING DEVICE FOR THE 1994 LA QUINTA FINE CRAFTS, WINE AND ALL THAT JAZZ EVENT (SAD 94-047). APPLICANT: LA QUINTA ARTS FOUNDATION. Mayor Pena referred to the staff report which detailed the request of La Quinta Arts Foundation to display various signs and banners for the Fine Crafts, Wine and All That Jazz event at the La Quinta Community Park November 11-13. MOTION - It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device No. 94-047 permitting on and off -site advertising for the La Quinta Arts Foundation November event. Motion carried unanimously. MINUTE ORDER NO. 94-214. 3. CONSIDERATION OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMITTEE REGARDING YOUTH ART WORKS PUBLIC ART 41r PROJECT. Mr. Herman, Planning Director, advised that the Arts In Public Places Committee (APP) recommended that the City support the concept of a on -going program titled "Youth Art Works on Public Lands"; approve the Eisenhower/Avenida Colima Mini -Park as the first location to start the program, and allow the APP to utilize funds from the APP Fund to match existing and future donations received from other civic organizations to implement the program. The request is for approval of the program in concept only. Any expenditure of funds and art designs will come back to the Council for approval. Council Member Bangerter asked what type of art would be under consideration for the program. ,� 1 City Council Minutes 3 October 4, 1994 Mr. John Walling, Arts in Public Places Committee Chairman, advised that details of the program have not yet been determined - it's only in the conceptual stage. Mr. Carolyn Lair, Arts in Public Places Committee Member, 58-572 Avenida Ramirez, suggested some possibilities might be landscape architecture design, and wall or sidewalk mosaics. Council Member Perkins asked if this matter should be referred to the Cultural Affairs Commission. Mr. Herman advised that, if Council wishes, staff can process the program through the Cultural Affairs Commission. Council Member Perkins believed the Commissions should be utilized and suggested this program be submitted to them for their review and comments. Mr. Walling agreed, but explained they wanted Council's conceptual approval before proceeding further. Ms. Lair advised that since the Cultural Affairs Commission is new and because the Art in Public Places Committee has been the recommending committee for placement of art in public places within the City, it was unclear what jurisdiction the Cultural Affairs Commission has regarding art. She noted that one of the members of Art in Public Places Committee also serves on the Cultural Affairs Commission. Council Member Sniff didn't have any problem with the Cultural Affairs Commission reviewing the program for informational purposes, but believed that the jurisdiction lies with the Art in Public Places Committee. Council Member McCartney asked if the ordinance that regulates use of Art in Pub& Places funds would need to be amended for this particular use. Ms. Honeywell, City Attorney, stated that she would look into it. MOTION - It was moved by Council Members Sniff/Bangerter to: 1) support the concept of the program "Youth Art Works on Public Lands" 2) approve the Eisenhower/Avenida Colima Mini -Park as the first location to start the program and 3) allow the Arts in Public Places Committee to utilize funds from the APP Fund to match donations received from other civic center organizations to implement the program; with the understanding that the concept will be reviewed for informational purposes, by the Cultural Affairs Commission. Motion carried unanimously. MINUTE ORDER NO. 94-215. 01 �h T-&t 4 4 Q" COUNCIL/RDA MEETING DATE: April 4, 1995 ITEM TITLE: Consideration of a request of the Art in Public Places Committee for a change in location for the Youth Art Project from the Eisenhower Park to the Bear Creek Bike Path ATTACHMENT 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 15 Approve the request to relocate the Youth Art Project as recommended by the Art in Public Places (APP) Committee. None at this time. On October 4, 1994, Council approved an allocation of $5,000 from the Art in Public Places Fund to support an on -going program in conjunction with the La Quinta Arts Foundation called "Youth Art Works on Public Lands". At that time Council approved the Art in Public Places Committee's recommendation (additional information provided in City Council staff report -Attachment 1) for the Eisenhower/Avenida Colima Mini Park as the location for the first project. It was explained, at that time, that what the students would be installing would come back before the Council for their approval. Since that time, the Foundation has received additional funds for the project (no additional funds are being requested of the City). Subsequently, the Foundation requested the project be expanded. The Foundation presented a request to the APP Committee to relocate the project to the Bear Creek Bike Path. The project would still utilize local teenagers, with local artists assisting in the designing and creation of the covered rest stops along the path. The covered rest stops would be three dimensional and would provide shade at different locations. The location and number of stops to be constructed would be determined after a design and costs had been determined. This design would then be presented to Council for their approval. The Foundation plans to hold a commun:.y meeting where the project would be explained in more detail. The high school students selected for the project would be required to do a historical and geographical research of the City La Quinta and collect artifacts to be used in the structures. Judy Bocca will be the first local artist to work with the students to design and fabricate the shade structures. CCJH.006 The recommendation of the Committee is based on the determination that the additional funds would provia,. an opportunity to do a more visual project and involve more of the community for this first project which will warrant the relocation to a larger area. The options available to the Council are as follows: 1. Approve the project as recommended by the Art in Public Places Committee; 2. Deny the request; 3. Refer the matter to staff for additional information. Attachments: City Council staff report of October 4, 1994 CCJH.006 City Council Minutes 13 April 4, 1995 Mr. Cosper advised that he wasn't sure about the tracks beyond Riverside nor the costs of the proposal. He said that the purpose of the resolution is to support the concept of a rail corridor which will open various funding sources. After the resolution is adopted, it will be forwarded to the Riverside County Transportation Commission and appropriate Federal offices. Council Member Sniff felt that the proposal was relatively benign, but would support the concept. RESOLUTION NO. 95-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ENDORSING THE CONCEPT OF A COACHELLA VALLEY NAFTA RAIL CORRIDOR. It was moved by Council Members Sniff/Cathcart to adopt Resolution No. 95-23 as submitted. Mr. Jack Sobehnan, 52-815 Avenida Martinez, suggested that a Metrolink stop be constructed at Washington Street to benefit the La Quinta Hotel. Mayor Pena pointed out that the issue is only a concept at the present time. Motion carried unanimously. 3. CONSIDERATION OF A REQUEST OF THE ART IN PUBLIC PLACES COMMITTEE FOR A CHANGE IN LOCATION FOR THE YOUTH ART PROJECT FROM THE EISENHOWER PARK TO THE BEAR CREEK BIKE PATH. Council Member Sniff advised that lengthy discussions were held a few years ago regarding a series of rest -stops along the Bear Creek Bike Path and he expressed a wish for those discussions to resurface. Mr. Herman, Community Development Director_, advised that the location of the art will be coordinated with one of the six rest -stops. Mr. Cosper advised of the possible use of Urban Forestry funds to install landscaping and irrigation at the rest -stops, but stated that they couldn't be used for lighting installation. City Council Minutes 14 April 4. 1995 Council Member Sniff felt that a common theme should be developed between the rest - stops such as bike racks, benches, and water fountains. He encouraged comprehensive planning of the project. Mr. Herman advised that the final design will be brought back to the Council for approval. Mayor Pena pointed out that the bike path is heavily used. MOTION - It was moved by Council Members Sniff/Bangerter to approve the request to relocate the Youth Art Project as recommended by the Art in Public Places Committee (and inclusive of the overall concept). Motion carried unanimously. MINUTE ORDER NO. 95-67. 4. CNNSIDERATION OF AUTHORIZATION TO RENEGOTIATE THE EXISTING A G SERVICES OF CONRAD AND ASSOCIATES. MOTIO It was moved by Council Members Sniff/Bangerter to autho ' renegotiation of the co tart services agreement with Conrad & Associa Motion carried unanimously. ORDER NO. 95-68. 5. TRANSMITTAL O ASURER'S REPORT D D FEBRUARY 28,1995 FOR THE CITY OF LA Q A AND THE LA Q A FINANCING AUTHORITY. MOTION - It was moved Council Me rs Sniff/Cathcart to receive and file the Treasurer's Report dated Feb 28, 1 for the City of La Quinta. Motion carried unanimously. MINUTE ORD N 95-69. MOTION - It was moved by \,;9T95 bers Sniff/Cathcart to receive and ►"e the Treasurer's Report dated F for the La Quinta Financing Authority. Motion carried unanimou NIINER NO. 95-70. 6. CONSIDERATWN OF A DONATION FRON KSL RECREATION FOR ONE GUEST CO ANT TO PLAY IN THE L RTY MUTUAI LEGENDS OF GOLF TOANAMENT. Ms. Oneywell, City Attorney, recommended that Co%the ct staff to prepare a reso tion, accepting the donation from KSL for one testant to play in the Liberty Mutual Legends of Golf Tournament and authorizManager to designate the recipient. J �- u_. City Council Minutes 2. ATTACHMENT 3 4 March 2, 1999 Council Member Adolph suggested Gamby also appear at Senior Center luncheons, open houses, ribbon -cutting ceremonies, and some of the Mayor's Lunches and Chamber Mixers. In response to Council Member Sniff, Ms. Horvitz advised that a contractual position was considered, but it was determined that a part-time employee position would better serve the City and represent a quality representative. Ms. Honeywell, City Attorney, advised that it's also more clearly covered under the City's liability coverage. In response to Council Member Adolph, Ms. Horvitz advised that the City has a mascot training video which addresses what a mascot should or should not do relative to limiting liability concerns. Council Member Sniff asked if a costume for warmer weather was planned, as cell as one made of more authentic colors. Ms. Horvitz advised that there is a vest that can be worn underneath the costume to help keep the body from overheating. P Mayor Pro Tem Henderson suggested something be done to make the feather on top of the head stick up straighter, and asked where the costume is stored, to which Ms. Horvitz responded at City Hall. MOTION - It was moved by Council Members Sniff/Perkins to approve the part- time position classification for the City Mascot "Gamby the Quail." Motion carried unanimously. MINUTE ORDER NO. 99-25. (;ONSIDERATION OF DESIGN AND LOCATION OF THE BEAR CREEK TRAIL :RT PIECE AS PROVIDED BY THE LA QUINTA ARTS FOUNDATION. Ms. Horvitz, Community Services Director, advised that in 1994 the La Quinta Arts Foundation proposed doing an art project with local youth, and in 1995 the location for the art piece was changed from Eisenhower Park to the Bear Creek 7- rail. Due to various reasons, the project was shelved for sometime, and the Arts Foundation is now submitting the proposed design for the art piece. -'ana Barbier, P. 0. Box 777, Education Director of La Quinta Arts Foundation, stated that the art piece, "Love Seat," was designed by internationally known zrtist, Gene Flores, who is willing to work with the youth on the installation. . City Council Minutes 5 March 2, 1999 The art piece will be made of brushed stainless steel with split -stone seats, and poetry will be engraved on the wall. In response to Council Member Perkins, Ms. Barbier advised that it will have a raised concrete base. The pillars can also be filled with concrete, and the stainless steel won't take on the heat until the concrete gets very hot. If the steel should get damaged it can be brushed out. Council Member Adolph didn't have a problem with the design, but felt the stainless steel is not indicative of the trail area. Ms. Barbier stated that the artist's intent was to do homage to the metal roof structures built here many years ago. The brushed stainless steel will pick up the color tones of the sky and mountains, but it won't reflect the sun. Council Member Adolph believed the stainless steel would get hot, and was concerned about someone getting burned. Ms. Barbier pointed out that metal art pieces are placed all along El Paseo in Palm Desert. C,Duncil Member Perkins felt the art piece is unique, and didn't have a problem with the stainless steel. Council Member Sniff felt it's totally out of place, and missing a balance of native things such as stone, plants, and maybe water. He felt it would be hot in the summer and cold in the winter, and didn't have enough shade or seating. K,, felt that it needs to be rethought in order to come up with something that's more functional and compatible with the area, and was concerned that people might trip over the abrupt elevation of the base. Vs. Horvitz pointed out that the art piece would not be replacing one of the four rest stops planned along the trail, one of which will be approximately 500 feet away. N/layor Pro Tern Henderson felt the Council may need to address the issue of the r._:st stops, and determine if they should all be the same or different. She was impressed with the artist's offer to participate, however, she didn't feel that the roof provides enough shade, and was concerned about someone tripping on the raised step. She also questioned the stainless steel not getting hot during the summer. i 0 U1"'i City Council Minutes rI Council Member Sniff felt the glistening from the stainless steel would be offensive and irritating to the eye. Mayor Pro Tern Henderson noted that according to the City's code, the art piece is to be an original, and understood that the artist has used the proposed design in other places. Ms. Barbier stated that it's of the same origin, but not the same design. Council Member Adolph understood that the artist was going more for the artistic aspect rather than a functional shade area, and noted that the City's bus stops have the same problem because they look nice aesthetically, but they lack sufficient shade. His only objection to the art piece was the use of stainless steel. In response to Council Member Perkins, Ms. Horvitz advised that the proposed location is approximately 500 feet from the south end of the trail. Council concurred on referring this back to the La Quinta Arts Foundation asking that it be re -thought with consideration given to Council's comments. 10 3. 4%C,0NSIDERATION OF NAMING THE CITY'S SEMI-ANNUAL CLEAN- DAYS "MARION HENDERSON DESERT BEAUTIFUL CLEAN-UP DAY ' (Note:' Lere was no verbal or written staff report.) Mayor Pro Te enderson noted that the Desert Bea ul organization is about 35 years old, an � t Marion Henderson has m marvelous efforts toward beautification of the ert. Most of the pr cts are now being handled by individual cities, and she it would be e for the various clean-up days to be named after Marion Hen n. Sh sked the Council to consider naming the City's semi-annual clean-up as "Marion Henderson Desert Beautiful Cl,;an-up Day," and to send lettef ther cities encouraging them to do the same. She hoped to be able t ake su n announcement at their upcoming m(;eting. Council concurred. MOTION - It w moved by Council Members Sniff/Adolph ame the City's semi-annu clean-up days as "Marion Henderson Desert Bea I Clean-up Day." NIAetion carried unanimously. MINUTE ORDER NO. 99-26. ATTACHMENT 4 Proposal Bear Creek Bike Path Arteach in conjunction with the Boys and Girls Club of the Coachella Valley, and Amistad high school, propose to design and construct an environmentally friendly, historically significant, and visually appealing sculpture for the Bear Creek Bike Path in the La Qt6ta cove. Even when it was under water the Coachella Valley had a rich and unusual his- tory. The indigenous peoples of the region took advantage of fertile ocean wa- ters of what was then an extension of what we call now the Gulf of California. At this time our dry desert sands were under sixty feet of water. The local Indi- ans built stone semi -circles ranging from 3 to 5 feet high, and 8 to 12 feet in cir- cumference on the mountain shores of the inland body of water. As the tide would rise and ebb, sea water would fill and empty from these ingenious struc- tures trapping fish in the remaining pools. The deposited fish helped maintain a sabmal native population. In the mountains along with the with the native peoples lived an assortment of large mammals. The largest and most fearsome of the mammals was the Califor- nia Grizzly of which the canyon is named. The grizzly is depicted in a preserved hieroglyph in the area. This magnificent animal is honored by its representation in the design, as it appears in the hieroglyph, in steel. With the symbolic reconstruction of the fish traps and the Cahuilla Bear Shaman image, we hope to do honor to the history of the region and to the memory of its early inhabitants. Respectfully Submitted, Special Projects Coordinator -kteach 31.: 0 .h Specifications Construction Materials; Cement, Tile, Stone, and Steel Size; Approximately 5 feet I-igh, and 8 Feet in circimnference Maintenance; Almost Zero, due to the durable surface and hardness of the ma- terials, it will be pretty much indes able under normal conditions. Foliage will be desert plants native to the cove Graffiti; Surfaces can be surfaced with an anti -graffiti coating, upkeep would be minimal Environmental Impact; Due to the durable, natural materials used in its con- struction, impact to the environment would be virtually zero Vaual Impact; Minimal, due to its low profile, and nahual coloring, the visual impact would be minor if at all i toerr 57/ f? SI-AB 0- 5t 9 1 AR - NIX, ,54ALF � o1v c-o C\ T c .v TO f0C)jc:7Aj�jj, LE "4vl "16 5; K------- FTS�j -778 lrl\ PAS co e-1,,llZUuf\ L,C LE L LC L ,s�S 1k) dc tg 7/1 211� T4ht 4 4 QuiRm AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: ,July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Resolution of the City Council PUBLIC HEARING: of La Quinta, California Approving the Transfer of Control of a Cable Television Franchise Originally Granted to Colony Communications, Inc. to Summit Cable Services of Georgia, Inc. RECOMMENDATION: Adopt the Resolution of the City Council of the City of La Quinta, California approving the transfer of control of a cable television franchise originally granted to Colony Communications, Inc. to Summit Cable Services of Georgia, Inc. FISCAL IMPLICATIONS: The City utilized special legal counsel (Rutan & Tucker) to assist the City in interpreting and analyzing the effects of the proposed transfer on the City of La Quinta and its cable television subscribers. The proposed agreement calls for the transferor (MediaOne) to reimburse the City up to $5,000 for "third party" costs associated with the City's review of the franchise transfer request. Rutan & Tucker's expenses are estimated at less than $5,000. The agreement also indicates that the City will conduct a financial audit of the franchise fee within ninety days of the effective date of the agreement. Staff has received some informal cost estimates which, depending on the depth of the audit, vary from approximately $8-15,000. Potential cost savings may be realized if the audit is shared with the City of Indian Wells, which is also in the transfer process and contemplating a financial audit. If it is determined that the City has been underpaid by 1 % or more, MediaOne will reimburse the City for the costs of the audit and repay the underpaid franchise fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 2, 1999, the City received official notification from Time Warner Cable that it had entered into an Asset Exchange Agreement with MediaOne. The notification came in the form of the Federal Communications Commission's Form 394, a federally mandated application for transfer of cable television franchises. The current franchise for cable television services in the City is between Colony Communications and the City. That franchise, through various other transfers, is now operated by MediaOne. Time Warner Cable is the ultimate owner of Summit Cable Services of Georgia, Inc., the company seeking control of the City of La Quinta's cable television franchise. The business transaction between MediaOne and Time Warner will require a transfer of the existing franchise. According to federal law, the City must act on the transfer request within 120 calendar days; however, two extensions have been granted with the latest one set to expire on July 21, 1999. The extensions were necessary to allow staff and special legal counsel (Mr. William Marticorena of Rutan & Tucker) time to gather additional information from MediaOne/Time Warner and to fully analyze the impacts of the pending transfer upon the City and the City's cable television subscribers. In addition, the time has been used to negotiate an agreement for the transfer of the franchise. Staff, special legal counsel, Time Warner Cable and MediaOne have agreed to forward the attached Resolution and Agreement to the City Council for action. Both the Resolution and the Agreement were drafted by Mr. Marticotena's Office. Mr. Marticorena is unavailable to attend the July 20' Council meeting; however, the City Attorney has been briefed by Mr. Marticorena. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt the Resolution of the City Council of the City of La Quinta, California approving the transfer of control of a cable television franchise originally granted to Colony Communications, Inc. to Summit Cable Services of Georgia, Inc., and authorize the Mayor to execute the agreement; or 2. Do not approve the Resolution approving the transfer of control (This option will obligate the City Manager to deliver a transfer request denial letter to MediaOne/Time Warner by July 21, 1999); or 3. Provide alternative direction to staff. Britt W. Wilson, Management Analyst City Manager's Office Approved for Submission by: Thomas P. Genovese, City Manager C:\MyData\WPDocs\CITY COUNCIL\CCSTFFMEDIAONE-TIMEWARNERTRANSFER07-20-99.wpd '.�03 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE ORIGINALLY GRANTED TO COLONY COMMUNICATIONS, INC. TO SUMMIT CABLE SERVICES OF GEORGIA, INC. WHEREAS, in 1995, the City Council of the City of La Quinta repealed and readopted Chapter 5.10 of the La Quinta City Code establishing regulations for granting and operating multichannel service provider systems (hereinafter referred to as the "Multichannel Service Provider Ordinance"); and WHEREAS, pursuant to the Multichannel Service Provider Ordinance, the City entered into a Franchise Agreement with Colony Communications, Inc. (hereinafter referred to as the "Grantee"), effective October 17, 1995 (hereinafter referred to as the "Franchise Agreement"). The Multichannel Service Provider Ordinance and the Franchise Agreement constitute, and will be hereinafter referred to as the "Franchise"; and WHEREAS, pursuant to Resolution No. 95-81, the City consented to a transfer of control of the Grantee to Continental Cablevision, Inc., and WHEREAS, pursuant to Resolution No. 96-62, the City consented to a transfer of control of the Grantee to U.S. West, Inc.; and WHEREAS, the City and Grantee have prepared an agreement entitled "Agreement Relating To The Consent Of The City Of La Quinta, California To The Transfer Of The Franchise Agreement Held By Media One Enterprises, Inc." (hereinafter referred to as the "Transfer Agreement"), attached as Exhibit A; and WHEREAS, the effect of the transaction is to transfer the Franchise Agreement to Summit Cable Services of Georgia, Inc. (the "Transferee"); and WHEREAS, City Code Section 5.10.650 requires City Council consent to any transfer or change of control of the Franchise; and WHEREAS, FCC Regulations (47 CFR Section 76.502(1) (1) require that in order for a cable operator to obtain City approval of a transfer or change in control of the Franchise, it must submit to the City an FCC Form 394 and any other information as may be required by the City; and WHEREAS, the Transferee has filed an FCC Form 394 with the City requesting City Council approval of the transfer of the Franchise Agreement to the Transferee (hereinafter referred to as the "Transfer"); and aJ�� WHEREAS, in support of its Form 394 Application, the Grantee and the Transferee have submitted to the City certain documents which are on file with the City Clerk, and are collectively referred to as the "Transfer Documents." NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta does order as follows: Section 1. The City Council hereby approves and consents to the Transfer, subject to the Transferee complying with the terms and conditions of this Resolution. This approval and consent shall be deemed effective as of the date of closing of the Transfer. Section 2. Upon the close of the Transfer, Transferee shall comply with and be bound by the following documents: 1. The Multichannel Service Provider Ordinance; 2. The Franchise Agreement; 3. The Transfer Agreement and all prior transfer agreements; and 4. This Resolution. Section 3. The Mayor is authorized to execute the Transfer Agreement. The City Manager, the City Attorney, Special Counsel or their designees, are hereby authorized and empowered to execute any documents necessary, in their discretion, to implement the approvals contained herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of July, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California �aO� ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: William M. Marticorena RUTAN & TUCKER, LLP Special Counsel EXHIBIT "A" AGREEMENT RELATING TO THE CONSENT OF THE CITY OF LA QUINTA, CALIFORNIA TO THE TRANSFER OF THE FRANCHISE AGREEMENT HELD BY MEDIA ONE ENTERPRISES, INC. This Agreement -(the "Transfer Agreement") is entered into this day of July, 1999, between and among the City of La Quinta, California (the "City"), and Media One Enterprises, Inc.,, (the "Transferor"), Summit Cable Services of Georgia, Inc., ',the "Transferee"), and TWI Cable Inc.(the "Guarantor"). WHEREAS, City Council entered into a Franchise Agreement (the "Franchise") with a predecessor -in -interest of the Transferor pursuant to the provisions of the La Quinta Municipal Code (the "Ordinance") to operate a cable television system within the City (the "System"); and WHEREAS, the Transferor has filed a written application to the City, (the "Application") wherein it has requested the consent of the City to the assignment of the Franchise to the Transferor (the "Transfer"); and WHEREAS, it is the intent of the City to approve the transaction whereby ownership and control of the Franchise and the cable system (the "System") shall be held by the Transferee and guaranteed by the Guarantor; and WHEREAS, the City Council of the City has reviewed the Transfer as well as all relevant documents, Staff Reports and recommendations; and WHEREAS, pursuant to the Ordinance, the Transfer is subject to written consent of the City Council; and WHEREAS, based upon the evidence presented to the City 124/015610-0004/3273421.3 a<date><time> "g 25 007 Council, it has determined that it would be in the public interest to conditionally approve the Transfer. NOW, THEREFORE, it is agreed by and between the parties as follows- 1. The City Council of the City hereby gives its consent and approval to the Transfer as described herein. 2. The granting of this consent to the Transfer does not render or waive the right of the City to approve any subsequent change in the ownership of the Franchise or the ownership or legal or operating control of the Transferee where required by the Ordinance and there shall be no further material change, amendment, or modification of the ownership or equity composition of the Transferee which requires advance consent of the City pursuant to the Ordinance without further written consent of the City Council. 3. By executing this Transfer Agreement, the Transferee agrees and acknowledges that (1) this Transfer Agreement and the approving resolution is not a new franchise agreement, the granting of a franchise, or the renewal of the existing franchise, but rather is exclusively an agreement to transfer control of the franchise and said Transfer Agreement neither affects nor prejudices in any way the City°s or Transferee's rights under the Franchise; (2) under Section 625 of the Cable Act, the term 'commercially impracticable" means, with respect to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based. Transferee agrees that in judging whether particular obligations are commercially impracticable, the parties will not consider the economic burden of debt service and 124/015610-0004/3273421.3 a<date —tim— - 2 - (Jos equity requirements incurred directly or indirectly to fund the Transfer to the extent such debt service and equity exceeds the debt service and equity requirements of the Transferor as they existed prior to the Transfer. 4.. By executing this Transfer Agreement, the Transferee hereby accepts all the terms and conditions of the Franchise, the Ordinance, that "Agreement relating to the Consent of the City of La Quinta, California to the Transfer of Control of the Franchise Agreement Granted to Providence Journal Company", dated as of October 17, 1995, (the 111995 Transfer Agreement"), that "Agreement Relating to the Consent of the City of La Quinta, California to the Transfer of Control of the Franchise Agreement Granted to Continental Cablevision, Inc., to U.S. West, inc.", approved as of August 6, 1996 (the 111996 Transfer Agreement"), any lawful orders or directives of any administrative agency relating to the Franchise or the System including, but not limited to, the Federal Communications Commission (the "Commission") and this Transfer Agreement (collectively, the "Franchise Documents") and Transferee represents and warrants that it has examined the requirements of the Franchise Documents as well as the applicable federal, state, or local laws or regulations, and agrees to abide by all the terms and conditions thereof, The Transferee agrees and acknowledges that it has found the Franchise Documents specified herein to be legally sufficient, enforceable, valid, and binding and accept the same without condition or reservation. Transferee shall assume all rate refund obligations and possessory interest tax refund liability, if any, both actual and contingent, of the Transferor. The Transferor agrees to cooperate and furnish relevant information in relation to any audit and/or investigation relative to any audit and/or investigation relative to breaches and/or defaults accruing subsequent to the Transfer. 124/015610-0004/3273421.3 a<date><time> - 3 - it { !Juy To the extent that the Transferee or Guarantor, or any related person or entity, challenges the validity or interpretation of the Franchise Documents in the future in any administrative proceeding or court of law, such a challenge shall be subject to all defenses which would have been available to the City had the Transferor, or any related person or entity, brought said challenge(s) including, but not limited to, waiver, estoppel, consent, unclean hands and accord and satisfaction, as well as any and all defenses independently available to the Transferee or Guarantor.. 5. The parties expressly agree and acknowledge that Paragraph 5 of the 1996 Transfer Agreement, and the terms and conditions thereof, are applicable and binding upon, the Transferee in relation to this Transfer for the period from the Effective Date of this Transfer Agreement until the earlier of a substantive modification of the Federal Communications Commission's existing Cost -of -Service Regulations so that Transfer Goodwill, or a portion thereof, is expressly provided as being includable in the calculation of any Regulated Rate or the Fifth Anniversary of the Effective Date of this Transfer Agreement. 6.. On or before the Effective Date, the Transferor, or its designee, shall pay to the City up to the sum of Five Thousand Dollars ($5,000.00), as invoiced by the City, which amount is paid in, and only in, complete satisfaction and reimbursement of all third -party costs incurred by the City in relation to the Transfer (the "Payment"). In regard to said Payment, the parties expressly agree and covenant as follows, A. The Payment is within the exclusions from the term "franchise fee" set forth in Section 622(g)(2) of the Cable Act (47 U.S.C. §542(g)(2); and 124/015610-0004/3273421.3 — date —time> - 4 - B. The Payment shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which the Transferor, the Transferee, or the Guarantor shall be required to pay to the City or to any state or federal agency or authority; and C. Neither the Transferor, the Transferee nor the Guarantor shall. have or make any claim or any deduction or other credit of all or any part of the amount of the Payment to be made pursuant to the franchise from or against any City or other governmental taxes of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is duly discriminatory against cable operators or cable subscribers or income taxes) or other fees or charges which the Transferor, the Transferee, or the Guarantor is required to pay to the City or other governmental agency; and D.. Neither the Transferor, the Transferee, nor the Guarantor shall apply or seek to apply all or any part of the amount of the Payment to be made pursuant to this Transfer Agreement as a deduction or other credit from or against any City or other government taxes of general applicability (other than income taxes) or other fees or charges; and E. Neither the Transfer, the Transferee nor the Guarantor shall apply or seek to apply all or any part of the amount of any City or other government taxes or other fees or charges of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services) as a deduction or other credit from or against the Payment to be made pursuant to this Transfer Agreement; and i24/01.5610-0004/3273421.3 aedate—time? -.5 - f '.) (I 02.1 7. In regard to the Payment made to the City pursuant to this Transfer Agreement, the Transferor, Transferee, Guarantor, or any affiliate party will not pass through, externalize, or otherwise attempt to add the costs of the Payment pursuant to Paragraph 6 hereof, to any regulated rate. 8. Transferee represents that the letter of credit, insurance and bonding required by the Franchise Documents have been obtained, and that there will be no gaps in required coverages or liabilities. Transferee will continue to maintain the letter of credit and bonds that it was required to maintain under the Franchise notwithstanding the Transfer. 9. Transferor and Transferee agree to defend, indemnify and hold the City harmless against any loss, claim, damage, liability or expense (including, without limitation, reasonable attorney's fees) arising out of this Transfer Agreement and/or incurred as a result of any representation or warranty made by Transferor or Transferee herein or in the application or in connection with the City's Review of the Transfer which proves to be untrue or inaccurate in any material respect. In the event the City receives any such notice of a loss, claim, damage, liability or expense, the City shall promptly notify Transferor and Transferee which shall, at the sole discretion of the City assume sole and direct responsibility for defending against any such loss, claim, damage, liability or expense. 10. This consent is not an affirmation that Transferor is currently in compliance with the Franchise Agreement.. Any consent given by the City in this Transfer Agreement and any resolution approving this Transfer Agreement is not a finding that, after the Transfer, Transferor or Transferee will be financially, technically or legally qualified, and no inference will be drawn, positively or negatively, as a result of the absence of a finding on this issue. Any consent is therefore 124/OiS610-0004/3273421.3 —date xtime> — 6 — made without prejudice to, or waiver of, the City's right to fully investigate and consider Transferor or Transferee's financial, technical and legal qualifications and any other relevant considerations during any proceeding including by way of example and not. limitation, any future transfer or renewal proceeding. Without limiting the foregoing, any approval of the Transfer is not a finding or representation that the Franchise will be renewed or extended (and approval shall not create an obligation to renew or extend the Franchise); that Transferor or Transferee is "financially, technically or legally" qualified to hold a franchise; or that any other renewal issue that may arise with respect to past performance or future cable -related needs and interests will be resolved in a manner favorable to Transferor or Transferee. Unless provided for within this Transfer Agreement, nothing in this Transfer Agreement shall constitute a waiver of any of Transferor's, Transferee's, Guarantor's, or City's rights or remedies under federal, state or local law. 11. The Transferee and Guarantor expressly agree that any litigation arising from or relating to the Franchise Documents shall be filed and litigated exclusively in the Superior Court, County of Riverside, State of California or, if jurisdictional requirements are otherwise met, the Federal District Court for the Central District, California. Transferee and Guarantor hereby jointly accept service of process by way of service upon the General Manager of the local office of the Transferee. 12. Guarantor hereby guarantees all of the obligations of the Franchise Documents as a joint and several primary liable party. Guarantor hereby waives any obligation which the City might possess to exhaust its remedies against the Transferee as a condition of enforcing obligations against the Guarantor pursuant to the Franchise Documents. 124/015610-0004/3273421.3 — date x time> - / - �) 1 13. Any violation of this Transfer Agreement or any of the terms contained in the Franchise Documents shall be deemed to be a violation of the Franchise and the Ordinance. 14. Transferee shall maintain a local office, staffed by live personnel which are employees of the Transferee,, at. which, at a minimum, subscribers can pay, bills„ receive or exchange equipment, and receive information within a six (6) mile radius of the intersection of Washington Street and Highway 111. 15. In addition to the Payment and any other payment required by this Transfer Agreement, Transferor shall reimburse the City the actual costs of an independent franchise fee audit for Fiscal Years 1995-1996 through 1998-1999 within thirty t30) days of the submission of a City invoice if, and only if, the audit concludes that the City has been underpaid franchise fees by one percent (10) or more, as provided by Section 5.10.230(C) of the Ordinance. Transferor and Transferee shall cooperate with the City's audit of franchise fees. The City shall reasonably attempt to complete a final audit report (the "Audit Report") of franchise fees owed by Transferor within ninety (90) days of the Effective Date of this Agreement assuming that the Transferor and/or Transferee expeditiously respond to the City's Information Requests. If the Audit Report finds that Transferor owes the City underpaid franchise fees under the Franchise, and the difference between the amount paid and the amount determined by the City's audit is less than five percent (50) of the amount paid to the City, or if Transferor does not dispute the results of the City's audit, then Transferor shall pay the City the difference in the amount determined to be owed by the Audit Report. This obligation is guaranteed by the Transferee. If the Audit Report determines that the amount due and owing is more than five percent (50) greater than the amount paid to the City and Transferor disputes the audit results, the dispute shall be submitted to a mutually agreed upon, independent certified public 124/015610-0004/3273421.3 a<date><time> - S - accountant ("CPA") whose determination of amount of franchise fees due shall be final and binding on the parties. The costs of hiring the CPA shall be borne by Transferor. Any amounts determined by the independent CPA to be owed to the City shall be paid to the City within thirty (30) days of such determination. 16. Transferor represents and warrants that it has received cash refunds from Riverside County relating to possessory interest tax payments for tax years to (the "Tax Years"). All, or a portion of these tax payments, were collected from subscribers as line item surcharges on monthly cable bills. Not later than four (4) months from the Effective Date„ Transferee agrees to provide a written accounting to the City of the total amount collected from La Quinta subscribers for the Tax Years (the "Subscriber Payments"), the amount of the total refund received from Riverside County for the Tax Years (the "Total Refund"), the amount of the Total Refund allocable to La Quinta Subscribers on a pro rata subscriber basis (the "Gross La Quinta Refund"), the amount of expenses allocable tc La Quinta Subscribers (the "Expense Allocation"), and the "Net Refund" due La Quinta Subscribers, which is the Gross La Quinta Refund less the Expense Allocation. The Expense Allocation shall not exceed ten percent (10%) of the Gross La Quinta Refund. The Net Refund shall be credited to current subscribers no later than six (6) months from the Effective Date and written proof of said refund shall be submitted to City no later than eight (8) months from the Effective Date. li. Transferee will provide interactive high speed cable modem services to buildings owned or controlled by the City at most favorable commercial or governmental rate offered anywhere in its San Diego Division systems by the Transferee„ the Guarantor, or any Affiliate thereof. 18. The City hereby gives the Transferee notice that the Grant or transfer of the Franchise may create a taxable 124/015610-0004/3273421.3 a<date— time> - 9 - G 3:1 possessory interest upon which the Transferee may be liable for the payment of certain property taxes. The Transferee hereby acknowledges that it has received actual notice as provided by Revenue and Taxation Code Section 107.6 19. This Transfer Agreement shall be deemed effective upon the closing of the Transfer (the "Effective Date"). 20. This Transfer Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. The parries agree that this Transfer Agreement will be considered signed when the signature of a party if delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. [SIGNATURE BLOCK NEXT PAGE] 124/015610-0004/3273421.3 —date—time, - 1 0 - 1 6 ATTEST: City Clerk APPROVED: Rutan & Tucker, LLP Special Counsel CITY OF LA QUINTA, CALIFORNIA (the "City"" Its: MEDIA ONE ENTERPRISES, INC. (the "Transferor'"? im Its: SUMMIT CABLE SERVICES OF GEORGIA, INC. the "Transferee"') By: Its: TWI CABLE INC., (the "Guarantor") M 124,015610-0004/3273421-3—dat—t—, —11.— Its: j t� T4tf t 4 ZP Q9&& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Consideration of Marketing Plan and Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The proposed marketing budget for Fiscal Year 1999-2000 is $217,500. This amount includes a consultant retainer of $4,000 per month; therefore, the amount allocated to marketing programs is $169,500. The Fiscal Year 1999-2000 Preliminary Budget includes sufficient funding to support this request, as shown in the Marketing Budgets included as Attachments 1 and 2. Attachment 1 outlines the funding allocation by account as included in the Preliminary Budget and Attachment 2 outlines the costs associated with each program included in the Marketing Plan. The marketing budget was $154,885 for seven months (December - June) of Fiscal Year 1998-99. This amount included a retainer of $3,750 per month, with the remaining $1 28,635 allocated to marketing programs. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided by Kiner/Goodsell will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: The City Council considered the Fiscal Year 1 999-2000 Marketing Plan prepared by Kiner/Goodsell at the July 6, 1999 City Council meeting, and continued it for v J� consideration to today's meeting. Included as Attachments 3, 4 and 5 are the staff report, the Fiscal Year 1999-2000 Marketing Plan, and Contract Services Agreement submitted to the City Council on July 6. Kiner/Goodsell's Marketing Plan includes programs to encourage businesses to locate in La Quinta, encourage residents to dine and shop in La Quinta, and attract visitors to dine, shop and buy a home in La Quinta. In addition to traditional economic development, the Marketing Plan includes community events programs that attract visitors to La Quinta and enhance the sense of community which attracts new and retains current residents and businesses. Staff met with Kiner/Goodsell regarding the July 6 City Council discussion of the Marketing Plan. It was noted that there was some Council Member concern expressed regarding the level of participation by Kiner/Goodsell in the creation of, and participation in, community events. The Marketing Plan includes the creation of a Holiday in the Village event and a Taste of La Quinta event, as well as limited participation in other community activities through a seasonal signage program and parades. Provided as Attachment 6 is a Marketing Plan Addendum from Kiner/Goodsell clarifying their intent behind the Marketing Plan as originally submitted. It should be noted that the Marketing Plan does not include funding or programs for Kiner/Goodsell to specifically market the La Quinta Arts Festival, the Community Picnic, Oktoberfest or the Mariachi Festival. Kiner/Goodsell did propose to explore and develop costs and alternatives for a seasonal events signage program to create a festive air in La Quinta preceding and during four seasonal events. These signs would be placed at major intersections, along major arterials, and at City Hall. It was anticipated that the signs would be developed in conjunction with the La Quinta Arts Festival in March; the Community Picnic in May; either the Mariachi Festival, Oktoberfest, or Dine La Quinta in September/October; and the proposed Holiday in the Village event in December. A small amount has been budgeted for signage in this year's marketing budget. Depending on the costs of the signs selected, implementation of this program may be deferred to next year. Additionally, implementation of this program may require modifications to the sign ordinance. The following are programs related to community events along with the associated budget amounts: Taste of La Quinta Event & Advertising $16,807 Holiday in the Village Event & Advertising $21 ,330 Seasonal Events Signage $6,577 Parades $4,478 Staff is seeking direction from the City Council regarding Kiner/Goodsell's level of participation in community events. The City Council may wish to: 1 ► Approve the Marketing Plan as submitted; 2) Redirect all or a portion of the community events related programs and associated funding levels to more traditional economic development marketing programs; or 3) Eliminate a portion of these programs and associated funding levels from the Marketing Budget. If all or a portion of the funds are redirected to more traditional economic development activities, some ideas for the redirection of these funds include: • Exploring national print media advertising. • Exploring national trade publications advertising. • Hosting an event in La Quinta for the Palm Desert ICSC Conference participants in October. • Increasing the frequency of local television spots at selected times. • Adding television spots at selected times on cable systems throughout Southern California. • Billboard advertising on 1-10. • Billboard advertising in Los Angeles. Kiner/Goodsell has allocated a number of retainer hours to the coordination of the community events related programs as outlined in the Marketing Plan. If the City Council chooses to eliminate the community events related programs, or at least the Holiday Village and Taste of La Quinta, without redirecting the marketing efforts, Kiner/Goodsell has proposed reducing the monthly retainer to $3,400 per month. Other variations to the proposed Marketing Plan may be cause to negotiate associated retainer adjustments accordingly. Also on July 6, the City Council discussed the need for notification to residents regarding the upcoming public works projects. This notification was planned to be accomplished through press releases completed as part of Kiner/Goodsell's retainer. If the City Council would like additional public notification, such as postcard mailers or radio spots, this could be accomplished through City Council redirection of marketing funds or by directing staff to explore other funding options (i.e. project funds, general fund reserves, etc.). Staff is prepared to make changes to the Contract Services Agreement and Marketing Plan pursuant to the City Council's direction. f)03 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Marketing Plan as submitted by Kiner/Goodsell Advertising, and authorize the Mayor to execute the attached Contract Services Agreement for an amount not to exceed $217,500; or 2. Approve the Marketing Plan without certain community events related programs as directed by the City Council, redirect the funding to more traditional economic development programs as directed by the City Council, and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount not to exceed $217,500; or 3. Approve the Marketing Plan without certain community events related programs as directed by the City Council, eliminate funding for certain community events related programs as directed by the City Council, and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount to be determined by the City Council; or 4. Do not approve the Marketing Plan and do not authorize the Mayor to execute the attached Contract Services Agreement; or 5. Provide alternative direction to staff. Respectfully submitted, J � Linda Coyle, Management n lyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Fiscal Year 1999-2000 Marketing Budget by Preliminary Budget Account 2. Fiscal Year 1999-2000 Marketing Budget by Marketing Program 3. July 6, 1999 Staff Report 4. Fiscal Year 1999-2000 Marketing Plan 5. Contract Services Agreement 6. Marketing Plan Addendum 004 ATTACHMENT 1 Marketing Budget FY 1999-2000 by Budget Account 603-000-605-822 Marketing Services 75,500.00 K/G Retainer 48,000.00 Taste of LQ-acct svcs & outside svcs 8,006.90 Holiday Village-acct svcs & outside svcs 16,330.00 Golf Cart Parade Float -art direction 457.94 Live LQ-acct svcs 1,275.00 Collateral Materials -art direction 1,190.63 Sutotal 75,260.47 101-103-605-821 Promotional Materials 25,500.00 Dine/Shop LQ Card 5,952.35 Holiday Street Decorations 6,576.72 Golf Cart Parade Float 2,040.00 Festival of Lights Parade Float 1,140.00 Date Festival Parade Float 840.00 Collateral Materials 8,835.50 Subtotal 25,384.57 101-103-643-823 Media Promotion 57,500.00 Taste of LQ-advertising 8,800.00 Dine LQ-TV 20,000.00 Dine LQ-radio 5,200.00 Dine LQ-newspaper 6,000.00 Holiday Village -advertising 5,000.00 Live LQ-advertising 8,725.00. Subtotal 53,725.00 101-103 Capital Capital Equipment 11,100.00 Econ Development Booth 11,022.82 Subtotal 11,022.82 101-402-605-542 AB 939 Recycling Programs 6,500.00 Keep LQ Clean Gamby Stickers 6,341.09 Subtotal 6,341.09 RDA Budget 405-902-643-XXX Economic Development Marketing 16,700.00 406-905-643-XXX Economic Development Marketing 33,300.00 Econ Dev Informercial & Commercial Preparation 16,337.60 Econ Dev Infomercial-TV Time 8,700.00 Econ Dev Commercial -TV Time 10,000.00 Econ Dev Print Advertising 10,000.00 Econ Dev Print Ad Preparation 709.80 Subtotal 45,747.40 K/G Contract Amount Fiscal Year 1999-2000 $217,481.35 Amount Budgeted in Fiscal Year 1999-2000 Preliminary Budget $226,100.00 ATTACHMENT 2 Marketing Budget FY 1999-2000 by Marketing Program Taste of La Quinta Event & Advertising 16,806.90 Dine/Shop La Quinta Card 5,952.35 Dine La Quinta Media 31,200.00 Golf Cart Parade Float 2,497.94 Festival of Lights Parade Float 1,140.00 Date Festival Parade Float 840.00 Live La Quinta 10,000.00 Holiday in the Village Event & Advertising 21,330.00 Seasonal Events Signage 6,576.72 Economic Development Booth 11,022.82 Promotional Items-Gamby 6,341.09 Economic Development Infomercial & Commercial Preparation 16,337.60 Economic Development Infomercial & Commercial TV Time 18,700.00 Economic Development Print Advertising 10,000.00 Economic Development Print Ad Preparation 709.80 Collateral Materials 10,026.13 Subtotal Programs 169,481.35 Retainer 48,000.00 Total FY 1999-2000 Marketing Program 217,481.35 007 T,&t 4 4 Q9mZ COUNCIURDA MEETING DATE: July 6, 1999 Consideration of Marketing Plan and Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: ATTACHMENT 3 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Kiner/Goodsell's proposed marketing budget for Fiscal Year 1999-2000 is $217,500. This amount includes a retainer of $4,000 per month; therefore, the amount allocated to marketing programs is $169,500. The Fiscal Year 1999-2000 Preliminary Budget includes sufficient funding to support this request, as outlined in the Marketing Budget included as Attachment 1. The marketing budget for Kiner/Goodsell was $154,885 for seven months (December — June) of Fiscal Year 1998-99. This amount included a retainer of $3,750 per month, with the remaining $128,635 allocated to marketing programs. CHARTER CITY IMPLICATIONS: The City Charter allows the City to utilize revenues from the general fund to encourage, Support and promote economic development. The services provided by Kiner/Goodsell v,,�.il encourage, support and promote economic development. BACKGROUND AND OVERVIEW: Kiner/Goodsell has met with staff and prepared the attached Fiscal Year 1999- 2000 Marketing Plan for City Council consideration (Attachment 2). The primary marketing programs included in the Marketing Plan are Dine La Quinta, Live La Quinta, Business Attraction and Community Events. The Marketing Plan includes numerous tasks that will require significant oversight and management effort. These tasks include, but are not limited to: • preparing promotional materials, print ads, an economic development television commercial, an economic development television infomercial, and press releases; • coordinating special events including Dine La Quinta and Holiday in the Village; • coordinating Live La Quinta; and • designing and creating an economic development booth/display. Section 3.32.050 of the Municipal Code allows for the City Council to "authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." A Contract Service Agreement for Kiner/Goodsell to provide marketing services for Fiscal Year 1999-2000 has been drafted, and is attached for the City Council's review (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Marketing Plan as submitted by Kiner/Goodsell Advertising and authorize the Mayor to execute the attached Contract Services Agreement for an amount not to exceed $217,500; or 2. Approve the Marketing Plan with changes and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount not to exceed $217,500; or 3. Do not approve the Marketing Plan and do not authorize the Mayor to execute the attached Contract Services Agreement; or 4. Provide alternative direction to staff. Respectfully submitted, 6' oI 9 fil,d -0 Lid Coyle, Manage e t Analyst City Manager's Office Approved for submission by: r Thomas P. Genovese, City Manager Attachments: 1 . Fiscal Year 1999-2000 Marketing Budget 2. Fiscal Year 1999-2000 Marketing Plan 3. Contract Services Agreement `) 10 ATTACHMENT 4 KINER Go o,bS E L L A D V E R T I S I N G Overview The City of La Quinta is looking to continue the momentum created by current projects ' such as Dine La Quinta , Gamby, the economic development campaign (print, TV and collateral materials), the historical video and Gamby. Upcoming projects should continue to advance the image of the City, support and attract businesses, and help to Iimprove the quality of life for its residents. f Objectives • Create programs/events that capture the flavor of La Quinta and translate it to tangible results. ' • Maximize the publicity the City receives as a result of such efforts. • Build upon the existing programs. • Support existing businesses. • Continue to build upon La Quinta's reputation as an art community. • Help diversify La Quinta's reputation beyond golf and art. • Create events that will showcase La Quinta's unique lifestyle and add to the desirability for those considering relocating or opening a business. ;; 4 b 4A� Tactics Community Events Create and build upon the following events to create four seasonal events: March - Arts Festival La Quinta revels during this time period as one of the country's best art festivals returns. May- Community Month Highlighted by a community picnic in May, Spring is when La Quinta residents take special pride in being members of the community. September/October - Taste of La Quinta This event will either be held in conjunction with the Mariachi Festival, Oktoberfest, or on its own in October. It will be designed to showcase and highlight the restaurants of La Quinta; this event will be open to the public. Proceeds would benefit the participating restaurants, with perhaps a portion going to a non-profit organization in exchange for manpower at the event. This event will serve as a kickoff for the Dine La Quinta promotion. November/December - Holiday in the Village A giant tree of lights will be set up in the city -owned lot adjacent to the Village for the week before Christmas. Surrounding the tree will be small structures to house specific activities including Santa's House, a letter writing and mailing activity, and other customs and traditions. Selected restaurants will also be invited to participate to sell appropriate food and drink. Sponsors will be solicited to help underwrite the cost of the various activities such as Toys R Us for Santa's House and the Post Office for the letter writing. `47 Kiner/Goodsell will also develop ways to create an "icon" program which will help mark each seasonal event. Just as the Bob Hope Chrysler Classic marks its arrival each year with banners, the City of La Quinta will "mark" each seasonal event with the placement of an item which symbolizes the event. This might include a candy cane to represent the Holiday in the Village, or a quail silhouette to represent the community month. These icons can be placed at major intersections and at City Hall. Smaller versions could be reproduced as banners attached to light fixtures. A detailed program with related costs will be developed and presented. Depending upon budget constraints, implementation of this program may be deferred to next year. (Implementation of this program may require modifications to the sign ordinance.) Dine La Quinta Expand the Dine La Quinta program with the use of a card rather than a coupon book. Program participants will be able to just show their card to receive discounts. • Will allow program to be year round • Will allow restaurants more flexibility • Will allow retailers to participate as well Live La Quinta Run Live La Quinta ads during weekends when holidays and big events such as the Bob Hope Chrysler Classic and Skins Game are occurring to encourage visitors to look at homes in La Quinta while they are in the Valley. l�14 Economic Development Campaign Continue economic development activities with the creation of a new infomercial, TV commercial and print ad. • The infomercial will be an overview of the City, its lifestyle and history. However, the primary focus will be on development opportunities. The infomercial and the TV commercial will be broadcast some in the market to reach business owners while they are here for the major season/leisure activities. However, the infomercial and the commercial will also be placed in specially selected cable systems in targeted areas throughout the Inland Empire and Orange County. The video will also be duplicated and used as a fulfillment item when interest has been expressed, or when a prospect has been deemed very desirable. • A new print ad will be created and run in regional business publications. Gamby the Quail Gamby will participate in the following community activities with a parade float, which will be customized for him. It will take the shape of a quail's nest with a ramp down the back for access. It will be powered by a modified golf cart. • Golf Cart Parade (Palm Desert, the first Sunday in November) • Festival of Lights Parade (Palm Springs, in December) • Date Festival Parade (Indio, on Columbus Day) `' f A "platform" will also be created for Gamby which emphasizes recycling to help reinforce AB 939 programs. Kiner/ Goodsell will create stickers and other collateral materials for giveaways during Gamby's appearances and through schools. Can be expanded with special programs to reward recyclers at schools, businesses, residences, etc. Coordination will be done with Waste Management to ensure facets of programs do not duplicate. Economic Development Booth/Display Update the City's economic development booth display for use at the NAFTA show, ICSC, the Date Festival, the Business Expo and other relevant shows and events. Collateral Materials The City's economic development collateral materials will be updated and reprinted as needed. Public Relations As part of the retainer, Kiner/Goodsell will continue to provide public relations services through writing and distributing press releases on issues and events within La Quinta. In addition, all coordination, account services and meetings are provided for through the retainer. 'JIa Summary These programs position the City of La Quinta as a community which cares about its residents and welcomes new businesses and individuals to enjoy the same quality of life. Several of these events will bring people from out-of-town to support existing hospitality venues in the City while exposing them to all La Quinta has to offer. �� r ATTACHMENT 5 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and KINER/GOODSELL ADVERTISING (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to implementing a marketing and public relations program for the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). The Marketing Plan submitted by Kiner/Goodsell outlines specific components of the marketing and public relations program and is attached hereto as Exhibit "B" and incorporated herein by this reference. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the per{armance of the services required by this Agreement. Contractor shall have the sile obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions Page 2 attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Correction of Work. The performance of services or acceptance of information furnished by Contractor shall not relieve the Contractor from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Contractor on demand without cost to the City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of two hundred seventeen thousand, five hundred dollars ($217,500), (the "Contract Sum"), except as provided in Section 1.7. The Contract Sum includes payment of the Contractor's Monthly Contractor Fee as provided in Section 2.2. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $4,000 per month to implement the City's marketing and public relations program, for a total of $48,000 through the Term of this Agreement. The Monthly Contractor Fee covers at least fifty (50) account service hours per month. These hours include basic account service including, but not limited to, client meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating PR r J J 0 'j19 Page 3 opportunities, media relations, media placement, research, and production management. The Monthly Contractor Fee includes the writing and distribution of an average of four (4) local press releases per month. The Monthly Contractor Fee covers meetings to include at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor shall track all account services hours for this project and submit a list of account services hours and the associated tasks/work completed as part of a Monthly Status Report, as described in Section 2.7, to the Contract Officer by the 25'h of each month throughout the Term of this Agreement. Prompt and complete submission of the Monthly Status Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee. 2.3 Costs for Marketing Plan Items. The Marketing Plan (Exhibit"B") submitted by Kiner/Goodsell outlines specific components of the City's marketing and public relations program. The amount paid to Contractor shall not exceed $169,500 for Marketing Plan items through the Term of this Agreement. The Marketing Plan includes cost estimates (plus or minus 10%) for graphic design, production, photography, etc. for all items contained in the Marketing Plan. These cost estimates shall remain in effect through the Term of the Agreement. Marketing Plan items will be invoiced separately based on the cost estimates included in the Marketing Plan. Cost overruns greater than the 10% included in the cost estimates must be approved by the Contract Officer prior to work commencing in order for full payment of work to be received by Contractor. 2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate prices for vendor services. Vendor will be charged to the City at cost plus 20% to cover time and administrative costs. Vendor services include printing, talent, video and studio time. Vendor invoices shall be included with Contractor invoices in order to receive reimbursement. 2.5 Account Services Expenses. Contractor shall invoice account service expenses at cost, with no markup. These expenses include postage, long- distance telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract Officer (i.e. representation of City at a trade show outside of the Coachella Valley). Normal costs of doing business are ahsorbed in the Monthly Contractor Fee. _ 2.6 Additional Graphic Design and Production. The Marketing Plan includes cost estimates (plus or minus 10%) for graphic design, production, photography, etc. for all items contained in the Marketing Plan. Additional graphic design and production will be billed at the rate of $85/hour. Any production that is not included in the Marketing Plan will be estimated by the Contractor and approved by the Contract Officer In advance of work commencing. Such work will be authorized as described in the Section 4.8 of this Agreement. Page 4 2.7 Monthly Status Reports and Budget Updates. By the 25" day of each month throughout the Term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcomingmonth; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.8 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, (3) indicate the total expenditures to date, and (4) the total amount remaining to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 3.4. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. j J) ) Page 5 3.3 Force Maieure. The time period specified in the Section 3.4 for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect from July .6, 1999 through June 30, 2000. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Lee Goodsell, Principal It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor's Project Managers. Scott Kiner and Lea Goodsell shall through the duration of the Agreement term act as the Contractor's Project Managers for services required under this Agreement. Mr. Kiner and/or Ms. Goodsell shall attend all meetings with the City, answer phone calls from City, and act as the City's "point person" for this project. As Project Managers, Mr. Kiner and Ms. Goodsell are providing extraordinary and unique services to the City that cannot be replaced or adequately compensated in money damages, and thus any unilateral assignment of the rights and duties of Klner/Goodsell and/or Scott Kiner end/or Lea Goodsell will cause irreparable Page 6 injury to the City. Therefore, the Contractor agrees that in the event of any assignment, change of ownership, merger, or change in partnership arrangement and/or Scott Kiner or Lea Goodsell is no longer with the Contractor for any reason, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.3 Project Management of Scooe of Services. Once task authorization is received, the Contractor shall have the sole and full responsibility for all aspects of project management and implementation of all programs and tasks including, but not limited to, the Dine La Quinta program, Live La Quinta program, business attraction program, and community events program. Such project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. All economic development leads shall be referred to the City Contract Officer for follow up. 4.4 Contract Officer. The Contract Officer shall be the Assistant City Manager of the City or such other person as may be designated by the Assistant City Manager of the City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City the entire Agreement at the City's sole discretion shall be rendered null and void, ar, : shall discharge any and all duties which the City has under this Agreement. l)'3 Page 7 4.6 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.7 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 4.8 Task Authorization. The approval of the Marketing Plan by the City Council and/or the execution of this Agreement by the parties hereto does not constitute an authorization to proceed with the work specified in said Agreement. The Contract Officer shall separately authorize Contractor to proceed on the tasks in the bi-weekly in -person meetings. Contractor shall have no claims for compensation for services on all or part of any work task upon which the Contract Officer has not authorized Contractor to proceed. 4.9 No Changes to Work Required. Contractor shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by City. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to Contractor by City as provided for in Sections 1.7 and 9.3 of this Agreement. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its exe ;ution of this Agreement, public liability and property damage insurance against c.i claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services Page 8 hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability'of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any JD) ci 5 Page 9 of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. By the 25' day of each month throughout the term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of b- -dget remaining. The Monthly Status Report and Budget Update must be received F i order to process payment of Monthly Contractor Fee and/or other invoices submitted by _ Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. Page 10 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors or agents in the performance of this Agreement including but not limited to taglines, mascot, mascot name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork, transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials, photography, photo library, graphics, web site design and artwork, and other written or graphic documents and exhibits; shall, upon payment by City for same, be the property of the City. Such items shall include any and all drafts, designs, mockups, drawings and completed materials. During the term of the Agreement, these materials, other than printed collateral materials, will generally remain on Contractor premises under City ownership. Such materials owned and paid for by the City shall be used exclusively in Contractor work for the City. Contractor shall not use City owned materials for any other purpose or client without prior, express written authorization from the Contract Officer. Upon the termination of this Agreement or upon earlier request of the Contract Officer, all above -listed materials shall be delivered to City, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the materials hereunder. Contractor shall cause all subcontractors and vendors to assign to the City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information rec.,rding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising E Page 11 out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to .submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the pri ties are cumulative and the exercise by either party of one or more of such rights or s-emedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. i} 2 Page 12 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 1 1.)29 Page 13 Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 No Future Conflict of Interest. While under contract to the City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes. Such action will be deemed a conflict of interest and the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. City at its sole discretion shall determine whether an action is deemed to be a conflict of interest. 8.4 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 11 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Mark W@igg, Aggimant City Manager Page 14 To Contractor: Kiner/Goodsell Advertising 73-101 Highway 111, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: CITY OF LA QUINTA: THOMAS P. GENOVESE, City Manager "CITY" Al SAUNDRA L. JUHOLA, Secretary APPROVED AS TO FORM: DAWN C. HONEYWELL, City Legal Counsel KINER/GOODSELL: Dated: By: Name: Title: Page 15 "CONTRACTOR" u��1i EXHIBIT "A" SCOPE OF SERVICES 1999-2000 Contractor shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at least fifty (50) account service hours per month to include: • Full responsibility for all aspects of project management and implementation of all programs and tasks listed in the Marketing Plan, including, but not limited to, the Dine La Quinta program, Live La Quinta program, business attraction program, and community events program. • Project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. • Basic account services • Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks • Strategic planning • Budgeting • Investigating public relations opportunities • Media relations • Media placement • Research • Production management • An average of four (4) local press releases per month • Tracking of account services hours • Completion of Monthly Status Reports to include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. • Completion of Monthly Budget Updates to include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. @)33 • Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer. • Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City. • Assure timely delivery of work items. !_i34 ATTACHMENT 6 KINER / G SELL A D V E &PT Ar S I N G Marketing Plan Addendem Kiner/Goodsell was charged with marketing the City of La Quinta. As such, the City of La Quinta requires development of the "brand". A city is not just information and statistics. Cities have reputations, personalities, perceptions. What kind of "brand" is the City of La Quinta? We believe we would be remiss in our duties if we were to simply market the facts without working to enhance the brand identity of the city. Enhancing the city's brand identity is central to being successful at marketing it. As we all agree, there are several _ target markets when "selling" the city. They include: • Current residents - Certainly your constituency is crucial not only as your primary responsibility, but as a tremendous source of referrals for other individuals and business owners looking to relocate to La Quinta. • Potential residents - Whether they are relocating from within the Coachella Valley or from outside the. area, new residents will help shape the future of the city. Are they optimistic and pleased about what the City is providing, and looking forward to participating in a "community" or are they simply drawn by housing values or a good location? • Current Businesses - Business retention and support is crucial as the City depends on tax revenues and good referrals to potential new businesses. • Potential New Businesses - How does a business owner decide to �� } relocate to an area and bring his or her family? Knowing there is a 73-101 Hwy. 111, Suite 4 Palm Desert, California 92260 760.773-0290 fax 760-773.1750 0 0 0 0 3 5 good economic climate for their business is but one factor. Were they first drawn by an event? Do they come for recreation? Did they see a commercial and decide to visit? Do they have a friend who lives in the city and convinces them it's a great place to live and work? • Potential New Shoppers/Diners - It's great to tell people what's available and wait for them to come, but a special reason which brings them to the area increases the odds they will visit and return. Kiner/Goodsell is working to improve the "product" while at the same time marketing it. Creating events like Holiday in the Village serve many purposes. They help give residents a strong sense of community, they draw people from outside the city to the area, and they present an opportunity for regional and state-wide press coverage. We believe there is a real opportunity to help fill a void in holiday events in the Coachella Valley. Besides the Trail of Lights at The Living Desert, the one -day Festival of Gingerbread Houses and the informal "event" of Minerva Street, there are no large scale planned activities in which families and individuals can participate. Kicking off the Dine La Quinta program with an event designed to showcase the participating restaurants also helps this program create a larger "footprint" in the mind of the public. Moving the program from a one-time use coupon book to a card which is valid year round also allows the restaurants to build upon customer frequency and ma► 3s it possible for retailers and others to participate. s In regards to the Arts Festival and the Community Picnic, Kiner/Goodsell is simply exploring ways to create city signage to support these events. They are included to show how the City of La Quinta has the opportunity to "showcase" itself to residents, visitors and media on a "quarterly" basis. 3,4 ) 000036 T4-ht 4 4 Qum& COUNCIL/RDA MEETING DATE: July 20, 1999 ITEM TITLE: Adoption of a Resolution of the City Council Authorizing the City Manager to Extend Supple- mental Retirement Benefits Provided by the Public Agency Retirement System(PARS) on a One Time Basis RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Is STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing the City Manager to extend supplemental retirement benefits provided by the Public Agency Retirement System (PARS) on a one time basis. FISCAL IMPLICATIONS: The Public Agency Retirement System offers a supplementary retirement plan for public agencies. The amount paid to the plan will be approximately $34,407 plus an administrative fee. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has the opportunity to extend supplemental retirement benefits through PARS for an employee if it is deemed in its best interest. The Public Employees Retirement System has provided an estimated calculation of $34,407 to the City Clerk for the purchase of seven (7) years of service credit. With the approval of this Resolution, this amount will be placed in a trust account through PARS. PARS will pay this amount to the Public Employees Retirement System which will purchase the seven (7) years of service credit. This plan will allow the City Clerk to recapture previous public service years that were not covered under the Public Employees Retirement System. Arrangements for the purchase of the unpaid service years must be made prior to the City Clerk's retirement. This is of benefit to the employee because it provides the amount required to purchase these years of service credit without the tax liability. It is intended that the City participate in this plan on a one time basis. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council authorizing the City Manager to extend supplemental retirement benefits provided by the Public Agency Retirement System on a one time basis; or 2. Do not adopt a Resolution authorizing the City Manager to extend supplemental retirement benefits provided by the Public Agency Retirement System on a one time basis; or 3. Provide staff with alternative direction. Respectfully submitted, John Ruiz, Persona. 1/Risk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Plan Document 2. Trust Agreement 3. Service Agreement 1� 02 CITY COUNCIL OF THE CITY OF LA QUINTA RIVERSIDE COUNTY, CALIFORNIA RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AUTHORIZING A SUPPLEMENTARY RETIREMENT PLAN PROVIDED BY THE PUBLIC AGENCY RETIREMENT SYSTEM WHEREAS, the City Council has determined that it is in the best interests of the City of La Quinta ("City") and its employees to provide a retirement incentive offer to eligible employees who wish to voluntarily exercise their option to separate from City service; and WHEREAS, the City is a member of the Public Employees Retirement System ("PERS"), and PERS makes available to City employees substantial retirement benefits; and WHEREAS, the City is eligible to be a member of the Public Agency Retirement System ("PARS"), and PARS offers a Supplementary Retirement Plan, as a retirement incentive, to supplement PERS and qualifying under relevant sections of the Internal Revenue Code. NOW, THEREFORE, the City Council of La Quinta resolves as follows: 1. The City Council hereby adopts the PARS Trust ("Trust') effective July 20, 1999 and the PARS Supplementary Retirement Plan ("Plan"). 2. The City Council hereby appoints the City Manager to be the Plan Administrator for the Plan and Trust, and to implement the Plan. 3. The City Manager is hereby authorized to execute the documents on behalf of the City and to take whatever additional actions are necessary to maintain the participation of the City in the Plan and l"rust. AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA, COUNTY OF RIVERSIDE , the City Council of the City of La Quinta of Riverside County, California, hereby certifies that the above and foregoing resolution was duly and regularly adopted by the said Council at a regular meeting thereof held on the and passed by a vote of the said Council. IN WITNESS WHEREOF I have hereunto set my hand seal this Secretary of the City Council 003 ATTACHMENT 1 City of La Quinta Public Agency Retirement System Supplementary Retirement Plan July 20, 1999 PLAN DOCUMENT F\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).doc TABLE OF CONTENTS Article Page I. Recitals 3 II. Definitions 4 III. Eligible Employees 9 IV. Benefits 10 V. Contributions 20 VI. Investments 21 VII. Vesting 22 Vill. Administration 23 IX. Miscellaneous 24 3 a' h F\LANCE\PARS_SRP\CLIENTS\LaQuinla\Plan Document (Version 2).doc { ARTICLE I RECITALS WHEREAS, the City of La Quinta ("Employer") has adopted the California Public Employees Retirement System ("PERS"), a tax qualified retirement plan maintained by the State of California for the benefit of eligible employees, and WHEREAS, the Employer has determined it is in the best interest of the Employer to provide supplemental retirement benefits to employees who participate in PERS and who meet the age, service and other requirements specified herein, NOW THEREFORE IT IS: RESOLVED, the provisions contained herein, hereafter called the City of La Quinta Public Agency Retirement System Supplementary Retirement Plan ("Supplement") are adopted along with the provisions of the Public Agency Retirement System Trust ("Trust") to provide supplemental retirement benefits to eligible employees of the Employer. These benefits shall be in addition to the benefits employees would otherwise receive from PERS, further, RESOLVED, the provisions of the Supplement and Trust shall establish multiple trusts of that single plan. F:\LANCE\PARS. SRP\CLIENTS\LaQuinta\Plan Document (Version 2).doc '3 ! 07 ARTICLE II DEFINITIONS 2.1 'Plan Administrator' means the individual designated by the Employer to act on behalf of the Employer in all matters relating to the Supplement and the Trust. 2.2 `Beneficiary' means any person or persons, other than the Employer or the Trustee, designated by a Participant to receive any benefits which may be due upon the Participant's death. The Beneficiary of a married Participant shall be the Spouse of the Participant and may not be changed unless Spousal Consent is obtained. 2.3 'Code' means the Internal Revenue Code. 2.4 'Compensation' means all compensation for the Plan Year paid in cash by the Employer to an Eligible Employee for personal services. This definition of "Compensation" shall be subject to the following: (a) Compensation shall not include any amounts paid by reason of services performed on or after the date on which an Employee ceases to be an Employee. (b) Compensation shall not include, with respect to any Employee, in any Plan Year (or such other applicable period specifically designated in this Supplement), any compensation in excess of $200,000 as adjusted, in Plan Years beginning before January 1, 1994 and no more than $150,000 (as adjusted) in Plan Years beginning on or after that date. (c) For purposes of the Highly Compensated Employee and Family member definition: (1) Compensation shall mean total compensation as defined herein without regard to contributions made under Sections 125, 402(e)(3), 402(h)(1)(B) and, in the case of employer contributions made pursuant to a salary reduction agreement, 403(b) of the Code. (2) Compensation paid to a Participant for any Plan Year shall include all Compensation for that Plan Year paid to any Family Member (hereafter defined) who is a Participant in this Supplement during such Plan Year. P:\LANCE\PARS_SRP\CLIENTS\Lapuinta\Plan Document (Version 2).doc 4 (3) For purposes of applying the annual compensation limit under Section 401(a)(17) of the Code, the family unit of an Employee, who is either a 5% owner or is both a highly compensated employee and one of the ten most highly compensated employees, will be treated as a single employee with one compensation, and except for the purpose of determining Compensation below the plan's integration level, if applicable, the annual compensation limit will be allocated among the members of the family unit. The allocation will be made by allocating a portion of the total amount to be allocated to the Employee which is the same ratio to the total amount to be allocated as the ratio that the Compensation of the Employee bears to the total Compensation of all the Employees who are aggregated for purposes of this section. For this purpose, a family unit is the Employee who is a 5% owner or one of the ten most highly compensated Employees, the Employee's Spouse, and the Employee's lineal descendants who have not attained age 19 before the close of the year. 'Highly Compensated Employee' means any Employee who performed service for the Employer during the Determination Year who is described in one or more of the following groups: (A) a 5% owner, as defined in Section 416(I)(A)(iii) of the Code at any time during the Determination Year or in the Look Back Year, or (B) receives compensation in excess of $75,000, (indexed in accordance with Section 415(d) of the Code) during the Look Back Year, or (C) received compensation from an Employer in excess of $50,000 (indexed in accordance with Section 415(d) of the Code) during the Look Back Year and is a member of the top paid group for the Look Back Year, (D) is an officer, within the meaning of Section 416(i) of the Code during the Look Back Year and who receives compensation in the Look Back Year greater than 50% of the dollar limitation in effect under Section 415(b)(1)(A) for the calendar year in which the Look Back Year begins, or (E) is both described in paragraph (B), (C), or (D) above when these paragraphs are modified to substitute the Determination Year for the Look Back Year and one of the 100 employees who receives the most compensation from the Employer during the Determination Year. The Determination Year is the Plan Year for which determination of who is highly compensated is being made. jt F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Verson 2).doc C J 'Look Back Year' is the 12 month period immediately preceding the determination Year. The top paid group consists of the top 20% of Employees ranked on the basis of compensation received during the year. For purposes of determining the number of employees in the top paid group, employees described in Section 414(q)(8) and Q. & A. 9(b) of Section 1.414(q)-IT of the regulations are excluded. The number of officers is limited to 50 (or, if lesser, the greater of 3 employees or 10% of employees) excluding those employees who may be excluded in determining the top paid group. When no officer has compensation in excess of 50% of the Section 415(b)(1)(A) limit, the highest paid officer is treated as highly compensated. Compensation is compensation within the meaning of Section 415(c)(3) including elective or salary reduction contributions to a cafeteria plan, cash or deferred arrangement or tax-sheltered annuity. Employers aggregated under Section 414(b), (c), (m) or (o) shall be treated as a single employer. 'Family Member' shall mean an Employee who is, on any one day of the Plan Year, a spouse, lineal ascendant, lineal descendant, or a spouse of an ascendant or descendant, including a legally adopted individual, of an individual who during the Plan Year was: (A) an active or former Employee and a five percent (5%) owner within the meaning of Section 416(i)(1)(B)(i) of the Code and the regulations thereunder, or (B) one of the ten most highly paid Highly Compensated Employees. 2.5 'Effective Date' means July 20, 1999. 2.6 'Eligible Employee' means any Employee who, pursuant to the provisions of Article III, is eligible for benefits under this supplement. 2.7 'Employee' means an employee of the Employer. 2.8 `Employer' means the City of La Quinta, a public agency that has adopted this Supplement subject to the terms of the Trust. 3� F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).doc 6 2.9 'Final Pay' means the 1998-99 annual Compensation subject to PERS deductions. 2.10 'Hour of Service' means: (a) Each hour for which an Employee is paid, or entitled to payment, for the performance of duties for the Employer during the applicable Plan Year. (1) Each hour for which an Employee is paid, or entitled to payment, by the Employer (irrespective of whether the employment relationship has terminated) on account of a period of time during which no duties are performed due to vacation, holiday, illness, disability, layoff, jury duty, military duty or a paid leave of absence during the applicable Plan Year. (2) For purposes of paragraph (1) above a leave of absence shall include the absence of an Employee due to pregnancy of the Employee, birth of a child of the Employee, placement of a child with the Employee in connection with the adoption of such child by the Employee or the caring for such child for a period beginning immediately following such birth or placement. If the normal number of Hours of Service cannot be determined for an Employee who is on sick leave or absence as described in this paragraph (2) then eight Hours of Service for each day while the Employee is absent shall be used. (b) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer. 2.11 'Normal Form of Benefit' means an annuity paid in equal fixed monthly payments over the life of the Participant. 2.12 'Normal Retirement Age' means age 55. 2.13 'Optional Form of Benefit' means an annuity paid in equal fixed monthly payments over the life of the Participant and with equal fixed monthly payments continued over the life of the designated Beneficiary if the Beneficiary is living at the death of the Participant. 2.14 'PARS' means the Public Agency Retirement System. 2.15 'Participant' means an Eligible Employee who has retired under PERS. 2.16 'PERS' means the California Public Employees' Retirement System. :3 J: F:\LANCE\PARS_SRP\CLIENTS\LaQuinla\Plan Document (Version 2).doc 7 2.17 'Plan Year' means a period of twelve (12) consecutive months commencing July 1 and ending June 30. 2.18 'Public Agency' means a State, a political subdivision of a State, and any agency or instrumentality of a State or political subdivision of a State. 2.19 'Spouse' means the person to whom the Participant is married as of the earlier of the date on which the Participant's benefits commence or the date of the Participant's death. To the extent provided in any qualified domestic relations order a Participant's former Spouse may be treated as the surviving Spouse for purposes of this Supplement. 2.20 'Spousal Consent' means a written election signed by the Spouse to name someone other than the Spouse as Beneficiary and which names the non - Spouse Beneficiary. Such written election shall be witnessed by a Plan representative designated by the Administrator or a notary public and shall acknowledge the effect of such election on the rights of the Spouse. 2.21 'Supplement' means the City of La Quinta Public Agency Retirement System Supplementary Retirement Plan as adopted by the Employer on the Effective Date, the provisions of which are contained herein. 2.22 'Trust' means the Public Agency Retirement System Trust. 2.23 'Trustee' means the trustee of the Trust. 2.24 'Year of Service' means a period of twelve (12) consecutive months coinciding with the Plan Year. 081 F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2) doc 8 ARTICLE III ELIGIBLE EMPLOYEES 3.1 An Employee shall be eligible to receive benefits under this Supplement if he: (a) is the City Clerk employed by the Employer as of July 20, 1999, (b) is at least fifty (50) years of age; (c) is eligible to retire under PERS; (d) has completed at least five (5) or more years of full-time employment with the Employer; (e) has terminated employment with the Employer on or before September 15, 1999; and (f) has applied for benefits under this Supplement. 3.2 An Employee shall not be eligible to receive benefits under this Supplement if he is accruing credit for benefits under another defined benefit plan to which the Employer contributes. 3.3 An Employee shall begin participation the first of the month following the time he becomes eligible for benefits under this Article III. F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).doc 9 7 IJ1.3 ARTICLE IV BENEFITS 4.1 Subject to the provisions of Section 4.3, the monthly amount of benefit shall be equal to the Normal Form of Benefit which is equivalent to a lump -sum contribution of $34,407.78 upon resignation from the Employer or $7,705.93 paid annually for five years upon resignation from the employer (hereafter, the "Supplemental Benefit"). 4.2 Form of Payment (a) The Supplemental Benefit shall be paid in the Normal Form of Benefit. (b) At the option of the Participant, the Supplemental Benefit shall be paid in an Optional Form of Benefit. (c) At the option of the Participant, and with the agreement of the Administrator, and upon completion of a form provided by the Administrator, the Benefit shall be paid in any other form which is actuarially equivalent to the Normal Form of Benefit. (d) The Participant's election of a form of benefit shall become irrevocable upon the Participant's retirement. (e) The Participant's designation of a Beneficiary for a benefit paid in the Optional Form of Benefit shall become irrevocable upon the Participant's retirement. 4.3 The monthly benefit payable to a Participant under this Supplement at any time will not exceed: (a) $7,500 (the "Dollar Limitation") or (b) 100% of the Participant's average monthly compensation as defined in Section 1.415-2(d) of the Income Tax Regulations during the three consecutive calendar years when the total compensation paid to him was the highest (the "Compensation Limitation") subject to the following: �83 F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2),doc q O 1 �)14 (1) The maximum shall apply to the pension payable to the Participant either as a joint and survivor pension or pursuant to an option where the contingent annuitant is the Participant's spouse; but if the pension is payable in a form other than the foregoing and other than the single -life pension, the maximum shall apply to the single -life pension which is the actuarial equivalent of such pension. (2) If benefits begin prior to a Participant's Social Security Retirement Age (as defined in Code Section 415(b)(8)), the Dollar Limitation applicable to such pension shall be equal to the actuarial equivalent of the Dollar Limitation where the Dollar Limitation is deemed to be a pension commencing at the Participant's Social Security Retirement Age. (3) If a pension begins after age 65, the maximum Dollar Limitation shall be the actuarial equivalent of the Dollar Limitation where the Dollar Limitation is deemed to be a pension commencing at Social Security Retirement Age. Solely for the purposes of this subsection (3) and subsection (2) above, the interest rate assumption shall be equal to 5%. (4) If the Participant has fewer than 10 years of plan participation, the Dollar Limitation and the $10,000 minimum limitation shall be multiplied by a fraction, the numerator of which is the number of years (computed to fractional parts of a year) of participation, and the denominator of which is 10. If the Participant has fewer than 10 Years of Service the Compensation Limitation shall be multiplied by a fraction, the numerator being the Participant's Years of Service (computed to fractional parts of a year) divided by a denominator of 10. (5) For all purposes of this Plan, the maximum Dollar Limitation of $7,500 shall be automatically increased as permitted by Treasury Department regulations to reflect cost -of -living adjustments. As a result of such an adjustment, a pension which had been limited by the provisions of this Section in a previous Plan Year may be increased with respect to future payments to the lesser of the adjusted Dollar Limitation amount or the amount of pension which would have been payable under this plan without regard to the provisions of this Section 4.3. Notwithstanding the foregoing, the otherwise permissible annual benefits may be further reduced to the extent necessary, as determined by the Employer, to prevent disqualification under Section 415 of the Internal Revenue Code which imposes the following additional limitations on the benefits payable to Participants who may also be participating in another tax qualified pension plan of the Employer. �6 F:\LANCE\PARS_SRP\CLIENTS\LaQutnta\Plan Document (Verson 2).ckx 11 015 If the Employer maintains, or at any time maintained, a qualified defined contribution plan covering any Participant, the sum of the Participant's Defined Benefit Fraction and Defined Contribution Fraction will not exceed 1.0 for any Limitation Year (Plan Year). For purposes of this section Compensation shall mean all of each Participant's compensation (as that term is defined in Code 415(c)(3)). For any Self -Employed Individual covered under the Supplement, compensation will mean Earned Income. Compensation includes only that compensation which is actually paid to, or included in the gross income of, the Participant during the "applicable period". For this purpose, except as specified to the contrary elsewhere in this document, the applicable period will be the Plan Year unless applicable law mandates a different period, in which case the applicable period will be such legally required period. The annual compensation of each Participant taken into account under the Supplement for any year will not exceed $150,000, as adjusted by the Treasury Secretary at the same time and in the same manner as under Code 415(d), except that the dollar increase in effect on January 1 of any calendar year is effective for years beginning in such calendar year. If compensation is determined on a period of time that contains fewer than 12 calendar months, then the annual compensation limit is an amount equal to the annual compensation limit for the calendar year in which the compensation period begins multiplied by the ratio obtained by dividing the number of full months in the period by 12. In determining the compensation of a Participant for purposes of this limit, the rules of Code 414(q)(6) will apply, except in applying these rules, "family" will include only the Participant's spouse and any lineal descendants of the Participant who have not attained age 19 before the close of the year. If, as a result of the application of these rules, the adjusted $150,000 limit is exceeded, then (except for determining the portion of compensation up to the integration level), the limit will be prorated among the affected individual's compensation determined under this section before this limit is applied. If compensation for any prior plan year is taken into account in determining the employee's contributions or benefits for the current year, the compensation for such year is subject to the applicable annual compensation limit in effect for that prior year. Defined Benefit Fraction: A fraction, the numerator of which is the sum of the Participant's projected annual benefits under all the defined benefit R\LANCE\PARS_SRP\CLIENTS\LaOuinta\Plan Document (Version 2).doc 12 1-16 plans (whether or not terminated) maintained by the Employer, and the denominator of which is the lesser of 125% of the dollar limit determined for the Limitation Year under Code 415(b) and (d) or 140% of the highest average compensation, including any adjustments under Code 415(b). Notwithstanding the above, if the Participant was a Participant as of the first day of the first Limitation Year beginning after December 31, 1986, in one or more defined benefit plans maintained by the Employer that were in existence on May 6, 1986, the denominator of this fraction will not be less than 125% of the sum of the annual benefits under such plans that the Participant had accrued as of the close of the last Limitation Year beginning before January 1,1987, disregarding any changes in the terms and conditions of the plan after May 5, 1986. The preceding sentence applies only if the defined benefit plans individually and in the aggregate satisfied Code 415 for all Limitation Years beginning before January 1, 1987. Defined Contribution Dollar Limitation: $30,000 or if greater, one-fourth of the defined benefit dollar limitation of Code 415(b)(1) as in effect for the Limitation Year. Defined Contribution Fraction: A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible employee contributions to all defined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Code 419(e), and individual medical accounts, as defined in Code 415(1)(2), maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of service with the Employer (regardless of whether a defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125% of the dollar limitation determined under Code 415(b) and (d) in effect under Code 415(c)(1)(A) or 35% of the Participant's compensation for such year. If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31,1986 in one or more defined contribution plans maintained by the Employer that were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this plan. Under the adjustment, an amount equal to the product of (i) the excess of the sum of the fractions over 1.0 times (ii) the denominator of this fraction, will be permanently subtracted from the qJ F\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).4oc 13 numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and is regarding any changes in terms and conditions made after May 5, 1986, but using the 415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. Employer: For purposes of this Article, Employer will mean the employer named herein and all members of a controlled group of corporations (as defined in Code 414(b) as modified by 415(h), all commonly controlled trades or businesses (as defined in 414(c) as modified by 415(h) or affiliated service groups (as defined in 414(m) of which the Employer is a part, and any other entity required to be aggregated with the Employer pursuant to regulations under 414(o). For purposes of the above limitation, all defined benefit plans of the Employer, whether or not terminated, are to be treated as one defined benefit plan and all defined contribution plans of the Employer, whether or not terminated, are to be treated as one defined contribution plan. (c) The annual benefit to which any Participant may be entitled to receive in the form of a straight life annuity, shall not exceed the lesser of $90,000 or 100% of the participant's highest three consecutive years average compensation (or fewer, if the participant does not have three consecutive years). (d) If a retirement benefit in any form other than a straight life annuity is offered, or if the Participant contributes or makes rollover contributions, then this benefit must be adjusted to a straight life annuity, beginning at the same age, which is the actuarial equivalent of such benefit. In order to determine actuarial equivalence of different forms of benefit payments, the interest rate assumption may not be less than the greater of 5 percent of the rate specified in the plan for determining actuarial equivalent for the particular form of retirement benefit. (e) If a retirement benefit is provided at or after age 62 but prior to the Participant's Social Security retirement age ("SSRA") then the benefit may not exceed an annual benefit of $90,000 reduced by (i) in the case of a participant whose SSRA is 65 , 5/9 of 1 % for each month by which benefits commence before the month in which the participant attains age 65, or (ii) in the case of a Participant whose SSRA is greater than 65, 5/9 of 1 % for each of the first 36 months and 5/12 of 1 % for each additional month (up to 24) by which benefits commence before the month in which the Participant attains SSRA. If the benefit began before age 62, the benefit must be limited to the actuarial equivalence 0 1 11 F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).doc 14 of the Participant's limitation for benefits commencing at age 62, with the reduced dollar limitation for such benefits further reduced for each month by which benefits commence before the month in which the Participant attains age 62. In order to determine actuarial equivalence for this purpose, the interest rate assumption used may not be less than the greater of 5% or the rate specified herein for determining actuarial equivalence for early retirement. SSRA is age 65 if the Participant was born before 1 /1 /38, age 66 if born before 1 /1 /55, and age 67 if born after 12/31 /54. (f) If benefits commence after Social Security retirement age ("SSRA"), the maximum dollar limitation on such benefit may be increased to an amount that is actuarially equivalent to the maximum dollar limitation on a benefit commencing at SSRA. The increased maximum benefit, however, must not exceed 100 percent of the Participant's high 3 year average compensation. The interest rate assumption used to determine actuarial equivalence for this purpose must be the lesser of 5% of the rate specified for determining actuarial equivalence herein for retirement after SSRA, and mortality may not be taken into account if there is no forfeiture upon death. (g) The limitations on benefits of Section 415(b) of the Code shall not apply where the total annual benefits payable to a Participant under this defined benefit plan and all other defined benefit plans of the Employer do not exceed $10,000 in the aggregate. Where a plan provides the $10,000 minimum limitation, the plan must provide that the minimum limitation is not applicable for a Participant whose employer maintains or has maintained a defined contribution plan in which such Employee participated. For purposes of the $10,000 minimum limitations the limitations shall be divided by a fraction which shall be: years of service with the employer as of and including the current limitation year divided by 10 and for purposes of the maximum dollar limitation the amount shall be multiplied by a fraction which shall be: years of participation with the employer as of, and including the current limitation year divided by 10. 4.4 Actuarial Equivalence (a) For the purpose of establishing actuarial equivalence between the Normal and Optional Form of benefit, the monthly amount of benefit payable under an Optional Form of Benefit shall be a fixed percentage of the monthly amount of benefit payable under the Normal Form of Benefit, as determined by the following table: mod.. F:\LANCE\PARS_SRP\CLIENTS\LaCuinta\Plan Document (Version 2).doc 15 19 J ! Participant naming a Beneficiary under Optional Form of Benefit (percentage payable) Age of Beneficiary 35 40 45 50 55 60 65 70 55 83.76% 84.87% 86.24% 87.85% 89.66% 91.58% 93.48% 95.22% 56 82.71 % 83.83% 85.23% 86.90% 88.80% 90.83% 92.86% 94.75% 57 81.60% 82.74% 84.17% 85.89% 87.87% 90.01 % 92.18% 94.23% 58 80.45% 81.60% 83.05% 84.82% 86.87% 89.13% 91.44% 93.65% 59 79.23% 80.39% 81.87% 83.68% 85.90% 88.17% 90.64% 93.02% 60 77.96% 79.13% 80.63% 82.48% 84.67% 87.14% 89.76% 92.31 % 61 76.63% 77.80% 79.31 % 81.19% 83.45% 86.03% 88.30% 91.53% 62 75.22% 76.40% 77.92% 79.83% 82.15% 84.83% 87.74% 90.67% Age of Participant 63 73.76% 74.93% 76.46% 78.40% 80.77% 83.54% 86.60% 89.72% 64 72.20% 73.40% 74.93% 76.89% 79.30% 82.16% 85.36% 88.68% 65 70.63% 71.80% 73.33% 75.30% 77.75% 80.69% 84.02% 87.54% 66 68.98% 70.13% 71.66% 73.63% 76.12% 79.13% 82.59% 86.30% 67 67.27% 68.41 % 69.93% 71.90% 74.41 % 77.48% 81.06% 84.95% 68 65.50% 66.63% 68.14% 70.11 % 72.62% 75.75% 79.43% 83.51 % 69 63.69% 64.80% 66.29% 68.25% 70.77% 73.94% 77.72% 81.97% 70 61.84% 62.93% 64.40% 66.35% 68.86% 72.06% 75.92% 80.33% Percentages shall be determined by month of age using straight-line interpolation between the figures provided therein. (b) For the purposes of establishing actuarial equivalence between the Normal Form of Benefit and other forms of benefit, as determined under 4.2(c), the mortality assumption shall be 1983 GAM with 6.00% interest per annum and 6.00% load, and the interest assumption shall be 6.00% per annum. The present value of benefits shall be equal based on these assumptions. 4.5 An employee who is a Participant will have his entire interest distributed in accordance with Section 401(a)(9) of the Code. A Participant's entire interest will be: (a) Distributed commencing not later than the required beginning date (in accordance with Internal Revenue Service regulations) and must be made over one of the following periods (or a combination thereof): (1) the life of the Participant, (2) the lives of the Participant and a designated Beneficiary, n F\LANCE\PARS_ SRP\CLIENTS\LaDuinta\Plan Document (Version 2).doc 16 `' (3) a period not extending beyond the life expectancy of the Participant, or (4) a period not extending beyond the life expectancy of the Participant and a designated Beneficiary. (b) The required beginning date for purposes of this Section shall be the April 1 st of the calendar year following the later of: (1) the calendar year in which the Participant attains age 701/2, or (2.) the calendar year in which the Participant retires. (c) For purposes of this Article, life expectancy of the Participant and life expectancy of the Participant and designated Beneficiary will be computed using the return multiples contained in Section 1.72-9 of the Income Tax Regulations. A Participant's life expectancy (and his Spouse's life expectancy) may not be recalculated. (d) Distribution of a Participant's interest will be made in accordance with Section 401(a)(9) of the Code and the provisions of such Code section will supersede any provision which may be inconsistent with such Code section. (e) If distribution is considered to have commenced in accordance with the Regulations before the Participant's death, the remaining interest will be distributed as least as rapidly as under the method of distribution being used as of the date of the Participant's death. If the Participant dies before the time when distribution is considered to have commenced in accordance with the Regulations, the method of distribution shall satisfy the following requirements: (a) any remaining portion of the Participant's interest that is not payable to a beneficiary designated by the Participant will be distributed within five years after the Participant's death; and (b) any portion of the Participant's interest that is payable to a beneficiary designated by the Participant will be distributed either (i) within five years after the Participant's death, or (ii) over the life of the beneficiary or over a period certain not to extend beyond the life expectancy of the beneficiary, commencing not later than the end of the calendar year following the calendar year in which the Participant died (or, if the designated beneficiary is the Participant's surviving spouse, commencing not later than the end of the calendar year following the calendar year in which the Participant would have attained age 701/2). 4.6 Distributions made to a Participant's designated Beneficiary under this Plan shall be incidental to the primary purpose of providing benefits to F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Verson 2)Aoc 17 .� 2 1 Participants and such distributions will be made in accordance with Section 401(a)(9) of the Code. 4.7 In no event shall the annuity commencement date of a Participant who becomes entitled to benefits under this Supplement be later than the 60th day after the close of the Plan Year in which the latest of the following events occurs: (a) The Participant reaches his normal retirement date; (b) The Participant qualifies for permanent and total disability; (c) The Participant terminates employment with the Employer. Notwithstanding the above, a Participant may make written application to the Administrator for a deferred annuity commencement date which may be the first day of any month subsequent to the latest date specified in (a), (b) or (c) above but in no event will such date be later than the required beginning date specified in this Article. 4.8 Direct Rollovers (a) This section applies to all distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this plan, a distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) Definitions (i.) Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). F:\LANCE\PARS_SRP\CLIENTS\LaDuinta\Plan Document (Version 2),dDc 18 (ii.) Eligible retirement plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, or a qualified trust described in Section 401(a) of the Code that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or an individual retirement annuity. (iii.) Distributee: A distributee includes an Employee or former Employee. In addition, the Employee's or the former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (iv.) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 4.9 All defined contribution plans (including voluntary employee contribution accounts in a defined benefit plan) and key employee accounts under a welfare benefit plan described in Section 419 of the Internal Revenue Code, as well as employer contributions allocated to an IRA of Employee, whether or not terminated, will be treated as one defined contribution plan for purposes of the limitations under Section 415(c) of the Code. If the Employer is a member of a controlled group of corporations or commonly controlled trades or businesses, or a member of an affiliated service group, within the meaning of Sections 414(b), (c), or (m) and 415(g) and (h) of the Code, all such employers shall be treated as a single employer for purposes of the Plan's application of the Code Section 415 limitations. F\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Verson 2).Wc �1 9 I ARTICLE V CONTRIBUTIONS 5.1 Forfeitures arising under the Supplement shall be applied to reduce Employer contributions. 5.2 All assets shall be held and used for the exclusive benefit of Eligible Employees and their Beneficiaries. 39"; P:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).doc 20 1'4 ARTICLE VI INVESTMENTS 6.1 Investment of Trust assets shall be governed by the following provisions as indicated by the initials of the Plan Administrator: (a) Yes No Pursuant to Section 4.1(a)(2) of the Trust, the Administrator hereby appoints the Trustee as the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. (b) Yes No Pursuant to Section 4.1(a)(2) of the Trust, and subject to the acceptance of the Trustee, the Administrator hereby appoints as the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. The following statement of investment policy shall govern the investment of the Trust assets, subject to the acceptance of such assets by the Trustee: (c) Yes No Pursuant to Section 4.1(a)(2) of the Trust, the Administrator shall remain the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. The following statement of investment policy shall govern the investment of the Trust assets, subject to the acceptance of such assets by the Trustee: F:\LANCE\PARS_SRP\CLIENTS\LaQuinta\Plan Document (Version 2).tloc 21 , J ARTICLE VII VESTING 7.1 Each Participant shall have a nonforfeitable right to his benefit under this Supplement upon meeting the requirements of Article III. 7.2 If the Plan's vesting schedule is amended or the Plan is amended in any way that directly or indirectly affects the computation of a Participant's nonforfeitable percentage, or if the Plan is deemed amended by an automatic change to or from a top heavy vesting schedule, each Participant with at least three years of service with the Employer may elect within a reasonable period after the adoption of the amendment or change to have his nonforfeitable percentage computed under the Plan without regard to such amendment or change Election Period. The period during which the election may be made will begin with the date the amendment is adopted or deemed to be made and will end on the latest of: i.) 60 days after the amendment is adopted; ii.) 60 days after the amendment becomes effective; or iii.) 60 days after the Participant is issued written notice of the amendment by the Employer or Plan Administrator. 7.3 A top heavy vesting schedule shall mean: A vesting schedule under which an employee who has completed 3 years of service with the Employer has a nonforfeitable right to 100% of his accrued benefit. F\LANCE\PARS_SRP\CLIENTS\LaQUlna\Plan Document (Version 2).doc 22 0 -6 ARTICLE Vill ADMINISTRATION 8.1 The Employer shall designate an individual to serve as the Plan Administrator. The Plan Administrator shall act on behalf of the Employer in all matters relating to the Supplement and Trust, and any subsequent Supplements permitted by this Plan. 8.2 The Plan Administrator shall keep accurate books and records with respect to Participants, their service with the Employer and their compensation and shall certify the same to the Trustee. 8.3 The Plan Administrator, in interpreting any provision of this Supplement or in making any judgment or determination with respect to any person hereunder, shall apply uniform rules in a like manner to all persons under similar conditions. 8.4 In any case where the provisions of this Supplement require the consent or approval of the Plan Administrator of an election or request made by an Employee, Participant or Beneficiary, the Plan Administrator shall act on such election or request as promptly as shall be reasonable in the circumstances. 8.5 The Trustee shall advise the Plan Administrator of any changes in applicable law, regulations or proposed regulations which require the Employer to amend the Supplement or otherwise take action to maintain the qualified status of the Supplement. P:\LANCE\PARS_SRP\CLIENTS\LaOuinta\Plan Document (Versa 2).doc 23 027 ARTICLE IX MISCELLANEOUS 9.1 Attachment and Assignment of Benefits (a) To the maximum extent permitted by law, the benefits or payments herein provided shall not in any way be liable to attachment, garnishment or other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of any Participant. Except as otherwise permitted by law or by an order, decree or judgment issued pursuant to a Qualified Domestic Relations Order, benefits or payments under this Supplement may not be assigned. In the event of any conflict between provisions of this Supplement and the terms of any description issued in conjunction with the Supplement, the provisions of this Supplement shall control. (b) For purposes of this Supplement a "Qualified Domestic Relations Order" means a domestic relations order (as specified below) which creates or recognizes the existence of an alternate payee's (any spouse, former spouse, child or other dependent of a Participant) right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable to a Participant. A domestic relations order means any judgment, decree or order (including approval of a property settlement agreement) which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child or other dependent of a Participant and is made pursuant to a state domestic relations order. Such order (a) must clearly specify (1) the name and last known mailing address (if any) of the Participant and the alternate payee covered by the order, (2) the amount or percentage of the Participant's benefit to be paid by the Supplement to each alternate payee, or the manner in which such amount or percentage is to be determined, (3) the number of payments or period to which such order applies, and (4) the name of each plan to which such order applies, and (b) must not require (1) the Supplement to provide any type or form of benefits, or any option, not otherwise provided under the Supplement, or (2) provide increased benefits, and (3) the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another previously Qualified Domestic Relations Order. The provisions relating to the establishment of a Qualified Domestic Relations Order and the payment of any benefits to an alternate payee shall be applied in the method and manner which is consistent with Section 414(p) of the Code. F.\LANCE\PARS_SRP\CLIENTS\LaCuinta\Plan Document (Verson 2).doc 24 92S 9.2 As used herein, the masculine shall include feminine and the singular shall include the plural, where applicable. 9.3 The Employer shall have the right to amend this Supplement. No amendment, however, shall reduce a Participant's accrued benefit. Such amendments shall not be effective until received and acknowledged by the Trust and the Trust Administrator. Executed this day of , 19 , at Signature of Plan Administrator Name of Plan Administrator Title of Administrator Name of Employer Accepted by: Signature of Trustee , California. F:\LANCE\PARS_SRP\CLIENTS\LaDuinta\Plan Document (Version 2).doc 2C LJJ 029 ATTACHMENT 2 P A R S Public Agency Retirement System TRUST AGREEMENT Version 4 11 August 22, 1994 J .7 Copyright (0 1992 PHASE II SYSTEMS. All rights reserved. Reproduction in part or whole is prohibited. 30 pg. I LANCEVPARSVDOCUMENT\CURR DOCA'I'RST4 WKQ22-AUG 94) PUBLIC AGENCY RETIREMENT SYSTEM TRUST Huntington Beach City School District and State Center Community College District (hereinafter referred to as Employer") do hereby adopt the following Retirement Plan Trust. ARTICLE I ELECTIVE PROVISIONS 1.1 Initial Deposit In establishment of this Trust, the Employer has paid to Trustee the sum of at least One Thousand Dollars ($1,000.00) as its initial contribution. 1.2 Effective Date The effective date of this Trust is July 1, 1991. 1.3 Trustee The Trustee is Imperial Trust Company or any successor(s) as named in any amendment hereto. 0 3 1 pg. 1 LANCE\PARS\DOCUMENTVCURR_ DOCATRST4. W K4(22-AUG-94) ARTICLE II PRELIMINARY MATTERS 2.1 The Trust This trust and the related Public Agency Retirement System are all parts of a single, integrated employee benefit system. The Trust's fiscal year shall be the Plan Year as the same may be changed from time to time. 2.2 Definition of Terms In construing the terms of this Trust, words and terms defined in the Plan shall, when used herein, have the same meaning as in the Plan, unless the context of this Trust clearly indicates otherwise. 2.3 Purpose This Trust is created for the purpose of receiving contributions made under the Plan; accumulating, managing and investing those contributions; and providing benefits to the Participants of the Plan or their Beneficiaries. This Trust may also be a complete amendment and restatement of its predecessor, if any, pursuant to Section 3. This Trust is intended to evidence the Trust portion of an employee's retirement plan(s) and trust, established by the adopting Employer for the benefit of eligible employees and to qualify as a qualified employees' retirement trust under the appropriate provisions of the Internal Revenue Code. 2.4 Reversion In the event the Plan is terminated, the vested interest of any participant shall not be diminished or adversely affected. Except as may be provided in this Trust or the Plan, such termination shall not vest in the adopting Employer any corpus or income under the Trust, nor permit the Plan to discriminate as to coverage, or as to allocation of contributions or earnings, in favor of employees who are officers, shareholders, or highly compensated, nor cause the trust to loose its exemption pursuant to Code Section 501 (a). No modification, amendment or termination of the Plan shall be construed a termination of the Trust so as to require the Trustee to make a distribution of any of the Trust assets to any Participant, unless otherwise expressly provided pursuant to written instructions from the Administrator. If any Employer participating in this Trust adopts a retirement plan whose assets are maintained in this trust and makes application to the Internal Revenue Service, within one year from the date of adoption of such Plan, for a determination that such plan is a qualified plan under Section 401 (a) of the Internal Revenue Code, and if such plan is determined by the Internal Revenue Service not to be a qualified plan, then all contributions and investment income attributable to such plan shall be returned to the Employer upon application to the Trustee. 2.5 Adoption by Other -Employers Notwithstanding anything to the contrary, any other Employer whether an affiliate or subsidiary or not, may adopt this Trust and all of the provisions hereof, and participate herein and be known as an adopting Employer, by a properly executed document evidencing said intent. ()32 pg 2 LANCE\PARSVDOCUMENTICURR DOCATRST4. WK4(22-AUG-94) ARTICLE HI GENERAL ADMINISTRATION 3.1 Selection of Trustee The initial two adopting Employers, by a unanimous vote, may appoint any individual, individuals, institution or combination thereof to serve as Trustee. The Trustee so appointed, or any successor Trustee appointed pursuant to a two-thirds vote of the Participating Employers, shall be deemed to have accepted this Trust and to have agreed to carry out all of the provisions hereof. 3.2 Conflict with Plan If the provisions of this Trust conflict with the provisions of the Plan, the Plan provisions shall be followed. 3.3 The Administrator Each adopting Employer shall designate an individual or a position to serve as the Administrator. The Administrator shall act on behalf of the Employer in all matters relating to this Plan and Trust. The Employer shall keep accurate books and records with respect to its Employees, their service with the Employer and their Compensation and shall certify the same to the Administrator. 3.4 Directions to Trustee All directions to the Trustee from the Administrator must be in writing and need be signed by only one Administrator. For all purposes of this Trust, "direction" shall include any certification, notice, authorization, application or instruction of the Administrator and/or Trustee appropriately communicated. Direction shall be implied if the Administrator, having knowledge of the Trustee's intentions, fail to file written objection at least 30 days prior to the completion of procedures contemplated. The Trustee may request directions or clarification of directions received and may delay acting until clarification is received. In the absence of timely received direction or clarification, or if the Trustee considers any direction to be a violation of the Trust, the Employees Retirement Security Act, the Code, or any local law, the Trustee shall in its sole discretion take appropriate action, or refuse to act upon a direction, without incurring liability to the Administrator or participants for such action or failure to act. 3.5 Resignation o_r_Removal-of Trustee The Trustee may resign at any time by giving at least ninety (90) days prior written notice to the Administrator. The adopting Employer may remove the Trustee by giving at least ninety (90) days prior written notice to the Trustee and withdrawing from the PARS Trust. In either case, the Employer's appointment of a successor Trustee will vest the successor Trustee with title to the withdrawing participation employer's Trust Fund Assets upon acceptance of such appointment. 402 ')33 pg.3 LANCETARS\DOCUMENTVCURR D0C\TRST4. WK4(22-AUG-94) 3.6 Co -Trustees Where there is more than one Trustee, a majority of such Trustees shall be vested with the right to make any decision, undertake any action or execute any documents affecting this Trust without the approval of the dissenting Trustees. In the event there are co -Trustees, any directions (as defined in Section 3.4) need to be executed by only one of the co -Trustees. 3.7 Trust Administrator The Trust shall appoint a Trust Administrator to perform such administrative services as deemed necessary by the Trustee, on behalf of, and at the direction of the Trustee. 3.8 Resignation or Remova_I_of Trus_t_Administrator The Trust Administrator may resign at any time by giving at least one hundred twenty (120) days written notice. The adopting Employers, by a two-thirds majority vote, may remove the Trust Administrator by giving at least one hundred twenty (120) days written notice to the Trust Administrator and to the Trustee. 3.9 Trust Fund The contributions received by the Trustee from each adopting Employer shall be held and administered pursuant to the terms hereof without distinction between income and principal and without liability for the payment of interest thereon except as expressly provided herein. 7 J 4�34 pg. 4 LANCE\PARSVDOCUMLN PACURR 1)0CATRST4 WK4(22-AUG-94) ARTICLE IV THE TRUSTEE 4.1 Investments a) Fiduciary_ with Respect to Investments Except as herein provided, the Administrator shall be the Fiduciary with respect to the authority and duty to direct the investment and management (including the power to direct the acquisition and disposition) of the Trust Assets: 1) The adopting Employer may, by resolution of its governing body, terminate the Administrator's right to direct the investment and management of all or any portion of the Trust Assets by transferring to the Trustee or an Investment Manager the authority and duty to direct the investment and management of all or any portion of the Trust Assets, as the case may be. 2) The Employer may, but need not, by appropriate Administrator action appoint the Trustee or an Investment Manager to direct the investment and management including the power to to acquire and dispose of) of all or any portion of the Trust Assets. b) A certified copy of any such Governing Body resolution or Administrator action pursuant to Section 4.1 b) of this Trust shall be delivered to the Trustee, whereupon the Trustee or Investment Manager, as the case may be, shall assume fiduciary responsibility with respect to the investment and management of such Trust Assets. Any transfer of investment authority to the Trustee or to an Investment Manager may be revoked upon receipt by the Trustee of a notice from either the adopting Employer through its governing body or the Administrator, as the case may be. The appointment, selection and retention of a qualified Investment manager shall be solely the responsibility of the Administrator or the adopting Employer, as the case may be. The Trustee is to rely upon the fact that said Investment Manager is authorized to direct the investment and management of the assets of the aforesaid Trust until such time as the adopting Employer, or Administrator, as the case may be, shall notify the Trustee in writing that another Investment Manager has been appointed in the place and stead of the of the Investment Manager named, or, in the alternative, that the Investment Manager named has been removed. c) When Trustee is not Directin-g-Investments During such period or periods of time, if any, as the Administrator or an Investment Manager is authorized to direct the investment and management of the Trust Assets, the Trustee shall (subject to the overriding limitations hereinafter set forth) effect and change investment of the Trust Fund as directed in writing by the Administrator, or Investment Manager, as the case may be, and shall neither effect nor change any such investments without such direction and shall have no right, duty or responsibility to recommend investments or investment changes. The following provision shall govern the Trustee during such period or periods. 1) So long as the Administrator retains or reacquires full power and responsibility to direct the Trustee with respect to the investment and management of all or any portion of the assets of the Trust Fund, the Trustee shall not be liable nor responsible for losses or unfavorable results arising from the Trustee's compliance with proper directions of the Administrator which are made in accordance with the terms of the Plan and this Trust and which are not contrary to the provisions of any applicable federal or state statute regulating such investment and management of the assets of an employee benefit trust. 2) In the event that an Investment Manager is given full authority and responsibility with _ respect to the investment and management of the Trust Assets, the Trustee or the Administrator shall not be liable or responsible in any way for any losses or other unfavorable results arising from the Trustee's compliance with investment or management directions received by the Trustee from the Investment Manager. !)35 P6 t LANCF:U'ARSVDOCUMENTTURR DOCATRST4 WK4(22-AUG-94) 3) All directions concerning investments made by the Administrator or the Investment Manager shall be signed by the authorized person or persons acting on behalf of the Administrator or the Investment Manager, as the case may be. 4) The Trustee shall be entitled to rely upon directions which the Trustee receives. The Trustee shall be under no duty to question any directions of the Investment Manager or Administrator nor to review any securities or other property of the Trust constituting assets thereof with respect to which an Investment Manager has investment responsibility, nor to make any suggestions to such Investment Manager in connection therewith. The Trustee shall, as promptly as possible, comply with any written directions given by the Administrator or an Investment Manager hereunder. The Trustee shall not be liable, in any manner nor for any reason, for the making or retention of any investment pursuant to such directions, nor shall the Trustee be liable for its failure to invest any of all of the Trust Funds in the absence of such written directions. 5) During such period of time, if any, as the Administrator or an Investment Manager is authorized to direct the Trustee, the Trustee shall have no obligation to determine the existence of any conversion, redemption, exchange, subscription or other right relating to any securities purchased of which notice was given prior to the purchase of such securities, and shall have no obligation to exercise any such right unless the Trustee is informed of the existence of the right and is instructed to exercise such right, in writing, by the Administrator or the Investment Manager, as the case may be, within a reasonable time prior to the expiration of such right. 6) In any event, neither the Administrator nor any Investment Manager referred to above shall direct the purchase, sale or retention of any assets of the Trust Fund if such directions are not in compliance with the applicable provisions of the Act and any regulations or rulings issued thereunder. 4.2 Trustee Fees As may be agreed upon from time to time by the adopting Employer and Trustee, the Trustee will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the Trust. In the absence of specific arrangement for such payments, any fee or other compensation or reimbursed expenses shall be withdrawn by the Trustee from the Trust, unless paid by the adopting Employer. Such compensation shall include accounting, legal and administrative services rendered by or to the Trustee unless specifically excluded by appropriate written agreement. To the extent that the Trustee fees are to be charged against Participant contributions, the adopting Employer shall so advise each Participant. ") 3 6 pg.6 1.ANCF\PARS\DOCUMEN9',CURR DOCURS14.WK4(22-AUG-94) 4.3 Contributions The adopting Employer shall make all of its contributions to the Trustee, and shall also transmit all contributions of its Participants, as may be required or allowed by the Plan. Such contributions shall be in cash. All contributions shall be paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust Agreement. The Trustee shall not have any duty to determine or inquire whether any contributions to the Trust made to the Trustee by any adopting Employer are in compliance with the Plan; nor shall the Trustee have any duty or authority to compute any amount to be paid to the Trustee by any adopting Employer; nor shall the Trustee be responsible for the collection or adequacy of the Trust to meet and discharge liabilities under the Plan. 4.4 Directing Investments Except as provided in Section 4.1 a), the Administrator shall have the power to direct the investments of all monies held by Trustee and constituting part of the Trust Fund hereunder. However, pending any investment directions, such cash in the Trust Fund in an amount as is reasonable in the discretion of the Trustee shall be deposited in an interest -bearing account, which may be an interest -bearing account of Trustee. 4.5 Purchase of Contracts The Trustee shall purchase individual or group insurance, annuity, preliminary term, group pension, and variable annuity contracts in accordance with the directions of the Administrator. 4.6 Records The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder. Such records shall be available at all reasonable times for inspection by the Administrator or its designated consultants and the Employer or its authorized representative. The Trustee shall, at the direction of the Administrator, submit to the Administrator or its designated consultants such valuations, reports or other information as the Administrator or its designated consultants may reasonably require. 4.7 Statements The Trustee shall render to the Administrator, as soon as practicable after each Plan Year, a statement of its accounts pursuant to this Section 4.7 on the basis of the Trust's established accounting period. If Trustee is a bank, it shall render the statement within sixty (60) days after the Plan Year end. If the Trustee maintains separate accounts for each Participant, it shall also render to each Participant an annual statement of his Participant Account. The Administrator may approve such statements either by written notice or by failure to express objections to such statement by written notice delivered to the Trustee within 90 days from the date the statement is delivered to the Administrator. Upon approval, the Trustee shall be released and discharged as to all matters and items set forth in such statement as if such account had been settled and allowed by a decree from a court of competent jurisdiction. 4.8 Pooled Funds The assets of this Trust may be pooled in a fund for employee benefit plans maintained by the Trustee for any other retirement plan or may be pooled with the assets of any other retirement plan maintained by an adopting Employer, or both. ., i ')3 i pg 7 LANC[APARSVDOCUMENTVCURR_DOCAI'RST4. WK4(22-AUG 94) 4.9 Delegation of Duties The adopting Employer, or the Administrator, or both, may at any time retain the Trustee as their agent to perform any act, keep any records or accounts and make any computations which are required of the Employer, or the Administrator by this Trust or the Plan. The Trustee may be compensated for such retention and such retention shall not be deemed to be contrary to this Trust. 4.10 General Authority Subject to the Fiduciary provisions of this Trust, the Fiduciary responsible for investment and management of the Trust Assets shall have full power and authority to invest and reinvest all or any portion of the Trust Fund in any investment permitted by the laws of the State in which the Trustee administers this Trust, including, without limiting the generality of the terms thereof, the power: a) To invest in bonds, notes, mortgages, commercial paper, preferred stock and common stock: other securities (including puts, calls and stock options), rights and obligations; any real or personal property; insurance company contracts; shares or certificates of participation issued by investment companies, investment trusts and mutual funds; grant options to purchase any real or personal property upon such terms and conditions as Trustee deems proper. b) To agree with an insurer for the insurer's investment of any part or all of the trust fund or for the investment in one or more of the insurer's separate Accounts or other funds, and to deposit with such insurer all amounts so agreed upon. c) To agree with an insurer for the conversion of any part or all of the trust fund annuities for the benefit of the trust fund into annuities for the benefit of Participants upon their retirement. d) To retain any investment for such period of time as Fiduciary deems appropriate and to sell the same, at either public or private sale, at such time or times and on such terms and conditions as to credit or otherwise as the Fiduciary may deem appropriate. e) To renew or extend the time of payment of any obligation due or becoming due. f) To borrow money, with or without giving security; and to borrow on contracts. g) To consent to or participate in any plan for the reorganization, consolidation or merger of any corporation of which any security is held for the Trust; to pay any and all calls and assessments imposed upon the owners of such securities as a condition of their participation therein; and to consent to any contract, lease, mortgage, purchase or sale of property by or between such corporation and any other corporation or person. h) To compromise, arbitrate or otherwise adjust or settle claims in favor of or against the Trust and to deliver or accept in either total or partial satisfaction of any indebtedness or other obligation any property; and to continue to hold for such period of time as the Trustee deems appropriate any property so received. i) To vote any stock or other security held for the Trust and to execute and deliver any proxies or powers of attorney to such person or persons as the Trustee deems proper, granting to such person or persons such power and authority with relation to any property or securities at any time held for the Trust, provided, however, that, irrespective of whether the Trustee has been designated as the fiduciary responsible for investment and management of the Trust Assets, the powers enumerated in this subparagraph 0) shall be exercised by the Trustee unless the Trustee shall receive written notice to the contrary from the Administrator or other Fiduciary responsible for directing the investments. `.r 3 Pgw 8 LANCETARSVDOCUMFNTVCURR UOCAIRS 14. WK4(22-AUG-94) j) To sue or defend in connection with any and all securities or property at any time received or held for the Trust, and all costs and attorney's fees in connection therewith shall be charged against the Trust. k) To lease real and/or personal property held for the Trust for such term or terms, and upon such conditions, as the Trustee deems appropriate. I) To cause any securities held for the Trustee to be registered and to carry any such securities in the name of a nominee or nominees. m) To hold in cash such portion of the Trust Fund as it may deem necessary for the ordinary administration of the Trust and the disbursement of funds as directed from time to time by the Administrator, and for the temporary investment of such cash pending the receipt thereto, by depositing such cash immediately upon receipt in any type of interest bearing account, including, but not limited to, bank savings accounts and/or Time Certificates of Deposit maintained at any commercial and/or savings department of any bank (including the Trustee if the Trustee also is a banking institution), subject to the rules and regulations governing such deposits and without regard to the amount of such deposit. n) To effect any agreement with an Insurer which the Trustee deems necessary to carry out the purposes of this Trust and to pay all premiums on contracts held hereunder. 4.11 Distributions a) All benefits payable pursuant to the Plan shall be paid out of the assets of this Trust by the Trustee pursuant to the direction of the Administrator. The Trustee shall, from time to time, upon the written direction of the Administrator, make distributions from the Trust Fund to or for the benefit of such persons, in such manner, in such form(s), in such amounts and for such purposes as may be specified in such directions. The Trustee at the direction of the Administrator may make any distribution required to be made by it hereunder by delivering to the Administrator or its authorized designee: 1) Its check payable to the person to whom such distribution is to be made, for delivery to such person; or 2) Its check payable to an insurer for the benefit of such person, for delivery by such insurer; or 3) Insurance Contracts held on the life of the Participant to whom or with respect to whom the distribution is being made, for redelivery to the person to whom such distribution is to be made; provided that any contract distributed shall be endorsed as non -transferable. b) In directing the Trustee to make distributions, the Administrator shall follow the provisions of the Plan and shall not direct that any distribution be made either during the existence or upon discontinuance of the Plan, which would cause any part of the Trust Fund to be used for or diverted to purposes other than as provided in the Plan and this Trust. In no event shall the Trustee have any responsibility respecting the application of such distributions, nor for determining or inquiring into whether such distributions are in accordance with the Plan. i " � iJ PS 9 LAN('EAPARSVDO('UMENTICURR DOCATRST4.WK4(22-AUG-94) ARTICLE V FIDUCIARY RESPONSIBILITIES 5.1 More Than One Fiduciary Capacity Any one or more of the named or identified Fiduciaries with respect to this Trust and the Plan may, to the extent required thereby or as directed by the Employer and/or Administrator pursuant to this Trust and the Plan, serve in more than one Fiduciary capacity with respect to this Trust and the Plan. 5.2 Fiduciary Discharge of Duties Except as otherwise provided in the Code, each Fiduciary shall discharge such Fiduciary's duties with respect to this Trust and the Plan solely in the interest of the Participants and Beneficiaries: a) For the exclusive purpose of-. 1) providing benefits to Participants and their Beneficiaries, and 2) defraying reasonable expenses of administering the Plan. b) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. c) By diversifying the investments of the Plan and this Trust so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. 5.3 Prohibited Transactions Except as hereinafter set forth, each Fiduciary with respect to this Trust shall not cause this Trust to engage in any or all of the prohibited transactions set forth in Section 406(a) of the ERISA retirement security act ("Act"). However, the foregoing limitations shall not apply with respect to any conditional or unconditional exemption or variance granted under Section 408 of the Act and/or Section 4975 of the Code (whichever shall be relevant) and/or under any regulation promulgated thereunder and/or any proper interpretation of the Congressional Conference Committee Joint Explanation of the Pension Reform Act of 1974 as applicable to governmental plans and/or any administrative pronouncement so long as the same shall not be abrogated by subsequent legislation, regulations, court decisions, rulings and procedures. 5.4 No Foreign Situs Except as authorized by applicable Labor Regulations, no Fiduciary shall maintain the indicia of ownership on any Trust Assets of the Plan or this Trust outside the jurisdiction of the district courts of the United States. 5.5 Limitations on Fiduciary Responsibility To the extent permitted by the Act: a) No Fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such person became a fiduciary or after such person ceased to be a fiduciary. b) Each Fiduciary shall bear only such liability for breach of any fiduciary responsibility as is imposed by the Act; and the inclusion in this Trust and the Plan of provisions comparable to those in the Act and/or the Code is intended for the information and guidance of the parties hereto and all fiduciaries and not to increase such fiduciaries' liabilities, ai40 p, 10 I-ANCH\PARSVDOCUMF.NTVCURR DOCAIRST4. WK4(22-AUG-94) responsibilities, duties and obligations by reason of such inclusion, except as required by the Act or the Code. c) The Employer shall indemnify and hold harmless the members of the governing body, the Administrator, the Trustee (except if Trustee is a bank, trust company or similar institution) and any other persons to whom any fiduciary responsibility with respect to this Trust and the Plan is allocated or delegated from, and against any and all liabilities, costs and expenses incurred by such persons as a result of any act, or omission to act, in connection with the performance of such person' duties, responsibilities and obligations under this Trust, the plan and under the Act, other than such liabilities, costs and expenses as may result from the negligence, gross negligence, bad faith, willful misconduct and/or criminal acts of such persons. 5.6 Indemnification of Trustee The adopting Employer agrees to indemnify the Trustee against, and to hold the Trustee harmless from, all liabilities and claims (including reasonable a Lorney's fees and expenses in defending against such liabilities and claims) against the Trustee as a result of any breach of fiduciary responsibility by a Fiduciary other than the Trustee unless the Trustee participates knowingly in such breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable remedial action to remedy such breach or, through its gross negligence in performing its own specific fiduciary responsibilities, has enabled such other fiduciary to commit a breach of the latter's fiduciary responsibilities. 5.7 Indemnification of Employer The Trustee agrees to indemnify the Employer against, and to hold the Employer harmless from, all liabilities and claims (including reasonable attorneys' fees and expenses in defending against such liabilities and claims) against the Employer as a result of any breach of fiduciary responsibility by a fiduciary other than the Trustee where the Trustee participates knowingly in such a breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable action to remedy such breach, or through its negligence in performing its own specific fiduciary responsibilities has enabled such other fiduciary to commit a breach of the latter's fiduciary responsibilities. 041 ro. II LANCETARSVDOCUMENITURR DOCAIRSN WK4(22-AUG-94) ARTICLE VI AMENDMENT, TERMINATION & MERGER 6.1 Permanency It is the expectation of the Employer that this Trust, and the permanency of contributions hereunder, will be continued indefinitely, but continuance of this Trust and of the Plan is not assumed as a contractual obligation of the Employer. This Trust may be amended or terminated only as provided in this Trust. 6.2 Amendments a) A two-thirds majority of the Employers acting through the Administrators shall have the right to amend this Trust from time to time, and to similarly amend or cancel any amendments. A copy of all amendments shall be delivered to the Trustee and Administrators promptly as each is made. b) Such amendments shall be set forth in an instrument in writing executed by the amending party and the Trustee. Any amendment may be current, retroactive or prospective, provided, however, that no amendment shall: 1) Cause any of the assets of this Trust to be used for or diverted to purposes other than for the exclusive benefit of Participants, retired Participants or their joint annuitants and their Beneficiaries who have an interest in this Trust or for the purpose of defraying the reasonable expenses of administering this Trust. 2) Have any retroactive effect so as to reduce the Benefits of any Participant under this Trust to the date the amendment is adopted, except that such changes may be made as may be required to permit this Trust to meet the requirements of the Act and Code. 3) Create or effect any discrimination prohibited by the Code in favor of Participants who are highly compensated, who are officers of the Employer. 4) Change or modify the duties, powers or liabilities of the Trustee hereunder without its consent. 5) Permit the assets of this Trust to be used for the benefit of any other Plan of the Employer unless the Employer agrees to such use. 6.3 Termination The Employers shall have the right to terminate this Trust by a unanimous vote of all members acting through the Administrators and by delivering written notice of termination to Trustee. A termination by the Employer of its Plan shall not, in itself, effect a termination of this Trust. Upon any termination of the Plan, the Trust Fund shall be distributed by the Trustee as and when directed by the Administrator. From and after the date of such termination of the Plan and until final distribution of the Trust Fund, the Trustee shall continue to have all the powers provided 411 � ) 4 2 Pg 12 1.ANCHAPARSVD0CU1,IHNTV('URR D0CA1RST4 WK4(22-AU<i 94) herein as are necessary or expedient for the orderly liquidation and distribution of the Trust Fund and this Trust shall continue until all Participants' Accounts have been completely distributed to or for the benefit of the Participants or their Beneficiaries in accordance with the Plan. 6.4 Fund Recovery Except as hereinafter provided, the assets of the Plan and this Trust shall never inure to the benefit of the Employer and the same shall be held for the exclusive purposes of providing benefits to Participants in this Trust and their beneficiaries and defraying reasonable expenses of administering this Trust. The sole exception to the foregoing is as follows: a) Mistake -of -Fact In the case of a contribution which is made by the Employer by a mistake of fact, that portion of the contribution relating to the mistake of fact (exclusive of any earnings or less any trust losses attributable thereto) may be returned to the Employer, provided such return occurs within one (1) year after discovery by the Employer of the mistake. If any repayment is payable to the Employer, then, as a condition to such repayment, and only if requested by Trustee, the Employer shall execute, acknowledge and deliver to the Trustee its written undertaking, in form satisfactory to the Trustee, to indemnify, defend and hold the Trustee harmless from all claims, actions, demands or liabilities arising in connection with such repayment. 6.5 Transfers from Other Qualified Plans Notwithstanding any other provision hereof, there may be transferred to the Trustee, upon direction of the Administrator, all or any of the assets held (whether by a Trustee, custodian or otherwise) on behalf of any other plan which satisfied the applicable requirements of Section 401 of the Code, and which is maintained for the benefit of any persons who are or are about to become Participants in the Employer's Plan. 4 V) A3 pg. 13 I.ANCE\PARS\D000MENTVCURR DOC\TRS14 WK4(22-AUG-94) ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Third Persons All persons dealing with the Trustee are released from inquiring into the decisions or authority of the Trustee and from seeing to the application of any securities or other property paid or delivered to the Trustee. 7.2 Nonalienation The balances in a Participant's Employer Contribution Account may not be assigned or alienated, except that he may voluntarily and revocably assign up to ten percent (10%) of the balances in his Accounts once he is receiving distribution, so long as the assignment or alienation is not for the purpose of defraying Plan administration costs. For purposes of this Section, a garnishment or levy is not considered to be a voluntary assignment, and a loan to the Participant, or his Beneficiary in the event of the Participant's death, shall not be treated as an assignment or alienation if such loan is secured by the Participant's nonforfeitable Employer Contribution Account, and is not a prohibited transaction within the meaning of Section 4975 of the Code. 7.3 S_aving Clause In the event any provision of this Trust is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the Trust Agreement, but this instrument shall be construed and enforced as if said provision had never been included. 7.4 Applicable Law This Trust shall be construed, administered and governed under the Act and the Code; and to the extent any of the provisions of this Trust and/or the Plan are inconsistent with the Act and/or the Code, the provisions of the Act and/or Code shall control. This Trust shall be construed, administered and governed by the laws of the State in which the Trustee administers this Trust, but only to the extent the laws of such State have not been superseded, or are not inconsistent with the Act and the Code. In the event, however, that any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with this Trust and the Plan being a qualified retirement Trust and Plan within the meaning of the Act and the Code. 7.5 Joinder of Parties In any action or other judicial proceedings affecting this Trust, it shall be necessary to join as parties only the Trustee, the Administrator, and the Employer. No Participant or other persons having any interest in this Trust shall be entitled to any Notice or service of process unless otherwise required by law. Any judgment entered in such a proceeding or action shall be binding on all persons claiming under this Trust, provided, however, that nothing in this Trust shall be construed as to deprive a Participant of such Participant's right to seek adjudication of such Participant's rights under the Act. 41"1 `►441 pg. 14 LANCEVI'ARSVDO('UMf:NfV('URR D0('\fRS14 WK4(22-AUG-94) 7.6 Employment of Counsel The Trustee may consult with legal counsel (who may be counsel for the Trustee or Employer). 7.7 Gender and Number Words used in the masculine, feminine or neuter gender shall each be deemed to refer to the other whenever the context so requires; and words used in the singular or plural number shall each be deemed to refer to the other whenever the context so requires. 7.8 Headings Headings used in this Trust are inserted for convenience of reference only and any conflict between such headings and the text shall be resolved in favor of the text. 7.9 Counterparts This Trust may be executed in an original and any number of counterparts by the Employer and the Trustee, each of which shall be deemed to be an original of the one and the same instrument. IN WITNESS WHEREOF, two-thirds of the participating employers as required by Section 6.2, and Trustee have executed this Trust by their duly authorized agents on this 19 day of October , - 19 9 4 ACKNOWLEDGED AND ACCEPTED this 19 day of October, 1994 The Bank of California TRUSTEE '6�� By ohnDiMalanta, Senior Vice President By: C\`%`^�aA:ti� - Ilona (Lonnie) Gartner, Vice Pres., Trust Officer M Phase II Systems TRUST ADMINISTRATOR M.C. Joni on, President 414 045 PH 15 LANCE\PARS\DOCUMENTCURR DOCITRST4 WK4(22-AUG-94) ATTACHMENT 3 0 Phawlff S Y S T E M S July 13, 1999 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: City of La Quinta Public Agency Retirement System Supplementary Retirement Plan dated July 20, 1999; Dear Mr. Genovese: We are pleased to have the opportunity to serve as your consultants. We are committed to providing efficient and responsive services to our client agencies in a professional relationship based on mutual trust, confidentiality, and prompt and candid communication. In that spirit, this letter sets forth our agreement with you regarding the services we will provide and our billing practices under this engagement. Services We will provide the services necessary for the development, installation and administration of the subject plan. Development In the development phase, the necessary services include: 1. Meeting with appropriate City personnel to discuss plan provisions, implementation timelines, benefit communication strategies and funding policies; 2. Providing the necessary analysis and advisory services to finalize these elements of the plan; 3. Providing for review by City legal counsel the documentation needed to establish the plan; and 4. Upon your authorization, preparing and submitting applications to the Internal Revenue Service for a determination that each of the plans is qualified (the application fee for which shall be paid by the City). 41.? 3961 MacArthur Blvd. • Suite 200 • Newport Beach • California • 92660 j 4 6 (949) 250-6369 • (949) 250-1250 FAX • 1-800-540-6369 Mr. Tom Genovese July 13, 1999 Page 2 of 4 Installation In the installation phase, the necessary services include: 1. Producing benefit illustrations and enrollment materials; 2. Counseling eligible employees as to the provisions of the plan (via toll -free telephone); 3. Processing enrollments; and 4. Coordinating with appropriate City personnel to ensure the effective and timely completion of these activities. Administration In the administration phase, the necessary services include: 1. Preparing invoices for contributions and submitting them to the City for payment to the Trust; 2. Coordinating distribution payments to participants (which shall be made by the trustee at the direction of the City), including the provision of required tax filings in regard to these payments, and acting as on -going liaison (via toll -free telephone) between the participant and the City in regard to these distribution payments; 3. Performing a periodic accounting of contributions, distributions, expenses and investment earnings; 4. Monitoring the funding of the plan and performing actuarial certification and evaluation as statutorily required (the actuarial certification fee for which shall be paid by the City); 5. Preparing and submitting an annual report to the City; 6. Preparing and submitting the annual report to the State Controller's Office including the required certified trust -wide audit; and 7. Advising the City of on -going compliance and qualification requirements. Phase 11 Systems is not licensed to provide and does not offer tax, accounting, legal or actuarial advice. In providing the services specified above, we will retain qualified professional service providers at our cost if the service lies outside our area of expertise. 41ii 2 ')'47 Mr. Tom Genovese July 13, 1999 Page 3 of 4 Fees Our fee for the services specified above will be five and one-half percent (5.50%) of all contributions made by the City on behalf of participants in the subject plan. If participants of the subject plan select a periodic monthly payment of benefits rather than a lump -sum payment of benefits, our fees will be subject to a one-year annual minimum fee of $3,500 in the first year of contributions. Our fees will be billed to the trustee as contributions are made by the City, and it will be the responsibility of the trustee to pay those fees from the assets of the plan. In the Event of Suspension of Contributions Both our guarantee of total administrative expenses and our fee itself are determined on the understanding that the City will make continuous contributions to the plan on a regular basis no less frequently than annually. In the event annual contributions are suspended, either temporarily or permanently, prior to the complete discharge of all obligations to provide payments to participants in the subject plan, we reserve the right to bill the trustee for our services at the rates indicated in our standard fee schedule in effect at the time the services are provided. It shall be the responsibility of the trustee to pay such billings from the assets of the plan. Before any such services are performed, we will provide the City with written notice of the services to be rendered and an estimate of the fees we will charge. Fees for Services Beyond Scope Charges for services beyond those specified in this letter will be billed to the trustee at the rates indicated in our standard fee schedule in effect at the time the services are provided. It shall be the responsibility of the trustee to pay such billings from the assets of the plan. Before any such services are performed, we will provide the City with written notice of the services to be rendered and an estimate of the fees we will charge. Information Furnished to Phase II Systems It will be the responsibility of the City to certify the accuracy and completeness of the periodic information required by us in the course of providing our services under this agreement, and we may rely on such information without further audit. It will further be the responsibility of the City to deliver the required periodic information to us in such a manner that we have a reasonable amount of time to perform the services provided for in this agreement. In the event that the City fails to provide the required periodic information in a complete, accurate and timely manner, we reserve the right, notwithstanding the further provisions of this agreement, to terminate this agreement upon written notice of thirty (30) days. 41,i Mr. Tom Genovese July 13, 1999 Page 4 of 4 Confidentiality Because of the proprietary nature of the services provided, it is the policy of Phase II Systems that the City and its employees and representatives not disclose any information relating to the subject plan to individuals not employed by the City without the prior written consent of Phase II Systems, except as such disclosures may be required by state or federal law. Term of Agreement This agreement shall remain in effect for a one-year period beginning July 1, 1999 and ending June 30, 2000. This agreement will continue unchanged for successive twelve month periods beginning on July 1, 2000 unless either party gives written notice to the other party of the intent to terminate prior to April 1 of the year in which the agreement is to terminate. Our billing practices reflect our commitment to deal fairly with our client agencies in this as in all other aspects of our relationship. We are pleased to be retained as your consultants, and we look forward to providing our services to you on a basis that is mutually satisfactory. Please sign and return the enclosed extra copy of this letter to signify your agreement regarding the matters covered by this letter. Sincerely yours, Dan ohns Presi en Phase Systems, PARS Trust Administrator The foregoing letter fully describes the services required and is in accordance with our understanding of the services to be provided and the fees to be charged by Phase II Systems. Bv: Mr. Tom Genovese City Manager City of La Quinta F:\LANCE\PARS, SRP\CLIENTS\LaQuinta\Engagement Agreeement (Version 2).doc Date: 413 043 cei-t,, 4 4 Q" COUNCIL/RDA MEETING DATE: ITEM TITLE: AGENDA CATEGORY: BUSINESS SESSION: Av- July 20, 1999 CONSENT CALENDAR: STUDY SESSION: Consideration of a Sublease Agreement for the PUBLIC HEARING: La Quinta Arts Association to Sublease a Portion of the City Owned Building Occupied by the La Quinta Chamber of Commerce and of a Request by the La Quinta Arts Association for Financial Assistance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The La Quinta Arts Association is requesting financial assistance in the amount of $2,463 in order to pay for liability insurance, directors and officers insurance and the application fee for a conditional use permit. This funding request is not included in the Fiscal Year 1999-2000 Preliminary Budget. If the City Council approves the request, the funding would come from the Special Project Contingency Account (Account #101-251-663-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 12, 1999, the City Council received a written request from the La Quinta Arts Association (Attachment 1) regarding subleasing the back room of the building occupied by the Chamber of Commerce located at 51-351 Avenida Bermudas. This move requires City approval as cited in the "Assignment and Subletting" clause of the lease agreement between the City and the Chamber (Attachment 2). The Chamber of Commerce Board of Directors voted on April 28, 1999 to support the sublease concept requested by the Association, to require the Association to assume fiscal responsibility for any renovations or additions, and to require the Association to provide liability insurance (Attachment 3). The City Council considered the La Quinta Arts Association request at the June 1, 1999 meeting. The City Council approved the concept of subletting a portion of the building to La Quinta Arts Association with the details to be addressed through a sublease agreement. The Council directed that the Agreement require liability insurance, a hold harmless agreement, and an annual review/approval by the City. The City Council also approved the concept of a sculpture garden with the details to be addressed through the appropriate permit process. The minutes from the June 1 meeting are included as Attachment 4. The City Attorney advises that according to the Ground Lease between the City and the Chamber, upon written approval from the City, the Chamber can enter into a sublease agreement with the La Quinta Arts Association. The City Attorney recommends that the letter granting written approval outline the conditions to be included by the Chamber in the sublease agreement, i.e. requirements for liability insurance, a hold harmless agreement, an annual review/approval by the City, and consideration of the sculpture garden through the conditional use permit process. A draft letter to the Chamber is attached for the City Council's review (Attachment 5). Staff recommends that the City Attorney review the sublease agreement before it is executed by the Chamber and Arts Association. On June 15, 1999, the Arts Association submitted a written request for financial assistance (Attachment 6). As a result, a Community Services Grant Application was submitted requesting financial assistance in the amount of $2,463 to pay for liability insurance, directors and officers insurance and the application fee for a conditional use permit. The Grant Application is included as Attachment 7 for the City Council's review and consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the attached letter to the Chamber of Commerce granting written approval for a sublease between the Chamber and the La Quinta Arts Association subject to the outlined conditions and approval of the sublease agreement by the City Attorney, and approve the Arts Association funding request in the amount of $2,463; or 2. Approve the attached letter to the Chamber of Commerce granting written approval for a sublease between the Chamber and the La Quinta Arts Association subject to the outlined conditions and approval of the sublease agreement by the City Attorney, and do not approve the Arts Association funding request in the amount of $2,463; or W 3. Do not approve the attached letter to the Chamber of Commerce granting written approval for a sublease between the Chamber and the La Quinta Arts Association, and do not approve the Arts Association funding request in the amount of $2,463; or 4. Provide alternative direction to staff. Respectfully submitted, Linda Coyle, Managemen nalyst City Manager's Office Approved for submission by: OL Thomas P. Genovese, City Manager Attachments: 1 . La Quinta Arts Association Letter, May 12, 1999 2. Ground Lease Agreement 3. Chamber of Commerce Letter, April 29, 199 4. City Council Meeting Minutes, June 1, 1999 5. Draft Letter to Chamber 6. La Quinta Arts Association Letter, June 15, 1999 7. Community Services Grant Application 1 ij J La Quints Arts Association Post Office Box 4, Li Quints, CA 9uS3 Phans: 1760)164 r610 • Fax (760) tea 3957 The Honorable John Pena and Members of the City Council P O Box 1504 La Quinta, CA 92253 May 12, 1999 Dear Mayor Pena ATTACHMENT Elame Kaynaldy Newdox Nam NwWl, Vice Prw4w Mary D.rya►, Traaw►r. The la Quint& Arts Association is comprised of a group of local Coachella Valley artists seeking to further an in the Coachella Valley. We have been discussing a suitable site for a gallery with Mr. Douglas Yavanian, Executive Director of the La Quinta Chamber of Commerce fie feels it would be beneficial to the Chamber as well as the Arts Association if we can sub -lease the back room of the 51-351 Avenida Bermudas building. Presently the Chamber is occupying the entire house, but they would be willing to let us use the room opening into the outdoor space for an art gallery and sculpture garden. The location, next to the highly trafficked post office, is especially suitable for exhibiting local an and should be a draw to bring people into La Quinta Mr. Yavanian pointed out that people now -a -days who are looking at a place to settle consider schools and art important to a location In working together we feel the city will also benefit. We would appreciate it if you would put our request for the use of part of the building on 51-351 Avenida Bermudas on the agenda for the next Council meeting. Thank you for your consideration Sincerely, Elaine Reynolds President La Quinta Arts Association '.3'J 5 ATTACHMENT 2 by and between CITY OF LA QUINTA, "CITY" and LA QUINTA CHAMBER OF COMMERCE a California nonprofit corporation "LESSEE" dated as of 7-2-1991 4z ARTICLE I. TERM 1.1 Premises 1.2 Reservation 1.3 Exceptions to Leasehold Estate 1.4 Term of Lease 1.5 Term Commencement Date 1.6 Right to Possession of Premises 1.7 Date of Lease and Legal Effect 1.8 Rent Commencement Date 1.9 Commencement Date for All Other Obligations ARTICLE II. RENT 2.1 Minimum Rent 2.2 Additional Payments 2.3 Place of Payment; Late Payments ARTICLE III. USE AND COMPLIANCE WITH LAW 3.1 Use of Premises ARTICLE IV. LESSEE'S PAYMENT OF EXPENSES ARTICLE V. MAINTENANCE OF LEASED PREMISES 5.1 Lessee's Obligations for Maintenance ARTICLE VI. INSURANCE AND INDEMNITY 6.1 Lessee's Insurance 6.2 Covenant to Indemnify and Hold Harmless 6.3 Waiver of Subrogation ARTICLE VII. UTILITY CHARGES .7.1 Utility Charges ARTICLE VIII. ALTERATIONS AND ADDITIONS 8.1 Alterations and Additions ARTICLE IX. NO ASSIGNMENT AND SUBLETTING 9.1 City's Consent Required 9.2 Lessee Remains Obligated (i) Y 07 ARTICLE X. DEFAULT 10.1 Events of Default 10.2 Remedies 10.3 Default by City 10.4 Legal Expenses and Collection Costs ARTICLE XI. HOLDING OVER 11.1 Holding Over ARTICLE XII. 12.1 Right of Entry ARTICLE XIII. 13.1 Quiet Enjoyment ARTICLE XIV. ACCESS BY AGENCY QUIET ENJOYMENT FORCE MAJEURE 14.1 Force Majeure ARTICLE XV. MISCELLANEOUS 15.1 Waiver 15.2 Notices 15.3 Relationship of Parties 15.4 Remedies Cumulative 15.5 Effect of Invalidity 15.6 Successors and Assigns 15.7 Consents 15.8 Entire Agreement 15.9 Corporate Authority 15.10 Controlling Law 15.11 Non -Discrimination EXHIBIT A - Legal Description of Premises EXHIBIT A-1 - Approximate Location of Premises in Shopping Center EXHIBIT B - Gross Sales Reporting Form EXHIBIT C - Construction EXHIBIT D - Rules and Regulations 4 ARTICLE I. TERM 1.1 Premises. City hereby leases to Lessee, and Lessee hereby hires from City, that certain real property described on Exhibit A attached hereto ("Premises"). The address of the Premises is 51-351 Avenida Bermudas. 1.2 Reservation. City reserves to itself, its successors and assigns,.together.with the right to grant and transfer all or a portion of the same, the following: (a) Nonexclusive easements for ingress and egress and for city water district, redevelopment, public parking, maintenance and other public purposes, vehicular ingress and egress, for the installation, emplacement, maintenance, and replacement of water, electric, gas, telephone, sanitary sewer lines, drainage facilities or any other utilities (collectively the "Utilities"), and of landscaping on, over, under or across those portions of the Premises not improved with buildings or other major structures, together with the right to enter upon the Premises in order to service, maintain, repair, reconstruct, relocate or replace any of such utilities or landscaping, or other uses or purposes of the City of La Quinta. (b) Nonexclusive easements on, over, under or across the Premises for the installation, emplacement, replacement, repair, operation and maintenance of any Utilities. 1.3 Exceptions to Leasehold Estate. This Lease is made subject to: (a) Lessee's payment of any possessary interest tax assessed against the Premises by virtue of this Lease, if any; (b) -All covenants, conditions, restrictions, reservations, rights, rights -of -way, easements and all other matters of record or apparent affecting the Premises or the use thereof of record on the date this Lease is executed by Lessee. 1.4 Term of Lease. The term ("Term") of this Lease shall commence on the Term Commencement Date and shall continue from year to year. This Agreement may be terminated at any time by either party by giving written notice sixty (60) days in advance. 1.5 Term Commencement Date. The "Term Commencement Date" shall be the date of execution of this Agreement. 1.6 Right to Possession of Premises. Lessee shall be entitled to delivery of possession of the Premises pursuant to 09 provisions of this Lease provided Lessee has complied with the following requirements: (a) Submittal of all insurance policies and/or Certificates of Insurance as required by the provisions contained in Article XIII of this Lease. (b) Submittal of any plans and specifications, permits and governmental authorizations that may be required in the event that modification to the improvements of the Premises is contemplated. (c) Payment of the Rent. 1.7 Date of Lease and Legal Effect. The terms, covenants and conditions of this Lease shall become legally binding on the Term Commencement Date. 1.8 Rent Commencement Date. Lessee's obligation to pay Rent ("Rent Commencement Date") shall commence on the Term Commencement Date. 1.9 Commencement Date for All Other Obligations. All other monetary obligations of Lessee including, but not limited to, the obligation to pay any and all expenses incurred or required in the maintenance and security of the Premises, the taxes and assessments, and any other sum of money or charges due under this lease shall commence as of the Rent Commencement Date. ARTICLE II. RENT 2.1 Minimum Rent. Lessee shall pay to City for each full calendar month from and after the Rent Commencement Date One Dollar ($1.00). The full rent for each year of the Lease shall be payable in advance initially on the Rent Commencement Date and thereafter on the anniversary date of. the Rent Commencement Date in lawful money of the United States. 2.2 Additional Payments. Except as otherwise provided in this Lease, all sums of money or charges whatsoever required to be paid by Lessee under this Lease shall be due and payable ten (10) days after demand, without any deductions or offset whatsoever. Lessee's failure to pay any such amounts or charges when due shall carry with it the same consequences as Lessee's failure to pay rent and shall be deemed to be additional rent. 2.3 Place of Payment; Late Payments. Lessee agrees to pay the rental and other charges herein reserved to City at the address specified herein or to such other person and/or at such other place as City may from time to time designate in writing. All payments shall be made in lawful money of the 06/25/.91 5605n/2588/00 -2- 4.' 7 United States. All payments requiring proration shall be "prorated on the basis of a thirty (30) day month. ARTICLE III. USE AND COMPLIANCE WITH LAW 3.1 Use of Premises. (a) Permitted Uses of Premises. Lessee shall continuously use the Premises and the Improvements during the Term, solely for the purposes and under the corporate name of.the La Quinta Chamber of Commerce, and for no other purpose and under no other name whatsoever without the written consent of City, which consent is solely within the discretion of the City. Lessee, at Lessee's expense, shall promptly comply with all present and future laws, ordinances, orders,. rules, regulations and requirements of all governmental authorities having jurisdiction, affecting or applicable to the Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order,.rule, regulation or requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of the Improvements or interfere with the use and enjoyment of the Premises. If any governmental license or permit shall be required for the proper and lawful conduct of Lessee's business or other activity carried on in the Premises, then Lessee, at its sole expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by City. (b) Specific Use Restrictions. Unless approved by City, which approval may be granted or withheld by City in its sole discretion, Lessee shall not do any of the following: (i) Zoning Restrictions. Use, develop or attempt to use or develop the Premises or any portion thereof for Any purpose other than those purposes expressly allowed (without the benefit of a conditional use permit, zone variance, exception or amendment) as of the Term Commencement Date under the City of La Quinta Municipal Code; (ii) Noncomplying Facilities. Construct or maintain any structure or improvements on the Premises not in full compliance with all requirements of law or as contained herein or in any recorded covenants, conditions and restrictions existing from time to time covering the Premises; or construct, develop, maintain, or operate any structure or improvements on the Common Facilities except with the prior written approval of City, which approval may be withheld by City.in its sole discretion. (iii) Waste or Nuisance. Commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of adjacent properties or uses by the City for its public purposes. Lessee 06/25/91 5605n/2588/00 -3- shall not use or permit to be used any medium that might in City's reasonable judgment constitute.a nuisance, such as loud speakers, sound amplifiers, phonographs, radios, televisions, or any other sound producing or other device which will carry sound or odors outside the Premises reasonably objectionable to City or City. Any machines or mechanical equipment used by Lessee which may cause'vibration or noise that might be transmitted to nearby properties, must be first approved in writing by City and, to such a degree as to be reasonably objectionable to City or to any occupant, shall be placed and maintained by Lessee at its expense in setting of cork, rubber or spring -type vibration isolators sufficient to eliminate any, such vibrations or noise. ARTICLE IV. LESSEE'S PAYMENT OF EXPENSES Included Expenses. Lessee shall pay all of the costs and expenses (the "Operating Expenses").in the operation, management, repair and maintenance of the during the Term, regardless of whether said expenses or charges are incurred by City or by Lessee directly in the maintenance of the Premises or paid by City to outside contractors. Such expenses shall include, without limitation, the following: (i) possessary interest taxes, if assessed, applicable to the Premises, (ii) expenses incurred by City or Lessee in connection with the Premises for general maintenance, gardening, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items whether or not capital in nature and the actual cost of any repair or replacement; (iii) all charges, surcharges and other levies imposed by, and all costs (whether or not capital in nature) of compliance with the requirements of any federal, state or local governmental agency regulating the Premises. ARTICLE V. MAINTENANCE OF LEASED PREMISES -- �14F .. WTO• y. 11.f (a) Lessee's Items. Lessee, at Lessee's expense, shall keep and maintain in first class appearance and in good order, condition and repair as determined by City the Improvements and every part thereof and any and all appurtenances thereto wherever located and all other repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen. Notwithstanding the foregoing, City may elect, in its sole discretion, to maintain and repair the Improvements and the landscaping located on the Premises and the costs therefor shall be billed to Lessee by City and be due and payable immediately upon presentment as additional rent. Lessee, at Lessee's expense, shall store and 06/25/91 5605n/2588/00 -4- +31 cause weekly removal of all trash, garbage and other solid waste on or within the Premises. City may require the use of solid waste disposal contractors and of pest extermination contractors, at such intervals as City deems appropriate. If City provides any services or facilities for solid waste pickup, then Lessee shall be obligated to use them and shall pay all of the costs within ten (10) days after being billed by City or contractor. (b) Standard of Maintenance. Lessee shall keep and maintain the Premises and the Improvements in a clean, sanitary and safe condition in accordance with'the laws of the State of California and in accordance with all directions, rules and regulations of the health officer, fire marshall, building inspector or other proper officials of the governmental agencies having jurisdiction, and Lessee shall comply with all requirements of laws, ordinances and otherwise affecting the Premises and the Improvements, all at the sole cost and expense of Lessee. At the time of the expiration of the tenancy created herein, Lessee shall surrender the Premises and the Improvements therein in good order, condition and repair. (c) Liens,. Lessee shall keep the Premises, the Improvements, or any part thereof free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or for Lessee, and agrees to cause to be discharged of record any mechanic's or materialmen's lien within twenty (20) days after the lien has been filed or within ten (10) days after receipt of written request from City, whichever shall be the sooner. Lessee shall give City at least fifteen (15) days written notice prior to commencing or causing to be commenced any work on the Premises (whether prior or subsequent to the commencement of the Term), so that City shall have reasonable opportunity to file and post notices of non -responsibility for Lessee's work. City may condition its consent to any work upon Lessee posting lien and material and/or completion bonds in amounts as may be necessary to cover the anticipated cost of such work and potential overruns. Lessee shall reimburse City for any and all costs and expenses which may be incurred by City by reason of the filing of any such liens and/or removal of same, such reimbursement to be made within then (10) days after receipt by Lessee from.City of a statement setting forth the amount of the costs and expenses. ARTICLE VI. INSURANCE AND INDEMNITY I 1 - (a) Types. Lessee, at its sole cost and expense, shall commencing on the date Lessee is given access to the Premises for any purpose, and during the Term, procure, pay for and keep in full force and effect: 06/25/91 5605n/2588/00-5-ti=,, (i) comprehensive liability insurance with respect to the Premises and the operations of or on behalf of Lessee or its agents, officers, directors and employees in, on or about the Premises in an amount not less than One Million Dollars ($1,000,000) combined single limit bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as City may reasonably require from time to time. Coverage shall include but not be limited to personal injury, blanket contractual, cross liability, severability of interest, broad form property damage, and owned and non -owned automobile coverage. The Policy or Policies shall include that City, the City of La Quinta and their officers, employees and agents shall be additional insureds under such policy or policies; (ii) worker's compensation coverage as required by law, together with employer's liability coverage; (iii) with respect to the Improvements, vehicles, trade fixtures, furnishings, equipment and other items of personal property of Lessee or under Lessee's control located on or in the Premises, insurance against fire, extended coverage, vandalism and malicious mischief, and such other additional perils as now are or may be included in standard "all risk" forms in general use in Riverside County, California for an amount equal to not less than the full actual replacement cost thereof. City and the City of La Quinta shall be additional insureds under such policy or policies and such insurance shall contain a replacement cost endorsement; (b) Standard. All policies of insurance required to be carried by Lessee under this Lease shall be written by responsible and solvent insurance companies authorized to do business in the State of California and having a policyholder's rating,of "A" (excellent) or better, and a financial rating of "X" or better, in "Best's Insurance Reports --Fire and Casualty." Any such insurance required of Lessee hereunder may be furnished by Lessee under any blanket policy carried by it or under a separate policy therefor. A copy of each paid -up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, shall be delivered to City's Executive Director prior to the date Lessee is given the right of possession of the Premises, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage. City may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Lessee hereunder. In no event shall the limits of any policy be considered as limiting the liability of Lessee under this Lease. 06/25/91 5605n/2588/00 -6- 1 J4 (c) Specific Provisions in Policy. Each policy evidencing insurance required to be carried by Lessee pursuant to this Article shall contain the following provisions or clauses: (i) a provision cancel, or materially change the policy without first giving City prior written notice; that the insurer will not coverage provided by such and City thirty (30) days' (ii) a waiver by the Lessee's insurer of any _ right to subrogation against City or City and their officers,. agents, employees or representatives which arises or might arise by reason of any payment under such policy or policies or by reason of any act or omission of City or City or their officers, agents, employees or representatives. 6.2 Covenant to Indemnify and Hold Harmless. Lessee covenants to defend and indemnify City, the City of La Quinta and their officers, representatives, agents and employees and save them harmless from and against any and all claims, actions, damages, liability and expenses, including attorneys' fees, in connection with the loss of life, bodily injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises, or the occupancy or use by Lessee of the Premises or any part thereof, or arising from or out of Lessee's failure to comply with any provision of this Lease or otherwise occasioned wholly or in part by any act or omission of Lessee, its agents, directors, stockholders, representatives, contractors, employees, servants, customers or licensees. In case City or City shall; without fault on its part, be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and hold them harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by City or City in connection with such litigation. City may, at its option, require Lessee to assume City's defense in any action covered by this Section through counsel satisfactory to City. Lessee, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever except that which is caused by the failure of City to'observe any of the terms and conditions of this Lease and such failure has persisted for an unreasonable period of time after written notice of such failure,'and Lessee hereby waives all its claims in respect thereof against City. 6.3 Waiver of Subrogation. Each party hereto does hereby waive, remise, release and discharge the other party hereto and any officer, director, shareholder, beneficiary, partner, agent, employee or representative of such other party, of and from any liability whatsoever hereafter arising from loss or damage for which property insurance (fire and allied 06/25/91 5605n/2588/00 -7- 115 perils) containing a waiver of subrogation is carried by the injured party under such insurance. Lessee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. ARTICLE VII. UTILITY CHARGES 7.1 Utility Charges. Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other utility services used on or in the Premises and/or,the Improvements during the Term. If any such charges are not paid when due, City may pay the same, and any amount so paid by City shall thereupon become due to City from Lessee as additional rent. All utility charges incurred in the operation and maintenance of that portion of the Premises constituting the reservoir and water district facilities, if any, shall be paid by City or City. City shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and/or the Improvements and no such failure or interruption shall entitle Lessee to terminate this Lease, or to an abatement of the Rent, additional rent or other charges due hereunder. ARTICLE VIII. ALTERATIONS AND ADDITIONS 8.1 Alterations and Additions. Lessee shall not have the right to make changes or alterations in the Improvements or the Premises, except on the following conditions: (a) Lessee shall not make any alterations, whether structural or non-structural, which will decrease the value of the Premises or the Improvements. Lessee shall make no changes in or additions to the Improvements or the Premises, without first submitting to City plans and specifications thereof, and obtaining City's written consent thereto. (b) Before the commencement of any work, Lessee shall pay the amount of any increased premiums on insurance policies provided for hereunder, and Lessee shall, in addition, if the estimated cost of such work shall exceed Five Thousand Dollars ($5,000), provide City, at Lessee's expense, with a surety company performance bond of a company reasonably acceptable to City, in an amount equal to the estimated cost of all work, which bond shall guarantee completion of work free and clear of all liens, encumbrances, security agreements, chattel mortgages and conditional bills of sale in accordance with the approved plans and specifications therefor. 06/25/91 5605n/2588/00 -8- ~v (c) All buildings, additions, rebuildings, replacements and improvements or appurtenances on or in the Premises which may be erected, installed or affixed by Lessee on or in the Premises during the Term shall, at the end of the Term be deemed a part of the Premises. (d) City shall in no event be required to make any alterations, rebuilding, replacement, changes, additions or improvements or repairs to the Premises during the Term except as specifically provided in this Lease. (e) All alterations, decorations, additions and improvements made by Lessee shall be deemed to have attached to the realty and to have become the property of City upon the expiration of the Term or upon -the expiration of any renewal of the Term or upon sooner termination of this Lease. Lessee shall not remove any of such alterations, decorations, additions and improvements, except that trade fixtures installed by Lessee may be removed if all rents and other charges due herein are paid in full and Lessee is not otherwise in default hereunder and Lessee shall promptly repair any damage caused by such removal. City may designate by written notice to Lessee alterations, decorations, additions and improvements which shall be removed by Lessee at Lessee's expense at the expiration or termination of the Lease, and Lessee shall promptly remove the same and repair any damage to the Premises caused by such removal. ARTICLE IX. NO ASSIGNMENT AND SUBLETTING 9.1 Agency's Consent Revuired. Notwithstanding any provision herein to the contrary Lessee agrees and covenants (which covenants shall run for the term of this Lease and be binding upon the heirs, executors, and administrators of Lessee) that Lessee will not, either voluntarily or by operation of law, assign, sell, encumber, pledge or otherwise transfer all or any part of Lessee's leasehold estate hereunder, or permit the Premises to be occupied by anyone other than Lessee or Lessee's employees, or sublet the Premises or any portion thereof, without City's prior written consent in each instance. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent and at City's election, shall constitute a default. 9.2 Lessee Remains Oblioated. assignment, even with the consent of of its obligation to pay the rent and other obligations to be performed by acceptance by City of any payment due 06/25/91 5605n/2588/00 IM No subletting or City, shall relieve Lessee to perform all of the Lessee hereunder. The hereunder from any other 4 3 -1 person shall not be deemed to be a waiver by City of any provision of this Lease or to be a consent to any assignment or subletting. Consent by City to one or more assignments of this Lease or to one or more subletting of the Premises shall not operate as a waiver or estoppel to the future enforcement by City of its rights pursuant to the provisions of this Lease. ARTICLE X. DEFAULT 10.1 Events of Default. The word -"default," as used in this Section 10, shall mean and include any one or more of the following events or occurrences: (a) The failure by Lessee to make any payment of rent, additional rent or other payment required to be made by Lessee hereunder, as and when due. (b) The failure of Lessee to perform any term, condition, covenant or agreement of this Lease, excluding the payment of rent and additional rent, and the continuation of such failure for a period of ten (10) days after City shall have given Lessee written notice specifying the same, or in the case of a situation in which the default cannot reasonably be cured within ten (10) days, if Lessee shall not promptly, within ten (10) days after receipt of such notice, commence to remedy the situation by a means that can reasonably be expected to remedy the situation within a reasonable period of time and diligently pursue the same to completion within sixty (60) days after the date of giving of such notice; (c) The abandonment by Lessee of the Premises or a substantial portion thereof; (a) General. In the event of any default by Lessee, City may: (i) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to City. In such event City shall be entitled to recover from Lessee: (1) The worth at the time.of award of the unpaid rent and additional rent which had been earned at the time of termination; 06/25/91 5605n/2588/00 -10- II5 . (2) The worth at the time of award of the amount by which the unpaid rent and additional rent which would have been earned after termination until the time of award exceeds the amount of such loss that Lessee proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid rent and additional rent for the balance of the Term after the time of award exceeds the amount of such loss that Lessee proves could be reasonably avoided; and (4) Any other.amount deemed necessary and/or allowable by applicable statute or decision to compensate City for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which, in the ordinary course of events, would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, including necessary repair, reasonable attorneys' fees, and any other reasonable costs. The "worth at the time of award" of the amounts referred to in subparagaphs (1) and (2) above shall be computed by allowing interest at the maximum legal rate permitted by law from the dates such.amounts accrued to City. The worth at the time of award of the amount referred to in subparagraph (3) above shall be computed by discounting such amount at one (1) percentage point above the discount rate of the Federal Reserve Bank of San Francisco at the time of award. (ii) City may terminate this Lease by express written notice to Lessee of its election to do so. Such termination shall not relieve Lessee of any obligation hereunder which has accrued prior to the date of such termination. In the event of such termination, City shall be entitled to recover from Lessee the amounts determined pursuant to paragraph (i) above. (b) Agency's Obligations. City shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Lessee hereunder. (c) Reasonable Rental Value. In any action for unlawful detainer commenced by City against Lessee by reason of any default hereunder, the reasonable rental value of the Premises for the period of the unlawful detainer shall be deemed to be the amount of rent, additional rent and other charges reserved in this Lease for such period, unless City or Lessee shall prove to the contrary by competent evidence. 06/25/91 5605n/2588/00 -11- (d) Cumulative Remedies. The rights and remedies reserved to City herein, including those not specifically described, shall be cumulative and, except as provided by California statutory law in effect at the time, City may pursue any or all of.such rights and remedies at the same time or otherwise. (e) Agency's Non -Waiver. No delay or omission of City to exercise any right or remedy shall be construed as a waiver of any right or remedy or of any default by Lessee hereunder. The acceptance by City of rent or any additional rent hereunder shall not be a.waiver of any preceding breach or default by Lessee of any provision hereof, other than the failure of Lessee to pay the particular rent or any additional rent accepted, regardless of City's knowledge of such preceding breach or default at the time of acceptance of such rent or any additional rent, or a waiver of City's right to exercise any remedy available to City by virtue of such breach or default. The acceptance of any payment from a debtor in possession, a trustee, a receiver or any other person acting on behalf of Lessee or Lessee's estate shall not waive or cure a default under Section 15.1(d). (f) Agency's Reentry. Lessee hereby irrevocably consents to City's peaceable reentry, if City so elects, to the Premises upon the occurrence of any of the events specified in Section 10.1 above, and City gives not less than three (3) days' prior written notice to Lessee. (g) Agency's Advances. In the event of any default by Lessee in the payment of money, other than rent, or the performance of obligations required of Lessee under this Lease, then in addition to the other remedies herein granted to City, City may, but shall not be obligated to do so, and without waiving'or releasing Lessee from any obligations of this Lease, make any payment and perform any other act on Lessee's part to be made or performed as provided in this Lease. All sums paid by City and all necessary incidental cost, together with interest thereon at the rate of ten percent (10%) per annum or at the maximum rate permitted by law, whichever is greater, from the date of the payment by City shall be payable by Lessee to City on demand. The sums shall be deemed to be additional rent and subject to the same consequences as herein provided for failure to pay rent. 10.3 Default by City. City shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after written notice by Lessee to City specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than 06/25/91 5605n/2588/00 -12- 4 1 'F' _thirty (30) days are required for its performance, then City 'shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 10.4 Legal Expenses and Collection Costs. If either party incurs any expense, including actual costs of collection, reasonable attorneys' fees, expenses of discovery, preparation for litigation, expert witness fees and litigation expenses and costs, in connection with any action or proceeding instituted by either party by reason.of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other party. For purposes of this provision, in any unlawful detainer or other action or proceeding instituted by City based upon any default or alleged default by Lessee hereunder, City shall be deemed the prevailing party if (a) judgment is entered in favor of City or (b) prior to trial or judgment Lessee shall pay all or any portion of the rent and charges claimed by City, eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by City to constitute a default by Lessee hereunder. ARTICLE XI. HOLDING OVER 11.1 Holding Over. This Lease shall terminate and become null and void without further notice upon the expiration of the Term herein specified, and any holding over by Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when in writing signed by both parties hereto. ARTICLE XII. ACCESS BY AGENCY 12.1 Right of Entry. City and City's agents, contractors, servants and employees shall have the right to enter the Premises at all reasonable times (a) to examine the Premises or for the purpose of performing any obligation of City or exercising any right or remedy reserved to City in this Lease; (b) to exhibit the Premises to prospective purchasers, mortgagees or lessees; (c) to make such repairs, alterations, improvements or additions to the reservoir and water district facilities as City or City may deem necessary or desirable; and (d) to take all materials into and upon the Premises that may be required in connection with such repairs, alterations, improvements or additions without the same constituting a constructive or actual eviction of Lessee, in whole or in part, and the Rent shall not abate while such repairs,.alterations, improvements or additions are being made. Lessee shall permit City and City to install, use and maintain pipes, ducts and 06/25/91 5605n/2588/00 -13- conduits within or through the Premises, provided that the installation work is performed at such times and by such methods as will not unreasonably interfere with Lessee's use and occupancy of the Premises, or substantially damage the appearance thereof.Nothing herein contained however, shall be deemed or construed to impose upon City any.obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises, other than as in this Lease otherwise provided. ARTICLE XIII. QUIET.ENJOYMENT 13.1 Quiet Enjoyment. Upon payment by Lessee of the rents provided herein, and upon the observance and performance of all of the covenants, terms and conditions on the part of Lessee to be performed hereunder, City covenants and warrants that Lessee may peaceably and quietly hold and enjoy the Premises for the Term. ARTICLE XIV. FORCE MAJEURE 14.1 Force Majeure. In the event the performance by either party of any of its obligations hereunder is delayed by reason of the act or neglect of the other party, act of God, stormy or inclement weather, strike, labor dispute, boycott, lockout or other like defensive action by such party, inability to obtain labor or materials, governmental restrictions, riot, insurrection, war, catastrophe, casualty, act of the public enemy, or any other cause, whether similar or dissimilar, beyond the reasonable control of the party from whom such performance is due, the period for the commencement or completion thereof shall be extended for a period equal to the period during which performance is so delayed. ARTICLE XV. MISCELLANEOUS 15.1 Waiver. The waiver by either City or Lessee of any breach of any term, condition or covenant contained herein shall not be deemed a waiver of such term, condition or covenant on any subsequent breach of the same or any other term, condition or covenant contained herein. 15.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Lessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after deposited in the United States mail, certified or registered, postage 06/25/91 5605n/2588/00 -14-� f)22 _prepaid, and addressed to the respective parties at their "addresses set forth below: City of La Quinta 78-105 Calle Estado La Quinta, California 92253 15.3 Relationship of Parties. Nothing contained herein. shall be deemed or.construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnershp or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of City and Lessee. 15.4 Remedies Cumulative. The remedies herein given to City shall be cumulative and are given without impairing any other rights or remedies given City by statute or law now existing or hereafter enacted, and the exercise of any one (1) remedy by City shall not exclude the exercise of any other remedy. 15.5• Effect of Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No acquisition by City of all or any of the interest of Lessee in or to the Premises or the Improvements, and no acquisition by Lessee of all or any interest of City in or to the Premises shall constitute or work a merger of the respective interest, unless expressly provided for. 15.6 Successors and Assigns. This Lease and the covenants and conditions contained herein shall be binding and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Lessee, and all references in this Lease to "Lessee" or "City" shall be deemed to refer to an include all permitted successors and assigns of such party. 15.7 Consents. Except as expressly provided in this Lease, where the consent or approval of City or Lessee is required in this Lease, such consent or approval will not be unreasonably withheld nor will the party giving such consent require the payment of any consideration for the giving 06/25/91 5605n/2588/00 -15-_ `j23 thereof. City's request for indemnity by Lessee and/or its successor as a condition to granting such consent shall not be considered as requiring payment of any consideration for purposes of this Section. 15.8 Entire Agreement. This Lease and the exhibits hereto contain the entire agreement of City and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either City or Lessee, which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective ,for any purpose. No provision. of this Lease may be amended or added to except by an agreement in writing signed by City and Lessee. • 15.9 Corvorate Authority. Each individual executing this Lease on behalf of the corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of the corporation, and that. this Lease is binding upon the corporation in accordance with its terms. Lessee shall, at City's request, deliver a certified copy of its board of directors' resolution or certificate authorizing or evidencing such execution. In addition, as a condition for the execution of this Lease by City, the obligations, covenants and performance of the Lessee as herein provided shall be guaranteed in writing by acceptable Guarantors on a form of guarantee provided by City. 15.10 Controllina Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. 15.11 Non -Discrimination. The Lessee covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Premises, or any part thereof, that during the. Term, the Lessee, such successors and such assignees, shall devote the Premises to the uses specified in the Redevelopment Plan and this Agreement for the periods of time specified therein. The foregoing covenant shall run with the land. The Lessee covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, transfer, use, occupancy, tenure or enjoyment of the Sites, nor shall the Lessee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Premises. The foregoing covenants shall run with the land. 06/25/91 5605n/2588/00 -16- The Lessee shall refrain from restricting the use, rental, sale or lease of the Premises on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be.subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or. segregation of, any person or group,of persons on account of race, color, creed, religion, sea, marital status, age, handicap, national origin or ancestry in the sale, lease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or he or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and ,all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin in the leasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants or vendees in the premises herein leased." 3. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the sale, lease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with.reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, or vendees of the premises." 06/25/91 5605n/2588/00 -17- 44 - `25 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. THE CITY OF LA QUINTA, a public body corporate and politic 1 By: Chairman "AGENCY" LA QUINTA CHAMBER OF COMMERCE, a California nonprofit corporation 01 By : �- By: "LESSEE" 06/25/91 5605n/2588/00 -18- April 29, 1999 Mr. Tom Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 922.53 Dear Tom: ATTACHMENT 29 CIS'✓'• .='��?_�-:�'T. _ The attached correspondence from the La Quinta Arts Association was presented to our organization's Board of Directors yesterday (4/28/99) for consideration. It is self- explanatory. The action taken by the Board was as follows: 1. Voted to support the sublease concept as requested by the Association. 2. The Association would have to assume fiscal responsibility for any renovations or additions, which may be necessary to meet its goals. The Association would be required to provide liability insurance as required by the leasor. We have advised the Association of the Board's action and have also advised the Associations' Elaine Reynolds that this is a City owned facility and any sublease and its related terms must be approved by the City. The gallery and sculpture garden as proposed for the Chamber's Village office could prove to be an interesting concept for the Village area. I am sure that representatives of the Association will be contacting you soon. Please advise how you may wish to proceed. Thank you for your attention. Sincerely, Douglas A. Yavaman Executive Director cc: John Pena, Mayor Ron DiGrandi, Chairman of the Board Elaine Reynolds, La Quinta Arts Association A / C1/j4't' I,,Iv 2 c; . 'a Ouiuld. (.J u22 d t I ?ar'(ill.;04 1)2 Post Office Box q La Quetta, CA 92253 Mr. Douglas Yavonian Executive Director La Quinta Chamber of Commerce 78-371 Highway La Quinta, CA 9 z 2 5 3 April 15, i 999 Dear Mr. Yavankm, Thank you for meeting with me and the other La Quinta Arts Association members today. The La Quinta Arts Association, as you know, is made up . of local Coachella Valley artists. The purpose of the meeting was to discuss sub -leasing the back room of the 5 -1 -; 5 i Avenida Bermudas site. Presently you are occupying the entire house, but you would be willing to let us use the room opening into the outdoor space for an an gaAery and sculpture garden. The location, next to the highly trafficked post office, is especially suitable to exhibiting local art, and should be a draw to bring people in. As you pointed out, people now -a -days who are looking at a site consider schools and art important to a location. In working together, 1 feel all of us can benefit I would appreciate if you could present our cause to the city council and help us secure this very attractive site for a gallery for local artists of the La Quinta Arts Association. Thank you for assistance. Sincerely,, Elaine Reynolds President La Quinta Arts Association ATTACHMENT 4 City Council Minutes 3 June 1, 1999 5. PPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT F TRACT 23995-4, INCO/HUNTINGTON HOMES. 6. APPROVAL,,OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 995-5, INCO/HUNTINGTON HOMES. 7. APPROVAL TO NEGOTIATE WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMNJOVEMENT PROJECT AND PRIVATE DEVELOPER PROJECT INSPECTION. 8. ADOPTION OF RESOLUTION REATFIRMING THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 1 AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, ND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASS SMENTS ON CITY PARCELS UNDER CSA 152. (RESOLUTION NO. 99-70) MOTION - It was moved by Council Members Sniff/He erson to approve the Consent Calendar as recommended and with Item Nos. 3, 4, and 8 being approved by RESOLUTION NOS. 99-67 through 99-70 resp tively. Motion carried unanimously. MINUTE ORDER NO. 99-66. BUSINESS SESSION 1. CONSIDERATION OF REQUEST BY THE LA QUINTA ARTS ASSOCIATION TO SUBLEASE A CITY -OWNED BUILDING OCCUPIED BY THE LA QUINTA CHAMBER OF COMMERCE. Ms. Coyle, Management Analyst, advised that the La Quinta Arts Association is asking to sublease a portion of the building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas. The Chamber's Board of Directors has voted to support the request, providing that the Association assumes any fiscal responsibility for renovations or additions and that they provide liability insurance. The building is currently rented to the Chamber for $1 monthly. That arrangement can be maintained, or a per square foot lease may be entered into with the Association. The City's insurance broker has recommended that the Association be required to provide the same $1 million liability insurance coverage that is required of the Chamber, and that additional at -risk insurance may be required if expensive art pieces are housed in the building. She advised that Ms. Reynolds has indicated that the Association will need help to pay for the liability insurance, however, the City's insurance broker has advised that if the Association currently has liability insurance, there shouldn't be any additional costs to add the new location and the City to the City Council Minutes 4 June 1, 1999 policy. The Association is also asking to use the outside area in the rear of the building for a sculpture garden, and she noted that the facility is not currently secured for that use. Mr. Herman, Community Development Director, advised that the Public Use Permit process, which the Chamber was processed under, no longer exists in the Zoning Ordinance, and would have to be converted to a Conditional Use Permit process. Any modification to the exterior use will require a modification to the permit, and the application fee is $750. The sculpture garden and any retail would be ancillary uses and need to be processed as a modification to the application. In response to Mayor Pena, Mr. Herman advised that Conditional Use Permits go to a public hearing before the Planning Commission. In response to Council Member Henderson, Mr. Herman confirmed that the building is not in The Village, but rather in the Major Community Facilities District. Under the current permit, the Association may occupy the interior space of the building. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that a joint Conditional Use Permit application from the Chamber and Association would make the most sense. Elaine Reynolds, 49-294 Vista Bonita, stated that she understood their liability insurance only covers schools and can't be transferred, but she will check to find out if it covers other public facilities. She advised that they could move in without a sculpture garden, but felt that a sculpture garden would attract attention. Mayor Pena suggested the sculpture garden might be a long-term plan. Doug Yavanian, 78-371 Highway 1 1 1, President of La Quinta Chamber of Commerce, asked if a Conditional Use Permit would be required to extend the building over an existing concrete slab, to which Mr. Herman responded yes. Council Member Henderson supported joint use of the building, but felt it should evolve slowly without the sculpture garden initially to see how the parking problems can be addressed. Council Member Sniff felt the parking concern is critical, but didn't have a problem giving conceptual approval provided there's a hold harmless agreement, proper insurance, and an annual review and approval. He preferred a more 4 4'1 City Council Minutes 5 June 1, 1999 permanent location with better access and parking, and wasn't sure how well art pieces could be secured in the outside area. Council Member Adolph supported the request, and asked if there's any way for the Chamber's liability insurance to cover the Association. Ms. Coyle advised that staff didn't ask the City's insurance broker that specific question, but it could be checked into. Council Member Perkins didn't have a problem with the request. His only concerns were related to parking and security. Mayor Pena felt it's a great idea with a lot of potential, and believed the issues can be worked out satisfactorily. MOTION - It was moved by Council Members Sniff/Adolph to approve the concept of a sculpture garden and of subletting a portion of the City -owned building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas to the La Quinta Arts Association with the details to be addressed through the appropriate permit process and including in the sublease agreement a $1 million liability insurance policy, hold harmless agreement, and an annual review/approval by the City. Motion carried unanimously. MINUTE ORDER NO. 99-67. May'bf,,Pena advised that a presentation would be made at this time. Joe Palencia, Chairman o he Inland Empire Branch of the American Public Works Association, presented a pIaqDtto the City for completing the Fritz Burns Park Pool Project in phenomenal time without y contract change orders and within budget. BUSINESS SESSION ........... continued 2. CONSIDERATION OF APPROVAL OF CULTURAL RTS COMMISSION 1999/2000 WORK PLAN. Ms. Horvitz, Community Services Director, advised that the Cult I Arts Commission has made some minor changes to their 1999/2000 Work Plan, are submitting it for Council's review and comment. 4E1'7 `+ 31 ATTACHMENT 5 DRAFT July 21, 1999 Ms. Shelly Morris, Chairman of the Board La Quinta Chamber of Commerce Post Office Box 255 La Quinta, Ca 92253 Dear Shelly: At the June 1, 1999 meeting, the City Council approved the concept of the Chamber of Commerce subleasing a portion of the City -owned building occupied by the Chamber of Commerce, located at 51-351 Avenida Bermudas, to the La Quinta Arts Association. The Ground Lease Agreement for this property between the City and the Chamber requires the City's written consent to the sublease, as outlined in Section 9.1. The City's consent to the sublease does not relieve the Chamber of any of the obligations included in the Ground Lease Agreement, as outlined in Section 9.2. The actual sublease agreement should be between the Chamber and the Arts Association. This letter shall act as the City's written consent to the sublease of office space at this time. It is the City's understanding that the Arts Association would like to have a sculpture garden at this location in the future. The sculpture garden requires City consideration through the conditional use process. If the sculpture garden were approved by the City, a new sublease would have to be prepared for the City's review and approval. The City consents to the sublease of office space to the Arts Association provided that 1) the Chamber allows the City Attorney to review and approve the sublease agreement prior to signing; and 2) the following conditions are included in the sublease agreement: • A requirement for the Arts Association to provide $1,000,000 in liability insurance and name the City as additional insured. • A requirement for the Arts Association to provide a hold harmless agreement. q1 4� ' `�32 • A requirement for an annual review and approval of the sublease by the City. • A section outlining requirements for the sculpture garden to be considered through the City's conditional use process prior to implementation. If you have any questions, please contact Linda Coyle at (760) 777-7073. Sincerely, John J. Pena Mayor ►33 Jur-30-99 01:20P REYNOLDS 760 564 5957 June 15, 1999 U Quanta Arts Association Post Office Box 4, La Quinta, CA 922S3 Phonc: 176a? 564 t88o - Fax 1760} S64 5957 The Honorable John Pena and Members of the City Council ATTACHMENT 6 Elaine Reynolds, President Nan Bunnelt, Vice President Mary Dwyer, Treasurer Thank you for approving the concept of subletting a portion of the City -owned building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas to the La Quinta Arts Association. It is our desire that you go forward with the preparation of a sublease agreement. This year it is necessary that we obtain a grant from the City of La Quinta to cover the % I million liability insurance policy plus the Directors and Officers liability coverage. Enclosed you will find copies of insurance quotes from HRH Insurance_ Our present insurance company, Evergreen Insurance Co., Beverly Hills CA, will not cover a public building -- only schools. We honestly feel we can make a difference in the Village of La Quinta, and we thank you for the confidence you have shown in our Association. Sincerely, aine Reynolds, President 451 034 06-30-99 13:47 RECEIVED FROM:760 564 5957 P•02 Jun-30-99 01:20P REYNOLDS 760 564 5957 P.03 ___ THE LA QUINTA ARTS ASSOCIATION Statement of Revenue and Expenses for July 1, 1998- June 30, 1999 Revenue: Revenue from Membership Dues $1,925.00 Revenue from Commissions from Sales of Members Artworks T-Bo's Show $1,114.50 Heritage Palms Show 232.80 Garage Sale 329.00 $1,676.30 Total Revenue $3,601.13 Expenses: Meeting Space Expense S 286.00 Insurance Expense 190.00 Legal Expense 10.00 Newsletter Expense 1,106.03 Banking Expense � 25.45 Advertising Expense S00 -7 gC75 Gu , -y- 904.73 Supplies 170.00 History Expense 76.29 Total Expenses $2,768.50 035 06-30-99 13:47 RECEIVED FROM:760 564 5957 P•03 Jun-30-99 01:20P REYNOLDS - 06/11/99 FRI 15:16 FAX TVUZUU40VD -- ---- _ 760 564 5957 ■ m, LFAMA DIAZ HRH Insurance Services of Southern California 77-564 Country Club Drive, Suite 401 Palm Dcsert, CA 92211 Phone: 760/ 360-4700 FAX: 760/ 360-4799 DATE: 06/ I 1 / 99 3:23 PM TO: MM. ELAINE REYNOLDS/ RE: LA QUINTA ARTS ASSOCIATION FAX #: 564-5957 No. Pages (Including cover page):. RE: QUOTE FOR PROPERTY AND LIABILITY DEAR ELAINE ALTHOUGH THE UNDERWRITERS HAVE RUSHED, THEY WILL NOT BE ABLE TO GIVE YOU A QUOTE ON THE DIRECTORS' AND OFFICERS' LIABILITY COVERAGE UNTIL NEXT WEEK. 1 AM HOPING FOR MONDAY. IN TERMS OF WHAT YOU MAY CONVEY TO THE MEMBERS, PLEASE INDICATE THAT THERE IS A MINIMUM PREMIUM OF $1000 AS WE DISCUSSED. THANK YOU FOR GETTING ALL THE NECESSARY PAPERWORK TOGETHER, I AM ATTACHING THE PROPERTY AND LIABILITY QUOTE FOR THE ASSOCIATION. THEY HAVE GIVEN DISCOUNTS, SO IT IS LESS THAN THE $1000 I GAVE YOU AS BALL PARK LAST WEEK. THERE ARE NUMEROUS ENHANCEMENTS WITHIN THIS PACKAGE, WHICH YOU MAY FEEL ARE UNECESSARY. THEY ARE AN AUTOMATIC PART OF THEIR POLICY, CANNOT BE DELETED, AND THE PRICE WOULD NOT BE ALTERED EVEN IF THEY WERE ELIMINATED. CQ)ZUJ QE LIM11 $2,0007000 _ GENERAL AGGREGATE PRODUCTS/COMPLETED OPERATIONS AGGREGATE $2,0007000 PERSONAL & ADVERTISING INJURY S 1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE LEGAL(ANY ONE FIRE) $ 507000 MEDICAL EXPENSE(ANY ONE PERSON) $ 57000 LICENSE #0684503 15i 06-30-99 13:47 RECEIVED FROM:760 564 5957 P.04 036 Jun-30-99 01:21P REYNOLDS 760 564 5957 P.05 MAMA DL4 Z HRH Insurance Services of Southern California 77-564 Country Club Drive, Suite 401 Palm Desert, CA 92211 Phone. 760/ 360-4 700 FAX: 760/360-4799 CONTENTS/BPP $2,5000 90% CO-INSURANCE REPLACEMENT COST SPECIAL FORM INCLUDING THEFT SEE ADDITIONAL COVERAGES AS ATTACHED- TRAVELERS PROPERTY EXTRA ENDORSEMENT. TOTAL PREMIUM (PROPERTY & LIABILITY) $973.00 CERTAINLY HOPE AT LEAST HAVING THIS EXACT QUOTE HELPS WITH YOUR MEETING WITH MEMBERS ON MONDAY. PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS. WHEN I'VE RECEIVED THE D&O QUOTE, I WILL FAX ALSO. GLAD THAT WE WERE ABLE TO ASSIST YOU. 7NA Y, M- DI Z ucerv�'E tR06eA503 4 3"'j 37 06-30-99 13:48 RECEIVED FROM:760 564 5957 P•e5 Jun-30-99 01:21P REYNOLDS 760 564 5957 P.06 La Quinta Arts Association Post Office Box 4, La Quinta, CA 92253 Phone: (76o) S64 Ago - Fax {76a) S64 59S7 June 15, 1999 Leanna Diaz IIRH Insurance Service 77-564 Country Club Drive, Suite 401 Palm Desert, CA 92211 Dear Leanna: Elaine Reynolds, President Nan Bunnell, Vice President Miry Dwyer, TTreawler Thank you for our liability insurance quotes for the La Quinta Arts Association, The two events for the year 2000 are February 12 and 13 at Heritage Palms, Fred Waring at Jefferson in Indio , 760-772-7333 and February 26 and 27 at T-Bo's Restaurant, 78-073 Calle Barcelona, La Quinta, 760-564-4771, with possibly a patrons' night art preview Friday, February 25 from 5 until 10 P.M. Should you have any further questions, please contact me. Sin ely, aine Reynolds, resident 4J > +)38 06-30-99 13:48 RECEIVED FROM:760 564 5957 P•06 Jul-12-99 09:54A REYNOLDS 760 564 5957 P_02 LEMNA DIAZ HRH Insurance Services of Southern California 77-564 Country Club Drive, Suite 401 Palm Desert, CA 92211 Phone: 760/ 360-4 700 FAX: 760/360-4799 DATE: 07/08/99 9:17 AM TO: ELAINE REYNOLDS/ LA QUINTA ARTS ASSOCIATION FAX #: 564-5957 No. Pages (Including cover page):2 RE: DIRECTORS AND OFFICERS LIABILITY COVERAGE QUOTE ELAIN£ WE HAVE BEEN PROVIDED A QUOTE FOR THE ASSOCIATION'S DIRECTORS AND OFFICERS LIABILITY COVERAGE. PLEASE GIVE ME A CALL IF YOU HAVE ANY QUESTIONS. CARRIER: US LIABILITY INSURANCE CO. RATING: A.M_BEST A++ LIMIT OF LIABILITY ANNUAL PREMIUM RETENTION (DEDUCTIBLE) S 500,000 S 632.00 0 S 1,000,000 $ 790.00 0 S 2,000pw S 1,185.00 0 S 3,000,000 $ 1,383.00 0 S 4,000tOOO S I,580.00 0 S 510001000 S 1,778.00 0 FIDUCIARY LIABILITY COVERAGE CAN BE ADDEDED AT $ 100.00 ANNUAL PREMIUM. A SUPPLEMENTAL QUESTIONAIRE MUST BE COMPLETED AND REVIEWED. PLEASE GIVE ME A CALL TO ADVISE IF YOU WOULD LIKE TO OBYAIN THAT COVERAGE. EMPLOYEE PRACTICES LIABILITY IS NOT OFFERED BECAUSE THERE ARE NO EMPLOYEES. EXMME AMASM3 !)3 07-12-99 10:21 RECEIVED FROM:766 564 5957 P•92 Jul-13-99 03:04P REYNOLDS a r-AJ-7y lL:t)t$ City of La Auinta 760 5` ATTACHMENT 7^ 01 ID-760 77 P-02 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-OQ Name of Organization: Amount Requested:_ Contact Person: E r Mailing Address: �i City: a �' 111 ,fg State: ( a Zip Code: Phone No. '76t�) —, 6� q / c - C' 501(c)3 Taxpayer I.D. Number. Date Submitted:-� -��� % --5 07-13-99 15 : 31 RECEIVED FROM:7b" 5b4 595"l P • tI I Jul-13-99 03:04P REYNOLDS 760 564 5957 P.02 97-13-99 11:58 City of La Quinta ID-769 777 7101 P•03 APPLICATION 1. What is the overall purpose or goal of your organization? , ��.V��f�1'L C�v12 M gf, 7, GS �� b� nr, k� fir` 14rsAs O-PP tics _ 76 iY �_7 T U26 ,4,fk (Z21z.L L !-) o ty o f H -�:-> ; 2. How long has your organization been in existence? _Years iMonths 3. Describe in general the activities or services of your organization. 4. How many people does your organization currently serve? No. of Youth C) No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 0 No. of Adults�l �No. of Seniors 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth O No. of Adults No. of Seniors 7. How many paid employees/volunteers does your organization employ? Full time empl .)sees Part time employees Volunteers 1_ L U c, ►Z 1Zt j~ �F Vic, (.1 C� B. Describe how your organization is managed and governed. 4J `f41. 07-13-99 15:31 RECEIVED FROM:760 564 5957 P.01 Jul-13-99 O3:04P REYNOLDS _ 760 564 5957P•O 3� 9. Please provide information on your Executive Board members or contact person: Mat"a _ i tad! Home A MU I ,Mean leis NOWN WON MTAIMM Wig a i [ PIMA WA 10. What is your annual schedule of events, and during whet months does your organization operate? . ( � 49 U r {� f y� 1 T f) -T Leo�> 7 - 9 of" r- � �- A u � h,�� L r� `_�C 1)1 lILU-Lk 12 /t --- �T i r iv f eyes harge admission, rnernbership fee, dues, etc.? No If yes, pies" describe: -�or) _�,� .._ t,nI_ nn40An71�01,� What are your other sources of revenue for this funding year? AR Total Needed �_ 3 Total Received $ 5 � ��� Balance $ ;5 . 07-13-99 15:32 RECEIVED FROM:760 564 5957 �C;c 16 4 J '4 i A2 Y.03 Jul-13-99 03:04P REYNOLDS 760 564 5957 P.04 yr-1J-uu II:'C City of La Aulnta ID-760 777 7101 P.05 13. Amount of money requested from the City of La Quintal S ri 14. Has your organization been funded by the City of Le Quinta previously? -<—Yes No If yes, when [j Amount received 15. Need Statement. Clearly and plainly state the reason or need for the requested funds and how these funds will be used, if awarded. ky)/Y 16. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. /v E o 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended Community Services grant expenditures. o � nr >z r z, jY , Y c/ 10 4c < < f � d. Non-profit organizations must attach a copy of the organization's current IRS Form 990. 6 43 07-13-99 I5:32 RECEIVED FROM:760 564 5957 P•04 Jul-13-99 03:04P REYNOLDS 760 564 5957 P.05 THE LA QUINTA ARTS ASSOCIATION Statement of Revenue and Expenses for July 1, 1998- Jwie 30, 1999 Revenue: Revenue from Membership Dues $1,925.00 Revenue from Commissions from Sales of Members Artworks T-Bo's Show $1,114.50 Heritage Palms Show 232.80 Garage Sale 329.00 $1,676.30 Total Revenue $3,601.13 Expenses: Meeting Space Expense $ 286.00 Insurance Expense 190.00 Legal Expense 10.00 Newsletter Expense 1,106.03 Banking Expense 25.45 Advertising Expense 904.73 Supplies 170,00 History Expense 76.29 Total Expenses $2,768.50 's44 07-13-99 15:33 RECEIVED FROM:760 564 5957 P-05 Jul-13-99 03:05P REYNOLDS 760 564 5957 P.06 THE LA QUINTA ARTS ASSOCIATION Proposed Budget Statement of Revenue and Expenditures for July 1,1999- June 30,2000 Revenue: Cash on Hand $1,230 Revenue from Grants & Contributions $1 million liability inswrance 973 $ l million O&D liability insurance 790 Village Use Permit 700 Membership Dues 1,925 Total Grants, Contributions and Membership Dues $4,388 Revenue from Commissions from sales of Members Artworks 1,700 Total Revenue $7,318 Expenses: Occupancy Expenses Gallery Utilities $ 350 Insurance Expense 1,763 Signage 600 Telephone 550 Fence 600 Paint 200 Rent 6 Total Occupancy Expense $4,069 Legal Expense 10 Newsletter Expenses 995 Advertising F,xpense 550 Monthly Meeting Expenses 450 Banking Expense 26 Village Use Permit 700 Total Expenses $6,900 ,45 07-13-99 15:33 RECEIVED FROM:760 564 5957 Y•06 Jul-13-99 03:05P REYNOLDS 760 564 5957 p_O7 0 ~ ` State *Califomia r Bill Jones �,• ,o t 4 Sat•r�.^•n :W2w� iY. Secretary of State m� STATEMENT BY DOMESTIC NONPROFIT CORPORATION tows STATT. aw AAI$T Re n1go wITN CV-*O'WAA SlCpETAAT Of $TATt (SECT101M 010. 12M. ftft COMOMTKNO COM) THE 510 FILOW FEE MUST" ACCOMPANY THIS SUTFUENY CI6I43N 1S OUT 0011 07-31-OS 01001M THE LA QUt"TA ARTS ASSOCIATION aasox 4 LA QUINTA . CA 92223 OV ►K)7 A1T[R PN*OWIWLV NAAO 0 OLM 1 15 9LJWIK PLEASE WtR GO""AIL NAMC 1 00 401 vt1111r1 try 101g SrACI! THE CALWO MNA COIIPORAiiON MAWD OMMI , MAKES TM FMLOWWO STATEMf_NT a" ►f11ttT MMiM N ►wtNcr•Aa Or►•Ct IM IaOMt. C0/rlL6Tt A 70• w•Tt M AwOr 7A. !• AXA _ ... .!� Mq7 uat • O WON N0 • CC" ANO 11A99 stv CODt >! Mt•t•1vO ♦01p1TaSf rust as wow tA. N Cl7♦ AT•0 •TAT( tN GOOK TW wins of Tht FMLOMa CWFPMM AM. • C.rt► 1tatCLT.1.a Orr.cto aA aTRttT AOON994 11tt ltvCAlt S101t1 •• C"It AN,.D•r.• ^ ac r-n CO*4 l ltC 01TAM sA 111199T A000C11 .%aa wtvtwrt ..of, so C'T. ."a a*Ara -� - - 1C t1/ CODE t CN16I • -AIL o. rItrw .A %toot* 40a+Ot1a 110t vaA1T S•O[ rw c1tT Ar0 arA t at 11f► CODt - GA f� ��a A!-�/�I�•` Vt ■W FM Vf MoCgn •ON Yarr .T AtM+.A/r 0. G•v/0ft-4 1*w.urM• •w0••s•.fw P►twtfa p.y 1TIW ) vMb0 0. lKwImet •.OT wr •uu . 7 MAa1t , { .I Aa{MT toAN 11UNW4OYy�00MOT Y{t ►O {Ot. DO Neil 9"CavO1 A00M['1t aV A094.t •a A COwp011AT.OMaw, I�":% [CORMSM W T iFAW Yc w l opine ASl�O�CNTION sac • qw I faO. t 1 Te Co.., C ..m •' rM.! i0af/.OwATwa1 7 Art Al1pC1AT10" rpiNlaO TO rAa1A4• A COa114014 r4TLwt1T 061.1LOVROC161 or TMIa w0a I1 C••TCuKo �11a•CaAO TO •.V••wA .. . Iw. TMTa COa POOA*10Y 10 AM AC il OATgr► vDWOWD •O rANAo■ ^ C614"OM IMT[wtaT DtV•. O.rtMT VNt1Kw TNt DAMS 1—MI.,w6 COa111p. MttlwalT 94W9%0M•t MT &CT..W t1a11 •Oa 11 1:«tCKt13. COrraett W6A A.TO low 101a. WSu►KM 0/►1ti ltMRf • - - - _ _ powa{r � M/Tw/CAa LOCNtbN 01 ORYtIOwMRMr. 1NGLt10.1•C t1• COOL 100 a/AM; ANO RODOESS OI TTK wAMAQ1Na AOt MT .� 11 1 TTt[t AM TMAt t 1•AYt KtAa11MR0 TNt1 {TAIRMRMT AND t0 Twt •aN CW ... rwow't Owt .•+O rt�It".- Tw a. C wl[T ANO cbw► ♦t `S-/Bz'v. _- &&-d e'4 .._- Ta ♦1Tt is Tr1•R OII •AN1T NA1af N: N1+.6 oer•t.w ow w6aT.r `.4 6- RECEIVED FROM : 760 564 5957 Y - 07 Jul-13-99 03:05P REYNOL_DS 760 564 5957 Form 990 Rat ur r ni on Exempt From Income Tax Under eectlon SOl(c) of Via Internal Revenue Code (except black lung beneht trust or private foundetkwq or Section 4947(a)(1) nonettentpt charitable trust Uaparl/r"�rN pl r� TrNsvy rmarnn he+erwre Ser"ru NOW rho to use a copy o7 rha forum to sahsy stare 4Wre No +5aS-00A7 1998 ttas Pon" Is ppow to PuMIc A For the tesa ratensar Ott talc yow period . Iwsa and . to IF ctrar-I, d rise. C of or9anaaT W 11 D trrwfoYer Iwnracetten nura0er ❑� rCM^9. o+.ear+. ` .t": A SO T /tP OV aria r•Fa A/o sr1CW o• E .*w Tatum err^a ei and streel (or P 0 box 4 smart ,s not doWered to great addressil noorn WO* a Traphor" H ❑ F,nat ratan eaQ Amar"pad Tatm G o, town. stela ew ountry. and IIP.d lreWt" alto for w sate rapormw A A Z 0 Type of organtatlon—►❑ Exempt under suction 501(c►( Note: See bon Sit k4M emewW s>rtlimWUliow +rod 4190(a(f) nariew veal M o"I a group *e Win faap ffrr ahLbafas.) e.. S$ F Give, ► ❑ ri w ep vu aup4�atron 4 (inset number) OFi ► ❑ section 4947(a)(1) nw,exempl chwttable trust wt+pf charihitib bruit AWST attach a coneplebd SehodLoo A (Form 9(. ❑ Yas ffNo F If adher boa ar tt rs cneckOd 'vas " erns• few-a1gn 91dp e16mro-on'"um00 IGEhI ► nI If 'YN.' ertaar ,not number o< an,wtas wrath mt► return S filet! . 10 J Aceoununy method ❑ Cru" ❑ Actruet tot Is errs a "ObraTa retum ft" py an o sawn cowrad by a qro4p ' LJ Yea No Cl orw is ."y) ► K Chace here ► J Vie a ft:el.pn1 9ro:y rooeipts Me darnOty root more than S25,WU The orparrrs4on rWW net No a main wKh ttw Not. but 4 e hc~ a Fan" 9" Packeya ,n sir mad. a Should tots a Nurn wth0"A 1n0'syar data sertae sftfte TT" a cae"Msfa r"Lo". _ __-- Neb form 990-EZ mmy be Wed atoru with gross ►ecwp/s bss thw $700,000Ind toty risers less I/wA $250,000 of end or yaw UJWR91rMtM, "'dam"gym and_Chmps in Not Assatil or Fund 8M*ncts (See Specific Instructions on page13� 1 Contributions, gilts, grants, and slmitar amounts received. a Direct puW support . . . . . . . . . . . . . 1a b Indirect public support . . . . . . . . 14 c Government contributions {grants) le d Total (add lines 1a though 1c) (attach schedule of contributors) (cash S noncash S ) Id 2 Program service revenue including government lees and contracts (Isom Pan VI1, line 93) 2 3 Membership duffs and assessments . . . . . . . . . . . . . 3 4 lntemst on savings and temporary cash investments 4 S Dividends and interest from securities . . . . . 5 6a Gross rents \� b Less: rental expenses . . . . . . . --- c Net rental income or (loss) (sutAract Ww 6b from line 6a) 6C 7 Other investment Income (describe ► ) 7 Ba Gross wriount from safe of assats other W setur,,raa tee °*»r than inventory . . . b Less: cost or Or basis anti sales expenses. \ c Gain Dr (11»s) (Itt>ach schedule) . . . . sc d Net gain a (loss) (Corbin line 8c, co►emle (N and (e)) Old 9 Special events and activities (attach schedule) a Bross revenue (not including S of comhbulicim reported on bns 1 a) . . . . . . . . . b Less: direct expenses other than fundratsinp expenses tip e Net incorne or (loss) from special events (subtract line 9b from ►Ire 9a) 10a Gross bales of Inventory, less returns and anovrances - boa b Less: cost of goods sold . . . . . . . . . t04 10c e Grass proM or (1m) from sales of inventory (attach schedute) (subtract line 100 from line 10a) . 1 t Other revenue (from Pan VII. line 103) . . . . . . . . . . . . . 1 12 Total revenue (add lines 1d, 2, 3, 4, 5, 6c, 7, Od, 9c, loci and t 1) . t2 13 Program services (from tints► 44. Column (8)) . . . . . . . . . . . 1a 14 Management and gere►el (from line 44, column (C)) . . . . . . . , . . 14 13 15 Fundraising (from We 44. coV n (D)) . . . . . . . . . . . . . . 16 w 16 payments to affiliats,s (attach schoduls) . . . . . • • • • • . 17 17 ToW eXperoes (add lines 16 and 44. Wumn t8 19 Excess or (deficit) for the year (subtract Mite 17 from line 12) . (i47 07-13-99 15:34 RECEIVED FROM:760 564 5957 Jul-13-99 03:06P REYNOLDS 760 564 5957 P.09 Farm 990 (low Page 2 Statefllent of Ali organizations must complete column (N Columns (81, (CI, and (D) are regtrred for sechor 5060) ara il) nrgantrat.xx Functional Exneftses and section 4947101) nonexempt chartiable mute NA Optional for others (See Snealtc Ir,sl%zt+on!, or Gage 17 } Do not include amounts reported on fine 6b, 8b, 9b, I0b, or 76 of Part 1. (A) row (a) ;.,.gram �� (c) Management and 9r»ra (C) r inure s nq 22 Grants and allocations (attach schedule) (cash S noncash S ) 23 Specific assistance to individuals (attach st:Aedule) 24 Benefits paid to or for members (attach schedule). 25 Compensation of officers. directors, etc 26 Other salaries and wages . . . 27 Pension plan contributions . . . 28 Other employee benefits . . . . . 29 Payroll taxes . . . . . . . . . . . 30 Professional fundraising fees . . . . . 31 Accounting fees 32 Legal fees . . . . . . 33 Supplies . . . 34 Telephone . • . . . . . . . . 35 Postage and shipping . . . . , 36 Occupancy . . . . 37 Equipment rental and maintenance . 36 Pnnting and publications 39 Travel 40 Conferences, conventions, and meetings . 41 interest . . . . . . _ . . 42 Depreciation, depletion, etc. (attach schedule) 43 Other expenses (itemtze) a . _ .. _ ...... b ... _ ....... - c..................... ...... .-.-................. d.............. _..._.. 44 TOMS futictioeaf "— - (add ines 22 tlxougrt 43) Orp+r�idana ooh^" (OHR an *a" bdak to in" t3.15 144 22 23 24 25 26 27 28 T9 30 31 _ 32 ` 33 _ J _ 34 35 36 31 w 38 _ 39 40 _ 41 42 438 43b 43c _ 43d — 43e Reporting of Joint Costs. --Did you report in column (13) (Program services) any joint costs from a combined educational campaign and fundraising sollcrtation? . ► U Yes ❑ No It `Yes;' enter 0) the aggregate amount of these pint costs b ; (li) the amount allocated to Program services S_ _ iii the amounl allocated to Mana2ement and gerwal S and (iv the amount allocated to rundrais,n 5 Statement of am Service AcCRTpHshrneinrls Specific Instructions on age 20. _ What is the orgarutation's primary exempt purpose? 'O.►k'fkWX1, (W Gen #t fiy'� Program Se+vlca ,��fl.tjEapen" AN organizations must describe their exempt purpose achieve i tdeoricise manner s 'tffe �1t (q,q�M i,u sai;,uo; ant; of clients served, pubications issued, etc. Discuss achievements that are not measurable (Section 501(c)(3) ancf (4) 1" O!V ale 4904d1; sets as o01100a+ is organizations avid 4947(aXI) nonexempt charitable trusts must also enter the amount of grants and allocations to others) a.. ............................. .... .............. .N (Grants and allocations S ) b.........._...-- ............................. ............................... ....... ....... ...... ......... ........ (Grants and allocations S ) c.................................. ............ .-------- --- -----........... ..... .... ... ..... .. �..-..... ............................------------- ............ _....... ........ ........ (Grants and allocations S 1 _ d_ ...................... - ...... ...................... ................. . ._ (Grants and allocations S } e Other Program services {attach schedule) (Grants and allocations r T^•.r M Pmewsrn SMwice Expel►ses (should equal line 44 column (13), Program services) . ► 1J� �'t 07-13-99 15:35 RECEIVED FROM:7bu 5b4 5957 Y . 09 Jul-13-99 03:07P REYNOLDS 760 564 5957 P.10 Form 9W (19") Page 3 Balance Sheets (See Specific Instructions on page 20.) Notes. Where reWred, attached schedules and amounts within the desenphon caiun'mn should be /or end -of -year amounts only Beginning of year End of year 45 Cash--non-interest-tearing . . . . . . . . . . . . . . 45 46 46 Savings and temporary cash investments . . . . 47a Accounts receivable 476 b Less: allowance tar doubtful accounts . 47b 147C I `\\ \ \ 484 Pledges receivable . . . . . 488 b Less: allowance for doubtful accounts 48b 48C _ 49 49 Grants receivable . . . . . . . . . . . . . . . . . . 50 Receivables from officers, directors, trustees, ana key employees (attach Schedule) . . . . . . . . . . . . . . . . . so 51a Other notes and loans receivable (attach schedule). . . . . . . . . b Less: allowance for doubtful accounts . 51b 51c 62 Inventories for sale or use . . _ — 52 _ 53 53 Prepaid expenses and deterred charges . . . . . . . . . . 54 84 Investments --securities (attach schedule) , . . . . . . . . 55a Investments —land, buildings, and equipment: basis . . . . . . . . b Less: accumulated depreciation (attach schedule). . . . . . . . . . 55b 55c 56 56 Investments —other (attach schedule) . . . . _ \\� 57a Lend, buildings, and equipment: basis . 57a b Less accumulated depreciation (attach schedule). . . . . . . . . 57b 57c _ 58 Other assets (describe ► ) 58 59 Total assets add lines 45 through 58 must equal line 74 59 60 Accounts payable and accrued expenses . . , . . . . , . 60 61 61 Grants payable . . . . . . . . . . . . . . . . . 82 _ 62 Deferred revenue . . . . . . . . . . . . . . 63 Loans from officers, directors, trustees. and key employees (attach schedule) . . . . . . . . . . . . . 63 6�a 644 Tax-exempt bond liabilities (attach schedule) 54b - b Mortgages and other notes payable (attach schedule) 65 _. 55 Other liabilities (describe ► ) 66 Total NoWN"s add lines 60 through 65) 68 ,. Organisations that follow SFAS 117, check tiers ► ❑and complete lines 67 through 69 and lines 73 and 74. 57 Unrestricted . . . . . . . . . . . . . 67 _ 68 68 Temporarily restricted . . . . . . . . . . . . . . 69 Permanently restricted . . . . . . . . . . . . . . 69 _ u OrgarllzsUorts that do not follow SFAS 117, check here ► ❑ and complete lines 70 through 74, if 70 Capital stock, trust principal, or current funds . . . . . . . . 70 _ __ 71 __._ 71 Paid -in or capital surplus, p rpius, or land, budding, and equipment land ,_� 72 Retained samings, endowment, accumulated income, or other funds 72 -� \ , \� - T3 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72: column (A) must equal line 19 and column (8) must equal lime 21) . . . . . . . . . . . . . . . . . . 7:) 74 74 Total 1kMdIWs and net assets / fund balances add lines 66 and 73 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented an its return. TAeniilbfe, pl89s13 make sure The return is complete and accurate and tuily describes. in Part Ili, tha nrr?anhahnn'c pfograms and accomplishments. 49 07-13-99 15:36 RECEIVED FROM:76U 564 5957 Y.L0 Jul-13-99 O3:O8P REYNOLDS 760 564 5957 P.11 G Form 990 0998) r,aue 4 Reconciliation of Revenue per Audited Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specific Instructions, page 22.) Retum a Total revenue, gams, and other support a Total expenses and tosses per per audited financial statements. . ► a audited financial statements ► a � \ b Amounts included on line a but not on line 12, Form 990: b Amounts included on line a but not on line 17, Form 990. \� � (1) Net unrealized gains 1 Donated services I) " on investments. $�A � �� and use of facilities $ (2) Donated services (2) Prior yeas adjustments \ \. and use of facilities (3) Recoveries of prior \ reported on line 20, Form 990 year grants . . (3) Losses reported on (4) Other (specify) ����\�� line 20, Form 990 - �� �.� ��\��ti (4) Other (specify) Add amounts on lines (1) through (4)► b __ - ,_ --_-_ Add amounts on lires (1) through (4)00 b _.__ -__. _ c Line a minus line b. . ► c c Line a minus line b ► A ` N`�A �\� \�\ C \ d Amounts included on line 12, Form 990 but not on line a: d Amounts included on line 17, Form 990 but not on line a: (1) Investment expenses (1) Investment expenses not included on line not included on Tine , 6b. Form 990 (2) Other (specify) \ ���A ��M 6b, Form 990. . . $ (2) Other (specify): - $ A �A� ---------------------- $ Add amounts on lines (1) and (2) ► d Add amounts on lines (1) and (2) ► 1.d e Total revenue per line 12, Form 990 e Total expenses per line 17, Form 990 line c plus lined . ► e line c plus line d ► ! e Lam/ List of Officers, Directors, Trustees, and Key Employees (List each one even it not compensated, see Specific Instructions on page 22.) (A) fJarne and address 19) Title and average hours per week devoted to posrron ICI C;orrpenwirnn (If not paid, enter 0-. DI'-ontnbute,ns ro� emp ny ee benela r,l ns d dM, Ym!d amp(, (E) Ezpenst, tICCVUI't and utt W al ow.mces. ------ - - - -- --- - -------- ------ --- e a z�av ---- ------ ---- a_ ' L.0U I IS 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $tUU,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organlzutons? ► [] Yes X No If "Yes," attach schedule —see Specific Instructions on page 22. g):) U 07-13-99 15:37 RECEIVED FROM:7b0 5b4 5957 ;i�lrP-11 Jul-13-99 03:09P REYNOLDS 760 564 5957 P.12 Form 990 (1998) Page S Other Information See Specific Instructions on page 23.) Yea No 76 Did the organization engage in any activity not previously reported to the IRS? If 'Yes,' attach a detailed desorption of each activity 76 77 Were any changes made in the organizing or governing documents but not reported to the IRS? 77 If "Yes," attach a conformed copy of the changes. `_\ 78a Did the organization have unrelated business gross income of $1,000 or more dunng the year covered by this return'. 76a _ b If "Yes." has it tiled a tax return on fwm 99t)-T for this year? . . . . . . . . . . 78b 79 Was owe a liquidation, dissolution, termination, or substantial contraction during the year? It `Yes,' attach a statement 79 80a Is the organization related (other than by association with a statewide or nationwide organization) through common membersNp, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? . Boa b If "Yes," enter the name of the organization ► - _ . - _ . _ ... _ . . ..... . . . . . . NK" .... and check whether it is ❑ exempt OR ❑ nonexempt. 819 Enter the amount of poktical expenditures, direct or indirect, as described in the instructions for line 81 . . . . . . . . . . . . . . . . t81 a b Did the organization fits Form 1120-POL for this year?, . . . . . . . . 81b _ 82a Did the organization receive donated services or the use of materials. equipment, or facilities at no charge or at substantially iess than fair rental value? . . . . . . . . . . . . . . . . 82& b if "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part 1 or as an expense in Part II (See instructions for reporting in Pan III_) . . . . . . . . . . . . . . . . . . . . . . . 1124L 88a Did the organization comply with the public inspection requirements for returns and exemption applications? b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? 83b "a Did the organization solicit any contributions or gifts that were not tax deductible) . . . . . . $48 b It ''Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? . . . . . . . . . . . . . . . . . . . . 84b - - 85 501(c)f4), (5), or (6) organizations. —a Were substantially all dues nondeductible by members? 854 b Did the organization make only In-house lobbying expenditures of $2,000 or less? 85b If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization Z received a waiver for proxy tax owed for the prior year. X \ X c Dues, assessments, and similar amounts from members . . . d Section 162(e) lobbying and political expenditures s Aggregate nondeductible amount of section 6033 a (1)(A dues notices f Taxable amount of lobbying and political expenditures (line 85d less 85e) 9 Does the organization elect to pay the section 6033(e) tax on the amount in 85f? , h It section 6033(ej(1XA) dues notices were sent, does the organization agree to add the amount In 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year?. 8bh 64 501 c \ \ ( )(I) organizations. —Enter a Initiation tees and capital contributions included on line 12 868 -- b Gross receipts, included on line 12, for public use of club facilities, Sob. 87 501(cX12) organizations. —Enter a Gross income from members or shareholders 878 \\ . b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) 87b ... . 86 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership? If "Yes," complete Part IX . . . . . . . . . . . . . . . . . . . . . . 89a 501(c)(3) organizations. —Enter: Amount of tax imposed on the organization during the year under section 4911 ► — ;section 4912 ► section 4955 ► b 501(c)(3) and 501(cX4) organizations. —Did the organization engage in any section 4958 excess benefit transaction during the year? It "Yes." attech a statement explaining each transaction . 89b c Enter. Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958. . . . . . . . . . . . . . . . . . . . . . . . ► d Enter: Amount of tax on line 89c, above, reimbursed by the organization. . . . . . . . w 90a List the states with which a copy of this return is filed ►----.._- b Number of employees employed in the pay period that includes March 12. 1998 (See instructions.) 91 The books are in care of ► ... - ............... ............ Telephone no. ►1 ). . Located at ► ............. ...................... ZIV + 4 M 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in fieu of Forst 1041---Check here ► ❑ and enter, the amount of tax-exempt interest received or accrued during the tax year ► 1 92 07-13-99 15:38 RECEIVED FROM:760 5154 5957 P.12 Jul-13-99 03:11P REYNOLDS 760 564 5957 P•13 Form 990 (1998) 6 Analysis of Income -Producing Activities (See Specific Instructions on page 27.) Ent indi G 93 a b c d e f 9 94 95 96 97 a b 98 99 100 101 102 103 b c d e 104 S er gross amounts unless otherwise unrelated business income bcirord ov secou,l 512, 5,3 w 51.1 (E) ated. A -- Rclated or 1 ) (B) (C) -- (�) exempt fiuncbon Program service revenue: Pusme`ss ccxle Amount r_xclusion coda Amount income Medicare/Medicaid payments . . . . . Fees and contracts from government agencies Membership dues and assessments Interest on savings and temporary cash Investments Dividends and interest from securities c ,7- Net rental income or (loss) from real estate: ` c .: debt -financed property . . . , , . _ not debt -financed property . . . - . . Net rental income or (loss) from personal property Other investment income . . . Gain or (loss) from sales of assets other than inventory Net income or (loss) from special events _ Gross profit or (loss) from sales of inventory _ - - Other revenue: a ubtotal (add columns (B), (D), and (E)) 105 Total (add line 104, columns (B), (D), and (E)) , . . . , . . , Note: (Line 105 plus line 1d, Part 1, should equal the amount on Itne 12, Part 1.) Relationship of Activities to the Accomplishment of Exempt Purposes (See Specific Instructions on page 28.) Line No. Explain how each activity for which income is reported in column tE) of Part VIl contributed impoftantly to the arcomplistlment ♦ of the organization's exempt purposes (other than by providing funds for such purpose,). Information Regarding Taxable Subsidiaries (Complete this Part if the "Yes" box on line 88 is checked.) Name, address, and employer identificahon Percentage of Nature of Total End -of -year number of corporation or partnership ownership interest busrness activilies inconle assets 11/0 Under penalties of perfury, I declare that I have examined thin return, including accompany inq ;chedu�es and statements. a�,d to u,e best of nw kno ,I, ye: Please and belief, it is t e, correct, and complete. Declaration of preparer (other than officer) is based on fonnaliori of whicn prep lrer has any knowledge. (See Ge i,� st ucoon U, o a Sign l.J Here 949 mine of rd Ir (fah a 1--i rta�1,1 Paid Preparer's Dale _-heck d Preptrrer'S SSN signature' oif- Preparer's -- - I employed ► ❑1 -- — — — _ Firm's Warne for �FIN ► Use Only yours if sell -employed)' - -. and addfess ZIP , G ► © Pml fed on recycled paper r1) 5 2 07-13-99 1b:39 RECEIVED FROM:766 Sf)4 `.;S357 I: 105 Total (add line 104, columns (B), (D), and (E)) , . . . , . . , Note: (Line 105 plus line 1d, Part 1, should equal the amount on Itne 12, Part 1.) Relationship of Activities to the Accomplishment of Exempt Purposes (See Specific Instructions on page 28.) Line No. Explain how each activity for which income is reported in column tE) of Part VIl contributed impoftantly to the arcomplistlment ♦ of the organization's exempt purposes (other than by providing funds for such purpose,). Information Regarding Taxable Subsidiaries (Complete this Part if the "Yes" box on line 88 is checked.) Name, address, and employer identificahon Percentage of Nature of Total End -of -year number of corporation or partnership ownership interest busrness activilies inconle assets 11/0 Under penalties of perfury, I declare that I have examined thin return, including accompany inq ;chedu�es and statements. a�,d to u,e best of nw kno ,I, ye: Please and belief, it is t e, correct, and complete. Declaration of preparer (other than officer) is based on fonnaliori of whicn prep lrer has any knowledge. (See Ge i,� st ucoon U, o a Sign l.J Here 949 mine of rd Ir (fah a 1--i rta�1,1 Paid Preparer's Dale _-heck d Preptrrer'S SSN signature' oif- Preparer's -- - I employed ► ❑1 -- — — — _ Firm's Warne for �FIN ► Use Only yours if sell -employed)' - -. and addfess ZIP , G ► © Pml fed on recycled paper r1) 5 2 07-13-99 1b:39 RECEIVED FROM:766 Sf)4 `.;S357 I: AGENDA CATEGORY: BUSINESS SESSION: 7 COUNCIL/RDA MEETING DATE: July 20,1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Request From the Student Creative PUBLIC HEARING: Recycle Art Program (SCRAP) Gallery Requesting Financial Assistance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The 1 999-2000 Budget contains a "Community Promotion" line item under Account #101-403-605-542, Recycling Programs in the amount of $10,000. BACKGROUND AND OVERVIEW: On December 3, 1996, Student Creative Recycle Art Program (SCRAP) requested $10,000 from the City to support their programs. On January 21, 1997, the City Council approved the allocation of $2,500 from the Special Projects Contingency Fund as a one time contribution and further directed staff to consider utilizing AB939 funds during budget discussions for Fiscal Year 1 997/98 (Attachment 1 ). In Fiscal Years 1997/98 and 1998/99, the City Council allocated $2,500 for SCRAP in the AB939 Community Promotions Fund, based upon their completion of the Community Services Grant. Reconciliation Report. After they completed and submitted the report, they received the funds. During the 1999/2000 budget discussions, reference to Community Promotions - SCRAP within the AB939 budget was eliminated and not specifically identified in the budget. The AB939 Community Promotions budget does identify a $10,000 line item. On Council's agenda tonight is consideration of the Kiner/Goodsell Advertising contract for Fiscal Year 1999/2000, of which $6,500 of the $10,000 is being requested for recycling promotions. If this allocation is approved it would leave a balance of $3,500 in the AB939 Community Promotions budget. On June 21, 1999, staff received a request from SCRAP for $10,000 (Attachment 2) for Fiscal Year 1999/2000. C011.006 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . As deemed appropriate by the City Council; or 2. Provide staff with alternative direction. Respectfully subm ted, �.t er Hermah, Community Development Director Approved for Submission by. - Thomas P. Genovese, City Manager Attachments: 1 . January 21, 1997 City Council minutes 2. Letter from SCRAP dated June 21, 1999 cclx.006 0 ATTACHMENT #1 City Council Minutes irk 4 January 21, 1997 requirements and staff anticipates no problem with proceeding with the application. Mayor Holt felt that Option No. 1 should be supported at a very least and wished to have Option No. 2 brought back during a stu session to discuss how the City can support small businesses through economic assistance program as opposed to revising the fee schedule. MOTION - It was moved by Council Members S f/Adolph to instruct the City Attorney to prepare a Participation Agreeme with the owner (Fred and Kay Wolff) that would allow assistance for th bed and breakfast facility; direct staff to look into the possibility of a all Business Economic Assistance account for businesses that would gen ate income for the City and establish an amount that could be made av able to any small businesses needing assistance to pay processing fees. Council Member Perkins advis d that, although, the applicant has been very critical of him personally, he I support the motion because his responsibility is to support things that a in the best interest of the City. Motion carried unanimoZsly. MINUTE ORDER NO. 97-04. CONSIDERATION OF A REQUEST FROM THE STUDENT CREATIVE RECYCLE ART PROGRAM (SCRAP) GALLERY REQUESTING FINANCIAL ASSISTANCE. Mr. Herman, Community Development Director, advised that on December 3, 1996, Council received a letter from Ms. Doris Mechanick on behalf of the Student Creative Recycle Art Program (SCRAP) asking the City to allocate $10,000 for this program from its AB939 fund. He advised that SCRAP is an environmental and arts education program for children in grades K-8 in Riverside, San Bernardino, and Imperial Counties with emphasis on students in the Coachella Valley. There are no funds available in the AB939 Fund at this time as they have all been committed to other projects. Should the Council wish to support this program, funds would have to be allocated from the Special Projects Contingency Fund that has a current balance of $22,980 or from the General Fund Reserve Account. Doris Mechanick, 45-835 Pawnee Road, Indian Wells, Board Member of SCRAP, advised that 2,300 children, including students from La Quinta, have signed up for the program. She further advised that the Gallery is located at the Indio Fairgrounds and will be open during the Date Festival. She hoped Cfv`� • n City Council Minutes 5 January 21, 1997 that Council would consider using the General Fund to support this program since the AB939 funds have all been committed to other projects. In response to Council Member Adolph, Ms. Mechanick advised that Desert Sands Unified School District has approved the program. Indio, Indian Wells, and Rancho Mirage have each approved contributions to the program and they expect a contribution from Cathedral City as well. In response to Council Member Adolph, Karen Riley, Executive Director of SCRAP, advised that the materials used would otherwise go to the landfill and the art that is displayed in the Gallery is changed on a continual basis. In response to Council Member Sniff, Ms. Riley advised that selected manufacturers' scrap parts from skateboards, surf boards, clothing, etc. are used for the art and they work with local businesses to salvage trash for the program that would otherwise go to the landfill. Council Member Sniff asked if they were looking for some type of contractual relationship on an annual basis to which Ms. Mechanick responded yes. In response to Mayor Holt, Mr. Herman advised that he didn't know if there would be any AB939 funds available for the program next year. In response to Council Member Sniff, Ms. Mechanick advised that they are expanding their Board of Directors and will be looking for all participating cities to appoint a representative to their advisory council, noting that they wish to provide the educational component of the City's AB939 program. Council Member Sniff felt that it's important for the cities who provide financial support for this program, to have some meaningful role and business connection to the organization, pointing out that the program will need some type of continual financing. He felt that a program outline should be provided with some type of well-defined, written agreement so that the City knows what to expect and could deal with it as a potential budget item. Ms. Mechanick advised that they have an annual contract with Rancho Mirage and are willing to provide one for La Quinta. Council Member Henderson advised that she wholeheartedly supports the program and would support the City contributing materials for it. She asked if there were any plans to sell some of the art pieces to generate revenue. ncJ Gv i C City Council Minutes 6 January 21, 1997 Ms. Mechanick advised that the children take their art pieces home in hopes of educating their families about recycling, but the organization intends to be as self-sufficient as possible by having fundraisers. Council Member Henderson advised that she has spent the last year trying to get a policy in place for such requests, but didn't feel that City funds should be used for this type of educational program. She couldn't support a contribution other than materials because she felt that that's the only way the program can help the City meet its AB939 goals. Council Member Perkins advised that he couldn't support using the Special Projects Contingency Fund or General Fund for this program and felt that it should be dealt with during the budget process. In response to Council Member Adolph, Mr. Herman advised that a contribution to this program could be budgeted next year from AB939 funds by reducing another AB939 program. Ms. Mechanick advised that they are looking for start-up funds at this time and will be seeking AB939 funds in the future. Council Member Sniff felt that it's a worthwhile program and supported using the Emergency Reserve Fund for a contribution now and possibly AB939 funds next year. He wished to see a contractual arrangement developed on an annual basis so Council can determine annually if the program is functional and beneficial to the City. Mayor Holt supported the program and wished to see it discussed during the budget process for the purpose of including it in the AB939 funding. She was hesitant to use the Emergency Reserve Fund and suggested that $5,000 be allocated from the Special Projects Contingency Fund. In response to Council Member Adolph, Ms. Mechanick advised that they plan to hold fundraisers and apply for grants to provide funding. Council Member Adolph advised that the City has its own financial obligations, but he would support some type of contribution. Council Member Henderson advised that she would support using any excess AB939 funds in the future for this program as long as it's part of the budget process. • C_� City Council Minutes 7 January 21, 1997 MOTION - It was moved by Council Members Sniff/Adolph to direct staff to research this item (Students Creative Recycle Art Program funding request) and consider it during the budget process utilizing AB939 funds for FY 97/98 and, further, at this time that the City make a one-time contribution from the Special Projects Contingency Fund of $2,500. Council Member Henderson wished the motion had been split, but advised that she would support it. Motion carried unanimously. MINUTE ORDER NO. 97-05. Council concurred on taking up Business Session Item No. 7 at this time. 7. CONSIDERATION QF REQUEST FROM LA QUINTA HIGH SCHOOL STUDENTS FOR FINANCIAL C&NTRIBUTION FOR EUROPEAN TRIP. Mr. Weiss, Assistan City Manager, advised that on December 17, 1996, Council received a re est for financial assistance from three La Quinta High School students who ish to participate in an educational tour of Europe, noting that one student s withdrawn her request. The students are seeking reimbursement for their servations through a contribution by the City and their own fundraising eff ts. Erica Abarca, 50-735 Calle Q ito, and Stephanie Webster, 51-295 Eisenhower Drive, felt that this would be non-stop educational experience of a lifetime and advised that they've collec d a total of $474 through various fundraising efforts and $675 through wor ' g and from their parents, making a total of $1 ,109. The total cost of the rip for both students is $2,872, leaving a balance to pay of $1,763. In response to Mayor Holt, Miss. A rca advised that a total of 12 La Quinta High School students are going on he trip. She stated that she and Miss Webster are willing to do communi service work in appreciation of any donation from the City. In response to Council Member Sniff, Mis Abarca advised that the program is sponsored by the Social Studies Departme t and that the trip begins on March 27th. Council Member Adolph felt that the City set precedent by not supporting a similar request in the past from a student g 'ng to Washington D.C. He advised, however, that he would make a personal contribution as he did for the ATTACHMENT #2 A June 21, 1999 +...� M s Mr. Jerry Herman Community Development Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Jerry: Honorary Chairman Supervisor Roy Wilson Board of Directors Marilyn Glassman President Doris Mediank k vlce-Presldent Adele Ruxton Secretary Donna Pease Treasurer William O'Toole Member -at -Large Karen Riley Executive Director The S.C.R.A.P. Gallery (Student Creative Recycle Art Program) respectfully requests inclusion in the FY 1999-2000 budget. As part of the Integrated Waste Management Act of 1989, your city is required to prepare and implement, as part of the State -approved "Source Reduction and Recycling Element' (SRRE), a comprehensive, proactive, educational effort targeting school -age children in particular. Cities are also required to divert 50% of all solid waste away from the landfill by the year 2000. The penalty for failure to meet this mandate is a $10,000 per day fine. The S.C.R.A.P. Gallery program targets school -age children in the Coachella Valley, from preschool through 12th grade. Our mission is to develop and implement art experiences from recycled materials that actively engage all youth as stewards of their environment. S.C.R.A.P. serves and works with all valley schools, both public and private, and businesses and individuals to divert materials that would ultimately end up in the landfill. S.C.R.A.P. services provided include: * Field trips to the S.C.R.A.P. Gallery for all La Quinta children* * Curriculum and material reuse consultation and support to teachers * Environmental education presentations * Materials exchange coordination for local businesses and local residential pick-ups * Special days at the Gallery for city residents * Children's activities/programs to be scheduled on a periodic basis in your city including participation in the Riverside County Fair 8r National Date Festival (1999 attendance 273,244) * Earth Day Events and Student Poster Contest S.C.R.A.P. has been extremely successful in its programming due to the commitment and support of valley cities including Indio, Palm Desert, Cathedral City, La Quinta, Rancho Mirage, Indian Wells, Coachella and the County of Riverside. The Gallery has expanded its facility to meet the needs of our student population and in 1999 added a new educational and interactive exhibit called "Our Urban Environment" donated by a major cultural/scientific institution. The S.C.R.A.P. Gallery has received the following recognition for its program: S.C.R.A.P. Gallery 82204 Highway 111, Ste. C117 Indio, CA 92201 760/863 7777 fax 7601863-8973 e-mail scrapgallery@earthlink.rret The S.C.R.A.P. Gallery is a 501(c) (3) nonprofit organization, federal tax identification number 33-0717794 1998 Clean Cities Award, Best Grassroots Organization California Integrated Waste Management Board, 1998 & 1997 Waste Reduction Award Winner (WRAP) City of Indio Cultural Arts Commission Organizational Award In addition to our current program acheivements, we have developed a recycled clay and decorative tiles called EnviroCotta. The S.C.R.A.P. Gallery is underway on a mural at our facility. At this time, we are asking for funding in the amount of $10,000. However, we can tailor our program to meet your requirements. To date, we have processed more than 65,000 children through our program, exclusive of the Date Festial where 273,244 saw your city's name and participation as a S.C.R.A.P. Sponsor. We have also diverted more than 75,000 pounds of trash. I have attached additional information for your review and I believe that you will find that the S.C.R. A.P. Gallery through its activities and programs, provides extensive awareness and opportunities for students to participate in the Four R's — Reduce, Reuse, Recycle, Responsibility. I look forward to the S.C.R.A.P. Gallery's continued relationship with City of La Quinta. Thank you for your attention and cooperation. Sincerely, Marilyn Glassman President Hey, don't throw that away! Mission Statement The mission of the S.C.R.A.P. Gallery is to develop and implement art experiences from recycled and reused materials that actively engage all youth as stewards of their environment. S C R A P Gallery is made possible through the cooperation and sup- port of the following. City of Indian Wells City of Indio City of Palm Desert City of Rancho Mirage City of Cathedral City City of Coachella City of La Quinta Economic Development Agency, County of Riverside Riverside County Fair 8 National Date Festival Waste Management of the Desert Rancho Mirage Woman's Club RAP Foundation Coachella Valley Unified School District Desert Sands Unified School District Palm Springs Unified School District Winner of the 1998 Best Grassroots Organization PROGRAM REGISTRATION Class field trips, for grades K-12, are offered during the school year, Monday through Friday, excluding holidays. Special group trips can be scheduled during after -school and weekend hour. -cording to schedule availability, The S.C.R.A.P. Gallery can accommo- date multiple classes. All field trips must be scheduled and L: ifirmed by the Gallery. Admission is 50 cents per student. GRADE CLASS CHAPERONES SPECIAL CONSIDERATIONS Select quarter, in order of preference, that best fits your schedule We will do our best to accommodate your request, but we are unable to guarantee a requested date. (Year round teachers, please indicate off track dates.) O FALL WINTER SPRING Your will receive a confirmation 8 pre -visit packet for your class Please do not arrange your visit unless you receive a contract Preference is given on 0 a first come, first serve basis. Please mail or fax to: Karen Riley, Executive Director S C R A . Gallery, 82204 Highway 111, Ste C117 Indio, CA 92201 TELE 7601863-7Tn FAX 7601863-8973 The Art Museum for the Environment 1998-99 environmental arts education & enrichment menu Student Creative Recycle Art Program Jr. Exhibits Building, Riverside County Fairgrounds Indio, CA If %0 printed on recycled paper, of course The S.C.R,A,P. Gallery is an innovative program that addresses two of today's most urgent issues — the en- vironment and the education of our youth. Conserva- tion and reuse through hands-on exploration with dis- carded materials is promoted at the S.C.R.A.P. Gallery. Arts and science workshops help students understand complex environmental issues. Materials donated by local businesses and manufacturers are available for reuse by teachers, artists, and community programs. Recycle Interactive Exhibits OUR URBAN ENVIRONMENT The S.C.R.A.P. Gallery provides a link between industry, education, the arts and the environment in the Coachella Valley and in the greater Inland Empire through its exhibits featuring hands-on exploration and communicative interpretations, Artist -in Residence & Guest Artists S.C.R.A.P. creates opportunities for local and renown artists to provide hands-on workshops and programs for children. Special dates and times may be scheduled for large-scale projects. Artists working during the 1998-99 S.C.R.A.P. schedule include Xavier Cortez, Jennifer Johnson, Michael Kleinschmidt, and Jim Preston. Field Trips to the reu-'cycle - to use again; S.C.R.A.P. Gallery to adapt to a new use or function The K-12 waste preven- tion education field trips are held at the Gallery lo- cated on the Riverside County Fairgrounds. Each field trip includes a15-40 minute environ- mental presentation and a 45-minute self -directed art workshop using recycled and reused materials from the S.C.R.A.P, Gallery Warehouse. The time and con- tent of scheduled presentations vary according to age and grade. A hands-on setfing is an important compo- nent of education presentations as it provides concrete visual and tactile examples of central lesson concepts. F-+ F.a This year, the Gallery received a permanent exhibition from a major educational institution. Our Urban Environment examines a wide -range of environmental issues relating to land, air and water. Interactive displays, a green marketplace, recycling, video and computer modules are just a part of this thought provoking exhibit. Trash Can Curriculum/S.C.R.A.P. To Nature How does the S.C.R.A.P. Gallery program and philosophy fit into the classroom experience? Check out one of our Trash Can Curriculum (grades 4-8) or S.C.R.A.P. To Nature (grades K-3) Units with topics and projects that work within the California Department of Education Framework plans for science and art. Supplies for projects are included. Earthworks Recycle Arts Competition As part of the Riverside County Fair & National Date Festival, February 12-21, 1999, the Gallery sponsors the Recycle Arts Competition for students in Riverside County. Rules and eligibility forms are available through the S.C.R.A.P. Gallery. Earth Day Projects and Special Events Environmental Playhouse The S.C.R.A.P. Gallery is host to a month -long series of events during the month of April in celebration of Earth Day, April 22. Our Environmental Playhouse Theater program features a professional children's theater company from the greater Los Angeles area. The theater production highlights environmental concerns and awareness. Art and conservation projects are also held throughout the Coachella Valley. A special Earth Day Curriculum Guide is also available to teachers. Please call the S.C.R.A.P. Gallery for more details at 760/863-7777 or reach us at our e-mail address: scrapgallery@earthlln k.net �I`� .a The S.C.R.A..P. Gallery is an innovative pro- gram that addresses two of today's most urgent issues — the environment and the education of our youth. Located in Indio, California at the Riverside County Fairgrounds, conservation and reuse through hands-on exploration with discarded materials is promoted at the S.C.R.A.P. Gallery. Arts and science workshops help students un- derstand complex environmental issues. Mate- rials donated by local manufactureres and busi- nesses are available for reuse at S.C.R.A.P. As part of S.C.R.A.P.'s ongoing environmental efforts, students in the Coachella Valley share their design for a better world by participating in the annual Earth Day Poster Contest. Students from Kindergarten through high school submit their entries that relate to Earth Day, the envi- ronment and the practice of the Four R's - Re- duce, Reuse, Recycle, Responsibility. A panel of judges selects entries from four grade cate- gories for inclusion in the S.C.R.A..P. Commem- orative Calendar. S.C.R.A.P. Gallery 46-350 Arabia Street Indio, CA 92201 Tele. 760/863-7777 •. =Cunurnic ► .• �. Cathedral City, Indian Wells, Indio, La Quinta and Rancho Mirage. S.C_.R- -P Codlerj Ea.rti', Dal Pvstev- C_vp.test 1777 Students in the Coachella Valley can share their design for a better world starting this Earth Day, April 22, 1999. �1 �\J s� We all have a stake in cleaning up and taking care of the world we live in. You can play an important role everyday by practicing the Four R's - Reduce, Reuse, Recycle, Responsibility for your environment and expressing your thoughts and creativity with the S.C.R.A.P. Gallery's Earth Day Poster Contest. All entries received will be on display in a special exhibit at the S.C.R.A.P. Gallery located at the Riverside County Fairgrounds in Indio during April in honor of Earth Day and Keep California Beautiful Month. Posters will also become part of a local traveling exhibition. Three posters in four grade/age categories will be selected by a distinguished panel of judges for inclusion in an official Commemorative Earth Day Calendar for the Year 2000. To enter, complete the form below, include your parent's or guardian's signature and attach to your original poster entry. Send to •. 1 Arabia• • CA 92201•.; April 30,1999. For more information, call 863-7777. UM ADDRESS PHONE Rules & Eligibility 1. Student must live in the Coachella Valley. 4. All entries must be received by 5 p.m. at the S.C.R.A.P. Gallery on April 19, 1999. 2. Posters should be no larger than 9" x 24". 5. Form must be signed by parent or guardian. 3. Poster must relate to the theme of Earth Day and/or the environment. 6. One entry per student. Permission for student participation and/or use of poster for publicity and publication purposes. Entries become the property of the S.C. R.A.P. Gallery. Signature of Parent or Guardian Date rth Day Paster co te,5t sppo� 5�reA t3y Coukty or RiversiAe, cities of Cattneaeai City, S_C.R.A.P. taflery Ea IKAiaK LM15, J Aia, La Qui. to aKA Rawct o Nira�e. ,� �• �...",� 3s��t hj. e, s t{yZ,& •iJ` 6k& 3 W S•,Z� SSb : AC i L" h .fl v� �'.4j"'y 1�11"`mt7'�y 6 s ,� `7 eJBhty''i e.� A Y yyS. X y rSk�.$ f"4 t��Y W SSS •x'bp 1 3'� h Yz' 'X V #� -.t '. 'y3.,},k�i+• *P 1 3•lA ky k 9t l �{' R 41, Y ti � - t • • � ♦ 1 1 $ F r 11 � � T '�` � $ -� °M b � • . j • • $�•Z b3{"R h.^ 'fin rP"' C E'Nf hr, s"a' _ xY k' ?i 1 R 4 c 5',."i''R ? )x a R's . • - • • et '6 xns`1' �s ofie ,,x �N: i i i C• By the time three actors were more done with their play, the young- sters were dancing in the aisles Parks: Removing smog may take and chanting along with their 65 years, Gore says. A9 hero, James, who beat back a Earth Day: Protests and cleanups trash -spewing Jabberwocky that dominate celebrations. AID threatened to kill the forestAvith her garbage. "Reduce, reuse, recycle," they "I like the funniest part, when chanted in unison. they were running and they The actors from Imagination were fighting with swords," said Central, a children's theater Maribel Ponce, a second -grader group from I,os Angeles, put at John E. Kennedy School in their environmental message in ' Indio, pretty simple terms. CLEAR MESSAGE: But the mes- TEAM WORK: The Earth can ' sage wasn't lost. only be saved if everyone pitches In between the wiggling and the said giggling and the cheek -pinching tn, y The young audience nodded agreement. But it was a sword - fight between James and the Jabberwocky that really got their attention. "The best part was when James was fighting the Jabber- wocky," said Nicole DeLara, a second -grader at Cesar Chavez i Elementary School in Coachel- la. most of the kids agreed that recycling is important. Some even interrupted their games of rock -paper -scissors to note that they separate their trash at. home. The Student Creative Recycle Art Program, which sponsored the show, usually shows chil- dren how to make art out of household trash. SCRAP show: Grade -school chin Imagination Central at the SCRAP But Earth Day is special: and calls for something extra, said Karen Riley, who is the ex- ecutive director of the SCRAP Gallery. Educators said they are glad to see the environmental message UN iren enjoy a performance by Gallery on Thursday. gaining ground. • "It's on the lips of a lot of people," said Susie Hotter,; a retired principal who volunteers at the SCRAP Gallery. "Ten years ago, it was not as important." Tit,/ 4 aCP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of the Reimbursement Agreement with Coachella Valley Association of Governments (CVAG) to Recover Certain Construction Costs Related to the Washington Street Bridge Widening Over the Evacuation Channel RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Approve the Reimbursement Agreement between the City of La Quinta and CVAG for improvements to Washington Street from 500' south of the La Quinta Evacuation Channel to Avenue 50, including the widening of the bridge over the La Quinta Evacuation Channel. FISCAL IMPLICATIONS: None at this time. The project is not currently scheduled to receive CVAG Regional Arterial Program Funding until some time after Fiscal Year 2008/2009. The Reimbursement Agreement (Attachment 1) allows the City of La Quinta to receive funding after Fiscal Year 2008/2009 contingent upon the availability of funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Capital Improvement Project 98-09 provides for the widening of Washington Street from 500 feet south of the La Quinta Evacuation channel to Avenue 50, including the widening of the existing bridge across the channel from 40 feet to 96 feet wide. Ultimate right-of-way improvements are planned, which will result in an arterial roadway with six lanes separated by a landscaped median, sidewalks along both sides of the bridge, and a striped bike lane on both sides of the bridge. On January 20, 1998, the City Council authorized staff to begin the consultant selection process for preparation of plans, specifications and Engineer's estimates for this project. Subsequently, the City Council authorized award of a professional services agreement to Holmes & Narver, Inc. to prepare the necessary plans, specifications, and Engineer's estimates at the April 21, 1998 City Council meeting .i 6 t T:\PW DEPT\COUNCIL\1 999\990720c. wpd On January 19, 1999, a Public Hearing was held to review the conceptual landscaping plans and geometric layout of the proposed improvements, and to certify a mitigated negative declaration of environmental impact. Final aesthetic issues related to the bridge and retaining wall construction were decided by the City Council at its February 2, 1999 meeting. On April 20, 1999, the City Council approved the plans, specifications and Engineer's estimate for the Washington Street Bridge Widening, authorized staff to advertise for bids to construct the Washington Street Bridge Widening improvements, and authorized the extension of the Professional Services Agreement with Holmes & Narver, Inc. in the amount of $170,263 to include construction management and inspection services. On June 22, 1999, the City Council awarded a contract in the amount of $2,428,700 to E.L. Yeager Construction Company to construct the Washington Street Bridge Widening, and approved the execution of a reimbursement agreement between the Imperial Irrigation District (IID) for the City costs of improvements requested by IID. Washington Street ultimate widening from 500' south of the Evacuation Channel to Avenue 50 is identified in the CVAG Regional Arterial Program for reimbursement under the TUMF/Measure A Program during Fiscal Year 2008/2009. According to the TUMF/Measure A Program, the reimbursement of costs is for 50% of the design, construction, and construction management costs for projects included on the CVAG prioritized list. This project is scheduled for reimbursement during the Fiscal Year 2008/2009 depending on available funding. On June 7, 1999, CVAG's Executive Committee approved the Reimbursement Agreement for this project. Although reimbursement will not be available for some time, it is important that the City enter into the Reimbursement Agreement with CVAG to insure future reimbursement of this project if funds become available. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Reimbursement Agreement between the City of La Quinta and CVAG for improvements to Washington Street from 500' south of the La Quinta Evacuation Channel to Avenue 50, including the widening of the bridge over the La Quinta Evacuation Channel; or 2. Do not approve the Reimbursement Agreement between the City of La Quinta and CVAG for improvements to Washington Street from 500' south of the La Quinta Evacuation Channel to Avenue 50, including the widening of the bridge over the La Quinta Evacuation Channel; or 002 T:\PWDEPT\C0UNC1L\1 999\990720c.wpd 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo t Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1 . Reimbursement Agreement 4 81") T:\PW DEPT\COUNCIL\1999\990720c.wpd ATTACHMENT 1 CITY OF LA QUINTA- CVAG REIMBURSEMENT AGREEMENT " WASHINGTON STREET FROM 500' SOUTH OF LA QUINTA EVACUATION CHANNEL TO AVENUE 50 INCLUDING WIDENING BRIDGE OVER LA QUINTA EVACUATION CHANNEL" THIS AGREEMENT is made and entered into this day of , 1999, by and between the City of La Quinta ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects throughout the Coachella Valley to be projects of regional importance; and Approval of a highway financing measure by the voters of Riverside County in November of 1988 has created a source of funds with which to construct such projects; and CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and Under CVAG's customary method of funding eligible projects with member jurisdictions, a jurisdiction pays one-half of the eligible costs (the "Jurisdiction One -Half') and CVAG pays the other one-half (the "CVAG One -Half'). Historically, the CVAG One -Half has been paid after project completion as a reimbursement to the jurisdiction (the "Reimbursement Policy.") However, there now exists a compelling need to fund and construct various eligible projects notwithstanding that some or all of CVAG's member jurisdictions do not now have their funding in place so that such projects could go forward under the Reimbursement policy. Agency is in the process of finalizing the Plans, Specifications and Estimates for a project known as "Washington Street from 500' South of La Quinta Evacuation Channel to Avenue 50 Including Widening Bridge over La Quinta Evacuation Channel" (the "Project"). The total project cost is $3,294,367. Agency agrees to submit only those costs which are eligible under CVAG's policies as outlined in Section IV, "Cost Determination/Expense Eligibility" of CVAG's Policies and Procedures Manual. "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 1 4 6 6 005 Any excess property purchased to secure the necessary Right -of -Way will be deemed to belong to the Regional Arterial Program. Excess property will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in the CVAG 1994 updated list of projects. The Project is one of those projects and is therefore eligible. This project will receive funding after FY 2008/2009 contingent upon the availability of funds. 2. The Project is generally described as and consists of the following: "Washington Street from 500' South of La Quinta Evacuation Channel to Avenue 50 Including Widening Bridge over La Quinta Evacuation Channel". These services will hereinafter be referred to as the "Project". 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services -"Washington Street from 500' South of La Quinta Evacuation Channel to Avenue 50 Including Widening Bridge over La Quinta Evacuation Channel" attached hereto and made a part hereof. The cost for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One -Half and the CVAG One -Half shall be calculated by reference to the cost estimates as shown on Exhibit "B". Exhibit "C" is the "Project Schedule". 4. It is the agreement between CVAG and Agency that of the total cost of the Project of $3,294,367, Agency shall pay its Jurisdiction One -Half and CVAG shall pay its CVAG One -Half. Jurisdiction One -Half includes all funding sources, except CVAG funding. 4.1 Payments to Agency shall be made upon presentation to CVAG of statements from Agency, certifying by Project its costs, and enclosing therewith copies of contractor's invoices, evidence of payment, and such other information and records as may be required by CVAG to verify costs. 4.2 Eligible costs are defined as those outlined in Section IV, "Cost Determination / Expense Eligibility" of CVAG's Policies and Procedures Manual (Attachment 1). 5. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 2 6',' 006 of all such payments, together with a record of all change orders, cost over -runs, and other expenses incurred, and final payment will thereafter be paid by CVAG in accordance with its rules and regulations and policies concerning Project Cost Determination and Expense Eligibility. 6. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit "A" or an increase of any costs over those shown in Exhibit "B", CVAG will in good faith consider an amendment to this agreement to include any such costs under this agreement so as to provide thereby for further reimbursement to be made on account thereof. The Scope of Work shall be subject to changes, for the purpose of CVAG payment, by additions, deletions, or revisions by agreement between Agency and CVAG if such changes are in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. 7. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project, or if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency further agrees that all such files and records will be made available to CVAG upon its reasonable request. 8. This agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or ownership of the Project or to make it as a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies and their respective officers and employees, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions or inactions of the Agency taken in the performance of the Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, employees, and agents, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and descriptions to which they may be subjected or put, by reason of, or resulting from, the actions of CVAG taken in the performance of the Agreement. 9. Any dispute concerning a question of fact arising under this contract that is not disposed of by agreement shall first be decided by the CVAG Executive Director or designee, who may consider written or verbal evidence submitted by agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party's rights and remedies through actions in a Court of Law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this contract. 10. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 3 out the provisions of Part 23, title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. 11. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (such as Federal Express or UPS)), sent by telecopier or telefacsimile ("FAX") machine capable of confirming transmission and receipt, or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to Agency: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Telephone: (760) 777-7000 FAX No.: (760) 777-7101 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Attn: Associate Director/Transportation Telephone: (760) 346-1127 FAX No.: (760) 340-5949 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (I) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine), or; (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 12. This agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 13. If any term, provision, condition, or covenant of this agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 4 4 S 1 008 shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. 14. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other actions arising out of this agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of actual attorneys' fees and costs incurred in such action or proceeding, without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 15. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this future agreement to be executed by their duly authorized representatives on this date: AGENCY: IN Thomas P. Genovese, City Manager ATTEST: By: Saundra L. Juhola, City Clerk AGENCY: By: Patricia A. Larson, Executive Director CITY OF LA QUINTA By: John Pena, Mayor APPROVED AS TO FORM: By: Dawn Honeywell, City Attorney CVAG am Marilyn Glassman, Chair "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 5 4") U� EXHIBIT "A" "SCOPE OF SERVICES" " WASHINGTON STREET FROM 500' SOUTH OF LA QUINTA EVACUATION CHANNEL TO AVENUE 50 INCLUDING WIDENING BRIDGE OVER LA QUINTA EVACUATION CHANNEL" Widening Washington Street from 500' south of La Quinta Evacuation Channel to Avenue 50. These improvements will widen the existing bridge across the La Quinta Evacuation Channel, and upgrade the existing signal at Avenue 50. "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 6 4 J I ;E1() EXHIBIT "B" "ESTIMATE OF COST" " WASHINGTON STREET FROM 500' SOUTH OF LA QUINTA EVACUATION CHANNEL TO AVENUE 50 INCLUDING WIDENING BRIDGE OVER LA QUINTA EVACUATION CHANNEL" The following costs were provided by the City of La Quinta: ENGINEERING CONSTRUCTION ENGINEERING/ADM1N CONSTRUCTION CONTINGENCY (10%) TOTAL COST Proposed Project Fundin-: City of La Quinta SLTPP Funds CVAG Share (Up to 50%) TOTAL (100%) $ 268,367 $ 320,000 $ 2,460,000 $ 246,000 $ 3,294,367 $1,407,840.50 $ 239,343.00 $1,647,183.50 $ 3,294,367.00 * Any excess property purchased to secure the necessary Right -of -Way will be deemed to belong to the Regional Arterial Program. Excess property will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 7 EXHIBIT "C" "PROJECT SCHEDULE" " WASHINGTON STREET FROM 500' SOUTH OF LA QUINTA EVACUATION CHANNEL TO AVENUE 50 INCLUDING WIDENING BRIDGE OVER LA QUINTA EVACUATION CHANNEL" Approve PS&E April 20, 1999 Advertise for Bid April 20, 1999 to June 1, 1999 Award project June 15, 1999 Project Completion February 2000 "Washington St. from 500' S/O LQ Channel to Ave. 50" City of La Quinta-CVAG Reimbursement Agreement May 1999 Page 8 ,� 012` ATTACHMENT I COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REGIONAL ARTERIAL PROGRAM PROJECT COST DETERMINATION EXPENSE ELIGIBILITY Page 9 4 J 1 0 13 PROJECT COST DETERMINATION n2117 EXPENSE ELIGIBILITY TABLE OF CONTENTS SECTION DESCRIPTION 1.0 INTRODUCTION 2.0 COST ESTIMATE DEFINITIONS 3.0 PROJECT IDENTIFICATION 4.0 RIGHT-OF-WAY ACQUISITION 5.0 PROJECT LIMITS 6.0 PROJECT FUNDING SOURCES 7.0 PROJECT SCOPE OF WORK 8.0 PROJECT DESIGN (CIVIL) 9.0 PROJECT DESIGN (LANDSCAPING) 10.0 PROJECT CONSTRUCTION FUNDING 11.0 PROJECT CONSTRUCTION SURVEY 12.0 PROJECT CONSTRUCTION MANAGEMENT 13.0 PROJECT OVERSIGHT - AGENCY TIME 14.0 PROJECT CONTINGENCY FUNDS 15.0 REFERENCE DOCUMENTS Page 10 014 1.0 INTRODUCTION This section of the procedures manual outlines the process which shall be followed in determining project costs and project expense eligibility which has been approved to be constructed as part of the Coachella Valley Regional Transportation Program. This section was developed by the Coachella Valley Association of Governments (CVAG) Transportation Technical Advisory Sub -Committee (TTAS). The primary purpose of this section is to provide a guideline for agencies to make application for a project for both Measure A and Transportation Uniform Mitigation Fee (TUMF) funding. The project development process starts with an agency -initiated study after a highway improvement need has been identified. The estimates for projects identified as part of the Regional Transportation Plan are addressed in the Regional Arterial Cost Estimate (RACE), dated March, 1993 and shall be updated biannually as part of the TUMF review process. The next update is scheduled for Fall, 1995. 2.0 COST ESTIMATE DEFINITIONS • Construction An updated cost estimate for the costs to build the improvement per the approved plans and specifications. • Engineering Engineering costs will usually be estimated on the basis of a percentage of the estimated construction costs. • Right -of -Way Expenditures for right-of-way are to be prepared with an accuracy comparable to standards in the industry. Overhead charges need not be included. • Scheduling Indicate status of project, giving a tentative schedule for engineering, right-of-way acquisition and construction. Discuss project phasing, if planned. 3.0 PROJECT IDENTIFICATION Any project which is to be submitted for review and funding shall meet or provide all of the following: • The proposed project shall appear on the approved April 1994 Transportation Project Prioritization Study updated list of projects. • The project shall be clearly identified showing, as a minimum, the limits of the project, scope of work, anticipated start and completion dates, estimated project cost and funding sources. • A general statement of the project. Why it is needed, etc. • A preliminary design estimate for all design services. • A preliminary construction cost estimate, to be updated once design is completed. • A preliminary construction management and Agency project management cost estimate. 90 015 Page 11 4.0 RIGHT-OF-WAY ACQUISITION AND OTHER ASSOCIATED COSTS All right-of-way acquisition and other associated costs, including appraisals and any other costs allowed by state and federal law, are eligible for regional funding. The agency will further submit a detailed list of costs associated with the right-of-way acquisition to CVAG for review and comment. CVAG will assess each cost and determine its eligibility for regional funding. All protests shall be sent to the Transportation Technical Advisory Sub - Committee for further review. All protests must be in writing and the grounds for protest clearly identified. Where the likelihood of extensive right-of-way acquisition exists or the need for extensive relocation of homes and businesses, or in the case of new roadway extensions or openings or other extenuating physically or economical restraints so warrant, preliminary engineering, alignment and traffic studies shall be eligible for reimbursement or funding from regional funds. Any excess property purchased to secure the necessary right-of-way will be deemed to belong to the Regional Arterial Program. Excess property will be disposed of in the best interests of the Regional Arterial Program, in order to recapture funds expended. Any recaptured funds will reduce the overall cost of the project. 5.0 PROJECT LIMITS The lead agency submitting a proposed project for review and funding shall clearly identify the project limits. The limits of the project shall be defined as the beginning and the end of the construction. If more than one beginning and/or ending is necessary, clearly indicate that on the statement of the project limits. A vicinity map shall be included with the project submittal package identifying where the project is located. 6.0 PROJECT FUNDING SOURCE Project funding will come from both regional Measure A revenues and TUMF collected by CVAG member agencies. Other sources of funding may include local funds from the agency proposing the project, local gas tax funds, ISTEA funds, redevelopment funds, etc. All funding sources should be considered by the agency prior to project submittal to CVAG for funding from the Regional system funds. CVAG will advance fund, for TUMF jurisdictions, a project up to 100% of the total approved, eligible, estimated project cost. Project contingency funds will not be funded. However, any additional costs incurred due to any change in scope of work may be submitted to CVAG for funding eligibility, and will be processed through CVAG's committee structure for approval. 49 016 Page 12 7.0 PROJECT SCOPE OF WORK A project scope of work narrative shall be submitted to CVAG with the submittal for expense eligibility and regional funding. The narrative shall include, but not be limited to, discussion of the following: • Right -of -Way Acquisition and Relocation • Project limits • Typical roadway improvement section • Vicinity map for project location identification • Anticipated starting date - Engineering, R-O-W Acquisition and Construction • Anticipated completion date - Engineering, R-O-W Acquisition and Construction • Anticipated funding amount 8.0 PROJECT DESIGN (CIVIL) The project design is the sole responsibility of the agency and/or agencies which are proposing and constructing the project. However, the design and construction standards as outlined in the Regional Arterial Cost Estimate (RACE), 1993 Update, shall be a guideline to be used by the designer for project design and construction standards. Any deviations should be identified, along with the rationale for such deviations. The total project design services shall not exceed in cost 10% of the estimated construction costs, or as determined by CVAG. 9.0 PROJECT DESIGN (LANDSCAPING) The following is a narrative of the landscape improvements which shall or shall not be eligible for regional funding: • All new landscaping, electrical and irrigation work shall NOT be eligible for regional funding. • Only new utility sleeves which are to be placed below the roadway surface for future use shall be eligible for regional funding. Additionally, any existing landscaping, electrical and irrigation which is directly affected by the project shall be eligible for funding providing it is replaced "in kind". 10.0 PROJECT CONSTRUCTION FUNDING All regionally funded agency project construction will consist of furnishing all materials, equipment, labor, tools and incidentals as required to construct the improvements as required by the approved plans, specifications and contract documents. "Curb -to -curb" improvements are eligible for funding, with the exception of landscaping. (See section 9.0 for further detail on landscaping.) "Curb -to -curb" improvements include asphalt paving, striping, curb, etc. Sidewalks, bus -turnouts, bikelanes, etc. are not eligible for Regional Arterial funding. 4J*� 017 Page 13 Exception: One sidewalk and/or one bikelane will be eligible for Regional Arterial funding if it crosses a(n): 1. Regional Arterial Bridge 2. Interstate 10 Interchange 3. Interstate 86 Interchange All regionally funded agency projects will comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex or religion will also be required. All regionally funded agency projects will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit bids in response to this project and will not be discriminated against. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 23, title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation's policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. All regionally funded project bids shall be prepared on the approved agency proposal forms in conformance with the instructions to bidders. All approved regional construction projects will be funded to 100% of the lesser of the following: • CVAG approved project construction cost estimate. • The lowest responsible bidder's award. 11.0 PROJECT CONSTRUCTION SURVEY Construction survey is defined as all surveying and construction staking necessary for the construction of the project as determined by the engineer. The cost of any additional surveying and/or construction staking primarily for the convenience of the contractor, not in conformance with usual and customary practices and for replacement of stakes lost as a result of the contractor's or agency's negligence, shall be the responsibility of the contractor and/or agency. The agency shall be responsible for all resetting of Monumentation within public and/or private right-of-way that is destroyed by the construction operations unless it is itemized in the approved construction survey estimate. ` ,.)'-) 018 Page 14 12.0 PROJECT CONSTRUCTION MANAGEMENT Project construction management costs shall be eligible for regional funding only if it is to fund one or more of the following: • Construction inspection • Materials testing • Project management • Construction Survey • Geotechnical studies and reports • Contract administration The activities set forth above shall be eligible for regional funding based upon actual costs provided the total sum does not exceed 15% of the approved estimated construction costs. 13.0 PROJECT OVERSIGHT - AGENCY TIME Project cost estimates should include an amount intended to allow Agency to recover an amount representing the costs incurred for the time of its employed staff in working on the project. These amounts shall be eligible for regional funding based upon actual costs provided the total sum does not exceed 5% of the approved estimated project costs. 14.0 PROJECT CONTINGENCY FUNDS Project contingency funds shall not be granted at the beginning of a project. If a change in scope or design creates a need for a change order which may require additional funds, the agency shall make application with CVAG for expense eligibility from regional funds. Actual cost incurred shall only be eligible for funding. 15.0 REFERENCE DOCUMENTS Transportation Project Prioritization Study, April 1994 Regional Arterial Cost Estimate, March 1993 Regional Arterial Financial Plan and Expenditure Program, November 1994 Coachella Valley Area Transportation Study, 1987 Coachella Valley Area Transportation Study, 1984 C:\wp\agree\5050\48wshdn 1.098 019 Page 15 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration to Award a Contract to STUDY SESSION: Construct Project 98-15, Various Fiscal Year 1 998/99 Citywide Street Improvements PUBLIC NEARING: RECOMMENDATION: Declare the bid received from DBX, Inc. for Project 98-15 non -responsive; and award a contract to the second lowest responsible bidder, Sierra Pacific Electrical Contracting in the amount of $236,793.00 to construct Project 98-15, Various Fiscal Year 1 998/99 Citywide Street Improvements. FISCAL IMPLICATIONS: Adequate funding is available in the current project budget to support the recommendation to award a contract to Sierra Pacific Electrical Contracting. Funding and sources currently available for this project are: Assigned Funding Sources Account Number Amount Infrastructure Fund 401-000-493-000 $362,500.00 Less Prior Expenditures: ($20,907.31) REMAINING AVAILABLE FUNDING: $341,592.69 Based on the award amount of $236,793.00, the following project budget is recommended: Construction: $236,793.00 Inspection/Testing: $22,522.00 Administration: $16,545.69 Sub -Total: Contingency: $275,860.69 $27,586.07 TOTAL: $303,446.76 TAPW DEPT\COUNCIL\1999\990720a.wpd CHARTER CITY IMPLICATIONS: Each of the Bidders that responded are union shop owners. Union shops pay prevailing wages; therefore, there are no Charter City Implications. BACKGROUND AND OVERVIEW: On July 7, 1998, the City Council approved the Fiscal Year 1998/99 Capital Improvement Program (CIP). The adopted program includes the installation of two new traffic signals and the retrofit of six additional traffic signals to allow for emergency vehicle preemption. On August 18, 1998, the City Council approved the consultant selection committee and the request for proposals. They also authorized staff to receive proposals for the work associated with the installation and retrofitting of the traffic signals. On October 20, 1998, the City Council awarded a Professional Services Agreement to the firm of Nickerson, Diercks & Associates (NDA) to complete a traffic signal warrant analysis and provide professional engineering design services for the intersections of Calle Tampico/Eisenhower Drive and Fred Waring Drive/Dune Palms Road. On December 15, 1998, the City Council accepted the Traffic Signal Warrant Analysis for the intersection of Fred Waring Drive at Dune Palms Road and authorized NDA to proceed with the preparations of plans, specifications and estimates for the traffic signal installation at Fred Waring Drive and Dune Palms Road and the retrofit of six intersections identified to receive Emergency Vehicle Preemption Systems. The City Council did not accept the Traffic Signal Warrant Analysis for the Eisenhower Drive/Calle Tampico intersection. The City Council directed NDA to complete a new traffic signal warrant analysis for the intersection of Eisenhower Drive/Calle Tampico and investigate other options to maximize efficiency and safety at that intersection. NDA completed another traffic signal warrant analysis and investigated other options and determined that a traffic signal was warranted; however, minor modifications to the intersection would provide the same enhancement to safety and efficiency that would be provided by the installation of a traffic signal. As a result, NDA recommended that minor improvements to the intersection be completed instead of the installation of a traffic signal. 502 I�i)ti T:\PWDEPT\C0UNC1L\1 999\990720a.wpd On April 20, 1999, the City Council accepted the Traffic Signal Warrant Analysis prepared for the intersection of Eisenhower Drive/Calle Tampico and authorized NDA to proceed with the preparation of plans, specifications, and estimates (PS&E) for minor street improvements at the intersection of Eisenhower Drive/Calle Tampico. The improvements were included and bid along with the proposed traffic signal installation at Fred Waring Drive/Dune Palms Road and the emergency vehicle preemption systems for the following locations: Washington @ Avenue 47 Avenue 50 @ Park Avenue Eisenhower @ Avenue 50 Eisenhower @ Coachella Two of the six emergency vehicle preemption units will be installed in conjunction with other CIP projects. One will be installed at Washington Street/Avenue 50 with signal modifications for the Washington Street Bridge Widening project. The second unit will be installed at Jefferson Street/Highway 1 1 1 in conjunction with signal modifications for the Jefferson Street Improvement project. On June 27, 1999, sealed bids were received for construction of this project. The following table illustrates the results of the bids received. A detailed bid comparison summary is provided as Attachment 1. CONTRACTOR DBX, Inc. Sierra Pacific Electrical Contracting Engineer's Estimate $223,225.00 $236,793.00 $192,175.00 After a review of the bid documents by staff, it was determined that the apparent low bidder, DBX, Inc., did not properly complete the bid documents. Specifically, the contractor did not list the percentages of subcontract work, as required by the specifications. Based upon the City Attorney's review of the documents, DBX Inc. bid is "non -responsive," making Sierra Pacific Electrical Contracting, Inc. the lowest responsible bidder. Considering an award date of July 20, 1999, the following schedule is anticipated: Contract Award: Notice to Proceed: Construction Period (90 days): Project Acceptance: July 20, 1999 August 15, 1999 August 15, 1999 - November 13, 1999 December 1999 )�J3 T:\PWDEPT\C0UNC1L\1 999\990720a. wpd ou; FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Declare DBX Inc.'s bid for Project 98-1 5 non -responsive; and award a contract to Sierra Pacific Electrical Contracting, Inc. in the amount of $236,793.00 to construct Project 98-15, Various FY 1998/99 Citywide Street Improvements; or 2. Do not declare DBX Inc.'s bid for Project 98-15 non -responsive; and award a contract to DBX Inc. in the amount of $223,225.00 to construct Project 98-15, Various FY 1998/99 Citywide Street Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, ri Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: / Thomas P. Genovese City Manager Attachments: 1 . Bid Summary Comparison 519-1 O 0 �4 T:\PWDEPT\COUNC1L\1 999\990720a.wpd ATTACHMENT BID SUMMARY COMPARISION VARIOUS FY 98'-99' CITYWIDE STREET IMPROVEMENTS PROJECT NO. 98-15 City of La Quinta BASE BID AREA 1 - Traffic Signal Installation - Fred Waring Drive at Dune Palms Road En ineer's Estimate DBX Inc. Sierra Pacific Electrical ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL 1 Type 26-4-80 Pole w/ Foundation 1 EA $4,000 $4,000 $6,000 $6,000 $5,435 $5,435 2 Type 19-4-80 Pole w/ Foundation 1 EA $3,500 $3,500 $5,000 $5,000 $4,320 $4,320 3 Type 16-2-80 Pole w/ Foundation 1 EA $3,000 $3,000 $4,200 $4,200 $2,634 $2,634 4 Type 15 Pole w/ Foundation 1 EA $1,800 $1,800 $2,000 $2,000 $1,764 $1,764 5 Type 1-A Pole w/ Foundation 1 EA $600 $600 $1,000 $1,000 $790 $790 6 PPB Post w/ Foundation 1 EA $350 $350 $600 $600 $306 $306 7 12" Vehicle Head w/ Framework 11 EA $350 $3,850 $900 $9,900 $738 $8,118 8 Pedestrian Head w/ Framework 2 EA $350 $700 $600 $1,200 $648 $1,296 9 Pedestrian Push Button w/ Sin 2 EA $200 $400 $100 $200 $114 $228 10 IISNS 3 EA $400 $1,200 $800 $2,400 $936 $2,808 11 Luminaire 3 EA $350 $1,050 $300 $900 $264 $792 12 Video Detection Camera 3 EA $6,000 $18,000 $12,000 $36,000 $10,275 $30,825 13 EVP Optical Detector 3 EA $1,000 $3,000 $2,200 $6,600 $2,175 $6,525 14 3" Conduit 240 LF $30 $7,200 $16 $3,840 $37.80 $9,072 15 3" Conduit PVC 160 LF $30 $4,800 $16 $2,560 $55.45 $8,872 16 2" Conduit 150 EA $25 $3,750 $12 $1,800 $23.80 $3,570 17 Pull Box 6 EA $150 $900 $100 $600 $186 $1,116 18 Pull Box - Traffic Bearing 2 EA $300 $600 $400 $800 $628 $1,256 19 Sign - Mounted on Signal Mast Arm 2 EA $150 $300 $100 $200 $215 $430 20 1 Conductors & Cables LS >>> »»» $6,500 »»» $9,000 »»» $3,850 21 Type III Service w/ Foundation 1 EA $2,100 $2,100 $3,000 $3,000 $1,951 $1,951 22 Controller Assembly and Type "P" Cabinet w/ Foundation 1 EA $18,500 $18,500 $32,000 $32,000 $29,525 $29,525 23 Pedestrian Access Ram - Remove and Reconstruct 2 EA $1,500 $3,000 $1,200 $2,400 $1,340 $2,680 24 Signing/Striping »> »»» $1,000 »»» $3,200 »»» $3,424 TOTAL AMOUNT OF BASE BID AREA 1 - ITEMS 1 THROUGH 24: $90,100 $135,400 $131,587 BASE BID AREA 2 - Street Improvements - Eisenhower Drive at Calle Tam ico ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL 25 Mobilization 1 EA $7,500 $7,500 $1,800 $1,800 $5,830 $5,830 26 Clear and Grub 1 EA $5,000 $5,000 $3,000 $3,000 $5,300 $5,300 27 Unclassified Excavation LS >>> »»» $1,000 »»» $11,200 »»» $10,600 28 Sawcut & Remove Existing Pavement 680 SF $3.00 $2,040 $2 $1,360 $1.85 $1,258 29 As halt Concrete Pavement 290 Ton $50.00 $14,500 $50 $14,500 $58.30 $16,907 30 Crushed Aggregate Base 320 Ton $33.00 $10,560 $30 $9,600 $21.20 $6,784 31 Si nin /Stri in LS »> »»» $2,000 »»» $3,200 »»» $3,424 TOTAL AMOUNT OF BASE BID AREA 2 - ITEMS 25 THROUGH 31: $42,600 $44,660 $50,103 BASE BID AREA 3 - Traffic Signal Modifications - EVP Retrofit ITEM NO. ITEM DESCRIPTION EST. QTY. I UNIT UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL 32 Avenue 50 at Park Avenue LS >>> »»» $12,000 »»» $9,274 »»» $12,329 33 Eisenhower Drive at Avenue 50 LS >>> »»» $14,000 »»» $8,599 »»» $11,640 34 Eisenhower Drive at Coachella Drive LS >>> »»» $12,000 »»» $8,809 »»» $11,225 35 Washin ton St. at Ave. 47/Hi hland Park Dr. LS >>> »»» $14,000 »»» $8,809 »»» $12,235 TOTAL AMOUNT OF BASE BID AREA 3 - ITEMS 32 THROUGH 35: $52,000 $35,491 $47,429 BASE BID AREA 3 - Traffic Signal Modifications - EVP Retrofit ITEM NO. ITEM DESCRIPTION EST. QTY. I UNIT UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL 36 Signal Controller Model ASC/2-1000 TS2 Type 1 1 EA 2650 $2,650 $2,646 $2,646 $2,680 $2,680 37 MMU-16 Model44963G30 Comflict Monitor 1 EA 1100 $1,100 $1,134 $1,134 $1,150 $1,150 38 BIU Bus Interface Unit No. 32860G1 4 EA 350 $1,400 $386 $1,544 $366 $1,464 39 Video Monitor B&W Composite Video 1 EA 1750 $1,750 $1,782 $1,782 $1,805 $1,805 40 24-Volt Power Supply 1 EA 575 $575 $568 $568 $575 $575 TOTAL AMOUNT OF BASE BID AREA 4 - ITEMS 36 THROUGH 40:1 $7,475 $7,674 $7,674 PROJECT COST TOTALS Engineer's Estimate DBX Inc. Sierra Pacific Electrical TOTAL AMOUNT OF BASE BID AREA 1 - ITEMS 1 THROUGH 24: $90,100 $135,400 $131,537 TOTAL AMOUNT OF BASE BID AREA 2 - ITEMS 25 THROUGH 31: $42,600 $44,660 $50,103 TOTAL AMOUNT OF BASE BID AREA 3 - ITEMS 32 THROUGH 35: $52 000 $35 491 $47 429 TOTAL AMOUNT OF BASE BID AREA 4 - ITEMS 36 THROUGH 40: $7,475 $7,674 $7,674 TOTAL PROJECT COST �- $192,175 $U3,225j $236,793 Note: The bid for Sierra Pacific Electrical differs for their submitted bid schedule by $738.00. See Base Bid Area 1, Bid Item No. 7. Page 1 of 1 06/28/99 MSD/NDA 006' T-itit 4 o*P Qum& COUNCIL/RDA MEETING DATE: ITEM TITLE: AGENDA CATEGORY: July 20, 1999 BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Consideration of Adoption of Resolution Adopting the "Local Government Records PUBLIC HEARING: Retention Guidelines" as the City's Records Retention Policy RECOMMENDATION: That the City Council adopt a resolution adopting the "Local Government Records Retention Guidelines" by reference, as the City's Records Retention Policy. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: About a year ago, staff began exploring a records retention program so that records which have been scanned and/or are no longer needed may be destroyed. During this exploration process, copies of records retention policies from several different cities were obtained. A review of those policies indicate that there are no retention standards throughout California cities. As an example, retention of Council agenda packets run from two months to permanent. The California City Clerk's Association assumed the task of developing a program that could be adopted by the State Legislature in order to have some continuity amongst the cities. That task was completed in December 1998, and the document, "Local Government Records Retention Guidelines" has been reviewed by the League of California Cities Administrative Services Committee and has subsequently been introduced in the Senate as SB 742. It has moved through the Legislative process with no problems. There was an amendment to the appropriations figure in the Assembly and will be going back to the Senate this month for ratification of the appropriation amount and is expected to be signed by the Governor in August. Once enacted, it will be put into place as "guidelines," meaning that it will not be a mandatory regulation. By adopting these guidelines by reference, anytime changes that are made by the State, they would automatically become the City's policy. One alternative to adopting these guidelines would be to contract with a consultant to prepare a program that is tailored to the City of La Quinta. This would be time consuming and may leave the City with policies inconsistent with California standards. The City Manager, City Attorney and City Clerk have reviewed and discussed these guidelines with all of the Department Directors. The only two concerns which surfaced have been addressed in the adopting resolution. One concern dealt with the need to retain financial records for a longer period of time in order to comply with Federal audit requirements. That concern was addressed by allowing individual Department Directors to adopt a policy of retaining documents for additional time if approved by the City Manager. The other concern dealt with draft blue prints. The Department Director felt there was no need to retain these drafts once the original and final blueprint is on file. Therefore, it was included in the definition of "Transitory Writing." It should be noted that, in accordance with the resolution, the consent of the City Attorney is required prior to destruction of any records. It should also be pointed out that while some records have a two-year retention period, many are being scanned, such as Council agenda packets, so they will be available permanently. FINDINGS AND ALTERNATIVES 1. That the City Council adopt a resolution adopting the "Local Government Records Retention Guidelines" by reference as the City's records retention policy; or 2. Direct staff to develop a Request for Proposals for consultant services to draft a policy tailored to the City of La Quinta; or 3. Provide staff with further direction. Res ectfully submitted by AUNDRA L. JUHOLA, City Clerk DAWN C. HONEYW LL, City Attorney Approved for submission .by: THOMAS P. GENOVESE, City Manager Uv._ RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE DEPARTMENTS AND OFFICES OF THE CITY AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH WHEREAS, except for records less than two years old and certain other records, Government Code Section 34090 authorizes the head of the city department to destroy any city record, document, instrument, book or paper under his or her charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and written consent of the City Attorney; and WHEREAS, the City Council desires to establish a retention schedule for records under the control of the executive officers in charge of various City departments and offices and to approve destruction of records in accordance therewith. WHEREAS, the State of California is in the process of adopting a recommended draft of a records retention schedule; and WHEREAS, the City Council believes there are benefits of ease of administration to adopting said draft schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California does hereby resolve as follows: 1. Definitions For purposes of this resolution, the following terms shall have the following meanings: "Department" means an agency, department or office of the administrative staff of the City of La Quinta. "Department head" means the executive officer in charge of a department. "Original" means the initial production of a record in its final form. It does not include preliminary drafts or subsequent photocopies. In the case of a signed document, the original is the document which was actually signed by the person or persons signing the document. Resolution No. 99- Page 2 "Public records" are writings in the custody of the City of La Quinta and containing information relating to the conduct of the business of the City of La Quinta. "Public record" does not include transitory writings. "Transitory writing" is a writing having no reason for retention after the purpose for which it was created has expired, such as routing slips, notices of meetings or events, writings retained solely for tickler, suspense or follow-up purposes, preliminary writings, computer print-outs, temporary draft blueprints, which are produced solely for temporary purposes, and the like. "Writing" means a document in written or printed form. 2. Purpose The purposes of this resolution are as follows: a. To assure public records are not destroyed while they still serve a useful purpose. b. To avoid the loss of room and shelf space caused by the retention of public records which no longer serve a useful purpose. C. To provide guidelines to City staff as to when public records may safely be destroyed. d. To avoid the necessity of requesting City Council approval for each individual case of public records destruction. 3. Scope a. This resolution is limited to originals of public records, except as otherwise provided in subsection "b" of this section. The department heads are authorized to establish rules or schedules for the destruction of copies of public records held within their respective departments which are not originals or copies subject to subsection "b" of this section. b. Whenever the original of a public record is sent to a location outside the custody of the City (as, for example, correspondence for a City officer or employee to a person outside of the City government), one copy of that record shall be retained by the department sending the record as if it were the original of that record. Resolution No. 99- Page 3 C. This resolution is also limited to public records which are in the form of writing on paper or microfilm. d. Individual departments may adopt a policy of retaining documents for additional time if approved by the City Manager. e. Where two guidelines appear to conflict, the longer of the two time requirements shall be applicable. f. Under the Development section "Building Construction" all permits and final plans for such construction shall be kept permanently, however, the final plans of said construction for residential non PUD development under two stories need not be retained more than CL+2. 4. Authorization for destruction of records a. The draft State Local Government Records Retention Guidelines, with the exception of those relating to police and fire, attached hereto as Exhibit "A", providing retention schedules for various types of public records, are hereby incorporated by reference herein. Subject to the provision of subsection "b" of this section, each department head may authorize the destruction of the public record or class of public records which is within the custody of his or her department and which is listed in the exhibits at any time after the time specified for retention of that record in the exhibits has expired. This resolution constitutes the consent of the City Council for the destruction of the public records in accordance with such retention schedules, and no further resolution of the City Council shall be required for such destruction. b. Prior to authorizing the destruction of any public record, the department head shall submit a list of the records proposed for destruction to the City Attorney for his or her consent to such destruction. The City Attorney may require the retention of any public record or class of public records beyond the period established for the retention of such records by the exhibits to this resolution, whenever, in his or her opinion, the continued maintenance of such records is in the best interest of the City. No record shall be destroyed without the written consent of the City Attorney. Resolution No. 99- Page 4 PASSED, APPROVED and ADOPTED this day of , 1999 by the following vote: AYES: NOES: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California V'v+� LEASE u CALIFORNIA STATE RECORDS RETENTION CLASSIFICATIONS LOCAL GOVERNMENT AGENCIES DECEMBER 1998 DMINISTRATIOPUBLIC SAFETY] Audit Animal Control* Community Services Emergency Management Elections Fire Safety General Subject Administration Grants Personnel Human Resources Property Information Services Reports Legal/Legislative Hazardous Materials Municipal Clerk Health & Welfare Policies & Procedures Law Enforcement Public Information Administration Public Financing Authority Investigations Risk Management Patrol Services EVELOPMENT( Administration PUBLIC WORK Building Code Enforcement Parks Engineering Sanitation/Solid Waste/ Environmental Quality Wastewater Housing Streets/Alleys Municipal Facilities Utilities Planning Water Property Redevelopment INANC TRANSPORTAT/O Accounting Administration Administrative Services Airport Fixed Assets Ground Transportation License Harbor Payroll Purchasing Reports Treasurer *Anticipate will be addressed by County Officials 13 GLOSSARY OF RECORDS RETENTION DEFINITIONS ACTIVE Recoras that are required for da%-to-day business and are subiec: to frequent use: generally referred to more than once per month per file drawer ADMINISTRATIVE VALUE A record that assists in the operation of government. and insures administrative consistent- and continum. ser\m2 a particular purpose for that office at that particular time In appraisal. the usefulness of records for the conduct of current andror future administrative business needs. ADOPTION Final action by a legislative bode. AGENCY -SPECIFIC Retention schedule which specifies the approved disposition of a SCHEDULE I record series unique in purpose and function to its creating agent\. APPRAISAL The process of determining the value and thus the disposition of records based on their current administrative. fiscal. and legal value: their evidential and informational value: their arrangement and condition: their intrinsic value. and their relationship to other — records. ARCHIVAL RECORDS Records identified as having archival value or potential archival value on the agency records retention schedule. AUDIT Re\ic%% for acceptance of records relating to operations. policies and procedures. Financial documentation and historical documents by regulating agencies. CLOSED/COMPLETED I A file or record on which action leas been completed and to which an audit or further action is not likely to occur. COPY A reproduction of the contents of an original document which is not the official file coPy of the agencN. Copies are usually identified by their function. i.e.. action copy. reading File coPe. tickler file coPe. etc. In most instances. copies mll have a shorter retention than the official File co \ (see Record Com ) of a record series. CURRENT Records \\lien specified as the minimum retention period means that superseded. rescinded. expired. or no longer useful records may be removed from the files and ma\ be destroyed. DATE OF BIRTH The date on %yhich the birth of a person is documented. DEPARTMENT OF RECORD The department that created or is responsible for retaining the official record or record copy. DISPOSITION The predetermined action taken with regard to inactive records including form of retention (Iiardcopy or image). period of time retained (archive or destroy). where to store (on -site or off -site). and method of destruction (recycle. burn or shred). DUPLICATE A document produced at the same time the original is made by use of a carbonized process (OCR or carbon paper). EVIDENTIAL VALUE In appraisal. the value of a record that documents the activities of an organization or agency. FILE INTEGRITY Accuracy and completeness of the file / records. FISCAL VALUE Documents and accounts for receipt of or expenditure of public funds: such as budget, ledgers of accounts receivable and payable, payrolls. and vouchers. Documents availability of funds for operational purposes. In appraisal, records required until a financial audit is completed or financial obligations are fulfilled. HISTORICAL VALUE In appraisal. the value attributed to a record which preserves documentation on significant historical events including the City's operations. origin. policies. authorities. functions. and organizations, as well as significant administrative decisions. C; tj LEGAL VALLE I In appraisal. %alue attributed to a record series .%hich documents `I business oNNnerslain. agreements. and transactions LIFE I A record that has contirTuin2 value ;o the orgnntzauon MINIIIUII RETENTION I The least amount of time a record must be kept DETERMINED BY PERIOD ASSESS`fE\T OF .kDMINISTRATI\E. LEGAL. FISC.k-1 A\'D HISTORICAL VALUES. PER:ILXNENT Recorded infonnation \xhich is required b\ Lm to b: retained. or which has been designated for continuous presmataon because of its administrative or historical significance. RECORD COPY The on. -final or official coPy of a record maintained b\ an aaencN. i sometimes referred to as the designated original. or blue-ribbon co v . RECORD Am documentarn material. regardless of physical form or charactenstic. made or received by an organization in pursuance of law or in connection with the transaction of business. and used b\ that organization or its success or evidence of activities or because of informational value. RECORDS RETRIEVAL Locating documents and delivering them for use RETENTION PERIOD The period of time that records must be kept according to legal and/or organizational requirements. RETENTION SCHEDULE A list or other instrument describing the record series. the length of time records are retained (nag\ include active and inactive storage breakdown). the department of record, and the final disposition. SUPERCEDE The replacement of an existing document. TERMINATION Designates the end of a specific term. e.g.. appointed. elected officials' terms. employment: training. course. program. use or o\\ nershm. VITAL RECORDS Those records containing information necessarn to continue the operation of government. affirm the po\\ers and duties of goy ernment and to pmtect the rights and interests of persons. VITAL RECORDS The document \a hick identifies those records and record senes that RETENTION SCHEDULE are classified as vital, specifies the means for the protection of those records. and provides each depanment with a complete listing of all vital records for N%hich the department is responsible. CITATIONS B&P - Business and Professions CAC — California Administrative Code CCP — Code of Civil Procedure CCR — Code of California Regulations CEQA — California Environmental Quality Act CFR — Code of Federal Regulations EC — Election Code FMLA — Family & Medical Leave Act, 1993 GC — Government Code H&S — Health & Safety HUD — Housing and Urban Development OSHA — Occupational Safety & Health Act PC — Penal Code POST — Police Officers Standards Training UFC — Uniform Fire Code USC — United States Code WIC — Welfare & Institutions Code LEGEND Records Retention AC = Active AD = Adoption AU =Audit CL = Closed/Completion CU = Current Year D.O.B. = Date of Birth E = Election L = Life P = Permanent S = Supersede T = Termination l'iI V J. �. CALIFORNIA RECORDS RETENTION GUIDELINES INDEX Abandoned Vehicles Development 4 Abandonment Development 8 Abandonments/Vacations Public Works 3 Accident Reports - City Assets Administration 10 Accounting/Cash Reconciliations Law Enforcement 1 Accounts Payable Finance 1 Accounts Receivable Finance 1 Acquisition/Disposition Development 8 Adjustments Finance 2 Administration — General Subject Administration 4 Administration — Public Financing Authority Administration 10 Administrative/Internal Law Enforcement 1 Affidavit Index Administration 1 Agenda Reports (Master, Subject Files) Administration 8, Agendas Administration 8 Agendas, Board Public Works 1 Agreements Transportation 1 Air Quality Development 5 Airport Certification Transportation 2 Airport Noise Monitoring and Complaint Transportation 2 Alarm Records Law Enforcement 1 Annexation Case Files Development 8 Annual Financial Report Administration 1 Apparatus/Vehicle Fire Safety 2 Appeals, Civil Administration 8 Applications - Aircraft Storage Transportation 1 Applications - Parking 'Transportation 1 Applications - Slip Rentals Transportation 1 Applications - Special Events Transportation 1 Applications Finance 1 Applications, Absentee Ballots Administration 1 Applications, Boards, Commissions, Committees Administration 8 Appraisals Development 8 Acquisition/Disposition Development 8 Arrest/Conviction Law Enforcement 5 Articles of Incorporation Administration 8 Asbestos Development 5 Assessment Districts Administration 9 Assessment Districts Finance 1 Asset Forfeiture - Investigations/Proceedings Case File Law Enforcement 1 Asset Forfeiture - Notifications Law Enforcement 2 Assisted, Challenged Voters List Administration 1 Audits Finance 3 Auto for Hire Transportation 3 Ballots Administration 1 Ballots — Prop. 218 Administration 2 Bank Reconciliations Finance 1 Bank Statements Finance 4 Benchmark Data Development 1 Benefit Plan Claims Administration 5 Benefit Plan Enrollment, Denied Administration 5 Bids & Proposals (Unsuccessful) Development 1 �1319 INDEX Bids, RFQ's, RFP's Finance 3 Billing Records Finance Billing/Customer Records Public Works 6 Biographies Administration 4 Blueprints, Specifications Development 4 Bond, Personnel Fidelity Administration 5 Bonds - Administration Finance 4 Bonds - Security Development 1 Bonds - Development Development 1 Bonds - Account Statements Finance 4 Bonds - Bonds and Coupons Finance 4 Bonds Administration 1 Bonds Development 6 . Bonds, Insurance Administration 10 Books, Fire Code Fire Safety 1 Brochures, publications, newsletter, bulletins Administration 10 Budget adjustments, journal entries Finance 1 Budget Operating (copies) Administration 1 Budget Operating (copies) Finance 1 Budget Administration 1 Budget, Accounting Finance 1 Budget, Adopted Finance 2 Budget, Proposed Finance 2 Business License Finance 2 Calendar Administration 2 Calendar, City Administration 10 California Environmental Quality Act (CEQA) Development 6 Canvass Administration 2 Capital Improvement Projects Development 5 Capital Improvements, Construction Development 7 Cards - Dispatch Law Enforcement 9 Cards - Field Interview Law Enforcement 9 Case Books, Investigative Law Enforcement 2 Case Files - Homicide Investigator's File Law Enforcement 2 Case Files - Narcotics (No arrest, Narcotics Cases) Law Enforcement 2 Case Files - Officer Involved Shootings Law Enforcement 2 Case Files Development 4 Case Files, Planning and Zoning Development 7_ Case Log Administration 8 Case Records - (High Profile) Administration 8 Case Records - (Routine) Administration 8 Certificates (Building) Development 4 Certificates (Planning) Development 7 Certificates of Election Administration 2 Charter - Amendments/Measures Administration 2 Checks Finance 1 Chemicals/Film Inventories Law Enforcement 10 Citations-11357(e), Juvenile Law Enforcement 9 Citations-11357b H&S, 11357c H&S, Law Enforcement 9 11360b H&S Violations Citations - California Vehicle Code Infractions (Duplicates) Law Enforcement 9 Citations - Cite and Release Law Enforcement 9 Citations - Parking/Traffic, Duplicates Law Enforcement 9 Citations - Transmittals Law Enforcement 9 Claim Files Law Enforcement 1 Claims, Damage Administration 11 r i I -J L , Irklo l Classifications and Appointments Administration 4 Closures Public Works ? Code Books Development 1 Collections/Landfill Public Works 2 Community Development Block Grant and Administration 4 Urban Development Community Services — Library Administration 1 - Community Services — Placques Administration 1 Community Services — Sports Organization Administration 1 Congestion Management Development 6 Connection Records Public Works 6 Construction (Approved) Development 4 Construction Tracking, Daily Development _ 5. Contractor Development 1 Contracts and Agreements — Excl. Capital Improvement Administration 9 Contracts and Agreements — Incl. Capital Improvement Administration 9 Correspondence Administration 4 Correspondence Development 1 Court- Daily Schedule -- Law Enforcement 2 Court - Sign -In Logs Law Enforcement 2 Court -Tracking System Records Law Enforcement 2 Crime - Felony Crimes With Or Without Arrests Law Enforcement 5 Crime - Misdemeanor/Infractions Law Enforcement 6 Crime - Supplemental, Felony Capital Crimes, Law Enforcement 6 Crimes Punishable by Death, Life Imprisonment Deeds & Promissory Notes Development 8 Deferred Compensation Finance 3 Department Manual Law Enforcement 1 Deposits, Receipts Finance 1 Destruction - Guns Law Enforcement 6 Destruction - Narcotics Law Enforcement 6 Development (includes CDBG) Development 2 Development Agreements Development 1 Development Conditions Development 1 Development Standards Development 1 Disposition of Arrest/Court Action Law Enforcement 6 Drawings, Project Plan Development 1 Drawings, Traffic Control Plan Development 5 Easements, Dedications, Rights -of -Way Public Works 3 Employee Handbook Administration 5 Employee Programs Administration 5 Employee Rights Administration 5 Employee Time Sheets Finance 2 Environmental Review Development 6 Equipment - Communication Law Enforcement 1 Equipment - Inventory Law Enforcement 1 Equipment - Inventory/Sign-out Cards- Photo Lab Law Enforcement 10 Equipment - Operations Files - Photo Lab Law Enforcement 10 Equipment - Radio Logs (Communication) Law Enforcement 9 Evidence, Disposition Forms Law Enforcement 2 Exposure - Personnel Fire Safety 1 Facilities (Sanitation/Solid Waste/Wastewater) Public Works 2 Facilities (Utilities) Public Works 6 Facility Rentals/Use Development Fair Political Practices - Administration, Statements Administration 2 Fair Political Practices - Campaign disclosure, elected Administration 2 0 -L INDEX Fair Political Practices - Campaign disclosure, not elected Administration 2 Fair Political Practices - Campaign disclosure, unsuccessful Administration 2 Fair Political Practices - Candidate Statements Administration 2 Fair Political Practices - History Administration 2 Fair Political Practices - Statement of Economic Interest, Administration 3 Elected Fair Political Practices - Statement of Economic Interest, Administration 3 not elected False Alarm (Duplicate) Finance 6 Federal and State Administration 4 Field Books Public Works 3 Field, Non -fire and Logs Fire Safety 2 Financial, Annual Finance 3 Financial Records - Grants Administration 5 Financial Records, Public Financial Authority Administration 10 Fingerprint - Applicants Files Law Enforcement 2 Fingerprint - Inked/Palm Cards Law Enforcement 2 Fingerprint - Records Latents Law Enforcement 3 Fingerprint - Suspect, Adult/Juvenile Law Enforcement 3 Fire, Non -arson and Logs Fire Safety 2 Flood Control - Drainage Facilities Public Works 6 Flood Control - Flood Zones Public Works 6 Flood Control - Insurance Programs Public Works 6 Flood Control - Polices/Procedures Public Works 6 Flood Control - Reports/Studies Public Works 6 Flood Control Development 5 Flood Records Development 7 Franchises Development 1 Fueling Transportation 1 Gas & Electric Rates Public Works 6 General Administrative .Administration 10 General Orders Law Enforcement 9 General Orders, Policies/Procedures Fire Safety 1 General Plan Amendments - Approved Development 7 General Plan Amendments - Denied Development 7 General Plan and Elements Development 7 General Subject Files Development 1 Goals & Objectives Administration 4 Grants - Parks (refer to Admin.) Public Works 1 Grants - Street/Alleys (see Admin.). Public Works 3 Grants — Water (see Admin.) Public Works 7 Grants, Community/Urban Development (includes CDBG) Development 2 Grievance Files Law Enforcement 11 Guns, Dealers Record of Sale Law Enforcement 3 Hazardous Waste Disposal Hazardous Materials 2 Hazardous Waste Disposal Transportation 1 Hearing or Review Administration 1 Historic Preservation Inventory Development 2 History, Sanitation Public Works 2 Hourly Employees Administration 5 Immigrant Administration 5 Incident Files Development 2 Incident Reports Administration 11 Incident Fire Safety 2 Incineration Plants, Sludge Public Works 2 Incinerator Operations, Treatment Plant Public Works 2 J 4 INDEX Index, Attorney Case Administration 9 Informant Files Law Enforcement .. Inspection Development 4 Inspection, Runway Transportation 2 Inspection, Safety Self Transportation 2 Inspections, Fire Prevention Fire Safety 1 Insurance, ACCEL JT Powers Agreement Administration 11 Insurance, Certificates Administration 11 Insurance, Liability/Property Administration 11 Insurance, Workers Compensation Administration 11 Internet, World Wide Web Administration 7 Interpretations Development 7 Intersection Records Public Works 3 Inventory Finance 2 Inventory, Equipment Parts & Supplies Transportation 1 Inventory, Equipment & Supplies Fire Safety 2 Inventory, Equipment - Parks Public Works 1 Inventory, Equipment - Water Public Works 7 Inventory, Information Systems Administration 7 Inventory, Records Administration 9 Inventory, Traffic Control Device Public Works 3 Inventory, Vehicle Ownership and Title Transportation 1 Investigations - Background Law Enforcement 11 Investigations - Background Hired Law Enforcement 11 Investigations - Notifications Law Enforcement 2 Investigations, Evidence Arson - Administration Fire Safety 1 Investigations, Evidence Arson - Reports Fire Safety 2 Investment Transactions Finance 3 Invoices Finance 1 Jail - Daily Logs Law Enforcement 3 Jail - Inmate Record Law Enforcement 3 Jail - Inspection Files Law Enforcement 3 Jail - Surveys Law Enforcement 3 Journals - Utility Billing Finance 1 Journals, Fire Station Fire Safety 1 Labor Distribution Finance 3 Land Uses, non -conforming Development 2 Landscape - Parks Public Works 1 Landscaping — Streets/Alleys Public Works 3 Ledger, General -Voucher Finance 1 Legal Advertising Administration 9 Licenses - Bicycle Law Enforcement 3 Licenses - Bingo, Mace Law Enforcement 3 Licenses - Business License Review Board Law Enforcement 3 Administrative Files Licenses - Duplicate (Pink), Secondhand Dealer, Law Enforcement 4 Pawn Brokers Licenses, Permits Transportation 1 Liens & Releases - Recorded Development 4 Liens & Releases - Supporting Development 4 Lighting Public Works 3 Lobbyist Registration Administration 3 Locations Public Works 7 Logs Development 5 Logs - Administration Development 2 Logs - Auto Theft Law Enforcement 4 617 INDEX Logs - Case Assignment Law Enforcement s Logs - Code Enforcement Development 5 Logs - Daily, Activity Law Enforcement 4 Logs - Daily, Officer Law Enforcement 4 Logs - Daily, Report Summary Law Enforcement 4 Logs - Investigative (Pre -Arrest) Law Enforcement 4 Logs - Juvenile Detention Law Enforcement 4 Logs - Property Control Law Enforcement 4 Logs - Rap Sheet Law Enforcement 4 Logs - Subpoena Law Enforcement 4 Logs, Attorney Service Request Administration 9 Logs, Fire Equipment/Gear Fire Safety 2 Lot Split Cases Development 8 Maintenance and Operations Transportation 1 Maintenance and Operations - Municipal Facilities Development 7 Maintenance and Operations - Parks Public Works 1 Maintenance and Operations - Public Works 2 Sanitation/Solid Waste/Wastewater Maintenance and Operations - Service Public Works 7 Maintenance and Operations - Streets/Alleys Public Works 3 Maintenance and Operations - Well & Pumping Public Works 7 Maintenance, FAA Transportation 2 Management Reports Administration 10 Maps & Plats Development 2 Maps - Parks Public Works 1 Maps - Streets/Alleys Public Works 4 Maps - Water Public Works 7 Maps, City Boundary Development 8 Maps, Plans, Drawings, Exhibits, Photos Development 8 Maps, PrecinctsNoter Information Administration 3 Maps, Septic Tank Public Works 2 Master Plans - Streets/Alleys Public Works 4 Master Plans - Water Public Works 7 Master Plans, Annual Development 2 Media Relations Administration 10 Medical Leave Administration 6 Medical - Personnel Fire Safety 1 Meter Operations Public Works 7 Meter Reading Finance 3 Minutes Administration 9 Minutes, Board Public Works 1 Motor Vehicle Pulls (DMV) Administration 6 Municipal Code Administration 9 Mutual Aid, Strategic Plans Emergency Management 1 Negotiation Administration 6 Network Information Systems (LAN/WAN) Administration 7 Nomination Papers Administration 3 Non -Criminal Occurrences Law Enforcement 6 Non -Safety Employees Administration 6 Notices, Meeting Administration 9 Notifications and Publications Administration 3 Oaths of Office Administration 3 Opinions Administration 9 Ordinances Administration 9 Parades & Special Events File Law Enforcement 11 Parking - Lots Public Works 4 INDEX Parking - Regulations Public Works 4 Patrol Requests (Correspondence) Law Enforcement 9 Pawn Slips/Tickets Law Enforcement 4 Permits - Alcoholic Beverage Control License Law Enforcement 11 Permits - Concealed Weapons Law Enforcement 11 Permits - National Pollutant Discharge Elimination Public Works 7 System (NPDES) Permits - Others Public Works 7 Permits Development 4 Permits Public Works 4 Permits, Construction Development 2 Permits, Encroachment Public Works 4 Permits, Hazardous Materials Storage Hazardous Materials 2 Permits, Improvement Public Works 4 Permits, Other Development 2 Permits, Oversize Load Public Works 4 Permits, Parking Public Works 4 Permits, Paving Public Works 4 Permits, Uniform Fire Code Fire Safety 1 Permits, Use (Temporary) Public Works 4 PERS Employee Deduction Reports Finance 2 PERS, Social Security, SSI Administration 6 Personnel Records (copies) Administration 6 Pest Control Development 6 Petitions - Elections Administration 3 Petitions - Legal/Legislative Administration 9 Photographs - Daily Report (Negatives) Law Enforcement 4 Photographs - Inmates (Negatives) Law Enforcement 4 Photographs - Negative Log Law Enforcement 11 Photographs - Negatives, Misc. Law Enforcement 11 Photographs - Personnel -Law Enforcement 11 Photographs Development 2 Photographs - Parks Public Works 1 Photographs - Streets/Alleys Public Works 4 Photographs, Negatives, Film Administration 11 Plans, Capital Improvement, Projects Public Works 4 Plans, Proposed Public Works 1 Policies & Procedures, Departmental Administration 4 Policies and Procedures - Naming and numbering Public Works 5 Policies and Procedures - Speed Limits Public Works 5 Policies and Procedures- Parks Public Works 1 Policies and Procedures -Water Public Works 7 Policy, Council/Proclamations Administration 10 Precinct Records Administration 3 Press Releases Law Enforcement 11 Press, Video Programs (Community Relations) Law Enforcement 11 Program Files and Directories Administration 8 Programs - Federal Aid Urban Public Works 5 Programs - Traffic Safety Public Works 5 Programs Development 6 Programs, Household Hazardous Waste Hazardous Materials 2 Projects, Not Completed or Denied Development 2 Promotional Marketing — Eternal, Internal Administration 4 Property Files Law Enforcement 11 Property Original Law Enforcement 6 Property, Pawn Broker/Secondhand Law Enforcement 11 �� 1 INDEX Public Records Request Administration 10 Radar Calibration Records Law Enforcemen: 2 Railroad Right-of-way Public Works 1 Range Inventory Law Enforcement 6 Rates - Sanitation/Solid Waste/Wastewater Public Works 2 Rates - Water Public Works 7 Reclamation Public Works 8 Records Management Disposition Certification Administration 10 Records Management Administration 10 Records Retention Administration 10 Recruitment Administration 6 Recycling Programs Public Works 2 Redevelopment Development 6 Register Finance 2 Registers, Transient Vessel Reservation Transportation 3 Registration Files, Arson, Sex and Narcotics Law Enforcement 5 Regulations Development 5 Regulations Public Works 2 Relocation Files Development 8 Report, Accident (Copies) Transportation 2 Reports -Accident and Incident (Aircraft) Transportation 2 Reports -Accident Law Enforcement 10 Reports -Accident Public Works 1 Reports - Activity Law Enforcement 1 Reports -Airport Operational (Administrative) Transportation 3 Reports -Airport Operational (Regulatory) Transportation 2 Reports - Audit Administration 1 Reports - Bridges & Overpasses Public Works 5 Reports - Chemical Emissions Law Enforcement 1 Reports - Conservation Public Works 8 Reports - Consumption Public Works 8 Reports - Corrosion Control Public Works 8 Reports - Dealer of Gun Sales, Duplicate Law Enforcement 11 Reports - Departmental Administration 4 Reports - Discharge Monitoring Public Works 8 Reports - Drinking Water Corrections Public Works 8 Reports - Federal and State Tax Finance 3 Reports - Human Resources Administration 6 Reports - Hydrograph_ Public Works 8 " Reports - Inspection Public Works '5- Reports - Lead Service Line Public Works 8 Reports - NOTAM (Notice to Airmen) Finance 3 Reports - NOTAM (Notice to Airmen) Transportation 3 Reports - Others Public Works 1 Reports - Public Education Public Works 8 Reports - Quality Parameters Public Works 8 Reports -Sanitary Surveys Public Works 8 Reports - Source Water Public Works 8 Reports - Staff Administration 4 Reports -State Certification Public Works 8 Reports - Studies (Sanitation/Solid Waste/Wastewater) Public Works 3 Reports - Studies Public Works 1 Reports - Studies Public Works 5 Reports - Survey Response Files Law Enforcement 1 Reports - Tonnage Public Works 3 Reports -Traffic Collision Fatalities Law Enforcement 10 INDEX Reports -Traffic Count Public Works Reports - Variances, Water System Public Works Reports - Vehicle Accident Public Works Reports -Well Level Public Works Reports Development Reports Law Enforcement Reports, Federal and State - Code Enforcement Development Reports/Studies Public Works Requisitions - Purchase Orders Finance Requisitions - Stores Finance Research Project Files Law Enforcement Resolutions Administration Resolutions, Board Public Works, Restraining Orders, Emergency Protective Orders, Law Enforcement Temporary Restraining Orders, Legal Stipulations, Orders After Hearing Reviews, Internal/External Periodic Administration Risk Management Reports Administration Roster of Voters Administration Rosters (Divisional) Law Enforcement Routes, School Bus & Truck Public Works Safety Employees Administration Salary Records Finance Schedules - Daily Law Enforcement Schedules - Municipal Clerk Administration Schedules -Watch Assignment/Timekeeping Records Law Enforcement Schedules, Class & Events Public Works Sealed - Adult Found Factually Innocent Law Enforcement Sealed - Juvenile Law Enforcement Seismic Retrofit Program Development Signage Public Works Signs (Temporary) Development Slip Rental Index Transportation Slip Rental Permits Transportation Slip Rental Waiting List Transportation Soil Development Soil Reports Development Sources Public Works Speaker Requests Law Enforcement Special Districts Development Special Projects Administration State Controller Finance Statistical (Crime Analysis) Law Enforcement Statistical (UCR), Uniform Crime Reports Law Enforcement Street Names and House Numbers Development Street/Alley (Abandonment/ Vacation) Development Studies, Special Projects & Areas Development Subpoenas (Duplicate) Law Enforcement Support Services Administration Surplus Property - Auction Finance Surplus Property - Disposal Finance Surveyor Field Notes Public Works Surveys Development Surveys and Studies Administration Surveys, Water System Sanitary Public Works Tapes -Audio, Telephone and Radio Communications Law Enforcement 3 3 7 9 t '12 1 11 3 12 5 7 3 12 10 12 1 8 8 3 5 4 3 3 3 6 6 9 12 5 4 3 7 7 3 5 3 8 4 2. 2 9 3 7 9 8 INDEX Tapes -Audio, Video Administration 9 Tapes - Surveillance!Security Video (Jail) Law Enforcement 3 Tapes Information Systems Administration 8 Taxes Receivable Finance 1 Tests - Bacteriological Analysis Public Works 9 Tests - Chemical Analysis Public Works 9 Tests - Quality Public Works 9 Tests, Densitometer Results (Photo Lab) Law Enforcement 12 Traffic Signals Development 5 Traffic Signals Public Works 6 Training - Bulletins Law Enforcement 12 Training - Event Files Law Enforcement 12 Training - Lesson Plans, Range Law Enforcement 12 Training Materials Hazardous Materials 3 Training - Personnel Fire Safety 1 Training - Personnel (by name) Law Enforcement 12 Training - Schedules, Range Law Enforcement 12 Training Records - Non -Safety Administration 7 Training Records - Personnel (by name) Administration 7 Training Records - Safety Administration 7 Travel Records Administration 4 Underground Public Works 6 Underground Storage Tank - Hazardous Materials 3 Maintenance and Operations Underground Storage Tank - Compliance Hazardous Materials 3 Uniform Vouchers (by name) Law Enforcement 10 Unsuccessful Grants Administration 5 Use of Force Supervisory Review Files Law Enforcement 8 Utility Rebates Finance 3 Valve Main Records Public Works 9 Vehicle Assignment ,Transportation 2 Vehicle Ownership & Title Finance 2 Vehicle - Assignment Reports Law Enforcement 10 Vehicle - Down Reports Law Enforcement 10 Vehicle Mileage Reimbursement Rates Administration 7 Vehicle - Repossession/Private Impounds Law Enforcement 10 Vehicle - Service Schedules Law Enforcement 10 Vendor Register Finance 3 Vests, Bulletproof Letters Law Enforcement 10 Violations, Drinking Water Public Works 9 Violations, Building, Property & Zoning Development 5 Volunteer Card Files Law Enforcement 12 Voter Affidavits Administration 3 Voter Registration Signature Copy Administration 4 Warrant Register Finance 1 Warrants - Felony Law Enforcement 8 Warrants - Misdemeanor Criminal Law Enforcement 9 Warrants - Parking Law Enforcement 10 Warrants - Served Law Enforcement 9 Warrants - Traffic Law Enforcement 10 Warrants - Unserved (Local) Law Enforcement 9 Weapons, Database Law Enforcement 10 Weed Abatement Fire Safety 2 Weigh Scales Public Works 6 Workers Compensation Administration 11 10 . !� CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor AUDIT Annual Financial Report CL + 2 GC34090 Independent auditor analysis Bonds CL + 10 GC34090; CCP 337.5 Final bond documentation Budget P GC34090 Annual operating budget approved by Legislative Body Budget Operating (copies) S GC34090 Departmental Reference Hearing or Review AU + 2 GC34090; OMB A-128 Documentation created and or received in connection with an audit hearing or review Reports AU + 4 GC34090; OMB A-128 Internal and/or external Reviews, Internal/External Periodic CU GC34090; GC6250 Daily, weekly, monthly, quarterly or other summary, review, evaluation, log, list, statistics, except a report COMMUNITY SERVICES Libraries CU + 2 GC 34090 Books, art, gifts, donations, exhibits, theatre, music, special events, etc. Plaques P Historic value Sports Organization S + 2 ELECTIONS Affidavit Index CL + 5 EC 17001 Applications, Absentee Ballots and Envelopes E + .5 EC 17505; EC 17302 From date of election Assisted, Challenged Voters List E + .5 EC 17304 From date of election Ballots E + .5 EC 17302 From date of election; ballots submitted to precincts/City Clerk that were not used - unless contested (EC 17302(c)) retention by court order ``� 000023 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Ballots P California Property related fees (Assessment Prop. 218 Constitution Ballot proceeding) (Assessment Art. XIII Districts) Calendar E + 2 GC 34090 II Canvass P GC 22932; Notifications and Publication of EC 17130; Election; Records used to compile final EC 2653 election results, including tally sheets, voting machine tabulation, detailed breakdown of results; special election results Certificates of Election T + 4 C 81009(a) 3G) Certificates of election; Original reports 1 and statements Charter P GC34458-60; Chapter designations by Secretary of Amendments/ GC34090 State following adoption of voters Measures ' Fair Political Practices Administration/ CU + 5 FPPC Opinions Campaign Statements and Conflict of Interest Campaign P GC81009(b) FPPC Filings disclosure, Elected (g) Campaign E + 5 GC81009(b) FPPC Filings disclosure, Not Elected Campaign E + 7 GC81009 FPPC Filings disclosure - Unsuccessful(all other committees) Candidate E + 4 Sample ballot retained permanently. Statements History P GC 34090 History of elections, sample ballots, certificates of destruction, other resolutions re: elections 00002.E CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association IIRecord Series Title Retention Citation Descriptor Statement of T + 7 GC 81009(e) FPPC Filings economic interest - Elected Officials Statement of E + 5 GC 81009(b) FPPC Filings economic interest - Not Elected - Lobbyist Registration P J EC 81009(b) IStatements Maps, PrecinctsNoter E + 2 GC 34090; Information EC 17501; II EC 17301 Nomination Papers Successful E + 4 EC 17100 Unsuccessful E + 2 GC 81009(b) Notifications and E + 2 GC 34090 Proof of publication or posting, Publications certification and listing of notice of posting; copy of newspaper notice and certification of offices to be voted for at forthcoming election Oaths of Office T + 6 GC34090; Elected Officials 29 USC 1113 Petitions .75 EC 17200, From date of filing or election; 17400; GC Initiative, referendum, recall, Charter 7253.5; EC Amendments 14700 + GC 3756:8 Precinct Records E + .5 EC 17503 From date of election: Precinct official material; declaration of intention, precinct board member applications, orders appointing members of precinct boards and designating polling places Includes notice of appointment of office and record of service Roster (Of Voters) E + 5 EC 17300 From date of election; Initiative, referendum recall, general municipal election, Charter Amendments Voter Affidavits CL + 5 EC 17000 000025 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association IIRecord Series Title Retention Citation Descriptor Voter Registration Signature Copy CU + 5 EC 17000 Fire, special or school district i GENERAL SUBJECT Administration P GC 34090 Biographies CU + 2 GC34090 .I Classifications and Appointments P GC 34090; GC 12946; 29 CFR 516.6(2); 29 CFR 1602.4 Includes supplemental Personnel j records. Wage rate tables 2 years. Correspondence/ Originating Department CU + 2 I GC34090(d) If not attached to agreement or project file Goals & Objectives CU + 2 GC34090 Departmental goals & objectives Policies & Procedures, Departmental S + 5 GC34090(d) Retain while current Promotional Marketing External ICU + 7 Internal 2 Reports Departmental CU + 2 GC34090 Special/or final summary, review or - evaluation Staff CU + 2 GC34090 Non -agenda related, includes supporting documentation Special Projects CU + 2 GC34090 Support Services CU + 2 GC34090 Reproduction; printing; postal/mailing services, other internal resources Travel Records CU + 2 GC34090 GRANTS Community Development Block Grant and Urban Development T + 4 GC34090; 24 CFR 570.502 24 CFR85.42" Applications, reports, contracts, supporting documents; "OMB Cir. A - 102, A-110, A-128 Federal and State CL + 5 GC34090 Refer to grant application close-out procedure *531 00002E CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Financial Records CL + 5 GC34090 Refer to grant application close-out procedure Unsuccessful CL + 2 GC34090 Applications not entitled i HUMAN RESOURCES Benefit Plan Claims P GC6250 et May include dental, disability, seq; education, health, life and vision OMB A-129 including dependent care and 29 CFR Employee Assistance 1602.30; 32; *29 CFR 1637.3; 29 USC 1027; 29 CFR Lab Rel Sec 1627.3; 29 USC 1113 1174* Benefit Plan Enrollment, CL + 4 �OMBA-128 GC34090; Denied Bond, Personnel Fidelity T + 2 GC34090 Employee Fidelity Bonds Employee Handbook S + 2 GC 34090 General employee information including benefit plans Employee Programs CL.+ 2 GC 34090; Includes EAP and Recognitions GC 12946 Employee Rights GC12946; 29 May include Arbitration, grievances, General Employees T + 2 CFR 1602; 29 union requests, sexual harassment and Safety (Police) T + 5 USC 211 (e); Civil Rights, complaints, disciplinary 203(m); actions 207(g) Hourly Employees T + 6 GC12946; *29 CFR 1627.3, Labor Relations GC34090* Section 1174 Immigrant Immigration 1-9's Reform/Con- trol Act 1986 Pub. L 99-603 :)3 ' 000027 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title "Retention Citation or Medical Leave CL + 30 FMLA 1993 May include Family leave; i US OSHA; certifications; tests; W-4's; *29 CFR 29 CFR; * 1602.30.32; 49 CFR 193-9; 1910.20 Motor Vehicle Pulls DMV CL + 7 GC12946, * *CA 91009; 8 USC 1324 a Negotiation P 29 USC Notes, notebooks, correspondence, ;I Sections contracts, and Memorandums of �! 211(c), Agreements 203(m), ;! 207( ) Non -Safety Employees T + 3 Reference: Non -safety employees may include: 29 CFR Release Authorizations; Certifications; 1627.3; Lbr Reassignments; outside employment; Rltns Sec commendations disciplinary actions; 1174; 29 CFR terminations; Oaths of Office; 1602.30.32; evaluations -pre -employee medicals; GC6250 et fingerprints; identification cards (ID's) seq; 29 CFR; *1607.4; 29 CFR 655.202; 29 CFR 516.6 GC 12946, et seq; 45 CFR 1068.6(a) 34090* Personnel Records CU + 2 GC34090; Attendance; evaluations; drafts; (copies) GC6250 worksheets; postings PERS, Social Security, SSI P 29 CFR EEOC/ADEA 1627.3(2); GC 12946, 34090 Recruitment CL + 3 Reference: Applications, resumes, alternate GC12946; lists/logs, indices; ethnicity GC6250 et disclosures; examination materials; seq; examination answer sheets, job 29 CFR 1602 bulletins; eligibility; electronic et seq database 29 CFR 1607; 49 USC 2000(e)-8; 2000(c)-12 Reports CU + 2 GC34090 Employee statistics, benefit activity; liability loss 53J 00002Is CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Safety Employees T + 5 Reference: Police, fire, emergency employees may 29 CFR include; Release Authorizations; 16273; Lbr Certifications Reassignments; outside Rltns Sec employment; commendations 1174; disciplinary actions; terminations; 29 CFR Oaths of Office; evaluations -pre 1607.4; ` employee medicals *29 CFR 1602.30.32; 29 CFR 655.202; 29 CFR 516.6 et seq; 45 CFR 1068.6(a) Surveys and Studies CU + 2 GC 12946, Includes classification, wage rates 34090; 29 CFR 516.6(2); 29 CFR 1602.14 Training Records CU + 7 GC6250 et Employee applications, volunteer Non -Safety seq program training, class training materials, internships; Personnel (by T + 7 GC34090 Paperwork documenting officers' name) internal and external training Safety CU + 2 GC34090 Certifications/designations Vehicle Mileage S + 2 GC 34090 Annual mileage reimbursement rates Reimbursement Rates INFORMATION SERVICES Internet, World Wide Web S + 2 GC34090 Management/Policies and supporting documentation Inventory, Information S + 2 GC34090 Hardware/Software Inventory logs; Systems systems manuals Network Information CU + 4 GC34090; Configuration maps and plans Systems (LAN/WAN) CCP 337.2; 343 000029 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Program Files and CU + 2 GC34090; Annual backup Directories CU + (2 GC34090.7 Daily backup mos.) CU + 1 Monthly backup CU + .5 Weekly backup Tapes Information-- CU + 2 GC34090 System Generation Systems LEGAL/ LEGISLATIVE �I Agendas CU + 2 GC34090 Original agendas and special meeting notices, including certificates of posting, original summaries, original communications and action agendas for Council, Boards and Commissions Agenda Reports (Master, CU + 2 GC34090 (d) Documentation received, created Subject Files) and/or submitted to Council Appeals, Civil CU + 3 CCP, 583.320(a)(3); GC 34090 Applications, Boards, CL + 2 GC34090 Not selected Commissions, Committees Applications, Boards, T + 5 GC34090; Selected Commissions, Committees GC40801 Articles of Incorporation P GC34090; CCP 337.2 Case Log CL + 7 CCP 337.2; From Close of cases listed; 343 Chronological listing of cases Case Records - (High V GC6254 Significant cases which have Profile) z importance/or set legal precedence. Includes logs, complaints, police reports, court orders, motions, notes, briefs Case Records- (Routine) F 42 USC s1983 Includes logs, complaints, police C-L-+2, reports, court orders, motions, notes, briefs, closing statements (unless minors - 3 years after attaining 18) �.�.00001,30 CALIFORNIA RECORDS RETENTION GUIDELINES . Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Contracts and Agreements T + 5 CCP 337.2, Includes leases, equipment, services Excl. Capital 343; or supplies Improvement B&P7042.5;* *PU7685; 48 CFR:2; GC53066 Incl. Capital P 2.08.110;* Construction ;! Improvement I*GC37090a; 4004; H&S 19850 Index, Attorney Case L GC6254 Including notations on activities related " to case Legal Advertising CU + 4 CCP 343, 349 Includes public notices, legal et seq.; publications GC 911.2; GC 34090 Logs, Attorney Service CU + 2 1 GC34090 Service request, summaries of monthly Request I requests Minutes P GC34090(d); Official minutes and .hearing GC36814; proceedings of governing body or GC40801 board, commission or committee Notices, Meeting CU + 2 GC 34090.7, Special meetings 54960.1(c)(1) Opinions S + 2 GC34090; Confidential GC6254 Ordinances P GC34090(d)4 Charter amendments; municipal code 0806 Petitions CU + 1 GC50115; Submitted to legislative bodies GC6253 Resolutions P GC34090(d) Legislative actions 40801 Tapes, Audio/Video CU + 3 GC 34090.7 When used for minute preparation and MOS. may have historical value. MUNICIPAL CLERK Assessment Districts P GC 34090 Original documentation Inventory, Records CU + 2 GC34090; 80 Inventory of non -current or inactive OPS Atty. records holdings and location, indices. Gen. 106 Japes may be recycled. Municipal Code P GC 34090 1 Supplements included I J 31 000031' CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Public Records Request CL + 2 1 GC 34090 Records Management CL + 2 GC34090 Document includes retrieval, transfers - inactive Records Management Disposition Certification P GC34090 Documentation of final disposition or records ;! Records Retention- Schedules S + 4 CCP 343 POLICIES/ PROCEDURES l General Administrative S + 2 GC34090; 40801 All city policies and procedures Policy, Council/ Proclamations S + 2 GC34090 Policies, directives rendered by Council not assigned a resolution or ordinance number PUBLIC FINANCING AURTHORITY Administration P GC 34090 Financial Records P GC 34090, 40802, 53901 .Management Reports 2 GC 34090 PUBLIC INFORMATION Brochures, publications, newsletter, bulletins S + 2 GC 34090 Calendar, City CU + 2 GC 34090 Media Relations CU + 2 GC 34090 Includes cable, newspaper, radio, message boards, presentations. RISK MANAGEMENT Accident Reports - City Assets CL + 7 29 CFR 1904.2; 29;* Reports and related records * CFR 1904.6 Bonds, Insurance P CCP 337.2; 343 Bonds and insurance policies insuring city property and other assets 0J 000032 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Claims, Damage I CL + 5 GC34090; Paid/Denied GC25105.5 Incident Reports CL + 7 29 CFR Theft, arson, vandalism, property 1904.2; 29 damage or similar occurrence CFR 1904.6 (excluding fire/law enforcement) j Insurance, ACCEL-JT P GC34090 (Authority California Cities Excess Powers Agreement Liability Insurance) — Accreditation/ MOU's/agreement/a endas Ij Insurance, Certificates P GC34090 Insurance certificates filed separately from contracts, includes insurance filed j by licensees Insurance, I P GC34090 May include liability, property, Liability/Property I Certificates of Participation, deferred, use of facilities Insurance, Workers P GC6410; Indemnity; PERS - working files - Compensation 29 CFR originals with Administrator 1910.20 Photographs, Negatives, CL + 2 GC34090 Film Risk Management Reports CL + 5 OMB 1220- Federal OSHA Forms; Loss Anal.ysis 0029; 29 Report; Safety Reports ; Actuarial CFR1904.4; Studies GC 34090 Workers Compensation P CCR 14311; Claim Files, Reports, Incidents 15400.2 (working files) originals filed with Labor Code Administrator 5405 Title 8 � j 8 1 00003;; CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record series Title Retention Citation Descriptor ADMINISTRATION Benchmark Data CU + 2 GC34090d Horizontal, vertical & control Bids & Proposals CL + 2 GC34090d (Unsuccessful) Bonds CL + 10 CCP 337.5 I Housing; Industrial Development Development Security CL + 2 GC34090 Documentation created and or received in connection with the performance of work/services for the city, or for parcel maps and subdivision work Code Books P GC34090e National Electrical Code, Uniform Building, Fire, Mechanical, Plumbing & Supplements Contractor CU + 2 GC34090d Current listing Correspondence CU + 2 GC34090d Workinq documentation Development L GC34090 Mitigation measures; filed with case files Conditions Development P CCP337, Infrastructure contracts, franchises. Agreements 337.1(a), Original maintained for 7 years. 337.15; GC34090;48 CFR 4.703 Development P GC34090a Landscape mediums, parkway Standards landscape development, public works construction Drawings, Project Plan CU + 2 GC34090d Does not include those usually filed with case or project Franchises P GC65864, Including subdivision agreements, 65869.5, contracts for sale or purchase of 34090" property, cable, grant of easements and/pr involving construction of improvements 'CCP 337.2, 343; AC16023 General Subject Files CU + 2 GC34090d Internal working files including correspondence I 53 000034 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association IRecord Series Title Retention Citation Descriptor Grants, CL + 4 24CFR Project files, contracts,- proposals, �I Community/Urban 570.502(b) statements, reports, sub -recipient Development (includes (3); 241CFR dockets, Environmental review, grant CDBG) 85.42 & documents, applications, inventory, OMB Cir. A- consolidated plan, etc. Includes Section II 110, Attach. 108 loan guarantee 'OMB Cir. A-102 & C; ' 128, HUD regulations Historic Preservation 2 GC34090d Historic structures & landmarks II Inventory Incident Files 12 GC34090d Emergency Call Outs Land Uses, P GC34090a Building or site usage which does not nonconformingI conform to current standards Logs CU + 5 Logs, registers or similar records listing permits, certificates of occupancy issued; may include inspection, building activity, daily, Ian check, utility Maps & Plats P GC34090a Engineering & field notes and profiles; cross-section of roads, streets, right-of- way, bridges; may include annexations, parks, tracts, block, storm drains, water easements, bench marks, trees, grading, landfill, fire hydrants, base maps, etc. Master Plans, Annual S + 2 GC34090 Special or tong range program plan for municipalities — coordination of services; strategic planning Permits, Construction P GC34090a; Plans, building, signs, grading, H&S19850; encroachment, including blueprints and 4003; 4004 specifications Permits, Other CL + 2 GC34090d Alterations, encroachment, excavations, road, street sidewalks & curb alterations, transportation, swimming pool,drainage, temporary uses, etc. Photographs S + 2 GC34090d Aerial photographs Projects, Not CL + 2 GC34090d Building, engineering, planning Completed or Denied 2 5 t0 000035 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Reports CU + 2 GC34090 Activity, periodic Seismic Retrofit Program P GC34090a Includes Certificates of Compliance Street Names and House Numbers P GC34090a Street dedications, closings, address assignment/chan es Studies, Special Projects & Areas CL + 2 GC34090d Engineering, joint powers, noise, i transportation Surveys P GC34090a Recording data and maps �- 4 �` 3 U �. 000036 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Re cord Series Title Retention Citation Descriptor BUILDING Blueprints, CL + 2 GC34090d Submitted by contractors with Specifications application for permit and builds for Certificate of Occupancy Certificates L GC34090a Compliance, elevation, occupancy which �I affect real property Construction P GC34090a; New commercial and residential (Approved) 4003; 4004; construction, tenant improvements room H&S 19850, additions, spa, signs, block wall, 19853 remodel including security bonds Inspection CL + 2 GC34090d Correspondence, fees, appeal requests, reports Permits P GC34909a; Plans, building, signs, grading, H&S 19850; encroachment permits 4003;4004 Signs (Temporary) S + 2 GC34090d I Home occupations, off -premise signs CODE ENFORCEMENT Abandoned Vehicles CL + 2 GC34090d Case Files CL + 2 GC34090d Building, housing and mobile home code violation records including inspections; public nuisance rubbish and weed abatement, vehicle abatement, citations, massage parlor permits, general Liens & Releases, Supporting CL + 2 GC34090 Utilities, abatement, licenses Recorded P J4 ' 4 nr►n►ii" CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Los CU + 2 GC34090d Lien Recovery, citations, complaints Regulations S + 2 GC34090d Includes rules Reports, Federal and P GC34090a Code enforcement statistics; may State contain records affecting title to real property or liens thereon Violations, Building, CL + 2 GC34090d Supporting code enforcement activity Property & Zoning ENGINEERING Capital Improvement CL + 10 CC337.15 Supporting documents including bidders Projects list, specifications, reports, plans, work orders, schedules, etc. Construction Tracking, P CC337.15 Assesses value of real property Dail Drawings, Traffic P GC34090a Signs, signing & striping, road Control Plan construction Flood Control CL + 2 GC34090d Storm Drains Special Districts P GC34090a Supporting documents re: improvement, lighting, underground utility; bonds, taxes & construction Street/Alley CL + 2 GC34090d Relinquishment of rights and fee title (Abandonment/ Vacation) Traffic Signals CL + 2 GC34090d Counts, collisions, accidents ENVIRONMENTAL QUALITY Air Quality (AGMD) CU + 7 CCP 338(k); Participants/voucher logs, Total Daily GC34090 Mileage Survey (TDM); various local authorities; Commute Alternative Asbestos P GC34090a Documents abatement projects, public buildings 5 43 nIn, ,niiiR CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor California P GC34090a + Exemptions, Environmental Impact Environmental Quality CEQA Report, Mitigation monitoring, negative Act (CEQA) Guidelines declaration, notices of completion and determination, comments, statements of overriding considerations Congestion CU + 2 GC34090d Ride sharing, trip reduction Management Environmental Review CL + 2 GC34090d Correspondence, consultants, issues, conservation Pest Control CU + 2 GC34090d Pesticide applications, inspections & sampling, documents Soil CL + 2 I GC34090d Analysis, construction recommendations ! Soil Reports P GC34090d Final Reports HOUSING ' Bonds CL + 4 CCP 337 Revenue Bond Documentation Programs CL + 3 24 CFR Includes comprehensive Housing 570.502(b)( Authority Strategy, Meeting Credit 3); 24 CFR Certificate, Housing bond advisory, j 85.42 & HOME, In -Lieu Housing Mitigation, OMB Cir. A- Low/Moderate Housing, Rental Housing 110, #C Assistance Redevelopment Budgets P GC 34090, Includes annual audit 40802, 53901 Bond Issues P GC43900 et seq. J 4 -1 00003") CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series TitleRetention Citation Descriptor MUNICIPAL FACILITIES Capital Improvements, P 2.083110; Contains records re: Planning, design, Construction GC34090a; construction, conversion or modification = 4004; H&S of local government -owned facilities, 19850; structures & systems GC34090a Facility Rentals/Use I CU + 2 GC34090 Permits, contracts, diagrams, schedules, insurance binders Maintenance & CU + 2 GC34090d Service requests, invoices, supporting Operations documentation; buildings, equipment, field engineering, public facilities including work orders and graffiti removal PLANNING Case files, Planning P GC34909a; Pertains to real property. May include and Zoning H&S 19850; blueprints, drawings, maps, plans, 4003;4004 reports, evaluations, correspondence, uses, permits, variances, studies, appeals, compliance certificates, lot line adjustments or other planning -related matters brought before legislative body Certificates L GC34090 Retain during life of structure Flood Records CU + 2 GC34090 General Plan and P GC34090 Includes sphere of influence Elements General Plan Amendments Approved CL + 2 GC34090 Denied CU + 3 GC65103; * * GC50110 Interpretations CU + 2 GC34090 nr►nimo CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Maps, Plans, Drawings, Exhibits, Photos P GC.34090; H&S 19850; GC34090.7 Zoning, tentative subdivision, parcel, land use map, aerial photos, specific plans PROPERTY Abandonment P GC34090a Buildings, Condemnation, Demolition II Acquisition/ Disposition CL + 10 GC34090a; GC6254 Supporting documents re: sale, purchase, exchange, lease or rental of property by City Annexation Case Files P GC34090a Reports, agreements, public notices Appraisals CL + 2 GC34090; GC6254(h) Exempt until final acquisition or contract agreement obtained Deeds & Promissory Notes I P GC34090a * * 24 CFR 570.502(b)(3); 24 CFR 8.42 & OMB Circ. SA-110 Maps, City Boundary P GC34090d Recorded maps, surveys, monuments Lot Split Cases P GC34090 Relocation Files CL + 2 GC34090 e.g., Redevelopment 00004i CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor ACCOUNTING Accounts Payable AU + 4 GC34090 Invoices, check copies, supporting documents Accounts Receivable AU + 4 GC 34090 Applications CL + 2 GC34090 Utility connections, disconnects, registers, service Assessment Districts P GC 34090 Collection information; Original documentation files with municipal clerk Bank Reconciliations AU + 5 GC34090; 26 CFR 16001-1 Statements, summaries for receipts, disbursements & reconciliations Billing Records AU + 2 GC34090 Customer name, service address, meter reading, usage, payments, applications/cancellations Budget J AU + 2 1 GC 34090 Budget adjustments, journal entries AU + 2 GC34090 Account transfers Checks AU + 5 GC34090; CCP 337 Includes payroll, canceled & voided checks Deposits, Receipts AU + 4 GC 34090; CCP 337 Checks, coins, currency Invoices AU + 2 GC34090 Copies sent for fees owed, billing, related documents Journals Utility Billing CU + 2 GC34090 Billing including monthly activity Ledger, General P GC34090; " " CCP 337 Voucher AU + 4 GC34090; CCP 337 Account postings with supporting documents Taxes, Receivable AU + 3 CCP338 Warrant Register AU + 2 GC 34090.7 ADMINISTRATIVE SERVICES Budget Operating (co�ies) I GC34090 Departmental Reference �4• 000042 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City Clerks' Association RecOrd 'Series 'Title. Retention Citation Descri for Budget, Proposed CU + 2 GC34090 Presented to Council Adopted P GC 34090 FIXED ASSETS Inventory AU + 4 GC34090; Reflects purchase date, cost, account 26 CFR 301 number 65-1(F) Surplus Property Auction AU + 2 GC34090 Listing of property Disposal AU + 4 GC34090; Sealed bid sales of equipment CCP 337 Vehicle Ownership & Title L VC 9900 et Title transfers when vehicle sold seq. LICENSE Business T + 4 GC34090; Paid & reports CCP 337 PAYROLL Adjustments AU + 4 GC 34090 Audit purposes 29 CFR 516.5 — 516.6 Employee Time Sheets AU + 6 GC34090; Signed by employee for audit & FEMA 29 CFR Reports 516.2* *20 CFR 516.6(1); IRS Reg. 31.6001- 1(e)(z); R&T 19530; LC 1174 d PERS Employee Deduction T + 4 GC34090; Record of deductions Reports CAC 22- (PERS Public Employee Retirement 1085-2 System) *26CFR 31.6001-1;29 CFR 516.5, 516.6, LC 1174 d Register P GC34090; Labor costs by employee & program GC37207 '1i 000043 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Salary Records T.+ 3 GC34090; 29 CFR 516.2 Deduction authorization, beneficiary designations, unemployment claims, garnishments PURCHASING Bids, RFQ's, RFD's Successful Unsuccessful AU + 4 AU + 5 CU + 2 GC34090; CCP 337; * Requests for Qualifications; Requests for Proposals regarding goods and services * GC 25105-1; GC 34090 Requisitions Purchase Orders' AU + 4 GC34090; CCP 337 Original documents Stores ICU + 2 GC34090 Com leted forms for ordering Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices, account numbers and check date REPORTS Audits P GC 34090 Deferred Compensation T + 5 GC34090; 26 CFR 16001-1* Records of employee contributions and city payments *29 CFR 1627.3(2) Federal and State Tax AU + 4 GC34090; 29USC 436 * Forms 1096, 1099, W-4's and W-2's *26 CFR 31.6001.1-4; IRS REG 31.6001- 1(e)(2);R&T 19530;29 CFR 516.5-516.6 Financial, Annual AU + 7 I GC 34090.7 Investment Transactions P GC34090; CCP 337; GC 53607 Summary of transactions, inventory & earnings report Labor Distribution AU + 2 GC34090 Costs by employee & program Meter Reading CU + 2 GC34090 State Controller P GC34090 Controller may destroy after 5 years Utility Rebates CU + 2 GC34090 J4 ) 000044 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City Clerks' Association Record .Series Title Retention Citation Descriptor TREASURER Bank Statements AU + 2 FC 3368, Financing authority 30210; GC 43900 et seq. Bonds Account Statements CL + 10 GC34090; Monthly statement of transactions. CCP 337.5 Administration CL + 10 GC34090; Supporting documents CCP 337.5 Bonds and Coupons CL + 2 GC34090; Paid/canceled 53921 0000455 CALIFORNIA RECORDS RETENTION GUIDELINES Emergency Management Final, December 1998 California City Clerks' Association lRecord Series Title Retention Citation 11 Mutual Aid, Strategic Plans (S + 2 I GC34090 Descriptor CALIFORNIA RECORDS RETENTION GUIDELINES Fire Safety Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor ADMINISTRATION Books, Fire Code S + 3 I GC34090.1 CCP 340.5 Include OPS manuals General Orders, Policies/Procedures S + 2 Inspections, Fire Prevention CL + 3 UFC 103.34 Alarm/sprinkler systems, prevention efforts Investigations, Evidence Arson P PC 799 Support prosecution resulting in homicide Investigations, Evidence Arson CL + 6 PC 800 Great bodily harm, inhabited structure or property Journals, Fire Station CU + 2 GC34090 Activities, personnel, engine company Permits, Uniform Fire Code CL + 2 GC34090 PERSONNEL Exposure T + 30 29 CFR 1910.1020 Sampling results, collection methodology, background Exposure T + 1 29 CFR 1910.1020 Laboratory reports and worksheets Medical T + 30 29 CFR 1910.1020 Medical T + 2 29 CFR 1910.1020; ' Employees less than one year *GC34090 Trainin T + 2 GC34090 Certifications/designations 00004C CALIFORNIA RECORDS RETENTION GUIDELINES Record Series Title Fire Safety Final, December 1998 California City Clerks' Association Retention Citation Descriptor PROPERTY ApparatusNehicle I CU + 2 GC34090 CCP 340.5 * Repair and Maintenance •8 CAL Code Reg. 3203 b 1 Inventory, Equipment & Supplies CU + 2 GC34090 Logs, Fire Equipment/Gear CU + 2 GC34090 REPORTS Incident I CL + 3 GC34090 CCP338 " Dispatch and daily logs "CCP 340.5 Field, Non -fire and Logs CU + 2 GC34090 Fire, Non -arson and Los CU + 2 GC34090 Investigations, Evidence Arson CL + 3 PC 801; UFC 1104.32 Structure Weed Abatement CL + 2 GC34090 Reports, assessments, resolutions, documentation CALIFORNIA RECORDS RETENTION GUIDELINES Hazardous Materials Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Hazardous Waste Disposal CU + 10 CAL OSHA; Documentation rehandling and disposal 40 CFR of hazardous waste 122.21 Permits, Hazardous Materials CU + 2 GC34090 Departments consistently recommend Storage permanent retention of environmentally sensitive materials. Programs, Household S + 2 GC34090 Hazardous Waste 000047 CALIFORNIA RECORDS RETENTION GUIDELINES Hazardous Materials Final, December 1998 California City Clerks' Association 'i Record Series Title Retention Citation Descriptor Training Materials S + 2 Cal Code " Standards and Administration I� *Reg. 3204(d), et seq. Underground Storage Tank Compliance P GC34090a Documents re: storage Maintenance & Oper. CU + 2 GC34090 Location, installation, removal, remediation I! 000048 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association ADMINISTRATION Accounting/Cash CU + 2 GC34090 Reconciliations Alarm Records CU + 2 GC34090 Claim Files CL + 6 PC 832.5 Claim copy, correspondence, photographs, supporting documents relative to incidents involving the Police Department filed by citizens !' Department Manual I S Changes to manual are recorded in !I the General Orders (permanent) Equipment T + 2 GC34090 Retained until termination of Communication equipment use; Manuals, !I instructions, procedures Inventory S + 2 GC34090 Listing of equipment assigned to division, to whom it is assigned Reports CU + 2 GC34090 Weekly/monthly/quarterly/ Activity annual activity/statistical reports by division. Retain only one form for retention period CU + 2 GC34090 Chemical Emissions Survey Response CU + 2 GC34090 Surveys, responses, correspondence Files with other agencies requesting statistical data INVESTIGATIONS Administrative/Internal CL + 5 PC 832.5 Initiated by citizens complaints or EVC 1045 internally initiated; includes GC 12946 complaint, reports, findings PC 801.5; 803(c) VC 2547 Asset Forfeiture CL + 2 GC34090 Investigations/ Proceedings Case File 000049 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Notifications CU + 2 GC34090 To legal property owner prior to case filing that property is subject to asset!' forfeiture proceedings. If case is filed, notification becomes part of forfeiture case file. Case Books, Investigative CL + 2 GC34090 Retained by division until a case is suspended/closed; transfer to !' Records Division to be filed with associated Daily Report (DR) file Case Files P PC 799 Homicide Investigator's File i Narcotics (No CL + 2 GC34090 Retained by division until no longer arrest, Narcotics useful for investigative purposes Cases) Officer Involved CL + 25 GC34090 Shootings Court CU + 1 GC34090. Printouts of daily court scheduling Daily Schedule 7 Sign -in Logs CU + 2 GC34090 Logs officers' names, time in/out for court appearances Tracking System CU + 2 GC34090 Database records subpoena number, Records officer name, case number, defendant name, district attorney name, court information disposition Evidence, Disposition Forms Attach to duplicate Property Report, file w/DR in Records Division Fingerprint T + 2 GC34090 Paperwork authorizing fingerprinting Applicants Files and background checks for city employment applicants and business license applicants Inked/Palm Cards AC + 20 Persons booked into detention facility; (Copies distributed to county, state, federal agencies) ' J' 000050 CALIFORNIA RECORDS RETENTION GUIDELINES 1 Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Records Latents Approp. 1) Retain for applicable case statute j. PC of limitation; 2) or until evidence in Section case is destroyed; Hard copy and digitized Suspect, CL Law Adults/juveniles suspected of a Adult/Juvenile Enforce- crime, taken for comparison. Destroy ment after original purpose achieved Manage- ment Guide by POST Guns, Dealers Record of Sale CU + 6 PC 12070 Applicants, Monthly Gun Audits, Applications Denied, Stolen (DOJ File) Informant Files T + 10 Legal notifications, identification information, payment information, activities information Jail CU + 6 GC34090 Daily report of staffing, Daily Logs bookings/releases, transfers, transportation Inmate Record Dependent on facility's classification; see Laws and Guidelines for Local Detention Facilities by Board of Corrections (State of California) Inspection Files CL + 6 j Inspections by various agencies Surveys CL + 2 GC34090 Prepared quarterly, forwarded to State Board of Corrections Licenses CU + 2 GC34090 Bicycle Bingo, Mace CU + 2 GC34090 Business License T + 1 GC34090 Review Board Administrative Files JJ() 000051 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title' Retention Citation Descriptor Duplicate (Pink), CU + 2 GC34090 Original to licensee, Blue duplicate to Secondhand Dealer, DOJ; Pink duplicate retained by Pawn Brokers agency; renewals issued annually by local agency Logs S Auto Theft Case Assignment ICU + 1 Daily ( CU + 2 GC34090 Activity Officer I CU + 2 GC34090 Daily activity of incidents not reported by use of official report Report ICU + 2 GC34090 Report numbers, type, names, dates Summary I retained for research value Investigative (Pre- I CL + 10 GC34090 Retained by division until cases are Arrest suspended and closed Juvenile Detention CU + 2 GC34090 Logs document juvenile processing per CYA Property Control CU + 2 GC34090 Logs items coming into and going out of property room Rap Sheet CL + 2 GC34090 Requests for criminal history Subpoena ICU + 2 GC34090 Subpoenas received/served daily Pawn Slips/Tickets CU + 3 B & P 21628 Photographs Crime Scene, Registrant/Applicant, Photo file, Accident. Retain according to practical and functional association. Daily Report T GC34090 Assigned DR number, retained as (Negatives) form of evidence, destroyed at same time evidence for associated case is destroyed Inmates CU + 20 By Prisoner number (Negatives) CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Registration Files, Arson, Life of Fingerprint Card, photo, information Sex and Narcotics regis- also forwarded to DOJ trant within juris- diction Arrest/Conviction H&S 2 (Man- H&S Applicable to convictions occurring Section 11357 (b), (c), (d), (e) datory 11361.5 after January 1, 1996 or arrests not or H&S Section 11360 (b) destruc- followed by a conviction occurring violations (Occurring after tion from after January 1, 1996; Exception: January 1, 1996) date of H&S 11357(e), the record shall be li convic- retained until a juvenile offender tion or attains the age of 18 years, then date of destroyed pursuant to 11361.5 arrest with no , convic- tion) Arrest/Conviction Man- H&S Applicable to convictions occurring H&S Section 11357(b), (c), datory 11361.5 prior to January 1, 1996 or arrests (d), (e) or H&S Section 11360 Destruc- (c) not followed by a conviction (b) violations (Occurring tion occurring prior to January 1, 1996 for before January 1, 1996) (Upon violations of H&S Code 11357, 11364, notice 11365 and 11550 from Depart- ment of Justice) Crime See PC 800 Prosecution for an offense punishable Felony Crimes With descriptor PC 801 by imprisonment in state prison for eight Or Without Arrests years or more must commence within 6 years after offense commission. Commencement of prosecution defined in PC 804. Exception: See PC 803 - Tolling/Extension of time periods; Appeals process and "Three Strikes" also considerations in assigning retention. �` 000053 CALIFORNIA RECORDS RETENTION GUIDELINES Lave Enforcement Final, December 1998 California City Clerks' Association Misdemeanor/ CL + 2 GC34090 I No arrests, identifiable property or ;. Infractions missing persons (See: Note 1) Supplemental, P PC 799 No statutory limitation for Felony Capital prosecution. Includes Murder, Crimes, Crimes kidnapping for ransom, treason, Punishable by Death, procuring execution by perjury, train Life Imprisonment wrecking, assault with a deadly I� weapon by a life -term prisoner, bombing resulting in death or bodily injury, making defective war I� materials that cause death Destruction P Guns Narcotics P (� Disposition of Arrest/Court Retention determined by action Action taken; i.e., recordable arrest or detention released no arrest) False Alarm (Duplicate) CU + 2 GC34090 j Non -Criminal Occurrences CU + 2 GC34090 Injured or sick persons; missing persons where person has been returned; traffic collision reports not used as the basis for criminal char es Property Original Until case Copy retained in records case file; is adjudi- Refer to Managing Property in Law cated/ Enforcement Agencies (By POST) disposi- tion deter- mined Range Inventory S + 2 GC34090 Quarterly reports of inventories of weapons and ammunition held by Department Range :''''� 000054 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Reports CU + 2 GC34090 Arrest & Citation Register; Arson Offenses; Crimes Against Senior Citizens; Death in Custody; Domestic Violence; FBI Include Return A/Supp; Hate Crime Incidents; Y Homicide Reports, Supp.; Officers Killed or Assaulted; Original to FBI - DOJ; Uniform Crime Reports Statistical (Crime Analysis) CU + 2 GC34090 Internally generated information using activity logs, citizen calls, current and past crime statistic reports, finance dept expenditure and budget records; citations, crime reports, accident reports, permits, receipts. Reports created for variety of purposes including increases/decreases in criminal activity; officer workload, deployment, time usage Statistical (UCR), Uniform Crime CU + 2 GC34090 Originals sent to FBI, DOJ Reports Mandatory to DOJ (LEIC); FBI Include Return A/Supplement; Supplementary Homicide Report; Law Enforcement Officers Killed or Assaulted; Monthly Return of Arson Offenses Know to Law Enforcement; Number of Violent Crimes Committed Against Senior Citizens; Monthly Report of Domestic violence Related Calls for Assistance; Monthly Arrest and Citation Register; Monthly Hate Crimes Incidents; Death In Custody Reporting. Research Project Files CL + 2 GC34090 May include request forms, background materials, staff reports, final project reports and supporting data "�� 000055 CALIFORNIA RECORDS RETENTION GUIDELINES Laver Enforcement Final, December 1998 California City Clerks' Association : Record Series TitleRetention Citation Descriptor Sealed Manda- PC 851.8 General provision: Upon petition, Adult Found Factually Innocent tory Destruc- records of agency must be sealed and destroyed in accordance with the, tion Upon provisions set by court record; and exceptions. Pursu-ant r -- to Court Order Juvenile Manda- WIC 826 Upon petition, local laws tory (a) & (b) enforcement records within WIC Destruc- WIC 781 826(b) may be destroyed as ordered tion upon (a) by the court, if related probation and and juvenile court records have been pursu-ant destroyed by the probation officer. to court Records involving arrests, detention order and/or petitioning juvenile before juvenile court Subpoenas (Duplicate) jCU + 2 GC34090 Tapes CU + 180 GC34090. Exception: Recordings used as Audio, Telephone days 6 evidence in a criminal prosecution or and Radio claim filed or litigation or potential Communications claims and litigation shall be preserved for 100 days after conclusion of the court action Surveillance/Security CU + 13 GC34090. Video (Jail) mos. ( 6 Use of Force Supervisory CU + 2 GC34090 Includes review forms, arrest report Review Files copies, logs Warrants Recall Recommended by the California Law Felony after 10 Enforcement Warrant Officer's years. Association Excep- tion: Murder/ Escape ; ; I 000056 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Misdemeanor Recall Recommended by the California Law i Criminal after 5 Enforcement Warrant Officer's years Association Served CU Includes Warrant Service Information Card, alpha index card Unserved (Local) Until served, recalled or purged p it PATROL Cards CU + 2 GC34090 Dispatch Field Interview CL + 2 GC34090 Citations CL + 2 11361.5 11357(e), Juvenile H&S 11357b H&S, 11357c CL + 2 11361.5 *CA Admin Code, Chapter 1, Title II, H&S, 11360b H&S H&S* Sec. 708 Violations Cite and Release CL + 2 GC34090 California Vehicle CU + 90 GC34090 Original is forwarded to court. Code Infractions days (Duplicates) Parking/Traffic, CU + 2 GC34090. Originals are forwarded to court after Duplicates 7 agency processing; includes citations electronically created Transmittals CU + 2 GC34090 Listing of citations forwarded to court, filed for reference Equipment CU + 2 GC34090 Documents problems, malfunctions, Radio Logs resolution to provide equipment (Communication) performance history General Orders P Patrol Requests CU + 2 GC34090 From citizens for patrol presence (Correspondence) Radar Calibration Records T + 2 GC34090 Documentation of Radar instruments retained during use/ownership 000057 CALIFORNIA RECORDS RETENTION GUIDCLINcZ-3) Law Enforcement Final, December 1998 California City Clerks' Association IIRecord Series Title Retention Citation Descriptor Reports I CL + 2 GC34090 Non -Jury Accident Traffic Collision P j Fatalities Uniform Vouchers CU + 2 GC34090 Authorize purchase (by name Vehicle S Record of assignments I' Assignment Reports Down Reports CU + 1 Printouts reporting which vehicles are down for repair, maintenance, etc. Repossession/Private CU + 2 GC34090 Impounds- Service Schedules Is GC34090 I II Vests, Bulletproof Letters ICU + 2 GC34090 Authorization to purchase Warrants Recall Recommended by the California Law Parking after 1 Enforcement Warrant Officer's year Association Traffic Recall Recommended by the California Law after 5 Enforcement Warrant Officer's years Association Weapons, Database P Departmentally -owned weapons, personal weapons, alternate weapons, secondary handguns; produces inventory reports SERVICES Chemicals/Film Inventories IS Equipment T Inventory/Sign-out Cards- Photo Lab Operations Files - T Retain until equipment no longer Photo Lab owned/used by department; Manuals, instructions, procedures for use/operations of photographic equipment �6"1 000058 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Grievance Files CL + 2 I GC34090 I Grievance filed by employees, i supporting documentation Investigations, CL + 2 GC34090 Non hired j Background Background Hired P I Include original reports' re: PC 832.5 investigations Parades & Special CL + 2 GC34090 Reports, memos, correspondence, Events File scripts, supplier information, assignments, deployments, supporting documentation Permits L + 2 GC34090 Approval process I Alcoholic Beverage j Control License Concealed Weapons L + C + 2 GC34090 Photographs S + 2 GC34090 Personnel . Negative Log CU + 2 GC34090 Negatives, Misc. CU + 2 GC34090 Not case -related (Public relations, promotions, events, ceremonies, staff photos) Press Releases CU + 2 GC34090 Press, Video Programs CU + 2 GC34090 Collection of videos of programs and (Community Relations) events; outside press coverage of department Property Files CU + 2 GC34090 Original reports and supplemental documentation (Lost, Found, Safekeeping) j Property, Pawn CU + 2 GC34090 Sales, slips. Dealer required to file Broker/Secondhand duplicate with agency Reports CU + 6 GC34090. Original maintained by DOJ. Dealer Dealer of Gun Sales, mos. 7 required to file duplicate with agency Duplicate 000059 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Restraining Orders, CU Destroy after law enforcement Emergency Protective (see actions described in PC 273.5, 273.6, Orders, Temporary descriptor) 646.9, 12028.5, 13700 and Family Restraining Orders, Legal Code Sections 6380-6383 are fulfilled Stipulations, Orders After and effective date of restraining Hearing order has expired. Rosters (Divisional) J S + 2 GC34090 I Personnel assigned to division. Schedules CU + 2 GC34090 Schedules of Officers on duty Dail Watch Assignment/ CU + 2 GC34090 Timekeeping Records Speaker Requests CU + 2 GC34090 Community and business requests I for public appearances, speakers Tests, Densitometer Results T + 2 GC34090 Daily tests of development (Photo Lab) chemicals/processes for quality control. Training P Bulletins Event Files CU + 2 GC34090 Correspondence, brochures, promotional materials, info on speakers, guests, supporting documents Lesson Plans, Range CL + 15 I Scope, content, time period of courses Personnel (by name) T + 7 GC34090 Paperwork documenting officers' internal and external training Schedules, Range CU + 2 GC34090 Daily, weekly, monthly schedules of training events at range Volunteer Card Files T + 2 GC34090 Volunteers' identification, contact information 000060 CALIFORNIA RECORDS RETENTION GUIDELINES Lave Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Note 1: The destruction of felony, misdemeanor and infraction Crime/Supplemental Reports is permitted providing: 1. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations; 2. They do not relate to unserved warrants; 3. They do not involve identifiable items which have not been recovered; 4. They do not relate to PC 290, PC 457.1, or H&S 11590 registrants; 5. They do not relate to violations listed in PC Sections 799 and 800; 6. The cases are not presently involved in either a civil or criminal litigation. 000061 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor PARKS Agendas, Board CU + 2 GC34090 Grants (refer to Admin.) - i I Inventory, Equipment AU + 2 GC34090 I Warranties, purchase orders Landscape CU + 2 GC34090 Drawings, contracts, complaints, i specifications, photos, reports Maintenance/ Operations CU + 2 GC34090 Includes worst orders, inspection, repairs, l cleaning, reports, complaints Maps P I GC34090 Irrigation, plot plans Minutes, Board P GC34090 I Photographs S + 2 GC34090 Plans, Proposed CU + 2 GC34090 Future plans, new sites, expansions Policies and Procedures S + 2 GC34090 Includes rules and regulations Railroad Right-of-way CL + 3 36 CFR 64.11 Land acquisitions, correspondence, improvements, statutory records Reports Accident CL + 2 GC34090 Patrons, employees Others CL + 2 GC34090 Studies CL + 2 GC34090 Future sites, expansions Resolutions, Board P GC34090 Schedules, Class & CU + 2 GC34090 Enrollment, liability releases, evaluations, J6 Ou606 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor SANITATION/ SOLID WASTE/ WASTEWATER Collections/Landfill CU + 2 GC34090 I Daily records, usage i Facilities CU + 2 GC34090 Correspondence, maps, patron list History, Sanitation P GC34090 Where City -owned Incineration Plants, Sludge CU + 2 40 CFR 61.54 Sludge, sampling, charging rate to measure mercury content Incinerator Operations, Treatment Plant CU + 2 40 CFR 60.153 Gas flow through wet scrubbing, oxygen content of exhaust gas, sludge rate, temperatures, fuel flow, total solids and volatile solids Maintenance and Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Maps, Septic Tank P GC34090 Location maps Rates CU + 2 GC34090 Recycling Programs S + 2 GC34090 Regulations S + 2 GC34090 Includes legislation 2 000063 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Reports Studies CL + 2 GC34090 Tonnage _ CU + 2 GC34090 A i STREETS/ALLEYS Abandonments/ Vacations P j GC34090 Closures P GC34090 Easements, Dedications, Rights - of -Way P GC34090 Field Books P GC34090 Grants (see Admin.) Intersection Records CU + 2 GC34090 Includes correspondence, volume counts, accident history Inventory, Traffic Control Device S + 2 GC34090 Signs, lights Landscaping CU + 2 GC34090 Plants, tree maintenance, work orders Lighting CU + 2 GC34090 Maintenance, work orders Maintenance/ Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints, signals, striping 6) 3 0Gj0064 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Maps P GC34090 Fire hydrants, lighting districts, wheel chair ramps, storm drains, streets, sidewalks, sewers Master Plans CU + 2 GC34090 Copies Parking 7— Lots CU + 2 GC34090 Regulations S + 2 GC34090 Reports/Studies CL + 2 I GC34090 Permits I 1 Encroachment P GC34090 , Improvement CL + 2 GC34090 May include curbs, sidewalks; Applications for excavation, fill, alterations Oversize Load CL + 2 GC34090 Parking CL + 2 GC34090 Residential Paving CL + 2 GC34090 Use (Temporary) CU + 2 GC34090 Includes Special Events Photographs S + 2 GC34090 Includes aerials Plans, Capital Improvement, Projects P GC34090 Streets, curbs, gutters, sidewalks, storm drains 4 000067) CALIFORNIA RECORDS RETENTION GUIDELINES Public. Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Procedures Naming and P GC34090 numbering Speed Limits S + 2 GC34090 Programs Federal Aid CL + 3 23 CFR Urban 633 (a) & (c) Traffic Safety S + 2 GC34090 Drivers Education, Pedestrian Safety, Bicycle Lanes Reports Bridges & L GC34090 Life of structure Overpasses Inspection CU + 2 GC34090 Includes intersection, sidewalks. Bridges and Overpasses, keep life of structure Studies CL + 2 GC34090. Traffic volume, accident history, requests, statistics, drawings supporting traffic devices Traffic Count CL + 2 GC34090 Evaluation of traffic volume Vehicle CL + 2 GC34090 Accident Routes, School Bus & S + 2 GC34090 Truck routes, access ramps, rest areas Truck Signage L + 2 GC34090 Log books, index register cards, inventory lists, records of traffic signs 5'l1 000066 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Traffic Signals L Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing and maintenance. Weigh Scales S + 2 GC34090 ! UTILITIES Facilities T + 2 GC34090 If city owned Gas & Electric Rates S + 2 I GC34090 Underground P GC34090 I GC4003, GC4004; H&S 19850 I f WATER Billing/Customer Records CU + 2 GC34090 Billings, correspondence, complaints. Connection Records P GC34090 Maps, water line connections Flood Control Drainage Facilities P GC34090 Includes dams, lakes, basins, creeks Flood Zones P GC34090 Includes flood maps Insurance Programs S + 2 GC34090 Includes copies of policies, rules, programs Policies/ Procedures S + 2 GC34090 Rules and Regulations Reports/ Studies CL + 2 GC34090 6 O00067 CALIFORNIA .RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Grants (see Admin.) Inventory, Equipment CU + 2 GC34090 Locations P GC34090 Mains, valves, hydrants, wells Maintenance and CU + 2 GC34090 Includes work orders, inspection, repairs, Operations cleaning, reports, complaints i Service CU + 2 GC34090 Includes work orders, entry cards, manholes, service to property owners Well & CU + 2 GC34090 Times operational, power used and Pumping quantity Maps I P GC34090 Line location; easements Master Plans CU + 2 GC34090 I Copies Meter Operations CU + 2 GC34090 Reader reports, orders, tests Maintenance Reports Permits National P 40 CFR Municipalities of 100,000/more, compliance Pollutant 122.28 with Clean Water Act re: pollutants Discharge Elimination System NPDES) Others CU + 2 GC34090 May depend on terms of state or federal agency Policies and S + 2 GC34090 Includes rules and regulations Procedures Rates S + 2 GC34090 7 J(J 000069 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Reclamation CU + 5 40 CFR Daily operations including sewage flow, 122.41 grit removal, chlorine usage, lab analysis results, etc. Reports Conservation CU + 2 GC34090 Consumption CU + 2 GC34090 Corrosion CU + 12 40 CFR Compliance documentation Control 141.91 Discharge CU + 5 40 CFR Average amount of pollution discharged Monitoring 122.41 into waters of municipality. Drinking CU + 10 40 CFR Water 141.33 Corrections Hydrograph P GC34090 Daily flow of streams Lead - CU + 12 40 CFR Compliance documentation Service Line 141.91 Public CU + 12 40 CFR Compliance documentation Education 141.91 Quality CU + 12 40 CFR Compliance documentation Parameters 141.91 Sanitary CU + 10 40 CFR Statistics, reports, correspondence Surveys 141.33 Source CU + 12 40 CFR Compliance documentation, e.g. lead & Water 141.91 copper State CU + 12 40 CFR Compliance documentation Certification 141.91 �.) 8 OCIO0691 CALIFORNIA RECORDS RETENTION GUIDELINE Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Variances, CU + 5 40 CFR Water 141.33 System Well Level CU + 2 GC34090 7—, Sources CU + 2 GC34090 I May include wells, rivers, lakes, districts i Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations j Surveys, Water System CU + 10 40 CFR Statistics, reports, correspondence Sanitary 141.33 ! Tests Bacteriological CU + 5 40 CFR Compliance records include location, date, Analysis 141.33 method and results; corrections,. analysis of bacterial content Chemical CU + 10 40 CFR Compliance records include location, date, Analysis 141.33 method used and results; corrections, analysis of chemical content Quality CU + 12 40 CFR Compliance documentation including 141.91 sampling data, analysis, reports, surveys, documents, evaluation, schedules, valves, etc. Valve Main Records P GC34090 Violations, Drinking CU + 3 40 CFR Retention applies to each violation Water 141.33 5 '( ,i 9 O00070 CALIFORNIA RECORDS RETENTION GUIDELINES Transportation Final, December 1998 California City Clerks' Association. Record Series Title Retention Citation Descriptor ADMINISTRATION Agreements T + 4 CCP 337 Including concessionaire, slip rental, II facility storage Applications T + 2 GC34090 Payment invoices, inventory listings, billing �I Aircraft Storage correspondence and other related Parking documents Slip Rentals Special Events CU + 2 GC34090 Permits, correspondence, related documents re use of rights of way Fueling A + 3 CCP 337 Meter readings, fuel consumption reports, invoices, receipts and records pertaining to -refueling operations Hazardous Waste CU + 10 CAL Documentation re: the handling and Disposal OSHA; disposal of hazardous waste 40 CFR 122.21 Inventory, Equipment L + 2 Includes vehicles, aircraft, vessels and Parts & Supplies related documents re repairs Inventory, Vehicle L + 2 Owner's manual, warranty documents, Ownership and Title Department of Motor Vehicle title and registration, and related documents Licenses, Permits CU + 2 Forms, related documentation re: licenses and permits required by federal and state agencies Maintenance/ L + 2 GC34090 Related to requests for service and work Operations orders for fuel, vehicle and equipment maintenance and repairs Jr 0000'71 CALIFORNIA RECORDS RETENTION GUIDELINES Transportation Final, December 1998 California City Clerks' Association Record 'Series Title Retention Citation Descriptor Report, Accident CU + 2 GC34090 Memos and working documents (Copies) Vehicle Assignment CU + 2 GC34090 Log books, request forms, lists AIRPORT Airport Certification P 14 CFR Federal Aviation Administration (FAA) 139.207b required manuals & 171.13- 171.213 Airport Noise CU + 10 Correspondence, studies, memos, reports, Monitoring and log books, documents related to Complaint assessment of noise levels at airports and resolution of complaints Inspection, Runway CU + 10 Maintenance including Inspection reports, work orders and related records Inspection, Safety Self CU + 2 CFR Safety inspection and related document 139.327 include reviews and analysis of all aspects of airport operation Maintenance, FAA P 14 CFR Forms and reports required by FAA 171.13 - including Forms FAA-198, -418,-6030-1, - 171.213 6790-4 Reports Accident and CL + 8 Accidents, injuries, property damages, Incident general conditions re pilot and aircraft (Aircraft) Airport P Annual and special reports to federal and Operational state regulatory agencies. (Regulatory) 2 00007^ CALIFORNIA RECORDS RETENTION GUIDELINES Transportation Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Airport CU + 2 Logs, statistical summaries; administrative Operational records (Administrative) NOTAM (Notice CU + 3 u Reports re: conditions affecting airport to Airmen) maintenance/operations I GROUND TRANSPORTATION I Auto for Hire ( T + 4 I GC34090 License, permits for Taxicabs, shuttles, etc i HARBOR Registers, Transient A + 3 Reservation applications, receipts, and Vessel Reservation index registers relating to boats in transit, temporarily moored Slip Rental Index CU + 5 Annual and periodic reports of slip renters Slip Rental Permits CL + 2 Applications, statement of rental conditions, vessel inspection check sheets, copy of DMV registration, boat owner information, and other documents re: dock slip spaces Slip Rental Waiting CU + 2 List 3 00007;? T4ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of an Amendment to Section 2.08 STUDY SESSION: of the La Quinta Charter and Municipal Code PUBLIC HEARING: Relative to City Manager and Section 2.10 Relative to City Clerk RECOMMENDATION: Amend Chapter 2.08 City Manager and Chapter 2.10 City Clerk of the La Quinta Charter and Municipal Code to be effective September 15, 1999. A.) Motion to take up Ordinance No. by title and number only and waive further reading. B.) Motion to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: The revisions to the Municipal Code reflect changes in the reporting relationship of the City Clerk. Staff is recommending a concurrent reduction in range for the City Clerk's position elsewhere on this agenda that if approved, would result in a salary savings to the City. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to Chapters 2.08 and 2.10 of the Charter and Municip•.i Code, the City Clerk reports directly to the City Council. By amending the City Charter and Municipal Code, this will change the reporting relationship to the City Manager. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend Chapter 2.08 City Manager and Chapter 2.10 City Clerk of the La Quinta Charter and Municipal Code effective September 15, 1999; or 2. Do not amend Chapter 2.08 City Manager and Chapter 2.10 City Clerk of the La Quinta Charter and Municipal Code effective September 15, 1 999; or 3. Provide staff with alternative direction. Respectfully submitted, 2y1/ Jn Ruiz, Per n el isk Manager Approved for submission by: Thomas P. Genovese, City Manager - Attachments: 1 . Redline copy of Chapter 2.08 City Manager and Chapter 2.10 City Clerk of the La Quinta Charter and Municipal Code 002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.08 (CITY MANAGER) AND CHAPTER 2.10 (CITY CLERK) WHEREAS, Section 2.08.060 and 2.08.080 of Chapter 2.08 and Section 2.10.030 of Chapter 2.10 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") City Manager and City Clerk; and WHEREAS, the City will change the reporting relationship of the City Clerk from the City Council to the City Manager; and WHEREAS, the City will realize a salary savings from this change in reporting relationship; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. AMEND CHAPTER 2.08 CITY MANAGER OF THE CODE AS FOLLOWS: Delete from 2.08.060 Powers and Duties, section B the following: "and city clerk." The amended section reads as follows: B. Appoint, remove, promote, and demote any and all officers and employees of the city except elective officers and the city attorney, subject to all applicable rules and regulations which may be adopted by the city council; Section 2. Delete from 2.08.080 Departmental cooperation the following: " and city clerk" The amended section reads as follows: 31 003 It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. Section 3. AMEND CHAPTER 2.10 CITY CLERK OF THE CODE AS FOLLOWS: Delete from 2.10.030 Functions, section B6 the following: " in conjunction with the city manager." The amended sections reads as follows: B6. Prepare the council agenda Section 4. Delete from 2.10.030 Functions, section B9 the following: "advertising" and replace with "noticing." The amended section reads as follows: 9. Be responsible for the publication of all the official noticing of the city; Section 5. Delete from 2.10.030 Functions, section 12 the following: "council" and replace with "manager" The amended section reads as follows: 12. Perform such other duties consistent with this code as may be required of the city clerk, by the city manager. 004 Chapter 2.08 ATTACHMENT 1 CITY MANAGER Sections: 2.08.010 Office created —Term. 2.08.020 Eligibility. 2.08.030 Compensation. 2.08.040 Expense reimbursement. 2.08.050 Designation of acting city manager. 2.08.060 Powers and duties. 2.08.070 Relations with council. 2.08.080 Departmental cooperation. 2.08.090 Attendance at commission meetings. 2.08.100 Removal —Method —Notice. 2.08.110 Removal —Hearing. 2.08.120 Removal —Suspension pending hearing. 2.08.130 Removal —Council discretion. 2.08.140 Removal —Limitation. 2.08.150 Wilful misconduct —Determination. 2.08.160 Wilful misconduct —Defined. 2.08.170 Agreements with council. 2.08.010 Office created —Term. The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of administrative and executive ability and qualifications. The city manager shall hold office for and during the pleasure of the city council. (Ord. 2 § 1 (part), 1982) 2.08.020 Eligibility. No member of the city council shall be eligible for appointment as city manager until one year has elapsed after the council member has ceased to be a member of the city council. (Ord. 2 § 1 (part), 1982) 2.08.030 Compensation. The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate. (Ord. 2 § 1 (part), 1982) 2.08.040 Expense reimbursement. The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties, including those incurred when traveling on business pertaining to the city. (Ord. 2 § 1 (part), 1982) 2.08.050 Designation of acting city manager. The assistant city manager shall serve as manager pro tempore during any temporary a} yence or disability of the cite manaf, ,r. In the event there is no assistant city manager to so act, the city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The city counc=: may appoint an acting city manager. (Ord. 2 § I (part), 1982) 2.08.060 Powers and duties. The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition (La Quinta 5-98) 18-2 V V � 06 —.ua.wv to his general powers as administrative head, and not as a limitation thereon, he shall be expected to, and shall have the power to: A. Enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed; AN Appoint, remove, promote and demote any and all officers and employees of the city except elective officers, the city attorney and -sit sle, subject to all applicable personnel rules and regulations which may he adopted by the city council; C. Control, order and give directions to all department heads who are subject to his appointment and removal authority, and to subordinate officers and employees of the city under his jurisdiction through their department heads; D. Conduct studies and effect such organization and reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business; E. Recommend to the city council for adoption such measures and ordinances as he deems necessary; F. Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his removal is under consideration; G. Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval; H. Direct and supervise all the purchasing activities of the city; 1. Keep the city council at all time fully advised as to the financial condition and needs of the city; J. Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city; and further, to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city; K. Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council; L. Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action; and M. Perform such other responsibilities and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council. (Ord. 196 § 1, 1991; Ord, 2 § I (Pari), 1982) 2.08.070 Relations with council. The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. For purposes of this section, "inquiry" means any and all commurucations short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any councilmember. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilman shall give any orders or instructions to the city manager. The city council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the city council. The city council may not ,-verrule, change or modify anv such action. determination or omission except by the affirmative vote of a�_ least three mew'ers of tte city council. (Ord. 2 § I (part), 1982) _ 2.08.080 Departmental cooperation. It shall he the duty of all subordinate officers and the city attorney and Gity cWF:ikto assist the city manager in admiustering the affairs of the city efficiently, economically and harmoniously. (Ord. 2 § 1 (part), 1982) 2.08.090 Attendance at commission meetings. The city manager may attend any and all meetings of the planning commission, and any other commission, hoard or committee created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends. he shall be heard by such commissions, boards or committees 19 (La Quinu 3-93) ;) rJ 0'7 2.08.090 as to all matters upon which he wishes to address the members thereof. He shall inform such members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the city council. (Ord. 2 § 1 (part), 1982) 2.08.100 Removal —Method —Notice. The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted. convened in a regular council meeting, subject, however, to the provisions of Sections 2.08.110 through 2.08.160. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor at least thirty days before the effective date of his removal. (Ord. 2 § 1 (part), 1982) 2.08.110 Removal —Hearing. Within seven days after the delivery to the city manager of the notice required in Section 2.08.100, he may, by written notification to the city clerk, request a hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty -day period, at which the city manager shall appear and be heard, with or without counsel. (Ord. 2 § 1 (part), 1982) 2.08.120 Removal —Suspension pending hearing. After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty. but his compensation shall continue until his removal by resolution of the council passed subsequent to the hearing described in Section 2.08.110. (Ord. 2 § I (part), 1982) 2.08.130 Removal --Council discretion. In removing the city manager, except as provided in Section 2.08.150, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his grounds of opposition to his removal prior to its action. (Ord. 2 § 1 (part), 1982) 2.08.140 Removal —Limitation. Notwithstanding the provisions of Sections 2.08.100 through 2.08.130, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly -elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the ninety -day period aforementioned, the provisions of Sections 2.08.100 through 2.08.130 as to the removal of the city manager shall apply and be effective. (Ord. 2 § 1 (part), 1982) 2.08.150 Wilful misconduct —Determination. In the event the intended removal of the city manager is for wilful misconduct in office, written notice to the city manager as provided in Section 2.08.100 shall state that the reason for removal is wilful misconduct in office and shall state specific facts which constitute. such wilful misconduct. The procedure for hearing and or suspension pending hearipp shall be followed as stated in Sections 2.08.100 through 2.08.140. A determination of wilful misconduct in office shall he evidenced by specific findings of facts constituting such wilful misconduct. The determination of what constitutes wilful misconduct shall be within the sole discretion of the city council; provided, that it shall relate to the welfare of the city. (Ord. 2 § I (part), 1982) 2.08.160 Wilful misconduct —Defined. Wilful misconduct includes conduct directly related to conduct in office and directly related to the duties of the office. It includes the refusal to follow the lawful directions of the city council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the city. Evidence of such direct and harmful effect includes but is not limited to, conviction of a felony. (Ord. 2 § I (part), 1982) CU Q=u 3-93, 20 �».008 2.08.17u 2.0&170 Agreements with council. Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. (Ord. 2 § 1 (part), 1982) 21 ti QuacLa 3.93) M 2.10.010 Chapter 2.10 CITY CLERK Sections: 2.10.010 Authority for office. 2.10.020 Compensation. 2.10.030 Functions. 2.10.010 Authority for office. The office of the city clerk is established pursuant to Section 36501 of the Government Code. (Ord. 2 § 1 (part), 1982) 2.10.020 Compensation. The city cleric shall receive such compensation and expense allowance as the city council from time to time determines, and such compensation shall be a proper charge against such funds of the city as the city council designates. (Ord. 2 § 1 (part), 1982) 2.10.030 Functions. A. The city clerk shall have all of the powers, duties and responsibilities granted to and imposed upon the office of the city clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the state, other general laws of the state, the provisions of this code, and the ordinances and resolutions of the city council; provided, however, pursuant to the provisions of Section 40805.5 of the Government Code, the financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 of the Government Code shall be performed by the director of finance and general services. B. The principal functions of the city clerk shall be to: 1. Attend all meetings of the city council and he responsible for the recording and maintaining of a record of all the actions of the council; 2. Keep all ordinances and resolutions of the council in such a manner that the information contained therein will he readily accessible and open to the public. The city clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication. that the ordinance has been published or posted in accordance with law; 3. Keep all records of the council and of the office of the city clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may he destroyed, or reproduced and the original destroyed, in accordance with state law; 4. Serve as the official custodian of all city records; 5. Be the custodian of the seal of the city; 6. Prepare the council agendas.''^ cnninnrtin i ;yith the, city mannne,n, 7. Perform the duties prescribed by the Elections Code of the state in conducting municipal elections; 8. Perform the duties imposed upon city clerks by the California Political Reform Act; 9. Be responsible for the publication of all the official e city; /Vvf'; ci/V 10. Be responsible for the maintenance and distribution of the municipal code; C7 —N. Pr -cess all claims filed againgt-the city and its officers, agents, or employees, pursuant to the provisions of Chapter I of Part 3 of Division 3 of Title 1 of the Jovernment- Code of the state and Chapter 3.16 of this code: and 12. Perform such other duties consistent with this code as may be required of the city clerk, by the city eau;tzl, (Ord. 196 § 2, 1991; Ord. 2 § I (part), 1982) MAMA3 riz n� utnma 3-931 22 Jar 010 REPORT/INFORMATIONAL ITEM: CULTURAL ARTS COMMISSION MINUTES June 10, 1999 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Hull presided over the meeting. Commissioner Shamis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Susan Benay Commissioner Kathryn Hull (Chairperson) Commissioner Elaine Reynolds Commissioner Rosita Shamis (Vice Chairperson) Commissioner Patrick Welch MEMBERS ABSENT: Commissioner Charrie Chappie STAFF PRESENT: Dodie Horvitz, Community Services Director Cristal Spidell, Secretary It was moved by Commissioner Shamis/Welch to excuse Commissioner Chappie from the meeting because she is out of town. Unanimous. II. PUBLIC COMMENT Tom McGraw, La Quinta resident and artist, presented ceramic tile art work to the Commission. Mr. McGraw also does art work with metal, and he wanted the Commission to see some of his work and hoped the Commission would take La Quinta artists into consideration when choosing artists for projects in La Quinta in the future. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of May 13, 1999 B. Art in Public Places Financial Report for May 1999 It was moved by Commissioner Welch/Reynolds to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Commission Work Plan Staff reviewed the changes the City Council made to the Cultural Arts Commission Work Plan. The Commission was in agreement with the changes. It was moved by Commissioner Welch/Benay to approve the Work Plan as changed by the City Council. Unanimous. G:AMyData\CRISTAL\CAC\CACM1N6-10.wpd 5 3 ,� B. Village Improvements - Study Session on June 22, 1999 Staff informed the Commission that the City Council will be holding a Study Session on June 22, 1999 at 1:30 p.m. to discuss Village improvements. It was moved by Commissioner Welch/Shamis to appoint Commissioner Reynolds and Commissioner Benay to represent the Commissions desires for the Village area to the City Council during the Study Session, and to report back at the next Commission meeting. Unanimous. The Commissioners expressed what they would like relayed at the Study Session. C. Civic Center Improvements - Study Session on June 29, 1999 Staff informed the Commission that the City Council will be holding a Study Session on June 29, 1999 at 1:30 p.m. to discuss Civic Center Campus improvements. It was moved by Commissioner Benay/Reynolds to appoint Chairperson Hull and Commissioner Shamis to represent the Commissions desires for the Civic Center Campus improvements to the City Council during the Study Session, and to report back at the next Commission meeting. Unanimous. The Commission stated they would like the same information that was expressed at the Village improvements meeting brought up at this meeting, and they want art to be an integral part of the Civic Center design. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Community Picnic Thank You - Received and filed. B. Letter from Commissioner Chappie - Received and filed. VIII. COMMISSIONER ITEMS La Quinta On Stage - Chairperson Hull reported that Honey Atkins will present a report to the Commission in July. She was unable to give any information to the Commission at this time because they are in budget talks. Commissioner Reynolds announced the La Quinta Art Association Garage Sale on June 12. Commissioner Reynolds said she reapplied for the Commission, and she is taking art classes from John Weidenhammer. Commissioner Shamis said the McCallum Theatre is holding performances on June 21, 22, 23. The City Council is invited for free; tickets for the Commissioner's is $10.00. Commissioner Benay asked the Commission to think about an artist for "Artist of the Month." This will be on next months agenda. Chairperson Hull suggested placing art at the La Quinta Senior Center. Commissioner Welch spoke on the Americans for the Arts Conference he attended and liked the United Arts Fund idea. Commissioner Welch said he will not be reapplying for the Commission. Chairperson Hull gave Commissioner Benay California Works information. Chairperson Hull attended the City of Cathedral City Arts Conference and those in attendance want an ongoing organized art body for the valley. A steering committee meeting is set for Monday, June 14. J \� G:\MyData\CRISTAL\CAC\CACMIN6- l0.wpd 002 IX. ADJOURNMENT It was moved by Commissioner Welch/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:04 p.m.. NEXT MEETING INFORMATION July 8, 1999 7:00 PM La Quinta Civic Center Study Session Room • Election of Officers • Assign Work Plan Tasks • Report on City Council Study Session, June 22 - Reynolds/Benay • Report on City Council Study Session, June 29 - Hull/Shamis • La Quinta On Stage - Honey Atkins • Meet the La Quinta Artist - Benay • Art at the La Quinta Senior Center Submitted by: Cristal Spidell, Commission Secretary G:\MyData\CR1STAL\CAC\CACM1N6- I O.wpd 003 REPORT/INFORMATIONAL ITEM:_ INVESTMENT ADVISORY BOARD Meeting June 16, 1999 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Irwin, followed by the Pledge of Allegiance. PRESENT: Board Members Lewis, Mahfoud, Moulin, Osborne and Chairperson Irwin ABSENT: Board Member Bulgrin and 1 Vacancy OTHERS PRESENT: Thomas P. Genovese, City Manager, John Falconer, Finance Director, Dawn Honeywell, City Attorney (Via Conference Call) and Debbie DeRenard, Secretary II PUBLIC COMMENT None III CONFIRMATION OF AGENDA - Confirmed IV CONSENT CALENDAR A. Approval of Minutes of Meeting of May 12, 1999 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Lewis to approve the Minutes of May 12, 1999. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for April 1999 Board Member Moulin advised that on Page 4 of the treasurer's report in the column titled Prime Commercial Paper it lists a yield of 4.7500%. Mr. Falconer advised that this was listed in error and will be deleted. Page 1 of 6 59" Investment Advisory Board Minutes June 16, 1999 In response to Board Member Moulin, Mr. Falconer advised that in order to reconcile the total cash amount listed on page four, you will need to subtract the premium discount listed on the balance sheet on page nine. In response to Chairman Irwin, Mr. Falconer advised that the City did purchase commercial paper in May. It will appear on the May Treasurers Report. He further advised that the commercial paper has already matured. The yield and maturity were approximately 5.77% for 30 days. The equivalent T-Note was about 4.2%. MOTION - It was moved by Board Members Lewis/Osborne to approve, receive and file the Treasurer's Report for April 30, 1999. Motion carried unanimously. B. Fiscal Year 1999/2000 Investment Policy (At this time Mr. Falconer placed the conference call to the City Attorney.) Chairman Irwin requested comments from the City Manager and City Attorney. Dawn Honeywell, City Attorney advised that she has no comments on the proposed changes to the Investment Policy. She advised that the changes seem clear and that she has no concerns. Thomas P. Genovese, City Manager advised that he has reviewed the Investment Policy and he has no concerns regarding the proposed changes. He thanked the Investment Advisory Board Members for their work on the Board and advised that the purpose for the Investment Advisory Board is to add an extra element of professionalism, review and comment. He further advised that he personally and on behalf of the City appreciates the Board. Chairman Irwin requested individual member comments. Board Member Moulin advised that changes on page 18 were reviewed at the last meeting and the changes have not been completed. He referred to page 18 - 4tn bullet, the word "Investment" is plural, eliminate Page 2 of 6 Investment Advisory Board Minutes June 16, 1999 the word "category" and add "and show yield and maturity" to the end of the sentence. He further advised that the 9th bullet should be deleted and the 8" bullet should end with the word "fund" and the "holding of cash and investments" should be deleted. Board Member Lewis advised that he has no further changes. Board Member Mahfoud advised that he is very pleased with the final format of the Policy. Board Member Osborne advised that he feels the policy reads real well and will work well for the City and Staff under the current conditions of the economy. Chairman Irwin advised that he has shared some of the reservations that Board Member Moulin had expressed regarding the Investment Policy. Particularly in respect to limiting Treasuries to a maximum of 75 percent investment limit. He advised that the City should have the ability to invest 100 percent in times of stress. MOTION - It was moved by Board Members Lewis/Mahfoud to approve the Investment Policy for 1999/2000 with the minor corrections. Motion carried with Board Member Moulin voting NO. Mr. Falconer advised the Board that the 1999/2000 Investment Policy will be presented to the City Council for their review on June 29, 1999. C. FY 1999/2000 Investment Advisory Board Workplan In response to Chairman Irwin, Mr. Falconer advised that it has been three years since internal controls over investments were developed and they have been reviewed by the Board. He further advised that a step by step synopsis can be prepared for the Board's review. Board Member Moulin advised that the title of the agenda item looks like a large pit to him and he questioned what items were wanted. Mr. Falconer advised that Staff is looking for ideas to present to the City Council on July 6th. This will give the Council an idea of the workplan for the Boards and Commission and the option of adding, deleting or changing any items. Page 3 of 6 Investment Advisory Board Minutes June 16, 1999 Board Member Moulin questioned whether it was an appropriate time to ask the City Manager about the Ordinance. He advised that the Investment Advisory Board has had hesitation to impose on the City Council. The Board feels that this is a serious formal matter. He further advised that he noticed previous minutes of the City Council where they had revised the Ordinance for the Planning Commission with little or no discussion. He further advised that he is trying to relate what the IAB Members might be up against when they submit changes to the City Council. The IAB has had serious discussion on recommending revision to the Ordinance pertaining to the Investment Advisory Board. At the last IAB meeting the Board agreed that the Ordinance would be discussed at the July IAB meeting. Mr. Genovese advised that Mr. Falconer has done an excellent job explaining the workplan. With the Investment Advisory Board being more concentrated on investments, it becomes less of a challenge in reviewing with the Council. It is consistent with the City Policy to have all of the Boards and Commissions have workplans. There are some Commissions that are much different and less complicated. Those Commissions may have a number of ideas on their workplan that the City may not be able to afford or have the human resources to take care of them and this gives the City Council the options to redirect the Boards or Commissions. Chairman Irwin advised that the IAB asked the City Council to change the Ordinance approximately five years ago. The Council worked with the Board and changes were made. The Investment Advisory Board is concerned about maintaining the Board Member's credibility with the City Council. Mr. Genovese suggested having a "review of the Board functions" as an item on the workplan. This will let the City Council know that the Investment Advisory Board is working on the Ordinance. If the City Council has major concerns, this will give them the options of taking this item off of the workplan. If there are no concerns, they would leave it as a function for this fiscal year. Chairman Irwin advised that he sees the workplan as an "early warning system" and he likes it versus surprising the City Council. Page 4 of 6 Investment Advisory Board Minutes June 16, 1999 Board Member Moulin advised that the City Manager and City Council read and approved the minutes from the Investment Advisory Board and at the last Board meeting there were five pages of discussion regarding revising the functions of the Board. He further advised that he is surprised that this would sound like it's the first time this would be discussed in a workplan. Mr. Genovese advised that the workplan is the formalization process. Boards and Commissions discuss many items, and the workplan is the format to formalize the process. Chairman Irwin advised that the Board has identified three items for the workplan and he called for a motion. MOTION - It was moved by Board Members Lewis/Moulin to approve the workplan as follows: 1 . Review the Internal Controls as they relate to Investments, 2. Banking RFP, and 3. Review the Ordinance as they relate to the Board Member functions along with the regular agenda items. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - May 1999 Noted and Filed. B. Pooled Money Investment Board Reports - March 1999 Noted and Filed. C. LAIF Answer Book Update Noted and Filed. D. Memorandum from Board Member Moulin regarding Comparison of the City Investment Policy to Three other Cities Noted and Filed. Page 5 of 6 Investment Advisory Board Minutes VII BOARD MEMBER ITEMS June 16, 1999 Board Member Moulin questioned why some section titles in the Ordinance do not have an explanation. As an example Section 2.70.010 - General Rules Regarding Appointment and Terms, the "Terms" is not part of the description paragraph. Mr. Genovese advised that he would research the Ordinance, but he believed that the Ordinance may have been changed. Mr. Falconer advised that Staff would review the Ordinance and bring the findings back to the Board. Board Member Osborne advised that the Ordinance will be reviewed in the coming fiscal year and he advised that at that time the Board may request that the City Manager come back and meet with the Board. Chairman Irwin thanked Staff for handling all the changes to the Investment Policy. VIII ADJOURNMENT MOTION - It was moved by Board Members Lewis/Osborne to adjourn the meeting at 6:23 P.M. Motion carried unanimously. Submitted by: i Debbie DeRenard Finance Secretary Page 6 of 6 REPORT/INFORMATIONAL ITEM: C MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 8, 1999 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who asked Commissioner Abels to lead the flag salute. B. Chairman Tyler requested the roll call: Present: Commissioners Abels, Butler, Kirk, and Chairman Tyler. It was moved and seconded by Commissioners Kirk/Abels to excuse Commissioner Robbins. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planing Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Fred Baker and Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: A. Staff informed the Commission that Public Hearing Item "A" needed to be changed to Business Item "A" and the remainder of the Business Items renumbered accordingly. It was moved and seconded by Commissioners Kirk/Abels to approve the Agenda as amended. Unanimously approved. IV. CONSENT ITEMS: A. Chairman Tyler asked if there were any corrections to the Minutes of May 25, 1999. There being no corrections, it was moved and seconded by Commissioner Abels/Kirk to adopt the Minutes as presented. Unanimously approved. B. Department Report: None. V. PUBLIC HEARINGS: None. VI. BUSINESS ITEMS: A. Tract Map 25953; a request of Oliphant and Williams Associates, Inc. for approval of two new prototype houses and landscaping plans for the northwest corner of Miles Avenue and Dune Palms Road. J7 C:AMN Documents\wPD()C'S\PC6-8-99.v pd Planning Commission Minutes June 8, 1999 Commissioner Butler excused himself due to a possible conflict of interest and withdrew from the dias. 2. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development. 3. Chairman Tyler asked if there were any questions of staff. There being no questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Ms. Betty Williams stated she respectfully requested approval of their application and she was available to answer any questions. 4. Chairman Tyler asked if anyone else would like to speak regarding this project. There being no public comment, Chairman Tyler opened the case for Commission discussion. 5. There being no discussion, it was moved and seconded by Commissioners Abets/Kirk to adopt Minute Motion 99-009 approving the two new prototype house for Tract 25953, subject to the Findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Abets, Kirk, and Chairman Tyler. NOES: None. ABSENT: Commissioners Butler and Robbins. ABSTAIN: None. Commissioner Butler rejoined the Commission. B. Master Design Guidelines 99-004; a request of Coachella Valley Housing Authority for approval of prototype plans for lots in the Cove area. Chairman Tyler asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on life in the Community Development Department. 2. There being no questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Ms. Rebeca Dennis, Housing Director, representing Coachella Valley Housing Coalition, stated she was present to answer any questions the Commission may have. 3. Chairman Tyler asked if there were any questions of the applicant. The Commissioners thanked the applicant for the revised Guidelines. C:AMy Documents\WPDOCS\PC6-8-99.wli(I 2 013 Planning Commission Minutes June 8, 1999 4. Commissioner Kirk asked if the homes would, or would not have tile roofs as it was unclear in the Guidelines. Ms. Dennis stated they would all have tile roofs. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Minute Motion 99-010 approving Master Design Guidelines 99-004 as recommended. Unanimously approved. C. Sign Application 99-466; a request of Airtouch Communications for approval of a deviation to an approved sign program to permit corporate signs for a new business located at 78-742 Highway 111 within the One Eleven La Quinta Shopping Center. Chairman Tyler asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staffreport, a copy of which is on file in the Community Development Department. Staff noted a change in the size of the logo and that the applicant had agreed with Condition #1. 2. Chairmani Tyler asked if there were any questions of staff. Commissioner Butler asked if the Commission should be considering a Zoning Ordinance change to require copyright signs comply with City standards. Staff noted the conditions required the size change as the logo is too large in proportion to the balance of the sign. Commissioner Abels asked the City Attorney if the City was at risk requiring a registered trademark to be altered. Dawn Honeywell, City Attorney stated the City could require the applicant to alter the size to keep it in proportion, but not the design or colors. Staff noted the conditions were requiring only the size of the logo to be reduced. 4. Commissioner Abels asked the color of the returns. Staff noted it originally shown as white. The applicant had no objection to painting the returns black. Commissioner Kirk stated that at the last meeting staff was recommending the logo be changed from a can sign to something else. Can the City do this to a logo? City Attorney Dawn Honeywell stated that if the logo trademark includes the lettering as well as the logo itself, then to be in keeping with not altering the trademark, whatever the Commission recommended, whether it be to light the sign entirely or not -light the entire sign, the Commission would have to treat the entire sign the same way. 6. Commissioner Kirk questioned whether this would apply in this instance with the reduction of the sign size. City Attorney Dawn Honeywell stated she did not believe Airtouch provided the City with a letter showing the City what their logo consisted of. It is therefore, hard to know whether the reduction of the arch interferes with the trademark. C:AMv Documents\WPDOCS\PC6-S-99.vcpd Planning Commission Minutes June 8, 1999 7. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Jerry Murdock, Permitting Administrator for U1traNeon Signs, presented a letter from Airtouch regarding their trademark and pictures of various Airtouch locations which showed the trademark and size of the letters. In these instances the size of the logo is proportionately the same whether or not it is over the letters or next to the letters. City Attorney Dawn Honeywell stated that what the City was saying was that if Airtouch is arguing that it is their patented trademark, the City needs to be given something that demonstrates the size is part of the trademark. Mr. Murdock stated that whether the logo is used above or beside the letters it is still proportionately the same. Discussion followed regarding the different signs. 8. Chairman Tyler asked if there were any questions of the applicant. Commissioner Kirk asked the applicant how they felt about staffs recommendation regarding reducing the size of the logo. Mr. Mudock stated Airtouch is very adamant about having the sign at five feet and the logo is always proportionate to the letters. 9. Conunissioner Butler asked if the Commission could require documentation on the trademark. City Attorney Dawn Honeywell stated it would make sense to have the applicant provide documentation that what the City it requesting is requiring a change to their trademark. Commissioner Butler stated that in light of this information he would be inclined to continue this application until such time as documentation had been provided by Airtouch regarding their trademark. 10. Commissioner Kirk stated he too is concerned about sign proliferation, but in this instance lie would rather have the logo at the proposed size rather than additional letters. 11. Commissioner Butler stated he would agree with staff s recommendation, but III the future documentation should be provided as to what makes up a corporate trademark. In regard to this sign, he would agree with staff s recommendation as it would allow them to have the sign at a reduced size. 12. Commissioner Abels stated he could not agree with staffs recommendation as he believed it was altering their trademark. 13. Commissioner Butler stated they were not altering the sign, just reducing the logo size to three feet. As shown by the applicant's pictures, the signs are all different. 015 CAM), Documents\WI'DOCS\I'C6-5-99.vvpd 4 Planning Commission Minutes June 8, 1999 14. Chairman Tyler asked the length of logo as proposed. Staff stated it was proposed for five feet. Mr. Murdock stated it was four feet ten inches or four feet eleven inches and staff was requesting it to be reduced by about one third. 15. Commissioner Kirk asked what the chances were of the City being sued over such minor modi fications. City Attorney Dawn Honeywell stated there is one case that most of this is stemming from. It depends on how strong Airtouch's corporate office feels about it. If they wish to make a point, or if they feel there was an infringement on their trademark, they have the ability to sue. 16. Commissioner Kirk stated the Commission's decision should not be based on a court case. Changing the size, whether they are required to use a can or not use a can, is not going to cause the City trouble. He was not concerned with this particular sign, but in the fixture they should be able to have more latitude. Discussion followed regarding prior court cases on trademarks. 17. Mr. Murdock stated that if the Commission would like to continue this, he would contact All -touch, obtain a copy of their official trademark, and if the size is proportionate he will bring it in, if it is not, he will ask them to accept staffs recommendation. 18. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to continue Sign Application 99-466 to June 22, 1999. Unanimously approved. C. Street Name Change 99-01 1; a request of the City for approval of a street name change from Columbine to Paseo de Santillana or Calle de Oso. Chairman Tyler asked for the staff report. Planning Manager Christine di I rio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a request had been received from Centex Homes requesting the name be changed to "Spanish Bay" to be in conformance with other street names in PGA West. 2. Chairman Tyler asked if there were any questions of staff. There being no questions of staff, Chairman Tyler asked if anyone else would like to speak regarding this subject. 3. There being no discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 99-048, recommending approval of Street Name Change 99-011, as recommended by staff. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Chairman Tyler. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. 1-11, ,,,, s U ( �.) Planning Commission Minutes June 8, 1999 VIL CORRESPONDENCE AND WRITTEN MATERIAL: None. VIll. COMMISSIONER ITEMS: A. Chairman Tyler gave a report on the City Council meeting of May 18, 1999. B. Commissioner Kirk asked if staff would feel it appropriate to dedicate part of a Commission meeting with what can or cannot be done in regard to signs and legal precedent. Community Development Director Jerry Herman suggested a joint meeting be held with the City Council to gain their direction. Discussion followed regarding how staff reaches justification for a recommendation. Commissioner Kirk stated that at the last meeting, while reviewing the sign application for Auto Zone, it did not appear staff was in agreement with legal counsel in regard to what the Commission could change. This has led to some confusion and he would suggest that someone obtain some education regarding this issue. City Attorney Dawn Honeywell stated that if staff is making a recommendation to reduce the size of a sign because the City has regulations that the logo will not be any greater than a certain part of the sign, then this could be reviewed by legal counsel; but if the City is uncertain as to what part of the sign is the actual "trademark" then conditions could be placed on the application that are not appropriate. Discussion followed as to what actually constitutes a trademark; is it lettering or lettering and a logo. 2. City Attorney Dawn Honeywell stated she will review the Sign Ordinance in regard to federal Law as it relates to trademarks. Further, she does not believe the Planning Commission is in agreement with the City Council in regard to signs and she would suggest they get direction from the City Council before going any further. 3. Commissioner Kirk moved that the City Council provide direction based on issues raised and their desire to not have sign proliferation and explore the opportunities available to staff and the Planning Commission to make sure sign proliferation does not occur. Commissioner Abels seconded the motion and it passed unanimously. C:AMy Documents\WPDOCS\PC6-8-99.wli�1 6 `' 7 Planning Commission Minutes June 8, 1999 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Butler/Abels to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held June 22, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:00 P.M. on June 8, 1999. Respectfully subinittcd, -- E TY .--9 W�R, ecuttve Secretary City OZQuinta, California 013 C:AMy Documents\WNDOCS\PC6-8-99.wlxi REPORT/INFORMATIONAL ITEM: F MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 2, 1999 1. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:08 a.m. by Planning Manager Christine di Iorio who led the flag salute. B. Committee Members present: Bill Bobbitt and Dennis Cunningham. C. Staff present: Planning Manager Christine di Iorio, Principal Planners Fred Baker and Stan Sawa, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Planning Manager Christine di Iorio asked if there were any changes to the Minutes of Mav 5, 1999. There being no corrections, it was moved and seconded by Committee Members Cumningham/Bobbitt to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Tract 25953; a request of Oliphant and Williams Associates, Inc., for approval of architectural and landscaping plans for two new prototype residential units for the Sonrisa Development located at the northwest corner of Miles Avenue and Dune Palms Road. l . Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked if the square footage of the units was increasing. Staff stated yes. Committee Member Cunningham stated the architecture was fresh and the architectural detailing of exterior wall ties in well with the surrounding developments. C:AMy Documents\WPDOCS\Al,RC6-2-99.%%,Pd Architectural & Landscape Review Committee .tune 2. 1999 3. Committee Member Bobbitt concurred with Committee Member Cunningham and stated the project was an attractive tract. He then asked if the issue with La Quinta Palms regarding blocking of view was resolved. Staff stated it was not an issue as the developer was in accordance with the plans that had been approved by the City Council. Committee Member Bobbitt commented that when a new development is proposed it should be understood that a view will be blocked if not by the development, the trees and plant material which are required will further block the view when it reached maturity. He did not think it was reasonable to deny a project due to the project blocking a view. 4. Committee Member Cunningham stated La Quinta Palms was originally approved under Riverside County and basically had no reason for raising an objection. The City reviews all projects as to their impact on surrounding tracts and this tract was approved based on its ability to compliment the surrounding homes. Staff stated the Sonrisa tract had a condition placed on it to require one story units adjacent to La Quinta Palms. 5. Committee Member Bobbitt stated the landscaping and plant pallette were line as submitted. 6. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 99-014 recommending approval of Tract 25953, subject to conditions as submitted. Unanimously approved. B. Site Development Permit 99-652; a request of T. D. Desert Development for approval of a 13,400 square foot golf maintenance facility located south of Avenue 48 and east of Dune Palms Road. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Committee Member Cunningham asked if the maintenance facility could be seen from public view. Staff stated the peak of the building will be seen while east. When driving west, very little if any will be seen. The views that will see it are from the golf course and the future Casitas units proposed for that area. 4. Committee Member Cunningham stated there are two views, public and interior. His concern is only for the general public view as the interior will be mitigated by the developer. C:AMy Documents\WPDOCS\nLRC6-2-99.wpd 2 Architectural & Landscape Review Committee June 2, 1999 5. Committee Member Bobbitt asked if the CVWD well site was proposed or existing. Staff stated it was proposed. Committee Member Bobbitt stated that while driving down 48" Avenue it did not appear that it would be possible to hide the building and as this building is right on 48" Avenue. His concern was that it is flat and appears to bring a commercial building to the area that does not blend with the architecture of this area. It is too close to 48"' Avenue and needs to be dressed up so it does not look like a maintenance yard. 6. Committee Member Cunningham stated that a metal prefabricated building is easier to fix it compared to a plastered house with the roofs. This is due to not being maintained and becoming a problem. The simpler the building the easier to maintain, but it should not be seen from the general public view. 7. Committee Member Bobbitt stated that if he were a homeowner he would want the building hidden by at least plant material. As Avenue 48 is fairly heavily traveled. he does not want it to look commercialized. As long as the facility is hidden from the street he is not concerned with the looks of the building. S. Committee Member Bobbitt asked when the building would be constructed. Mr. Art Gardner, Watson and Christiansen stated the lowest point of the site is 14 feet below the pad. The building is on the east side of the wash and they have to keep a minimum 50 foot pad elevation per CVWD. Committee Member Bobbit asked if the applicant was being required to line the wash with concrete. Mr. Gardner no. They can shape and mold it as they please. Ile then reviewed the elevations with the Committee and showed how the Casitas units would be blocked by landscaping. He noted that due to the setback of the maintenance facility and part of the proposed wall, very little of the facility would be seen. 9. Committee Member Bobbitt asked what the construction material would be for the roof. Mr. Chuck McBride, Design Build Associates, displayed the roof material and colors and discussion followed. 10. Mr. Chuck Shepardson, landscape architect, stated they are trying to screen the interior and will help the view from 48" Avenue with mounding and plant material. Discussion followed regarding the landscaping. 11. Committee Member Bobbitt asked if the Imperial Irrigation power poles and/or substation would be removed or hidden. Mr. Mike Hulme, project manager for Rancho La Quinta, stated they will be landscaping the electrical substation to make it disappear as much as possible. C:AMy Documents\WPDOCS\i\I,RC6-2 99.wji(l ;,, Architectural & Landscape Review Committee June 2, 1999 12. There being no further discussion, it was moved and seconded by Committee Members Bobbitt/Cunningham to adopt Minute Motion 99-015, recommending approval of Site Development Permit 99-652, as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None V. COMMITTEE MEMBER ITEMS: None VI. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Cunningham to adjourn this regular meeting of the Architectural and Landscaping Committee to the next regular meeting to be held on July 7, 1999. This meeting was adjourned at 10:40 a.m. on June 2, 1999. Respectfully submitted, -.SAWYER, lxccutive Secretary City a Quinta, California C:AMy Documents\WPDUCS\i\LRC6-2-99.wpd 4 (' 9 L;�(�T •�9 DEPARTMENT REPORT: s OF TN�v TO: FROM DATE: RE: The Honorable Mayor and Members of the City Council Thomas P. Genovese, City Manager ,• July 20, 1999 Department Report - Response(s) to Public Comment The following is the response to public comments made at the July 6, 1999 City Council meeting: 1. Mr. Daniel Cohen, 2000 S. Lagarto Way, Palm Springs, addressed the City Council regarding the Village improvements and a letter he had sent to the City Council. • Staff sent a response letter to Mr. Cohen, and the City Council Members were provided copies of the letter. 2. Ms. Audrey Ostrowsky, P.O. Box 351, addressed the City Council regarding Mr. Cohen's letter. • No response was necessary as the Mayor had previously responded to Mr. Cohen. A-1 JULY 20 JULY 28 JULY 28-30 AUGUST 3 AUGUST 26 AUGUST 17 AUGUST 25 DEPARTMENT REPORT: CITY COUNCIUS UP -COMING EVENTS COUNCIL MEETING CHAMBER MIXER AT THE CLIFFHOUSE LEAGUE'S MAYORS & COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY CITY COUNCIL MEETING CHAMBER MIXER CITY COUNCIL DARK SPECIAL CITY COUNCIL MEETING SEPTEMBER 2 MAYOR'S LUCNH SEPTEMBER 7 CITY COUNCIL MEETING SEPTEMBER 13 2ND ANNUAL MAYOR'S CUP GOLF CHALLENGE SEPTEMBER 21 CITY COUNCIL MEETING OCTOBER 9 CITYWIDE CLEAN-UP DAY OCTOBER 10-12 ANNUAL LEAGUE CONFERENCE IN SAN JOSE Updated: July 15, 1999 July 1999 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 S M TJuW T F S S M T ne August F S 1 2 3 4 5 1 2 3 4 5 6 7 12:00 PM Mayor's Lunch 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 4 5 6 7 8 9 10 2:00 PM City 12:00 PM CVAG Council Meeting Energy & Envi- Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:00 PM Commu- 7:00 PM CV 9:00 AM RCTC- 3:30 PM Historic nity Services Mosq. Abate. Pena Preservation Commission -Perkins 5:30 PM Invest- Commission 7:00 PM Planning ment Advisory I I Commission Board i 18 19 20 21 22 23 24 9:30 AM CVAG- 9:00 AM CVB - Public Safety- Henderson Perkins 2:00 PM City 12:00 PM CVAG- Council Meeting Transp-Perkins 25 26 27 28 29 30 31 6:00 PM CVAG 2:00 PM Planning 12:00 PM CVAG- Exec -Pena Commission Human & Com. - Adolph 4:00 PM DRRA Airport - Henderson Printed by Calendar Creator Plus on 7/15/99 i`� August 1999 Monthly Planner Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 2:00 PM City Council Meeting 12:00 PM SunLine-Pena 8 9 10 11 12 13 14 Community Serv- ices Commission- 7:00 PM C.V. Mosq. Abate.- Perkins 5:30 PM Invest- ment Advisory Board 12:00 PM CVAG Energy & Envi- Sniff Dark Planning Commis- 7:00 PM Cultural Sion Dark Commission - Dark 15 16 17 18 19 20 21 9:30 AM CVAG 9:00 AM CVB- 3:30 PM Histori- Public Safety- Henderson cal Preservation Perkins City Council Dark Commision 12:00 PM CVAG Transp.-Perkins i 22 23 24 25 26 27 28 2:30 PM RCTC Budget Mtg.- 7:00 PM Planning Commission 11:45 AM CVAG Human & Com- Pena Meeting Adolph 7:00 PM Special City Council Meeting 29 30 31 July September S M T W T F S S M T W T F S i - 1 2 3 1 Z_ 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 29 30 Printed by Calendar Creator Plus on 7/16/99 6 1 1 DEPARTMENT REPORT: D-1 � OZ V - OF TN�� TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety /� DATE: July 20, 1999 RE: Department Monthly Report - June Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of June. The reports depict the following highlights: • Year to date building permit valuation is $1 16,160,516, which represents an issuance of 1,463 building permits through June; • 1,481 animal control cases have been handled through June; • 1 ,156 code compliance cases have been initiated through June; • 14 new licenses were issued to La Quinta based businesses in June. G12_ III M t7 �-• .� a 0 N M N 4 U_ I Z Q O IT [� F C/i F I Iz N r.. I I .7 F.. ol M O In O, OV) 000 p n Q G Wn 00 00 M cc Z �. zFin Lz7 Q v o = 00 — O ••• o C 0 O o in o 0 0 0 o v O O O In O n `O r N N N U p I N o N o Io r v o 0 0 o a o a �o .o �o 0 0 o M kn O [� en � n � en fl) 7 N .M�. W) N 0 d W d 00 O 7 WO W) r- t- tn V) V7 W) R M O �O �n O l� O O O O tn ' I l r 00 00 O M rl ".. r 00 �D M [- tn N CT M. l- 00 N [- [- fn tc d' Q N ' N 00 � 00 N �+ V I Ln M O M �-- to W, O tn O CT In 00 7 N -- O cl O Z CT 00 00 to N N v M O QN to 00 �o U O N O^ �p 00 N M 7 N .ti M M C en IIC7 F A� Z z A w �, �G 00 'R N h [� M 00 M N1 O �o M F r+ u O 0 00 QN C O 3NGr�7 N N G p I vZN It Z W N c. I z d d U C7 d U C7 d F Q O d U F• F. O G:7 W W Z d �q .� -� V W W W W � � �. a m W 00 IIR M 00 M L—, tM O IT � M 61.7 00-b ANIMAL CONTROL REPORT FOR: JUNE,1999 ANIMAL PICKUPS YEAR TO INCIDENTS YEAR TO MONTHLY: DATE: HANDLED: MONTHLY DATE: Dogs Alive __39_ 243 Bite reports 5 37 Dead _ 1 18 Cats Alive _ 26_ 79 _ Animal trap set ups 4_ 38__ Dead _ _110___ 33 Cruelty to Animals Other_Animals Investigations & 3 17 Check welfare Alive 12 30 Dead _ 8_ 40 Vicious Animal Restraining order 0 3 TOTAL _ANIMALS Alive ___ 27 352_ Special hour patrols _ 1_ 99 Dead _12_ 91 Zoning Violations 0 _2 Lost & found reports 30 200 TOTAL ANIMALS Animal Rescue 3 21 REMOVED Outside agency assistance 1 11 City hall reclaims 9 _ 59 96 443 Other 56 227_ TOTALS 112 714 VIOLATIONS: No owner Warnings Citations Contact Dogs at large 13 1 5 Noise disturbance 0 1 0 Defecation removal 0 2 0 License violation 0 _ 0 5 Other 0 0 0 Monthly Total 13 4 10 YEAR TO DATE 149 60 115 TOTAL MONTHLY INCIDENTS HANDLED: _235 TOTAL YEAR TO DATE INCIDENTS HANDLED: 1,481 1 YEAR 2 YEAR 3 YEAR LICENSE LICENSE LICENSE} Unaltered $25.00 $50.00 $75.00 , �' 3 Altered 8.00 12.00 16.00 Senior w/altered 3.00 5.00 7.00 CODE COMPLIANCE REPORT FOR: JUNE¢1999 ABATEMENTS: Nuisance Abatements Started Weed Abatements Started Vehicle Abatements Started Dwelling Abatements Started TOTAL STARTED TOTAL COMPLETED Home Occupation Inspections Business License Inspections Public Service Garage -sale permits Issued forms\councilceo YEAR TO DATE: 49 542 69 176_ 80 41-7 3_ 21 201 1,156_ 139 882 5- - 34 1 18_ 374_ 3,616 125 683 G () 15 W rn rn rn rn rn rn rn rn rn rn rn rn rn rn QO 1z iz N�5 m w N r 65 V (n O r- O N O N N O O N N O JI CO (D (D (D tD (D (O CD (D CO (D CD (D (D m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W } U _ J W W CL CD 07 U- ? z O J _Z > C J_ O Z Z 0 �] < Q W F- W W CO W F- 11J U Z U F- U d 0 l- W Z O Q 0-1 V U W Q Q' J J W= O ZFW-QOFW-F- Z� `6wQQ W Q U Q � Z U W O F- J FF- Fa- C7 of -WWgF0Wz ZW W ZCn Q U �� Q W Z Of w Q Q Q Q W� Z Q (n (n J W W F- W W W W W W or Q W O W m0E?0xof YE2LLm00x W (O LO N m iD In � -It w v (D -It I* (Of) Z e- - N LO d' V "t O V I� O"t 0 o? 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O CL N o Y y C ._ y cr. o :I.m 1c w ° t a y (a W v3 a (13 C y ° C N o C ° CLo .. c o o o CD o f i6 0� r' 4-U - 0 a � L m a ° c E a '0 ` > d m (D m m a a) C7 Q D a a 'C c y a� y a� U CC CO a r ° () L C C y 5 f/1 co .Y J i J W O U N U O v C C � ° lC y Vi H O CO O t C y ° M U) 9 U O a W a C H 2= -i a a 9 ° 0 a U DEPARTMENT REPORT: 47 4 U FA ,eti F�Fy OF TO: Honorable Mayor and Members of the City Council FROM: Marni Kunsman, Recreation Supervisor `i\ ,,- VIA: Dodie Horvitz, Community Services Directo 1 DATE: July 20, 1999 SUBJECT: Transmittal of Community Services Department Report for the Month of June 1999 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF AUGUST 1999: Aug 2 Beginning Computer Classes, Session II, Boys & Girls Club Aug 3 *How to Buy a Computer, Free Seminar Aug 3 Dance Workout Classes, Session II, La Quinta High School Aug 3 Jazz Dance Plus Classes, Session II, La Quinta High School Aug 4 *Financial Seminar Part 1 Aug 4 Intermediate Computer Classes, Session II, Boys & Girls Club Aug 5 Tap Dance Plus Classes, Session II, La Quinta High School Aug 5 Successful Money Management Classes, Session 1, Senior Center Aug 6 Shopping Excursion, Fashion Island & South Coast Plaza, Orange County Aug 7 Standard First Aid & CPR Course, La Quinta Boys & Girls Club Aug 7 La Quinta Summer Golf Tour, Mission Hills Resort, Pete Dye Course Aug 7 Excursion, Annual Sawdust Festival, Laguna Beach Aug 9 *Free Putting Contest Aug 9 Low Impact Aerobics Classes, Session 11, La Quinta High School Aug 10 Summer Strummin', Guitar Classes, Session II, Senior Center Aug 11 *Financial Seminar Part 2 Aug 11 "Start Your Own Internet Business," Evening Seminar, Senior Center Aug 13 Ice Cream Social with Gamby the Quail, Senior Center Multi -use Room Aug 14 La Quinta Summer Golf Tour, Desert Willow Golf Resort Aug 14 Mastering Microsoft Word, Saturday Computer Seminar, Boys & Girls Club Aug 16 *CPR Class Aug 17 *Free Hearing Consultation & Hearing Aid Check Aug 19 *Healthy Cooking Class Aug 21 La Quinta Summer Golf Tour, Mission Hills Resort, Gary Player Course Aug 21 Community First Aid & CPR Course, La Quinta Boys & Girls Club Aug 21 Mastering Microsoft Excel, Saturday Computer Workshop, Boys & Girls Club Aug 26 *Ninth Annual, Back to School Luncheon Aug 28 La Quinta Summer Golf Tour, La Quinta Resort & Club, Dunes Course * Senior Center Program, Class or Event T4ti�p 4 w'*P Q" Community Services Department Attendance Report for the Month of June 1999 Summary Sheet Program 1999 1998 Variance Meetings Per Month 1999 1998 Leisure Classes 329 119 210 24 12 Special Events 168 122 46 5 3 Adult Sports 836 740 96 22 4 Senior Center 1478 1101 377 96 75 Program Totals 2811 2082 729 147 94 Information/Referrals Community Service 138 * 138 22 22 *Fritz Burns Pool 225 113 112 30 30 Senior Center 971 970 1 19 18 Total 1334 1083 251 71 70 Sports Complex LQSYA 600 350 250 4 5 Total 600 350 250 4 5 Total Programs 4745 3515 1230 222 169 *Participation numbers are based on a daily average Volunteer Hours Senior Center 683 797 -114 Meals on Wheels 23 30 -7 Total Volunteer Hours 706 827 -121 Revenue Senior Center $ 3,296.09 $ 1,903.00 $ 1,393.09 Community Services $ 9,100.00 $ 8,025.00 $ 1,075.00 Rental Income $ 495.00 $ - $ 495.00 Total Revenue $12,891.09 $ 9,928.00 $ 2,963.09 *Totals not available Community Service Program Attendance June 1999 1998/99 1998/99 1997/98 1997/98 1997/98 1998/99 Participants Total Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Low Impact Aerobics 22 44 0 0 44 0 2 Internet Business 1 5 5 0 0 5 0 1 Internet Business 2 22 22 0 0 22 0 1 Gourmet Cooking 22 88 0 0 88 0 4 Youth Let's Dance 8 16 0 0 16 0 2 Watercolor 6 18 8 16 2 2 3 Beg. Computers Mon. 10 10 10 20 -10 2 1 Beg. Computers Tues. 10 10 10 30 -20 3 1 Int. Computers Wed. 8 8 10 20 -12 2 1 Summer Art Blast 5-8 12 48 11 33 15 3 4 Summer Art Blast 9-13 1 15 60 0 0 60 0 4 Totals 140 329 49 119 210 12 24 1998/99 1998/99 1997/98 1997/98 1997/98 1998/99 Participants Total Participation Participants Total Participation Variance Meetings Meetings Special Events Golf- Heritage Palms 58 58 51 51 7 1 1 Golf- Palm Valley 44 44 57 57 -13 1 1 Golf -Cathedral Canyon 38 38 0 0 38 1 0 Ice Cream w/ Gamby 1 15 15 0 0 15 1 0 Newport Beach Trip 131 13 14 14 -1 1 1 Totals 1681 168 122 122 46 5 3 1998/99 1998/99 1997/98 1997198 1997/98 1998/99 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 88 88 0 0 88 0 10 Open Basketball Sat. 28 28 0 0 28 0 4 Open Volleyball Sat. 0 0 0 0 0 0 4 Adult Soccer League 180 720 1851 740 -201 41 4 Totals 1 296 836 1851 7401 961 41 22 U �� Senior Center Attendance 1999 1999 1998 1998 Registered otal Registered Total Meetings Participants Participation Participants Participation Variance 1999 1998 Senior Activities Bridge, ACBL 207 207 162 162 45 5 4 Bridge, Duplicate/Social 236 236 293 293 -57 12 14 Creative Writing Club 20 20 43 43 -23 5 5 Computer Lab 4 4 0 0 4 31 0 Ice Cream Social 54 54 31 31 23 3 4 Monthly Birthday Party 33 33 24 24 9 1 1 Monthly Luncheon 57 57 45 45 12 1 1 Movie Time 54 54 52 52 2 4 5 Putting Contest 14 14 0 0 14 1 0 Putting Green 2 2 0 0 2 n/a n/a Seminars 50 50 17 17 33 5 2 Television Viewing 39 39 38 38 1 n/a n/a Tennis 10 10 45 45 -35 1 7 Senior Activity Total 780 780 750 750 30 41 43 Senior Leisure Courses Ballroom Dance 10 30 5 9 21 4 2 Computer 37 78 9 33 45 13 6 CPR Class 7 7 0 0 7 1 0 Dog Training Class 3 6 0 0 6 2 0 Exercise 61 471 32 245 226 18 13 Senior Leisure Courses Total 118 592 46 287 305 38 21 Senior Leisure Classes Arts and Crafts 36 36 19 19 17 5 4 Ceramics 29 29 22 22 7 3 3 Painting 13 13 23 23M11 5 4 Quilting 28 28 0 0 4 0 Senior Leisure Classes Total 106 106 64 64 17 11 TOTAL SENIOR PROGRAMS 1004 1478 860 1101 96 75 Senior Services A.A.R.P. "55 Alive" 35 35 20 20 2 2 Ambassadors 65 65 68 68 -3 n/a n/a Blood Pressure Check/Body Comp. 43 43 49 49 -6 5 7 Bono's Mobile Office 4 4 5 5 -1 1 1 FIND Food Distribution 479 479 566 566 -87 4 4 Friends Meeting 6 6 8 8 -2 1 1 Hearing Consultation 4 4 4 4 0 1 1 Information/Referral/Outreach 290 290 241 241 49 n/a n/a Legal Consultation 31 31 0 0 31 2 0 Medicare Consultation 7 7 3 3 4 n/a n/a Peer Counseling 2 2 0 0 2 1 0 Share Meetings/Sign-up 5 5 6 6 -1 2 2 TOTAL SENIOR SERVICES 971 971 970 970 1 19 18 SENIOR CENTER TOTAL 1975 2449 1830 2071 378 115 93 Page 3 U111--,. 11)1,9!4 L� TQ•c wj' of TNti�w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: ITEM TITLE: Transmittal of Revenue and Expenditure Reports dated May 31, 1999 RECOMMENDATION: Receive and File BUSINESS SESSION: July 20, 1999 CONSENT CALENDAR: BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: 1 Transmittal of the May 31, 1999 Statement of Revenue and Expenditures for the City of La Quinta. John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1 . Revenue and Expenditures Report, May 31, 1999 bZ CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES 07/01/1998-05/31/1999 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 497,000.00 549,433.42 (52,433.42) 462,300.00 581,710.51 (119,410.51) 176,900.00 208,138.92 (31,238.92) 1,869,200.00 2,138,492.85 (269,292.85) 3,000,000.00 2,995,693.96 4,306.04 330,400.00 229,418.39 100,981.61 6,335,800.00 6,702,888.05 (367,088.05) 110.55% 125.83% 117.66% 114.41 % 99.86% 69.44% 105.79% LICENSE & PERMITS: Business License 95,100.00 98,891.30 (3,791.30) 103.99% Animal License 7,400.00 7,269.00 131.00 98.23% Building Permits 412,500.00 1,109,652.12 (697,152.12) 269.01% Plumbing Permits 86,700.00 190,020.35 (103,320.35) 219.17% Electrical Permits 68,000.00 193,401.86 (125,401.86) 284,41 % Mechanical Permits 35,800.00 102,522.14 (66,722.14) 286.37% Misc. Permits 55,200.00 45,439.40 9,760.60 82.32% TOTAL LICENSES & PERMITS 760,700.00 1.747,196.17 (986,496.17) 229.68% FEES: General Government Fees 50.00 0.00 50.00 0.00% Finance Fees 50.00 3,423.13 (3,373.13) 6846.26% City Clerk Services Fees 1,000.00 403.78 596.22 40.38% Community Services Fees 95,900.00 96,994.83 (1,094.83) 101.14% Bldg & Safety Fees 278,400.00 716,194.28 (437,794.28) 257,25% Community Development Fees 107,800.00 337,966.32 (230,166.32) 313.51% Public Works Fees 271,100.00 647,402.49 (376,302.49) 238.81% TOTAL FEES 754,300.00 1,802,384.83 (1,048,084.83) 238.95% INTERGOVERNMENTAL Motor Vehicle In -Lieu 770,800.00 883,888.06 (113,088.06) 114.67% Off Hwy Vehicle License 250.00 327.31 (77.31) 130.92% Motor Vehicle Code Fines 14,400.00 36,876.91 (22,476,91) 256.09% Parking Violations 22,300.00 28,397.17 (6,097,17) 127.34% Misc Fines 2,000.00 3,582.75 (1,582.75) 179.14% AB939 84,400.00 84,716.70 (316.70) 100.38% CSA152 Assessment 109,200.00 0.00 109,200.00 0,00% Sunline Transit 9,600.00 16,500.00 (6,900.00) 171.88% County of Riverside Library Funding 77,275.00 77.275.00 0.00 100.00% State of California -Grants 0.00 26,965.00 (26,965.00) N/A TOTAL INTERGOVERNMENTAL 1,090,225.00 1,158,528.90 (68,303.90) 106.27% INTEREST 1,123,600.00 1,217,325.19 (93,725.19) 108.34% MISCELLANEOUS Miscellaneous Revenue 44,600.00 59,990.99 (15,390.99) 134.51% Cash Over/(Short) 0,00 27.59 (27 59) N/A Litigation Settlement Revenue 0.00 740,984.81 (740,984.81) N/A TOTAL MISCELLANEOUS 44,600.00 801,003.39 (756,403.39) 1795.97% TRANSFER IN 222,069.00 32,390.41 189,678.59 14.59% TOTAL GENERAL FUND 10,331,294.00 13,461,716.94_ (3,130,422.94) 130.30% Z7 03 CITY OF LA QUINTA 07/01/1998-05/31/1999 ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED GAS TAX REVENUE: Section 2105 116,000.00 101,361.30 14,638.70 87.38% Section 2106 83,100.00 72,790.30 10,309.70 87.59% Section 2107 163,000.00 131,043.23 31,956.77 80.39% Section 2107.5 4,000.00 5,000.00 (1,000.00) 125.00% Interest 2,700.00 3,796.78 (1,096.78) 140.62% TOTAL GAS TAX 368,800.00 313,991.61 54,808.39 85.14% COMMUNITY SERVICES PROJECT REVENUE: Interest 0.00 (0.47) 0A7 N/A TOTAL COMM SERVICES PROJECT 0.00 _(0.47) 0.47 N/A CMAQ/ISTEA CMAQ/ISTEA Grant 114,464.73 91,639.41 22,825.32 80.06% Interest 0.00 0.00 0.00 N/A TOTAL CMAQ/ISTEA 114,464.73 91,639.41 22,825.32 80.06% FEDERAL ASSISTANCE REVENUE: CDBG Grant 228,400.00 15,095.00 213,305.00 6.61 % Interest 1,100.00 0.00 1,100.00 0.00% TOTAL FEDERAL ASSISTANCE 229,500.00 15,095.00 214,405.00 6.58% PROPOSED ASSESSMENT DISTRICT Assessment Bond Proceeds 2,806,700.00 0.00 2,806,700.00 0.00% TOTAL PROPOSED ASSESSMENT DISTRICT 2,806,700.00 0.00 2,806,700.00 0.00% SLESF(COPS)REVENUE: SLESF (Cops) Funding 46,246.00 46,245.57 0.43 100.00% Interest 0.00 1,729.93 (1,729.93) N/A TOTAL SLESF (COPS) 46,246.00 _ 47,975.50 (1,729.50) 103.74% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 27,958.00 27,958.00 0.00 Interest 0.00 378.95 (378.95) Transfer in 9,206.00 9,206.00 0.00 TOTAL LLEBG 37,164.00 37,542.95 (378.95) LIGHTING & LANDSCAPING REVENUE: Assessment Interest Developer Contribution TOTAL LIGHTING & LANDSCAPING QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY 796,600.00 740,297.02 56,302.98 5,100.00 1,038.67 4,061.33 0.00 7,000.00 (7,000.00) 801,700.00 748,335.69 53,364.31 20,000.00 5,520.00 14,480.00 1,800.00 7,936.47 (6,136.47) 21,800.00 13,45.6.47 8,343.53 100.00% N/A 100.00% 101.02% 92.93% 20.37% N/A 93.34% 27.60% 440.92% 61.73% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest TOTALINFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL CMAQ/ISTEA INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG Funding CVWD County of Riverside State of Ca- Office Emer. Services RCTC Funding SB300 Funding Surface Transportation SB821-Bicycle Path Grant APP Contribution Developer Agreement Funding Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP 07/01/1998-05131/1999 REMAINING BUDGET RECEIVED BUDGET RECEIVED 1,066,500.00 3,945,188.91 (2,878,688.91) 187,200.00 304,247.28 (117,047.28) 1,253,700.00 4,249,436.19 (2,995,736.19) 1,100.00 1,151.12 (51.12) 1,100_.00 1,151.12_ (51.12) 48,993.00 10,483.45 38,509.55 2,100.00 2,890.85 (790.85) 51,093.00 13,374.30 37,718.70 2,000.00 2,000.00 0.00 200.00 228.79 (28.79) 2,200.00 2,228.79 (28.79) 0.00 619,894.16 (619,894.16) 0.00 0.00 0.00 _0.00 619,8.94.16 (619,894.16) 296,086.83 730,642.91 (434,556.08) 1,603,171.00 0.00 1,603,171.00 0.00 0.00 0.00 0.00 53,213.00 (53,213.00) 0.00 0.00 0.00 209,701.00 208,518.00 1,183.00 141,401.83 65,401.77 76,000,06 53,734.00 15,396.00 38,338.00 376,612.00 20,002.00 356,610.00 1,010,389.00 113,387.45 897,001.55 24,086,971.22 3,840,923.39 20,246,047.83 27,778,066.88 5,047,484.52 22,730,582.36 38,500.00 38,492.74 7.26 745,000.00 748,486.56 (3,486.56) 1,500.00 3,377.33 (1,877.33) 785,000.00 790,356.63 (5,356.63) 369.92% 162.53% 338.95% 104.65% 104.65% 21.40% 137.66% 26.18% 100.00% 114A0% 101.31 % N/A N/A N/A 246.77% 0.00% N/A N/A N/A 99,44% 46 25% 28.65% 5.31 11.22% 15,95% 18.17% 99.98% 100.47% 225.16% 100.68% as CITY OF LA QUINTA 07/01/1998-05/31/1999 REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 N/A Interest 0.00 0.00 0.00 N/A TOTAL URBAN FORESTRY 0.00 0.00 0.00 N/A EQUIPMENT REPLACEMENT FUND: FMP Equipment Charges 338,646.00 310,442.56 28,203.44 91.67% Interest 22,100.00 30,802.64 (8,702.64) 139.38% TOTAL EQUIPMENT REPLACEMENT 360,746.0_0 341,245.20 19,500.80 94.59% ARTS IN PUBLIC PLACES REVENUE: " Arts in Public Places Deposits 87,000.00 258,439.44 (171,439.44) 297.06% • Arts in Public Places Credits Applied 0.00 93,000.00 (93,000.00) N/A Interest 12,300.00 20,407.43 (8,107.43) 165.91% TOTAL ARTS IN PUBLIC PLACES 99,300.00 371,846.87 (272,546.87) 374.47% ' These amounts are deposits and are treated as liabilities and not as revenues. CITY OF LA QUINTA 07/01/1998 - 05/31/1999 GENERAL FUND EXPENDITURE SUMMARY REMAINING % BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 475,800.00 413,999.98 0.00 61,800.02 87.01% CITY MANAGER'S OFFICE 619,425.00 442,591.80 0.00 176,833.20 71 45°% ECONOMIC DEVELOPMENT 743,165.00 694,564.30 0.00 48,600.70 93.46% PERSONNEL/RISK MGT 37,965.00 2,066.51 0.00 35,898.49 5.44 % TOTAL GENERAL GOVERNMENT 1,876,355.00 1,553,222.59 0.00 323,132.41 82.78% FINANCE: FISCAL SERVICES 488,865.00 423,167.33 0.00 65,697,67 86.56% CENTRAL SERVICES 788,263.00 597,258.75 4,557.10 186,447.15 75.77% TOTAL FINANCE 1,277,128.00 1,020,426.08 4,557.10 252.144.82 79.90% CITY CLERK 327,565.00 268,751.13 0.00 58,813.87 82.05% COMMUNITY SERVICES SENIOR CENTER 222,200.00 176,275.43 0.00 45,924.57 79.33% PARKS & RECREATION ADMINISTRATION 511,400.00 438,732.63 7,008.00 65,659.37 85.79% PARKS & RECREATION PROGRAMS 53,150.00 45,389.09 0.00 7,760.91 85.40% TOTAL COMMUNITY SERVICES 786,750.00 660,397.15 7,008.00 119,344,85 83.94°% POLICE 3,095,828.00 1,674,459.68 10,000.00 1,411,368.32 54.09% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 203,250.00 165,780.59 0.00 37,469.41 81.56% CODE COMPLIANCE 394,440.00 297,722.38 0.00 96,717.62 75.48% ANIMAL CONTROL 155,137.00 143,787.78 0.00 11,349.22 92.68% BUILDING 462,938.00 406,669.64 0.00 56,268.36 87.85% EMERGENCY SERVICES 71,540.00 55,567.62 0.00 15,972.38 77.67% FIRE 19,000.00 9,321.54 0.00 9,678.46 49.06% CIVIC CENTER BUILDING -OPERATIONS 994,100.00 934,429.40 4,998.13 54,672.47 94.00% TOTAL BUILDING & SAFETY 2,300,405.00 2,013,278.95 4.998.13 282,127.92 87.52% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 493,050.00 314,202.09 0.00 178,847.91 63.73% CURRENT PLANNING 667,550.00 395,417.52 0.00 272,132,48 59.23% SOUTH COAST AIR QUALITY 5,700.00 5,429.85 0.00 270.15 95.26% TOTAL COMMUNITY DEVELOPMENT 1,166,300.00 715,049.46 0.00 451,250.54 61.31% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 191,940.00 151,480.08 0.00 40,459.92 78,92% DEVELOPMENT & TRAFFIC 767,575.00 604,224.48 0.00 163,350.52 78.72% MAINT/OPERATIONS - STREETS 1,155,703.00 787,209.07 5,700.00 362,793.93 68.12% MAINT/OPERATIONS - LTG/LANDSCAPING 994,124.00 882,984.22 10,400.00 100,739.78 88.82% CAPITAL PROJECTS 517,182.00 164,613.37 0.00 352,568.63 31,83% TOTAL PUBLIC WORKS 3,626,524.00 2,590,511.22 16,100.00 1,019,912.78 71.43% TRANSFERS OUT 1,405,943.27 86,881.22 0.00 1,319,062.05 6,18% GENERAL FUND REIMBURSEMENTS (3,703,919.32) (2,678,823.50) 0.00 (1,025,095.82) 72.32% NET GENERAL FUND EXPENDITURES 12,158,878.95 7,904,153.98 42,663.23 4,212,061.74 65.01% 07 CITY OF LA QUINTA 07/0111998 - 05/31/1999 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GAS TAX FUND: REIMBURSE GENERAL FUND 368,800.00 338,066.77 0.00 30,733.23 91.67% COMMUNITY PROJECT FUND: TRANSFER OUT 5,809.00 5,809.53 0.00 FEDERAL ASSISTANCE FUND: TRANSFER OUT 130,000.00_ 0.00 0.00 130,000.00_ 0.00% SOUTH COAST AIR QUALITY FUND REIMBURSE GENERAL FUND 13,797.16 0.00 0.00 13,797.16 0.00% TRANSFER OUT 92,433.00 8,097.16 0.00 84,335.84 8.76% TOTAL SOUTH COAST AIR QUALITY 106,230.16 8 q97 16 0.00 98,133.00 7.62% CMAQ/ISTEA TRANSFER OUT 114,464.73 0.00 0.00 114,464.73 0.00% URBAN FORESTRY TRANSFER OUT 0.00 0.00 0.00 0.00 N/A LLEBG FUND TRANSFER OUT 40,699,_00 _ 23,600.20 SLEF (COPS) TRANSFER OUT 58,937.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 801,700.00 TRANSFER OUT 144,038.00 TOTAL LTG/LANDSCAPING FUND 945,738.00 INFRASTRUCTURE: REIMBURSE GENERAL FUND 205,395.00 TRANSFER OUT 3,422,286.22 TOTAL INFRASTRUCTURE 3,627,681.22 PROPOSED ASSESSMENT DISTRICT TRANSFER OUT 2,806,689,00 693.05 0.00 17,098.80 57.99% 0.00 58,243.95 1.18% 734,891.63 0.00 66,808.37 91.67% 129,504.96 0.00 14,533.04 89.91% 864,396.59 0.00 81,341.41 91.40% 188,278.75 0.00 17.116.25 91 67% 549,699.56 0.00 2,872,586.66 16.06% 737,978.31 0.00 2,889,702.91 20.34% 0.000.00 2,806,689.00 0.00% ()p CITY OF LA QUINTA 07/01/1998 - 05/31/1999 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 26,896,054.72 5,015,310.54 3,000.00 21,877,744.18 18.65% PROJECT REIMBURSEMENTS TO GEN FUN 882,012.16 136,211.95 0.00 745,800.21 15,44% TOTAL CAPITAL IMPROVEMENT 27,778,066.88 5,151,522.49 3,000.00 22,623,544.39 18.55% ART IN PUBLIC PLACES FUND PROJECT EXPENSES 99,300.00 114,753.18 0.00 (15,453.18) 115.56% CIP EXPENSES 83,499.00 20,002.00 0.00 63.497.00 23.95% TOTAL CAPITAL IMPROVEMENT 182,799.00 134,755.18 0.00 48,043.82 73.72% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 611,829.35 0.00 (611_,829.35) N/A EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 400,646.00 344,415.92 _ 0.00 56,230.08_ 85.97% E3. op � �l TdT 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: Year 2000 Project Status Report BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: The City of La Quinta continues to move forward with the Year 2000 (Y2K) Project. This monthly Y2K report reflects the progress achieved since June 15, 1999. Year 2000 Project Proaress Table % Complete Through This Month % Complete Through Last Month Estimated Completion Date Estimated Costs To Achieve Y21K Compliance DP & Non DP Systems DP Non DP DP Non DP DP Non DP DP Non DP Awareness 100% 100% 100% 100% 12/98 12/98 $500 $500 Assessment 100% 90% 100% 90% 02/99 07/99 $1,500 $1,500 Remediation 100% 90% 100% 80% 02199 06/99 $0 $0 Validation/Testing 90% 70% 80% 0% 05/99 07/99 $2,500 $2,500 Implementation 95% 15% 95% 0% 07/99 9/99 $9,000 $31,000 Revalidation/Retesting 0% 0% 0% 0% 07/99 9/99 $1,500 $1,500 Total Costs $15,000 $37,000 As shown on the progress table above, Data Processing (DP) hardware and software is 95% Y2K compliant. With the assistance of Southwest Networks, the City has achieved a high confidence level that DP systems will function properly on January 1, 2000. Non DP systems remaining to be assessed or tested are as follows: ► Traffic signals ► Civic Center alarms ► Mobile phones 7" e i U3 i TRAFFIC SIGNALS Recently, staff completed a City-wide traffic signal survey of the 31 signals located in La Quinta to assess if there are any Y21K problems that need to be corrected. The full report and supporting documentation is available in the Engineering Department for review. The results of the survey are summarized on the chart in Attachment 1. Of the 31 traffic signals located throughout the City, 10 are signals maintained by Caltrans, Riverside County or the City of Indio. The City is responsible for maintaining the 21 remaining signals. As shown on Attachment 1, all of the 21 signals maintained by the City have issues of non compliance with Y2K, depending on the component and manufacturer of each component. Each traffic signal has the following components: ► Controller ► Conflict monitor ► Vehicle detector ► Clock Although there are Y21K issues with all of the City -maintained signals, staff has identified some work -around solutions with vendors and has verified that vendors are working on upgrades to solve the problems. Further site surveys of the signals are required to determine all of the options available to upgrade signals for Y21K compliance. During the next 30 days, staff will continue to assess and test individual signals and work with vendors to ensure that Y21K components will be available. CIVIC CENTER ALARM SYSTEM The alarm system is still being assessed for Y2K compliance with the vendor. As soon as documentation is available from the vendor, staff will proceed with testing the system. MOBILE PHONES Nextell Phones has been slow in responding to staff requests for specific information on existing mobile phone systems. Nextel has disclosed that they are moving forward with making their products Y2K compliant. However, they have advised the City that it will not be until September 30, 1999 that they will have addressed all of the issues related to Y21K. SYSTEMS IDENTIFIED FOR Y2K COMPLIANCE The inventory conducted during the first half of the fiscal year evaluated the City's computer systems, software and related systems which may be affected by the Year 2000. The City's computer systems being evaluated are classified as DP or Non DP as follows: G 3;"l Data Processing Systems Various Software Applications Accounting Software Computer Operating Software File Server Systems THE Y2K TIME LINE Non Data Processing Systems Heating and A/C Phone Systems Mobile Phones Street Lights Traffic Signals Irrigation Software Stadium Lights Drainage Pumps Civic Center Alarm System The Y2K time line is divided into five stages; each stage serving to address the Y2K problem. As shown in the Progress Table above, the City is generally in the Validation/Testing and Implementation Stages of this time line. The actions taken and planned by the City for each stage relating to this project are as follows: Awareness Stage: The inventory audit portion of this stage was completed on November 11, 1998. On December 31, 1998, a Y2K survey letter was mailed to 34 organizations and vendors that do business with the City. The goal of the survey is to gather information from those entities that staff believes may impact the City if they do not comply with Y21K. Of the 34 surveys sent out, 28 organizations have responded to the survey. All 21 of the organizations that responded to the survey have made disclosures that they are complying with the Y21K problem (Attachment 2). Responses reflect that awareness of the Y21K problem is growing daily. As directed by the City Council on April 6, 1999, Y2K surveys were also sent to JFK Hospital and AMR Ambulance Company. Also, staff sent a second survey to the vendors that have not yet responded to the original survey sent out in December. On Monday, May 24, 1999, City staff held a meeting at the Senior Center to present the City of La Quinta's Y2K Readiness Review. The presentation team was made up of Mike Bizier of Southwest Networks, Inc., John Hardcastle from Building and Safety, and Juan Herrera and John Falconer from Finance. The Y2K presentation lasted over an hour, and included a 25-slide Power Point presentation, that was projected onto the screen at the Senior Center multi- purpose room. The purpose/goal of the meeting was to inform the public about what the City is doing to prepare its own computer systems for the Year 2000. Also, John Hardcastle informed citizens about what they can do to prepare for most disruptions in essential services. A list of home and family preparedness items were discussed during the presentation. 6 3 0 0:1 The turnout for the meeting was low, with only five members of the public being present. Mr. and Mrs. Fred Wolff, James Deboer and guest, and Megan Butler, were present for the Y2K meeting. Members of the City Council were also present for the discussion. One of the objectives of the meeting was to receive input from the public on their concerns regarding the Y21K issue. Mr. and Mrs. Wolff voiced concern about what La Quinta businesses are doing to prepare for Y2K-related problems. Mr. Wolff commended City staff on their progress in meeting the Y2K challenge. He also stated that the City should let the public know how far ahead the City of La Quinta is on addressing Y21K issues. Mrs. Wolff asked Mike Bizier about what citizens can do to make their PC's at home Y21K compliant. Mayor Pena stated that Y2K is not justa computer problem but an emergency - preparedness issue as well. Councilman Perkins stated that the Council should also meet with other agencies on the Y2K issue. Mr. Deboer, who stated he is an expert on the Y2K problem, made several comments regarding his concerns about Y2K. He felt the public should be concerned about global issues (i.e., the power grid, fuel availability, etc.) He also felt that government is too optimistic and is not doing enough to prepare the public for what could happen if computers fail when the new year arrives. Mayor Pena stated that there is a need to get the word out. He stated that public information needs to be provided now. The City's Y2K website continues to be updated monthly, following staff's monthly status agenda report to the Council. Assessment Stage: Assessment of DP systems has largely been completed. Non DP systems that still to be assessed for Y2K compliance include mobile phones, traffic signals and the Civic Center alarm system. Assessment of non DP systems will continue through July 1999. Remediation Stage: Remediation is an on -going process that works together with the Implementation stage. Remediation involves identifying options for replacing systems or locating new vendors to correct non compliant systems. The City's purchasing policy has been revised to require that all new computer systems have a Y21K compliance disclosure before they are purchased. Validation/Testing Stage: This stage was started the weekend of April 17, 1999, and 90% of DP hardware and software systems have now been tested for Y21K compliance. The methodology used to test computer systems was developed by Southwest Networks, Inc. The testing environment was created by changing all system dates to January 1, 2000 and then processing numerous transactions within all mission -critical software systems. Testing of all DP systems for Y2K compliance was highly successful. All of the DP hardware system (i.e., file servers, workstations, etc.) functioned properly when the dates were rolled over to January 1, 2000. DP software processed all transactions properly and sorted them correctly by date. The testing carried out on April 17th has proved that mission -critical DP systems will work on January 1, 2000. The following mission -critical DP systems were tested for Y2K compliance: Building & Safety Department ► Builders Square Program City Clerk's Department ► Questys City Clerk Program Code Compliance Office ► Code Track Program Finance Department ► ForFUND Accounts Payable ► ForFUND Business Licenses ► ForFUND Cash Receipts ► ForFUND General Ledger Accounting ► ForFUND Payroll ► ForFUND Project Management ► Lotus Approach Animal License ► Applications Software: Microsoft Office, Corel/WordPerfect Suite and Lotus Smart Suite. See Attachment 3 for detailed comments and results on the Y21K testing conducted by Southwest Networks. The problems that were encountered during the testing process were mainly in some of the reporting features. For example, some of the inquiry reports within ForFUND do not show Year 2000 activity when viewing them on the computer screen. However, printed reports do show the information. The underlying data in the accounting registers are recording transactions correctly. During the testing process, the Builders Square permit program encountered some problems with the numbering scheme in the year 2000 simulation. The program has a numbering problem which limits the number of permits the Builders Square program can issue. These problems are being worked out with the software vendors and are expected to be corrected within the next five months. As of this report date, traffic signals, mobile phones and the Civic Center alarm system have yet to be tested. Staff and Southwest Networks is working with system vendors to coordinate the testing process. v.3 N 005 Implementation Stage: Implementation has involved replacing, patching or upgrading all non compliant DP systems. Roughly 95% of upgrades have been implemented for DP systems, with the remaining 5% to be completed by July 1999. Non DP systems will be upgraded during the next two months. The heating and air conditioning and phone voice mail system upgrades are being ordered this month and are expected to be installed by September 30 ,1999. Southwest Networks will continue to assist the City in coordinating with vendors of phone systems and traffic signals to ensure adherence to the implementation schedule. Re-Validation/Retesting: All non -compliant systems that are replaced, patched or upgraded will be re -tested and re -validated for Y2K compliance after installation. This stage will begin in August 1999. Staff will continue to keep the City Council current on Y2K issues as information becomes available. The next monthly Year 2000 Project status report will be provided ` to the pity CouncU on September 7, 1999. ,+ohn M. Falconer inance Director Attachment 1 - Traffic Signal Summary Chart Attachment 2 - List of organizations responding to Year 2000 Survey Attachment 3 - Letter from Southwest Networks, Inc. on Y2K Testing Results u 3 i 00 ATTACHMENT NO. 1 z W U H Nll O O z'zlz zzl OlOI O O�O OI z zzlzlzi z� z z zl ' O� z Ol zi6O cl m IQOQ m m m mmm OQQlQ�O co cam , , , O jU I I (0 N c ; I d V V rntornNN N V N N CDcDOcoco(D N N N N N co U) N O Lo N 21 c c N (D u) c o c 0 N 8 0I ter. r, 1r r� U)�0in�n�n E E,I o .�' o; E E E E E 8 8 E 8,.8 E E E 8 8; E E 8 8 E 8 E 8 E 8 8 8 8 E 8 3 .8 s C, a. r.. Y N d U d a. O U m U v al O o O v NI NI c c NIA c N UI' NI c c c N Y 4' OOOOOI �'.. 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C d U N C R R R 7 1 J U= U I E W (DN O O tn, v1 O Vl'' R N u) O c!) 2 m N 7 O Rid C oty .0 U -a -a -a�.6 -a -a d C a8 atS c C C O' 7 ar 3 C' C C v C '� C j C v v' C o O (� c E Q ° co co c' °° E c `m c o of o'I o c 0 0 o j aM o of o d �I•- v, U U y C C 7. 3 F >> Q Q C C_ o> CI p, t, N C d)! c CI :E: t L C_ O O C L H C T o L t N N L L t C U L C t C N_ C N_ L r j t A L I.F- U j fN6I R Q'Q �� i6 U W U LL U R R R N_ W R j Q R �i RIB �i W W R «. >� IVl U R' >RR N >IV AIL U2 2 S S�S S S S �m (C N /h CO R C II R R C, C R R C c� R R C C R R 1 ri'`! F,� ATTACHMENT NO. 2 List of Organizations Responding to Year 2000 Survey Complying with Y2K? 1 California Department of Forestry/County Fire Yes 2. California Joint Powers Insurance Authority Yes 3. Coachella Valley Association of Governments Yes 4. Coachella Valley Water District Yes 5. Conrad & Associates, CPA's Yes 6. County of Riverside Yes 7. GTE Yes 8. ICMA Retirement Corporation Yes 9. Imperial Irrigation District Yes 10. Internal Revenue Service Yes 11. L.A. Cellular Yes 12. Lucent Technologies Yes 13. Map Info (GIS Software) Yes 14. Miller & Shroeder Yes 15. Muni Financial Yes 16. Nextell Phones Yes 17. Pitney Bowes Yes 18. Principal Financial Group Yes 19. Public Employees Retirement System Yes 20. Riverside County Employees Federal Cr. Union Yes 21. Riverside County Sheriff Yes 22. Riverside County Transportation Yes 23. Rosenow, Spevacek Group, Inc. Yes 24. Sun Line Transit Yes 25. Southern California Gas Company Yes 26. Transamerica Intellitech (Metroscan Software) Yes 27. Waste Management of the Desert Yes 28. Wells Fargo Bank Yes These organizations have disclosed significant progress towards complying with the Year 2000 problem. Yet, disclosures continue to include the caveat that successful Y2K compliance is dependent on pro active implementation of Y2K by all related parties. SOUTHWEST NETWORKS II COIP01AIE0 Business Computer Networks 4/30/99 TO: Juan Herrera From: Mike Bizier Subject: Y2K Special Project Y2K Testing 4/17/99 - File Server Rollover ATTACHMENT NO. 3 Both fileservers rolled over to 2000 with no problems. Workstations logging into the system then changed dates fine. There was a slight problem with LQ2 when it was rebooted. It lost the login directory. This is a documented problem by Novell and is not related to Y2K. It is an issue that can occur anytime a server is shutdown and brought back up on line. City Clerk's Office NEC computer rolled over to year 2000 properly. Questys software reconized year 2000 date and time stamped correctly. Building and Safety - Builders Square Software System logged into saw date change and adjusted time correctly. Permit numbering scheme is incorrect. Displays 0-001 but should display 0001-001. fie: 9901-001) Contractor info seemed to display correctly and the system correctly noted the expiration of Worker's comp insurance for contractors. Displays Date code correctly in inspections. The date field needs to be expanded to see all of 2000. The date field currently displays 200. This is a current visual display issue with Builders Square. Search for permits works, but code is incorrect. (See above) * * * Builder's Square is aware of Y2K issues and is working on an update U 77-848 Wolf Road, Suite 200, Palm Desert, California 92211 0 (760) 360-4900 0 w(760) 360-1166 0 E-wSWNetOix-netcom.com Code Compliance - Codetrack software System logged in and saw date change and time change. Code Track software defaulted to year 99 when creating new incident. Need to click special button and input "00" as the year. After manual change of year the system still displays the wrong incident code. The system displays 00101-001 and the correct display should be 000101-001. The first two digits are the year, next two: month, next two: day, with the three digit after the hyphen being the case number for that day. Date reported field is correct, but should be four digits, not two. Finds case during search, but with incorrect format. (00101-001) Finance - Forfund System logged in and saw date change and time correctly. When closing the current year, the system saw the year 2000 correctly. G/L Software has a problem when reporting data. G/L batches will post to correct period. Problem with reporting for periods after year 2000. Does not display account for period 7, Year 2000. Project Management /budget / GL figures and transactions record properly. Payroll Input date for paychecks, checks and printed local. • * * Check printer will be tested in May 15th. Check printer is a separate proprietary system. Post Payroll shows date of 2/29/20. Field needs to be expanded. Visual display problem. Date posts correctly to registers Accts Payable Displays date 01 /01 /20 - not 01 /01 /00. Batch posting was done with no problems and date for posting was in correct format 01 /01 /2000. Business License Account Master Mainentance files gives error. Business License certificates displays on screen properly but does not print properly. All systems and software In general all hardware systems functions with no problems. The main problems were with software programs and particularly, the display of dates in these software packages. Each software vendor should be contacted for Y2K compliance and fixes. Standard packages such as Windows 95/98, Lotus, Word Perfect, Excel and Novell client did not have any Y2K problems. This is consistent with other testing we have performed for agencies similar to the City of La Quinta. Na/ -,— .c9 DEPARTMENT REPORT: � o� U � Fr ZS � OF TNT v TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: July 20, 1999 RE: Public Works/Engineering Department Report for the Month of June 1999 Attached please find the following: 1. Summary of Citizen Request reports received; 2. Summary of Graffiti reports received; 3. Plan Check Applications received; 4. Encroachment Permits received; 5. List of Capital Improvement Project status; 6. Maintenance Report. Chris A. 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(n ct3J n U) C7 U N Y (n U E � c E — > N O U c C o y C o a) m M E N D 6 U 6 U 6 U o U c ( j .m d m o 0— c n 0 L) E U m u E c '- Z 0 m (n m 0 m to m >= > (n LU [[ N Inn N C N 7 C7 C7 C7 (7 o 0 a6 — a) E N O E C O c V m m m m 00 C7 m= T= > U p a)nco 7 oU a 0 0 0 Nm> Q= - O ZV) m (n J = U U m a) O M LO (D r` m a) O N M� (D - rn(na)a)a)a) Z,r,mmmmmmmmrn a) a) a) a) a) (7) a) a) a) (3) (7) a) Q) (7) O O (7) N N N N N N N N N N N N N (N N N N (3) a) a) a) a) a) a) O a) a) Q) a) a) a) O a) Q) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) a) W rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn Q M M a) m O d d (D n It 0 0 0 D O O O O O O N (V M M M cc 0 0�o 0(D 0(D O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E' 41 00J:.� MONTHLY PROJECT STATUS SUMMARY Capital Improvement Projects F/Y 1997/98, 1998199 June 1999 Project Name/No. Contract Complete Complete Scheduled Amount last to Date Construction Month Start/Completion PM1 JO Imprvemnts / 97-01, Calle $720,375 0% 100% Sep 5, 1997 Jan 27, 1998 Tampico Bicycle Path / 97-04 complete NTP Washington St./Ave. 48 Signal / $97,379 0% 100% Nov 1, 1997 Dec 1, 1997 97-02 complete Dune Palms/WWR Crossing / $449,449 0% 100% Jan 5, 1998 Apr 6, 1998 97-06 complete Fritz Burns Park Imprvmnts. / $169,400 0% 100% Nov 12, 1997 Jan 5, 1998 97-07 complete Fritz Burns Park Pool $523,000 0% 100% Feb. 1998 May 1998 Eisenhower Median Landscape $315,730 0% 100% April 1998 July 1998 98-01 Award 4/7/98 Hwy 111 Median Landscape $49,000 Award 0% 100% July 1998 Sept 1998 Rehab. 98-04 6/16/98 City Entrance Monuments 98-05 $257,100 0% 0% July, 1999 Sept, 1999 Award 5/18/99 Miles Ave/Washington St. $1,310,649 0% 100% Sept 21, `98 Mar 12, 1999 Imprvmts / 98-07 NTP Hwy 111/Plaza La Quinta Signal $247,178 0% 100% Sept 1998 Oct 1998 & Sidewalk Improvements 98-08 Award 8/18/98 Washington St. Widening/ Ave 50 $2,428,700 0% 0% Sept, 1999 March, 2000 to Village Ctn. 98-09 Award 6/22/99 Various Citywide Sidewalks, $121,727 0% 100% Nov 2, 1998 Dec, 1998 Ramps & Bus Turnouts 98-13 Award 9/15/98 NTP Parc La Quinta Electrical Under $126,430 5% 100% Jan 1999 July 1999 grounding 98-14 Fritz Burns Park/ Bear Creek Bike $219,807 0% 0% July 1999 Nov 1999 Path Retrofit/rest stops 98-16 Jefferson Street Improvements $6,876,876 0% 0% Dec, 1999 Nov, 2000 HWY111 to Ave 54, 99-05 Award 6/29/99 Ave 50 Median Landscape /99-01 $210,000 0% 0% July, 1999 Sept, 1999 I Award 1 / I':AP\vllEP'l\CIPDIV�1PSSh9S'r RF1'0RT`9906n1psmst.vvpd G) l) Xerued 7112199 006) 11 xx X. . .. . .. . . .. .... N xx� x -X X. X Noll IIII gill 11 Niglio 11111111 IN 11111111 gill moll ... I xx ...... .... X N. X X DEPARTMENT REPORT: N'�t► U � �OF TNY' TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: July 20, 1999 RE: Washington Street Speed Study from Eisenhower Drive to Avenue 50 During the June 22, 1999 City Council Study Session, the City Council discussed the sound impact study for Montero Estates. During this discussion, the City Council requested information in regard to the traffic speed survey that was completed on Washington Street that established the 50 MPH speed limit fronting Montero Estates. On July 30, 1997 a speed survey was conducted for a number of streets within the City of La Quinta. The purpose of this survey was to provide the critical speed (85`h percentile) in order to establish a legal posting for City streets. Street segment 33, as listed in the study, is Washington Street in the segment from Eisenhower Drive to Avenue 50. A copy of the incremental speed comparison table is included with this memorandum for the City Council's information. The number of northbound vehicles in this segment during the study was 105, with the 85`" percentile at 55 MPH. The southbound segment totaled 98 vehicles which traveled at 58 MPH. The average critical speed of both directions was 56 MPH. The ten mile per hour pace speed was averaged anywhere from 46 to 55 MPH with 66% of the vehicles within the average pace speed. The average speed resulting was 50 MPH, which was the recommendation to the City Council. The City's SMART unit was placed on Washington Street fronting Montero Estates on June 29, 1999 through July 2, 1999 and July 6, 1999 through July 9, 1999 for public education of the posted speeds. The City Council also requested the cost estimate for removal of the existing pavement wearing course from Washington Street fronting Montero Estates and replacing the pavement with a minimum 1" rubberized asphalt overlay. Public Works staff will obtain a cost estimate from E.L. Yeager Construction and forward the cost estimate to City Council for consideration in the near future. If you have any additional questions, please feel free to contact me. CAV/acs cc: Thomas P. Genovese, City Manager '1'VPWDEPTVCOUNCILA1999A990712Deptwpd Page 1 of I Table 4 City of La Quinta Incremental Speed Comparison Street Segment: Critical - 85% speed NIB SIB E/B W/B Veh.85% Veh.85% Veh.85% Veh.85% Average Critical Speed 10 MPH Pace Avrg. Percent Veh. ir Pace Average Speed RecrmnPnded Speed Jefferson St. 23.- Fred Waring to Miles Ave, 71 56 100 54 55 44 - 53 64% 49 50 24.- Westward Ho to H_�hway 111 72 45 100 44 44.42 45 -.43 68% 39 40 25.- Avenue 48 to Avenue 52 77 52 140 51 52 42 - 51 65% 45 50 26.- Avenue 58 to Schwabecker Rd. 28 39 25 39 39 26 - 35 68`1 32 40 Madison St. 27.- Avenue 54 to Avenue 58 121 54 154 54 54 43 - 52 49% 45 50 Miles Ave. 28.- Washington to Jefferson E-W 100 v 58 58 49 - 58 68% 52 50 Park Ave. 29.a-Avenue 50 to Muirfield Way E-W 100 v 38 38 29 - 38 74% 33 30 b-Muirfield Way to Calle Tampico E w 100 v 38 38 29 - 38 74': 33 35 Washington St. 30.- Fred :Daring to Channel 100 58 101 56 57 49 - 58 64% 51 50 31.- Channel to Highway 111 100 55 98 55 55 47 - 56 69% 50 50 32.- Highway 111 to Eisenhower 97 55 94 54 54 45 - 54 66% 49 50 33.- Eisenhower to Ave. 50 105 55 98 58 5� 46 - 55 66% 50 50 34.- Ave. 50 to Avenue 52 103 52 96 50 51 41 - 50 67% 45 50 Westward Ho 35.- Adams St. to Roadrunner Ln. 204 38 159 38 38 24 - 33 55% 30 35 9704-t1m Table 4 City of La Quinta Incremental Speed Comparison Table 4 City of La Quinta Incremental Speed Comparison Street Segment: Critical - 85° speed NIB Veh/BSo eS/B E/L' W/B h.85% Veh.85@ Veh.85o Average Critical Speed 10 MPH Pace Avrg. Percent Veh. in Pace verage Speed I Recommended Speed Adams St. 1.- Fred Waring to Miles Ave. 55 47 48 49 48 69 - 78 44% 40 45 2.- Miles Ave. tb Highway ill 76 39 80 36 38 29 - 38 67e 33 35 3.- Highway 111 to Avenue 48 55 55 45 56 55 43 - 52 61e 49 50 Avenue 50 4.- Eisenhower to Washington 55 51 46 51 51 41 - 50 59e 44 45 5.- Washington to Jefferson 116 52 364 48 50 40 - 49 28°s 42 45 Avenue 52 - Calle Sinaloa 6.- Eisenhower to Bermudas 36 43 70 40 41 33 - 42 74°s 36 40 7—Bermudas to Washington 130 48 112 51 50 40 - 49 68°s 44 50 8.- Washington to Jefferson 108 53 67 54 53 44 - 53 640 48 50 Avenue 54 9.- Madison to Jefferson 108 51 106 52 52 38 - 47 59e 44 50 Avenida Bermudas 10.- Tampico to Ave. 52/ Sinaloa 55 36 49 38 37 28 - 37 75% 32 35 ll.- Avenue 52 to Tecate 107 48 99 47 47 36 - 45 64a 'i 45 Calle Tampico 12.- Eisenhower to Washington 100 49 100 47 48 37 - 46 67; 42 45 13.- Washington to Park Ave. 48 39 52 40 39.52 31 - 40 69a 34 35 Desert Club Dr. 14.- Sprintime Way to Ave. 52 49 28 58 27 28 16 - 25 620 21 25 Dune Palms Rd. 15.- Fred Waring to Miles Ave. 80 50 88 42 46 34 - 43 53a 36 45 16.- Miles to Westward Ho 41 52 39 51 51 39 - 48 580 44 45 Eisenhower Dr. 17.- Washington to Tampico 355 50 104 47 49 38 - 47 570 42 45 18.- Tampico to Tecate 34 40 69 42 41 30 - 39 72° 36 35 Fred Waring Dr. 19.- Washington to Jefferson 59 55 106 54 54 45 - 59 75o SG 50 Highway Ill 20.- Washington to Mount.Cove Dr. 100 52 100 55 54 43 - 52 100 48 55 21.- Washington to Adams 104 54 100 53 54 41 - 50 53° 46 55 22.- Adams to Jefferson 42 5"' 58 60 58 48 - 57 79e 50 55 C: ;s= Table 4 ty of La Quinta atal Speed Comparison DEPARTMENT REPORT: N-3 �a�� •c9 � oz U - � fir, = Fr O F TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer ri DATE: July 20, 1999 RE: Speed Humps During the June 22, 1999 City Council Study Session, an issue was raised regarding the placement of speed humps within the Village Residential area. The existing "pavement hump" located on Calle Cadiz was actually placed to divert drainage run off away from the existing homes. This was not placed as a means of controlling traffic speeds. During the June 29, 1999 City Council Meeting, the City Council requested information regarding speed humps and the City's legal ability to utilize speed humps as a traffic speed controlling device. The concept of speed humps has been utilized for some time as a measure of traffic speed control. Although speed humps have been used, they are not an officially approved standard by the state as a traffic control measure. The Institute of Transportation Engineer's (ITE) has created a standard for speed humps. Speed humps and speed bumps are two separate treatments. Speed humps range in width from 6' to 12' wide and extend entirely across the paved area with gaps only at the curb and gutter. They are slightly rounded on the edges and have a maximum depth of approximately 4 1 /2" (+ or - 1 /2"). They are usually marked with diagonal striping to indicate obstruction. The spacing on speed humps varies, but usually is approximately 400' from center to center. Studies have indicated that speed humps reduce traffic speeds by approximately 5 mph. Speed bumps are usually in parking lots and are approximately 6" wide by anywhere from 4" to 6" high. I would not recommend the installation of speed bumps on City streets. The City has the authority to place speed humps as traffic control measures on City streets. The installation of each speed hump costs approximately $2,000 to $3,000. Street sweeping is ineffective in the location of the speed hump. The speed hump has to be removed and replaced each time the City street is overlayed or slurry sealed. U 0 , T-\PWDEPTVCOUNCILA999A990702Dept. wpd Page 1 of 3 Although studies have indicated that speed humps reduce traffic speeds by 5 mph, a number of other items must be considered. They are as follows: There have been a number of claims regarding vehicles "bottoming out" on speed humps, thus causing damage to the undercarriage of the vehicles. 2. In order for the street to drain properly, the speed hump does not extend all the way to the curb and gutter. This is to allow the flow of water continuously and disallow the damming of the curb and gutter by the speed hump. Motorists tend to swerve when approaching speed humps so that only two tires go over the speed humps. Accidents have occurred due to loss of control by people swerving to miss the speed hump and hitting the curb and gutter. This results in damaged curb, damaged vehicles, and vehicles deflecting back into oncoming traffic. 3. The cost of the speed humps is prohibitive at $2,000 to $3,000 each and must be replaced each time the road is overlayed or slurry sealed. 4. Street sweeping is ineffective in the location of speed humps. 5. Although speed humps slow traffic, care must be taken for proper spacing, to avoid increased speeds between speed humps. Motorists tend to slow down to go over speed humps and then accelerate between speed humps. This also increases noise between the speed humps. 6. Complaints have been received regarding speed humps that are installed directly in front of a house. Additional street noise is generated from bouncing vehicles going over the hump. Many people, although originally in favor of speed humps, state they do not wish the speed hump to be in front of their property. For this reason, if speed humps are installed, care must be taken to place the speed humps on property lines. 7. Emergency services have voiced their opposition to speed humps, stating that they reduce response time. This issue was discussed with the La Quinta Battalion Chief, Doug McCain. Chief McCain stated that speed humps do slow down response time; however, the Fire Department does not view this as a big problem if the speed humps are low enough and rounded so they may negotiate them at a higher rate of speed without causing damage to their vehicles. Although this may be a solution to emergency vehicle response time, it would render speed humps ineffective as soon as the motoring public realizes that the speed humps can be negotiated at a higher rate of speed. 8. When speed humps are placed on a street, traffic usually avoids that street. Although this may be desirable for the residents of the street requesting speed humps, adjacent streets that run parallel to the street with speed humps observe an increase in traffic. Soon the residents on the parallel streets are requesting speed humps. For this reason, most surveys or petitions, require U04 T.\PWDGPT\COUNCILU999\990702Dept. wpd Page. 2 of 3 requesting speed humps. For this reason, most surveys or petitions, require signatures not only from the residents on the street requesting the speed humps, but from adjacent parallel street property owners with a full disclosure of the possible impacts. Speed humps have been utilized as a traffic calming device. Other traffic calming devices for consideration that may not provide quite as large an impact to the City's budget and the residents are as follows: 1 . Narrowing of streets (newly constructed streets) 2. Traffic islands at intersections 3. Narrowing of street entrances In October 1998, the Rancho Mirage City Council approved a pilot program in which three 3 1 /2" high speed humps were placed on Magnesia Falls Drive. Included with this report is a copy of the City of Rancho Mirage Staff Report discussing the results of the pilot program. According to the staff report, the program was a success; however, each situation must be viewed separately in order to determine the effectiveness and impacts of installing speed humps. In summary, this information is not to discourage the City Council from considering speed humps as traffic calming devices. The City is well within its authority to place speed humps on City streets. However; the City must take care on the street chosen to utilize speed humps as a traffic calming device. It is not recommended that speed humps be placed on any street other than local streets and the decision for placement of speed humps should be made only after all other remedies of speed enforcement have been exhausted. A number of other cities have utilized speed humps as traffic calming devices including Rancho Mirage, Chino Hills, and Los Angeles. The cost of each speed hump is anywhere from $2,000 to $3,000 and emergency services have stated that speed humps lengthen the response time by slowing the emergency response vehicle. If you have any additional questions, please feel free to contact me. CAV/acs cc: Thomas P. Genovese, City Manager _\PWDEP71c0UNC1L\1999\990702Deptwpd Page 3 of 3 STAFF DATE: ,luil,�, 1999 TO: City Council ° COUNCIL DISTRICT: __ALI,_. FROM: Bruce B. Harry, Jr., Director of Public Works SUBJECT: Report on the Magnesia Falls Drive Speed Humps; Policies and Procedures for Future Use SPECIFIC REQUEST OR RECOMMENDATION: It is recommended that the City Council: (1) Permit the existing 3 1/2-inch high speed humps on Magnesia Falls Drive to remain for an indefinite period of time. (2) Direct staff to develop a "Policies and Procedures Guide" for the consideration and installation of future speed humps. JUSTIFICATION OR INFORMATION: In October of 1998, the City Council approved a staff recommendation to install three 3Y2-inch high speed humps (for a six-month trial period) on Magnesia Falls Drive between the Rancho Las Palmas shopping center and Joshua Road, The Council's decision to install these speed humps was in response to a majority request of the residents who live on this street in an effort to control speeding vehicles. The three 3'/2-inch high speed humps, spaced at 350 foot centers, were installed (at a cost of $3,000) by City staff in accordance with the Federal Highway Administration's (FHWA) latest design standards. Staff has performed follow-up study to determine what effects the speed humps have had on controlling vehicle speed, and the results have shown a significant reduction in the prevailing speed (85th Percentile Speeds) with no reported accidents or vehicle damage claims. The recorded prevailing speed on Magnesia Falls Drive prior to the speed humps was 44 m.p.h,, and after installation of the speed trumps the prevailing speed dropped to 27 m.p.h,, a significant decrease. The technical data resulting from the speed study is included as an attachment to this report. Although speeds were reduced, several difficulties were observed +CIYY COUNCiI ACTION: �j ;� r� AGENDA ITEM 004 Approved as Requested: Approved as Amended: Denied. Other: Referred to: _ For. Cont. To Agenda of. Hearing set: __ Report or Speed Humps Page 2 JUSTIFICATION OR INFORMATION CONTINUED: which were primarily attributable to the height of the 3'Iz-inch humps, such as: pavement scarring, increased noise of vehicle braking and accelerating near the humps, complaints from residents on street vibrations, a substantial differential in speeds along the street 0 9 m.p.h. at the humps and 29 m,p. h. between the humps), and concerns from Fire Department personnel on the potential 01, increased emergency response times. However, as time has passed, the majority of these difficulties have positively resolved themselves. Public reaction (not from residents on Magnesia Falls Dr.) to the speed humps was substantially negative during the first several weeks, but subsided nearly entirely after a couple of months. A meeting with the Magnesia Falls Drive residents shortly after the installatior, of the speed humps indicated that they were pleased with the City's response to their concerns, but felt that the humps were to short and there was a need for a forth i'lump. They also felt that the amount of cut-thru traffic had not decreased, but were hopeful that the Ranchc Las Palmas shopping center entry modifications would mitigate this concern. As a result of the shopping center entry modification3, field observations have validated that eastbound traffic on Magnesia Falls Drive has been significantly reduced, but a few residents still feel that there is a reed for a forth speed hump near Joshua Road. Staff is recommending that Policies and Procedures be developed for the use and installation of speed humps, and that these Policies and Procedures be adopted by the City Council as soon as possible. Staff has already been working on the development of a proposed Policy and Procedure Gnuideline and can present them to the City Council at their .July 27, 1999 meeting. In conclusion, the Magnesia Falls Drive speed hump experiment has demonstrated that speed humps can be an effective method of controlling speeds on residential streets, The speed humps, when properly designed and spaced, can provide adequate speed control which satisfies the local residents and daily motorists, The following are the primary findings and conclusions of the Magnesia Falls ✓rive speed hump experiment. Speed humps significantly reduce the prevailing speeds on Gesidential streets, 2.. There have been no accidents or vehicle damage claims reported as a result of the speed ?lump installations. In California, there are about 500 public streets where speed humps have been installed. The earliest installation± of speed humps occurred in '1979 and there have been no documented cases of cities being sued over their installation. 3. There has not been enough time to study whether speed humps are effective in diverting traffic, but it is logical to conclude that some motorists would tend to alter their path of travel due to the inconveniences speed humps pose to motorists. �. AGENDA ITEM �'' 005 Report on Speed Humps Page 3 JUSTIFICATION OR INFORMATION CONTINUED: 4. Public reaction (non-resident) although initially opposed (due primarily to the surprise of the new devices) usually subsides substantially thereafter. b. Residents of Magnesia Falls Drive generally agree that the speed humps Q Y2 ") have had an overall beneficial impact on their street, do not find noise a severe problem and overwhelm- ingly favor their continuation; and d. Fire Department personnel have expressed concerns about the possible wide spread proliferation of speed humps on r cid . ia!_ pu lid streets. However, they Urge that they be restricted for use on residential streets and not be installed on non-residential streets as well as critical access routes to hospitals. The paramedics still have concerns about the effects the humps have on their emergency response times and patient comfort during transport, but have not requested that speed humps be banned from use. Rased on the Magnesia Falls Drive speed hump experiment and other documented experiments in other cities, staff concludes that the use of speed humps in controlling speed on local residential s-,reets is effective and recommends their use only if Policies and Procedures are adopted by the City Council. The use of speed humps on any non-residential public street is not recommended and should never be considered. It should be noted that with the development of the Policies and Procedures Guide for speed humps, criteria can be established to limit their use. For example, if traditional means such as police enforcement of speeding is not effective, then the use of speed humps can be reviewed and considered by the Engineering Department. Staff feels that strict criteria can be established that would allow staff to review requests for speed humps that would oe presented to the City Council or consideration. AGENDA ITEM TWtv 4 4a Q" COUNCIL/RDA MEETING DATE: July 20, 1999 ITEM TITLE: Public Hearing on Tentative Tract Map 28409, a Request for a One Year Time Extension for a Previously Approved Single Family Subdivision of 19 Lots and Other Common Lots on 9.15 Acres Located on the North Side of Avenida Montezuma and West of the Yucatan Peninsula Neighborhood (Applicants: Mr. Charles B. Murphy and Mr. Lynn R. Kunkle) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Adopt a Resolution of the City Council approving a one year time extension for Tentative Tract Map 28409, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND _OVERVIEW: The site is vacant and located on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of the Yucatan Peninsula residential neighborhood (see Attachment 1). The Bear Creek Bike Path was completed in the early 1990's, and runs along the Avenida Montezuma frontage. On May 6, 1997, the City Council approved TTM 28409 by adoption of Resolution 97- 36, creating this subdivision of the 9.15 acre site into 19 single family lots for custom homes with private streets and common retention basin (see Attachment 2). Lots are 12,000 square feet and larger. STCC TR28409x - 34 [ (� On November 18, 1997, the City Council approved changes to the lot pad elevations in order to conform with existing site topography by adoption of Resolution 97-90 (See Condition 26). Project Request The applicants have applied for a one year time extension as required by Condition 2 of Resolution 97-90. A copy of their written request is attached (see Attachment 3). Public Notice: This request was advertised in the Desert -Sun newspaper on July 7, 1999, and mailed to all property owners within 500 feet of the Tract boundaries. No written correspondence has been received. Any comments received will be distributed at the meeting. Public Agency Review: On May 14, 1999, the applicant's request was sent to public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission considered this time extension request at its meeting of June 22, 1999, and by a 5-0 vote recommended approval by adoption of Resolution 99-049, subject to Conditions of Approval. A copy of the minutes is attached (see Attachment 4). FINDINGS AND ALTERNATIVES: Findings necessary to approve this time extension request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: Adopt a Resolution of the City Council approving a one year time extension for Tentative Tract Map 28409, subject to Conditions of Approval; or 2. Do not approve the one year time extension request; or 3. Provide staff with alternative direction. J STCC TR28409x - 34 Respectfully submitted, J rry erman, Co munity Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Tract Map Exhibit 3. Time Extension Letter 4. June 22, 1999 Planning Commission Minutes (Excerpt) 5. Large Tract Map Exhibit (City Council only) STCC TR28409x - 34 4�LJ RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 28409, FOR A 19-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 9.15 ACRES CASE NO.: TENTATIVE TRACT MAP 28409 (EXTENSION #1) APPLICANTS: C. B. MURPHY AND L. R. KUNKLE WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of July, 1999, hold a duly noticed Public Hearing to consider a one year time extension for a previously approved subdivision of 19 single family lots on a 9.15- acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of Avenida Juarez; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22d day of June, 1999, hold a duly noticed Public Hearing to consider a one year time extension for a previously approved subdivision of 19 single family lots on a 9.1 5-acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of Avenida Juarez. The Planning Commission adopted Resolution 99-049 recommending approval of the first time extension on a 5-0 vote. The site is described as: Portion of the SW 1 /4 of Section 1, T6E, R6E, SBBM (APN: 773-030-009 and -012) WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of May, 1997, hold a duly noticed Public Hearing for Tentative Tract Map 28409, and on a 5-0 vote, adopted Resolution 97-36 approving 19 single family lots on a 9.1 5-acre site, generally on the north side of Avenida Montezuma, east of the Bear Creek Channel and west of Avenida Juarez; and WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of November, 1997, hold a duly noticed Public Hearing to consider changes in pad heights for the tract, and by unanimous vote adopted Resolution 97- 90, approving said changes requested by the applicant; and :m t f Li_�7 Resopc.Tr. 28409X - 34 Resolution 99- TTM 28409, Extension #1 July 20, 1999 WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The City Council certified Environmental Assessment 96-335 for this project on May 6, 1997, by adoption of Resolution 97-35 stating the project will not have a significant impact on the environment based on Conditions. This time extension request does not require a new environmental assessment; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings: A. The proposed map is consistent with the City of La Quinta General Plan, Zoning Code, and Subdivision Ordinance in that the property is designated Medium Density Residential (4-8 dwelling units per acre) per the General Plan. The project density is two dwellings per acre which is under the maximum level for the MDR District. Tentative Tract Map 28409 is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element provided conditions are met. Parkland fees shall be paid to the City to develop parks within the City pursuant to the provisions contained in the General Plan (Chapter 5) and Subdivision Ordinance. The site is zoned RM and subject to special restrictions such as a one story height limit (17' maximum) and 10,000 lot sizes. The proposed lots are larger than 12,000 square feet and designed for custom single family houses in compliance with City requirements. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans in that all streets and improvements in the project, as conditioned, will conform to City standards as outlined in the General Plan and Subdivision Ordinance. All on -site streets are private and designed per the standards of the Circulation Element (Chapter 3.0) of the General Plan. Access to the Tract will be from Street Lot "A" on Avenida Montezuma. The density and design standards for the Tract will comply with the Land Use Element (Chapter 2.0) of the General Plan. Resopc.Tr. 28409X - 34 065 Resolution 99- TTM 28409, Extension #1 July 20, 1999 C. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that this previously graded site is vacant and suitable for development based on the environmental studies prepared for the project that are on file. Furthermore, mitigation measures and Conditions are recommended. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. 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. The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve Tentative Tract Map 28409 (Extension #1) for the reasons set forth in this Resolution and subject to the attached conditions. Resopc.Tr. 28409X - 34 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 201h day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California e i , ULI� Rcsopc.Tr. 28409X - 34 V RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28409, EXTENSION #1 MURPHY/KUNKLE JULY 20, 1999 GENERAL 1. Upon their approval by the City Council, a memorandum noting that City Conditions of Approval for a development application exist and are available for review at City Hall, shall be recorded against the property with the Riverside County Recorder's Office. 2. Tentative Tract Map 28409 (Extension #1) shall comply with the requirements and standards of § §66410-66499.58 of the California Government Code (the Subdivision Map Act) and Title 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. This map expires on May 6, 2000, unless extended pursuant to the provisions of the Subdivision Ordinance. 3. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For subdivisions requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance CondPC T28409CC-34 1 -� l `� 00'3 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 6. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 7. The applicant shall dedicate public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedications required of this development include: A. Lot A - Private Entry Street - 40-foot to 46-foot width. B. Lot B - Private Street - 37-foot width. C. CVWD maintenance road along Bear Creek Channel - Adequate right of way to accommodate existing roadway as approved by the City Engineer. 8. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. CondPC T28409CC-34 2�' Resolution 99- Tentative Tract Map 28409, Extension #t1 July 20, 1999 9. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Avenida Montezuma - 10 feet The minimum width may be used as an average if a meandering wall design is approved. For developments with public interior streets, perimeter setback lots shall be dedicated to the City. For developments with private interior streets, perimeter setback lots shall remain in private ownership. Where public sidewalks are required on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 10. The applicant shall vacate abutter's rights of access to Avenida Montezuma from lots abutting the street. Access to this street shall be restricted to access points listed hereinafter or as approved by the City. 11. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, bike paths, and common areas. 12. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 13. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. CondPC T28409CC-34 3 0 0 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 IMPROVEMENTPLANS 14. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. IMPROVEMENT AGREEMENT 17. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map CondPC T28409CC-34 4 {� 1 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Title 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 18. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 19. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction sequencing plan for that phase is approved by the City Engineer. 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (ie: retention basins, perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the City Engineer. GRADING 21. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with CondPC T28409CC-34 5 Resolution 99- Tentative Tract Map 28409, Extension ##1 July 20, 1999 other wind and water erosion control measures approved by the Community Development and Public Works Departments. 22. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 23. The applicant shall comply with the City's flood protection ordinance. 24. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 25. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 26. The applicant shall match building pad elevations of existing residential lots along the east boundary of the subdivision unless otherwise approved by the City Engineer. Building pad elevations on contiguous lots within this subdivision shall not differ by more than three feet except for lots not sharing common street frontage where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance with the proposed development. The revised Grading Plan, dated October 13, 1997, is consistent with the requirements of the City's Subdivision Ordinance. CondPC T28409CC-34 6 6 � i G13 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 27. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE 28. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 29. Stormwater shall normally be retained in common retention basins. Easements for drainage to the retention basin shall be provided as required by the City Engineer. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2'/2 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. If individual -lot retention is approved, the applicant shall meet all individual -lot retention provisions of Chapter 13.24, LQMC. 30. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. 31. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 32. Retention basin slopes shall not exceed 3:1 . If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. CondPC T28409CC-34 7 7 014 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 33. In developments for which security will be provided by public safety entities, i.e.: the La Quinta Building and Safety Department or the Riverside County Sheriff's Department, all areas of common retention basins shall be visible from the adjacent street(s) as deemed necessary. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 35. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 36. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 37. If any storm water or nuisance water from this development is proposed to drain to off -site locations, the applicant may be required to design and install first -flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize conveyance of contaminants to off -site locations. Drainage to off -site locations and methods of treatment or screening shall meet the approval of the City Engineer. If the applicant utilizes direct drainage of stormwater to the Bear Creek Channel, the Homeowners' Association for this development shall be responsible for any sampling and testing of effluent which may required under the City's NPDES Permit and for any other obligations and/or expenses which may arise from the direct discharge of the development's stormwater to the channel. The Tract CC & R's shall reflect the existence of this potential obligation. UTILITIES 38. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. CondPC T28409CC-34 �3 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 39. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 40. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street and traffic improvements required herein. 41. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: PRIVATE STREETS AND CUL DE SACS 1) Lot A (Entry Drive) - 40- to 46-feet (curb face to curb face) with 2-foot median. The applicant shall modify the vertical and horizontal alignment of the existing Avenida Montezuma bike path at the entry drive as required by the City Engineer. 2) Lot B - 36 feet wide. 3) Cul de sac curb radius - 45'. Features contained in the approved construction plans may warrant additional street widths or other measures as determined by the City Engineer. ConcIPC T28409CC-34 9 0 1 G Resolution 99- Tentative Tract Map 28409, Extension ##1 July 20, 1999 42. Vehicular access shall be restricted to the entry drive, the centerline of which is located approximately 300 feet westerly of the southeast corner of the subdivision, and to any approved emergency access. 43. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 44. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 45. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 46. Street right of way geometry for cuts de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 47. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas and to facilitate street sweeping. 48. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). CondPC T28409CC-34 10 () ! 1 1i 017 Resolution 99- Tentative Tract Map 28409, Extension t#1 July 20, 1999 The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 49. Prior to occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along access routes to those buildings. If on -site streets are initially constructed with only a portion of the full thickness of pavement, the applicant shall complete the pavement when directed by the City but in any case prior to final inspections of any of the final ten percent of homes within the tract. LANDSCAPING 50. Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. 51. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Avenida Montezuma. 52. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect and comply with Chapter 8.13 LQMC. The CondPC T28409CC-34 11 013 Resolution 99- Tentative Tract Map 28409, Extension 1#1 July 20, 1999 perimeter wall and landscaping improvements shall be approved by the Planning Commission. After approval from the Planning Commission, landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 53. Slopes in landscape areas shall not exceed 5:1 within public rights of way and 3:1 outside the right of way. 54. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18-inches of curbs along public streets. 55. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 56. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 57. The perimeter landscaping and irrigation plan shall be reviewed and approved by the Planning Commission prior to building permit issuance for the houses within the Tract. Palm trees installed along Avenida Montezuma shall have a minimum brown trunk height of 8-feet, and no less than 80 percent of the trees along Avenida Montezuma shall be 24"- or 36"-box specimen trees (e.g., minimum 1 .75" to 3" diameter trunk width per tree type) with remaining trees 15 gallon in size with 1 " trunks. Ground mounted lighting shall be used periodically to accent the parkway trees. Shrub spacing shall be 3'-0" on center unless plant types are clustered to form distinctive design themes. The parkway landscaping shall be installed either during construction of the Tract improvements or prior to the release of a Certificate of Occupancy for any house. 1} ph,l CondPC T28409CC-34 12 V 13 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 The developer shall work with the Public Works Department to insure that the planned landscaping improvements along Avenida Montezuma are consistent with the City's plans under the Urban Forestry project. 58. The screen wall along Avenida Montezuma shall be decorative and include pilasters at 50-foot intervals (Chapter 9.60 of LQMC). Wall openings are encouraged. The wall shall vary in height either by grade elevation changes at 100-foot intervals or fluctuations in height, but not exceed six feet in overall height. If additional height is determined by an applicant prepared acoustic study, it shall be provided by berming beneath the wall. The design and location of the screen wall shall be reviewed and approved by the Planning Commission during review of the parkway landscaping. The perimeter Tract wall, excluding Avenida Montezuma, shall be constructed using tan slumpstone masonry blocks or other decorative material(s) which is compatible with the project entry wall design. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 60. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. 61. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 62. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As - Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant 6 -r 0 CondPC T28409CC-34 13 `" Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 63. The applicant shall make provisions for continuous maintenance of drainage, common and perimeter landscaping and on -site street improvements by a Homeowners Association (HOA). The applicant shall maintain off -site public improvements until final acceptance of improvements by the HOA. 64. The applicant shall provide an executive summary maintenance booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. FEES AND DEPOSITS 65. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 66. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 67. Parkland fees shall be paid prior to final map approval as required by the Subdivision Ordinance (Chapter 13.48). FIRE DEPARTMENT 68. Schedule (A) fire protection approved Super fire hydrants (6" X 4" X 2'/2" X 2'/2 ") will be located at each street intersection spaced not more than 330-feet apart in any direction with any portion of any frontage more than 165-feet from (in CondPC T28409CC-34 14 V � Resolution 99- Tentative Tract Map 28409, Extension ##1 July 20, 1999 a fire hydrant. Minimum fire flow will be 1,000 g.p.m. for a two-hour duration at 20 psi. 69. Prior to recordation of the final map, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review and approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be approved and signed by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 70. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 71. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire, Public Works and Community Development Departments for review/approval prior to installation. MISCELLANEOUS 72. All houses constructed shall comply with the Uniform Building Code in effect when the plans are submitted for plan check to the Building and Safety Department. 73. The Tract layout shall comply with all Zoning Code requirements. 74. Prior to final map approval, Covenants, Conditions and Restrictions (CC and R's) shall be submitted to the City Attorney for review and comment. The CC and R's shall be recorded with the Riverside County Recorder's Office and a recorded copy shall be submitted to the Community Development Department. CondPC T28409CC-34 15 01 #2 2 Resolution 99- Tentative Tract Map 28409, Extension #1 July 20, 1999 75. All mitigation measures of Environmental Assessment 96-335 shall be met. 76. Permanent signing for the Tract shall be approved by the Planning Commission prior to issuance of a building permit for said structure(s) pursuant to the provisions of Chapter 9.160 of the Zoning Ordinance. 77. All single family houses shall be single -story and not exceed 17-feet in overall height. 78. All lots, which do not front onto a cul-de-sac, shall have a minimum lot frontage width of 60-feet as required by the 60-RM-10,000/17 Zoning District standards. 79. Twelve -foot wide landscape lots shall be created along each side of Street Lot "A" on Lots 15 and 16. The length of the landscaping lots shall be 60-feet as measured from the right-of-way line of Avenida Montezuma. 80. Developer and/or property agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this time extension request. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. CondPC T28409CC-34 16 - r 1 Attachment 1 _ 5. THIS MAP IS NOT IN A SPECIFIC PLAN. 6. TOPOGRAPHIC SOURCE: C&C AERIAL MAPPING CO. HIGHWgy 111 SITE MONTFZUMA w o w z w IxOU _� O O O :� CALLE DURANGO Q o Q a Q o Q o d a Q a a Q a w V) w Case: TTMQIbINITY MAP N.T.S. z 0 z Q 3 F=lTCHiwENlllNEERB INC. ENGINEERS — SURVEYORS — PLANNERS P.O. BOX 455, PALM DESERT, CA 92261 PHONE: (619) 345-7667 `JrrJ J i11 �i1�-r •1il ,� �� F ��..._ f Land Development Kunkle GonStruction General Contractor Lic # 555653 Attachment 3 i E 'TT[A 'A 0 0 � Reoidential Construction - -cA -`A o P.O. Box 3121 • Del Mar, CA 92014 • Phone: (619) 793-2425 • Fax: (619) 350-9438 Planning Commission Minutes June 22, 1999 V. PUBLIC HEARINGS: ATTACHMENT 4 A. Continued - Snecific Plan 83-001 Amendment #5; a request of Century -Crowell Communities for approval o dment to increase the total unit count, revise the boundaries to sepa Seasons from Duna La Quinta, and add a new grading/unit type r ent necessitating retaining walls higher than four feet along the 50 fo tion of the channel berm. 1. man Tyler opened the public hearing and asked staff report. arming Manager Christine di Iorio informed the sion the applicant h0ad not completed the plans proposed for the el units along the south side of Calle Norte, within Duna La Q aff was therefore requesting this item be tabled until such time plicant submitted new plans. The item will then be readvertised earing date. 2. There being no discussio , it was moved and seconded by C00issioneso er Abels/Kirk to table this item. Unanimously approved with Butler abstaining. B. Tentative Tract 28409, Extension #1; a request of Mr. Charles B. Murphy and Mr. Lynn R. Kunkle for a recommendation of approval for a one year time extension for a previously approved subdivision of 9.15 acres into 19 custom single family and other common or private street lots for the property located on the north side of Avenida Montezuma, east of Bear Creek Channel and west of the Yucatan Peninsula residential neighborhood. 1. Chairman Tyler asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Tyler asked how many extensions could be granted. Staff stated three. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Lynn Kunkle, representing the applicant, stated they were working on the final map and have no objection to the conditions as recommended by staff. They have completed their grading plan and on- and off -site improvements. They are requesting approval of their time extension. 3. There being no questions of the applicant, Chairman Tyler closed the public participation portion of the hearing and opened it to Commission discussion. CAMy Documents\WPDOCS\PC6-22-99.wpd 2 G, Planning Commission Minutes June 22, 1999 4. There being no discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-049 recommending approval of a one year time extension for Tentative Tract Map 28409, Extension #1, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 99-652; a request of T. D. Desert Development for approval of design plans for a 13,400 square foot golf maintenance facility south of Avenue 48 and east of Dune Palms Road within Rangy La Quinta Country Club. Chairman Tyler asked for the staff Principal Planner Fred Baker presented the information contai e staff report, a copy of which is on file in the Community DeveApt Department. 2. Commissioner Kirk if the applicant had submitted a line of site exhibit for the facility. plained the plans that had been submitted. Landscape drawings w so discussed and the landscape architect was asked to provide trees to block the view of the facility from the street. 3. an Tyler asked how CVWD would gain access to their w Staff 40 rdehe access is located on the south side and there wa ibility the well site may be moved. Discussion followed regardi vehicles would enter/leave the well site. 4. Chairman Tyler asked Senior Enginee peer if the south leg of the Dune Palms signal would be dedic he maintenance facility and if the control for that signal would b Staff explained how the signal would operate. Traffic hitting p will continue to trip the light up to 40 seconds. 5. Chairman Tyler asked about the chain link fencing that will be i across the storm channel and asked if it would be visible from e 48. Mr. Art Gardner, representing the applicant, stated that whe poke with CVWD they were informed they would accept wroug in place of the chain link. "16 6. Commissioner Robbins stated wrought iro d be acceptable to CVWD. Mr. Gardner stated the channel would anted with grass and possibly palm trees. Staff recommended a condition be added requiring the wrought iron fence and that it be subject to approval by CVWD. 3, I ,1 61 0- CAMy Documents\WPDOCS\PC6-22-99.wpd 3 T4'h) � 4 a CPO" COUNCILIRDA MEETING DATE: July 20, 1999 ITEM TITLE: Continued Public Hearing to Certify Environmental Assessment 98-369 and Approve Tentative Tract Map 28982, Site Development Permit 98-631 and Tract 24230 (Amendment #1), a Request by A. G. Spanos Corporation to Approve Development Plans for a 160 Multi -family Unit Project, Subdivide 10.17 Acres for 160-Airspace Condominiums and Elimination of a Requirement to Provide Affordable Housing Units Located at the Southwest Corner of 47th Avenue and Adams Street RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue the Public Hearing for certification of a Mitigated Negative Declaration (EA 98-369) and approval of Tentative Tract Map 28982, Site Development Permit 98- 631, and Tract 24230 (Amendment #1) to September 7, 1999. FISCAL IMPLICATIONS: None. CHARTER_ CITY_ IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 16, 1999, the City Council, at a continued Public Hearing, heard public testimony for the proposed 160-unit multi -family project located at the southwest corner of 471h Avenue and Adams Street (see Attachments 1 and 2), pursuant to the Planning Commission's recommendation for approval on January 26, 1999. The City SRCCSpanos 7/20 - 35 Council, after reviewing the information from adjacent property owners and the applicant's legal representative, continued review to March 16, 1999 by adoption of Minute Motion 99-23. On March 16, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-30, continuing discussion for this project to April 20, 1999 after receiving a letter from the developer's legal counsel requesting a 30-day delay. On April 20, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-51, continuing discussion for this project to May 18, 1999 permitting continued negotiations between the City's Redevelopment Agency and the developer to relocate the project to property owned by the City located on the north side of 481" Avenue and east of Adams Street. On May 18, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-61, continuing project discussion to July 20, 1999 and authorizing the Mayor to sign an "Agreement to Continue Applications" with the property owner. A copy of the minutes is attached (see Attachment 3). Continuation Request - On July 9, 1999, the Community Development Department received a letter from the developer's attorney requesting a continuation for this project to September 7, 1999 (see Attachment 4). FINDINGS AND ALTERNATIVES: No findings are necessary to continue the request. Alternatives available to the City Council include: 1 . Continue the request to the September 7, 1999 City Council meeting; or 2. Provide staff with alternative direction. Respectfully submitted, c t Je`r y Herma , Community Development Director r a �7 SRCCSpanos 7/20 - 35 Page 2 of 3 Approved for submission by: f 'Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Site Plan 3. May 18, 1999 City Council Minutes (Excerpt) 4. Letter from Ms. Emily Perri Hemphill dated July 9, 1999 SRCCSpanos 7/20 - 35 Page 3 of 3 ATTACHMENT ~ '9 — I. — - - -� Attachment 2 Yo r �doo o°oeaR�fR. vi m--- �- o i 8 E~' 0008o f`. . bd 000 de f 4m RO„ 8VON O Y p} g 7{ € b�I " a jilil PAM I t7 City Council Minutes Attachment 3 Council Member Perkins suggested using "limited." May 18, 1999 Council Member Sniff s ted that a definite time frame be established for each individual item. Mayor Pena agr ith using limited. Council reces o Redevelopment Agency meeting. Council versed and recessed to Closed Sessio elineated on Page 1 to and until 7 m. Council reconvened with no de reporting pursuant to Section 5j PUBLIC COMMENT - PRESENTATIONS - None PUBLIC HEARINGS F6eing made in I .1 of the Governi 1. CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 98-369 AND APPROVAL OF TENTATIVE TRACT MAP 28982, SITE DEVELOPMENT PERMIT 98-631, AND TRACT 24230 AMENDMENT NO.1 - A REQUEST TO SUBDIVIDE 10.17 ACRES FOR DEVELOPMENT OF 160 AIRSPACE CONDOMINIUMS AND ELIMINATION OF A REQUIREMENT TO PROVIDE AFFORDABLE HOUSING UNITS WITHIN THE DEVELOPMENT LOCATED ON THE SOUTHWEST CORNER OF AVENUE 47 AND ADAMS STREET. APPLICANT: MAINIERO, SMITH AND ASSOCIATES, INC. FOR A. G. SPANOS CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the property is currently designated as High -Density Residential, and that the developer is proposing to build 160 multi -family units on 10.17 acres. The Planning Commission has recommended approval of the project subject to findings and '` 7 ) .11 "' City Council Minutes 16 May 18, 1999 conditions. Based on a public meeting held with Rancho La Quinta and Lake La Quinta homeowners on May 12, 1999, wherein alternative plans were presented, an agreement to continue these applications is included in the staff report for Council's consideration. Jay Roberts, 47-790 Via Jardin, President of the Lake La Quinta Homeowners Association, thanked the City Council and staff for their efforts in working to resolve this matter. He felt the city has demonstrated its commitment to both the residents and the developer. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION - It was moved by Council Members Sniff/Henderson to adopt the Agreement to Continue Applications to allow for continuation of certification of a Mitigated Negative Declaration (EA 98-369), and approval of Tentative Tract Map 28982, Site Development Permit 98-631, and Tract 24230 (Amendment No. 1) to July 20, 1999, and authorize the Mayor to sign said Agreement. Motion carried unanimously. MINUTE ORDER NO. 99-61. 2. SITE DEVELOPMENT PER 7-603 AMENDMENT NO. 2 - TO AMEND THE BUILDING ELEVATIO DSCAPING PLANS, AND DEVELOPMENT PLANS FOR TWO OF T UTO SALES FACILITIES ON THE SOUT SIDE OF HIGHWAY 1 TWEEN ADAMS STREET AND DUNE S ROAD. APPLICA AMKO DEVELOPMENT COMPANY, M UPERSTORE, AND I CHRYSLER CENTER. Pena abstained as he has consistentln the past and left the dais. The Mayor Pro Tern declared the PLJA15111PHEARING OPEN. Mr. Herman, Community D ment Director, advised that tl, amendment deals with t the three auto dealers currently p construction on High 11. The request is to modify bull evations along the north si the Mazda and Chrysler buildings ocating their loading areas to the west elevations, and to modify the la ape areas in front of where the loading docks used to be, as well as t ast, south, and west perimeters of the buildings. The Planning Commission has recommended approval subject to findings and conditions. 0 SEEZER, EALY, H.E.MPHILL & BLASDEL, LLB' A MWSIZAW L7fIIED Ili BIL7Ti'PARYri'AG.2IIP ATTORNEYS AT LA RAUL T. SELZEk 777 E. T_4HCjUITZ CA2�oWN WAY, SUITE 328 Si'_ COICI F-1,,x' Y_41-31 SfR1XCW, QLLIFOl.A14 9214: EMILYPEMEE3jTEILL TELEPHONE (760) 320-5977 MWE C_ DY.ASUBL -LC► 5ltirn.s (7sa) 9 0-9s07 Dawn Honeywell City Attorney City of La Quinta Re Dear Dawn_ .��a�z os Project July 9, 1999 if At -9 0 Attachment 4 As you know, I recently received the Affordable Housing Agreement in &alt form, which Agreement would provide for an exchange of the property currently owned by the Spanos Corporation with approximately 14_S acres of property owned by the Redevelopment Agency of the City of La Quinta. It is my understanding that the Affordable Housing Agreement and the related entitlements will be on the Council's agenda for August 3, 1999. It is also my understanding that the entitlement related applications on the Redevelopment Agency property are scheduled to go before the Planning Commission on the 27th of July. When we last continued the Council's action on the original Spanos application, the continuance took it to July 20, 1999. As we wish the Council to act first on the entitlements applications and Affordable Housing Agreement for the exchange property, we are hereby requesting that the City Council continue action on the application on the original Spanos Project (the approximately 10 acre project abutting Lake La Quinta) until the Council sessloru on September 7, 1999. This will allow us to complete the Planning Commission and City Council reviews of the property on the exchange parcel, and if all goes well, we can then make arrangements to dispose of the applications submitted on the original Spanos property. Should you have problems with this, please let me know. EPHIles cc: Greg Trousdell Dictated but not read. >:rFraooa:7: fl�v n-n _nn Al7 - A SR Sincerely, Emily Perri Hemphill Selzer, Ealy, Hemphill & Blasdel, LLP RECEIVED FROM = 7603209507 Uv9 P.02 T4'yl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: _ Joint Public Hearing Between the City Council and the 3 Redevelopment Agency to Consider the Five Year PUBLIC HEARING: Implementation Plan for the La Quinta Redevelopment Project Areas Nos. 1 and 2 RECOMMENDATION: Adopt the Second Five Year Implementation Plan for Redevelopment Project Areas Nos. 1 and 2. FISCAL IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: Section 33490 of the California Community Redevelopment Law requires that the Redevelopment Agency adopt a Five Year Implementation Plan for Project Areas Nos. 1 and 2 every five years after the initial Implementation Plan was adopted in 1994. In December 1994, the Agency adopted the First Five Year Implementation Plan which terminates later this year. In June 1999, the Agency Board conducted a study session to discuss accomplishments to date and potential activities for the next five year term of the Project Areas. The information provided during the study session has been incorporated into the attached proposed Second Five Year Implementation Plan for the Agency's consideration and approval. The Second Five Year Implementation Plan delineates a series of economic development, redevelopment and housing initiatives including the following: Project Area No. 1 - Non -Housing Programs and Projects: Over the next five years, the Agency anticipates investing its Project Area No. 1 non - housing resources in a variety of capital improvements to upgrade substandard infrastructure and stimulate economic growth. Projects envisioned include: CCJI L009 • Construction of a traffic signal at Calle Tampico and Eisenhower Drive • Washington Street/Interstate 10 interchange improvements • Avenue 52 median landscaping • Sinaloa median landscaping • Calle Tampico median landscaping The Agency also proposes to implement an Economic/Community Development Program to facilitate the construction and improvement of public facilities and infrastructure, as well as encourage development within Project Area No. 1. Project Area No. 2 - Non -Housing Programs and Projects: During the next five years the Agency proposes to continue economic development programs targeting the Highway 111 and Washington Street Corridors in Project Area No. 2. In addition, the Agency proposes an Economic/Community Development Program to facilitate development, provide community facility improvements, and expand public infrastructure. Through this program, the Agency intends to improve the economic viability of the community while addressing the conditions of blight present in Project Area No. 2. Project Areas No. 1 and 2 - Housing As stated in the Second Housing Compliance Plan (Appendix 1 to the attached Second Five Year Implementation Plan), the Redevelopment Law requires the production of a total of 571 affordable housing units over the next five years (i.e., Fiscal Years 1999/2000 through 2003/04). The Agency's proposed housing projects and programs, as presented in both the Second Five Year Implementation Plan and Second Housing Compliance Plan, could potentially result in the development of at least 384 affordable units during this five year period. These programs are as follows: • Completion of the Avenue 48 and Jefferson Street project (Catellus) • Washington Street and Miles Avenue potential affordable housing proposals • RGC single family proposal at Avenue 48 and Adams Street • A. G. Spanos proposal at Avenue 48 and Adams Street • Village live/work housing • Building Horizons Housing Program • Sewer Assessment Subsidy Program • La Quinta Rental Housing Program • La Quinta Quiet Second Housing Program All programs and projects above collectively, with the exception of the Sewer Assessment Subsidy Program, are anticipated to produce the 384 affordable units with long term affordability covenants in both Project Areas. With respect to the remaining 187 affordable units projects to be needed during the next five years, the Agency/City Council will consider other development incentives, such as those provided in the Second Housing Compliance Plan, to facilitate the production of these units within the required time frame. CCJH.009 On z- Affordable housing units in the Project Areas may also be produced by non-profit entities over the next five years. In particular, the Coachella Valley Housing Authority is currently completing approximately 80 units in Project Area No. 1 which will be made affordable to very low and low income households. These 80 units will be counted toward the affordable housing deficit of 571 units over the next five years. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the Second Five Year Implementation Plan for Redevelopment Project Areas No. 1 and 2; or 2. Approve the Second Five Year Implementation Plan with amendments; or 3. Provide staff with alternative direction. Respectfully subm er�y Herm o ,q(mmunity Development Director Approved for Submission, Thomas P. Genovese, City Manager Attachment: 1. Second Five Year Implementation Plan for Redevelopment Project Areas No. 1 and 2. CCJH.009 ATTACHMENT #1 SECOND FIVE-YEAR IMPLEMENTATION PLAN PROJECT NOS.1 AND 2 Prepared for: LA QUINTA REDEVELOPMENT AGENCY Contact: Frank J. Spevacek, Principal Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Phone: 714.541.4585 Fax: 714.836.1748 E-Mail: RSGIncCAa,aol.com , U"mm it x t Atlk��' .", - z J SECOND FIVE-YEAR IMPLEMENTATION PLAN PROJECT NOS. 1 AND 2 TABLE OF CONTENTS SECTION PAGE Introduction............................................................................................. 1 Background............................................................................................. 3 PART 1 - PROJECT NO. 1 NONHOUSING.............................................. 4 Goalsand Objectives.............................................................................. 5 BlightingConditions............................................................................... 7 Financial Resources............................................................................... 9 Nonhousing Programs.......................................................................... 11 PART 2 - PROJECT NO. 2 NONHOUSING............................................ 24 Goals and Objectives............................................................................ 25 BlightingConditions............................................................................. 27 Financial Resources............................................................................. 29 Nonhousing Programs.......................................................................... 31 PART 3 - PROJECT NOS. 1 AND 2 HOUSING ...................................... 34 Financial Resources............................................................................. 35 HousingPrograms................................................................................ 38 EXHIBIT "1" MAP OF PROJECT AREAS APPENDIX "I" SECOND HOUSING AFFORDABILITY COMPLIANCE PLAN T-2. L " 0 INTRODUCTION This document is the Second Five -Year Implementation Plan ("Implementation Plan") for La Quinta Redevelopment Project and Project Area No. 1 ("Project No. 1" or "Project Area No. 1") and La Quinta Redevelopment Project No. 2 and Project Area No. 2 ("Project No. 2" or "Project Area No. 2") of the La Quinta Redevelopment Agency ("Agency"). This Implementation Plan meets the requirements of Section 33490 of the California Community Redevelopment Law, Health, and Safety Code Sections 33000 et seg. ("Law"). Pursuant to Section 33490 of the Law, this Implementation Plan presents: • Agency goals and objectives for Project Area No. 1 and Project Area No. 2 (collectively referred to as the "Project Areas"). • Specific Agency programs, projects, and expenditures for the five-year term (i.e., 1999-00 through 2003-04). • An explanation of how these goals, objectives, projects, and expenditures eliminate blight in the Project Areas. • An explanation of how these specific goals, objectives, projects, and expenditures implement Sections 33334.2, 33334.4, 33334.6, and 33413 by increasing, improving, and preserving the supply of housing affordable to very low, low, and moderate income households. • An explanation of how these specific goals, objectives, projects, and expenditures will implement the low and moderate -income housing requirements of the Law by specifically including the following: 1. An annual Housing Program for the five-year term that provides sufficient detail to measure performance of the Low and Moderate Income Housing Fund ("Housing Fund") requirements. 2. An enumeration of the number of housing units to be rehabilitated, assisted, price restricted, or destroyed during the term of the respective Project No. 1 and No. 2 Redevelopment Plans. 3. An outline of the Agency's plan for the utilization of the Housing Fund including annual deposits, transfer of funds, or accruals for special projects. 4. An identification of programs/projects that will result in the destruction of existing affordable housing (if any), and the proposed locations for replacement housing. 5. The Agency's Ten -Year Housing Affordability Compliance Plan as required by Section 33413 and 33490(a)2 and 3 of the Law. La Quinta Redevelopment Agency La Quinta Redevelopment Projects July 1999 1 Second Five -Year Implementation Plan V L INTRODUCTION The Agency's first Five -Year Implementation Plan was adopted in December 1994. Since then, the Agency has been actively implementing redevelopment, economic development and housing initiatives. La Quinta Redevelopment Agency La Quinta Redevelopment Projects July 1999 2 Second Five -Year Implementation Plan 4 BACKGROUND The City Council of the City of La Quinta ("City") established the Agency on July 5, 1983. Shortly thereafter, in November 1983, the Agency adopted the 11,600-acre Project No. 1, which includes land designated for commercial, office, residential, retail, institutional, recreational, and public uses. Generally, Project No. 1 is bounded by Avenue 50 to the north, Jefferson and Madison Streets to the east, Avenue 60 to the south, and the City limit boundary on the west. Project No. 1 was established to redevelop and expand deficient public infrastructure and facilities, and revitalize the La Quinta Village. The Project No. 1 Redevelopment Plan has been amended twice since its adoption. On December 20, 1994, the Agency amended the Plan's time limitations in conformance with Section 33333.6 of the Law. A second Redevelopment Plan amendment that extended time and financial limits, modified the Plan's goals, and expanded the list of potential projects was adopted in March 1995. On May 16, 1989, the Agency established its second redevelopment project, Project No. 2. Project Area No. 2 includes commercial and residential land uses and is approximately 3,116 acres in size. Located in the northern area of the City, Project Area No. 2 is bounded by Avenue 50 to the south, Fred Waring Drive (Avenue 44) to the north, Washington Street to the west, and Jefferson Street to the east. Project Area No. 2 also includes property west of Washington Street, north of the prolongation of the future alignment of Avenue 48; property surrounding Point Happy, north of Highway 111 and west of Washington Street; and property easterly of Jefferson Street and north of Highway 111. Project No. 2 was created to provide a mechanism to remove impediments to commercial and residential development. On December 20, 1994, the Agency amended the Project No. 2 Redevelopment Plan to bring its time limits in conformance with Section 33333.6 of the Law. w La Quinta Redevelopment Agency La Quinta Redevelopment Projects July 1999 3 Second Five -Year Implementation Plan PART 1 PROJECT NO. 1 NONHOUSING La Quinta Redevelopment Agency Project No. 1 July 1999 4 Second Five -Year Implementation Plan GOALS AND OBJECTIVES -Project No. 1 Section 400 of the Project No. 1 Redevelopment Plan delineates the Agency's redevelopment goals for the Project Area. These goals, which are listed below, were employed to formulate the overall strategy for this Implementation Plan and serve as a guide for the Agency's activities during the five-year cycle. • Eliminate Blight: Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, residential, and recreational development. • Expand Commercial Base: Expand the commercial base of the Project Area. • Improve Facilities/Infrastructure: Improve public facilities and public infrastructure. Improve Drainage Facilities: Improve inadequate drainage infrastructure. • Improve Utility Service: Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. Promote Job Growth: Promote local job opportunities. • Coordinate Stake Holder Participation: Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the red evelopment/revitalization of the Project Area. • Ensure Quality Design and Development: Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. • Address Irregular Lots: Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. • Assemble Parcels: Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. La Quinta Redevelopment Agency Project No. 1 July 1999 5 Second Five -Year Implementation Plan Oil GOALS AND OBJECTIVES - Project No. 1 • Correct Underutilized Lots: Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. • Promote Housing: Promote the rehabilitation of existing housing stock. Increase and Improve the Community's Supply of Affordable Housing: Increase, improve, and preserve the supply of housing affordable to very low, low and moderate income households. W La Quinta Redevelopment Agency Project No. 1 July 1999 6 Second Five -Year Implementation Plan t01 BLIGHTING CONDITIONS - Project No. 1 Sections 33030 and 33031 of the Law define physical and economic blight as: • Unsafe/Dilapidated/Deteriorated Buildings. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. • Physical Conditions that Limit the Economic Viability and Use of Lots/Buildings. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. • Incompatible Uses. Adjacent or nearby uses that are incompatible with each otherandwhich prevent the economic development of those parcels or other portions of the project area. • Lots of Irregular Shape, Inadequate Size, and Under Multiple Ownership. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. • Inadequate Public Infrastructure/Facilities. The existence of inadequate public improvements, parking facilities, open space, or utilities.' • Depreciated/Stagnant Property Values; Impaired Investments. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). • High Business Turnovers and Vacancies/Low Lease Rates/Abandoned Buildings/Vacant Lots. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. • Lack of Commercial Facilities. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, banks, and other lending institutions. 'At the time Project No. 1 was adopted, Section 33032 of the Law (which was repealed in 1994) provided that a blighted area was one which was characterized by, among other things: The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. A blighted area is currently defined as one that exhibits both physical and economic blight, and is characterized by the existence of inadequate public improvements, parking facilities, or both. La Quinta Redevelopment Agency Project No. 1 July 1999 7 Second Five -Year Implementation Plan 3 BLIGHTING CONDITIONS — Project No. 1 • Residential Overcrowding/Excess Bars, Liquor Stores Adult Businesses. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. • High Crime Rates. A high crime rate that constitutes a serious threat to the public safety and welfare. The specific programs and projects contained in this Implementation Plan are designed to eliminate the conditions of blight which existed at the time Project No. 1 was adopted and which persist today despite the Agency's best efforts to eliminate such conditions. As will be illustrated in the following discussion, the blight as that term is currently defined, will also be eliminated. Generally, the conditions of blight present within Project Area No. 1 were a result of inadequate public improvements and infrastructure. Flood control, sewer, and circulation problems plagued much of Project Area No. 1. In addition, the stagnating Village commercial core that suffered from inadequate lot sizes and configurations that discourage development, was also identified as blighted. Since 1983, the Agency has constructed many improvements to the flood control system, and select street, park, and other capital improvements. The Agency has also provided financial assistance to homeowners for sewer hookups. However, insufficient roads and other public improvements continue to inhibit economic growth in Project Area No. 1. La Quinta Redevelopment Agency Project No. 1 July 1999 8 Second Five -Year Implementation Plan J14 FINANCIAL RESOURCES - Project No. 1 The table on the following page presents the nonhousing revenues the Agency may have available over the next five (5) years to fund non -housing Implementation Plan activities. The projections are based on a 4% growth rate in fiscal year 1999-00 secured values and a 3.5% annual increase in secured assessed values thereafter over the five (5) year period. No growth rates were assumed for unsecured or utility values. Outlined in the tables are projected tax increment receipts, taxing entity's fiscal mitigation payments, loan and debt service payments, and projected Agency administration costs. Funds available to implement future programs are identified as the remaining funds net of these operation and debt service obligations. The table also reports available fund balances as of May 31, 1999. La Quinta Redevelopment Agency Project No. 1 July 1999 9 Second Five -Year Implementation Plan (),15 FINANCIAL RESOURCES - Project No. 1 Project Area No. 1 - Debt Service/Capital Projects Funds 1 2 3 4 5 1999-00 2000-01 2001-02 2002-03 2003-04 Beginning Fund Balance Per 1/99 Cash Flow Estimates 11.082.199 9,085,682 7,377,384 7,163,055 7,213.049 Third Signal/Koenig ORA (75,000) - - - - Due to PA Housing Fund (ERAF) (726.144) (769,713) (815,896) (864,849) - Restricted: Sept Payment on94TABS (1,522,422) (1,545,804) (1,567,401) (1,595,054) (1,620.817) Restricted. Sept Payment on 98 TABS (409,760) (409,760) (409,760) (409,760) (409.760) Restricted: December Payment to CVUSD (317,839) (332,087) (338,729) (345,504) (352.414) Beginning Available Cash Balance 8,031,034 6,028,619 4,245,598 3,947,887 4,830.059 Revenues Gross Nonhousing Tax Increment/ 10.532.422 10,951,678 11,385,609 11,834,727 12,299,565 Interest 125000 125000 125,000 125000 125.000 TOTAL 10 657.422 11,076678 11,510,609 11 959727 12.424.565 Senior Lien Expenditures Pass Through Payments Coachella Valley Water District 157,986 164,275 170, 784 177,521 184.493 Mosquito Abatement District 150.614 156,609 162,814 169,237 175,884 CVUSD 649,926 670,816 684,233 697,918 711,876 DSUSD - - - - Riverside County Pass Through 4,352,523 4,525,781 4,705.103 4,890,701 5,082,795 Riverside County Repayment 773,528 1,803.705 1,803,705 1,803,705 2,190,473 - Subtotal 6,084.577 7, 321,186 7,526,639 7.739.082 8,345,521 Nonhousing Bond Debt Service 1994TABS (72.5%) 2,139,127 2,139,281 2,135,557 2,135,997 2,118,564 1998 TABS 819,520 819,520 819,520 819,520 819,520 Subtotal 2,958,647 2,958.801 2,955,077 2.955,517 2.938,084 Senior Lien Contract Services Reimbursements (Rent) 37,075 37.303 37,519 37.192 37.419 Contract Services (Co. Admen) 188,234 195,727 203.482 211,509 219,816 Contract Services (Debt Service) 32,960 33.949 34,967 36,016 46, 777 Subtotal 258.269 266,978 275,968 284,717 304,011 TOTAL 9,301.493 10, 546, 966 10, 757, 684 10.979, 315 11,587617 Net Revenues After Senior Liens 1,355,928 529,712 752,925 980,412 836,948 Junior Lien Expenditures Other Reimbursements 560.020 524.914 568,529 576,873 662,622 Other Contract Services 308,491 395,393 379.674 333,923 352,627 Miscellaneous (Pers/Travel/Dues) 17.957 18.496 19,051 19,622 27.936 TOTAL 886,468 938.803 967.254 930,418 1,043. 185 Planning 8 Development Reimbursements 597,095 562,217 606,048 614,065 700,041 Contract Services 529,685 625.069 618.123 581,448 619,220 Miscellaneous 17,957 18,496 19,051 19,622 27,936 Subtotal 1.144.737 1,205,781 1,243,222 1,215.135 1,347.197 Other Senior Lien Obligations ERAF Loan Repayment - - 916,740 Subtotal - - - - 916,740 TOTAL 10, 187961 11 485,769 11,724,938 11.909, 733 13,547 542 Capital Improvement Program Traffic Signal. Tampico/Eisenhower 8 FW - 75,000 - - - Phase VI -A Village Commercial 274,300 274,300 - - - Phase VI-B Cove Area 950,208 950,208 - - - Calle Rondo Channel Storm Drain 130,000 - - - - Village Development 500,000 - - - - Cove Oasis/Lake Cahuilla 199,668 - - - - Washington/1-10Interchange 50.000 - - - - Ave. 52 Median Landscaping 57.000 - - - - SinaloaMedianLandscaping 93,773 - - - - Calle Tampico Median Landscaping 210,728 - - - - TOTAL 2,465,677 1,299,508 Net Cash Flows (1,996,217) (1,708,598) (214,329) 49,994 (1,122,978) Ending Cash Balance 6.034.817 4.320,020 4,031,269 3,997,881 3,707, 081 Notes: Assumes 4 % secured growth in 1999-00 and 3.5% thereafter, no growth in unsecured or utility values, and $100,000 annually in unitary and supplemental revenues La Quinta Redevelopment Agency Project No. 1 July 1999 10 Second Five -Year Implementation Plan NONHOUSING PROGRAMS - Project No. 1 The Agency expended a total of $1,059,552 on capital improvement and economic development projects in Project Area No. 1 during the five-year cycle between fiscal year 1994-95 and 1998-99. These activities successfully alleviated some of the inadequate public infrastructure and achieved some of the Agency's goals to eliminate blight and remove impediments to development. Completed Projects The Agency's first implementation plan, adopted on December 6, 1994, contained the following two nonhousing projects for the five-year cycle. • The Phase V Cove Improvements (completed in 1994-95) • The Two Village Shopping Center traffic signals (completed in 1996-97) The cost of the projects totaled $407,172. Although not explicitly included in the Implementation Plan, the Agency also funded three other capital improvements in fiscal years 1994-95 and 1996-97. These projects included the following improvements at the following locations: • Calle Tampico • The Washington Street bridge • The intersection of Eisenhower Street and Avenue 50 The total combined cost of the above projects was $642,317. The Agency also completed a number of other projects from July 1997 through June 1999, including the following: • Phase VI -A Village Commercial capital improvements • Phase VI-B Cove Area capital improvements • Calle Rondo Channel storm drain improvements • Cove Oasis/Lake Cahuilla capital improvements The total expenditure for the activities itemized above were $10,063. Other Noteworthy Activities As a part of the City's overall economic development program, the Agency prepared an Economic Development Strategic Plan to guide the management of Agency (and non - Agency) resources in the City (including Project Area No. 1). The Economic Development Plan features specific implementation strategies and tasks to stimulate investment and growth in the Village. The Economic Development Strategic Plan was adopted during fiscal year 1996-97 and was updated in each subsequent fiscal year. i La Quinta Redevelopment Agency Project No. 1 July 1999 11 Second Five -Year Implementation Plan 0' NONHOUSING PROGRAMS - Project No. 1 Other noteworthy activities include the adoption of the Redevelopment Plan Amendment for Project No. 1 in fiscal year 1994-95 and the. refunding of the 1989 and 1990 Tax Allocation Bonds by the 1994 Tax Allocation Refunding Bonds. These refundings secured lower interest costs and debt service savings. Future Implementation Activities Nonhousing programs and projects for the coming five-year cycle are presented on the following pages. Many of the proposed projects include public infrastructure improvements. In addition, the Agency will pursue an Economic/Community Development Program that stimulates private development. The Agency's intent is to enhance the economic viability of the Project Area, address blight, and provide needed public facilities for the community. La Quinta Redevelopment Agency Project No. 1 July 1999 12 Second Five -Year Implementation Plan 1 1i NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Phase VI Village Commercial capital improvements. FIVE-YEAR PLAN ACTIVITIES The Agency will complete the funding of this project in fiscal year 2000-01. EXPENDITURES The Agency expended $1,147 in fiscal year 1998-99 towards this project. The remaining cost of this project is $548,600 and will be funded from nonhousing tax increment revenues from Project No. 1. TIMELINE This project will be funded in fiscal year 1999-00 and 2000-01. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 13 Second Five -Year Implementation Plan NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Phase VI-B Cove Area capital improvements.' FIVE-YEAR PLAN ACTIVITIES The Agency will complete the funding of this project in fiscal year 2000-01. EXPENDITURES The Agency expended $8,584 in fiscal year 1998-99. The remaining cost of this project is $1,900,416 and will be funded from nonhousing tax increment revenues from Project No. 1. TIMELINE This project will be funded in fiscal year 1999-00 and 2000-01. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 14 Second Five -Year Implementation Plan NONHOUSING PROGRAMS - Project No. 1 [-PROGRAM/PROJECT Calle Rondo Channel storm drain improvements. FIVE-YEAR PLAN ACTIVITIES The Agency will fund this project in fiscal year 1999-00. EXPENDITURES The total cost of this project is $130,000 and will be funded from nonhousing tax increment revenues from Project No. 1. TIME This project will be funded in fiscal year 1999-00. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 15 Second Five -Year Implementation Plan O:21 NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Cove Oasis/Lake Cahuilla capital improvements. FIVE-YEAR PLAN ACTIVITIES The Agency will complete the funding of this project in fiscal year 1999-00. EXPENDITURES The Agency expended $332 in fiscal year 1998-99. The remaining cost of this project is $199,668 and will be funded from nonhousing tax increment revenues from Project No. 1. TIMELINE This project will be funded in fiscal year 1999-00. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 16 Second Five -Year Implementation Plan r (�ti� NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Construction of a traffic signal at Tampico and Eisenhower. FIVE-YEAR PLAN ACTIVITIES The Agency will fund this project in fiscal year 2000-01. EXPENDITURES The total cost of this project is approximately $75,000 and will be funded from nonhousing tax increment revenues from Project No. 1. TIMELINE -] This project will be funded in fiscal year 2000-01. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 17 Second Five -Year Implementation Plan t-'223 NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Improvements to the Washington and the Interstate 10 Freeway interchange. FIVE-YEAR PLAN ACTIVITIES The Agency will fund this project in fiscal year 1999-00. EXPENDITURES The total cost of this project is approximately $50,000 and will be funded from nonhousing tax increment revenues from Project No. 1. TIMELINE This project will be funded in fiscal year 2000-01. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives; which are defined in detail in the Goals and Objectives section of this Implementation Plan: Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 18 Second Five -Year Implementation Plan V ti 4 NONHOUSING PROGRAMS - Project No, 1 PROGRAM/PROJECT Avenue 52 median landscaping. FIVE-YEAR PLAN ACTIVITIES The Agency will fund this project in fiscal year 1999-00. EXPENDITURES The total cost of this project is approximately $57,000 and will be funded from nonhousing tax increment. TIMELINE This project will be funded in fiscal year 1999-00. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 19 Second Five -Year Implementation Plan o NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Sinaloa median landscaping. FIVE-YEAR PLAN ACTIVITIES The Agency will fund this project in fiscal year 1999-00. EXPENDITURES The total cost of the project is approximately $93,773 and will be funded from nonhousing tax increment. TIMELINE This project will be funded in fiscal year 1999-00. PLAN OBJECTIVES THE PROJECT WILL ADDRESS I Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Improve Facilities/Infrastructure CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion of this project will address the following condition of blight- the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 20 Second Five -Year Implementation Plan NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Calle Tampico median landscaping. FIVE-YEAR PLAN ACTIVITIES The Agency will fund this project in fiscal year 1999-00. EXPENDITURES The total cost of this project is $210,728 and will be funded with nonhousing tax increment. TIMELINE This project will be funded in fiscal year 1999-00. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: Improve Facilities/Infrastructure (CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS I Completion of this project will address the following condition of blight, the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. Inadequate Public Infrastructure/Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 21 Second Five -Year Implementation Plan 7 J i.. NONHOUSING PROGRAMS - Project No. 1 PROGRAM/PROJECT Economic/Community Development Program FIVE-YEAR PLAN ACTIVITIES The Agency will prioritize various economic development, public improvement, and public facility projects and will fund this program in fiscal year 1999-00 through 2003-04, as funding is available. These projects may include: • Modify Cove storm water basin to accommodate a municipal golf course • Develop new parks Improve Lake Cahuilla and develop additional recreation amenities Purchase and renovate Francis Hack Park • Construct a new library facility • Civic Center campus improvements • New fire facilities Enlarge senior citizen center • Develop additional trail and golf cart systems • Underground utilities • Street and median improvements Village commercial property rehabilitation and infrastructure improvements New postal facility La Quinta Resort and Club renovation/expansion KSL Village development Hillside protection property purchase • Provide additional needed public facilities EXPENDITURES The total projected revenues for this program is $3.7 million, and will likely be funded from nonhousing tax increment revenues from Project No. 1. FTIMELINE This project will be funded between in fiscal year 1999-00 and 2003-04. La Quinta Redevelopment Agency Project No. 1 July 1999 22 Second Five -Year Implementation Plan t3^8 NONHOUSING PROGRAMS - Project No. 1 PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this program will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Implementation Plan: • Eliminate Blight • Expand Commercial Base • Improve Facilities/Infrastructure • Promote Job Growth • Improve Utility Service CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Completion _of this project will address the following condition of blight; the Blighting Conditions section in this Implementation Plan further describes the characteristics of blighting conditions. • Inadequate Public Infrastructure/Facilities • Lack of Commercial Facilities La Quinta Redevelopment Agency Project No. 1 July 1999 23 Second Five -Year Implementation Plan 01y PART 2 PROJECT NO. 2 NONHOUSING La Quinta Redevelopment Agency Project No. 2 July 1999 24 Second Five -Year Implementation rPlan GOALS AND OBJECTIVES - Project No. 2 Section 400 of the Redevelopment Plan for Project No. 2 delineates the Agency's redevelopment goals for the Project Area. These goals, which are listed below, were employed to formulate the overall strategy for this Implementation Plan and will serve as a guide for the Agency's activities during the next five years. • Eliminate Blight: Remedy, remove, and prevent physical blight and economic obsolescence in the Project Area through implementation of the Plan. • Diversify Economic Base: Expand the commercial base of the community. • Encourage Stakeholder Participation: Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Upgrade Urban Design Standards: Upgrade the general aesthetics of the commercial enterprises to improve their economic viability. • Expansion of Businesses: Provide for the expansion, renovation, and relocation of businesses within the Project Area to enhance their economic viability; whenever possible, give preferences to business concerns either located within or owned by persons residing in the Project Area, pursuant to Resolution No. RA93-12. • Invest in Infrastructure: Improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. • Expand Developable Land: Recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. • Improve Traffic Circulation: Address inadequate street improvements and roads that vary in width and degree of improvement as they cross the Project Area. • Correct Drainage System Deficiencies: Alleviate inadequate drainage improvements that constrain the development of various parcels in the Project Area, the cost of which cannot be borne by private enterprise acting alone. • Assemble and Consolidate Underutilized Land: Address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. • Remedy Values: Remedy depreciating property values and impaired investments. La Quinta Redevelopment Agency Project No. 2 July 1999 25 Second Five -Year Implementation Plan 031 GOALS AND OBJECTIVES - Project No. 2 • Provide for Economic Growth: Provide opportunities and mechanisms to increase sales tax, business license tax, and other revenues to the City. Increase and Improve the Communitv's Supply of Affordable Housing. Provide for low and moderate income housing opportunities as is required to satisfy the needs and desires of various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State law. La Quinta Redevelopment Agency Project No. 2 July 1999 26 Five -Year Implementation Plan U%32 BLIGHTING CONDITIONS - Project No. 2 Sections 33030 and 33031 of the Law define physical and economic blight as: • Unsafe/Dilapidated/Deteriorated Buildings. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. • Physical Conditions that Limit the Economic Viability and Use of Lots/Buildings. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. • Incompatible Uses. Adjacent or nearby uses that are incompatible with each other- and which prevent the economic development of those parcels or other portions of the project area. • Lots of Irregular Shape, Inadequate Size, and Under Multiple Ownership. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. • Inadequate Public Infrastructure/Facilities. The existence of inadequate public improvements, parking facilities, open space, or utilities.' • Depreciated/Stagnant Property Values Impaired Investments. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). • High Business Turnovers and Vacancies/Low Lease Rates/Abandoned Buildings/Vacant Lots. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. • Lack of Commercial Facilities. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, banks, and other lending institutions. 'At the time Project No. 2 was adopted, Section 33032 of the Law (which was repealed in 1994) provided that a blighted area was one which was characterized by, among other things: The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. A blighted area is currently defined as one that exhibits both physical and economic blight, and is characterized by the existence of inadequate public improvements, parking facilities, or both. La Quinta Redevelopment Agency Project No. 2 July 1999 27 Second Five -Year Implementation Plan 0v3 BLIGHTING CONDITIONS - Project No. 2 • Residential Overcrowding/Excess Bars, Liquor Stores, Adult Businesses. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. • High Crime Rates. A high crime rate that constitutes a serious threat to the public safety and welfare. The specific programs and projects contained in this Implementation Plan are designed to eliminate the conditions of blight which existed at the time Project No. 2 was adopted and which persist despite the Agency's best efforts to eliminate such conditions. As will be illustrated in the following discussion, the blight, as that term is currently defined, will also be eliminated. Project Area No. 2 suffers from economic dislocation and stagnating development despite the availability of large parcels of vacant land. These problems were brought on by a lack of effective flood control facilities, underdeveloped circulation systems and poorly configured lots that discourage private sector investment. The Redevelopment Plan for Project No. 2 sets forth a comprehensive infrastructure and community development program to eliminate inadequate public improvements and economic blight. Accordingly, this Implementation Plan incorporates these objectives, projects, and programs to address blight in Project Area No. 2. La Quinta Redevelopment Agency Project No. 2 July 1999 28 Second Five -Year Implementation Plan 1 0 J t FINANCIAL RESOURCES - Project No. 2 The table on the following page presents the nonhousing revenues the Agency may have available over the next five (5) years to fund Implementation Plan activities in Project Area No. 2. The projections are based on a 7.5% increase in secured value in 1999-00, a 5% increase in 2000-01, a 4% increase in 2001-02, and a 3.5% annual increase in secured assessed values thereafter. No increases were assumed for unsecured and utility values. Outlined in the tables are projected tax increment receipts, taxing entity's fiscal mitigation payments, debt service payments, and projected Agency administration costs. Funds available to implement future programs are indicated as the remaining funds net of these operation and debt service obligations. The table also identifies available fund balances as of May 31, 1999. La Quinta Redevelopment Agency Project No. 2 July 1999 29 Second Five -Year Implementation Plan Ok %3 5 FINANCIAL RESOURCES - Project No. 2 Project Area No. 2 - Debt Service/Capital Projects Funds 1 2 3 4 5 1999-00 2000-01 2001-02 2002-03 2003-04 Beginning Fund Balance Per 1/99 Cash Flow Estimates 2,593,996 2,013,996 399,584 419,585 439,585 Due to PA2 Housing Fund (ERAF) (55,514) (58,845) (62,375) (66,118) - Restncted. Sept Payment on 98 TABS (251,004) (249,504) (252,964) (256,285) (254,463) Beginning Available Cash Balance 2,287,479 1,705,648 84,245 97,182 185,123 Revenues Gross Nonhousing Tax Increment /' 4,247,033 4,486,935 4,688,453 4,871,834 5,061,634 Interest 20,000 20,000 20,000 20,000 20,000 TOTAL 4,267,033 4,506,935 4,708,453 4,891,834 5,081,634 Senior Lien Expenditures Pass Through Payments Coachella Valley Water District 407,184 430,185 449,505 467,087 485,284 Mosquito Abatement District 74,854 79,082 82,634 85,866 89,211 Desert Sands USD 986,373 1,042,091 1,088,893 1,131,484 1,175,564 Coachella Valley Rec & Park - - - 31,840 134,766 Co. Superintendent of Schools 110,954 117,221 122,486 127,277 132,235 Desert Community College 204,919 216,495 226,218 235,066 244,224 Riverside County Pass Through 1,688,036 1,926,578 2,013,105 2,091,844 2,173,339 Riverside County Repayment - - 100,000 100,000 100,000 Subtotal 3,472,321 3,811,652 4,082,841 4,270,463 4,534,624 Nonhousing Bond Debt Service 1998 TABS 420,507 417,467 419,249 420,747 417,080 City Loan Repayment - - - - - Subtotal 420,507 417,467 419,249 420,747 417,080 Planning & Development Reimbursements 175,046 173,076 98,053 89,010 34,419 Contract Services 172,295 77,672 81,028 84.114 77,627 Miscellaneous 6,864 7,070 7,282 7,500 - Subtotal 354,205 257,817 186,363 180,624 112,045 Other Senior Lien Obligations ERAF Loan Payment - - - - 70,085 Subtotal - - 70,085 TOTAL 4,247,033 4,486,936 4,688,453 4,871,834 5,133,834 Capital Improvement Program Utility Undergrounding - Parc LQ - - - - - Hwy 111/Plaza LQ Signal - Phase VI-C Westward Ho - 913,509 Economic Development 600,000 - Phase VI-D Sgbrsh, Bttlbsh, Saqro - 720,902 TOTAL 600,000 1,634,411 - Net Cash Flows (580,000) (1,614,411) 20,000 20,000 (52,200) Ending Cash Balance 132,922 1,707,478 91,236 104,246 117,182 Notes: " J ' Assumes 7.5% secured growth in 1999-00, 5% in 2000-01, 4% in 2001-02, and 3.5% thereafter; no growth in unsecured or utility values, and $$200,000 annually in unitary and supplemental revenues La Quinta Redevelopment Agency Project No. 2 July 1999 30 Second Five -Year Implementation Plan �JJ� NONHOUSING PROGRAMS - Project No. 2 The following pages identify the Agency's proposed nonhousing activities for the five-year cycle of the Implementation Plan. Between 1994-95 and 1998-99, the Agency expended a total of $3,349,396 on nonhousing projects in Project Area No. 2. By completing these projects, the Agency accomplished important redevelopment objectives, including: 1) eliminating blight, 2) diversifying the economic base, 3) encouraging stakeholder participation, 4) upgrading urban design standards, 5) investing in infrastructure, and 6) improving traffic conditions. Completed Projects Between fiscal years 1994-95 and 1998-99, the Agency completed all of the planned redevelopment projects and programs set forth in the original implementation plan. These projects include capital improvements involving Adams Street, Washington Street, Dune Palms Road, and Fred Waring Drive. In addition, the Agency completed infrastructure improvements along Highway 111 as a part of the development of the One Eleven La Quinta center (pursuant to the TDC Owner Participation Agreement). By March 1998, the Agency expended a total of $2,254,989 on these projects, or $333,674 less than the cost estimates contained in the original implementation plan. In large part, this cost savings was realized as a result of successfully procuring grants to subsidize some capital improvement costs. In addition to these projects above, the Agency expended another $535,262 on capital improvement and economic development projects in Project Area No. 2. These activities included the widening of Washington Street, assistance to the Interstate 10/Washington Street interchange, and Plaza La Quinta off -site improvements. All of these improvements were completed by March 1998. Between April 1998 and June 1999, the Agency also completed or partially funded the following projects: • Additional Plaza La Quinta street improvements (completed) • Utility underground at Parq La Quinta (completed) • A traffic signal at Westward Ho/Dune Palms Drive (completed) • Phase VI-C Westward Ho capital improvements (partially funded) • A traffic signal at Highway 111 and Plaza La Quinta (completed) • Phase VI-D Sagebrush, Bottlebrush, and Saquaro capital improvements (partially funded) r+ 3.1 La Quinta Redevelopment Agency Project No. 2 July 1999 31 Second Five -Year Implementation Plan t,' J 7 NONHOUSING - Project No. 2 Other Noteworthy Activities In 1998, the Agency refunded Project No. 2 1992 Tax Allocation Bonds to capitalize on lower interest rates. Also, the Agency adopted, and continues to implement, the Economic Development Strategic Plan for the purposes of managing future economic development activities in the Project Area No. 2 and the greater City. The Economic Development Plan features a focused program for the Highway 111 Corridor, which has been essential to the recent successes. Future Imolementation _Activities The Agency has budgeted a total of $600,000 to fund an Economic/Community Development Program over the next five years, which represents a majority of Project Area No. 2 nonhousing resources. These expenditures are projected to occur between fiscal years 1999-00 and 2003-04. The Agency envisions dedicating these funds to projects that both improve the economic viability of the community while addressing the conditions of blight in Project Area No. 2, such as: • Business development loans/grants • Highway 111 improvements • Property acquisition to facilitate economic development • Facilitate hotel/motel development • New parks New library • New postal facility • Landscape medians • Monument entry signs • Line Whitewater Channel • Improve the La Quinta Arts Foundation facility Improve the La Quinta Evacuation Channel with golf and other recreation amenities • Underground utilities The Agency will fund projects as revenues are available. The Agency anticipates seeking other financing mechanisms to fund projects under this program. If the Agency is again successful in procuring other resources to fund redevelopment activities, additional projects will be formulated for Agency consideration in the future. La Quinta Redevelopment Agency Project No. 2 July 1999 32 Second Five -Year Implementation Plan li�� NONHOUSING - Project No. 2 Specifically, the implementation of this program will address the following Agency goals and objectives: • Eliminate Blight • Diversify Economic Base • Expansion of Businesses • Invest in Infrastructure Improve Traffic Circulation • Provide for Economic Growth The blighting conditions to be addressed by this program include: • Economic Dislocation/Stagnating Development • Inadequate Public Improvements La Quinta Redevelopment Agency Project No. 2 July 1999 33 Second Five -Year Implementation Plan (79 J a1 PART 3 PROJECT NO. 1 AND 2 HOUSING La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 34 Second Five -Year Implementation Plan I1 4 HOUSING PROGRAMS The Agency has successfully completed all of the planned housing projects and programs set forth in the original implementation plan, due in large part to the issuance of the 1995 $22.4 million Housing Tax Allocation Bonds. Completed Projects During the current five-year cycle, the Agency has produced 205 affordable units through six affordable housing projects as a part of its affordable housing production program. These projects include the Coachella Valley Housing Coalition Project (10 affordable units), the Stockman Development Project (15 units), the Williams Development/Seasons Project (111 units), the La Quinta Rental Housing Program (50 units), the Building Horizons Project (8 units), and the La Quinta Housing/Silent Second Program (44 units, 11 of which have been counted towards the Agency's housing production requirements). Of the 205 units produced, 162 are restricted to very low income households, while the remaining 43 units are reserved for- low and moderate income households. In total, the Agency expended approximately $5.6 million to produce these 205 units. In addition to these units produced by Agency -assisted projects, another 116 affordable dwelling units were produced by the Villa Cortina tax credit project in 1996-97. Coupled with the 205 units produced through Agency -assisted projects, a total of 321 dwelling units have been produced during the current five-year cycle. These 321 units represent approximately 36% of the 892 units required to be produced pursuant to the Ten -Year Compliance Plan. Other Noteworthy Activities Other housing production activities initiated during the past five years include public improvement and infrastructure projects for the Catellus development of 204 low and moderate income units (Avenue 48 and Jefferson Street), the RGC development consisting of 99 units, 65 of which will be made affordable to moderate income families (Avenue 48 and Adams Street) and the affordable housing site located at Miles and Washington Street. In 1995, the Agency also purchased approximately 105 acres of property for a potential affordable housing project. Finally, ongoing housing activities include the 1998 Residential Rehabilitation Program that has funded $13,809 in improvements to single-family and small multifamily dwellings. The program is available to very low, low and moderate income households; since 1998, 2 loans have been granted and 3 are currently pending. Another active housing program is the Dilapidated Unit Refurbishment Program, which involves Agency purchases of dilapidated single-family homes for rehabilitation and subsequent sale to low income households. Since 1998, two homes have been purchased, one has been demolished, and proposals are being solicited to construct a replacement dwelling. The second unit is undergoing rehabilitation. Program costs over the last five years total $129,032. The Agency also continues to implement the Assessment Subsidy Program, which subsidizes La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 35 Second Five -Year Implementation Plan 1` 3 To A HOUSING PROGRAMS assessment payments and sewer connection costs for eligible low and moderate income households in the Cove. Between 1994-95 and 1998-99, the Agency funded 250 sewer subsidies at a total cost of $906,104. Future Implementation Activities The Agency will continue to implement its comprehensive affordable housing program over the remainder of the five-year cycle. In addition, the Agency will pursue several projects that will result in the production of very low, low and moderate income units to address the deficit shown in the Second Ten -Year Housing Compliance Plan (Appendix I to this Implementation Plan). In the event that actual revenues and expenditures differ from these estimates, or additional projects are proposed, the Agency's housing program may be altered in accordance with the Housing Affordability Compliance Plan. The following pages describe the programs and projects proposed by the Agency. ra J "5 La Quinta Redevelopment Agency Project Nos 1 and 2 July 1999 36 Second Five -Year Implementation Plan /j A 0 IL) HOUSING PROGRAMS AVENUE 48 AND JEFFERSON PROJECT The Agency has successfully negotiated a development transaction with Catellus Development to construct a 204-unit affordable housing project at the northeast corner of Avenue 48 and Jefferson Street. The project will consist of 118 very low and low income senior apartments and 86 moderate income single-family units. FIVE-YEAR PLAN ACTIVITIES Construction began in 1999, with completion anticipated in 2001. EXPENDITURES Proposed. assistance to this project over the next five years is estimated at $5,195,808. TIMELINE As stated above, the single-family dwellings and associated infrastructure improvements are currently under construction. The estimated completion of this project is fiscal year 2001-02. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Inadequate Public Infrastructure/Facilities 3 -j La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 37 Second Five -Year Implementation Plan A3 HOUSING PROGRAMS WASHINGTON AND MILES PROJECT The Agency purchased a 55-acre parcel at the southwest corner of Washington Street and Miles Avenue for future affordable housing development. The construction of several off -site public improvements began in 1998 and community planning efforts began in 1999. Preliminary estimates indicate that up to 106 units of housing could be built on this site. FIVE-YEAR PLAN ACTIVITIES Over the five-year cycle, the Agency will complete the off -site improvements and community planning activities and will implement the development of the project. EXPENDITURES A total of $800,000 is anticipated will be expended on site development activities over the next five years. The Agency will complete the public improvements, community planning efforts and site marketing activities in 1999-2000; private sector interest in this site will establish the development program timeline. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objective which is defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Inadequate public infrastructure/facilities. La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 38 Second Five -Year Implementation Plan ( 4 4 HOUSING PROGRAMS AVENUE 48 AND ADAMS PROJECT (RGC PROPOSAL) The Agency owns a 50-acre parcel at the northeast corner of Avenue 48 and Adams Street and is currently in discussion with the RecreActions Group of Companies (RGC) to develop approximately 36 acres of this property. FIVE-YEAR PLAN ACTIVITIES Avenue 48 was constructed in 1997-98, providing access to this parcel. Over the five-year cycle, the Agency will conclude negotiations with RGC. This project will include the construction of 99 single-family homes on approximately 36 acres. Sixty- five of these homes will be affordable to moderate income households. EXPENDITURES A total of $1,500,000 is anticipated to be expended on project activities in 1999-00. TIMELINE The agreement with RGC will be complete by October 1999. Construction is anticipated to begin in Spring 2000 and the homes should be sold over a 36-month period, dependent on market demand. PLAN OBJECTIVES THE PROJECT WILL ADDRESS7] Completion of this project will achieve the following objective, which is defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Inadequate public infrastructure/facilities. La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 39 Second Five -Year Implementation Plan A� +I 9 HOUSING PROGRAMS AVENUE 48 AND ADAMS PROJECT (A.G. SPANOS PROPOSAL) The Agency has concluded negotiations with A. G. Spanos for the development of a 200-unit apartment complex on a 14.4 acres of the 50 acre Avenue 48 and Adams Street site. Twenty of these units will be affordable to moderate income households. FIVE-YEAR PLAN ACTIVITIES The units are expected to be constructed during fiscal year 1999-00. EXPENDITURES The estimated five-year expenditures for this project is $300,000. TIMELINE J- To be determined. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objective which is defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Not applicable. La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 40 Second Five -Year Implementation plat, HOUSING PROGRAMS FV_ LIVE/WORK HOUSING This program will involve the construction of a mixed -use development of commercial and affordable residential units in the Village. The housing units may consist of lofts, and may be affordable to low and very low income households. FIVE-YEAR PLAN ACTIVITIES The program is currently in the planning stages. It is envisioned that the identification of potential sites and the affordability mix of the units will be determined and between 1999-00 and 2001-02, as sites can be identified. FEX-P Project costs are estimated at $2,000,000; $1,000,000 in 2000-01 and $1,000,000 in 2001-02. TIMELINE Planning activities will continue through 1999-00, with improvements and/or construction beginning in 2000-01. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objective, which is defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Inadequate Public Infrastructure/Facilities. 4 La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 41 Second Five -Year Implementation Plan �l 6 HOUSING PROGRAMS BUILDING HORIZONS PROJECT For the past four years, the Agency and the Boys and Girls Club have cooperated in the construction of eight low and moderate income units in the Cove. This program, which involves Agency silent second subsidies, will continue over the next five-year term at a rate of two units per year. FIVE-YEAR PLAN ACTIVITIES This project will result in ten low and/or moderate income units developed between 1999-00 and 2003-04. EXPENDITURES The Agency advances construction costs of $105,000 per unit, and converts up to $30,000 into a second trust deed upon the sale of each unit. TIMELINE -] This project will continue over the five-year cycle. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objective, which is defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Not applicable. `F'4J La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 42 Second Five -Year Implementation Plan ()48 HOUSING PROGRAMS ASSESSMENT SUBSIDY PROGRAM This ongoing program assists eligible very low, low and moderate income households with special assessments levied by the City to fund a comprehensive street improvement program, including sewer line installation in the Cove. The Agency subsidizes property owner assessment payments and sewer connection costs. FIVE-YEAR PLAN ACTIVITIES The Agency will continue to provide additional subsidies to eligible owner and renter households, and administer and monitor this program. EXPENDITURES Based on historical trends, this program costs approximately $220,000 annually to subsidize and administer. TIMELINE This is an ongoing program predicated on the availability of funds. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Plan: • Eliminate Blight • Increase and Improve the Community's Supply of Affordable Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Not applicable. 1 La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 43 Second Five -Year Implementation Plan �t4t9 HOUSING PROGRAMS FL_AQUINTA RENTAL HOUSING PROGRAM In 1995, the Agency purchased 50 units from Coachella Valley Land to secure the Agency's $1.2 million investment. This investment was made to reserve 50 single- family units for very low income Section 8 households. Subsequent to the investment, Coachella Valley Land filed for bankruptcy. The Agency subsequently sold 1 unit and continues to rent the remaining 49 to very low income households. As real estate market conditions continue to improve in the Cove, the Agency will sell the remaining 49 units to qualified very low income households. Currently, the Agency has initiated rehabilitation efforts for these units which will result in the substantial rehabilitation of the homes prior to their sale. [_FIVE-YEA�RP(AN�ACT�IVIT�IES� The Agency will continue to rent the units until they are sold. The Agency will be funding deferred maintenance improvements and anticipates selling two units per year. EXPENDITURES Annual management and maintenance costs are expected to be $260,000 annually. This cost is funded solely with excess rental income. No tax increment revenues are expected to be utilized for this program. TIMELINE This is an ongoing program that will continue through the five-year cycle. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives, which are defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing • Rehabilitate Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS Not applicable. ,.4,_ La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 44 Second Five -Year Implementation Plan i° „5' HOUSING PROGRAMS LA QUINTA HOUSING PROGRAM Pursuant to its housing initiative, the Agency plans to move forward on the three components of the La Quinta Housing Program. The Silent Second Trust Deed program provides subsidies to prospective homebuyers. The Residential Rehabilitation Program involves providing up to $25,000 in rehabilitation loan assistance to qualified households. The Dilapidated Unit Refurbishment Program involves the purchase, rehabilitation, and resale of deteriorating residences. All components of the Housing Program feature long-term affordable covenants. FIVE-YEAR PLAN ACTIVITIES Depending on program participation, staff estimates that on an annual basis, 15 households could receive silent second trust deeds, about 4 households per year could benefit from the Residential Rehabilitation Program, and up to 2 households per year could participate in the Dilapidated Unit Refurbishment Program. EXPENDITURES A total of $1,000,000 is budgeted each year for this program. Of this amount, $650,000 is set aside for the Silent Second Trust Deed program. The Agency appropriated $100,000 for loans for the Residential Rehabilitation Program. Also, the Agency anticipates that up to $250,000 will be expended on rehabilitation/subsidy costs for the Dilapidated Unit Refurbishment Program. TIMELINE The Agency will carry out these activities during the remaining five-year term. PLAN OBJECTIVES THE PROJECT WILL ADDRESS Completion of this project will achieve the following objectives which are defined in detail in the Goals and Objectives section of this Plan: • Increase and Improve the Community's Supply of Affordable Housing • Rehabilitate Housing CONDITIONS OF BLIGHT THE PROJECT WILL ADDRESS • Unsafe/Dilapidated/Deteriorated Buildings La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 45 Second Five -Year Implementation Plan ��51 FINANCIAL RESOURCES The following tables present the housing revenues the Agency may have available over the next five (5) years to fund Implementation Plan activities in Project Areas Nos. 1 and 2. In Project Area No. 1, the projections assume a 4% growth in secured value in 1999-00 and a 3.5% increase in secured value thereafter. In Project Area No. 2, secured value is projected to increase by 7.5% in 1999-00, 5% in 2000-01, 4% in 2001-02, and a 3.5% thereafter. It is conservatively assumed that there will be no growth in unsecured or utility values in either Project Area No. 1 or No. 2. Outlined in the tables are projected tax increment receipts, debt service payments, costs for ongoing housing projects, and projected Agency administration costs. Funds available to implement future programs are indicated as the remaining funds net of these operation and debt service obligations. The table also identifies available fund balances as of May 31, 1999. The total resources available to the Agency, net of expenditures, to implement housing projects over the five- year period for Project Area Nos. 1 and 2 (1999-00 through 2003-04) is estimated to be $15,961,227 and $2,311,902, respectively. 4 7 La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 46 Second Five -Year Implementation Plant, ,� FINANCIAL RESOURCES PROJECT NO. 1 Project Area No. 1 - Housing Fund 1 2 3 4 5 1999-00 2000-01 2001-02 2002-03 2003-04 Beginning Fund Balance Per 1199 Cash Flow Estimates 5,731,760 4,026,600 2,199,926 1,228,927 1,393,754 Restricted: Sept Payment on 94 TABS (345,581) (350,888) (355,791) (362,068) (367,915) Restricted: Sept Payment on 95 TABS (763,605) (769,592) (775,112) (784,158) (788,598) Restricted: 112 Total P/D (174,984) (163,282) (165,698) (183,036) (177,535) Beginning Available Cash Balance 4,447,590 2,742,839 903,326 (100,334) 59,706 Revenues Tax Increment 2,633,105 2,737,920 2,846,402 2,958,682 3,074,891 Interest 200,000 200,000 200,000 200,000 200,000 Rental Program 341,000 341,000 341,000 341,000 341,000 Home Sales Proceeds 150,000 150,000 150,000 - - ERAF Loan Repayment - - - 916,740 TOTAL 3,324,105 3,428,920 3,537,402 3,499,682 4,532,632 Senior Lien Expenditures Housing Bond Debt Service 1994 TABS (18.5%) 485,569 485,604 484,758 484,858 480,901 1995 TABS 1,253,728 1,253,427 1,252,248 1,253,925 1,250,554 Subtotal 1,739,297 1,739,031 1,737,006 1,738,783 1,731,455 Planning & Development Reimbursements 259,989 238,608 240,474 242,081 242,907 Contract Services 77,637 75,242 77,827 110,503 98,272 Miscellaneous 12,342 12,713 13,094 13,487 13,892 Subtotal 349,968 326,563 331,396 366,071 355,071 TOTAL 2,089,265 2,065,594 2,068,402 2,104,854 2,086,526 Housing Program Costs Assessment Subsidy 220,000 220,000 220,000 220,000 220,000 Rental Program 260,000 260,000 260,000 260,000 260,000 Housing Program 750,000 750,000 750,000 750,000 750,000 Building Horizons 210,000 210,000 210,000 - - Miraflores/Catellus - - - RGC Adams/Avenue 48 Housing 1,500,000 - - - VillageLive/WorkHousing - 1,000,000 1,000,000 Miles/Washington Housing - 750,000 - - TOTAL 2,940,000 3,190,000 2,440,000 1.230,000 1,230,000 Net Cash Flows (1,705,160) (1,826,674) (971,000) 164,828 1,216,106 Ending Cash Balance 2,742,431 916,165 (67,674) 64,493 1,275,812 Notes: Assumes 4% secured growth in 1999-00 and 3.5% thereafter; no growth in unsecured or utility values; and $100,000 annually in unitary and supplemental revenues r 4� i La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 47 Second Five -Year Implementation Plan �; J .3 FINANCIAL RESOURCES PROJECT NO. 2 Project Area No. 2 - Housing Fund 1 2 3 4 5 1999-00 2000-01 2001-02 2002-03 2003-04 Beginning Fund Balance Per 1199 Cash Flow Estimates 802,056 Restricted. Sept Payment on 95 TABS (204,637) Restricted: 112 Payment on P & D (236,459) Beginning Available Cash Balance Revenues Tax Increment Interest ERAF Loan Repayment TOTAL Senior Lien Expenditures Housing Bond Debt Service 1995 TABS Planning & Development Reimbursements Contract Services Miscellaneous Subtotal TOTAL 522,756 (204,637) (266,487) 360,961 51,632 493,406 535,225 623,696 (204,637) (204,637) (204,637) (281,751) (282,021) (256,495) 7,018 48,567 162,564 1,061,758 1,121,734 1,172,113 1,217,959 1,265,408 20,700 20,650 21,650 23,450 25,000 - - - - 70,085 1,082,458 1,142,384 1,193,763 1,241,409 1,360,493 338,841 338,760 338,442 338,895 337,983 365,733 423,962 453,287 452,707 420,497 100,730 102,364 103,369 104,283 85,229 6.454 6,648 6,847 7,052 7,264 472,917 532,974 563,503 564,042 512,990 811,758 871,734 901,945 902,937 850,973 Housing Program Costs Housing Program 250,000 250,000 250,000 250,000 250,000 Miraflores/Catellus - - - - - CIP: Ave 48 Extension - CIP: Miles AvlWashington St - - - Spanos Company Apartments 300,000 Miles Washington Housing - 50,000 - TOTAL 550,000 300,000 250,000 250,000 250,000 Net Cash Flows (279,300) (29,350) 41,818 88,472 259,521 Ending Cash Balance 81,661 22,282 48,836 137,038 422,085 Notes: Assumes 7.5% secured growth in 1999-00, 5% in 2000-01, 4% in 2001-02, and 3.5% thereafter; no growth in unsecured or utility values; and $200,000 annually in unitary and supplemental revenues La Quinta Redevelopment Agency Project Nos. 1 and 2 July 1999 48 Second Five -Year Implementation Plan APPENDIX "I" Housing Affordability Compliance Plan (1',55 SECONDAMENDED HOUSING AFFORDABILITY COMPLIANCE PLAN (1994-95 through 2003-04) Prepared fbr: LA QUINTA REDEVELOPMENT AGENCY Adopted: 11999 Contact: Frank J. Spevacek, Principal Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Phone: 714.541.4585 Fax: 714.836.1748 E-Mail: RSGIncCA a,aol.com SECOND AMENDED HOUSING AFFORDABILITY COMPLIANCE PLAN This document is the Second Amended Housing Affordability Compliance Plan ("Second Compliance Plan") for the La Quinta Redevelopment Project and Redevelopment Project No. 2 of the La Quinta Redevelopment Agency ("Agency"). This Second Compliance Plan amends the Agency's preexisting housing affordability compliance plan (adopted on December 6, 1994 and subsequently amended on March 17, 1998) to update of Agency's affordable housing activities since 1994. In 1994, the Agency initiated a ten-year affordable housing effort to produce 870 inclusionary units estimated to be needed between 1994 and 2003. Since then, the Agency has produced (directly and indirectly) 321 of the 870 units. A. Legal Requirements for Compliance Plans Sections 33413(b)(4) and 33490(a)(2) and (3) of the California Community Redevelopment Law, Health and Safety Code Section 33000, et. seq. ("Law"), sets forth the requirement to prepare a plan that outlines how the Agency will achieve its affordable housing production objectives for a 10 year period. This Second Compliance Plan sets forth the Agency's program for ensuring that the appropriate number of very low, low, and moderate income housing units will be produced as a result of construction or substantial rehabilitation within Redevelopment Project Area No. 1 and Redevelopment Project Area No. 2 (herein referred to as the "Project Areas") for a ten-year period (fiscal years 1994-95 through 2003-04). B. Contents of the Compliance Plan This Second Compliance Plan has been developed to accomplish the following goals: • To account for the number of affordable dwelling units, either constructed or substantially rehabilitated, in both Project Areas since their respective adoptions; • To assess existing needs for the production of affordable housing as a result of the construction or substantial rehabilitation of dwelling units since the Project Areas were adopted; Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 1 Second Housing Affordability Compliance Plan rp J (,5'7 • To present the estimated number of dwelling units to be privately developed or substantially rehabilitated between 1994-95 and 2003-04 and over the duration of the respective Redevelopment Plans for the Project Areas; • To forecast the estimated number of dwelling units to be developed or substantially rehabilitated by the Agency between 1994-95 and 1998-99; • To project the availability of City/Agency and other revenue sources for funding affordable housing production; • To identify implementation policies/programs and potential sites for affordable housing development; • To establish a schedule of actions for implementing this Second Compliance Plan so as to ensure that the requirements of Section 33413 between 1994-95 and 2003-04 are met during that period; and • To review the affordable housing goals, objectives, and programs contained in the 1995 City of La Quinta ("City") Housing Element ("Housing Element") to confirm this Second Compliance Plan is consistent with the Housing Element. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 2 Second Housing Affordability Compliance Plan i,58 On November 29, 1983, the Agency adopted the Redevelopment Plan for the Project Area No. 1, establishing the Agency's .first redevelopment project area which encompasses approximately 17.5 square miles. Project Area No. 1 is located in the southern portion of the City and includes land designated for commercial, office, residential, retail, institutional, recreational, and public uses. Project Area No. 1 is bounded generally by Avenue 50 to the north, Jefferson and Madison Streets to the east, Avenue 60 to the south, and the city limit boundary on the west. At the time of its adoption, Project Area No. 1 included 2,240 dwelling units according to its Report to Council. The Agency established its second redevelopment project on May 16, 1989 with the adoption of the Redevelopment Plan for Project Area No. 2. Essentially, Project Area No. 2 encompasses the major portion of the City north of Avenue 50. Covering an area of approximately 3,116 acres, which includes residential and commercial land uses, Project Area No. 2 is significantly smaller than Project Area No. 1. Project Area No. 2 is bounded by Avenue 50 to the south, Fred Waring Drive (Avenue 44) to the north, Washington Street to the west, and Jefferson Street to the east. Also included within Project Area No. 2 are properties located west of Washington Street, north of the prolongation of the future alignment of Avenue 48; properties surrounding Point Happy north of Highway 111 and west of Washington Street; and property east of Jefferson Street and north of Highway 111. According to its Report to Council, Project Area No. 2 contained 608 dwelling units at the time of its adoption. The boundaries of both Project Area No. 1 and Project Area No. 2 are illustrated on the City map attached hereto as Exhibit 1. A. Purpose Since 1976, redevelopment agencies have been required to assure that at least thirty percent (30%) of all new or rehabilitated units developed by an agency are available at affordable costs to households of very low, low, or moderate income. Of this thirty percent (30%), not less than fifty percent (50%) is required to be available at affordable costs to very low income (50% or below of area median income) households. Further, Section 33413 requires that at least fifteen percent (15%) of all new or rehabilitated dwelling units developed within a project area by entities other than a redevelopment agency be made available at affordable costs to low or moderate income households. Of this fifteen percent (15%), not less than forty percent (40%) of the dwelling units must be available at affordable costs to very low income households. These requirements are applicable to Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 3 Second Housing Affordability Compliance Plan housing units as aggregated, and not on a case -by -case basis to each dwelling unit created or rehabilitated unless so required by an agency. Section 33413(b)(4) requires agencies to adopt a compliance plan to meet the above production requirements for each project area. The compliance plan must be consistent with the jurisdiction's housing element and must also be reviewed and, if necessary, amended at least every five (5) years in conjunction with the cyclical preparation of the housing element or the agency's five-year implementation plan. If, at the end of each ten (10) year period, the affordable housing production estimate is not realized, the Law requires that an agency meet the production goals on an annual basis until the requirements for the previous ten (10) year period are met. Should an agency exceed the production requirements within the ten (10) year period, the Law allows an agency to count the units that exceed the requirements to meet housing production requirements during the next ten (10) year period. B. Use of Housing Funds Per the Law, the Agency reserves twenty percent (20%) of the tax increment revenue from both Project Areas to increase and improve housing affordable to very low, low, and moderate income households. A separate Housing Fund has been established for this revenue. The Agency may invest this revenue in new construction and rehabilitation activities in both Project Areas. To date, the Agency has expended this revenue on new construction, rehabilitation, and rental housing assistance. C. Definitions and Data Compilation This Second Compliance Plan takes into account all residential construction or substantial rehabilitation that has occurred within the Project Areas since their adoption in order to determine affordable housing production needs; it includes figures for existing residential construction and substantial rehabilitation, and projections for the number of additional dwelling units to be constructed or substantially rehabilitated during the ten-year planning period. The following sections define "new construction" and "substantially rehabilitated" as used in this Second Compliance Plan, as well as the methodology used for collecting data on both existing and projected housing units. 1. New Construction. Construction statistics were provided by the City Planning staff. Because the Law does not provide a clear definition for new construction, Agency staff, consultant, and legal counsel have agreed upon a "definition" for new , r Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 4 Second Housing Affordability i i1 Compliance Plan construction. For the purposes of this Second Compliance Plan, building permits issued for the construction of new dwelling units since the respective adoption dates of the Project Areas are considered to be new construction dwelling units; therefore, these units generate the Agency's affordable housing production requirements. Projections of new units are affected by numerous complex factors such as: the general health of the local, regional, and national economy; employment levels; competition; and the inventory of existing housing. Based upon the recent economic trends, projecting the number of new units to be constructed over a ten-year period is difficult. Future dwelling unit construction projections used in this Second Compliance Plan are based upon existing land uses and recent historical trends of building permits issued for residential units. The City Planning staff does not anticipate that the Project Areas will experience buildout within the ten year time frame (1994-95 through 2003-04) covered by this Second Compliance Plan. It should be noted that neither the existing housing stock nor projections for future dwelling units include any units to be developed by the Agency. According to Agency staff, the Agency does not anticipate directly developing or substantially rehabilitating any dwelling units which would trigger the thirty percent (30%) affordable housing requirement of Section 33413(b)(1) within the ten-year time frame of this Second Compliance Plan. However, the Agency will continue to cooperate with and provide assistance and incentives to private developers in order to meet affordable housing production goals. 2. Substantial Rehabilitation. The Law defines "substantial rehabilitation" as - if .... rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value." 33413(b)(2)(A)(iv) "Substantially rehabilitated dwelling units" means - of .... substantially rehabilitated multifamily rented dwelling units with three or more units or substantially rehabilitated, with agency assistance, single-family dwelling units with one or two units." 33413(b) (2) (A) (iii) Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 5 Second Housing Affordability Compliance Plan Research to date indicates that no units have undergone substantial rehabilitation, as defined above, in either Project Area. Substantial rehabilitation has probably not occurred for five (5) reasons: (1) certain dwelling units in the City which would have required substantial rehabilitation have been demolished by the landowner in lieu of rehabilitation; (2) housing has been less costly to construct relative to the cost of substantial rehabilitation; (3) the majority of existing housing in the City is newer (built in 1970's and 1980's) and therefore not generally in need of any rehabilitation; (4) in certain cases where units are in need of substantial rehabilitation, the cost may be beyond the reach of the owners; and (5) in certain cases of rental housing, landlords may believe a better return may be achieved by renting existing non rehabilitated units rather than expending their capital for improvements and seeking higher rents. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 6 Second Housing Affordability �; r) Compliance Plan Sections A, B, and C below identify the number of dwelling units which have been destroyed/removed, constructed, or substantially rehabilitated within the Project Areas to date. Section D identifies existing affordable housing deficits in the Project Areas. A. Dwelling Units Destroyed or Removed Directly or Indirectly by Agency to Date As of June 25, 1999, the Agency has demolished one dilapidated dwelling unit that housed a person or family of low and moderate income in Project Area No. 1. Therefore, the Agency will provide one replacement housing unit in Project Area No. 1 to replace this dwelling. The Agency is currently soliciting construction proposals to build a new dwelling on the site of the demolished unit. At this time, the Agency has no plans to destroy, remove, or to assist financially with the destruction or removal of any affordable housing units within the remainder of the ten-year time frame of this Second Compliance Plan. B. Dwelling Units Constructed or Substantially Rehabilitated within the Proiect Areas to Date Based on information provided by the City's Planning Department, the total number of new housing units constructed in Project Area Nos. 1 and 2 is provided below. Time Period Project Area No. 1 Project Area No. 2 Total Adoption thru 1/31/94 3,824 904 4,728 2/1/94 thru 8/31/97 798 1,047 1,845 9/1 /97 thru 8/1 /99 761 454 1,215 Adoption thru 8/1/99 5,383 2,405 7,788 Table 1 on the following page provides additional data on housing units constructed. This production is generally on track with projections for new home construction used in the original Compliance Plan adopted in 1994. It is important to note that all of these dwelling units were developed privately; the Agency has not developed housing units in either Project Area. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 7 Second Housing Affordability 063 Compliance Plan Units Destroyed/Removed, Constructed and Rehabilitated (Project Adoptions through May, 1999) Both Project Project Project Area No. 1 Area No. 2 Areas Units Destroyed or Removed by Agency 1 0 1 Substantially Rehabilitated Units 0 0 0 Units Constructed Agency -Developed Units 0 0 0 Privately -Developed Units 5,383 2,405 7,788 TOTAL NEW/REHABILITATED UNITS 5,383 2,405 7,788 Source: City of La Quinta Planning Department (February 1994, September 1997, and June 1999). Note: Privately -Developed Unit total for Project Area No. 2 includes 2 mobilehomes. A review of building permit data indicates that there have been no dwelling units substantially rehabilitated in the Project Areas since their inception by the Agency or non -Agency entities. C. Dwelling Units Constructed or Substantially Rehabilitated as Affordable Housing to Date The Agency's housing production efforts have arisen from a series of Agency and privately initiated efforts. As summarized below, these efforts have yielded 321 units affordable to very low, low, and moderate income households. Stockman Development - Pursuant to an affordable housing agreement with the Agency, Stockman Development constructed 15 new single-family dwelling units on various infill lots in the Cove. All 15 units have been sold with recorded long-term affordability covenants. Of the 15 units, 9 units are reserved for very low income households, and 6 units are reserved for low income households. - Units Produced: 15 Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 8 Second Housing Affordability Compliance Plan Coachella Valley Housing Coalition (CVHC) - The Agency's affordable housing agreement with CVHC facilitated the construction of 10 single- family dwelling units in the Cove. In fiscal year 1993-94, these units were completed and sold to eligible households with long-term affordability covenants. Of the 10 units, 5 units are reserved for very low income households, and 5 units are reserved for low income households. - Units Produced: 10 Seasons/Williams Development Project -The Seasons/Williams Development Project involved the construction of a 91-unit senior citizen rental apartment project and 60 single-family detached housing units. The Agency has long-term affordability covenants on 111 units, including 97 very low units and 14 low income units. - Units Produced: 111 Building Horizons - Through a cooperative effort between the Agency and the Boys and Girls Club of Coachella Valley, the Agency has facilitated the construction of eight low and moderate income single-family dwelling units in the Cove. For all eight units, the Agency has recorded long-term affordability covenants ensuring the affordability of 5 units to low income households and 3 units to moderate income households. -Units Produced: 8 La Quinta Rental Housing Program - In 1995-96, the Agency purchased 50 single-family dwelling units which had been a part of the Coachella Valley Land rental project; 49 units are rented to very low income Section 8 households. In 1996-97, the Agency sold 1 of the 50 units to a low income household. The Agency is reinvesting excess rental incomes to rehabilitate the units and is subsequently selling these units to eligible very low income households. Efforts are being made to sell many of these units to existing very low income tenants. - Units Produced: 50 La Quinta Housing Program - The La Quinta Housing Program consists of three components: 1) a Silent Second Trust Deed Program, 2) a Residential Rehabilitation Program, and 3) a Dilapidated Unit Refurbishment Program. Since initiating the Silent Second Trust Deed Program in 1996-97, the Agency has funded and secured affordability covenants on 44 affordable housing units, 11 of which can be counted toward the Agency's housing production requirements. The affordability mix of the 44 units includes 9 very low units and 28 low units and 7 moderate Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 9 Second Housing Affordability Compliance Plan ;.6r units. Specifically, the affordability mix of the 11 units counted towards the Agency's housing production requirements includes one very low, eight low, and two moderate income units. The Residential Rehabilitation Program has assisted 1 low income unit and 1 moderate income unit between 1994- 95 and 1998-99. Currently, three units are pending approval. The Dilapidated Unit Refurbishment Program has resulted in the acquisition of 3 units in the Cove. One unit has been demolished and the Agency is currently seeking development proposals for the replacement of this unit. The second unit is currently under going rehabilitation. The disposition of the third unit is being evaluated. Additional affordable units will be produced in the coming years through implementation of the Silent Second and Dilapidated Unit Refurbishment Programs. -Units Produced: 11 Villa Cortina - Through the use of Tax Credit financing, the private sector developed the 116-unit multifamily rental Villa Cortina project in Project Area No. 1. All 116 units have 50-year affordability covenants, one-half of the units (48 units) are restricted to very low income households, and the remaining 68 units are occupied by low income households. -Units Produced: 116 Table 2 below summarizes the affordable housing units which have been produced. Covenant Restricted Units Produced/Contracted/Pending Very Low Low/Moderate Total Units Units Units Units Produced 210 ill 321 D. Existing Affordable Housing Deficit In Project Area No. 1, there were a total of 3,824 privately developed units constructed between 1983 and 1994; a total of 904 privately developed units were constructed in Project Area No. 2 between 1989 and 1994. Per Section 33413(b)(2) affordable housing production provisions for privately developed units constructed, the Agency must ensure that a total of 709 affordable housing units are produced, of which 574 (15% of 3,824) are to be produced for Project Area No. 1 and 135 (15% of 904) are to be produced for Project Area No. 2. 4J Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 10 Second Housing Affordability 6 E) Compliance Plan Of the 574 affordable housing units currently required for Project Area No. 1, 230 units must be affordable to very low income households, and 344 affordable to low and moderate income households. Of the 135 required affordable housing units for Project Area No. 2, 54 units must be affordable to very low income level households, and 81 units affordable to low and moderate income households. This is further summarized in Table 3. Section 33413 is unclear regarding the application of its provisions regarding housing deficits in existence prior to the original adoption of the compliance plan in 1994. Under one approach, and for the purposes of this Second Compliance Plan, it is assumed that the pre-existing housing deficit can be met over the life of the Redevelopment Plans. Pursuant to AB 1290 redevelopment plan limits, the deadline on redevelopment activities for Project No. 1 is 2023 and for Project No. 2 is 2029. These deadlines may be extended by ordinance to carry out replacement housing obligations or to allow full expenditure of the Housing Fund. The Agency shall, however, utilize best efforts to remedy pre-existing housing deficits over the ten-year period. Pre-existing Housing Production Deficit - Project No. 1 and No. 2* Project No. 1 Project No. 2 Total Project Areas . Plan Adoption to 1994. Total Private Devel/Rehab Units 3,824 904 4,728 Required Affordable Units 574 135 709 Required Very Low Units 230 54 284 Required Low/Moderate Units 344 81 425 Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 11 Second Housing Affordability Compliance Plan (� I Estimates for the total number of dwelling units to be constructed within the Project Areas both during the ten-year period and over the life of the Redevelopment Plans were provided by City Planning staff, and are based on existing land uses as well as recent growth trends within the Project Areas. It is anticipated that all of these units will be developed by entities other than the Agency. Further, it is not anticipated that any units will be substantially rehabilitated in the future. As shown on Table 4, the total number of units estimated to be developed over the ten-year period (1994 through 2003) is 5,947 (3,366 in Project Area No. 1, and 2,581 in Project Area No. 2). [Note: as of August 1999, 3,193 units will be built of the 5,947 projected.] This would create an affordable housing production need of 892 units, including 357 very low income units. The Agency's affordable housing activities to date resulting in the production of 321 units reduces the ten- year housing need to 571 units. Beyond the ten-year period, or after fiscal year 2003-04, staff estimates that another 3,450 dwelling units could be developed in the Project Areas. The inclusionary production requirement associated with these additional units is for 518 affordable units, including 207 very low income units. Thus, when combining the preexisting affordable housing deficit of 709 units, with the 571 unit need for the current ten-year period and the projected need for an additional 518 units after the ten-year period, the Agency's total projected housing production needs are 1,798 units, of which 638 units are very low income units. As stated earlier, it is the Agency's intent to meet the pre-existing 709 unit housing deficit over the duration of the Redevelopment Plans. Future housing needs for 518 units beyond the ten-year period will be addressed after the current ten-year planning need has been satisfied. Thus, the Agency will focus its immediate efforts to produce 571 dwelling units to meet the production need for the current ten-year period. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 12 Second Housing Affordability j � 6 8 Compliance Plan Total Required Affordable Housing Production Total Private Affordable Very Low Units Low/Moderate Devel/Rehab Units Needed Needed Units Needed Units AdoptionPre-existing (Plan . 1994-95) Preexisting Deficit (Table 3) N/A 709 284 425 i Year Period 00i• New Units Projected (1994- 5,947 892 357 535 95 through 2003-04) Less: Affordable Units N/A (321) (210) (111) Produced (Table 2) Current 10 Year Period N/A 571 147 424 Deficit RedevelopmentLife of New Units Projected (2003- 3,450 518 207 311 04 through Plan Durations) Total Units Needed By N/A 1,798 638 1,160 Termination of Red. Plans Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 13 Second Housing Affordability Compliance Plan A. Projections of Agency Twenty Percent (20%) Low and Moderate Income Housing Set -Aside Funds The Agency deposits twenty percent (20%) of tax increment revenue allocated to the Agency into separate housing fund accounts for each Project Area. Projections of Housing Fund revenues for both Project Areas are shown on Table 5. Table 5 includes existing housing fund balances, gross set -aside revenues, expenditures, and net housing fund revenues for the remainder of the ten-year period (fiscal years 1999-00 through 2003- 04). Expenditures include debt service payments on Series 1994 and 1995 bonds, Agency administration costs, and housing program expenditures per contractual agreements. The total resources available to the Agency, net of expenditures, to implement affordable housing projects over the remainder of the ten-year period for Project Area Nos. 1 and 2 (1999-00 through 2003-04) is estimated to be $15,961,227 and $2,311,902, respectively. Because few, if any, other funding sources exist, the Housing Fund is the only major source of revenue available for implementing affordable housing projects needed to remedy the housing deficit. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 14 Second Housing Affordability Compliance Plan i � 1 o- rl 1 Project Area No. 1 - Housing Fund 1 2 3 4 5 1999-00 2000-01 2001-02 2002-03 2003-04 Beginning Fund Balance Per 1199 Cash Flow Estimates 5,731,760 4,026,600 2,199,926 1,228,927 1,393,754 Restricted: Sept Payment on94TABS (345,581) (350,888) (355,791) (362,068) (367,915) Restricted: Sept Payment on 95 TABS (763,605) (769,592) (775,112) (784,158) (788,598) Restricted: 112 Total P/D (174,984) (163,282) (165,698) (183,036) (177,535) Beginning Available Cash Balance 4,447,590 2,742,839 903,326 (100,334) 59,706 Revenues Tax Increment 2,633,105 2,737,920 2,846,402 2,958,682 3,074,891 Interest 200,000 200,000 200,000 200,000 200,000 Rental Program 341,000 341,000 341,000 341,000 341,000 Home Sales Proceeds 150,000 150,000 150,000 - - ERAF Loan Repayment - - - 916,740 TOTAL 3,324,105 3,428,920 3,537,402 3,499,682 4,532,632 Senior Lien Expenditures Housing Bond Debt Service 1994 TABS (18.5%) 485,569 485,604 484,758 484,858 480,901 1995 TABS 1,253,728 1,253,427 1,252,248 1,253,925 1,250,554 Subtotal 1,739,297 1,739,031 1,737,006 1,738,783 1,731,455 Planning & Development Reimbursements 259,989 238,608 240,474 242,081 242,907 Contract Services 77,637 75,242 77,827 110,503 98,272 Miscellaneous 12,342 12,713 13,094 13,487 13,892 Subtotal 349,968 326,563 331,396 366,071 355,071 TOTAL 2,089,265 2,065,594 2,068,402 2,104,854 2.086,526 Housing Program Costs Assessment Subsidy 220,000 220,000 220,000 220,000 220,000 Rental Program 260,000 260,000 260,000 260,000 260,000 Housing Program 750,000 750,000 750,000 750,000 750,000 Building Horizons 210,000 210,000 210,000 - - Miraflores/Catellus - - - RGC AdamsiAvenue 48 Housing 1,500,000 - - Village Live/Work Housing - 1,000,000 1,000,000 Miles/Washington Housing 750,000 - - TOTAL 2,940,000 3,190,000 2,440,000 1,230,000 1,230.000 Net Cash Flows (1,705,160) (1,826,674) (971,000) 164,828 1,216,106 Ending Cash Balance 2,742,431 916,165 (67,674) 64,493 1,275,812 Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 15 Second Housing Affordability Compliance Plan t U 1171 Project Area No. 2 - Housing Fund 1 2 3 4 5 1999-00 2000-01 2001-02 2002-03 2003-04 Beginning Fund Balance Per 1199 Cash Flow Estimates 802,056 522,756 493,406 535,225 623,696 Restricted: Sept Payment on 95 TABS (204,637) (204,637) (204,637) (204.637) (204,637) Restricted: 112 Payment on P & D (236,459) (266,487) (281,751) (282,021) (256,495) Beginning Available Cash Balance 360,961 51,632 7,018 48,567 162,564 Revenues Tax Increment 1,061,758 1,121,734 1,172,113 1,217,959 1,265,408 Interest 20,700 20,650 21,650 23,450 25,000 ERAF Loan Repayment - - - 70,085 TOTAL 1,082,458 1,142,384 1,193,763 1,241,409 1,360,493 Senior Lien Expenditures Housing Bond. Debt Service 1995 TABS 338,841 338,760 338,442 338,895 337,983 Planning & Development Reimbursements 365,733 423,962 453,287 452,707 420,497 Contract Services 100,730 102,364 103,369 104,283 85,229 Miscellaneous 6,454 6,648 6,847 7,052 7,264 Subtotal 472,917 532,974 563,503 564,042 512,990 TOTAL 811,758 871,734 901,945 902,937 850,973 Housing Program Costs Housing Program 250,000 250,000 250,000 250,000 250,000 Miraflores/Catellus - - - - - CIP: Ave 48 Extension CIP: Miles Av/Washington St - - Spanos Company Apartments 300,000 MileslWashington Housing - 50,000 - TOTAL 550,000 300,000 250,000 250,000 250,000 Net Cash Flows (279,300) (29,350) 41,818 88,472 259,521 Ending Cash Balance 81,661 22,282 48,836 137,038 422,085 Notes: ' Assumes 7.5% secured growth in 1999-00, 5% in 2000-01, 4% in 2001-02, and 3.5% thereafter; no growth in unsecured or utility values; and $200,000 annually in unitary and supplemental revenues Rosenow Spevacek Group, Inc. July, 1999 La Quinta Redevelopment Agency 16 Second Housing Affordability Compliance Plan 1 2- B. Other City/Agency Revenues The City of La Quinta was incorporated after the adoption of Proposition 13 in 1978, so property tax revenues comprise a small amount of the City's total revenue. The City's limited and somewhat seasonal economic base does not generate sufficient tax revenues to meet many nonoperational General Fund needs. For these reasons, it is very unlikely that the City will be able to provide any financial resources to help remedy the Agency's affordable housing deficit. Existing Agency funding requirements for the nonhousing Redevelopment Funds include outstanding bonded debt obligations, pass through payments to taxing agencies, and rent and overhead costs. Because of these heavy funding commitments, no revenue from the Agency's Redevelopment Fund is anticipated to be available to assist with the implementation of affordable housing projects. C. Other Revenue Sources Other revenue sources the Agency will evaluate over the remainder of the ten-year term include funding available from federal programs (i.e., HUD, CDBG, and Section 8), state programs, and low income housing tax credits. The feasibility of Agency financing will also be examined over this time period. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 17 Second Housing Affordability Compliance Plan r. c L �ti:S �i � This section presents the strategies the Agency is pursuing to meet the production requirement for the current ten-year cycle. As identified earlier in Table 4, the Agency is projected to need 571 affordable units (including 147 very low income units) to achieve its production goals for the current ten-year cycle (1994-95 through 2003-04). The Agency will pursue the following programs to produce needed affordable housing for the remainder of the ten-year cycle. Any units produced in excess of the 571 units needed will be credited to the production deficit or the next ten-year cycle production need. Avenue 48/Jefferson Project: The Agency has successfully negotiated an agreement with Catellus Development to construct 118 senior apartments and 86 single-family dwellings, all of which will be affordable to very low, low and/or moderate income household. The development will be located on the northwest corner of Avenue 48 and Jefferson Street. All units would carry affordability deed restrictions. - Estimated Units Produced: 204 Miles[Washington Street: The Agency purchased a 55-acre site, has begun construction of off -site improvements and has initiated community planning efforts. The Agency will work toward the development of the site with affordable housing to very low, low and/or moderate income households. Preliminary estimates indicate that 106 units could be accommodated on this site. Avenue 48/Adams Street (RGC): The Agency is currently in discussions with RGC for the construction of 99 single-family homes on approximately 36 acres. Of these, 65 would be affordable to moderate income households. - Estimated Units Produced: 65 available to moderate income households Building Horizons: Continued implementation of the Building Horizons program is anticipated to result in the production of 10 affordable units between 1999-00 and 2003-04. Staff estimates that the 10 units will be restricted to low and moderate income households. , Estimated Units Produced: 10 Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 18 Second Housing Affordability 1 7 4 Compliance Plan La Quinta Housing Program: The Agency will continue to implement the La Quinta Housing Program to facilitate the production of affordable housing units throughout the City. Contingent upon available funding and program participation, the Second Trust Deed could yield up to 75 affordable units over the remaining five years of the ten-year cycle. Approximately 7 of the 75 units produced by the Second Trust Deed Program could be restricted to very low income households. It is also anticipated that the Dilapidated Unit Refurbishment Program would generate another 10 units (2 units per year) of low income affordable units. In total, the La Quinta Housing Program is expected to generate up to 85 affordable units over the remainder of the ten-year cycle. - Estimated Units Produced: 85 A.G. Spanos Proposal: The Agency is completing an affordable housing agreement with A.G. Spanos regarding the development of 200 apartments, of which 20 units will be at rents affordable to moderate income households. The proposed site, totaling 14.4 acres, is located at Adams Street and Avenue 48. - Estimated Units Produced: 20 Village Live/Work Housing: The Agency wishes to initiate this program to build a mixed -use development in the Village area consisting of commercial uses and housing. The housing units could potentially be lofts above first floor businesses, and may be affordable to low and very low income households. This program is still in the planning stages, and potential sites, specifics regarding the development and the affordability mix, have not been determined as of the date of the Second Compliance Plan. C. Provide Incentives to Developers to Promote Housinq Development The City can offer incentives to facilitate the production of affordable dwelling units. Current incentives include density bonuses in exchange for long-term affordability covenants. Other incentives could include the following.- * Fund, waive or reduce development fees • Lease of City/Agency owned property • Provide off -site improvements Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 19 Second Housing Affordability Compliance Plan Provide "Extra" Density Bonuses • Tax Credits • Community Reinvestment Act Incentives As mentioned previously, Section 33413(b)(2)(A)(ii) allows the Agency to meet affordable housing requirements by providing affordable housing units outside of the Project Areas on a two -for -one basis. The Agency has adopted resolutions for both Project Areas to allow the use of housing funds outside of Project Area boundaries. D. Other Affordable Housing Programs 1. Community Development Block Grant (CDBG) Program. The Agency will continue to pursue available CDBG Program funds from the Federal government (HUD) to assist with meeting affordable housing goals. The CDBG funds can be utilized for community improvements, land acquisition and write -down, and other public/private cooperative agreements. 2. State of California Housing Programs. State housing programs are more limited in scope and funding than are Federal housing programs. Specific State programs discussed previously that the Agency applies for will be based upon availability, and the specific affordable housing projects. E. Rehabilitation Loans and Grants Although no "substantial rehabilitation" has occurred within the Project Areas to date, as the existing housing stock ages the need for rehabilitation will increase. F. Community Involvement - Self Help 1. Encouragement of Self -Help Programs. These offer an opportunity to produce houses to lower income segments of the community at a minimum of cost. The Coachella Valley Housing Coalition currently implements a Self -Help Program which provides a dollar amount credit for hours contributed to the construction of a home by the potential homeowner. Such programs traditionally are used for new construction; it seems plausible that similar techniques could be applied for substantial Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 20 Second Housing Affordability Compliance Plan 1 1i1fi� rehabilitation in appropriate situations. This could promote the enhancement rather removal of obsolescent structures. 2. Community Involvement. Agency partnerships with community organizations may also increase the amount of affordable housing in the Project Areas. For example, the Building Horizons Program has resulted in the production of 8 single family dwelling units, 5 of which were made available to very low income households. The Building Horizons Program is a cooperative effort between the Agency and the Boys and Girls Club of Coachella Valley. G. Potential Sites for Affordable Housing Units As discussed on pages 19 and 20, the Agency currently owns two properties, a 50-acre site near the corner of Avenue 48 and Adams Street and a 55-acre site near the corner of Miles and Washington Streets. The Agency is in negotiations with a developer for the Avenue 48/Adams Street site. The Agency will continue to identify appropriate sites for affordable housing. Potential sites for affordable housing are undeveloped land zoned for low density residential (2-4 DU/AC), medium high density residential (8- 12 DU/AC), or mixed/regional commercial allowing residential uses (8-16 DU/AC). The Agency will continue to pursue additional sites that are suitable for development of affordable housing. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency July, 1999 21 Second Housing Affordability Compliance Plan i;7 7 This section forecasts a potential implementation strategy for the production of these units. At this time, beyond the current units contracted, no specific programs have been proposed. As such, this implementation strategy sets forth a general policy direction. With regard to the production of the 571 units needed for the current ten-year cycle, the Agency will first seek to employ available Housing Fund revenues to facilitate the production of these units in accordance with the quantified objectives of the Regional Housing Needs Assessment (RHNA) developed by the Southern California Association of Governments. The RHNA establishes both the projected need for nonmarket rate housing and the "same share" distribution of.a projected need to each jurisdiction in each market area. For the City of La Quinta, the RHNA sets forth an affordable housing need in the following proportions: very low income households - 206 units; low income households - 200 units; and moderate income households - 231 units. Thus, the RHNA proposes generally an equal division of housing units that cross the very low, low, and moderate income categories. The RHNA proportions set forth in the Housing Element for the General Plan dictate the future housing need for the City. In this Second Compliance Plan, these proportions have been applied in order to forecast the appropriate division of resources so as to show a balanced production of affordable housing relating to housing production occurring over the ten-year cycle. Based upon the Agency's combined available revenues of $18,278,129, the Agency could be able to fund various housing programs to achieve an equal distribution of very low, low, and moderate income household units pursuant to the RHNA. Section VI of this Second Compliance Plan delineates various Agency programs that are projected to result in a total of at least 384 affordable dwelling units over the next five years. The estimated 384 units produced with Agency assistance will be counted towards the projected affordable housing need of 571 units projected over the ten-year cycle. With respect to the 187 remaining units, the Agency/City Council are considering implementation of various regulatory measures and development incentives such as those set forth in this Second Compliance Plan that will ensure the production of these units within the ten-year time frame. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency t 1 1 8 July, 1999 22 Second Housing Affordability Compliance Plan As discussed earlier in this Second Compliance Plan, the Agency is permitted to address the existing 709-unit affordable housing deficit over the life of the respective Redevelopment Plans. The programs expected to be implemented to assure the production of these units will be similar to those outlined above. In the event that the Agency is unsuccessful in meeting its production of affordable housing at the termination of the respective Redevelopment Plans, the effectiveness of one or both of the Redevelopment Plans may be extended in order to collect additional tax increment revenue and facilitate additional Agency housing programs as necessary to eliminate any remaining housing production deficits, pursuant to Section 33333.6 of the Law. Table 5 shows an estimated annual production timeline for the production and estimated costs of affordable dwelling units needed over the balance of the ten- year cycle. Affordable Housing -Production Implementation Program Timeline Affordable Housing Goals for Remainder of 10 Year Planning Period (1999 - 2003) 3 v 0 J 0 21 3 0 ? o J 0 F New Units Projected (1994-95 through 2003-04) 357 535 892 Less: Affordable Units Produced (Table 2) (210) (111) (321) Current 10 Year Period Deficit 147 424 571 Anticipated Production Activities for Remainder of Units 10 Year Produced Planning Period (1999 - 00 Estimated Units Produced Annually O O O N M a m J O O O O O m Estimated o 0 0 0 J F Cost N N N N r In Planned Agency -Subsidized Programs Avenue 48 8 Jefferson Street Project (Catellus) 118 86 204 $5,195,808 18 48 77 61 0 204 Building Honzons 0 10 10 $420,000 2 2 2 2 2 10 La Quinta Housing Program: Silent Second 7 68 75 $3,250,000 15 15 15 15 15 75 La Quinta Housing Program: Dilap. Refurb. 5 5 10 $1,250,000 2 2 2 2 2 10 Avenue 481Adams Street (RGC) 0 65 65 $1,500.000 0 65 0 0 0 65 Miles,Washington Street' 0 0 0 $800,000 0 0 0 0 0 0 A.G. Spanos 0 20 20 $300,000 20 0 0 0 0 20 Village Live/Work Housing' 0 0 0 $2,000,000 0 0 0 0 0 0 Subtotal 130 254 384 $14,715,808 57 132 96 80 19 384 Other Agency and City Programs Q 0 Q N/A Q 0 0 Q Q Q Grand Total Anticpated Production 130 254 384 57 132 96 80 19 384 Rosenow Spevacek Group, Inc. July, 1999 La Quinta Redevelopment Agency 23 Second Housing Affordability Compliance Plan . 0 e t Because this Second Compliance Plan focuses on providing housing for lower income households who are generally the most difficult segment of the community to provide housing for, it is clearly consistent with the Housing Element's goal to provide housing for all economic groups within the City. Both this Second Compliance Plan and the Housing Element state the there is a definite need to assure an adequate supply of housing for the lower income segments of the City. Like the Housing Element, this Second Compliance Plan emphasizes the need to provide incentives to developers in order to increase the supply of affordable housing units in the Project Areas and Citywide. This Second Compliance Plan suggests many of the same incentives which can be provided to developers who create affordable housing units. Some of these incentives include allowing density bonuses, altering building standards, writing down land costs, paying all or part of development fees, paying for off -site improvements, working to speed up the permit process, and subsidizing mortgage interest rates. This Second Compliance Plan also reaches the same assumption as the Housing Element regarding what revenue sources will be available to subsidize affordable housing projects. Both planning documents make it clear that the only viable revenue source available to assist with alleviating affordable housing problems in the City is the Low and Moderate Income Housing Set -Aside Fund of the Redevelopment Agency. A major focal point of the goals policies and objectives of the Housing Element is to provide housing for all economic segments of the City, especially lower income families. Because the major goal of this Second Compliance Plan is also to provide housing for these lower income households, and the proposed plans and programs for improving the supply of affordable housing in the City presented in this Second Compliance Plan are similar to plans and policies of the Housing Element, there is clearly a high degree of consistency between the Second Compliance Plan and the Housing Element. Rosenow Spevacek Group, Inc. La Quinta Redevelopment Agency n July, 1999 24 Second Housing Affordability I' Compliance Plan EXHIBIT "I" Map of Project Areas 011 EXHIBI I I LA QUINTA REDEVELOPMENT AGENCY Redevelopment Project Areas Project Area Boundaries a m NORTH AVENUE 44 HIGHWAY 111 Q-- - AVENUE 50 E HIM I i�� �a •ci 4 THE COVE 1 ---F AVENUE 52 Existing Project Area No. 2 Existing Project Area No. 1 AVENUE 54 LAVENUE 56 c FAVENUE 58 c AVENUE 60 G�?