Loading...
2013 12 17 CCCity Council agendas and staff reports are now available on the City's web page: www./a-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, DECEMBER 17, 2013 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED IN THE LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APN'S 770-123-002; 770-123-003; 770- 123-004; 770-123-006; 770-123-010; 770-124-002; 770-124-003; 770- 124-004; 770-124-007; AND 770-124-009). PROPERTY BUYER/ NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CITY COUNCIL AGENDA 1 DECEMBER 17, 2013 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK RESORT (APN'S 770-200-026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014). PROPERTY BUYER/NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES PAGE 1 . MINUTES OF DECEMBER 3, 2013 7 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVE DEMAND REGISTER DATED DECEMBER 17, 2013 19 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31 31, 2013 3. RECEIVE AND FILE REVENUE & EXPENDITURE REPORTS DATED 43 OCTOBER 31, 2013 4. APPROVE DECLARATION OF SURPLUS 57 CITY COUNCIL AGENDA 2 DECEMBER 17, 2013 PAGE 5. APPROVE CONTRACT AMENDMENT NO. 2 TO PROFESSIONAL 63 SERVICES AGREEMENT WITH TY LIN INTERNATIONAL FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH ADAMS STREET BRIDGE 6. APPROVE AMENDMENT NO. 2 TO THE FACILITY USE 75 AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION MODIFYING THE INSURANCE REQUIREMENTS FOR USE OF CITY FACILITIES DURING THE ANNUAL ARTS FESTIVAL 7. APPROVE MASTER LEASE AGREEMENT AND LEASE PURCHASE 79 SCHEDULE WITH DELL FINANCIAL SERVICES, LLC FOR EQUIPMENT, SUPPORT AND MAINTENANCE 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 518 91 AMENDING CHAPTER 12.56 OF THE MUNICIPAL CODE REVISING TRUCK ROUTES WITHIN THE CITY OF LA QUINTA 9. APPROVE A RECIPIENT FOR THE 2014 SENIOR INSPIRATION 97 AWARD PROGRAM 10. APPROVE THE PROGRAM SUPPLEMENTAL AGREEMENT WITH 105 CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 111 AT WASHINGTON STREET INTERSECTION IMPROVEMENTS 11. EXCUSE BOARD MEMBER KURT MORTENSON FROM THE 113 DECEMBER 11, 2013 INVESTMENT ADVISORY BOARD MEETING 12. EXCUSE COMMISSIONER PEGGY REDMON'S ABSENCE FROM 115 THE DECEMBER 12, 2013 HISTORIC PRESERVATION COMMISSION SPECIAL MEETING 13. EXCUSE COMMISSIONER MARIA RYSER'S ABSENCE FROM 117 THE NOVEMBER 6, 2013, HOUSING COMMISSION SPECIAL MEETING BUSINESS SESSION 1. INTERVIEWS AND APPOINTMENT OF A RESIDENT TO ONE 119 VACANCY ON THE INVESTMENT ADVISORY BOARD CITY COUNCIL AGENDA 3 DECEMBER 17, 2013 PAGE 2. ADOPT A RESOLUTION TO APPROVE A PURCHASE AND SALE 127 AGREEMENT WITH MARVIN INVESTMENTS, INC. FOR THE SALE AND FUTURE DEVELOPMENT OF CERTAIN PROPERTIES LOCATED IN THE LA QUINTA VILLAGE [RESOLUTION 2013-0601 3. CITY COUNCIL ANNUAL REORGANIZATION 167 STUDY SESSION 1 . TOURISM WEBSITE DEMONSTRATION REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 4. ANIMAL CAMPUS COMMISSION (Franklin) 5. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 6. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin) 7. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 9. CVAG PUBLIC SAFETY COMMITTEE (Henderson) 10. CVAG TRANSPORTATION COMMITTEE (Henderson) 1 1 . LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson) 13. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) 14. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 169 15. CVAG EXECUTIVE COMMITTEE (Adolph) 16. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Adolph) 17. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (Adolph) 18. SUNLINE TRANSIT AGENCY (Adolph) 19. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Adolph) 20. PALM SPRINGS AIRPORT COMMISSION REPORT 171 21. COMMUNITY SERVICES COMMISSION MINUTES - NOVEMBER 4, 173 2013 22. PLANNING COMMISSION MINUTES - NOVEMBER 12, 2013 175 CITY COUNCIL AGENDA 4 DECEMBER 17, 2013 DEPARTMENT REPORTS PAGE 1. CITY MANAGER — RESPONSE TO PUBLIC COMMENT ON 183 DECEMBER 3, 2013 REGARDING THE NORTH LA QUINTA ASSESSMENT DISTRICT WORKSHOPS 2. CITY ATTORNEY 3. CITY CLERK A. EVENTS AND CITY COUNCIL CALENDAR 213 B. VERBAL REPORT ON NEW LAW AFFECTING MUNICIPAL MEETINGS AND ELECTIONS 4. COMMUNITY SERVICES REPORT — NOVEMBER 2013 217 5. COMMUNITY DEVELOPMENT REPORT — NOVEMBER 2013 227 6. PUBLIC WORKS DEPARTMENT REPORT — NOVEMBER 2013 233 MAYOR'S AND COUNCIL MEMBER'S ITEMS PUBLIC HEARINGS — NONE NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7: 00 PM UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THA T HA VE NOT BEEN CONSIDERED. ADJOURNMENT The regular meeting of January 7, 2014 has been cancelled. The next regular meeting will be held on January 21, 2014, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78- 495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on December 13, 2013. DATED: December 13, 2013 SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL AGENDA 5 DECEMBER 17, 2013 Public Notices • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's office at 777-7103. A one (1) week notice is required. • If background material is to be presented to the Planning Commission during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 6 DECEMBER 17, 2013 CITY COUNCIL MINUTES TUESDAY, DECEMBER 3, 2013 A regular meeting of the La Quinta City Council was called to order at 3:01 p.m. by Mayor Adolph. PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT DUNE PALMS ROAD AND HIGHWAY 111 (APN: 600-020-053). PROPERTY OWNERS/NEGOTIATORS: GEORGE VELARDE 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED IN THE LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APN'S 770-123-002; 770-123-003; 770- 123-004; 770-123-006; 770-123-010; 770-124-002; 770-124-003; 770- 124-004; 770-124-007; AND 770-124-009). PROPERTY OWNER/ NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN 3. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING THE POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK RESORT (APN'S 770-200-026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490- 014). PROPERTY OWNERS/NEGOTIATORS: JOHN GAMLIN, MERIWETHER COMPANIES; ROBERT S. GREEN, JR., THE ROBERT GREEN COMPANY CITY COUNCIL MINUTES DECEMBER 3, 2013 7 4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) (ONE MATTER) COUNCIL RECESSED TO CLOSED SESSION AT 3: 02 P.M. MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). Council did not conclude its discussion on all Closed Session items so they will return to Closed Session during the dinner break. Mayor Adolph led the audience in the pledge of allegiance. PUBLIC COMMENT Public Speaker: Allen Worthy, Palm Desert — Mr. Worthy thanked Council for hearing his matter at the last meeting and he showed Council a copy of the fraudulent documents used against him. Public Speaker: Lothar Vasholz, Palm Desert — Mr. Vasholz provided information on the challenges of single parenting and explained the new free program offered at St. John's Lutheran Church from January 13 through April 7, 2014 on Monday evenings. The following Public Speakers spoke in opposition to any assessment increase on north La Quinta subdivisions: • Greg McGuire, north La Quinta resident • Andrew Kerr, north La Quinta resident • Carol Orlan, north La Quinta resident • MaryAnn Lamb, north La Quinta resident • Kathy Whitcomb, north La Quinta Public Speaker: Stephani Kerr, North La Quinta — Ms. Kerr spoke in opposition to any public use of the retention basin in her neighborhood by the AYSO or others. CONFIRMATION OF AGENDA City Manager Frank Spevacek requested that the order of the Public Hearing Items be switched to No. 4, No. 1, No. 2, No. 3. Council concurred. CITY COUNCIL MINUTES 2 DECEMBER 3, 2013 8 PRESENTATIONS 1. LIBRARY AND MUSEUM QUARTERLY REPORT FOR JULY THROUGH SEPTEMBER 2013 Museum Manager Anne Phillips and the LSSI Library Zone Manager Barbara Bowie presented the staff report, which is on file in the City Clerk's office. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES 1 . MINUTES OF NOVEMBER 19, 2013 MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to approve the minutes of November 19, 2013 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. APPROVE FISCAL YEAR 2012/2013 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT 2. APPROVE FISCAL YEAR 2012/2013 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT 3. DENY CLAIM FOR DAMAGES FILED BY JOAN CRUTCHFIELD; DATE OF LOSS — SEPTEMBER 13, 2013 4. EXCUSE BOARD MEMBER KEVIN McCUNE'S ABSENCE FROM THE NOVEMBER 6, 2013, ARCHITECTURAL AND LANDSCAPING REVIEW BOARD 5. EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE NOVEMBER 26, 2013 PLANNING COMMISSION MEETING 6. APPROVE DEMAND REGISTER DATED NOVEMBER 19, 2013 MOTION — A motion was made and seconded by Councilmembers Evans/Franklin to approve the Consent Calendar as recommended. Motion passed unanimously. CITY COUNCIL MINUTES 3 DECEMBER 3, 2013 BUSINESS SESSION 1. SELECT A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE MOTION — A motion was made and seconded by Councilmembers Evans/ Henderson to select Mayor Adolph as its representative for three consecutive Chamber of Commerce meetings. 2. INTRODUCE ORDINANCE TO AMEND THE LA QUINTA MUNICIPAL CODE REGARDING TRUCK ROUTES [ORDINANCE 5181 Principal Engineer McKinney presented the staff report, which is on file in the City Clerk's Office. MOTION — A motion was made and seconded by Councilmembers Osborne/ Henderson to take up Ordinance NO. 518 by title and number only and waive further reading to amend Section 12.56.011 of the La Quinta Municipal Code to change the truck route designation list. Motion passed unanimously. City Clerk Maysels read the title of Ordinance No. 518 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 12.56 OF THE MUNICIPAL CODE MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to introduce Ordinance No. 518 on first reading. Motion passed unanimously. STUDY SESSION 1. OVERVIEW OF UNMANNED AIRCRAFT SYSTEMS (UAS) PROGRAM Chris Escobedo, Assistant to the City Manager, introduced Frank Taylor, Community Safety Consulting Group, who presented the staff report, which is on file in the City Clerk's Office. In response to Councilmember Franklin's concern about invading commercial airline air space, Mr. Taylor said that the unmanned aircraft currently stay under 400' in altitude and if they go above that in the future, detect -and -avoid hardware will have to be added. In response to Councilmember Osborne, Mr. Taylor confirmed that UAS will be valuable for search and rescue; the agency -operator of the UAS program has not yet been decided; the operator will have to be very mindful of its proper use; liability for the UAS program would be the same as an agency has for any CITY COUNCIL MINUTES 4 DECEMBER 3, 2013 it$] equipment or personnel; the operator must follow FAA rules, be trained in its use by the manufacturer, and trained in public safety; and, in the interest of transparency, all video taken should be available for public viewing at any time. In response to Councilmember Henderson, Mr. Taylor said that the acceptance of UAS mosaic photos would probably be decided by the courts over time. In response to Councilmember Evans, Mr. Taylor said that invasion of privacy is a concern. The UAS must be used appropriately and only for public safety reasons. In response to Mayor Adolph, Chris Escobedo, Assistant to the City Manager will conduct a search of the Municipal Code for any current ordinance regarding heights for aerial items (such as balloons) that may apply to UAS too. Mayor Adolph also expressed concern about the reliability of UAS transponders and illegal use by criminals or businesses. Mr. Taylor said that the FAA is working on regulations but believes enforcement will be a local responsibility. He said some cities are awaiting the outcome of S1315 before moving forward. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2013, Councilmember Franklin reported on her participation in the following organizations meeting: • ANIMAL CAMPUS COMMISSION La Quinta's representative for 2013, Councilmember Osborne reported on his participation in the following organizations meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE La Quinta's representative for 2013, Mayor Adolph reported on his participation in the following organizations meeting: • CVAG EXECUTIVE COMMITTEE DEPARTMENT REPORTS City Manager Spevacek announced that the first meeting in January will be cancelled due to a lack of agenda items. COMMUNITY SERVICES — ART IN PUBLIC PLACES STRATEGIC PLAN Councilmember Osborne suggested that the Arts Foundation be considered a resource when artists are to be recommended or selected. Community Services Director Hylton said that they have been a substantial resource in the past and will continue to be, along with the Community Services Commission. Mr. Osborne requested that future sites be truly public places and not isolated lots. CITY COUNCIL MINUTES 5 DECEMBER 3, 2013 is Councilmember Henderson expressed concern about language on page 2, paragraph four "Local developers have the opportunity to integrate public art into or adjacent to their residential or commercial projects." The word "into" is a concern because developers may interpret that to mean that the art can be placed inside their gates. Councilmember Evans said that the list of 150 pieces of public art on page 7 of the strategic plan is missing integration with youth and schools. Ms. Evans suggested some type of student or visitor activity that would enable them to receive a city souvenir or other give-away that rewards them for visiting all sites. She said a youth -designed item or component would be preferable. A program like this may take people to areas of the city they may not otherwise go. Ms. Evans said that this could be another component of the new multi -generational Wellness Center. Director Hylton agreed to explore these ideas and said that the City is currently working with Truman school students and teachers to refurbish their handball courts with public art. Councilmember Franklin requested that public art placement in the north side of the city be a top consideration in the future because it is lacking in that area. Director Hylton reported that $250,000 was just spent on the Adams Street Bridge railing art, which is in north La Quinta. Councilmember Evans said that opportunities for public art in north La Quinta would come with the CV -link project. MAYOR'S AND COUNCIL MEMBER'S ITEMS Councilmember Osborne expressed concern that the CV -link project plan will be a grandiose scheme created by CVAG and others and handed to La Quinta to build and fund. Mr. Osborne said La Quinta must take design control of the portion that the City will be expected to construct and maintain so that the City can control costs. Councilmember Evans said that due to La Quinta's proactive planning, it may be possible to leverage this foresight by utilizing the funds that would have been allocated to La Quinta had it not been proactive with bridge development. Those funds could be used for the desired school and business access points. Mayor Adolph noted his concern about getting answers regarding the construction, maintenance, and liability issues of the project. COUNCIL RECESSED TO THE MEETING OF THE SUCCESSOR A GENC Y TO THE LA O UINTA REDEVEL OPMENT A GENC Y A ND THE CONTINUATION OF THE CITY COUNCIL CLOSED SESSION AT 6:03 P. M. CITY COUNCIL MINUTES 6 DECEMBER 3, 2013 Ida MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 7:00 P.M. WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION 54957.1 (BROWN ACT). PUBLIC COMMENT - None PUBLIC HEARINGS 1. ADOPT RESOLUTIONS TO APPROVE A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PERMIT AND ACKNOWLEDGE A DETERMINATION OF EXEMPTION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINE 15182 FOR THE CONSTRUCTION OF A 230-UNIT RESIDENTIAL PROJECT ON 42 ACRES WITHIN THE PGA WEST COMMUNITY SUBMITTED BY REMBOLD PROPERTIES, LLC [RESOLUTION 201 3-058 AND RESOLUTION 2013-0591 MAYOR ADOLPH AND COUNCILMEMBER FRANKLIN ANNOUNCED THAT THEY HA VE A CONFLICT OF INTEREST DUE TO THE PROXIMITY OF THEIR RESIDENCES TO THIS PROJECT, AND LEFT THE DAIS. Principal Planner Nesbit presented the staff report, which is on file in the City Clerk's Office. Councilmember Henderson declared the PUBLIC HEARING OPEN at 7:08 p.m. The following public speakers spoke in favor of the project: • Mary Caldwell, PGA West resident • Steve Weiss, PGA West resident • Wayne Rembold, Applicant Councilmember Henderson declared the PUBLIC HEARING CLOSED at 7:15 p.m. MOTION — A motion was made and seconded by Councilmembers Evans/Osborne to Adopt RESOLUTION 2013-058 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 36537, TO SUBDIVIDE A ±42-ACRE PARCEL INTO A 230-UNIT RESIDENTIAL PROJECT FOR PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT. CASE NO.: TENTATIVE TRACT MAP 36537, APPLICANT: POINTE LARSEN, LLC Motion passed: ayes 3 (Evans, Henderson, Osborne) noes 0 abstain 0 absent 2 (Adolph & Franklin) CITY COUNCIL MINUTES 7 DECEMBER 3, 2013 13 MOTION — A motion was made and seconded by Councilmembers Evans/Osborne to Adopt RESOLUTION 2013-059 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SITE DEVELOPMENT PERMIT 2013-924 INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR A 230-UNIT RESIDENTIAL PROJECT. CASE NO.: SITE DEVELOPMENT PERMIT 2013-924, APPLICANT: POINTE LARSEN, LLC Motion passed: ayes 3 (Evans, Henderson, Osborne) noes 0 abstain 0 absent 2 (Adolph & Franklin) 1. ADOPT ORDINANCE NO. 517 TO REVISE TITLE 8 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT THE 2013 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS Council waived the presentation of the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:18 p.m. Public Speaker: none Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:18 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin to adopt Ordinance No. 517 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8 OF THE LA QUINTA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2013 CALIFORNIA BUILDING STANDARDS CODE AND CERTAIN SPECIFIED APPENDICES THEREOF, INCLUDING THE 2013 CALIFORNIA ADMINISTRATIVE CODE; 2013 CALIFORNIA BUILDING CODE; 2013 CALIFORNIA RESIDENTIAL CODE; 2013 CALIFORNIA ELECTRICAL CODE; 2013 CALIFORNIA MECHANICAL CODE; 2013 CALIFORNIA PLUMBING CODE; 2013 CALIFORNIA ENERGY CODE; 2013 CALIFORNIA HISTORICAL BUILDING CODE; 2013 CALIFORNIA FIRE CODE; 2013 CALIFORNIA EXISTING BUILDING CODE; 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND 2013 CALIFORNIA REFERENCED STANDARDS CODE, AND MAKING FINDINGS OF LOCAL CONDITIONS WITHIN THE CITY OF LA QUINTA WHICH MAKE CERTAIN AMENDMENTS TO THE CALIFORNIA BUILDINGS STANDARDS CODE REASONABLY NECESSARY. Motion passed unanimously. CITY COUNCIL MINUTES 8 DECEMBER 3, 2013 14 2. ADOPT RESOLUTIONS TO DENY A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL AND ZONE CHANGE FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR A 4.35-ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF AVENUE 58 AND MONROE STREET [RESOLUTION 2013-055 AND RESOLUTION 2013-0561 Principal Planner Nesbit presented the staff report, which is on file in the City Clerk's office. Mayor Adolph declared the PUBLIC HEARING OPEN at 7:22 p.m. The following public speakers spoke in opposition to the project and in favor of the recommendation to deny the zone change: • David Crouse, La Quinta • Paul Strohecker, La Quinta • Charles Clendening, La Quinta • Charles Hawkins, La Quinta • Roger Greenwald, La Quinta (provided hand out) • Brett Picano, La Quinta • Donald Imoto, La Quinta • Justin Bert, Representative of nearby residential land owner • Pixie Scott, La Quinta • Steve (last name unknown), La Quinta • Jim Murino, Owner of properties at SEC and SWC of Avenue 58 & Madison The following public speakers spoke in favor of the project and in opposition to the recommendation to deny the zone change: • Representative of the Applicant — name unknown • Kim Hammer, Indian Wells — Rep. Applicant, Hammer Family Trust • Joe Hammer, Indian Wells — Rep. Applicant, Hammer Family Trust Mayor Adolph declared the PUBLIC HEARING CLOSED at 8:31 p.m. Councilmember Osborne said that a local developer, who has lived here for many years, is important to consider. The letters received today regarding the environmental concerns need to be reviewed by the City. Mr. Osborne requested that this item be continued to a future meeting. Councilmember Henderson said that the environmental issue must first be cleared up so that a clean decision may be made. She requested that the item be continued to the second Council meeting in January 2014. CITY COUNCIL MINUTES 9 DECEMBER 3, 2013 M Councilmember Evans said she appreciates the projects the Hammers have done in La Quinta and recognizes the desire to make money, which assists the City with a source of new sales tax revenue, but spot zone changing may be dangerous to the overall general plan. Ms. Evans said that this is about timing, and the timing is not right to make the change now. Mayor Adolph said that market support for this type of development is not there, and there is nothing worse for a neighborhood than a closed gas station. He said that in the future when the area is fully developed, there might be need for a convenience store. Councilmember Franklin stated that the necessity is not there and the lack of communication with neighbors is a problem. Ms. Franklin stated that Council has to be very careful about up -zoning because it dramatically increases the value of property and spot zoning is never a good practice. She said that there will be a need for some kind of commercial, but since the commercial lot at PGA West and Jefferson Street sat vacant for years because it could not make marketing demand numbers work in the summer; she does not believe this is commercially viable. Councilmember Osborne listed all the future residential developments in the area that will eventually be able to support commercial development. Mr. Osborne said that this lot, with all its power lines, should never be residential. It should be commercial but he does not know when it will be viable. He would prefer a local developer who builds a quality piece. MOTION — A motion was made and seconded by Councilmembers Evans/Franklin to Adopt RESOLUTION 2013-055 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 2013-126, FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, FOR A 4.35 ACRE PARCEL. CASE NO.: GENERAL PLAN AMENDMENT 2013-126, APPLICANT: HAMMER FAMILY TRUST Motion passed: ayes 3 (Evans, Franklin, Adolph) noes 2 (Henderson, Osborne) abstain 0 absent 0 MOTION — A motion was made and seconded by Councilmembers Evans/Franklin to Adopt RESOLUTION 2013-056 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING ZONE CHANGE 2013-144, FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR A 4.35 ACRE PARCEL. CASE NO.: ZONE CHANGE 2013-144, APPLICANT: HAMMER FAMILY TRUST CITY COUNCIL MINUTES 10 DECEMBER 3, 2013 Icy Motion passed: ayes 3 (Evans, Franklin, Adolph) noes 2 (Henderson, Osborne) abstain 0 absent 0 3. ADOPT A RESOLUTION TO APPROVE USE OF FISCAL YEAR 2014/2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY [RESOLUTION 2013-0571 Council waived presentation of the staff report, which is on file in the City Clerk's Office. Mayor Adolph declared the PUBLIC HEARING OPEN at 8:50 p.m. Public Speaker: none Mayor Adolph declared the PUBLIC HEARING CLOSED at 8:50 p.m. MOTION — A motion was made and seconded by Councilmembers Osborne/Evans to Adopt RESOLUTION 2013-057 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2014/201 5 Motion passed unanimously. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Evans/Osborne to adjourn at 9:05 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES DECEMBER 3, 2013 11 N 18 CITY / SA / HA / FA MEETING DATE: December 17, 2013 AGENDA CATEGORY: ITEM TITLE: APPROVE DEMAND REGISTER DATED BUSINESS SESSION: DECEMBER 17, 2013 CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve Demand Register dated December 17, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash: -- City $ 1,046,032.17 -- Successor Agency of RDA $ 0.00 -- Housing Authority $ 3,131 .25 -- Housing Authority Commission $ 0.00 RArk'r.Pr)1IAln/ANAI VCIC- Between City Council meetings, there is a need to pay routine bills in order to avoid late fees being charged to the City, as well as payroll and related payroll taxes. These items are listed below: Warrants Issued: 101548 - 1015751 Voids} Wire Transfers} P/R 36911 - 369121 P/R Tax Transfers} 101 576 — 1016161 $ 332,240.63 $ 0.00 $ 300,971.05 $ 148,380.84 $ 37,049.68 $ 230,521.22 $ 1 ,049,1 63.42 IRl The most significant expenditures being paid on the demand registers listed above are as follows: Significant Expenditures: Vendor: Account Name: Amount: Purpose: Golden Valley Const. Construction $234,707.00 Roundabout- Sinaloa/Eisenhower O&J Landscape Const. Insurance Claims $151,750.34 SilverRock Damages New Const. Solutions Construction $ 35,646.85 ADA Improvements Employment Dev. Dept. State Unemployment $ 33,014.00 Employment Taxes ALTERNATIVES: None. Report prepared by: Sandra Mancilla, Account Technician Report approved for submission by: Robbeyn Bird, Finance Director Attachments: 1 . Wire transfers 2. Demand Register M11 CITT OF LA QUINTA BANK TRANSACTIONS 1/4/13 WIRE TRANSFER - HEALTH PREMIUM i i $906.85 $90,9 .5 $43,9.76.88 $9,384.85 $273.00 $155,731.22 PA PAa Demand Register City of La Quinta, CA Packet: APPKT00031 - SHM 12/6/13 Vendor Name Payment Number Payment Date Payable Description Account Number Amount Fund: 101 - GENERAL FUND A/I ULDAN FINANCIAL SERVIC 101574 12/05/2013 IN LQ OUTREACH 101-7001-60104 930.00 MOWERS PLUS INC 101559 12/05/2013 ASPHALT TAMPER R&M 101-7003-60431 109.78 WARD, LARRY W -ASSESSOR 101572 12/05/2013 ASSESSOR MAP 101-6002-60410 13.00 WARD, LARRY W - ASSESSOR 101573 12/05/2013 ASSESSOR MAP 101-6002-60410 19.50 CALIFORNIA PARK & RECREA 101551 12/05/2013 MEMBERSHIP-J LINDSEY 101-7003-60320 165.00 SANTA FE BUILDING MAINTE 101563 12/05/2013 NOV-JANITORIAL 101-3008-60115 2,881.50 SANTA FE BUILDING MAINTE 101563 12/05/2013 NOV-JANITORIAL 101-7003-60115 414.12 SANTA FE BUILDING MAINTE 101563 12/05/2013 NOV-JANITORIAL 101-3002-60115 1,637.10 SANTA FE BUILDING MAINTE 101563 12/05/2013 NOV-JANITORIAL 101-3004-60115 2,56632 SANTA FE BUILDING MAINTE 101563 12/05/2013 NOV-JANITORIAL 101-3006-60115 751,74 SANTA FE BUILDING MAINTE 101563 12/05/2013 NOV-JANITORIAL 101-3005-60115 1,265.82 SPARKLETTS 101566 12/05/2013 BOTTLED WATER 101-7003-60420 167,93 SHARK POOLS INC 101564 12/05/2013 DEC -MUSEUM 101-3006-41161 89.25 AMERIPRIDE SERVICES INC 101549 12/05/2013 EOW 11/28-JANITORIAL 101-3002-60115 64.97 CIGNA HEALTH CARE 101553 12/05/2013 DEC -DENTAL INSUR 101-0000-20943 6,315.43 SMITH PIPE &SUPPLY CO 101565 12/05/2013 IRRIGATION MATERIAL 101-7004-60431 214AS AMERICAS 101548 12/05/2013 11/12 PROPANE FIRE ST#32 101-2002-41130 105.96 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-1006-60401 43.26 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-3001-60400 57.82 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-3001-60400 6.73 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-1006-60401 102,79 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-6001-60400 164.92 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-6001-60400 36.88 STAPLES ADVANTAGE 101567 12/05/2013 OFFICE SUPPLIES 101-6001-60400 72.86 WALTERS WHOLESALE ELECT 101571 12/05/2013 ELECTRICAL/LANDSCAPE 101-7004-60431 18.71 WALTERS WHOLESALE ELECT 101571 12/05/2013 ELECTRICAL/LANDSCAPE 101-7004-60431 115.03 WALTERS WHOLESALE ELECT 101571 12/05/2013 ELECTRICAL MATERIAL 101-7004-60431 19435 WALTERS WHOLESALE ELECT 101571 12/05/2013 ELECTRICAL MATERIAL 101-7004-60431 280.80 OFFICE TEAM 101562 12/05/2013 TEMP STAFFING 101-7004-60125 272.00 OFFICE DEPOT 101561 12/05/2013 BUSINESS CARDS 101-6001-60410 WW2 OFFICE DEPOT 101561 12/05/2013 BUSINESS CARDS 101-6001-60410 239.76 OFFICE DEPOT 101561 12/05/2013 OFFICE SUPPLIES 101-1005-60400 69.98 CARQUEST 101552 12/05/2013 OXYGEN TANK 101-7003-60431 16.44 TYCO INTEGRATED SECURITY 101569 12/05/2013 DEC -MUSEUM ALARM 101-3006-60123 8&43 TYCO INTEGRATED SECURITY 101569 12/05/2013 DEC'13-FEB'14 YARD ALARM 101-7003-60123 473.07 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61113 1193 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3006-61101 82104 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-2002-61101 426.65 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61111 &29 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3008-61101 21154 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61103 3,235.16 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61105 1,315.02 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-2002-61101 539V0 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3008-61101 7,147.92 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61104 46,59 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61102 4.11 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61109 4,009.21 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61108 428.82 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3005-61106 3,728.48 IMPERIAL IRRIGATION DIST 101557 12/05/2013 ELECTRICITY SVC 101-3004-61101 2,61730 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-3005-61202 1,857.96 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-3005-61209 3,72818 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-3005-61207 829.90 12/9/2013 5:57:31 PM Page 1 of 4 23 Demand Register Packet: APPKT00031 - SPIN 12/6/13 Vendor Name Payment Number Payment Date Payable Description Account Number Amount COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-2002-61200 59.25 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-7006-60146 125.00 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-3005-61201 1,412.28 COACHELLA VALLEY CONSER 101554 12/05/2013 PERMIT 09-1284 REFUND 101-0000-20310 5.33 WIRELESS WATCHDOGS 101575 12/05/2013 CELL MAINT 10/23-11/22 101-1007-61301 120.00 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-7006-43132 3035 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-7004-61211 3,445.01 COACHELLA VALLEY WATER 101555 12/05/2013 WATER SVC 101-3005-61206 417.74 VINTAGE ASSOCIATES 101570 12/05/2013 MONTICELLO MAIN IRRIG 101-3005-60424 132.91 VINTAGE ASSOCIATES 101570 12/05/2013 VELASCO PK MAIN IRRIG 101-3005-60424 86.28 VINTAGE ASSOCIATES 101570 12/05/2013 IRRIGATION CONTROLLERS 101-3005-60424 494.37 Fund 101 - GENERAL FUND Total: 57,344.34 Fund: 241 - HOUSING AUTHORITY PAI CAHA, BECKY 101550 12/05/2013 NOV-PAI HOUSING AUTHOR 241-9101-60103 3,131,25 Fund 241 - HOUSING AUTHORITY Mal Total: 3,131.25 Fund: 401 - CAPITAL IMPROVEMENT PRODIR NEW CONSTRUCTION SOLUT 101560 12/05/2013 NOV-ADA IMPROVEMENTS 401-1887-45010 35,646,85 GOLDEN VALLEY CONSTRUC 101556 12/05/2013 OCT-EISENHOWER/SINALOA 401-1846-45010 234,707.00 Fund 401 - CAPITAL IMPROVEMENT PROGIR Total: 270,353.85 Fund; 501 - EQUIPMENT REPLACEMENT STONE'S, CAM AUTOMOTIVE 101568 12/05/2013 TK#42 RADIATOR/COOLANT/ 501-0000-60676 261.77 STONES, CAM AUTOMOTIVE 101568 12/05/2013 TK#54 SVC/BRAKES/SHOCKS 501-0000-60676 697.68 CARQUEST 101552 12/05/2013 TK#41 SWEEPER 501-0000-60678 58.08 MOUNTAIN VIEW TIRE 101558 12/05/2013 TK#37 TIRES 501-0000-60676 264.02 Fund 501 - EQUIPMENT REPLACEMENT Total: 1,281.55 Fund: 735 - 97-1 AGENCY REDEMPTION FUND WILLDAN FINANCIAL SERVIC 101574 12/05/2013 DEC -AD 97-1 ADMIN 735-0000-23410 129.64 Fund 735 - 97-1 AGENCY REDEMPTION FUND Total: 129.64 MEELGEMEMEMEM 12/9/2013 5:57:31 PM Page 2 of 4 24 ZMEMMMO i -1 Fund 101 - GENERAL FUND 241 - HOUSING AUTHORITY PAI 401 - CAPITAL IMPROVEMENT PROOR 501 - EQUIPMENT REPLACEMENT 735 - 97-1 AGENCY REDEMPTION FUND Grand Total: Account Summary Account Name MSHCP Mitigation Fee Dental Insurance Pay Office Supplies Copiers Mobile/Cell Phones Utilities - Gas Utilities - Electricity Utilities - Water Office Supplies Janitorial Janitorial Utilities - Electricity Janitorial Materials - Irrigation & L Utilities - Electric - Mont Utilities - Electric - Civic Utilities - Electric - Pione Utilities - Electric - Fritz Utilities - Electric - Sport Utilities - Electric - Colon Utilities - Electric - Com Utilities - Electric - Velas Utilities - Electric - Eisen Utilities - Water -Montic Utilities - Water - Civic C Utilities - Water -Desert Utilities - Water -Pionee Utilities - Water -Comm Water -inside Janitorial Security & Alarm Utilities - Electricity Janitorial Utilities - Electricity Office Supplies Printing Printing Consultants Janitorial Security & Alarm Travel & Training Operating Supplies Materials Temporary Agency Servi Materials Utilities - Water - Media Vacant Land Dust Contr PM 10 SilverRock Expense Amount 57,344.34 3,131.25 270,353.85 1,281.55 129.64 332,240.63 Expense Amount 5.33 6,315.43 69.98 146.05 120.00 105.96 966.55 59.25 64.55 1,70107 2,566.32 2,61730 1,265.82 713.56 4.11 3,235.16 46.59 1,315.02 3,72&48 428.82 4,009.21 619 13.93 1,412.28 1,857.96 417.74 829,90 3,72&28 89.25 751.74 88.43 823.04 2,881,50 7,359.46 274.66 319.68 32.50 930.00 41412 473.07 165.00 167.93 126.22 272.00 823.04 3,445.01 30.35 125.00 Report Summary 12/9/2013 5:57:31 PM Page 3 of 4 Demand Register Packet: APPKT00031 - SHIM 12/6/13 Account Number Account Name Expense Amount 241-9101-60103 Professional 3,131.25 401-1846-45010 Construction 234,707.00 401-1887-45010 Construction 35,646.85 501-0000-60676 Vehicle Repair A, Mainte 1,223.47 501-0000-60678 Street Sweeper 58.08 735-0000-23410 AD Administrative fees 129.64 Grand Total: 332,240.63 Z�t M Project Account Key Expense Amount **None** 61,886.78 1846Const 234,707.00 1887Const 35,646.85 Grand Total: 332,240.63 12/9/2013 5:57:31 PIS Page 4 of 4 26 Demand Register City of La Quinta, CA Packet: APPKT00035 - SHIM 12/6/13 A Vendor Name Payment Number Payment Date Payable Description Account Number Amount Fund: 101 - GENERAL FUND MIMI'S CAFE 101601 12/06/2013 HOLIDAY LUNCH 12/19 101-3002-60420 1,205.29 LASRANK PALM SPRINGS 101599 12/06/2013 OFFICE SUPPLIES 101-1006-60401 130.88 GERBER, LESLIE 101595 12/06/2013 REFUND -GYPSY 101-0000-42409 8.00 EXCEL EVENT RENTALS 101591 12/06/2013 REFUND OVERPAYMENT 101-0000-41600 15.00 SODDEN, RENATE 101580 12/06/2013 INSTRUCTOR PYMT 101-3003-60107 21.00 ROJAS, MIGUELANGEL 101606 12/06/2013 INSTRUCTOR PYMT 101-3003-60107 105.00 MEEDS, WAYNE 101600 12/06/2013 INSTRUCTOR PYMT 101-3002-60107 120.00 SODDEN, RENATE 101580 12/06/2013 INSTRUCTOR PYMT 101-3002-60107 21.00 CAPALBO, KATHLEEN 101581 12/06/2013 INSTRUCTOR PYMT 101-3003-60107 9.80 ALVAREZ, MARIA ISABEL 101578 12/06/2013 INSTRUCTOR PYMT 101-3002-60107 107.10 CHECKMATE TELEPHONE EX 101583 12/06/2013 NOV-ANSWERING SVC 101-6004-51070 180.11 NATIONAL DATA A, SURVEYI 101602 12/06/2013 COUNTS-WARING/DUNE PAL 101-7006-60145 350.00 WELLNESS WORKS 101617 12/06/2013 NOV-EAP 101-1004-60104 144.00 BBFB 101579 12/06/2013 ST#32 PANASONIC 101-2002-80101 1,677.91 FRANKLIN, KRISTY 101593 12/06/2013 MILEAGE-LGCC 3/15 101-1001-60320 497.20 SUNLINE TRANSIT AGENCY 101611 12/06/2013 NOV-BUS PASSES 101-0000-42301 -242.00 SUNLINE TRANSIT AGENCY 101611 12/06/2013 NOV-BUS PASSES 101-0000-20305 2,958.00 CAPITAL ONE COMMERCIAL 101582 12/06/2013 FAB NLQ ZONE 3 MTG 101-7001-60400 44.86 CAPITAL ONE COMMERCIAL 101582 12/06/2013 VETERAN'S DAY 101-3001-33620 119.89 FINN, KEVIN 101592 12/06/2013 DEPOSIT REFUND 101-0000-22830 50.00 CZECH, DARLA 101586 12/06/2013 DEPOSIT REFUND 101-0000-22830 200.00 ALEXANDER, SUMMER 101576 12/06/2013 DEPOSIT REFUND 101-0000-22830 512L00 CAPITAL ONE COMMERCIAL 101582 12/06/2013 MEALS-AVA MEETING 101-6001-60320 34.56 DEERINGER, TERRY 101587 12/06/2013 11/20 MEALS-F LARSON 101-1004-60320 39.72 VISION SERVICE PLAN - (CA) 101615 12/06/2013 DEC -VISION INSUR 101-0000-20945 1,255.65 STANDARD INSURANCE COM 101608 12/06/2013 DEC -INSURANCE 101-6003-50225 31.54 STANDARD INSURANCE COM 101608 12/06/2013 DEC -INSURANCE 101-0000-20955 4,038.51 STANDARD INSURANCE COM 101608 12/06/2013 DEC -INSURANCE 101-0000-20947 526.58 STANDARD INSURANCE COM 101609 12/06/2013 DEC-ADDL LIVE INSUR 101-0000-20948 480.27 WALMART COMMUNITY 101616 12/06/2013 DISC GOLF EVENT 101-3003-60420 40.00 KOMPAN INC 101598 12/06/2013 ADAMS PLYGRND RAM 101-3005-60424 43.85 WALMART COMMUNITY 101616 12/06/2013 HALLOWEEN POTLUCK 101-1007-60405 51.08 EMPLOYMENT DEVELOPME 101589 12/06/2013 EMPLOYMENT TAX 101-1004-50244 33,014.00 VERIZON COMMUNICATION 101614 12/06/2013 INTERNET 11/24-12/24 101-1007-61300 WAR GAS COMPANY, THE 101594 12/06/2013 LIBRARY GAS 10/18-11/19 101-3004-41130 681.15 GAS COMPANY, THE 101594 12/06/2013 CITY HALL GAS 10/24-11/19 101-3008-41130 56.00 IMPERIAL IRRIGATION DIST 101597 12/06/2013 ELECTRICITY SVC 101-3002-61101 1,093.11 VERIZON CALIFORNIA 101613 12/06/2013 SIGNAL CABINET 11/10-12/9 101-7004-60189 51.36 VERIZON CALIFORNIA 101613 12/06/2013 MUSEUM 11/13-12/12 101-3006-61300 133.45 VERIZON CALIFORNIA 101613 12/06/2013 SIGNAL CABINET 11/7-12/6 101-7004-60189 51.36 GAS COMPANY, THE 101594 12/06/2013 SR CTR GAS 10/21-11/19 101-3002-41130 88.97 DESERT SUN, THE 101588 12/06/2013 DEC -SUBSCRIPTION 101-1005-53040 49.68 VERIZON CALIFORNIA 101613 12/06/2013 SIGNALCABINET 11/7-12/6 101-7004-60189 54.17 COACHELLA VALLEY WATER 101584 12/06/2013 WATER SVC 101-3005-61204 1,057.64 COACHELLA VALLEY WATER 10I584 12/06/2013 WATER SVC 101-3002-41161 326.10 COACHELLA VALLEY WATER 101584 12/06/2013 WATER SVC 101-7004-61211 9,895.16 COACHELLA VALLEY WATER 101584 12/06/2013 WATER SVC 101-3005-61210 1,416.55 COACHELLA VALLEY WATER 101584 12/06/2013 WATER SVC 101-3008-61200 117.25 WALMART COMMUNITY 101616 12/06/2013 DOG-O-WEEN EVENT 101-3003-60149 50.00 Fund 101 - GENERAL FUND Total: 62,530.74 Fund: 218 - CA VIOLENT CRIME TASK FOR PARRA,ANA 101605 12/06/2013 NOV-JANITORIAL SVCS 218-0000-30150 14034 NEXTEL GANG TASK FORCE 101603 12/06/2013 10/12-11/11 CELL SVC 218-0000-61300 39.66 12/9/2013 5:57:15 PM Page 1 of 4 (•�/ Demand Register Vendor Name, Payment Number VERIZON CA - GANG TASK F 101612 Fund: 221 - AD 939 ENVIRONMENTAL SPECIALTY 101590 Fund: 401 - CAPITAL IMPROVEMENT PROGR ALTUM GROUP, THE 101577 IMPERIAL IRRIGATION DIST 101596 Fund: 501 - EQUIPMENT REPLACEMENT SOUTHERN CALIFORINIA GA 101607 Fund: 502 - INFORMATION TECHNOLOGY COMPUTER CONSULTANTS, 1 101585 Fund: 601 - SILVER ROCK RESORT O&J GOLF CONSTRUCTION, 1 101604 STATE WATER RESOURCES C 101610 Packet: APPKT00035 - SHM 12/6/13 A Payment Date Payable Description Account Number ,Amount 12/06/2013 CLETE LINE 10/28-11/27 218-0000-42190 268.15 Fund 218 - CA VIOLENT CRIME TASK FOR Total; 448.15 12/06/2013 BENCHES/TRASH CANS 221-0000-33220 1,972.08 Fund 221 - AD 939 Total: 1,972.08 12/06/2013 OCT-WASHINGTON APT BEN 401-1813-60185 5,212.60 12/06/2013 ENGINEERING FEES 2012-02 401-1878-45010 2,500.00 Fund 401 - CAPITAL IMPROVEMENT BROOD Total: 7,712.60 12/06/2013 OCT-FUEL 501-0000-60674 348.81 Fund 501 - EQUIPMENT REPLACEMENT Total: 348.81 12/06/2013 11/13 WIRELESS ANTENNA 1 502-0000-60182 142.50 Fund 502 - INFORMATION TECHNOLOGY Total: 142.50 12/06/2013 11/2-18/13 SRR STORM MY 601-0000-60449 151,750.34 12/06/2013 OCT'13-SEP'14 PERMIT FEE 601-0000-60214 5,616.00 Fund 601 - SILVER ROCK RESORT Total: 157,366.34 Grand Total: 230,521.22 12/9/2013 5:57:15 PM Page 2 of 4 28 Emmmu= Packet: APPKT00035 - SHM 12/6/13 A AEBlM Fund 101 - GENERAL FUND 218 - CA VIOLENT CRIME TASK FOR 221 - AS 939 401 - CAPITAL IMPROVEMENT PROGIR 501 - EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601 - SILVER ROCK RESORT Account Number 101-0000-20305 101-0000-20945 101-0000-20947 101-0000-20948 101-0000-20955 101-0000-22830 101-0000-41600 101-0000-42301 101-0000-42409 101-1001-60320 101-1004-50244 101-1004-60104 101-1004-60320 101-1005-53040 101-1006-60401 101-1007-60405 101-1007-61300 101-2002-80101 101-3001-33620 101-3002-41130 101-3002-41161 101-3002-60107 101-3002-60420 101-3002-61101 101-3003-60107 101-3003-60149 101-3003-60420 101-3004-41130 101-3005-60424 101-3005-61204 101-3005-61210 101-3006-61300 101-3008-41130 101-3008-61200 101-6001-60320 101-6003-50225 101-6004-51070 101-7001-60400 101-7004-60189 101-7004-61211 101-7006-60145 218-0000-30150 218-0000-42190 218-0000-61300 221-0000-33220 401-1813-60185 01 M_I�I W_M Account Name Due to SunLine Vision Insurance Pay Life Insurance Pay Add'l Life Insurance Pay Disability Insurance Pay Miscellaneous Deposits Busines Licenses Miscellaneous Revenue Animal Licenses Travel &Traming State Unemployment In Consultants Travel &Training Subscrip & Publications Copiers Miscellaneous Kitchen Utilities - Telephone Machinery & Equipment Community Special Even Utilities - Gas Water -inside Instructors Operating Supplies Utilities - Electricity Instructors Special Events Operating Supplies Utilities - Gas Materials - Irrigation & L Utilities - Water -Fritz Bu Utilities - Water -Adams Utilities - Telephone Utilities - Gas Utilities - Water Travel & Training Long Term Disability Animal Shelter Office Supplies Technical Utilities - Water - Media Traffic Counts/Studies Janitorial Service CLET Line Utilities - Telephone AS 939 Recycling Design Expense Amount 62,530,74 448.15 1,972.08 7,712.60 348.81 142.50 157,366.34 230,52112 Expense Amount 2,958.00 1,255.65 526.58 480.27 4,038.51 300.00 15.00 -24100 8.00 497.20 33,014.00 144.00 3932 49.68 130.88 51.08 79.99 1,677.91 119.89 8837 326.10 248.10 1,205.29 1,093.11 135.80 50.00 40.00 681,15 43.85 1,057.64 1,416.55 133.45 56.00 117.25 34,56 31.54 180.11 44.86 156.89 9,895.16 350.00 140.34 268.15 39.66 1,972.08 5,212.60 12/9/2013 5:57:15 PM P4.1 Page 3 of 4 Er = Packet: APPKT00035 - SHM 12/6/13 A Account Number Account Name Expense Amount 401-1878-45010 Construction 2,500M 501-0000-60674 Fuel & Oil 348.81 502-0000-60182 Say Networks 142.50 601-0000-60214 Tamarisk Removal Pump 5,616.00 601-0000-60449 Insurance Claims Costs 151,750.34 Grand Total: 230,521.22 gozs��= Project Account Key Expense Amount **None** 222,808.62 1813Des 5,212.60 187SConst 2,500.00 Grand Total: 230,521.22 12/9/2013 5:57:15 PIN Kiel Page 4 of 4 � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: December 17, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2013 CONSENT CALENDAR: 2 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive and file. EXECUTIVE SUMMARY: • The Treasurer's Report is submitted monthly to City Council for review. • This report summarizes all cash and investments of the City. • There is sufficient investment liquidity and anticipated revenues available to meet next month's estimated expenditures. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The Treasurer's Report (Attachment 1) is submitted monthly to the City Council as required by the California Government Code and City Municipal Code. It certifies that all pooled investments of the City are reported accurately and fairly in compliance with the above -stated codes and also certifies that there is sufficient investment liquidity and anticipated revenues available to meet next month's estimated expenditures. The portfolio decreased in October by $41 .2 million for the payment made to the County of Riverside as directed by the Department of Finance. This amount represents loans between the City and the former Redevelopment Agency that were repaid in 2011. Subsequently, the Department of Finance ordered the City to reverse this transaction and make payment to the County. The funds were disbursed to the other taxing entities in early November. KI ALTERNATIVES: None. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1 . Treasurer's Reports Kea MEMORANDUM FROM: Robbeyn Bird, Finance Director/Treasurer SUBJECT: Treasurer's Report for October 31, 2013 DATE: November 30, 2013 '"IfiUM-11MMID IM WAR.] RM The following table summarizes the changes in investment types for the month: Investment e2mmn,9_ Purchased Notes old/Matured Other Endin2 Change LAJF 17,624,537 $ 1,018,538 $ (2,650,000) 0 $ 15,993,075 (1,631,462)1 Interest bearing active bank deposit 39,966,844 $ (39,966,844) 0 - (39,966,844) Certificates of Deposit 1,680,000 0 1,680,000 0 US Treasuries 40,199,152 15,000,000 (15,000,000) 1,364 40,200,516 1,364 US Gov't Sponsored Enterprises 42,946,036 1,327 42,947,363 1,327 Commercial Paper - 0 0 Corporate Notes - 0 0 0 Mutual Funds 1436.046 263 (590.044) 0 2,846,265 (589,781) Subtotal $ 145)352.615 $ 16.018.801 $ (58,206,888) $ 2,691 $ 103,667,219 $ (42,185,396) Cash $ 697,949 $ 986,111 1(1)&3j 1 1 $ 1,684,060 $ 986,111 Total $ 146,550,564 $ 17,004,912 1 1 $ (58,206,888)j $ 2,691 1 $ 105.351 .279 $ (41.199.285 I certify that this report accurately reflects 611 pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. RWS , I "WWW revenues are available to meet the pools expenditure requirements for the next six months. The City of Monthly Custodian Report to determine the fair market value of investments at month end. i Z-3 1 1.9 Robbeyn Birdj Date Finance DirectonTreasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 33 Treasurer's Commenta For the Month of October 2013 Cash Balances — The portfolio size decreased by approximately $41.2 million to end the month at $105.35 million. The major reason for the decrease was due to payment to the State of California Department of Finance in the amount of $41.4 million. This amount represents loans from the General Fund to the former Redevelopment Agency that were repaid in March and April of 2011. Investment Activity — The investment activity resulted in an average maturity increase of 131 days from the prior month to end the month of October at 475 days. The Treasurer follows a buy and hold investment policy. During the month of October, the LAIF account decreased by $1 .6 million. The sweep account earned $6 in interest income for the month of October and the bank fees for the month were $1 ,518, which resulted in a net decrease of $1,51 2 in real savings. Portfolio Performance — The overall portfolio performance increased from the prior month and ended at .31 %, with the pooled cash investments at .49%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .36%, which reflects the current interest rate environment. Lookinq Ahead In the short term, the Treasurer will be investing in negotiable certificates of deposit, Government Sponsored Enterprises (GSE) paper and rolling over bond proceeds and reserves into U.S. Treasury bills or notes. 34 E 0 - w w w w w w w w w w 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z X W N ` o w Q N n m' N _ 6 O 0 0 m n d m a� Y o w C C 0 d -o o `o Y 0-m oa o N U U 0 L` 0 L` -2 N W `o m U) o N_ cn Q N U U) N O m Im U E m m m m m m m O O E C C1 0 Y Y 0 N w O U OU U I N t O; .Q O O O O O> O 'E 'E 'E 'E 'E O 0 O Q 0 O O N � N O O O O O O p N p O O N O N O O O N N fA 1 O U O O O m v V L E O O O O O O O O O O O O O O � O M 0 Qo O m O O O O O O CO O O O O CD c O O 0 co O O N O O O V O N � fA M fA p O O O O E O O O O p p O O O O O O O O O O O O O O O O O O LL O O N O N O O O O O O O O N Q � C? L? O N O N 0 O O O O O O O O c o o O O O 00 0 o 0 0 0 m M O O O LL c O O Lo C M O O O O r Q Q N O O O O N fA 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 m � � r O m O A N E T U N- E O W m° Q U B Y m -O 'N m m Z C7 = _ (n N m m o Lvg W 0 £ m O O UI W 0 O m c O N a 'U 0 c0 (6 co > p m m �i O m O m U m 'O (6 LUQ N 06 m U H Q 'ww N m O U �N CO) m�.ZQ m N m20 m 0 O O d O m zUI Q U p mm O LL U 1 UO -O m —c O L` O Q Q m.n 0 E E L p m0 d O > Y m m p -U. U O O m m m w a� -Ulp U E .w E E c 0 _ m > (n o U z E w .0 U CO m O N w m `o C7 I L O m 0 E E 0 0 �� — m U cn m U c (6 m c .� Z E 2 2 2 2 o H N Q N Q � 0 >. O N mu > -OO 00 00 00 N 0 t m a N N (n 0 C7 C7 li li li li d U U N o L j F U U D d d 0 0 0 � � M V O M O O O r Y E E m m m LU W LU N N N m m m Q Q Q 8,888 \\\\\\k��} 00 \15 50 )A§)\§§ )M\\\k§§§ k�(k\(( k�\\\k\§\ `88 - TMI%22m, ,,, >~ !,Z !,-� ° - ]! \\&j `�\ ]]\\\\\\ ]]\ !\\\\\\\\ )!)\!!))))\))) )&))\\} k)))\\\)) 0. 10 A 30: z//\\\� )§§§)) \\\}\\\� oo 0 oToToToToToToT000 T0000000 o T00000000000 fl oT ®� o !)k)aa iƒ: k/------ƒ\) «««««1414 0 ;\ | -� _ # ,,,,,,,.f2 f. }}/ \\ _§-_ �`�\f°} )��7{{{{{{{<Ei r� <f!!!!!!!o-@ fffffff\! ;, \ aaaaa) - a \}}\}}}}{{}}}{{}}}}} ((k\\�\§§(ON. ON. \\\\\\\ !!!!!!!!!!!!!!! Wzzz ]/o o E'w 00o'—o o /))§j{{///}\)f§)§\ }§��\\\§))\o )/\\/\k )\§()6((\(\\\(�(��\ ) \\{\\ §k °� \ }o \/o {t - , ` \a{�)/)\\//)//)\)! _\\ : !; ); - Bl /!)%/k/{)\±)!j/kk / MR O L 7 Q 0) c U C 0) c LL Q C � E m Q co U) N Ci O 0) J U CO m � � o E U E�� U (n U O r L G O Ln C� C O O r O co c O N O N r co O O O O (O co O O O N Lo 00 C. V O O O 00 00 O O LO a m 0 a) E N CL O U A o C N O 7 0) m N O LL U) 0) R R � a � ci r a � r E C E � U c U c LL m LL m '=z g CD,) g M. via —=(3) (o 0 00 0) r- Ln 00 00 (O N O 00 (O (O N = Ln O 00 Ln Ln O N O co (O (O 00 Ln EA r L G O Ln C� C O O r o co co co co co co co O O O O O O O y N N N N N N N CO O CO Ln O O z N N N N O O O O O 00 O OOOOO V V O O O O O O V V 00 O O OOOOO 00O 00 fD C. O OOOOO (OO fD fD N V O � N O N� �� N 0 C E y C. N A � V) 0 U) U)O O O O O O O O O O LL (n (n (n (n (n U C t m 0) N U m C C 0) U L N r �_ L) N IU/! 0) O L O U U m Z p c U) m U Z r 7 0 m ' E N Z) O U �_ Ln �+ E y o) C O) 0) '- c U) rn E m O L d m t p c a m m U) E U c m m W E E U r N r E U U U U E O c c c o W y E — LL LL LL LL LL m -0 m r y m 4% — p U) W 0) m e '= m Z. m H �� H i�.i m '_ 0- Fh J U D City of La Quinta Comparative Rates of Interest October 31, 2013 City of La Quinta Year Month Annualized Earnings Average Maturit days) Treasury Bills/Note Three Month Non -Financial LAIF Ra 1.04 Pooled Cash Fiscal Agent Overall Three Month ISix Month One Year Two Year FY 09/10 July 2009 0.69 % 0.30% 0.65 % 111 0.19% 0.28% 0.47% 1.00% 0.28% August 2009 0.64% 0.30% 0.61% 92 0.16% 0.26% 0.46% 1.00% 0.24% 0.93% Sept 2009 0.56% 0.31% 0.53% 112 0.12% 0.19% 0.41% 1.00% 0.19% 0.75 Oct 2009 0.52% 0.31% 0.50% 90 0.08% 0.19% 0.38% 1.00% 0.19% 0.65 Nov 2009 0.56% 0.31% 0.53% 152 0.04 % 0.14% 0.32% 0.75% 0.15% 0.61 Dec 2009 0.56% 0.15% 0.51% 239 0.11% 0.20% 0.16% 1.00% 0.16% 0.57 Jan 2010 0.46% 0.15% 0.43% 179 0.06% 0.14% 0.34% 0.88% 0.13% 0.56% Feb 2010 0.51% 0.16% 0.48% 162 0.13% 0.19% 0.32% 0.88% 0.15% 0.58% Mar 2010 0.50% 0.16% 0.47% 172 0.15% 0.24% 0.38% 1.00% 0.20% 0.55% Apr 2010 0.52% 0.16% 0.48% 162 0.15% 0.24% 0.49% 1.00% 0.23% 0.59% May 2010 0.52% 0.16% 0.48% 116 0.17% 0.22% 0.37% 0.75% 0.28% 0.56% June 2010 0.49% 0.06% 0.31% 134 0.16% 0.22% 0.32% 0.63% 0.32% 0.53% FY10/11 July 2010 0.50% 0.15% 0.47% 119 0.16% 0.20% 0.30% 0.63% 0.28% 0.53% August 2010 0.49% 0.15% 0.46% 108 0.15% 0.19% 0.26% 0.38% 0.25% 0.51% Sept 2010 0.55% 0.15% 0.51% 107 0.16% 0.19% 0.27% 0.38% 0.24% 0.50 Oct 2010 0.55% 0.15% 0.51% 88 0.13% 0.17% 0.23% 0.38% 0.23% 0.48 Nov 2010 0.53% 0.15% 0.49% 84 0.18% 0.21 % 0.28% 0.50% 0.23% 0.45 Dec 2010 0.57 % 0.14% 0.52% 265 0.15% 0.19% 0.30% 0.63% 0.23% 0.46 Jan 2011 0.51% 0.14% 0.43% 206 0.16% 0.18% 0.28% 0.63% 0.24% 0.54% Feb 2011 0.55% 0.17% 0.46% 210 0.15% 0.17% 0.31% 0.63% 0.23% 0.51 Mar 2011 0.54% 0.17% 0.45% 218 0.05% 0.13% 0.26% 0.75% 0.23% 0.50% Apr 2011 0.59% 0.17% 0.48% 192 0.05% 0.10% 0.28% 0.63% 0.20% 0.59% May 2011 0.48% 0.17% 0.41% 156 0.06% 0.12% 0.20% 0.50% 0.16% 0.41 June 2011 0.53% 0.00% 0.35% 126 0.03% 0.10% 0.20% 0.38% 0.15% 0.45% FY11/12 July 2011 0.53% 0.00% 0.35% 112 0.07% 0.12% 0.15% 0.20% 0.14% 0.38% August 2011 0.60% 0.00% 0.38% 102 0.02% 0.05% 0.10% 0.13% 0.16% 0.41% Sept 2011 0.58 % 0.03% 0.39% 124 0.02 % 0.06% 0.09% 0.13% 0.14% 0.38 Oct 2011 0.53% 0.03% 0.35% 117 0.01 % 0.06% 0.12% 0.25% 0.15% 0.39 Nov 2011 0.52% 0.03% 0.37% 94 0.03% 0.07% 0.10% 0.25% 0.14% 0.40 Dec 2011 0.48% 0.03% 0.35% 86 0.02 % 0.06% 0.11% 0.13% 0.14% 0.39 Jan 2012 0.45% 0.03% 0.34% 74 0.05% 0.08% 0.11% 0.25% 0.14% 0.39 Feb 2012 0.49% 0.05% 0.36% 72 0.12% 0.15% 0.17% 0.25% 0.17% 0.39% Mar 2012 0.44% 0.05% 0.34% 74 0.08% 0.14% 0.19% 0.25% 0.18% 0.38% Apr 2012 0.44% 0.09% 0.35% 61 0.10% 0.15% 0.19% 0.25% 0.20% 0.37% May 2012 0.43% 0.09% 0.34% 62 0.09% 0.14% 0.19% 0.25% 0.19% 0.36% June 2012 0.38% 0.08% 0.29% 47 0.10% 0.15% 0.21 % 0.25% 0.21 % 0.36% FY12/13 July 2012 0.41% 0.08% 0.31% 112 0.11% 0.15% 0.18% 0.22% 0.22% 0.36% August 2012 0.41% 0.08% 0.29% 31 0.11% 0.14% 0.20% 0.25% 0.20% 0.38% Sept 2012 0.43% 0.09% 0.33 % 34 0.11% 0.14% 0.18% 0.25% 0.20% 0.35 Oct 2012 0.47% 0.10% 0.36% 22 0.13% 0.16% 0.18% 0.25% 0.19% 0.34% Nov 2012 0.48% 0.10% 0.36% 161 0.10% 0.15% 0.18% 0.25% 0.20% 0.32% Dec 2012 0.47% 0.10% 0.36% 137 0.08% 0.12% 0.16% 0.13% 0.20% 0.33% Jan 2013 0.44% 0.10% 0.34% 111 0.08% 0.11% 0.14% 0.25% 0.16% 0.30% Feb 2013 0.37% 0.10% 0.29% 105 0.13% 0.14% 0.15% 0.25% 0.17% 0.29% Mar 2013 0.39% 0.09% 0.30% 123 0.08% 0.11% 0.15% 0.25% 0.15% 0.29% Apr 2013 0.31% 0.08% 0.25% 186 0.05% 0.08% 0.14% 0.13% 0.12% 0.26% May 2013 0.30% 0.06% 0.23% 175 0.05% 0.08% 0.14% 0.25% 0.10% 0.25 June 2013 0.30% 0.07% 0.23% 212 0.05% 0.09% 0.16% 0.38% 0.10% 0.24% FY 13/14 July 2013 0.28% 0.07% 0.21 % 336 0.03% 0.07% 0.12% 0.25% 0.11% 0.27% August2013 0.28% 0.06% 0.21% 303 0.03% 0.06% 0.07% 0.14% 0.09% 0.27% Sept 2013 0.30% 0.07% 0.23% 321 0.01 % 0.04 % 0.01 % 0.25% 0.08% 0.26 Oct 2013 0.49% 0.06% 0.31% 475 0.05% 0.08% 0.16% 0.25% 0.11% 0.27 M T L \ 0 U ` \ M T \ L Q e ''(^^ VJ t co T f 0) 1 N O 1 � 1 1 M / / O _ / M T / M ` � O \ - CN \ G� d N 0 i T\\ Jcv \ ' O � � U ca �O V N � O CO O In C O D U O M O N O O T O O O O O O O O a v EPA � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: December 17, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED OCTOBER 31, 2013 CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive and file. EXECUTIVE SUMMARY: • Revenue and expenditure reports are submitted monthly to City Council for review. • The reports summarize year-to-date revenues and expenditures of the City. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The Statements of Revenues and Expenditures for the City are submitted to the City Council monthly to review, receive, and file. The October 31, 2013 Statements of Revenues and Expenditures are attached (Attachments 1 and 2, respectively). Revenues received for all funds through October 31, 2013 are at approximately 6.3 percent of the budgeted amount. Revenues are not received uniformly throughout the fiscal year, which accounts for the low percentage for the four months of the fiscal year. For example, the bulk of property taxes are received in January and June each year and transient occupancy tax receipts will increase during the peak season. It should be noted; however, that licenses and permits are slightly up reflecting the increase in community development activity. 43 Expenditures for all funds are at 6.3 percent of their budgeted amounts. Due to timing differences in billing from various vendors, the expenditures are also significantly below the budgeted amounts. ALTERNATIVES: None. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Revenue Reports for October 31, 2013 2. Expenditure Reports for October 31, 2013 44 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2013 - 10/31/2013 FUNDS ADJUSTED BUDGET RECEIVED REMAINING BUDGET % RECEIVED General $34,471,399.00 $3,922,155.19 $30,549,243.81 11.40% Library 2,006,000.00 (647.53) 2,006,647.53 0.00% Gas Tax Revenue 1,293,700.00 342,394.65 951,305.35 26.50% Federal Assistance 144,000.00 0.00 144,000.00 0.00% JAG Grant 12,542.00 0.00 12,542.00 0.00% Slesf (Cops) Revenue 145,390.00 24,979.37 120,410.63 17.20% Indian Gaming 0.00 0.00 0.00 0.00% Lighting & Landscaping 960,000.00 17,273.42 942,726.58 1.80% RCTC 0.00 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00 0.00% Crime Violent Task Force 18,900.00 15,746.71 3,153.29 83.30% Asset Forfeiture 0.00 (3.73) 3.73 0.00% AB 939 3,000.00 (352.44) 3,352.44 -11.70% Quimby 20,000.00 (3,403.23) 23,403.23 -17.00% TUMF 0.00 (3.03) 3.03 0.00% Infrastructure 0.00 (9.52) 9.52 0.00% Proposition 1 B 0.00 0.00 0.00 0.00% South Coast Air Quality 40,500.00 11,989.02 28,510.98 29.60% CMAQ/ISTEA 0.00 0.00 0.00 0.00% Transportation 367,700.00 369,873.26 (2,173.26) 100.60% Parks & Recreation 90,000.00 368,696.00 (278,696.00) 409.70% Civic Center 90,000.00 104,755.00 (14,755.00) 116.40% Library Development 30,000.00 61,869.00 (31,869.00) 206.20% Community Center 11,400.00 22,651.00 (11,251.00) 198.70% Street Facility 17,200.00 16,808.92 391.08 97.70% Park Facility 2,200.00 7,261.58 (5,061.58) 330.10% Fire Protection Facility 38,000.00 48,985.00 (10,985.00) 128.90% Arts In Public Places 53,500.00 38,477.15 15,022.85 71.90% Interest Allocation 0.00 44,617.25 (44,617.25) 0.00% Capital Improvement 76,554,782.00 2,289,741.31 74,265,040.69 3.00% Equipment Replacement 597,500.00 (989.82) 598,489.82 -0.20% Information Technology 445,500.00 (530.47) 446,030.47 -0.10% Park Equipment & Facility 503,500.00 (460.18) 503,960.18 -0.10% SilverRock Golf 4,108,300.00 374,816.98 3,733,483.02 9.10% SilverRock Golf Reserve 68,500.00 (180.11) 68,680.11 -0.30% La Quinta Public Safety Officer 2,100.00 (12.04) 2,112.04 -0.60% Supplemental Pension Savings Plan 0.00 (72.40) 72.40 0.00% Measure "A" 693,500.00 106,545.78 586,954.22 15.40% La Quinta Financing Authority 678,400.00 590,045.21 88,354.79 87.00% Successor Agency 19,902,600.00 6,626.94 19,895,973.06 0.00% Successor Agency to RDA Project Area No. 1 0.00 7,638.52 (7,638.52) 0.00% Successor Agency to RDA Project Area No. 2 0.00 1,446.18 (1,446.18) 0.00% La Quinta Housing Authority 1 004 700.00 331 252.01 673 447.99 33.00% Total $144 374 813.00 $9 119 980.95 $135 254 832.05 6.30% GENERAL FUND REVENUES DETAIL 07/01/2013 - 10/31/2013 TAXES: Property Tax No Low Property Tax Distribution Non -RDA Property tax Statutory Tax - LQ Statutory Tax - Riverside Cnty Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance TOT STVR Reg Fee Comm Dev - Plan Check Comm Dev Lease Revenue SMIP Administration Fees Comm Dev Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines & Assessments Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital (10150003375010) Fire Services Credit - Oper (10150003375000) CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 SB 1186 Mitigation Measures Rental income Advertising Coop Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,500,000.00 123,204.26 2,376,795.74 4.930% 3,855,000.00 284,340.48 3,570,659.52 7.380% 300,000.00 0.00 300,000.00 0.000% 100,000.00 0.00 100,000.00 0.000% 70,000.00 0.00 70,000.00 0.000% 6,050,400.00 726,838.86 5,323,561.14 12.010% 2,077,600.00 0.00 2,077,600.00 0.000% 460,000.00 116,778.45 343,221.55 25.390% 5,300,000.00 678,479.62 4,621,520.38 12.800% 365,000.00 327,029.05 37,970.95 89.600% 1,541,500.00 91,908.57 1,449,591.43 5.960% 22,619,500.00 2,348,579.29 20,270,920.71 10.380% 301,000.00 110,733.20 190,266.80 36.790% 25,000.00 7,209.00 17,791.00 28.840% 221,000.00 84,252.70 136,747.30 38.120% 32,700.00 20,262.09 12,437.91 61.960% 34,300.00 24,302.02 9,997.98 70.850% 33,000.00 18,888.93 14,111.07 57.240% 16,000.00 4,100.00 11,900.00 25.630% 206,900.00 61,662.13 145,237.87 29.800% 869,900.00 331,410.07 538,489.93 38.100% 400.00 291.00 109.00 72.750% 405,700.00 52,344.56 353,355.44 12.900% 200.00 30.00 170.00 15.000% 0.00 8,325.00 (8,325.00) 0.000% 220,800.00 145,936.99 74,863.01 66.090% 73,100.00 29,503.62 43,596.38 40.360% 200.00 0.00 200.00 0.000% 383,300.00 50,948.04 332,351.96 13.290% 196,600.00 156,977.00 39,623.00 79.850% 1,280,300.00 444,356.21 835,943.79 34.710% 3,157,300.00 18,845.57 3,138,454.43 0.600% 0.00 9,062.70 (9,062.70) 0.000% 0.00 8,036.00 (8,036.00) 0.000% 0.00 22,472.75 (22,472.75) 0.000% 27,900.00 0.00 27,900.00 0.000% 0.00 0.00 0.00 0.000% 52,727.00 28,565.68 24,161.32 54.180% 0.00 0.00 0.00 0.000% 5,451,500.00 0.00 5,451,500.00 0.000% 16,800.00 0.00 16,800.00 0.000% 253,000.00 260,443.02 (7,443.02) 102.940% 8,959,227.00 347,425.72 8,611,801.28 3.880% 411,200.00 393,751.70 17,448.30 95.760% 23,900.00 49,439.05 (25,539.05) 206.860% 91,500.00 0.00 91,500.00 0.000% 0.00 981.40 (981.40) 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 12,800.00 1,050.00 11,750.00 8.200% 100.00 (5.97) 105.97 -5.970% 128,300.00 51,464.48 76,835.52 40.110% 202,972.00 5,167.72 197,804.28 2.550% 34,471,399.00 3,922,155.19 30,549,243.81 11.380% Cfi CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Section 2103 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant FEMA Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING 07/01/2013 - 10/31/2013 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,000,000.00 0.00 2,000,000.00 0.000% 0.00 0.00 0.00 0.000% 6,000.00 (647.53) 6,647.53-10.790% 2,006,000.00 (647.53) 2,006,647.53-0.030% 207,500.00 50,910.07 156,589.93 24.530% 142,300.00 37,412.95 104,887.05 26.290% 309,000.00 86,441.13 222,558.87 27.970% 6,000.00 0.00 6,000.00 0.000% 628,700.00 167,648.10 461,051.90 26.670% 0.00 0.00 0.00 0.000% 200.00 (17.60) 217.60 -8.800% 1,293,700.00 342,394.65 951,305.35 26.470% 144,000.00 0.00 144,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 144,000.00 0.00 144,000.00 0.000% 12,542.00 0.00 12,542.00 0.000% 0.00 0.00 0.00 0.000% 12,542.00 0.00 12,542.00 0.000% 145,290.00 25,000.00 120,290.00 17.210% 100.00 (20.63) 120.63-20.630% 145,390.00 24,979.37 120,410.63 17.180% 960,000.00 17,273.42 942,726.58 1.800% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 960,000.00 17,273.42 942,726.58 1.800% IN CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CRIME VIOLENT TASK FORCE Member Contributions - Carryover Grant revenue - JABG CLET Line Interest TOTAL CRIME VIOLENT TASK FORCE ASSET FORFEITURE Interest State Adjudicated Federal Adjudicated TOTAL ASSET FORFEITURE AB 939 REVENUE: AB 939 Fees Interest Transfer In TOTAL AB 939 QUIMBY REVENUE: Quimby Fees Donations Interest TOTAL QUIMBY TUMF Interest Transfer In TOTAL TUMP INFRASTRUCTURE REVENUE: Utility refund Interest Transfer in TOTAL INFRASTRUCTURE SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ TRANSPORTATION Developer fees Interest Donations Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION 07/01/2013 - 10/31/2013 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 15,000.00 14,976.00 24.00 99.840% 0.00 0.00 0.00 0.000% 3,400.00 839.75 2,560.25 24.700% 500.00 (69.04) 569.04 -13.810% 18,900.00 15,746.71 3,153.29 83.320% 0.00 (3.73) 3.73 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 (3.73) 3.73 0.000% 0.00 0.00 0.00 0.000% 3,000.00 (352.44) 3,352.44-11.750% 0.00 0.00 0.00 0.000% 3,000.00 (352.44) 3,352.44-11.750% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 20,000.00 (3,403.23) 23,403.23-17.020% 20,000.00 (3,403.23) 23,403.23-17.020% 0.00 (3.03) 3.03 0.000% 0.00 0.00 0.00 0.000% 0.00 (3.03) 3.03 0.000% 0.00 0.00 0.00 0.000% 0.00 (9.52) 9.52 0.000% 0.00 0.00 0.00 0.000% 0.00 (9.52) 9.52 0.000% 40,200.00 12,026.64 28,173.36 29.920% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 300.00 (37.62) 337.62 -12.540% 40,500.00 11,989.02 28,510.98 29.600% 360,000.00 370,668.00 (10,668.00) 102.960% 7,700.00 (794.74) 8,494.74-10.320% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 367,700.00 369,873.26 (2,173.26) 100.590% 90,000.00 368,696.00 (278,696.00) 409.660% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 90,000.00 368,696.00 (278,696.00) 409.660% 48 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Insurance Recoveries Donations Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION 07/01/2013 - 10/31/2013 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 90,000.00 104,755.00 (14,755.00) 116.390% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 90,000.00 104,755.00 (14,755.00) 116.390% 30,000.00 61,869.00 (31,869.00) 206.230% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 30,000.00 61,869.00 (31,869.00) 206.230% 6,900.00 23,150.00 (16,250.00) 335.510% 4,500.00 (499.00) 4,999.00-11.090% 11,400.00 22,651.00 (11,251.00) 198.690% 15,000.00 15,157.00 (157.00) 101.050% 0.00 0.00 0.00 0.000% 2,200.00 1,651.92 548.08 75.090% 17,200.00 16,808.92 391.08 97.730% 2,200.00 7,262.00 (5,062.00) 330.090% 0.00 (0.42) 0.42 0.000% 2,200.00 7,261.58 (5,061.58) 330.070% 38,000.00 48,985.00 (10,985.00) 128.910% 0.00 0.00 0.00 0.000% 38,000.00 48,985.00 (10,985.00) 128.910% 50,000.00 38,807.06 11,192.94 77.610% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,500.00 (329.91) 3,829.91 -9.430% 53,500.00 38,477.15 15,022.85 71.920% 0.00 44,617.25 (44,617.25) 0.000% 0.00 0.00 0.00 0.000% 0.00 44,617.25 (44,617.25) 0.000% 114 07/01/2013 - 10/31/2013 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG 2,394,354.00 46,944.46 2,347,409.54 1.960% CVWD 0.00 0.00 0.00 0.000% County of Riverside 0.00 0.00 0.00 0.000% Surface Transportation Funding 15,218,950.00 1,032,021.59 14,186,928.41 6.780% City of Indio 0.00 0.00 0.00 0.000% LQAF 0.00 0.00 0.00 0.000% IID 22,924.00 0.00 22,924.00 0.000% RCTC 0.00 0.00 0.00 0.000% Vista Dunes Housing LLP 0.00 0.00 0.00 0.000% S13821-Bicycle Path Grant 0.00 0.00 0.00 0.000% State of California 0.00 0.00 0.00 0.000% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 394,090.00 0.00 394,090.00 0.000% Litigation Settlements 0.00 0.00 0.00 0.000% Transfers in From Other Funds 58,524,464.00 11210,775.26 57,313,688.74 2.070% TOTAL CIP REVENUE 76,554,782.00 2,289,741.31 74,265,040.69 2.990% EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,200.00 0.00 590,200.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Interest 7,300.00 (989.82) 8,289.82 -13.560% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 597,500.00 (989.82) 598,489.82 -0.170% INFORMATION TECHNOLOGY FUND: Charges for services 444,500.00 0.00 444,500.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 1,000.00 (530.47) 1,530.47 -53.050% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 445,500.00 (530.47) 446,030.47 -0.120% PARK EQUIPMENT & FACILITY Charges for services 502,500.00 0.00 502,500.00 0.000% Interest 1,000.00 (460.18) 1,460.18 -46.020% Capital Contributions 0.00 0.00 0.00 0.000% TOTAL PARK EQUIPMENT & FAC 503,500.00 (460.18) 503,960.18 -0.090% SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Insurance Recoveries Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY SUPPLEMENTAL PENSION SAVINGS PLAN Contributions Interest TOTAL SUPPLE PENSION SAVINGS PLAN MEASURE "A" Measure A Sales Tax Interest TOTAL MEASURE"A" 3,009,200.00 319,369.84 2,689,830.16 10.610% 162,500.00 12,983.00 149,517.00 7.990% 130,000.00 11,800.00 118,200.00 9.080% 274,600.00 30,664.14 243,935.86 11.170% 12,000.00 0.00 12,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 520,000.00 0.00 520,000.00 0.000% 4,108,300.00 374,816.98 3,733,483.02 9.120% 1,500.00 (180.11) 1,680.11-12.010% 67,000.00 0.00 67,000.00 0.000% 68,500.00 (180.11) 68,680.11-0.260% 2,000.00 0.00 2,000.00 0.000% 100.00 (12.04) 112.04-12.040% 2,100.00 (12.04) 2,112.04-0.570% 0.00 0.00 0.00 0.000% 0.00 (72.40) 72.40 0.000% 0.00 (72.40) 72.40 0.000% 693,500.00 106,545.78 586,954.22 15.360% 0.00 0.00 0.00 0.000% 693,500.00 106,545.78 586,954.22 15.360% 6111 CITY OF LA QINTA EXPENDITURES -ALL FUNDS FUNDS ADJUSTED BUDGET 07/01/2013 - 10/31/2013 EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $35,815,831.00 $5,560,360.11 $82,991.62 $30,172,479.27 15.5% Library 2,297,149.00 380.35 0.00 2,297,149.00 0.0% Gas Tax 1,293,700.00 0.00 0.00 1,293,700.00 0.0% Federal Assistance 352,645.00 146,801.82 0.00 205,843.18 41.6% JAG Grant 12,542.00 0.00 0.00 12,542.00 0.0% Slesf (Cops) Revenue 145,290.00 5,167.72 0.00 140,122.28 3.6% Indian Gaming 0.00 0.00 0.00 0.00 0.0% Lighting & Landscaping 960,000.00 0.00 0.00 960,000.00 0.0% RCTC 0.00 0.00 0.00 0.00 0.0% Development Agreement 0.00 0.00 0.00 0.00 0.0% CV Violent Crime Task Force 58,400.00 10,686.81 0.00 47,713.19 18.3% AB 939 302,590.00 0.00 2,000.00 300,590.00 0.0% Quimby 8,261,870.00 82,794.06 0.00 8,179,075.94 1.0% TUMF 0.00 0.00 0.00 0.00 0.0% Infrastructure 0.00 0.00 0.00 0.00 0.0% Proposition 1B 0.00 0.00 0.00 0.00 0.0% South Coast Air Quality 40,200.00 10,049.12 0.00 30,150.88 25.0% CMAQ 0.00 0.00 0.00 0.00 0.0% Transportation (101,022.00) 586,244.25 0.00 (687,266.25) -580.3% Parks & Recreation 4,400.00 687.30 0.00 3,712.70 15.6% Civic Center 230,200.00 4,743.68 0.00 225,456.32 2.1 Library Development 9,500.00 1,202.78 0.00 8,297.22 12.7% Community Center 1,206,191.00 0.00 0.00 1,206,191.00 0.0% Street Facility 10,000.00 1,312.61 0.00 8,687.39 13.1 Park Facility 2,200.00 1,651.92 0.00 548.08 75.1 Fire Protection 3,500.00 566.11 0.00 2,933.89 16.2% Arts In Public Places 329,700.00 10,216.20 0.00 319,483.80 3.1 I nterest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 76,579,782.00 2,242,796.85 11,080.88 74,325,904.27 2.9% Equipment Replacement 766,523.00 124,756.71 0.00 641,766.29 16.3% Information Technology 1,394,167.00 272,137.68 124.09 1,121,905.23 19.5% Park Maintenance Facility 599,500.00 20,869.91 0.00 578,630.09 3.5% SilverRock Golf 4,169,300.00 1,169,282.98 0.00 3,000,017.02 28.0% SilverRock Reserve 20,000.00 0.00 0.00 20,000.00 0.0% LQ Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Supplemental Pension Savings Plan 0.00 12,832.86 0.00 (12,832.86) 0.0% Measure "A" 804,000.00 4,540.55 0.00 799,459.45 0.6% La Quinta Financing Authority 677,400.00 591,414.75 0.00 85,985.25 87.3% La Quinta Housing Authority 834,977.00 277,262.49 0.00 557,714.51 33.2% Successor Agency 61,287,266.00 48,051,023.52 0.00 13,236,242.48 78.4% Successor Agency to Project Area No. 1 38,722,663.00 255.14 0.00 38,722,407.86 0.0% Successor Agency to Project Area No. 2 4,963,990.00 17,496.48 0.00 4,946,493.52 0.4% Total $242 056 454.00 $59 207 534.76 $96 196.59 $182 753 103.00 24.5 61 CITY OF LA QUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2013 - 10/31/2013 GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES FINANCE BUILDING & SAFETY: POLICE: PLANNING: PUBLIC WORKS: ADJUSTED BUDGET 10/31/13 REMAINING EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LEGISLATIVE 724,600.00 259,538.35 0.00 465,061.65 35.82% CITY MANAGER'S OFFICE 945,600.00 231,294.65 0.00 714,305.35 24.46% MANAGEMENT SERVICES 678,500.00 215,443.76 0.00 463,056.24 31.75% TOTAL GENERAL GOVERNMENT 2,348,700.00 706,276.76 0.00 1,642,423.24 30.07% 459,000.00 116,642.85 0.00 342,357.15 25.41 TOTAL CITY CLERK 459,000.00 116,642.85 0.00 342,357.15 25.41 PARKS & RECREATION ADMINISTRATI� 976,040.00 327,243.51 0.00 648,796.49 33.53% SENIOR CENTER 385,200.00 89,696.84 0.00 295,503.16 23.29% PARKS& RECREATION PROGRAMS 198,100.00 59,866.72 0.00 138,233.28 30.22% LIBRARY 1,437,200.00 33,135.31 0.00 1,404,064.69 2.31 PARK MAINTENANCE 1,515,800.00 274,613.32 0.00 1,241,186.68 18.12% MUSEUM 281,300.00 63,767.86 0.00 217,532.14 22.67% ECONOMIC DEVELOPMENT 538,100.00 198,125.22 0.00 339,974.78 36.82% CIVIC CENTER BLDG MAINT 1,233,900.00 732,754.21 0.00 501,145.79 59.39% TOTAL COMMUNITY SERVICES 6,565,640.00 1,779,202.99 0.00 4,786,437.01 27.10% FISCAL SERVICES 985,100.00 274,040.51 0.00 711,059.49 27.82% CENTRAL SERVICES 280,000.00 28,113.35 0.00 251,886.65 10.04% TOTAL FINANCE 1,265,100.00 302,153.86 0.00 962,946.14 23.88% FIRE 5,289,359.00 43,229.99 0.00 5,246,129.01 0.82% TOTAL BUILDING & SAFETY 5,289,359.00 43,229.99 0.00 5,246,129.01 0.82% POLICE SERVICES 13,358,428.00 369,251.16 0.00 12,989,176.84 2.76% TOTAL PUBLIC SAFETY 13,358,428.00 369,251.16 0.00 12,989,176.84 2.76% COMM DEV ADMN - ADMIN CURRENT PLANNING BUILDING CODE/ANIMAL EMERGENCY SERVICES TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS ADMINISTRATION DEVELOPMENT & TRAFFIC MAINT/OPERATIONS - STREETS MAINT/OPERATIONS - LTG/LANDSCAP CONSTRUCTION MANAGEMENT TOTAL PUBLIC WORKS TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 668,370.00 177,405.37 0.00 490,964.63 26.54% 528,700.00 118,891.39 0.00 409,808.61 22.49% 791,300.00 215,719.13 0.00 575,580.87 27.26% 795,600.00 174,631.95 0.00 620,968.05 21.95% 199,200.00 35,379.52 0.00 163,820.48 17.76% 2,983,170.00 722, 027.36 0.00 2,261,142.64 24.20 492,304.00 117,313.17 25,104.00 349,886.83 23.83% 571,100.00 142,271.20 0.00 428,828.80 24.91 1,312,508.00 286,901.24 0.00 1,025,606.76 21.86% 1,616,731.00 343,163.75 0.00 1,273,567.25 21.23% 1,121,570.00 331,743.70 57,887.62 731,938.68 29.58% 5,114,213.00 1,221,393.06 82,991.62 3,809,828.32 23.88% 3,914,929.00 (5,482,708.00) 337,044.77 (36,862.69) 0.00 0.00 3,577,884.23 (5,445,845.31) 8.61 0.67% 35,815,831.00 5,560,360.11 82,991.62 30,172,479.27 15.52% 6% CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 10/31/13 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LIBRARY FUND INTEREST ADVANCE 0.00 0.00 0.00 0.00 0.00% OTHER SERVICES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND 1,718,500.00 0.00 0.00 1,718,500.00 0.00% TRANSFER OUT 578,649.00 380.35 0.00 578,649.00 0.00% TOTAL LIBRARY FUND 2,297,149.00 380.35 0.00 2,297,149.00 0.00% GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND 1,293,700.00 0.00 0.00 1,293,700.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL GAS TAX FUND 1,293,700.00 0.00 0.00 1,293,700.00 0.00% FEDERAL ASSISTANCE FUND: TRANSFER OUT 352,645.00 146,801.82 205,843.18 41.63% TOTAL FEDERAL ASSISTANCE FUND 352,645.00 146,801.82 0.00 205,843.18 41.63% JAG GRANT TRANSFER OUT TOTAL JAG GRANT 12,542.00 0.00 0.00 12,542.00 0.00% SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 145,290.00 5,167.72 0.00 140,122.28 3.56% LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 960,000.00 0.00 0.00 960,000.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL LTG/LANDSCAPING FUND 960,000.00 0.00 0.00 960,000.00 0.00% CRIME VIOLENT TASK FORCE OPERATING EXPENSES 58,400.00 10,686.81 0.00 47,713.19 18.30% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CRIME VIOLENT TASK FORCE 58,400.00 10,686.81 0.00 47,713.19 18.30% AB 939 OPERATING EXPENSES 29,500.00 0.00 2,000.00 27,500.00 0.00% REIMBURSE GENERAL FUND 73,600.00 0.00 0.00 73,600.00 0.00% TRANSFER OUT 199,490.00 0.00 0.00 199,490.00 0.00% TOTAL AB 939 302,590.00 0.00 2,000.00 300,590.00 0.00% QUIMBY FUND CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00% OPERATING SUPPLIES 0.00 0.00 0.00 0.00 0.00% REIMBURSE DEVELOPER FEES 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 8,261,870.00 82,794.06 0.00 8,179,075.94 1.00% TOTAL QUIMBY 8,261,870.00 82,794.06 0.00 8,179,075.94 1.00% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 40,200.00 10,049.12 0.00 30,150.88 25.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL SOUTH COAST AIR QUALITY 40,200.00 10,049.12 0.00 30,150.88 25.00% 53 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 5/9/2219 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 9,300.00 8,798.55 0.00 501.45 94.61 CONTRIBUTION 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT (110,322.00) 577,445.70 0.00 (687,767.70) -523.42% TOTAL TRANSPORTATION (101,022.00) 586,244.25 0.00 (687,266.25) -580.31 PARKS & RECREATION INTEREST ON ADVANCE 4,400.00 687.30 0.00 3,712.70 15.62% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL PARKS & RECREATION 4,400.00 687.30 0.00 3,712.70 15.62% CIVIC CENTER SERVICES 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 28,800.00 4,743.68 0.00 24,056.32 16.47% REIMBURSE GENERAL FUND 201,400.00 0.00 0.00 201,400.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CIVIC CENTER 230,200.00 4,743.68 0.00 225,456.32 2.06% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 9,500.00 1,202.78 0.00 8,297.22 12.66% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL LIBRARY DEVELOPMENT 9,500.00 1,202.78 0.00 8,297.22 12.66% COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 1,206,191.00 0.00 0.00 1,206,191.00 0.00% TOTAL COMMUNITY CENTER 1,206,191.00 0.00 0.00 1,206,191.00 0.00% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 10,000.00 1,312.61 0.00 8,687.39 13.13% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL STREET FACILITY 10,000.00 1,312.61 0.00 8,687.39 13.13% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 2,200.00 1,651.92 0.00 548.08 75.09% TOTAL PARK FACILITY 2,200.00 1,651.92 0.00 548.08 75.09% FIRE PROTECTION INTEREST ON ADVANCE 3,500.00 566.11 0.00 2,933.89 16.17% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL FIRE PROTECTION DIF 3,500.00 566.11 0.00 2,933.89 16.17% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20,000.00 2,200.00 0.00 17,800.00 11.00% OPERATING EXPENSES-APP 4,700.00 16.20 0.00 4,683.80 0.34% ART PURCHASES 105,000.00 8,000.00 0.00 97,000.00 7.62% TRANSFER OUT 200,000.00 0.00 0.00 200,000.00 0.00% TOTAL ART IN PUBLIC PLACES 329,700.00 10,216.20 0.00 319,483.80 3.10% INTEREST ALLOCATION FUND TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL INT ALLOC FUND 0.00 0.00 0.00 0.00 0.00% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 75,731,374.00 2,205,934.16 11,080.88 73,514,358.96 2.91 PROJECT REIMBURSEMENTS TO GEN FUND 848,408.00 36,862.69 0.00 811,545.31 4.34% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL CAPITAL IMPROVEMENT 76,579,782.00 2,242,796.85 11,080.88 74,325,904.27 2.93% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 307,600.00 51,882.72 0.00 255,717.28 16.87% DEPRECIATION EXPENSES 171,700.00 0.00 0.00 171,700.00 0.00% CAPITAL PURCHASES 118,100.00 28,857.60 0.00 89,242.40 24.43% TRANSFER OUT 169,123.00 44,016.39 0.00 125,106.61 26.03% TOTAL EQUIPMENT REPLACEMENT FUND 766,523.00 124,756.71 0.00 641,766.29 16.28% 54 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 121412301 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 384,482.00 158,957.22 124.09 225,400.69 41.34% DEPRECIATION EXPENSES 97,800.00 0.00 0.00 97,800.00 0.00% CAPITAL PURCHASES 911,885.00 113,180.46 0.00 798,704.54 12.41 TOTAL INFORMATION TECHNOLOGY 1,394,167.00 272,137.68 124.09 1,121,905.23 19.52% PARK MAINTENANCE FACILITY OPERATING EXPENSES 97,000.00 20,869.91 0.00 76,130.09 21.52% DEPRECIATION EXPENSES 502,500.00 0.00 0.00 502,500.00 0.00% CAPITAL PURCHASES 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL PARK MAINTENANCE FAC 599,500.00 20,869.91 0.00 578,630.09 3.48% SILVERROCK GOLF OPERATING EXPENSES 4,102,300.00 1,169,282.98 0.00 2,933,017.02 28.50% TRANSFER OUT 67,000.00 0.00 0.00 67,000.00 0.00% TOTAL SILVERROCK GOLF 4,169,300.00 1,169,282.98 0.00 3,000,017.02 28.05% SILVERROCK GOLF RESERVE TRANSFER OUT 20,000.00 0.00 0.00 20,000.00 0.00% TOTAL SILVERROCK GOLF RESERVE 20,000.00 0.00 0.00 20,000.00 0.00% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL L Q PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 0.00% MEASURE"A" REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 804,000.00 4,540.55 0.00 799,459.45 0.56% TOTAL MEASURE "A" 804,000.00 4,540.55 0.00 799,459.45 0.01 61.1 611 �a/�UANL�q�.�, • � O� 5 OF 9ti CITY / SA / HA / FA MEETING DATE: December 17, 2013 AGENDA CATEGORY: ITEM TITLE: APPROVE DECLARATION OF SURPLUS BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve the Declaration of Surplus. EXECUTIVE SUMMARY: • The City has accumulated surplus, obsolete and non-functional property items over the last year. • This property has little to no market value, but traditionally a notice for bid is issued and some equipment is purchased by the public. • If no bids are received, the items will be donated to an educational organization or discarded. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The City's surplus consists of both functioning and non-functioning equipment that is no longer needed or has outlived its purpose (see list on Attachment 1). Each year the surplus is identified and a request to Council is made to advertise the equipment for bid in The Desert Sun. In the event no bids are received for an item, the surplus equipment is placed with an educational organization or discarded by legal means. 6rA ALTERNATIVES: Provide alternative direction to dispose of this equipment. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank Spevacek, City Manager 58 CITY OF LA QUINTA Surplus Equipment Computer Supplies MAKE MODEL DESCRIPTION SERIAL NO. CONDITION CITY # Gateway ES5200s Computer 0029941471 Does not work Gateway 310C Computer 1100345519 Does not work HP dx2300 Computer 2UA719082P Does not work Gateway E2610D Computer 0040423660 Does not work HP dx2300 Computer 2UA719082K Does not work Gateway E2610 Computer 0040423661 Does not work Gateway 500C Computer 0025928705 Does not work HP dx2300 Computer 2UA719082L Does not work Gateway 5200s Computer 0034548284 Does not work Unknown Computer Model Computer KJO08481 Does not work Gateway Perf. 1000 Computer 0023206182 Does not work Gateway 5200S Computer 0034548285 Does not work Gateway E4100 Computer 0032840302 Does not work Gateway E4100 Computer 0032840300 Does not work Dell Optiplex Computer 737MY1 1 Does not work HP dx2300 Computer 2UA719082V Does not work HP dx2300 Computer 2UA719082N Does not work Gateway E6500 Computer 003718353 Does not work HP dx2300 Computer 2UA719082R Does not work Gateway 5200s Computer 0034548279 Does not work Gateway 5200s Computer 0034548283 Does not work Gateway E2610 Computer 0040423658 Does not work Gateway 5200s Computer 003454281 Does not work -M CITY OF LA QUINTA Surplus Equipment Computer Supplies MAKE MODEL DESCRIPTION SERIAL No. ' CONDITION CITY # LG 17" Monitor 608UXYG 15882 Does not work Gateway 17" Monitor MUL7007K0009843 Does not work LG 17" Monitor 608UXEZl5644 Does not work LG 17" Monitor 608UXLS15684 Does not work HP 17" Monitor 448302-001 Does not work Gateway 17" Monitor MUL7003DO030984 Does not work HP 17" Monitor CNC907PO84 Does not work HP 17" Monitor 3CO8233NND Does not work HP 17" Monitor CND7091 PFR Does not work Optiquest 19" Monitor QCW063503974 Does not work Acer 17" Monitor Does not work LG 17" Monitor 608UXQA15684 Does not work HP 17" Monitor CNC9220CS5 Does not work HP 19" Monitor 3CQ1180J2K Does not work Gateway 17" Monitor MW667BOE06349 Does not work HP 17" Monitor CN01 10NTS2 Does not work Gateway 17" Monitor MUL7003DO031238 Does not work Gateway 17" Monitor BEJB504L Does not work Viewsonic 20" Monitor PSB06051238 Does not work HP 17" Monitor 3CO92553RZ Does not work HP 17" Monitor CNC9220CPG Does not work Gateway 17" Monitor TL819A414026298 Does not work Samsung 17" Monitor GS17HMEY209171 F Does not work HP 17" Monitor 3CO9255530V Does not work HP 17" Monitor CNC010NT71 Does not work A CITY OF LA QUINTA Surplus Equipment Computer Supplies MAKE MODEL DESCRIPTION SERIAL No. ' CONDITION CITY # Laserjet 1 100 Printer USGP042297 Does not work Laserjet 1200 Printer CNBRH38021 Does not work Laserjet 1200 Printer CNBRH54320 Does not work Laserjet 1200 Printer CNBRB75376 Does not work Laserjet 1300 Printer CNBLJ14472 Does not work A Au H V' c c c c c c c c c c> ) 0) 70 O O O o° O O O O O O O o 0 0 co ° c c c O O O O O O O 0 0 0 0 0 0 0 0 0 c : zO O c c c O c U U U U U U U U U U U)I `~ a)" U o 0 0 0 0 O O O O O o O o O o O o O o O o O o O O o O p p p p C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 •C� C7 c6 G LL LO 0`> Z O 0 J Q N 't Cb O cc oo O co > N O Z > N U) a� N a� co a� co U) 0 -0 co +- co c6 co U c6 O O U~ c6 N~ c i O U° 2 0 N N N N a. > > ° = oC ai c ai c w .� c6 � ai c �co co co co U> >_ c6 CD C c6 = Cn 0 c U 2 c6 p p p p Cl) ; p Q •C � FL N( U O J O � a� O N N © Q IL >. O U Cu �O >O N � O CD J W O CY) J J J © 0-) Lo N N +V—, cu-0 X I I I N CL cV6 cU6 p !E Cf) m m m J J U x x c6 _O C7 � O 70 c6 N N W 0 Cu c � f _n U UO Q N c > Cu (n N c6 c c > c�6 (n p > (A c6 2 E E Cn � o� V sy 5. c�tit OF CITY / SA / HA / FA MEETING DATE: December 17, 2013 ITEM TITLE: APPROVE CONTRACT AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TY LIN INTERNATIONAL FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE ADAMS STREET BRIDGE RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING - Approve Contract Amendment No. 2, in the amount of $83,602, to the Professional Services Agreement with TY Lin International for Construction Management Services associated with the Adams Street Bridge. EXECUTIVE SUMMARY: • TY Lin International (TY Lin) provides construction management services for the Adams Street Bridge. • Contract Amendment No. 2 (Attachment 1) will extend TY Lin's contract through February 2014 and add an additional $83,602. The additional time and funds are necessary to provide oversight and inspection services for the remaining construction -related punch list items. • Amendment No. 2 will increase TY Lin's total compensation to $2,060,246. FISCAL IMPACT: The project is underwritten with a mixture of local, regional and federal funding in the total amount of $12,732,710. Additionally, the project experienced a 205 working day delay, which will likely result in up to $697,000 in liquidated damages being collected by the City. The additional construction management cost is a direct result of the project delay and will be covered by the liquidated damages. Attachment 2 provides a breakdown of funding sources and the project budget. 63 BACKGROUND/ANALYSIS: The Adams Street Bridge project replaced a low water crossing at the White Water Channel (Attachment 3). The bridge construction contract was originally awarded to FTR International, Inc. (FTR) with a start date of June 13, 2013. The completion date was expected to be February 1, 2013. FTR officially abandoned the project on February 24, 2012 requiring the surety, Arch Insurance, to rebid the project. Subsequently, Arch hired Granite Construction Company (Granite) to complete the work. Once Granite was awarded the project, a new project completion date was established as August 13, 2013. In order to augment the City's construction management staff for this project, TY Lin was hired to provide continuous inspection services. Their tasks included: resolving discrepancies in the contract documents, making recommendations regarding change orders (before they became claims), and closing out the project files after the conclusion of construction. Amendment No. 1 to TY Lin's Professional Services Agreement was issued to allow for the additional and substantial construction management services incurred before and after FTR defaulted on the project. It also allowed for project close out, which was revised to the end of October 2013. Unfortunately, in construction management, most of the time intensive administrative work occurs just prior to the contractor starting work and must be repeated when a replacement contractor takes over the project. The funding provided by Amendment No. 1 covered the additional administrative work for restarting the project with Granite, and it also extended TY Lin's contract through October 31, 2013. However, Granite could not achieve the revised construction completion date of August 13, 2013 and needs until mid -December 2013 to complete the punch list items prior to the City accepting the project. Liquidated damages were accessed until November 22, 2013, when the project was deemed substantially complete, which is 70 working days past this revised end date for construction. Amendment No. 2 will allow the construction manager to remain on site overseeing the punch list work while simultaneously preparing for close out of the project. TY Lin will need approximately one month to prepare the project close out documents necessary to obtain reimbursement for eligible federal costs. ALTERNATIVES: Since this project requires full time construction management in order to accept the work of the contractor and to prepare the necessary documents for the federal grant for this project, no alternative action is recommended. 64 Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachments: 1. Amendment No. 2 2. Adams Street Bridge funding and budget 3. Vicinity map M-11 ATTACHMENT 1 s t��lGiGrGv NOFT1 DECENBER 17, 2013 PROFESSIONAL SERVICES AGREEMENT: ADAMS STREET BRIDGE IMPROVEMENT PROJECT NO. 2006-06 CONSULTANT: TY LIN International Attention: Mark Ashley, P.E. Senior Vice President 404 Camino del Rio South, Suite 700 San Diego, CA 92108 PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 2 Pursuant to the terms of the original Professional Services Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the original scope of work and fee schedule for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Agreement. DESCRIPTION OF CHANGE This contract amendment authorizes additional contract funding, in the amount of $83,602, for TY LIN International to continue to provide Construction Management and Inspection Services on the Adams Street Bridge Project through January 2013. TY LIN International's additional work request, dated November 27, 2013, is attached and made part of this contract amendment. Previous Contract Amount Through Contract Amendment No. -2- $1,976,644.00 Add this Amendment $83,602.00 Revised Contract Total $2,060,246.00 The contract completion date is extended through February 2014. Submitted By: Approved By: Date: Date: We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: Title: Consultant: Date: ::�A TYLIN INTERNATIONAL erl(,Jineors I planners I scienhs[s November 27, 2013 Mr. Timothy R. Jonasson, PE Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: Adams Street Bridge Project - Additional Work Request No. 2 to Provide Construction Management and Inspection Services on the Adams Street Bridge Project (City of La Quinta Project 2006-06) maim= TY Lin International (TYLI) respectfully requests a second amendment to our contract to complete the construction management and inspection services for the Adams Street Bridge FToject. This letter will serve to clarify our request in relation to the modified end date of the Project, according to the Takeover Agreement between the City and Arch Insurance, and the Yctual end date of construction. The parameters for Amendment No. I to TYLI's existing contract and the revised end date per the Takeover Agreement between the City and Arch Insurance are as follows: -T'Y L s menament 1--o-7f was approveUTTr--$'F/'/-.SM, Tili-f-o-U-r-i-ng—T"TLT-s-fo-Faf-co-ntract amount to $1,976,644.00. -The Takeover Agreement established a construction end date of August 13, 2013. -TYLI's Amendment No. I request assumed that Arch Insurance's Contractor, Granite Construction, would be complete with the �ect bp the established end date i would require an additional two months to complete the close-out of the Project. 'MIUMM; %—U11bLrJ_UL_F(1PrF_ ULV UHU I 111M 77fM =w extend approximately 3-1/2 months (70 Working Days) beyond the established end date of August 13, 2013. The impacts to the schedule are as follows: -Substantial completion of the Project has tentatively been established as Friday, November 22, 2013, however, Granite Construction will require until approximately December 13, 2013, to fully complete all punch list items. -TYLI rilans on workina on the Proiect to close Contract Chanize Orders (CCOs- r r I I J-1 US11111MUS UIUL MIS WUUKwiii require, i 11111-ume em"poyee kjoMnln RUCKRIU-0y) work through January 17, 2014. TYLIN INTERNATIONAL engineers I pkjnners I scientOs The impact to TYLI's original contract plus Amendment No. I is as follows- ': F Consulting will be perfon-ning a final survey of the site, per an agreement with the original Contractor and Arch Insurance, to establish a baseline of payment for Unclassified Excavation (Channel). This item was not in the original scope and will cost $3,500.00. -The attached Draft Invoice projects costs through December 31, 2013 as -$64,601.77. -TYLI estimates that an additional kI-L9_000.00 will be required for work in January, 2014 to close out the project by January 17, 2014. prepare a final survey of the channel, and close out the project. Please note that TYLI worked a significant amount of overtime on the project while Granite Construction was trying to complete the project by the established end date of August 13, 2013 The impact of this overtime on the budget is $23,810.00. Per the specifications, the City shall wMit 2 e 0 1 3 shall reimbursed by the Contractor the premium overtime that was worked by TYLI to accommodat I the Contractor's schedule. The value of the premium overtime amounts to $18,144.3 1. We look forward to continuing to provide construction management and inspection services to 0 the City and will work diligently to deliver a successful project. Please let me know if you ha any questions or need additional information. am= Joseph Smith, PE Project Manager TY Lin International IMININIIIIIIINIMI IINIMINININININIMI MIME ME ATTACHMENT 2 ADAMS STREET BRIDGE FUNDING AND FUNDING SOURCES APPROVED FUNDING Federal Local Total Transportation DIF $ 610,400.00 $ 610,400.00 CVAG $ 2,014,035.00 $ 2,014,035.00 APP Funds $ 200,000.00 $ 200,000.00 Federal Funds $ 9,908,275.00 $ 9,908,275.00 Total Available Funding: $ 9,908,275.00 $ 2,824,435.00 $ 12,732,710.00 ANTICIPATED FUNDING (LD'S) $ 697,000.00 $ 697,000.00 TOTAL ANTICIPATED FUNDING: $ 9,908,275.00 $ 3,521,435.00 $ 13,429,710.00 a1:031x4121.11111011 Design Services (RBF) Professional/Permits CM/Insp/Test/Survey (TYLIN) CM/Insp/Test/Survey (TYLIN Amendment 1) CM/Insp/Test/Survey (TYLIN Amendment 2) Construction (Original FTR Contract less LDs) Construction (known CCO's) Prior IID Costs NEW IID Relocation Costs Administration Federal Local Total $ 806,908.00 $ 104,544.00 $ 911,452.00 $ 188,548.00 $ 188,548.00 $ 1,150,300.00 $ 149,033.00 $ 1,299,333.00 $ 599,623.43 $ 77,687.57 $ 677,311.00 $ 69,250.50 $ 14,351.50 $ 83,602.00 $ 6,720,303.45 $ 870,686.55 $ 7,590,990.00 $ 544,459.50 $ 246,124.50 $ 790,584.00 $ 510,205.00 $ 510,205.00 $ 661,477.00 $ 661,477.00 $ 348,350.00 $ 348,350.00 TOTAL PROJECT BUDGET: $ 9,890,844.88 $ 3,171,007.12 $ 13,061,852.00 DIFFERENCE FUNDING -VS- BUDGET (NO LDS): $ 17,430.12 $ (346,572.12) $ (329,142.00) DIFFERENCE FUNDING -VS- BUDGET (WITH LDS): $ 17,430.12 $ 350,427.88 $ 367,858.00 N r`a ATTACHMENT 3 DIANE DR R LEY \Ft SEE DR DESERT CREST p LL y p N0 PARKBROOK CT k Z J WLIJ p 0 W 6 9yeF,P Z ro W W w o p VICTORIA DR � U OAF m y 0 J DESERT STREAM DR O O C SIERRA VISTA A SHLEY PL y O n� PASEO DEL REY LA QUINTA PARK -IAVENIDA PALMAS WESTWARD HO DR n Cn Z Z O O Z Cn 47TH AVE ADAMS STREET BRIDGE LA QUINTA HIGH SCHOOL CORPORATE CENTRE DR p h T� W U Q a AUTO CENTREDR CJ3' VICINITY MAP COR,oORgTF CtcN7RFOR Not to Scale CITY COUNCIL MEETING: December 17, 2013 wtQ c ITEM TITLE: APPROVE CONTRACT AMENDMENT No. 2 TO THE 0 PROFESSIONAL SERVICES AGREEMENT WITH TY LIN 1Z �1 INTERNATIONAL FOR CONSTRUCTION MANAGEMENT -� SERVICES ASSOCIATED WITH THE ADAMS STREET BRIDGE N�M�w� OFTY�DEPT. DIRECTOR: Timothy R. Jonasson, P.E., Public Works Director/City Engineer 73 STAFF CONTACT: Bryan McKinney, P.E., Principal Engineer 74 c� OFTL9 AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: December 17, 2013 BUSINESS SESSION: ITEM TITLE: APPROVE AMENDMENT NO. 2 TO THE CONSENT CALENDAR: 6 FACILITY USE AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION MODIFYING THE INSURANCE STUDY SESSION: REQUIREMENTS FOR USE OF CITY FACILITIES DURING THE ANNUAL ARTS FESTIVAL nlveu�L:w r. �� AI1���n:IM%3. Rl^ r RECOMMENDED ACTION: Approve Amendment No. 2 to the Facility Use Agreement with the La Quinta Arts Foundation and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY: • The La Quinta Arts Foundation (Foundation) has a Facility Use Agreement (Agreement) with the City for use of the Civic Center Campus, City Hall, Library, Senior Center, and undeveloped parcels used as parking lots for the La Quinta Arts Festival and Art Under the Umbrellas events in the Village. • The Foundation requested a change to the insurance requirements in the Agreement. • The City contacted California Joint Powers Insurance Authority (CJPIA) to review the insurance requirements. CJPIA determined the previous coverage amounts were based on outdated industry standards and that the proposed insurance requirements are adequate coverage based on today's standards. The Amendment (Attachment 1) changes the level of insurance required by the Foundation for the La Quinta Arts Festival. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: In 2008, the City entered into a Facility Use Agreement with the Foundation for use of City facilities. The term of the original agreement was extended through June 30, 2018. Several weeks ago, the Foundation requested a change to the insurance requirements to the agreement. NO The original agreement stipulates limits of $1 ,000,000 coverage per occurrence and $3,000,000 for the annual aggregate. The Foundation requests limits at $1,000,000 per occurrence and $2,000,000 as the annual aggregate. Industry standards have changed since 2008, when the original contract was executed, making it difficult and expensive to obtain aggregate coverage for more than double the amount of individual occurrence limit. The Foundation will provide Insurance Services Office Form CA 0001 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. The original Facility Use Agreement indicates that both parties must approve of any changes made to the agreement. ALTERNATIVES: Staff relies upon insurance coverage amounts recommended by CJPIA; therefore, no alternatives are suggested. Report prepared by: Edie Hylton, Community Services Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Amendment No. 2 rcy AMENDMENT NO. 2 TO FACILITY USE AGREEMENT WITH LA QUINTA ARTS FOUNDATION This Amendment No. 2 to Facility Use Agreement with La Quinta Arts Foundation ("Amendment No.1 ") is made and entered into as of the day of , 2013 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and La Quinta Arts Foundation ("Foundation"). RECITALS WHEREAS, on or about September 16, 2008, the City and Foundation entered into a Facility Use Agreement for the use of City Properties for the La Quinta Arts Festival (Festival). The term of the original agreement was extended through June 30, 2018 by Amendment No. 1 on September 18, 2012; and WHEREAS, the parties wish to update the insurance language in Section 14 of the original Facility Use Agreement. AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1 . Amend Section 14 — Insurance to read: (a) Foundation shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, commercial general liability insurance against all claims for injuries against persons or damages to property resulting from Foundation's acts or omissions arising out of or related to Foundation'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 Foundation's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate of insurance with endorsement evidencing the foregoing and naming the City, its employees, officials, agents and member agencies as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be in accordance with the following limits: $1,000,000 per occurrence; $2,000,000 annual aggregate. (b) Foundation shall provide Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of NFA $1 ,000,000 per accident. If Foundation owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Foundation's commercial general liability policy. In all other respects, the original agreement and Amendment No. 1 shall remain in effect. IN WITNESS WHEREOF, the City and Foundation have executed this Amendment No. 2 to the Facility Use Agreement with La Quinta Arts Foundation for the use of City Properties for Foundation events on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney LA QUINTA ARTS FOUNDATION Dated: IN Name: Title: 78 o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: December 17, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: APPROVE MASTER LEASE AGREEMENT AND LEASE PURCHASE SCHEDULE WITH DELL CONSENT CALENDAR: 7 FINANCIAL SERVICES, LLC FOR EQUIPMENT, STUDY SESSION: SUPPORT, AND MAINTENANCE. PUBLIC HEARING: RECOMMENDED ACTION: Approve master lease agreement and lease purchase schedule with Dell Financial Services, LLC for equipment, support and maintenance, and authorize the City Manager to execute and amend, as needed, during the term of the agreement. EXECUTIVE SUMMARY: • By April 2014, Microsoft will be discontinuing product support for the City's desktop computers, the vast majority of which are outdated and no longer under warranty. • Per the master lease agreement and lease purchase schedule (Attachment 1), Dell Financial Services, LLC, will install and/or upgrade all desktop workstations, warranty all new workstations for the four-year term of the lease, establish a regular replacement cycle, provide customer support for the computers and dispose of all equipment at the end of the lease. • By leasing versus purchasing this equipment, the City procures new workstations at a lower cost and will establish a phased workstation replacement program. FISCAL IMPACT: Leasing this equipment will cost $21 ,697 annually for the four-year term (total of $86,788), which includes all charges for equipment, installation, warranty and on- going tech support. Some or all of the equipment may be purchased at the end of the lease. Funds are available in the Fiscal Year 2013/2014 Information Technology budget. If the City purchased the required equipment, the annual purchase cost is projected to be $25,075 or $100,300 for the four-year term. BACKGROUND/ANALYSIS: Once Microsoft discontinues support in April 2014, the City will be at operational risk. By removing older, less reliable and unsupported equipment, this risk will be avoided. The lease agreement will also establish a regular equipment replacement cycle. Staff solicited equipment leasing proposals as well as solicited equipment purchase proposals. Three firms submitted leasing proposals and Dell provided the most cost effective proposal; their proposal met all City requirements inclusive of installation, equipment return, and operational flexibility under the City's desired timeframe. Leasing this equipment would cost $21,697, annually or $86,788 over the four- year term. Purchasing similar equipment using in-house resources would cost at least $25,075 annually (total of $100,300 for four years), and would also require additional contract staff to install the equipment within the required time frame. Purchasing this equipment, however, does not include the comprehensive customer support services provided by Dell. The equipment leasing option would reduce annual costs by at least 13 percent (not including the contract staff cost to install and maintain the equipment). Updating computers through leasing addresses the City's current needs. With the introduction of new software systems, the City's Information Technology division must respond to new business needs while optimizing work processes and achieving operating efficiencies. ALTERNATIVES: Staff does not recommend an alternative. The leasing option through Dell reduces annual costs while providing state of the art equipment, equipment replacement and service support that could not be achieve if the City purchased and installed the required equipment. Report prepared by: Chris Escobedo, Assistant to City Manager Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1 . Lease Agreement 80 4319 Collection Center Dr, Chicago, IL 60693 Orfill forl Ila Mill W.., "WrAWWWWW"W party to lease to or from the other. Date"). Lessee shall be solely responsible for unpacking, inspecting a installing the Products. (b) Lessor shall deliver to Lessee a Schedule for Products. Lessee agr 77 15% or any decrease) caused by any change made by Lessee n esse order with the Seller. 3. TERM. ' The initial term (the "Primary Term") for each Lease shall begin on the date set forth on the Schedule as the Commencement Date (the DFS Public MLA.0SW.8.10,12c1otx Page 032213 EFFECTIVE DATE: December 5-2013 MASTER LEASE AGREEMENT O. MMELOMM 111= Principal Address: 78-495 Calle Tampico.... Attenti "Commencement Date"), The period beginning on the Acceptance Date (a) The rental payment amount ("Rent"), and the payment period for each installment of Rent ("Payment Period") shall be stated in the Schedule. A prorated portion of Rent calculated based on a 30-day month, 90-day quarter or 360-day year (as appropriate) for the period from the Acceptance Date to the Commencement Date shall be added to the first payment of Rent. All Rent and other amounts due and payable under this Agreement or any Schedule shall be paid to Lessor in lawful funds of the United States of America at the payment address for Lessor set forth above or at such other address as Lessor may designate in writing from time to time, Whenever Rent and other amounts payable under a Lease are not paid when due, Lessee shall pay interest on such amounts at a rate equal to the lesser of 1 % per month or the highest such rate permitted by applicable law ("Overdue Rate"), Rent shall be due and payable whether or not Lessee has received an invoice showing such Rent is due. Late charges and reasonable attorney's fees necessary to recover Rent and other amounts owed hereunder are considered an integral part of this Agreement. (b) EACH LEASE SHALL BE A NET LEASE. In addition to Rent, Lessee shall pay sales, use, excise, purchase, property, added value or other taxes, fees, levies or assessments lawfully assessed or levied against Lessor or with respect to the Products and the Lease ("collectively "Taxes"), and customs, duties or surcharges on imports or exports (collectively, "Duties"), plus all expenses incurred in connection with Lessor's purchase and Lessee's use of the Products, including but not limited to shipment, delivery, in st a I I all o n, and insurance. Unless Lessee provides Lessor with a tax exemption certificate acceptable to the relevant taxing authority poor to Lessors payment of such Taxes, Lessee shall pay to Lessor all Taxes and Duties upon demand by Lessor. Lessor may, al its option, invoice Lessee for estimated personal property tax with the Rent Payment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Products. (c) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5, LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE AND TO OTHERWISE PERFORM AS REQUIRED UNDER THIS AGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUP ENT FOR ANY REASON WHATSOEVER WHETHER ARISING OUT OF ANY CLAIMS BY LESSEE AGAINST LESSOR, LESSOR'S ASSIGNS, THE SELLER, OR THE SUPPLIER OR MANUFACTURER OF THE PRODUCTS, TOTAL OR PARTIAL LOSS OF THE PRODUCTS OR THEIR USE OR POSSESSION, OR OTHERWISE. If any Product is unsatisfactory for any reason, Lessee shall make its claim 1 of 5 81 solely against the Seller of such Product (or the Licensor in the case of all amounts due and payable under the Lease. CIE§FtT-3-7-To7J--.WtViTo7.qr#Tffff IM-1 A (c) Lessor and Lessee intend that the obligation of Lessee to pay Reml and other amounts due under a Lease constitutes a current expense M- Lessee and is not to be construed to be a debt in contravention of a applicable constitutional or statutory limitation on the creation indebtedness or as a pledge of funds beyond Lessee's current Fis Period. I rw�ll DIPS Public MLA.OSWA10.12dotx Page 2 of 5 032213 82 Upon the return of any Product t Lessor, any alteration, addition or improvement that is not removed by Lessee shall become the property of Lessor free and clear of all liens and encumbrances. or ♦ i or documents Lessee enters t this Agreement • each Schedule full power and authority to enter into this Agreement and any Schedules and perform all of its obligations under the Leases; (c) This Agreement and each Schedule constitute the valid, legal and binding obligations of Lessee, enforceable in accordance with their terms; (d) No other approval, consent or withholding of objection is required from any federal, state or local governmental authority or instrumentality with respect to the entering into or performance by Lessee of the Agreement or any Schedule and the transactions contemplated thereby; (e) Lessee has complied with such public bidding requirements and other state and federal laws as may be applicable to the Agreement and any Schedule and the acquisition by Lessee of the Products; (f) The entering into and performance of the Agreement or any Schedule will not r.te any jur• order,it regulation .r♦.:._r- to Lessee; (ii) result in any breach of, or • default under, im •i :• i ..:'.i i •` ZSCUAHLY IIII.ClObi it other �ncumbrance upon any assets of the Lessee or on the Products, other than those created pursuant to this Agreement; (g) There are no actions, suits, proceedings, inquiries or investigations, at law or equit before or •; • public board or ••i ►-.......• • i....... ihreatened against or affecting Lessee, nor to the best of Lessee.s knowledge and belief is there any basis therefor, which if determined adversely to Lessee will have a materialadverse effect on - ability of Lessee to fulfill its obligations under the Agreement or any Schedule; (h) The Products are essential to the proper, efficient and economic Lessee expects to make immediate use of the Products, for which it has an immediate need that is neither temporary nor expected to diminish during the applicable Lease Term, The Products will be used for the sole purpose of performing one or more of Lessee's governmental or proprietary functions consistent within the permissible scope of Lessee's authority; and (I) Lessee has, in accordance with the requirements of law, fully 12. RRANTY ASSIGNMENT; EXCLUSION OF WARRANTIE LIMITATIONS ON (a) Provided no Event of Default has occurred and is continuing, Les right of return provided by any Seller. i LESSEE ACKNOWLEDGES TH• i":. DID NOT SUPPLY OR LICENSE ANY •-tar a r a .r � * •"ir �Y r •• i i r •- r , • i -i■ r i �--i i i• i i ! i • a J Y i' i• a i:• i i r, i i- - Y r s- • i i- s i •.. r i +- r i• i- ! a ••ir M- i- i .ri ■ r statutory(d) Lessee agrees that it is the intent of both parties that each lease qual as a - underof • r r yr. ii . - i •r r i -- r -i � r r ar i r i- (a) Lessee fails to pay any Rent or other amounts payable under this sugl--�?Wlpnt is • Any representationor .i' by - -e to Lessor in connection with this Agreement, any Schedule or any other Documents is at the time inade materially untrue or incorrect; (c) Lessee fails to comply with any other obligation or provision of this after notice from Lessor; its property and such petition is not dismissed within 60 days; 044 essee or governmental agency or r whereby i •.. such existing(0 Lessee is in default under any other lease, contract, or obligation now or entered r. with Lessoror or r ' it Lessor. REMEDIES;14. TERMINATION. (a) Upon an Event of Default under any Schedule, all of Lessee's rights DFS Public ME_A.0SW.0.10.12dotx 032213 83 I I L01 pall El BIMLOJ 1101m is 10MI'do I lZipligm an I vwlej Ez-A&I ntm K:aq Loll IV 11 1 1 , ya—valcm* location designated by Lessor and to grant Lessor the right to enter the mlAn�giv--11 — for the purpose of repossession; (ii) sell, lease or otherwise dispose of any or all Products (as agent and attomey-in-fact for Lessee to the extent necessary) it such terms and in iiscretion ("Disposition"); I wil .1116 ON 81,01111W 41 L ssor separately or together. Lessor shall not interfere with Lessee's right to possession and qu Default has occurred or is continuing. Lessor represents and warrants that *f tXe Q*mmeAcemeAt 12te 4f tXe ScXe:#0e, Lesstr �2s tXe Xg to lease the Products to Lessee, any Products (including Claims for personal injury or death or damage to properly, and to the extent Lessee is responsible, Claims related to the !.@I NI I.M. 9111,110 W4-,1 r2r,71,011 01 WIN 1 0 amil,191411- As between Lessor and Lessee, title to the Products (other than I Licensed Materials) is and shall remain with Lessor. Products DFS PublIc MLA.OSW.8.10.12dotx Pa 032213 adsing through the acts of Lessor) and shall immediately notify Lessor dIR V1 d if Pldftlb, IdUtlib, U1 U111M [11d1r,111Yb @.PUFI rMUSULb WY Lt:ZIZIUI,. �Otjllt:[ other supplier. with interest at the Overdue Rate. Lp-s-,-or—he sent toDell Financial Services Legal Department, One Dell Way, Round Rock, TX 78682, or such other mailing address designated in writing by Lessor, Notice to Lessee shall be to the address on the first page of this Agreement or such other mailing address designated in writing by Lessee, I - I - . . . . . . . . . . . . . . . . . obligations to Lessor under this Agreement or Schedule (b) Lessor may at any time without notice to Lessee, but subject to the rig of Lessee, transfer, assign,or grant a security interest in any Product, t Agreement, any Schedule, or any rights and obligations hereunder thereunder in whole or in part. Lessee hereby consents to such assignmen agrees to comply fully with the terms thereof, and agrees to execute a deliver promptly such acknowledgments, opinions of counsel and ot instruments reasonably requested to effect such assignment. (c) Subject to the foregoing, this Agreement and each Schedule shall and assigns. 21. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OF JU TO.O.L. =Elm- Lem, M-O f • � (a) The headings used in this Agreement are for convenience only a shall have no legal effect. This Agreement shall be interpreted without a strict construction in favor of or against either party. (b) The provisions of Sections 6, 8, 11, 12(b), 12(c), 12(d), 16, 21 and this Agreement or any Schedule. (c) Failure of Lessor at any time to require Lessee's performance of a No term, condition or provision of this Agreement or any Schedule shall signed by a duly authorized representative of Lessor. A valid waiver is limit to the specific situation for which it was given. of 5 84 op Losses shall furnish such financial &bg0racoN, of f essee (prepared in accordance villh generally accepted accounting principles) and other information as Lessor may from Irrine to linie reasonably request, (e) If any provision(s) of IN,, Amccrnenl is deemed invalid or unenforceable to any extent parfer than provisions going to the essence of this Agrieraleng file same shall not in any respect affect file validity, legality of enforceability (10 ine fullest extent p onallod by law) of file remainder of this Agreement and the parties shall use their best sports to replace such Illegal, invalid or unergomeable provision volh all enforceable provision approximating, to the extent povsiblo, the original Intent of the Parties (f) Unless olhejsviL' plovirrod, all obligations he:reuruter chat be performed or obsefeed at the respective parly's expense, (9) 1 essee sir ill lake any action reasonably requeilod by Lessor for the purpose of fully elitictualing the intent and purposes (if thy Agreement or any Schedule If any Lease is delernimorl to be other than a true le -airs, Lesoo hereby grants to Lessor a first priority liRC.Brity inirs!'e-91 In tire PITIOCIS and Bit proceeds thereof, Losses acknowledges that by signing this Agreement, I bacon has aulhoruxxi I os-sor to file any financing slaternents or foisted flings as Lessor may reaGilimbly occur necessary or approprialy, L essor may file a copy of this Agreement or any Schedule in ficlu of a financing statement (h) rhis Agreernew and ony Schedule may Ile signod in any number of counterparts vach of whion, whor, ,,a oxeculeal or otherv.1so atillionticaled and delivered shall be an ong;nal our all counterparts shot together conslitutc.", one and OTR sours imilrdolool 10 !be CW6111 each SGIMILAIL' v,,ould conalituto chattel paper is that torn is defined in the LIX, no security interest may be created through the kanster or central or possesskln, as applicable, of a counterpart of ill Schedtio Other than !he original in Lessor's po,srrssion niarkod by I essor as, efilkar 'original ' or "Counterpart Numbeir ." (i) This Arin,,ernent and MQ 5crit-Allies hereto Iv,,,Irvven I e-tiSor arid Lessee act loon all of the undei star idings and aqr(-:c.,nlrink behveen file parties and supersede and merge all one, voitlen or oral undeiralandincs, or between trio parties relating to tiro ,I "'Aftect aligler conlarned firoreiri Exrapi as permitted herein, this Agreement and any Schedule may be aniunded only by a Yelling duty signed or othereAse aulhentic,1- led by [-enso., and LosSee If Lessee delivers this Agi eernent, any affleodmenl, or wach a "Document") to Lessor by facsimile transmission, arr[l I Writ receive all of the , pages of that Document. Lessen agrees that, except for ene pages Which real,rlie a signature, Lessor May Supply Inc lult;tJirg pones Io tho Document from Lc&cof',% database, avijcll conforms In thr, version nuiliber ill the holkan of ljjca lingo If Lc5,sce delivers a signed DOGUnlent to Lessor as an e'11190 rrfiachloenj, facolarle Vansulisson or by U S, rrraol, Lessee ackrrmo1odgos lhat Le,;smr is relying nil Lyissel-,,'s re.plu."(oltilli4ar, Writ the DoCUPlOot nrl', net been altered, LCSsOe further agrees Hiat any rule of r,vidence to Vne contrary, in any bearing, trial ur piucv.ornq of :jny Kind viffin respect to a Documonl, Leysor may produce a (engine copy of trip Dociii-nont liansmifiteo by L ossee to Lessor by fncgirlijjr� or as an e-r-noil attachment and such signed copy spoil ba deproLa to bo' 01(i original of the Document To the extent (if iny) licir the Downicnt constitutes, ctiatlefl paper under the; Unikull Commercial 000P, ill(, aulhoWalwo lwwy of the Document shall be the copy designated by Lessor or its asStcjriea. ftorn firne, to firne, as tire copy owdlahle for access, and iuvirno by t Lessor of its assignee All other copies are deerned identified as copies of the aritnonlalive copy, In the event of inadvr,,nent destruction of the aUIh0I`fiafiV0 early, or corruption of the auprorilalive copy for any reason or as the result of any cause, trip authoritative copy may be restored from a backup or archive copy, and the featured copy shall become the aultionUiltive copy, At Lessoi's option this elcOrranic record may be converic.-til into pripor form At such limc, such paper copy vall be designated or roarked -is the Aulbonfative copy of the Document, DFS Pt,',)Iic Ml-A,OrAV M01,12dotic 032.1' 13 EXECUTED by the undersigned an the dates set forlivbelov.,. to be effective as of the Effective Dale City of La Quinut, California By' NAMb. \ rmakcy DGKOk.— I I I LL )-A.1w4rw nnPrAtIonaiii lonqe, 5 of 5 85 CITY OF LA QUINTA Mr, Chris Escobedo g QE-dor& a •fujtv r I I a . . . . . . . . . . 7 Final Dst[Fles ftyrr-t 4v a MmEm3m�4� gmmumuffz -07. ALb It. An14 t. 0 Page 1 of 1 86 n a n c a S e ry i c e s Sample Customer DELL ELE THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEA AGREEMENT NO, SAMPLE ("Agreement") DATED MM/DD/YYYY BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND Sample Customer ("Lessee"). I Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in this Schedule and in the Agreement, the Products described below, Any capitalized term used herein and not defined herein shall - 11 111 1111g� Ism Product Descriotion Product Location Lessee Purchase Order No. Term [Mos.] Commencement Date" SAMPLE MM/DDNYYY Rent is payable: in advance - Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first tayment of Rent any prorated Rent if applicable. Such amounts are further described in Exhibit "A". ** The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with the terms in the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the Commencement Date, as such date is finally determined. LEASE PURCHASE PROVISIONS The following provisions shall apply with respect to this Schedule in addition,to those provisions in the Agreement: -MW212129�= I Tor tne-RoTpobvIb Ul ve—menwl-7=tt I I . 4elow or on Exhibit "B", attached to and made a part hereof. Payment Number/ Rent Purchase Date Interest Portion Principal Portion Purchase PrlcM Add as a new last sentence to subsection (b) the following: "Because the Products will be used for a governmental or proprietary purpose of Lessee, they are exempt from all sales, use and property taxes." 2. SECTION 3. TERM. Insert as a new second paragraph the following: "TECHNOLOGY REFRESH WITH NEW FINANCING OPTION. Provided no Event of Default has I occurred or is continuing m rtur trVe,1Tr-.e43ir6 ar'14 tile . �---ftesh 'ion �"Tech Refresh Option") by telivering to Lessor an irrevocable wriiten election notice to exercise the Tech Refresh Option at least 120 days prior to the expiration of the Primary Term and by completing all of the following on or before the beginning of the last month of the Primary Term (the "Tech Refresh Date"): Page I of 3 87 DF5 Public LP Schedule DeliFlexOption.08252008 0) Lessee returns all (but not less than all) of the Products on this Schedule ("Original Products") to Lessor in the same manner as described in the Agreement; and (ii) Lessee enters into a new Schedule under the Agreement (the "New Lease") with a primary term of at least-24 months for new equipment ("New Products") which are, as determined by Lessor, of the same manufacture, type and quality as the Original Products and which have a Total Product Cost that is at least 75% of the Total Product Cost of the Original Products, rZW ^yieurfiuinsriau IUITIdIrI III FFII iuR& dilu Urtectans it trio S--Uw*--G#1vkTLT-Fr 0, W.. Refresh Option are not fulfilled before the Tech Refresh Date, the Tech Refresh Option shall be null and void and Lessee shal' pay the final Rent payment due on the Tech Refresh Date. (N Lessee will not do, cause to bedoma.or,$uLjodoany act ifsuch act cnfailure hoact will cause this Agreement, or any transaction hereunder, to be an Arbitrage Bond within the meaning of Section 148 of the Code or a Private Activity Bond within the meaning ofSection 141ofthe Code; (1) The total cost of the Products listed in this Schedule will not be less than the total Principal Portion of the Rent listed in this Schedule; (n) The Products listed in this Schedule have or will be ordered within six months of the date hereof in order to commence such Schedule; <n>The Products listed in this Schedule are eupepted bubedelivered and installed, and the Seller fully paid. within one year from the date hereof; (p) Lessee will not sell, encumber or otherwise dispose of any property comprising this Schedule prior to the final maturity or termination of such Schedule without a wr ' ittprt opinion of nationally recognized bond counsel to the effect that any such disposition will not adversely affect the exclusion of interest on the Rent from gross income for federal income tax purposes; (q) Lessee agrees to execute, deliver and provide Lessor with satisfactory evidence of the filing of such documentation, as may be required for the purposes of properly reporting this Schedule, including, without limitation, IRS forms 8038-G or 8038- GC, as required under the Code; (r) It is expected that Rent under this Schedule will be paid from periodic appropriations of the Lessee deposited into the �L-�,nxral fund of the Lessee that such aypro�wriations will erik.ual the Rent due clurin each Fiscal Period of Lessee, and that all amounts paid for Rent will be from an appropriation made by the Lessee during the Fiscal Period in which such Rent is made; (s) To the best of our knowledge, informati , on and belief, the above expectations are reasonable; and (t) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103, 141 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rent from gross income for purposes of federal incorne taxation. Without limiting the generality of the foregoing, Lessee shall acknowledge any assignment of this Schedule in writing and complete an accurate record of all such assignments in a manner that complies with Section 149(a) of the Code and the Treasury Regulations promulgated thereunder." TO THE EXTENT PERMITTED BY LAW, AND IN ADDITION TO LESSE'S OBLIGATION UNDER SECTION 16 OF THE AGREEMENT, LESSEE HEREBY ASSUMES LIABILITY FOR, AND SHALL PAY WHEN DUE, AND SHALL INDEMNIFY AND DEFEND LESSOR AND ITS SUCCESSORS AND ASSIGNS AGAINST, ANY AND ALL LIABILITIES, LOSSES, OF LESSEE'S BREACH OF ANY OF ITS REPRESENTATIONS, WARRANTIES, OR COVENANTS CONTAINED IN SECTION 11 OF THE AGREEMENT AS SUPPLEMENTED HEREIN. 4. SECTION 12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES; LIMITATIONS ON LIABILITY; FINANCE Page umu 88 17WWU! 11.71-711 I oil, 9; 1 runutu triat, -#.pan an ETUME Of ReTallf or allj termination at Mis Sunectie, airier Man 07 LUb5eU 5 , title to the Products shall immediately and without any action by either party vest in Lessor, and Lessee shall immediat surrender possession of the Products to Lessor. Any such transfer of title shall occur automatically without the necessity any bill of sale, certificate of title or other instrument of conveyance. Lessee shall, nevertheless, execute and deliver any su instruments as Lessor may request to evidence such transfer. I MANIA UN11112VA (i) purchase the Products for $1.00 at the end of the Primary Term; (ii) purchase the Products at the PurchasLe Price as stated in Paragraph (i) above or as listed on Exhibit B, so long as all other amounts due on the Purchase Date have been paid in full; or (iii) return the Products in accordance with the Agreement for a fee agreed upon by both parties. Upon satisfaction by Lessee of such conditiQnsLessee shall be entitled to Lessor's interest in the Products, AS IS, WHE IS, WITHOUT WARRANTY OR RECOURSE,, EXPRESS, IMPLIED OR OTHERWISE, BY OR AGAINST LESSO INCLUDING ANY WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT, other than the absence of any liens by, through, or under Lessor, 0[ Lessee S rigrIES aria inieresi in aria LU ME r-Muscis aria air ploceeas Triereal-, IMP d1lu Citedr U1 all bCU111Ly HILCICZ�us, 11ellb �--ICI.Jubrailces %44ptsoever. 7. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert or update the serial numbers of the Produ from time to time as necessary. i Pre de ed identified as copies of the authoritative copy, In the event of inadvertent destruction of the authoritative copy, or �tackup or archive copy, and the restored copy shall become the authoritative copy. At Lessor's option, this electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the authoritative copy of the Document. By signing below, each of the parties hereto agrees to be bound by the terms of the Agreement, this Schedule and t 2ttached Exhibits "A" and Sample Customer RV (Lessee) L tass n By: (Authorized Signature) (Name/Title) (Date) By: (Authorized Signature) (Name/Title) (Date) Page 3 of 3 89 DFS Public LP Schedule DeliFlexOption.08252008 o� u,tcv � o� V s y ,rY c�tit OF CITY / SA / HA / FA MEETING DATE: December 17, 2013 ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 518 AMENDING CHAPTER 12.56 OF THE MUNICIPAL CODE REVISING TRUCK ROUTES WITHIN THE CITY OF LA QUINTA RECOMMENDED ACTION: Adopt Ordinance No. 518 on second reading. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 8 STUDY SESSION: PUBLIC HEARING: • At the December 3, 2013 Council meeting, the City Council unanimously approved a motion to take up and introduce Ordinance No. 518 on first reading, which amends Chapter 12.56 of the Municipal Code. • Exhibit A of the attached Ordinance 518 incorporates all the changes approved by Council. • Ordinance 518 removes Adams Street, Dune Palms Road and Blackhawk Way and adds Highway 111 to the list of approved truck routes in the Municipal Code. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: As required by the Municipal Code, the City Traffic Engineer has recommended, and the City Council has adopted, an Ordinance designating certain City streets as truck routes in order to restrict access by vehicles in excess of three tons to roads that have been designed to accommodate them. Periodically, it is necessary to review these truck routes to determine if they are still appropriate and necessary based on development patterns, location of commercial corridors, and noise psi concerns from abutting properties. Numerous complaints have been received regarding noise generated by passing trucks on Adams Street, Dune Palms Road, and Blackhawk Way. Residents have also expressed concerns about trucks driving on roads that are heavily used by children walking to and from school. There are multiple schools adjacent to these roads such as La Quinta High School, John Glenn Middle School, and Amelia Earhart Elementary School with heavier pedestrian and vehicular traffic at the beginning and ending of the school day that make large truck traffic problematic. The City Traffic Engineer has reviewed these roads and has determined they are no longer appropriate to be designated as truck routes. Since most residential construction has been completed in this area of the City and commercial areas can more easily be accessed through remaining truck routes, staff believes the truck route classification for Adams Street, Dune Palms Road, and Blackhawk Way could be eliminated without impacting home construction or local businesses. The remaining truck routes are major through roads or are on commercial corridors where this designation remains appropriate. The City Traffic Engineer also recommends that Highway 1 1 1 be added to the truck route list since this was not done when the City took ownership from the State. ALTERNATIVES: As Council approved this ordinance at first reading, and it is timely and warranted, staff does not recommend an alternative. Report prepared by: Pam Nieto, Department Secretary Report approved for submission by: Susan Maysels, City Clerk rya ORDINANCE NO. 518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 12.56 OF THE MUNICIPAL CODE WHEREAS, the California Vehicle Code authorizes cities to establish and regulate maximum gross weight limits on streets under its exclusive jurisdiction, and WHEREAS, pursuant to said authority, the City Council established a Truck Route network in 1994 and restricted certain streets to truck use, and WHEREAS, upon review of Section 12.56.011 Truck Routes Designated, staff has determined that certain streets should be removed from the network to prolong service life of the pavement and to enhance the quality of life in the adjacent neighborhoods, and that one new street be added, NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. City of La Quinta Municipal Code Chapter 12.56 is hereby amended as tollows: a) Amend Section 12.56.01 1 Truck Routes Designated, see attached Exhibit "A"; SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 17th day of December, 2013 by the following vote: AYES: NOES: ABSENT: [.*N ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT "A" 12.56.011 Truck Routes Designated. The following streets and portions of streets are designated and established as truck routes: Name of Street Portion Affected Adams icfe t in its thfoagh the City Adams Street e4ffety Airport Boulevard In its entirety through the City Avenida Bermudas Avenue 52 south to Eisenhower Drive Avenue 48 In its entirety through the City Avenue 50 In its entirety through the City Avenue 52 Avenida Bermudas east to City Limits Avenue 54 In its entirety through the City Avenue 58 In its entirety through the City Avenue 60 In its entirety through the City Calle Sinaloa Eisenhower Drive east to Avenida Bermudas Calle Tampico Eisenhower Drive east to Washington Street Eisenhower Drive In its entirety through the City Fred Waring Drive In its entirety through the City Highway 111 In its entirety through the City Jefferson Street In its entirety through the City Madison Street In its entirety through the City Miles Avenue In its entirety through the City Monroe Street In its entirety through the City Washington Street Alest'bb"" a 140 Tl, iye In its entirety through the City 7 tffi , D.fns Road east t6 Adams Ttrcci The City Traffic Engineer shall erect and maintain appropriate signs on those streets affected by this ordinance. Such signs shall be erected at all intersections of truck routes and at all intersections of designated routes within the boundary lines of the city, or the terminus of the route. 117 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 518 which was introduced at a regular meeting on the 3rd day of December 2013, and was adopted at a regular meeting held on the 17th day of December 2013, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 1 5. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on December 18, 2013 pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California CAM OF 9ti CITY / SA / HA / FA MEETING DATE: December 17, 2013 ITEM TITLE: APPROVE A RECIPIENT FOR THE 2014 SENIOR INSPIRATION AWARD PROGRAM RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve Barbara Paumier as the recipient for the 2014 Senior Inspiration Award Program. EXECUTIVE SUMMARY: • The Senior Inspiration Award provides the opportunity to recognize and honor outstanding senior citizens for their volunteer involvement throughout the Coachella Valley. • Each City nominates an individual to be recognized for their volunteerism with the City and/or the Coachella Valley. • Two qualifying nominations were received and the Community Services Commission recommended Ms. Paumier as the recipient of the award. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The City Council is being asked to select one outstanding senior recipient who meets the following criteria: the honoree should be at least 70 years old; reside in or volunteer in La Quinta; demonstrate active involvement in community affairs; and personify a healthy and active attitude and lifestyle. Staff sent out a letter (Attachment 1) to the following organizations: La Quinta Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, La Quinta Arts Foundation, Friends of the La IMA Quinta Senior Center, and Soroptomist International of La Quinta requesting nominees for the 2014 Senior Inspiration Award Program. Two nominations were received: Dick Anderson submitted by the La Quinta Rotary; and Barbara Paumier submitted by Kay Wolff. All nominees met the criteria for the award and a brief synopsis is provided in Attachments 2 and 3. The Senior Inspiration Awards Luncheon will be held on Friday, March 14, 2014 at the JW Marriott Desert Springs in Palm Desert. On December 9, 2013, the Community Services Commission reviewed the applications and recommend Barbara Paumier as the 2014 Senior Inspiration Award recipient. Ms. Paumier has been an active volunteer in the community dedicating a majority of her time to the St. Francis of Assisi Church and Martha's Village and Kitchen. She has tutored at Las Palmitas Elementary School and also distributed books to students in poverty areas of the Valley through First Book, a non-profit organization. ALTERNATIVES: Council may opt to select Dick Anderson as the recipient for the 2014 Senior Inspiration Award Program. Report prepared by: Christina Calderon, Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director Attachments: 1 . Letter requesting nominations 2. Biographical information for Dick Anderson 3. Biographical information for Barbara Paumier ATTACHMENT 1 November 1, 2013 Dear: Since 1992, the County of Riverside and the nine incorporated cities of the Coachella Valley have sponsored the annual Senior Inspiration Awards. Each city selects one recipient (a single man or woman) as their outstanding senior recipient for this event. This year the event will be held on Friday, March 14, 2014 at the JW Marriott Desert Springs in Palm Desert. Please submit one or more names, along with a brief summary (maximum 150 words) on why you chose that person. The following is the criteria: • The honoree should be at least 70 years old or older; • Reside in La Quinta; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; • Personify a healthy, active and contributing attitude and lifestyle. Nomination forms are enclosed for your selections. Please complete one or more and return to Edie Hylton at City Hall, 78-495 Calle Tampico, La Quinta, CA 92253 no later than November 29, 2014. Thank you for your assistance. It is most appreciated. Sincerely, DON ADOLPH, Mayor City of La Quinta Enclosure cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor [44 `[NIt ATTACHMENT 2 2014 Senior Inspiration Awards City Nomination Form Recipient Information Name: Dick Anderson Phone No: Cell 760-799-9623 Home 760 345-4286 Mailing Address: 60445 Juniper Lane, La Quinta CA.92253 Email Address: anderassociate�ol.com Reason for nomination: Dick Anderson was the driving force this year to bring clean water to 4 trailer parks located in Thermal, Mecca and Oasis. These trailer parks will not be on line with Indio Water for many years and have contaminates in the water including arsenic. Dick secured the funds to install water filters in 4 trailer parks. He is still working with agencies to secure more funds for future trailer parks and ongoing servicing. Dick Anderson is also an important part of a program called the Guatemala Literacy Project, which brings badly needed text books and computers to impoverished schools in remote areas of Guatemala. He has been a fund raiser and hands on steward of this project for many years and returns to Guatemala often to help the project. W11 Dick has also secured funds as the grant writer for La Quinta High School scholarships that La Quinta Rotary gives every year to deserving students. Quote from nominating city or organization about the recipient and their volunteer work: Dick Anderson has been a member of Rotary International for over 20 years and is a member of La Quinta Rotary. He is the first to volunteer for any community event La Quinta Rotary supports and other projects in La Quinta. Submitted by: Sandy Stewart President la Quinta Rotary 2013-14 f[+Y' ATTACHMENT 3 2014 Senior Inspiration Awards CITY NOMINATION FORM l t f + Eligible recipients must: • be at least 70 years old • reside and/or volunteer in nominating city • be actively involved in community affairs for a lengthy period of time • deserve to receive recognition and/or may not otherwise receive recognition for their service to the community • personify a healthy, active, and contributing attitude and lifestyle Recipient Information Name: Barbara Paumier Phone number: (760) 564-4558 Mailing address: P.O. Box 1117 Residence: 53-020 Avenida Mendoza Email address: None Reason for nomination: Barbara Paumier (age 82) has had a long relationship with La Quinta. Her parents built a house in the Cove when it was very sparsely populated. After retirement in 1973, she moved to the La Quinta Cove and helped her mother run the family business that produced lettering for athletic apparel. Later, Barbara worked part time with the Capra family, acting as "Girl Friday" for Mrs. Frank Capra over a 20-year period. She has many memories and memorabilia from this tenure with the famous Hollywood director and writer. But it didn't take long until Barbara expanded her work into the community where she has worked with non-profit groups that serve the area's most needy, principally at St. Francis of Assisi Church, First Book, and in Martha's Village and Kitchen, volunteering that continues to this day. Please return nomination form no later than November 29, 2013. Email preferred: ehe lion ,la_ guinta.oM or fax to (760) 777-1231 or mail to: La Quinta Senior Center 78-495 Calle Tampico La Quinta, CA 92253 fNIC? 2014 Senior Inspiration Awards CITY NOMINATION FORM Long before St. Francis church was even a dream, Barbara was part of the Roman Catholic community in La Quinta that would meet at the old Community Center in the Community Park. Father Bluett was pastor there, and Barbara became one -person ladies auxiliary for him and the congregation; did the church bulletin, answered phones, cared for the vestments, banked the Sunday collection, attended to Father's laundry, ran errands and made sure he had food when he was ill. Barbara began her work with Martha's when it operated out of a parish hall and was known as Martha's Kitchen, serving food to needy people. The dream was to open a full -service residence for the homeless across the Valley. She was lured into helping out "just a bit" in organizing the very first golf tournament fundraising event, which has now become an annual affair. The rest, as we say, is history. Although heavily involved in administrative duties, she is always available to work in all aspects of the organization, from the kitchen to leading tour groups to working in the nursery to phoning potential donors for contributions. Barbara was awarded the Regional Access Project's Volunteer Appreciation Award in 2003 for her impact on her community. In 2004 she was awarded the "Sharing God's Blessing Award" for her fundraising and volunteer coordinating activities. In additional to her ongoing volunteering at the church and Martha's Kitchen, Barbara has more recently been a volunteer tutor at Las Palmitas Elementary School in Thermal and the First Book non-profit organization that distributes book to young student in poverty areas of the Valley. Quote from nominating organization ("Old Town Coffee Group") about the recipient: Barbara epitomizes the volunteerism that has made La Quinta a wonderful community. She has labored as hard on behalf of Martha's and other charities as many of us do during our work careers. She is ready to do the most menial to the most sophisticated jobs, and is a role model for all who know her. Please return nomination form no later than November 29, 2013. Email preferred: ehe ltonnla- guinta.oM or fax to (760) 777-1231 or mail to: La Quinta Senior Center 78-495 Calle Tampico La Quinta, CA 92253 T4hf 4 4 a" CITY / SA / HA / FA MEETING DATE: December 17, 2013 ITEM TITLE: APPROVE THE PROGRAM SUPPLEMENTAL AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY 111 AT WASHINGTON STREET INTERSECTION IMPROVEMENTS RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve the Program Supplemental Agreement with the California Department of Transportation for the Highway 111 at Washington Street Intersection Improvements, and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY: • This project entailed additional turn lanes at the intersection of Highway 111 and Washington Street; namely, the addition of left -turn lanes north and south bound as well as dedicated right -turn lanes at three of the four corners. • If approved by City Council, the City will be reimbursed $283,000 through the Program Supplemental Agreement. FISCAL IMPACT: The total anticipated construction cost for the Highway 111 at Washington Street Intersection Improvements is $730,136 of which $283,000 will be reimbursed to the City by State funding via the Program Supplemental Agreement (Attachment 1). Of the remaining construction cost of $447,136, the City will be responsible for $1 1 1 ,784 while the Coachella Valley Association of Governments (CVAG) will be responsible for $335,352 as is standard for approved regional improvements. BACKGROUND/ANALYSIS: The Highway 111 at Washington Street Intersection Improvements, Project No. 201 1-01 , created triple left -turn lanes to north and southbound Washington Street, 11110 dual right -turn lanes at eastbound Highway 1 1 1, and dedicated right -turn lanes to westbound Highway 111 and southbound Washington Street. These improvements, combined with the replacement of the old Caltrans signal controller scheduled for early 2014, will help the intersection meet the City standard for traffic flow through 2025. Construction of the Washington Street at Highway 1 1 1 improvements was substantially complete in December 2013. The contractor is expected to complete any remaining punch list items before the end of December 2013. The Program Supplemental Agreement is the reimbursement agreement between the City and Caltrans, which required the City to administer the project in accordance with State requirements. Since these measures have all been met, staff recommends approval of this agreement so the City can be reimbursed $283,000 of the project construction cost. ALTERNATIVES: No alternative is recommended. Report prepared by: Bryan McKinney, Principal Engineer Report approved for submission by: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Attachment: 1. Program Supplemental Agreement `DIV, ATTACHMENT 1 MA-4-32 0 I-RIM91203MU�2�9 T '. M-1m TTY 711 (916) 654-3883 Fax (916) 654-2408 ffe7r�* - �,$ K! Mr. Tim Jonasson Public Works Director/City Engineer City of La Quinta P.O.Box 1504 La Quinta, CA 92253 wmlmlm�� PUBLIC WORKS File: 08-RIV-0-LQNT SLPPL-5433(013) Enclosed are two originals of the Program Supplement Agreement No. OM26 Rev. 000 to Administering Agency -State Master Agreement No. 00445S Please sign both Program Supplement Agreements and return them to this office, Office of Local Programs - MS1within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. ATTACH YOUR LOCAL AGENCY'S CERTIFIED AUTHORIZING RESOLUTION THAT CLEARLY IDENTIFIES THE PROJECT AND THE OFFICIAL AUTHORIZED TO EXECUTE THE AGREEMENT. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be mailed to you with your copy of the executed agreement. ��=111! =101TIVIVEIM 01111 # __ Sincerely, ,JOHN HOOD, Chief Office of Project Implementation Division of Local Assistance L:GMr$7W__. c: OLP AE Project Files (08) DLAE - Sean Yeung (Acting) PROGRAM SUPPLEMENT NO. M26 to lit 11 '• at" Adv Project ID Date: October 17, 2013 0813000132 Location: 08-RIV-0-LQNT Project Number: SLPPL-5433(013) E.A. Number: Locode: 5433 This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency -State Agreement No. 00445S for State Funded Projects which was entered into between the ADMINISTERING AGENCY the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Intersection of Highway 111 and Washington Street TYPE OF WORK: Intersection Improvements Estimated Cost I State Funds Matching Funds STATE $283,000.00 LOCAL OTHER $566,000.00 $283,000.001 $0.00 CITY OF LA QUINTA STATE OF CALIFORNIA Department of Transportation Title Chief, Office of Project Implementation Division of Local Assistance Date Date - Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: 11� &t2;� Accounting Officer '(41-1, Date . $283,000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT J. Program Supplement 004145S-M26- SERIAL Page I of 4 108 STATE OF CALIFORNIA, DEPARTMENT OFT NSPORTATION PROGRAM SUPPLINENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page 1 of 1 TO. STATE CONTROLLER'S OFFICE DATE PREPARED: PRc)jrzGT NUMBER: Claims Audits 111812013 10813000132 3301 "C" Street, Pan 404 REQUISITION NUMBER / CONTRACT NUMBER: Sacramento, CA 95816 RCIS 081400000254 FROM: Department of Transportation SUBJECT. Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF LA QUINTA $ 283,000.00 PROCUREMENT TYPE: Local Assistance For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 ofTDD (916) -3880 or write ADA NIM0 Records and Forms Management, 1120 IN Street, MS-89, Sacramento, CA 95814. fN U171 This PROJECT is programmed to receive State Proposition 1 B Bond funds from the State and Local Partnership Program (SLPP). This PROJECT will be administered in accordance with the California Transportation Commission (CTC) approved/ad opted SLPP Guidelines, and this Program Supplement Agreement. ADMINISTERING AGENCY agrees to use eligible local matching funds of the type identified in its project application/nomination, for the required dollar for dollar minimum local match to the SLPP funds. ADMINISTERING AGENCY agrees to submit invoices for PROJECT costs in accordance with the Local Assistance Procedures Manual (LAPM). To satisfy the accountability requirements of the Governor's Executive Order # S-02-07, ADMINISTERING AGENCY agrees to: 1) Submit certified Quarterly Progress Reports on the activities, expenditures and progress made towards implementation of the PROJECT. Changes to the scope and budget from the CTC approved project application/nomination shall also be identified in these reports. The certified Quarterly Progress Reports shall be submitted to the Divisior of Local Assistance - Office of Project Delivery & Accountability via the Local Assistance Online Data Input System (LA-ODIS) 2) Submit a certified Final Delivery Report to the CTC, within six months of the PROJECT construction contract being accepted, on the scope of the completed PROJECT, its final costs as compared to the project budget in its project application/nomination, its duration as compared to the project schedule in its application/nomination and performance outcomes derived from the PROJECT as compared to those described in the project application/nomi nation. 2ADMINISTERING AGENCY agrees to submit PROJECT specific award information, using Exhibit 23-A of the LAPG, to the STATE's District Local Assistance Engineer (DLAE) immediately after award of contract, and prior to first invoice submittal. Failure to do so will delay processing invoices for the construction contract. As a minimum, the award information should include the following information: project number, EA number, project description, date funds allocated by the CTC, date project was advertised, bid opening date, award date, award amount, and estimated completion date. 3. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution Ott it 111�+ I L! l:: iffilt 6*2 *01 F-11 IDIOM 4 11 F-11 0 1 &1161 of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGE-tICT' agrees to submit for each phase a written explanation of the absence of PROJECI activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING AGENCY shall not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12) and 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. iffiffil 08,-MV-0-LQNT 10117/2013 SLPPL-5433(013) SPECIAL COVENANTS OR REMARKS These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. c�tit OF T 9� CITY / SA / HA / FA MEETING DATE: December 17, 2013 ITEM TITLE: EXCUSE BOARD MEMBER KURT MORTENSON FROM THE DECEMBER 11, 2013 INVESTMENT ADVISORY BOARD MEETING RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 11 STUDY SESSION: PUBLIC HEARING: Approve a request from Board Member Mortenson to be excused from the December 1 1 , 2013 Investment Advisory Board meeting. BACKGROUND/ANALYSIS: Board Member Mortenson requested to be excused from the December 11 , 2013, Investment Advisory Board meeting due to business related travel. The La Quinta Municipal Code provides that: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent." If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations. ALTERNATIVES: Deny Board Member Mortenson's request to be excused. Denial of the request would result in the absence being counted toward his limitation on absences as noted above. Report prepared by: Robbeyn Bird, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager "K ME AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: December 17, 2013 BUSINESS SESSION: CONSENT CALENDAR: 12 ITEM TITLE: EXCUSE COMMISSIONER PEGGY REDMON'S ABSENCE FROM THE DECEMBER 12, STUDY SESSION: 2013 HISTORIC PRESERVATION COMMISSION SPECIAL MEETING PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Commissioner Peggy Redmon to be excused from the December 12, 2013, Historic Preservation Commission special meeting. BACKGROUND/ANALYSIS: Commissioner Redmon requested to be excused from the December 12, 2013, Historic Preservation Commission special meeting due to a work -related commitment. The Municipal Code does not allow a member to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. A request may be made for Council to excuse a commission member's absence after -the -fact, for extenuating circumstances, and the absence would then not be counted toward the limitation on absences. Commissioner Redmon has had no other absences during this fiscal year and staff recommends this absence be excused by Council. ALTERNATIVES: Deny Commissioner Redmon's request to be excused. Denial of the request would result in the absence being counted toward her limitation on absences as noted above. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager M ffib: Tlihf 444" AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: December 17, 2013 BUSINESS SESSION: CONSENT CALENDAR: 13 ITEM TITLE: EXCUSE COMMISSIONER MARIA RYSER'S ABSENCE FROM THE NOVEMBER 6, 2013 HOUSING STUDY SESSION: COMMISSION SPECIAL MEETING PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Commissioner Maria Ryser to be excused from the November 6, 2013, Housing Commission special meeting. BACKGROUND/ANALYSIS: Commissioner Ryser requested to be excused from the November 6, 2013, Housing Commission special meeting due to Veteran's Day activities (she is the District 22 President of the Veterans of Foreign Wars Ladies Auxiliary 3699). The Municipal Code does not allow a member to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. A request may be made for Council to excuse a commission member's absence after -the -fact, for extenuating circumstances, and the absence would then not be counted toward the limitation on absences. Commissioner Ryser has had no other absences during this fiscal year and staff recommends this absence be excused by Council. ALTERNATIVES: Deny Commissioner Ryser's request to be excused. Denial of the request would result in the absence being counted toward her limitation on absences as noted above. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager "n imp. CITY / SA / HA / FA MEETING DATE: December 17, 2013 ITEM TITLE: INTERVIEWS AND APPOINTMENT OF A RESIDENT TO ONE VACANCY ON THE INVESTMENT ADVISORY BOARD RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: 1 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint one resident to the Investment Advisory Board for a term ending June 30, 2015. EXECUTIVE SUMMARY: • Investment Advisory Board Member Frank Blum recently resigned from the Board leaving a vacancy with an unexpired term ending June 30, 2015. • Three residents submitted applications (Attachment 1) and meet the qualification requirements established in the Municipal Code. BACKGROUND/ANALYSIS: Notices calling for applications were published in The Desert Sun newspaper on October 9 and November 6, 2013, and posted on the City's website. The deadline for application submittal was November 26, 2013. The following residents submitted qualified applications: 1 . Garry Barnes 2. Katherine Godbey 3. Ronald L. Villa The two applicants who were not seated during the July 2013 round of appointments, Mr. Barnes and Mr. Villa, elected to be reconsidered for this vacancy. "R, ALTERNATIVE: Delay appointments and direct staff to continue to accept applications. Report prepared by: Susan Maysels, City Clerk Report approved for submission by: Frank J. Spevacek, City Manager Attachment 1 : Applications `P ATTACHMENT 1 RECEIVED Z013 RON -5 FM I �v Date;6gq -�,l ? L� i i' l CqY CLEF K\`,-) OFFICE CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA INVESTMENT ADVISORY BOARD HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? no Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 121 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLS TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Office Use Only: Background verification:, 122 RECEIVED 1�13 1IOU 18 P11 3 93 CITY Or LA QUI€i'ITA Date: November18,.2013' CITY CLERK'S OFFICE CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA INVESTMENT ADVISORY BOARD NAME: 'Katherine Godbey HOME ADDRESS: 79768 Cas.ille Drive La Quinta, CA 92263 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 702-324-8638 BUSINESS: 760-398-2661 x2240 . EMAIL: kkgodb'ey.@msn.com FAX: ,y BUSINESS ADDRESS: 1.7 T: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Firiarico reotor -Coachella Valley Water District LENGTH OF RESIDENCE IN LA QUINTA: 3 years 2 months HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? no :.. TIN Biographical sketch, including education, work experience, civic involvement and other back- ground, Please be sure to include experiences relevant to duties of the position you seek. i=inan0e-pirectnr,'Coachella Valley Water district, September 2010 to present: Responsible for the financial, Budgetary; purghasjng and investment activiffes of a multi -faceted organiza#ion including delivery afwater Wastewater.and;irrtgation.servlces, storm -water management and groundwater replenishment Current budget af.$319.5 M..and investment portfolio exceeding $460 million. Assistant:Finanpe.{3rerfar, City of North Las Vegas, September 2002 to .tune 2010: Responsible for daily operations of, Fihani;e'Department; Managed and coordinated City, budget process, in excess of $800M_ Inyesiment.pori folio,consisted of $100M in operating cash and $300M.in bond proceeds. C iTJPed„ Public Accountant, inactive. Member, Govemment Finance Officers Association (GFOA), California Society of Municlpal Finance -Officers (CSMF'O) and California Municipal Treasurers Association I eRar .Member, Las, Vegas Area Girl Scout Council-; Girl Scout leader, ten years Boy 6c66t,.Troop;256, inerit,badge counselor and fund-ralsing chair. Proud Mother of Eagie.Scout and Girt Scout Gold Award recipient qq-Chair; 'St. Viator Catholic School Foundation 123 Date: May 12, 2013 1F EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: ......................................... frc involvem(. c-n c» 124 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLS TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Office Use Only: Background verification:_ 125 `Kz: T4hf 4 4 a" AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: December 17, 2013 BUSINESS SESSION: 2 ITEM TITLE: ADOPT A RESOLUTION TO APPROVE A CONSENT CALENDAR: PURCHASE AND SALE AGREEMENT WITH MARVIN INVESTMENTS, INC. FOR THE SALE AND FUTURE STUDY SESSION: DEVELOPMENT OF CERTAIN PROPERTIES LOCATED PUBLIC HEARING: IN THE LA QUINTA VILLAGE RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to enter into a Purchase and Sale Agreement with Marvin Investments, Inc. for the sale and future development of approximately 3.4 acres of vacant land within the La Quinta Village. EXECUTIVE SUMMARY: • The City purchased properties in March 2011 for the purpose of enhancing The Village by combining many smaller parcels into larger parcels that may accommodate the desired development. In addition, dilapidated structures that populated some of these properties were demolished. • Marvin Investments submitted an offer to purchase these properties (3.4 acres of vacant land) in May 2013. The purchase offer included a development proposal that envisions mixed -use, residential, office and retail development. • The property would be sold in three phases. The sale would not occur until the development for each phase was building permit ready. FISCAL IMPACT: The City would receive $1,900,305 in land sale income. The City would also receive future property and sales tax income from the completed development. BACKGROUND/ANALYSIS: During the second quarter of 2011, the City purchased nine parcels of property in the La Quinta Village (Attachment 1). Since then, all structures have been removed from the properties and the nine parcels were combined into three larger parcels to accommodate development. In 2012, the City entered into an 127 agreement with the La Quinta Arts Foundation (LQAF) to allow temporary event parking. The properties were subsequently improved with a gravel surface and post and chain perimeter fencing. Mr. Wells Marvin of Marvin Investments, Inc. approached staff this past May expressing interest in purchasing two of the three properties and presented a development proposal that represents a mixed -use development of retail and multi- family residential. A summary of Mr. Marvin's offer is as follows: • Purchase approximately 3.49 acres at $12.50 per square foot. • Purchase and develop property in three phases. • Sale of property to conclude when building permits are ready for issuance. The development proposal is summarized as follows: • 24,000 square feet of first floor retail or office use. • 72 apartment units located above first floor retail, with most apartment units to have attached garages. • 60 condominium units located in a separate building independent of retail, with underground parking. • All buildings proposed to be three stories. Staff obtained a letter of appraisal for the property earlier this year, which determined the land value to be $12.50 per square foot. Mr. Marvin's offer is consistent with the identified land value. The attached Purchase and Sale Agreement (Attachment 2) embodies the aforementioned terms as well as a general summary of the proposed development. Additionally, the Agreement includes language addressing the current use agreement with the LQAF, identifying that the agreement would be amended to allow for LQAF use until each of the phases is acquired by Marvin Investments. ALTERNATIVES: Council may elect to not enter into a purchase and sale agreement or provide direction to staff regarding any changes to the terms of the purchase and sale agreement. Report prepared by: Les Johnson, Community Development Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Vicinity Map 2. Purchase and Sale Agreement 128 RESOLUTION NO. 2013 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA AND MARVIN INVESTMENTS FOR CERTAIN PROPERTY LOCATED IN THE LA QUINTA VILLAGE WHEREAS, the City desires to see high quality and innovative development in the La Quinta Village that includes a mix of commercial and residential uses; and WHEREAS, such development will improve general pedestrian circulation in the area, which is of prominent interest and focus of the La Quinta Village; and WHEREAS, such development will generate additional commerce and provide as well as promote development in accordance with the goals, policies and programs La Quinta General Plan; and WHEREAS, City staff has negotiated a Purchase Agreement ("Agreement") with Marvin Investments ("Marvin"), "Exhibit A" attached, pursuant the City selling certain real property to Marvin Investments located in the La Quinta Village, identified as Assessor's Parcels 770123011 and 770124010, comprising of approximately 3.49 acres in the amount $12.50 per square foot, pursuant to the terms and conditions set forth in the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: SECTION 1 . That the above recitals are true and correct and incorporated herein. SECTION 2. That the City Council of the City of La Quinta hereby finds and determines that the sale of said property is in the best interests of the citizens of the City of La Quinta. SECTION 3. The Agreement, a copy of which is on file with the City Clerk, is hereby approved. The City Council consents to the City Manager and City Legal Counsel to make any final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the City. M City Council Resolution 2013 — Purchase and Sale Agreement — Marvin Investments, Inc. Adopted: December 17, 2013 Page 2 SECTION 4. The City Council consents to the City Manager to (i) sign such other and further documents, including but not limited to escrow instructions, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 17th day of December, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California `Kit RESOLUTION NO. 2013 — ()/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF LA QUINTA AND MARVIN INVESTMENTS, INC. FOR CERTAIN PROPERTY LOCATED IN THE LA QUINTA VILLAGE WHEREAS, the City of La Quinta ("City") desires to see high quality and innovative development in the La Quinta Village that includes a mix of commercial and residential uses; and WHEREAS, such development will improve general pedestrian circulation in the area, which is of prominent interest and focus of the La Quints Village; and WHEREAS, such development will generate additional commerce and provide as well as promote development in accordance with the goals, policies and programs of the La Quinta General Plan; and WHEREAS, City staff has negotiated an Agreement for Purchase and Sale and Escrow Instructions ("Agreement") with Marvin Investments, Inc. ("Marvin") ("Exhibit A" attached), pursuant to which the City has agreed to sell to Marvin certain real property located in .the La Quinta Village, identified as Assessor's Parcels 770123011 and 770124010, comprising of approximately 3.49 acres, in the amount of $12.50 per square foot, pursuant to the terms and conditions set forth in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: SECTION 1. That the above recitals are true and correct and incorporated herein. SECTION 2. That the City Council of the City of La Quints hereby finds and determines that the sale of said property is in the best interests of the citizens of the City of La Quints. SECTION 3. The Agreement, a copy of which is on file with the City Clerk, is hereby approved. The City Council authorizes and directs the City Manager and City Attorney to make any final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the City. City Council Resolution 2013 - Purchase and Sale Agreement - Marvin Investments, Inc. Adopted: December 17, 2013 Page 2 SECTION 4. The City Council authorizes and directs the City Manager to (i) sign such other and further documents, including but not limited to escrow instructions, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the, City of La Quinta held this 17th day of December, 2013, by the following vote: . AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL). APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California. `KY AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS This AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of , 2013 ("Effective Date"), by and between CITY OF LA QUINTA, a California municipal corporation and charter city ("Seller"), and MARVIN INVESTMENTS, INC., a California corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain unimproved real property located in the "Village" area of the City of La Quinta ("City"), County of Riverside, State of California, commonly identified as 770-123-011 and 770-120-010 (collectively, the "Property"). The Property is depicted in Exhibit "A", which is attached hereto and incorporated herein by this reference. B. Buyer desires to purchase the Property from Seller for purposes of developing thereon a mixed use development generally consisting of (i) approximately twenty-four thousand square feet (24,000 sf) of first floor retail space located in multiple buildings, (ii) seventy-two (72) multi -family residential units located above the first floor retail space, (iii) surface level parking lots, and (iv) an independent building containing sixty (60) multi -family residential units with underground parking (collectively, the "Project"), and Seller desires to sell the Property to Buyer, in three (3) separate phases (each, a "Phase," and collectively, the "Phases"), on the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and the mutual covenants herein contained, the parties hereto agree as follows: 1. PURCHASE PRICE. 1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the purchase price of Twelve Dollars and Fifty Cents ($12.50) per gross square foot of land area (the "Total Purchase Price"). The Total Purchase Price is approximately One Million Nine Hundred Thousand Three Hundred Five Dollars ($1,900,305). 1.2 Payment of Total Purchase Price. A portion of the Total Purchase Price shall be paid in connection with each Phase (each such portion, a "Phase Purchase Price"), in accordance with the following: 1.2.1 Within five (5) days after an "Opening of Escrow," Buyer shall deposit with "Escrow Holder" (as those terms are defined in Section 3.1) in "Good 882/015610-0002 6391171.2 a12/11/13 133 Funds" (as used in this Agreement, the term "Good Funds" shall mean a confirmed wire transfer of immediately available funds, cashier's or certified check drawn on or issued by the office of a financial institution located in Riverside County, or cash) (i) the sum of One Hundred Dollars ($100) (the "Independent Contract Consideration") as consideration for Seller's execution and delivery of this Agreement and Buyer's right to approve or disapprove any Buyer contingencies set forth in this Agreement with respect to each Phase, and (ii) the sum of Ten Thousand Dollars ($10,000) as a good faith deposit (the "Earnest Money Deposit"). In the event an "Escrow" (as that term is defined in Section 3.1) closes, the Independent Contract Consideration and the Earnest Monday Deposit shall each be applicable towards the Phase Purchase Price. In the event an Escrow is terminated and fails to close, for any reason other than Seller's default of the terms hereof, Seller shall promptly return to Escrow Holder, but no later than five (5) business days after said termination, and Escrow Holder shall immediately release to Buyer the Earnest Money Deposit applicable to that Phase (but not any Earnest Money Deposit applicable to an earlier Phase). 1.2.2 On or before 5:00 p.m. on the business day preceding a "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by Escrow Holder in order to close an Escrow on the Closing Date, Buyer shall deposit with Escrow Holder in Good Funds the applicable Phase Purchase Price, less the Independent Contract Consideration and Earnest Money Deposit, and such additional funds as may be required to meet Buyer's portion of the closing costs as hereinafter provided. Each Phase Purchase Price shall be determined based on the actual square footage of the "Parcels" (as that term is defined in Section 2.3 below) that are included in each Phase. The actual square footage of each of the Parcels shall be determined pursuant to the Specific Plan and Entitlement Process described in Section 2.3 below. 2. DUE DILIGENCE. As used herein, the term "Due Diligence Period" shall refer to a period of time to expire upon the date that is ninety (90) days after the Effective Date. Buyer's obligation to consummate the transactions contemplated by this Agreement is subject to and conditioned upon Buyer's approval, deemed approval or waiver of the right to approve of the following contingencies set forth in this Section 2 (collectively, the "Contingencies"): 2.1 Title/Survey. Seller shall deliver to Buyer, at Buyer's expense, within five (5) days after the Effective Date of this Agreement, a preliminary title report prepared by First American Title Insurance Company (the "Title Company"), dated not more than thirty (30) days earlier than the Effective Date describing the state of title of the Property together with copies of all underlying documents (collectively the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property or any portion thereof (the "Survey"), provided it commences to do so within fifteen (15) days after the Effective Date. 2.1.1 Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non- 882/015610-0002 6391171.2 a12/11/13 -2- 134 delinquent real property taxes and assessments. Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer obtains) no later than the date which is fifteen (15) days after the later of (i) Buyer's receipt of the Preliminary Title Report or (ii) Buyer's receipt of the Survey ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report and the Survey may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey. Seller shall have a period of fifteen (15) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report and/or Survey prior to the "Close of Escrow" (as that term is defined in Section 4.1) for the first Phase, or (ii) decline to remove any such title exceptions and/or Survey matters and terminate the Escrow for the first Phase and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election not to remove the objectionable items on the Preliminary Title Report and/or the Survey. If Seller notifies Buyer of its election, or is deemed to have elected, to terminate rather than remove the objectionable items on the Preliminary Title Report and/or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title to the Property subject to such objectionable items without any adjustment to or credit against the Total Purchase Price. 2.1.2 Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement; provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to fifteen (15) days following receipt of notice of such additional exceptions. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Close of Escrow for the first Phase shall be extended for such period as is necessary to allow for that review and response process to be completed. 2.2 Environmental Condition. Buyer shall have access to the Property, as described in this Section 2.2, in order to permit Buyer or its directors, engineers, analysts, officers, employees, agents, contractors, representatives, attorneys or advisors (collectively, the "Buyer Representatives") to investigate the Property. 2.2.1 During the Due Diligence Period, Seller shall permit Buyer and Buyer Representatives, at the sole cost and expense of Buyer, to conduct physical inspections of the Property, including the site work, soil, subsurface soils, drainage, seismic and other geological and topographical matters, location of asbestos, toxic substances, hazardous materials or wastes, if any, and any other investigations as 882/015610-0002 6391171.2 a12/11/13 -3- i19 Buyer deems prudent with respect to the physical condition of the Property in order to determine the Property's suitability for Buyer's intended development. In no event shall Buyer conduct any intrusive testing procedures on the Property without the prior written consent of Seller, which consent shall not be unreasonably withheld. Such investigations may be made by Buyer and/or Buyer Representatives during any normal business hours. Seller shall cooperate to assist Buyer in completing such inspections and special investigations at no cost or expense to Seller. Such inspections and investigations shall be conducted only upon no less than forty-eight (48) hours' notice to Seller and shall be conducted at such times and in such a manner as to minimize any disruption to the Property. Seller shall have the right, but not the obligation, to accompany Buyer during such investigations and/or inspections. 2.2.2 As a condition to any such entry, Buyer shall (i) conduct all work or studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (ii) comply with all applicable laws and governmental regulations; (iii) keep the Property free and clear of all materialmen's liens, lis pendens and other liens arising out of the entry and work performed under this paragraph; (iv) maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the property in the amounts required by the State of California; (v) provide to Seller prior to initial entry a certificate of insurance evidencing that Buyer and/or the persons entering the Property has procured and has in effect an all-risk public liability insurance policy meeting the following requirements: (1) the insurance shall be written on a per occurrence and not claims -made basis; (2) the amount of insurance shall be a combined single limit of not less than Two Million Dollars ($2,000,000.00) with a deductible or self -insured retention amount of not more than One Hundred Thousand Dollars ($100,000); (3) the policy shall name or be endorsed to Seller and Seller's officers, employees, agents, and representatives (collectively, "Seller & Seller Personnel") as additional insureds; (4) the insurance shall not contain any special limitations on the scope of protection afforded to Seller & Seller Personnel; (5) the policy shall not be canceled by the insurer or Buyer unless there is a minimum of thirty (30) days prior written notice to Seller; (6) the insurer shall waive subrogation rights against the Seller & Seller Personnel; and (7) the insurance shall be primary insurance and not contributory with any insurance any of Seller & Seller Personnel may have; and (8) the insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (vi) following Buyer's entry, repair any and all damage to the Property caused by such inspections or investigations in a timely manner. 2.2.3 Buyer shall promptly pay and discharge all demands for payment relating to Buyer's entry on and investigation of the Property and take all other steps to avoid the assertion of claims of lien against the Property. In the event a claim of lien is recorded by reason of Buyer's entry on the Property, Buyer, within twenty (20) days of such recordation, shall either (i) record or deliver a surety bond sufficient to release such claim or lien in accordance with applicable law; or (ii) provide Seller with such other assurance as Seller may require for the payment of the claim or lien. Seller may 882/015610-0002 6391171.2 a12/11/13 -4- MR elect to record and post notices of non -responsibility from time to time on and about the Property. 2.2.4 Prior to expiration of the Due Diligence Period, Buyer shall notify Seller in writing (i) of Buyer's election to terminate the Escrow for the first Phase and this Agreement, if Buyer disapproves of the physical or environmental conditions of the Property and, as a result, does not wish to proceed with purchasing the Property ("Buyer's Property Termination Notice"), or (ii) of any objections Buyer may have (the "Disapproved Property Matters") to any physical or environmental conditions of the Property ("Buyer's Property Objection Notice"). Buyer's approval or disapproval of the physical and environmental conditions of the Property may be granted or withheld in Buyer's sole and absolute discretion. In the event Buyer terminates this Agreement pursuant to this Section, Buyer and Seller shall be relieved of all further liability under this Agreement, except for Buyer's indemnification obligations set forth in this Agreement and any other obligations that expressly survive termination of this Agreement, and except that Seller shall be entitled to the Independent Contract Consideration. Buyer's failure to provide Seller with a Buyer's Property Termination Notice or a Buyer's Property Objection Notice prior to the expiration of the Due Diligence Period shall constitute Buyer's approval of the condition of the Property. If Buyer provides to Seller Buyer's Property Objection Notice, Seller shall have a period of fifteen (15) days after receipt of Buyer's Property Objection Notice in which to deliver written notice to Buyer ("Seller's Response") of Seller's election to either (i) agree to remove the Disapproved Property Matters prior to the Close of Escrow for the first Phase, or (ii) decline to remove the Disapproved Property Matters and terminate the Escrow for the first Phase and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Response within said period shall constitute Seller's election to remove the Disapproved Property Matters prior to the Close of Escrow for the first Phase. If Seller notifies Buyer of its election to terminate rather than remove the Disapproved Property Matters, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Response, to agree to accept the Property subject to the Disapproved Property Matters, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title subject to such Disapproved Property Matters without any adjustment to or credit against the Purchase Price. 2.3 Specific Plan and Entitlements. Within ten (10) days following the expiration of the Due Diligence Period (the "Submission Date"), Buyer shall submit to Seller preliminary designs for the Project for review by Seller's Planning Department. Within sixty (60) days following approval of such preliminary designs, Buyer shall submit final designs for the Project, with all of such designs and related submittals based on Buyer's design and marketing criteria sufficient to allow Seller to review and process a specific plan, one or more parcel maps and other entitlements and permits that divide the Property into three or more parcels (each, a "Parcel," and collectively, the "Parcels") and development phases, as required for the improvement of the Property with the buildings and other improvements that comprise the Project (collectively, the "Specific Plan and Entitlements"). The Specific Plan and Entitlements shall provide for development of one of the surface parking lots on the Parcel located adjacent to the La 882/015610-0002 6391171.2 a12/11/13 -5- 137 Quinta Library (the "Library Parking Lot Parcel"). Buyer's obligation to purchase the Property hereunder is subject to Seller's approval of the Specific Plan and Entitlements on such terms and conditions as are satisfactory to Buyer in its sole discretion within one hundred eighty (180) days after the Submission Date (the "Approval Deadline"). Buyer shall provide written notice to Seller of Buyer's approval or disapproval of the Specific Plan and Entitlements and conditions of approval issued in connection therewith within thirty (30) days after Seller's approval of the Specific Plan and Entitlements. Buyer's failure to provide such written notice shall be deemed Seller's approval of the Specific Plan and Entitlements and conditions of approval issued in connection therewith. If Seller has not approved the Specific Plan and Entitlements for the Property on or before the Approval Deadline, Buyer may, but is not required to, deliver a written notice to Seller of its election to terminate this Agreement. If Buyer (i) delivers such written notice to Seller of its election to terminate this Agreement, or (ii) disapproves the Specific Plan and Entitlements and conditions of approval issued in connection therewith, this Agreement shall terminate, Escrow Holder shall disburse to Buyer the Earnest Money Deposit for the first Phase, and the parties shall have no further rights and obligations to one another, except for Buyer's indemnification obligations set forth in this Agreement and any other obligations that expressly survive termination of this Agreement. The square footage of each Parcel comprising the Property (shall be determined through the Specific Plan and Entitlements process. 2.4 Facility Use Agreement. Seller hereby notifies Buyer that Seller has entered into with the La Quinta Arts Foundation, a California non-profit organization (the "Foundation"), that certain Facility Use Agreement By and Between the La Quinta Arts Foundation and the City of La Quinta dated September 16, 2008, as amended by that certain Amendment No. 1 to Facility Use Agreement with La Quinta Arts Foundation dated September 18, 2012 (as amended, the "Facility Use Agreement"). Pursuant to the Facility Use Agreement, Seller agreed to make the Property and other real property available to the Foundation for parking during certain specified events organized and/or held by the Foundation. Seller may terminate the Facility Use Agreement with respect to all or portions of the Property upon providing a 360-day written notice thereof to the Foundation. Buyer acknowledges and agrees that Seller intends to provide written termination notices to Foundation as follows: (i) with respect to the Parcels comprising the first Phase, within thirty (30) days following the expiration of the Due Diligence Period; (ii) with respect to the Parcels comprising the second Phase, within thirty (30) days following the Close of Escrow for the first Phase; and (iii) with respect to the Parcels comprising the third Phase, within thirty (30) days following the Close of Escrow for the second Phase. 3. ESCROW. 3.1 Opening of Escrow. Closing of the sale of the Parcels comprising each Phase shall take place through an escrow ("Escrow") to be established within three (3) business days after (i) the Effective Date, for the first Phase, and (ii) the date of the Close of Escrow for the immediately preceding Phase, for the second Phase and third Phase, with First American Title Insurance Company, at its office located at 74770 Highway 111, Suite 101 Indian Wells, California 92210 ("Escrow Holder"). The 882/015610-0002 6391171.2 a12/11/13 -6- 138 opening of each Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder accompanied by a written notification by Seller and Buyer of whether the Escrow is for the first Phase, the second Phase, or the third Phase. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of each Opening of Escrow. 3.2 Escrow Instructions. This Agreement, once deposited in an Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder with respect to the applicable Phase. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 4. CLOSE OF ESCROW 4.1 Close of Escrow; Outside Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) for a Phase have been satisfied (or waived by the appropriate party) prior to or on the "Outside Closing Date," (as hereinafter defined) the closing for the sale and purchase of the Parcels comprising the Phase shall take place on the date which is thirty (30) days after the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party) with respect to the applicable Phase; provided, however, in no event shall the closing of a Phase occur, if at all, later than the date that is two (2) years after (i) the Effective Date, for the first Phase, and (ii) the Closing Date for the immediately preceding Phase, for Phase 2 and Phase 3 ("Outside Closing Date"). The terms "Close of Escrow" and the "Closing Date" are used herein to mean the time Seller's grant deed conveying fee title to the Parcels comprising a Phase to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If any Escrow is not in a condition to close by the Outside Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and said Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and said Escrow, Escrow Holder shall close the Escrow as soon as possible. 4.2 Recordation; Release of Funds and Documents. 4.2.1 Escrow Holder is directed, on the Closing Date for a Phase, to record in the Official Records, the following documents in the order listed: (i) a grant deed substantially in the form of the attached Exhibit "B" transferring title to the Parcels comprising the Phase to Buyer ("Grant Deed"); (ii) for the Phase that includes the Library Parking Lot Parcel, an easement deed or other recordable document in a form acceptable to the La Quinta City Attorney that provides members of the public with the right, in perpetuity to access and use the parking stalls located on the Library Parking 882/015610-0002 6391171.2 a12/11/13 -7- MR Lot Parcel in accordance with reasonable rules and regulations posted by Buyer and applicable thereto (the "Parking Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 4.2.2 Upon each Closing Date, Escrow Holder shall deliver (i) the applicable Phase Purchase Price, less any of Seller's closing costs, to Seller, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 4.3 Escrow Cancellation Charges. If an Escrow does not close due to a default by one of the parties, the defaulting party shall bear all "Escrow Cancellation Charges" (as that term is defined below). If a Close of Escrow does not occur for any reason other than the default of a party, then Buyer and Seller shall each pay fifty percent (50%) of any Escrow Cancellation Charges. As used herein, "Escrow Cancellation Charges" means all fees, charges and expenses incurred by Escrow Holder or third parties engaged by Escrow Holder, as well as all expenses related to the services of the Title Company in connection with the issuance of the Preliminary Title Report and other title matters. 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date for a Phase, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the applicable Phase Purchase Price, less the Independent Contract Consideration and Earnest Money Deposit; (b) the Parking Deed, executed, with signature acknowledged, by Buyer; and (c) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 5.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (a) the executed and acknowledged Grant Deed for the applicable Phase; (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 882/015610-0002 6391171.2 a12/11/13 -8- 140 6. TITLE INSURANCE POLICY. 6.1 Title Policy. At the Closing Date for a Phase, the Title Company, as insurer, shall issue an ALTA extended coverage owner's policy of title insurance (a "Phase Title Policy"), in favor of Buyer, as insured, with liability in the amount of the applicable Phase Purchase Price, subject to the following: (a) non -delinquent real property taxes and assessments; (b) title exceptions approved or deemed approved by Buyer pursuant to Section 2.2 above; (c) title exceptions, if any, resulting from Buyer's entry onto the Property pursuant to the provisions of Section 2.3 above; (d) any other exceptions approved by Buyer; and (e) the standard printed conditions and exceptions contained in the ALTA extended coverage owner's policy of title insurance regularly issued by the Title Company. 6.2 Payment for Phase Title Policy. Seller shall be responsible for the costs for a standard ALTA owner's policy of title insurance. Buyer shall be responsible for all other costs for each Phase Title Policy, including, without limitation, the additional costs for an extended ALTA owner's policy of title insurance, plus any title endorsements requested by Buyer. Buyer shall also pay for the ALTA survey, if applicable. 7. REAL PROPERTY TAXES. Buyer acknowledges that due to Seller's status as a public entity, during the pendency of Seller's ownership, the Property has been exempt from the payment of property taxes and assessments. After the Closing of a Phase, Buyer shall be responsible for paying for all property taxes or assessments assessed against the Parcels comprising the Phase for any period after the Closing. 8. CONDITIONS PRECEDENT TO CLOSING. 8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Parcels comprising a Phase and close the Escrow for the Phase shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively "Buyer's Conditions to Closing"): (a) Seller shall have approved the Specific Plan and Entitlements with conditions reasonably acceptable to Buyer (applicable to Closing for first Phase only); (b) Buyer shall have approved the condition of the title to the Property, in accordance with Section 2.2 hereof (applicable to Closing for first Phase only); 882/015610-0002 6391171.2 a12/11/13 -9- MI (c) Buyer shall have approved the condition of the Property, in accordance with Section 2.3 hereof (applicable to Closing for first Phase only); (d) Seller shall have terminated the Facility Use Agreement with respect to the Parcels comprising the Phase, and the Foundation shall have ceased any and all use of said Parcels; (e) on the Closing Date for a Phase, the Title Company shall be irrevocably committed to issue the applicable Phase Title Policy pursuant to Section 6 above insuring fee title to the Parcels comprising the Phase as being vested in Buyer; (f) Escrow Holder holds all instruments and funds required for the Close of Escrow for the Phase and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (g) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (h) Seller is not in material default of any term or condition of this Agreement In the event that any of Buyer's Conditions to Closing are not satisfied, or waived in a writing signed by Buyer, prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. In the event of such termination, neither party shall thereafter have any obligations to, or rights against, the other under this Agreement, except for any obligations that expressly survive the termination of this Agreement. 8.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the applicable Phase Purchase Price and all other instruments and funds required for the Closing for the Phase and will deliver to Seller the instruments and funds, including but not limited to the applicable Phase Purchase Price (less Seller's closing costs), accruing to Seller pursuant to this Agreement; (b) Seller has executed and deposited into Escrow the Parking Deed; (c) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date for the Phase as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date for the Phase; 882/015610-0002 6391171.2 a12/11/13 -1 0- `P (d) Buyer has obtained all necessary approval and permits, including, without limitation, the Specific Plan and Entitlements, and building permits, to develop the Parcels comprising the Phase with the portion of the Project designated to be developed on said Parcels; (e) There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the Buyer that would materially and adversely affect the Buyer's ability to unconditionally perform its obligations under this Agreement; and (f) Buyer shall have delivered the funds required hereunder and all of the documents to be executed by Buyer set forth in Section 5.1 and shall not be in default under this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, or waived in a writing signed by Seller, prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. In the event of such termination, neither party shall thereafter have any obligations to, or rights against, the other under this Agreement, except for any obligations that expressly survive the termination of this Agreement. 9. POSSESSION. Possession of the Parcels comprising a Phase shall be delivered by Seller to Buyer on the Closing Date for the Phase. 10. ALLOCATION OF COSTS. 10.1 Buyer's Costs. Buyer shall pay the following costs in connection with the Closing for each Phase: (a) fifty percent (50%) of Escrow Holder's escrow fee; (b) Buyer's own attorney's fees incurred in connection with this Agreement and the transactions contemplated hereby; (c) Any documentary transfer taxes associated with the conveyance; (d) All of the charges for recording the Grant Deed, if any; and (e) the additional costs for an extended ALTA owner's policy of title insurance, plus any title endorsements requested by Buyer. 10.2 Seller's Costs. Seller shall pay the following costs in connection with the Closing for each Phase: 882/015610-0002 6391171.2 a12/11/13 (a) fifty percent (50%) of the Escrow Holder's escrow fee; -11- 143 (b) Seller's own attorney's fees in connection with this Agreement and the transactions contemplated hereby; (c) the costs for a standard ALTA owner's policy of title insurance. 11. REPRESENTATIONS AND WARRANTIES. 11.1 Buyer's Representations, Warranties and Covenants. Buyer hereby makes the following representations and warranties to Seller, each of which is true in all respects as of the date hereof and shall be true in all respects on the Closing Date for each Phase: 11.1.1 Buyer is duly organized and existing. 11.1.2 Buyer has the legal power, right, and authority to execute, deliver and perform Buyer's obligations under this Agreement and the documents executed and delivered by Buyer pursuant hereto. 11.1.3 All requisite action (corporate, trust, partnership, or otherwise) has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein and the consummation of the transactions contemplated hereby. No consent is required which has not been obtained to permit Buyer to enter into this Agreement and consummate the transaction hereby. 11.1.4 The entering into this Agreement does not violate any provision of any other agreement to which Buyer is bound. 11.2 Seller's Representations and Warranties. Seller hereby makes the following representations and warranties to Buyer, each of which is true in all respects as of the date hereof and shall be true in all respects on the Closing Date for each Phase: 11.2.1 Seller is duly organized and existing. 11.2.2 Seller has the legal power, right, and authority to execute, deliver and perform Seller's obligations under this Agreement and the documents executed and delivered by Seller pursuant hereto. 11.2.3 All requisite action has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein and the consummation of the transactions contemplated hereby. No consent is required which has not been obtained to permit Seller to enter into this Agreement and consummate the transactions contemplated hereby. 11.2.4 To Seller's actual knowledge, the entering into this Agreement does not violate any provision of any other agreement to which Seller is bound. 882/015610-0002 6391171.2 a12/11/13 -1 2- 144 11.2.5 To Seller's actual knowledge, there is no pending or threatened litigation, lawsuit or administrative proceeding which would adversely affect the Property. 11.2.6 To Seller's actual knowledge, with the exception of the Facility Use Agreement, there are no contracts or leases affecting the Property and no agreements entered into, by or under Seller which shall survive the Close of Escrow for the first Phase. 11.2.7 Seller has no knowledge of the presence of any Hazardous Materials on the Property, or any portion thereof, and Seller has not been advised or notified by any third parties, prior owners of the Property, or any federal, state or local governmental agency, of the presence of any Hazardous Materials on the Property. Throughout this Agreement, terms such as "to Seller's actual knowledge," "Seller has no actual knowledge," or like phrases mean the actual present and conscious awareness or knowledge, without a duty to inquire or investigate, of the City Manager of the City of La Quinta, or the Planning Director of the City of La Quinta. In the event Seller becomes aware of a change in circumstance during the term of the Escrow for a Phase which would cause any of the representations or warranties of Seller under this Section 11 to be untrue, Seller shall advise Buyer of such change in circumstance in writing within five (5) business days from Seller's discovery thereof. Buyer shall then have fifteen (15) business days from receipt of such notice from Seller to deliver written notice to Seller of Buyer's election to either (i) terminate this Agreement, or (ii) waive objection to such change in circumstance and to accept title to the Parcels comprising the Phase subject to such change in circumstance. Buyer's failure to notify Seller in writing within said fifteen (15) business day period shall conclusively be deemed Buyer's election to waive objection to such change in circumstance and to proceed to close this Escrow for the Phase subject to such change in circumstance. It is understood and agreed that with the exception of the limited representations expressly set forth in this Section 11, Seller has not at any time made and is not now making, and Seller specifically disclaims, any warranties or representations of any kind or character, express or implied, with respect to the Property, or any improvements thereon, including, but not limited to, warranties or representations as to (a) matters of title, (b) environmental matters relating to the Property or any portion thereof, including, without limitation, the existence or lack thereof of Hazardous Materials (as defined below) in, on, under or in the vicinity of the Property, or migrating to or from the Property, either in soil, vapors or surface water or groundwater, (c) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water, and geologic faults and the resulting damage of past and/or future faulting, (d) whether, and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, wetlands, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil conditions, including the existence 882/015610-0002 6391171.2 a12/11/13 -1 3- M of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any undershoring, (g) the presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or building entitlements to which the Property or any portion thereof may be subject, (i) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric, (j) the permitted uses and restrictions on uses on the Property, (k) usages of adjoining property, (1) access to the Property or any portion thereof, (m) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, suitability, structural integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (n) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning ordinances, codes or other similar laws, (o) the existence or non-existence of underground storage tanks, surface impoundments, or landfills, (p) the merchantability of the Property or fitness of the Property for any particular purpose, (q) tax consequences, or (r) any other matter or thing with respect to the Property. Buyer acknowledges and agrees that Seller is selling and conveying to Buyer, the Property, "AS IS, WHERE IS, WITH ALL FAULTS," and that with the exception of the limited representations expressly set forth in this Section 11 Buyer has not relied on and will not rely on, and Seller has not made and is not liable for or bound by, any express or implied warranties, guarantees, statements, representations or information pertaining to the Property or relating thereto, made or furnished by Seller or any real estate broker, agent or third party representing or purporting to represent Seller, to whomever made or given, directly or indirectly, orally or in writing. Buyer represents that it is a knowledgeable, experienced and sophisticated purchaser of real estate, and that Buyer is relying solely on its own expertise and that of Buyer's consultants and representatives in purchasing the Property, and shall make an independent verification of the accuracy of any documents and information provided by Seller. Buyer will conduct such inspections and investigations of the Property as Buyer deems necessary, including, but not limited to, the physical and environmental conditions thereof, and shall rely solely upon the same. By failing to terminate this Agreement prior to the expiration of the Due Diligence Period, Buyer acknowledges that Seller has afforded Buyer a full opportunity to conduct all such investigations of the Property as Buyer deemed necessary to satisfy itself as to the condition of the Property and the existence or non- existence or removal or remediation action to be taken with respect to any Hazardous Materials in, on, within or migrating to or from the Property, and that Buyer will rely solely upon the same and not upon any information provided by or on behalf of Seller or its agents or employees with respect thereto. Upon Closing for each Phase, Buyer shall assume the risk with respect to the Parcels comprising that Phase, that adverse matters, including, but not limited to, adverse physical or construction defects, or adverse environmental or health and safety conditions, may not have been revealed by Buyer's inspections, assessments, investigations, and/or testing. BUYER'S INITIALS: 882/015610-0002 6391171.2 a12/11/13 -14- f[IV' Buyer hereby acknowledges that it will have had full opportunity to investigate, assess, test, and inspect the Property during the Due Diligence Period, and during such period, to observe the physical and environmental characteristics and existing conditions, including but not limited to, the opportunity to conduct such investigation, assessment, testing, monitoring and study on and of the Property and of adjacent areas, as Buyer deems necessary, in accordance with law. Buyer, therefore, individually and collectively, for itself and its members, partners, officers, directors, employees, agents, successors, assigns, and all entities related to any of the foregoing, and on behalf of all persons claiming any interest in the Property or this Agreement, including but not limited to any and all future owners, lessees, and/or operators, of the Property and their successors, hereby expressly waives, releases, discharges and forever relinquishes any and all claims, rights of action, causes of action, rights and/or remedies Buyer has or hereafter may have, whether known or unknown, fixed or contingent, against Seller and Seller's members, officers, officials, attorneys, employees, representatives, and agents (a) regarding any matters affecting the Property and any condition of the Property whatsoever; and (b) regarding: (i) the existence or potential existence of any Hazardous Materials in, on, under, within or migrating to or from the Property, either in soil, vapor, surface water or groundwater, and (ii) any violations or alleged violations of any Environmental Laws regarding the Property. BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BUYER ACKNOWLEDGES AND AGREES THAT IT MAY HEREAFTER DISCOVER FACTS OR LAW DIFFERENT FROM OR IN ADDITION TO THOSE WHICH IT NOW BELIEVES TO BE TRUE WITH RESPECT TO THE RELEASE OF CLAIMS. BUYER ACKNOWLEDGES AND AGREES THAT THE RELEASE IT IS PROVIDING SHALL REMAIN EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING SUCH DIFFERENT OR ADDITIONAL FACTS OR LAW OR ANY PARTIES' DISCOVERY THEREOF. BUYER SHALL NOT BE ENTITLED TO ANY RELIEF IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR ANY RIGHT OR CLAIM TO SET ASIDE OR RESCIND THIS AGREEMENT. BY INITIALING BELOW, BUYER HEREBY WAIVES AND RELEASES ANY AND ALL RIGHTS PROVIDED UNDER THE PROVISIONS OF SECTION 1542 AND ALL SIMILAR OR RELATED STATUTES 882/015610-0002 6391171.2 a12/11/13 -1 5- 147 THERETO, IN CONNECTION WITH THESE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES: BUYER'S INITIALS: Buyer acknowledges and agrees that the disclaimers, waivers and releases along with the other agreements set forth in this section 11, are all an integral part of this Agreement, and Seller would not have agreed to enter into this Agreement without such terms, and that all such terms shall survive the Close of Escrow for each Phase. As used in this Agreement, the term "Hazardous Material(s)" includes, without limitation, any hazardous or toxic material, substance, irritant, chemical, or waste, including without limitation (a) any material defined, classified, designated, listed or otherwise considered under any Environmental Law, including, without limitation, as defined in California Health & Safety Code Section 25260, as a "hazardous waste," "hazardous substance," "hazardous material," "extremely hazardous waste," "acutely hazardous waste," "radioactive waste," "biohazardous waste," "pollutant," "toxic pollutant," "contaminant," "restricted hazardous waste," "infectious waste," "toxic substance," or any other term or expression intended to define, list, regulate or classify substances by reason of properties harmful to health, safety or the indoor or outdoor environment, (b) any material, substance or waste which is toxic, ignitable, corrosive, reactive, explosive, flammable, infectious, radioactive, carcinogenic or mutagenic, and which is or becomes regulated by any local governmental authority, any agency of the State of California or any agency of the United States Government, (c) asbestos, and asbestos containing material, (d) oil, petroleum, petroleum based products and petroleum additives and derived substances, (e) urea formaldehyde foam insulation, (f) polychlorinated biphenyls (PCBs), (g) freon and other chlorofluorocarbons, (h) any drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal resources, (i) mold, fungi, viruses or bacterial matter, and (j) lead -based paint. For the purposes of this Agreement, the term "Environmental Laws" means any and all federal, state and local laws, statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, assessment, investigation, study, monitoring, removal, remediation, cleanup, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the following statutes and their underlying regulations, as they have been amended from time to time, and the following referenced common laws: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq. ), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et sec..), the Clean Air Act (42 U.S.C. § 7401 et sec..), the Toxic Substances Control Act (15 U.S.C. § 2601 et sec..), 882/015610-0002 6391171.2 a12/11/13 -1 6- 148 the Oil Pollution Act (33 U.S.C. § 2701 et sec..), the Emergency Planning and Community Right -to -Know Act (42 U.S.C. § 11001 et sec..), the Porter -Cologne Water Quality Control Act (Cal. Wat. Code § 13000 et sec..), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et sec..), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 — Cal. Health & Safety Code § 25249.5 et sec..), the California Hazardous Waste Control Law (Cal. Health & Safety Code § 25100 et sec..), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et sec..), the Carpenter -Presley -Tanner Hazardous Substances Account Act (California Health and Safety Code, Section 25300 et sec..), the California Underground Storage of Hazardous Substances Laws (Chapter 6.7 of Division 20 of the Cal. Health and Safety Code, §25280 et sec..) and the California common laws of nuisance, trespass, waste and ultra -hazardous activity. 12. CONDEMNATION. In the event that, prior to the Close of Escrow for a Phase, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Parcels comprising that Phase, Buyer and Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement and following such meeting either Buyer or Seller may terminate this Agreement. 13. RISK OF PHYSICAL LOSS. Risk of physical loss to the Parcels comprising a Phase shall be borne by Seller prior to the Close of Escrow for that Phase and by Buyer thereafter. In the event that said Parcels shall be damaged by fire, flood, earthquake or other casualty Buyer shall have the option to terminate this Agreement, provided notice of such termination is delivered to Seller within fifteen (15) business days following the date Buyer learns of the occurrence of such casualty. If Buyer fails to terminate this Agreement pursuant to the foregoing sentence within said fifteen (15) business day period, Buyer shall complete the acquisition of the Parcels comprising the Phase, in which case Seller shall assign to Buyer the interest of Seller in all insurance proceeds relating to such damage. Seller shall consult with Buyer regarding any proposed settlement with the insurer and Buyer shall have the reasonable right of approval thereof. Seller shall hold such proceeds until the Close of Escrow for the Phase. In the event this Agreement is terminated for any reason, Buyer shall have no right to any insurance proceeds. 14. WAIVER OF DAMAGES; SPECIFIC PERFORMANCE. In the event a party defaults under this Agreement, the non -defaulting party's sole and exclusive remedy will be for specific performance of this Agreement. EACH PARTY HEREBY WAIVES ANY RIGHT TO PURSUE DAMAGES RESULTING FROM A DEFAULT OR BREACH OF THIS AGREEMENT, AND IN NO EVENT SHALL THE DEFAULTING PARTY BE LIABLE FOR DAMAGES FOR A DEFAULT OR BREACH OF DEFAULTING PARTY'S OBLIGATION UNDER THIS AGREEMENT, ALL OF WHICH RIGHTS ARE HEREBY WAIVED AND RELINQUISHED BY THE NON -DEFAULTING PARTY. The parties agree that the foregoing limitation on their respective remedies and measure of damages is reasonable under all of the circumstances of this Agreement, and is 882/015610-0002 6391171.2 a12/11/13 -1 7- iE1% material consideration for the parties entering into this Agreement. Seller's Initials Buyer's Initials 15. MISCELLANEOUS. 15.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 15.2 Choice of Laws. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law without regard to conflict of law principles. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 15.3 Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or an Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 15.4 Notices. All notices under this Agreement shall be effective (i) upon personal delivery, (ii) upon delivery by reputable overnight courier that provides a receipt with the date and time of delivery, or (iii) three (3) business days after deposit in the United States mail, registered or certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: 882/015610-0002 6391171.2 a12/11/13 To Buyer: Marvin Investments, Inc. 78010 Main Street, #201 La Quinta, CA 92253 Phone No.: 650-492-1762 Attention: Wells Marvin Slovak Baron Emprey Murphy & Pinkney LLP Copy to: 1800 E. Tahquitz Canyon Way Palm Springs, CA 92262 Phone No.: 760-322-2275 Attention: Marc E. Empey, Esq. sm Wit To Seller: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7031 Attention: City Manager Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92628-1950 Phone No.: (714) 641-5100 Attention: M. Katherine Jenson, Esq. 15.5 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 15.6 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 15.7 Nonliability of Seller Officials. No officer, official, member, employee, agent, or representative of Seller shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 15.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 15.9 Survival. This Agreement and all covenants to be performed after the Closing Date for a Phase, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date for the Phase and shall remain a binding contract between the parties hereto. 15.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 15.11 Waiver. A waiver of a provision hereof shall be effective only if said waiver is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any future breach or default unless expressly provided herein or in the waiver. 15.12 Broker's/Consulting Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any real estate broker to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted 882/015610-0002 6391171.2 a12/11/13 -1 9- W11 by any individual or entity for any broker's commission in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission. 15.13 No Withholding Because Non -Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow for each Phase will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer on or before the Close of Escrow a Certificate of Non -foreign Status on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the regulations promulgated thereunder and a California Form 593-C. 15.14 Counterparts. This Agreement may be executed in any number of counterparts, all of which shall be of equal legal force and effect. 15.15 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15.16 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Depiction of Property Exhibit "B" Grant Deed Exhibit "C" Certificate of Non -Foreign Status 15.17 Covenants of Seller. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date for each Phase: (a) Seller shall maintain the Parcels comprising the Phase in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear); (b) Seller shall not convey, grant, lease, rent, license, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Parcels comprising the Phase or any interest therein; (c) Seller shall not alter the physical condition of the Parcels comprising the Phase or introduce or release, or permit the introduction or release, of any Hazardous Material in, from, under, or on the Parcels comprising the Phase; (d) Prior to the Closing Date for a Phase, Seller shall maintain Seller's existing insurance on the Parcels comprising the Phase. 882/015610-0002 6391171.2 a12/11/13 -20- iW 15.18 Covenant Against Discrimination. Buyer covenants that in its performance of this Agreement it shall not discriminate against any person or group of persons on account of any impermissible classification including but not limited to race, color, creed, gender, religion, marital status, national origin, or ancestry. 15.19 Entire Agreement. Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. 15.20 Facsimile Signatures. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 882/015610-0002 6391171.2 a12/11/13 [SIGNATURES ON NEXT PAGE] -21- 153 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. "Seller" CITY OF LA QUINTA, a California municipal corporation and charter city Date: , 2013 By: ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: M. Katherine Jenson, City Attorney Date: , 2013 Name: Frank J. Spevacek Its: City Manager "Buyer" MARVIN INVESTMENTS, INC., a California corporation Bv: Name: Wells Marvin Its: President First American Title Insurance Company agrees to act as Escrow Holder in accordance with the terms of this Agreement. Date: 882/015610-0002 6391171.2 a12/11/13 , 2013 FIRST AMERICAN TITLE INSURANCE COMPANY Bv: -22- Name: Kelly Collier 154 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [SEE FOLLOWING PAGE] 882/015610-0002 6391171.2 a12/11/13 EXHIBIT A M Parce141770I24UI091 LXMlalT-.%.- PARCUt %Pl: RC E K No- N)l 1 -104 PAR( V.I. 4 0� AS. rl�. - - '.. - 1. -�-.!LN -L) — OF J)B F W I CL! 14 1 R V.: i L N r r N u -L. iN vri: -A q: P� I % N TY( IF K1VHR4LI)L w IA 1 F c OF i A I I F k Pk�l.k -%, %.I 1k P Rl. CL)CU)W[) IN Bk X I K — I-L%.' N - R[ CQF [)`r L)F Rr F. R�[Dz: r, 01 N f)'- � AL I f 4 -R ,A] 1) . 4 o i y --s PP_L I[ kC, r F) ji t p L k i ,-! zeri'R RECOR lj-- 13 2,1 c, I , r Al E% !, Lr Rk, ti!p\ E N(l '5-L-N: S MD N1 ' :-1461 i) P-M] I 0.)NT %lNJNLj jLKJ- - I I i - t 9 ' A( MOw IA LP;5 I fir JONA'f lJF&CRJPT!()S BF.IN(, �Ilfflh WI FR IL H FAMBI'l 'W AND PERI-m Mi= INO M U)L- A PAR I HEREOF. }I- BJLC F TP)A-.: L 4 A j I �. RJrjH OF' -LAYS :LND 1-.AM:.VfNT� OF mY. 11 1l Parce 14177012-3 0114n 1,1,lfllltj - %, 1, % W 1,1 %1 v R0, R N.. 261 I-W P -LK4 11. % r L j) .1 i R r d+ i R v i -,4 :N, 3 iu k Ali N r Y 11 Ft I k I R -A..,j % . -J iQ k k: I I - I<\ I 1, .l4 l'i R %.!A it;)p !jA K I K p kq .1 4d I RII kIRI N 4 NP 411 P k�l I 1'.1\t, IIH kL I I I k i PI , k I I P L 4 o i I oA !t) lilli I k,: li Ft k -ii k i I A M %, k , 14 E,, I( I % I kk t 5E 1 o M kRI I I I 1 v.-4.. It lkpp 14 t kJ R I I k 'I[; J% IITlr I J U 1, IR i I K I I .-- I ! 1 IIH •1. 11 1 4 H% I H -' L Nq I K! %,q I tiI h .j lii f 'L: f 1[4 2 p, l'4 E Fri til+Ik[;IRklEifl 3! %.j 14 pL, it I I I )1 1) 1 1 Itk I -j jks I", It LA! 11 \4 +4 4 {- A I I Ill I if I SI R; CR OR I P• i r ri F -. . p i, kc E [ 001— WIM. e4.: -4 NQ k k.- ! J- I I t M kk pr -P] 4 62. 1 i w,. IF[- r-i M 1(11'31,-\ IL'I'lL, 1111 %:1 V H, III Mum r 'IL' % r p P ri P3 11) E41 J M . V A L Pt k ' ILFE I I Ii ki L -1 •k Eqf 4 1 14 t %I I 1 4 ON k,. kj. di I , P-4 ..4 L) s L%,l o .,L�; 111 %, I f 7; 1 882/015610-0002 6391171.2 a12/1 1/13 -1- k -- , Q*k : 4 .. .... 34L lfl Mi i WV EXHIBIT "B" FORM OF GRANT DEED [SEE FOLLOWING PAGES] 882/015610-0002 6391171.2 a12/11/13 EXHIBIT B 157 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: MARVIN INVESTMENTS, INC. 70810 Main Street #201 La Quinta, California 92253 Attn: Wells Marvin SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 27383) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF LA QUINTA, a California municipal corporation and charter city (the "Grantor"), hereby grants to MARVIN INVESTMENTS, INC. (the "Grantee"), that certain real property ("Property") located in the City of La Quinta, County of Riverside, State of California, described in the legal description attached hereto as Attachment No. 1 and incorporated herein by this reference, subject to the following non- discrimination covenants and all matters of record: Grantee 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 any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Grantee, 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 of the Property, or any part thereof. The foregoing covenants shall run with the land. Grantee agrees for itself and any successor in interest that Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin 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 any basis listed in 882/015610-0002 6391171.2 a12/11/13 158 subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any 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 premises 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: "That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, 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, sublessees, 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 any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any 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 premises herein conveyed. Notwithstanding the forgoing, with respect to familial status, the forgoing shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. The foregoing covenants shall run with the land." The foregoing nondiscrimination covenants shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Grantor and Grantor's successors and assigns, and any successor in interest to the Property and shall remain in effect in perpetuity. 882/015610-0002 6391171.2 a12/11/13 W, ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: . M Katherine Jenson, City Attorney 882/015610-0002 6391171.2 a12/11/13 "Grantor" CITY OF LA QUINTA, a California municipal corporation and charter city Name: Frank J. Spevacek Its: City Manager "Grantee" MARVIN INVESTMENTS, INC., a California corporation : -3- Name: Wells Marvin Its: President `Pit State of California County of Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. State of California County of Riverside On , before me, (Seal) (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 882/015610-0002 6391171.2 a12/11/13 M (Seal) fF'Yd ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land situated in the City of La Quinta, in the County of Riverside, State of California, described as follows: 882/015610-0002 6391171.2 a12/11/13 gall i" EXHIBIT "C" CERTIFICATE OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest in CITY OF LA QUINTA, a California municipal corporation and charter city ("Seller"), the undersigned hereby certifies the following on behalf of the Seller: 1. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Seller's U.S. employer identification number is ;and 3. Seller's office address is Seller understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. I further declare that I have authority to sign this document on behalf of Seller. Date: 2013 "Seller" CITY OF LA QUINTA, a California municipal corporation and charter city By: Name: Its: 882/015610-0002 6391171.2 a12/11/13 EXHIBIT C 163 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS by and between CITY OF LA QUINTA ("SELLER") and MARVIN INVESTMENTS, INC. ("BUYER") 882/015610-0002 6391171.2 a12/11/13 164 TABLE OF CONTENTS Paqe 1. PURCHASE PRICE............................................................................................1 1.1 Amount....................................................................................................1 1.2 Payment of Total Purchase Price............................................................1 2. DUE DILIGENCE................................................................................................2 2.1 Title/Survey..............................................................................................2 2.2 Environmental Condition..........................................................................3 3. ESCROW........................................................................................................... 6 3.1 Opening of Escrow..................................................................................6 3.2 Escrow Instructions..................................................................................7 4. CLOSE OF ESCROW........................................................................................ 7 4.1 Close of Escrow; Outside Closing Date ................................................... 7 4.2 Recordation; Release of Funds and Documents.....................................7 4.3 Escrow Cancellation Charges..................................................................8 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.............................................................................................................. 8 5.1 Buyer's Obligations..................................................................................8 5.2 Seller's Obligations.................................................................................. 8 6. TITLE INSURANCE POLICY..............................................................................9 6.1 Title Policy............................................................................................... 9 6.2 Payment for Phase Title Policy................................................................9 7. REAL PROPERTY TAXES................................................................................. 9 8. CONDITIONS PRECEDENT TO CLOSING.......................................................9 8.1 Conditions Precedent to Buyer's Obligations...........................................9 8.2 Conditions Precedent to Seller's Obligations.........................................10 9. POSSESSION..................................................................................................11 10. ALLOCATION OF COSTS................................................................................11 10.1 Buyer's Costs.........................................................................................11 10.2 Seller's Costs.........................................................................................11 11. REPRESENTATIONS AND WARRANTIES.....................................................12 11.1 Buyer's Representations, Warranties and Covenants ...........................12 11.2 Seller's Representations and Warranties...............................................12 882/015610-0002 6391171.2 a12/11/13 i Pate 12. CONDEMNATION............................................................................................17 13. RISK OF PHYSICAL LOSS..............................................................................17 14. material consideration for the parties entering into this Agreement..................18 15. MISCELLANEOUS...........................................................................................18 15.1 Assignment............................................................................................18 15.2 Choice of Laws......................................................................................18 15.3 Attorney's Fees......................................................................................18 15.4 Notices...................................................................................................18 15.5 Fair Meaning..........................................................................................19 15.6 Headings................................................................................................19 15.7 Nonliability of Seller Officials..................................................................19 15.8 Gender; Number....................................................................................19 15.9 Survival..................................................................................................19 15.10 Time of Essence....................................................................................19 15.11 Waiver....................................................................................................19 15.12 Broker's/Consulting Fees.......................................................................19 15.13 No Withholding Because Non -Foreign Seller.........................................20 15.14 Counterparts.......................................................................................... 20 15.15 Severability............................................................................................ 20 15.16 Exhibits.................................................................................................. 20 15.17 Covenants of Seller............................................................................... 20 15.18 Covenant Against Discrimination...........................................................21 15.19 Entire Agreement; Amendment..............................................................21 15.20 Facsimile Signatures..............................................................................21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B FORM OF GRANT DEED EXHIBIT C CERTIFICATE OF NON -FOREIGN STATUS 882/015610-0002 6391171.2 a12/11/13 iPIV c�tit OF T 9� CITY]/ SA / HA / FA MEETING DATE: December 17, 2013 AGENDA CATEGORY: ITEM TITLE: CITY COUNCIL ANNUAL BUSINESS SESSION: 3 REORGANIZATION CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Select a Councilmember to serve as Mayor Pro Tempore until the 2014 City Council reorganization in November 2014, or until a successor is chosen (at any time) by three or more affirmative votes. EXECUTIVE SUMMARY: • By Government Code and City Resolution, the City Council is required to meet annually and choose one of its members as Mayor Pro Tempore. • At its 2012 annual reorganization meeting, Council selected Councilmember Franklin to serve as Mayor Pro Tempore. FISCAL IMPACT: None BACKGROUND/ANALYSIS: The office has been held by the following officials in recent years: 2000 to 2007 Mayor Pro Tem Sniff 2008 Mayor Pro Tem Osborne 2009 Mayor Pro Tem Henderson 2010 Mayor Pro Tem Franklin 2011 Mayor Pro Tem Evans 2012 Mayor Pro Tem Henderson 2013 Mayor Pro Tem Franklin `ff- A ALTERNATIVES: The recommended action is necessary in order to remain in compliance with State and City regulations. Therefore, no alternative is provided. Report prepared by: Susan Maysels, City Clerk Report approved for submission by: Frank J. Spevacek, City Manager `1:U. o� u,tcv � o� V s y ,rY c�tit OF AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: December 17, 2013 BUSINESS SESSION: ITEM TITLE: TOURISM WEBSITE DEMONSTRATION CONSENT CALENDAR: STUDY SESSION: 1 PUBLIC HEARING: RECOMMENDED ACTION: No action required. This is an informational item. EXECUTIVE SUMMARY: • A priority of the 2013/2014 Marketing Strategies was an update to the City of La Quinta's tourism website (www.PlayInLaQuinta.com) as the old website was not developed for use across multiple screen sizes and took a long time to download on mobile devices. • The updated website was completed in November 2013. • The City's government website is also in the process of being redesigned and is expected to "go live" by approximately February 1, 2014. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The original tourism website was developed in 2008 by FG Creative. The website contained information about the City of La Quinta, local and regional events, arts and culture. Unfortunately, the website was not developed for use across multiple screen sizes and took a long time to download on mobile devices. To mitigate the issue, the site worked in conjunction with the La Quinta app (available on Apple only), which left a large contingent of mobile users (Android, BlackBerry, Windows Mobile) unable to access the app. The updated website was completed in November 2013 by Graphtek Interactive and includes a new graphic rich layout and updated features, including: `W ✓ Expanded Search Engine Optimization — Near the top of the list when using a search like Google or Yahoo. ✓ Responsive/Mobile Design — The updated site can be easily viewed on any size screen from large computer screens to small smartphone screens. ✓ Signature and Local events calendar — Highlighting events in and around La Quinta. ✓ Integrated Social Media — Users can access all of the City's social media accounts from the webpage (including: Facebook, Twitter, Pinterest, Google Plus, Instagram, and GORequest). ✓ Guest Blogs — Written by La Quinta stakeholders and residents including Bob Marra, Christi Salamone, Andrea Carter, and others. ✓ Restaurant and Shopping Listings — Searchable by food and business types. ✓ Local Attractions Map — Interactive map showing La Quinta golf courses and Signature event locations. The site contains improvements to both functionality and visual appearance. The new site is designed to be responsive and mobile so that it can be viewed on all screen sizes quickly and easily. Some of the visual improvements include new photography that rotates across the screen every few seconds and a new color scheme of blues and soft yellows. Functional improvements include access to all the City's social media links, "Signature Events" and "Things to Do" sliders that scroll to either side for choice selection, interactive maps including local attractions and hiking maps. The new site is a great representation of the quality of the City and communicates with appealing photography and easy to use, hi -tech functionality. Vision Internet recently finalized the home page design for the City's government website with direction from the Website Committee, which is comprised of representatives from every City department. The next steps include interior page design; development, testing and content migration; quality assurance and training; soft launch; and a "Go Live!" which is anticipated for February 1, 2014. Report prepared by: Tustin Larson, Recreation Supervisor Report approved for submission by: Edie Hylton, Community Services Director `rct Reports/ Informational Items: 20 Report to La Quinta City Council Palm Springs International Airport Commission Meeting November 20, 2013 Budget: Expenses remain under control, and with $5.8 million in unrestricted cash on hand; we should easily achieve our target of $5-61VI at year-end — including the funding of all the approved projects. Our bond covenants require that excess cash be used to pre -pay the principal. Therefore, we will be paying down our debt by $765,000 in December, and $211,000 in June. Passenger Activity: Activity for October was down by 1.2% from last year, but still up by 2% year to date.. Passenger Facility Charge: the Federal Government sets The PFC. It is currently$4.50 per passenger. Legislation is in process to increase that to around $7-8 each. We will watch this effort, and plan accordingly. General: 1. Organization/Staffing: As we have become more dependent on technology, the administration is adding its first staff IT Specialist. 2. The cell phone waiting lot has been very successful, and we will be tripling its size (54 cars) and moving it to Kirk Douglas Drive. 3. The apron restoration project has been successfully completed. 4. TSA cuing line: This area has been put on a CAD design system in order to optimize the layout of the line. Baseless stanchions will be used for efficiency. 5. Palm Springs is now eligible to participate in the TSA Pre -check, accelerated security check program. 6. A pre -stop area is being setup to allow for fare payment before arriving at the baggage loading area. 7. One Commissioner proposed a name change to: Frank Bogert International Airport, but there was little interest in pursuing it. ME 5-Year Planning: Our plan update is being submitted to the FAA in December. This plan assumes only moderate growth in the period. The Palm Springs City Council Actions Report is attached to this report. The next Commission meeting will be December 18, 2013. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob(a�teal.us.com Phone: 760-899-4171 `WP REPORTS AND INFORMATIONAL ITEM: 21 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, NOVEMBER 4, 2013 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Commissioner Fitzpatrick. PRESENT: Commissioners Alford, Blakeley, Engel, and Fitzpatrick ABSENT: Commissioner Lawrence STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf and Parks/Landscape Manager; and Angela Guereque, Senior Secretary. Commissioner Blakeley led the Pledge of Allegiance. PUBLIC COMMENT — None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Alford/Blakeley to confirm the agenda as submitted. Motion passed unanimously. APPROVAL OF MINUTES Motion — A motion was made by Commissioners Engel/Blakeley to approve the October 14, 2013 Community Services Commission Minutes as submitted. Motion passed unanimously. BUSINESS SESSION 1 . PARTICIPATION IN THE CHRISTMAS TREE LIGHTING CEREMONY Director Hylton presented the staff report. Motion — A motion was made by Commissioners Blakeley/Engel to appoint Commissioners Alford and Fitzpatrick to assist with the Christmas Tree Lighting Ceremony. Motion passed unanimously. COMMUNITY SERVICES COMMISSION MINUTES NOVEMBER 4, 2013 173 2. ART IN PUBLIC PLACES STRATEGIC PLAN UPDATE Director Hylton presented the staff report. Motion — A motion was made by Commissioners Blakeley/Alford to recommend the Art in Public Places Plan to City Council for approval. Motion passed unanimously. REPORTS AND INFORMATION ITEMS 1 . Art Maintenance Priorities for 2013/2014 2. Community Services Department Report for October 2013 3. Report from Commissioners Regarding Meetings Attended 4. Calendar of Monthly Events ADJOURNMENT There being no further business, it was moved by Commissioners Engel/Alford to adjourn the meeting at 6:00 p.m. Motion passed unanimously. Respectfully submitted, aiw& quewq" ANGELA GUEREQUE, Senior Secretary City of La Quinta, California COMMUNITY SERVICES COMMISSION MINUTES NOVEMBER 4, 2013 174 REPORTS AND INFORMATIONAL ITEMS: 22 PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 12, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairperson Barrows. PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Wally Nesbit, Associate Planner Jay Wuu, City Attorney Kathy Jenson, and Secretary Monika Radeva Chairperson Barrows led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion — A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of October 22, 2013, as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Conditional Use Permit 2011-136 submitted by Lowe's HIW, Inc. proposing permanent outdoor display and sales area for the Lowe's Home Improvement Warehouse. Location: Washington Park commercial retail center; 78-865 Highway 1 1 1, La Quinta. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 1 NOVEMBER 12, 2013 imi Chairperson Barrows noted for the record that staff had distributed a Memorandum to the Commission indicating that due to further collaboration with the applicant Condition of Approval No. 15 had been amended. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:13 p.m. Mr. Jesus Uccles, Store Manager of Lowe's HIW, Inc., La Quinta, CA - introduced himself, explained the purpose and intent behind the proposal and the types of merchandise to be displayed, and answered the Commission's questions. Chairperson Barrows asked Mr. Uccles if he was in agreement with the amendment to Condition of Approval No. 15. Mr. Uccles replied he was. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:16 p.m. Motion - A motion was made and seconded by Commissioners Weber/Wilkinson to adopt Resolution 2013-024 approving Conditional Use Permit 201 1-136, as submitted with staff's recommendations and amending Condition of Approval No. 15 to read as follow: 15. Permanent improvements shall be added to the trailer sales area in order to indicate to customers that the parking spaces utilized for trailer sales are not for customer parking. Improvements shall include, but are not limited to, painted stripes, permanent bollards, and additional landscaping for screening purposes within the existing landscape planter adjacent to the trailer sales area. Design specifications shall be reviewed and approved by the Community Development Director prior to trailers being located within the sales area. Motion passed unanimously. 2. Tentative Tract Map 36537 and Site Development Permit 2013-924 submitted by Rembold Properties, LLC. proposing the land division of 41.95 acres and the construction of 230 new single family attached and detached units, and related project amenities and improvements. Location: in the PGA West development, along the north and east side of PGA Boulevard, west of the Stadium clubhouse on the former PGA West resort core site. PLANNING COMMISSION MINUTES 2 NOVEMBER 12, 2013 `rc Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:28 p.m. Public Speaker: Mr. Wayne Rembold, Developer with Rembold Properties, LLC., Portland, OR — introduced himself, gave a brief overview of the project, and answered the Commissions' questions. Public Speaker: Mr. Howard Culver, PGA West resident, La Quinta, CA — introduced himself, said the applicant has resolved all issues the PGA West Association and residents had addressed, and was in favor of the project. Public Speaker: Mr. Steve Weiss, PGA West resident, La Quinta, CA — introduced himself, said the applicant has been extremely cooperative and responsive in addressing the residents' comments and concerned, and everyone was very pleased and excited to see this project being built. Public Speaker: Mr. Robert Thorn, CEO Partner of California West Communities, Carlsbad, CA — introduced himself as the project developer, thanked staff for their efforts in cooperation during the application review process, and answered the Commissions' questions. Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:37 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Blum to adopt Resolution 2013-025 recommending approval of Tentative Tract Map 36537 as submitted with staff's recommendations. Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-026 recommending approval of Site Development Permit 2013-924 as submitted with staff's recommendations. Motion passed unanimously. Commissioner Wilkinson recused himself from the next item on the agenda because of his involvement with the project. 3. Environmental Assessment 2013-629, General Plan Amendment 2013-126, and Zone Change 2013-144 have submitted by William J. Hammer / Kim M. Hammer Trustees: Hammer Family Trust, proposing a general plan amendment from Low Density residential (up to 4 units/acre) to General Commercial and PLANNING COMMISSION MINUTES 3 NOVEMBER 12, 2013 177 zone change on 4.35 acres, from Low Density Residential to Neighborhood Commercial. Location: southwest corner of Avenue 58 and Monroe Street. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 8:00 p.m. Public Speaker: Mr. Hayward Pardue, Representative of the Applicant, La Quinta, CA — introduced himself and answered the Commissions' questions. Public Speaker: Mr. Roger Greenwald, Resident, La Quinta, CA — introduced himself and said he was not in favor of the project as he was concerned about possible light pollution and increased noise levels. He said the area is currently very quiet and suggested the proposed commercial center be built in other areas further to the west. He noted there were a lot of residents that were opposed to the proposed project and quoted Mr. Spock from Star Trek that "the needs of the many should outweigh the needs of the few." Public Speaker: Mr. Brett Pecano, Piazza Serena resident, La Quinta, CA — introduced himself and said even though, Commissioner Wilkinson recused himself, he found it unethical that Mr. Wilkinson was involved with the proposed project and at the same time served on the City's Planning Commission. He stated he never would have purchased a home within the area had he known that a gas station could be built in proximity to his residence in the future. He said the area has always been zoned residential and he was never made aware that it could be rezoned to commercial. Public Speaker: Mrs. Pixie Scott, Piazza Serena resident, La Quinta, CA — introduced herself, said her residence would be greatly impacted by the light pollution, noise levels, and increased traffic from the proposed future commercial center. She expressed a concern about possible increase in crime as well as the oil and gas from a gas station being mixed in with the dust and dirt, and that air would be carcinogenic. She noted the reasons she chose to purchase her home in Piazza Serena were mainly because of La Quinta's dark sky ordinance, the lack of street lights and the quietness of the area. Public Speaker: Mr. Curt Starweather, Piazza Serena resident, La Quinta, CA — introduced himself, said the proposed commercial center would have an adverse impact on the safety and serenity of the community and its property values due to the increase in traffic, noise levels, light pollution, and possible crime. He stated that the negative economic impact for the immediate community would be substantially greater than any possible benefit this project could offer. He PLANNING COMMISSION MINUTES 4 NOVEMBER 12, 2013 178 suggested the proposed project be located at either one of the two commercial sites, already zoned as such, located at the intersection of Avenue 58 and Madison Street. He requested that the Planning Commission deny the proposed project. Public Speaker: Mr. Justin Bert, Senior Vice President with Capstone Advisors, and representative of the owner of the 60 remaining undeveloped lots at Piazza Serena, Carlsbad, CA — introduced himself and said the proposed zoning and general plan designation were not compatible with the surrounding properties, as the area in question was surrounded by low density residential areas on all three sides. Mr. Bert noted that there has been no change in circumstance to warrant a zone change and a general plan amendment. He said during the recent General Plan Update there were no reasons identified to change the existing low density residential zoning for that property and there were plenty of already commercially zoned areas, approximately 70 acres, to the west that would be more appropriate for the proposed project. Chairperson Barrows noted for the record that a comment letter from Mr. Justin Bert, received on November 12, 2013, was distributed to the Commission. Public Speaker: Mr. Charles W. Clendening, Piazza Serena resident, La Quinta, CA — introduced himself as the President of the Board of Directors for the Piazza Serena community and said the entire community was in opposition of the proposed project. He said any commercial project in such proximity to a residential development would have an adverse economic impact on property values in an already troubled property market environment that is barely beginning to recover. He noted there already was a convenient store located on Monroe Street. He stated a possible commercial center would destroy the quietness and serenity of the residential community and would increase crime. Mr. Clandening said there was no need for a commercial project in the area and there was inadequate population to support it. He said that residents bordering Avenue 58 were not notified of the proposed zone change and requested that the Planning Commission deny the proposed project. Chairperson Barrows noted for the record that a comment letter from Mr. Clendening, received on November 12, 2013, was distributed to the Commission. Public Speaker: Mr. David V. Crouse, Piazza Serena resident, La Quinta, CA — introduced himself and said he retired to the Coachella Valley because he truly thought the City of La Quinta was the Gem of the Desert and he liked the quietness and serenity of the community. He expressed concerns regarding the potential increase in traffic and noise, and that the placement of a gas station PLANNING COMMISSION MINUTES 5 NOVEMBER 12, 2013 W adjacent to an existing underground power line could be potentially hazardous. He stated that a commercial center at the proposed site was not warranted. Chairperson Barrows noted for the record that a comment letter from Mr. Crouse, received on November 12, 2013, was distributed to the Commission. Public Speaker: Mr. Joe Hammer, property owner and applicant, Indian Wells, CA — introduced himself, briefly described the history of the proposed site and the adjacent vacant land and their existing zoning designations. He said he was unaware the proposed project would be objected to. He noted he spent a lot of time speaking with homeowner from the Andalusia residential community and those residents expressed support for the project. Mr. Hammer explained the proposed commercial center would be very well architecturally designed and he would not build anything that would jeopardize the value of the 17.5 acres of vacant land to the south and additional 40 acres of vacant land to the east that his family has owned for many years. He stated the northeast and southeast corners on Avenue 58 and Madison Street, currently under the jurisdiction of the County of Riverside, would be developed as commercial centers in the future. He said the proposed commercial project would be beneficial to the surrounding community and encouraged the Commission to approve the zone change so he would have an opportunity to move forward with the project. Mr. Pardue noted there was a lot of interest from developers for a commercial project in the area. He said the zone change was only the first step of this process and the surrounding residents would have many more opportunities to give their input on the project should it go forward. Chairperson Barrows asked what community outreach was done for this project. Mr. Pardue said the major adjacent communities were contacted and made aware of the proposed project, including Trilogy and Andalusia. Public Speaker: Mrs. Silva Segrist, Piazza Serena resident, La Quinta, CA — introduced herself, said a future commercial development would not be beneficial to the existing residential community, but instead it would have an adverse impact on property values. She requested the Planning Commission deny the proposed zone change. Public Speaker: Mrs. Kim Hammer, property owner, Indian Wells, CA — introduced herself and said that for many years she resided behind a large commercial center and found it to be an asset and a convenience. She stated the proposed corner was a perfect location for a well thought out and aesthetically pleasing small commercial center and would very much benefit the community. PLANNING COMMISSION MINUTES 6 NOVEMBER 12, 2013 iN Public Speaker: Mrs. Pixie Scott, Piazza Serena resident, La Quinta, CA — reiterated her earlier statement that the surrounding residents were not in support of a commercial center in such close proximity to the existing residential community, and would like to keep the area dark, quiet, and serene as it currently exists. 1111111,10111511IF1111011 � , i �i I Motion — A motion was made and seconded by Commissioners Wright/Blum tne t adopt Resolution 2013-027 recommending approval of Environmen I Assessment 2013-629 as submitted with staff's recommendations. AYE Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrow NOES: None. ABSENT: Commissioner Wilkinson. ABSTAIN: None. Motion — A motion was made and seconded by Commissioners Blum/Wright deny General Plan Amendment 2013-126 and Zone Change 2013-144 submitted. AYES: Commissioners Blum, Vice Chair Wright, and Chairperso Z) Barrows. NOES: Commission Weber. ABSENT: Commissioner Wilkinso ABSTAIN: None. I CORRESPONDENCE AND WRITTEN MATERIAL — None DIRECTOR'S ITEMS - Norl There being no further business, it was moved and seconded by Commissionert. Blum/Wright to adjourn this meeting at 9:16 • Motion passed unanimously. WE WYA DEPARTMENT REPORT: 1 4 MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Frank J. Spevacek, City Manager FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: December 17, 2013 SUBJECT: RESPONSE TO PUBLIC COMMENT ON DECEMBER 3, 2013 REGARDING THE NORTH LA QUINTA ASSESSMENT DISTRICT WORKSHOPS Public Works has been hosting workshops regarding the possible formation of an assessment district for north La Quinta developments to not only offset City expenses for maintaining parkways and entrances to 11 subdivisions, but also to make improvements to these areas, which in many cases are showing their age. These developments have been receiving free landscape maintenance since their inception. It is the opinion of City staff and Willdan Financial ("Willdan") that this was due to the failure of the developers to create a funding mechanism that would support the perimeter and entrance landscape maintenance of these developments. For some reason, the conditions of development were not completely fulfilled as they relate to common area landscape maintenance. In addition to requiring the development to join the Citywide Lighting and Landscape (L&L) District, the conditions of development required developers to provide for future funding for the maintenance of the common area improvements. Although there is variation in the wording between the developments, essentially, developers were to establish one of the following funding mechanisms to pay for the common area landscape maintenance: 1) Create a Home Owner's Association where the association maintains these areas and bills the homeowners monthly. 183 2) Create a Maintenance Organization where a private company owns and maintains these areas and bills homeowners on a quarterly basis. 3) Create an Assessment District where the City maintains these areas and is reimbursed through assessments of the future homeowners on their annual tax bill. In the case of these 11 subdivisions and nowhere else in the City, the third option appears to have been chosen by the developer given maintenance was turned over to the City. However, this was done without creating an assessment district for the City to recover its cost. This lack of funding has contributed significantly to the budget shortfall in the L&L District. In order to bring awareness to this situation, as well as explain the significant reductions in City revenues and reserves, staff has held 11 mid- week evening workshops with the individual developments followed by two Saturday workshops with the larger groups of developments based on the zones created by Willdan (Attachment 1). The mid -week presentations were given by staff to present the City's status and the reductions in service levels necessitated by the loss of the Redevelopment Agency and overall reduced revenues to the City. The PowerPoint presentation (Attachment 2) was given by City staff and Mr. Jim McGuire of Willdan at the November 16, 2013, workshop to recap what was discussed during the mid -week presentations and to go over possible improvements and associated costs that could be considered. Staff and Willdan also shared the steps necessary to form a maintenance district if desired by a majority of homeowners. On December 3, 2013, several homeowners spoke regarding the workshops. A summary of the public comments and staff's response are as follows: 1. The meetings and workshops were not properly noticed. Response: Staff sent out two sets of notices by first class mail, one for the neighborhood -specific mid -week workshops and a second notice for the two Saturday zone workshops; notices were transmitted to 1,600 homeowners (addresses based on county assessor's records). The notices were brightly colored post cards inviting the owners to meet with staff and discuss possible solutions including forming an assessment district, if desired, in order to improve the aesthetics of their development and possibly boost their property values (Attachment 3). Staff included the notices on both the City's Facebook page and website plus issued press releases for the Saturday workshops. If staff had email addresses for residents in the 184 development, notification was also sent via email. At the conclusion of each workshop, staff emailed the presentation to the attendees and offered follow-up meetings to those who wanted their neighbors to hear the presentation. 2. The Lighting and Landscape (L&L) District has a legal obligation to maintain these parkways and entrances since they are owned by the City. Response: Neither the dedication language on the individual final maps nor the conditions of development from the tentative maps obligates the City to provide landscape maintenance for these 11 subdivisions. The conditions of development actually indicate just the opposite. The developers were given the option of either paying for their landscape maintenance through a homeowners association or maintenance district, or by having the City maintain the landscaping with funding to be provided by an assessment district, which was to be established by the developer. For no apparent reason, these developments were added to the City's L&L maintenance contract without forming assessment districts. This has only occurred in north La Quinta for developments that were entitled between 1989 and 1994. All other parts of the City have either a homeowners association (HOA) or maintenance organization for their landscape maintenance. These neighborhoods also pay into the Citywide L&L district for public landscape maintenance of the City's medians. 3. The 1989 conditions of development don't apply to the final map that was recorded at a later date. Response: Final Map approval is a ministerial act made after the conditions are fulfilled from the tentative map. In many cases, there are multiple final maps depending on the phasing of the development project that may be approved years after the conditions of development are approved for the tentative map. However, these tentative map conditions still apply to the later final maps including the 1989 Final Map mentioned during public comment. 4. Staff and/or the City's consultant said the City would turn off the water if the homeowners didn't agree to form an assessment district. Response: Staff was clear at all of the workshops that the City was not considering shutting off the water to save utility or any other costs. If a majority of the homeowners did not want an assessment iN district, the no project option/status quo would be continued (as shown in the presentation). 5. If the City just maintained the landscaping better there would be no issue. Response: While there is always room for improvement in landscape maintenance, the older spray irrigation and plant palettes in many of these parkways and entryways makes maintenance more difficult and costly for the City. These challenges were discussed, as was the fact that since the City's capital budgets were drastically reduced in recent years, a project to replace the irrigation and/or make large scale replacement of the plants or decomposed granite was unlikely without an assessment district. 6. We bought our home specifically because we were told there was no assessment district or HOA for our development. Response: The City's proposal for an assessment district is voluntary and can only move forward if a majority of the homeowners desire improvements beyond what the City can supply through the existing L&L district. The City cannot create an assessment district without the cooperation of the majority of the property owners (Attachment 4) . Attachments: 1 . Map of north La Quinta zones 2. Sample PowerPoint for Saturday workshops 3. Sample post card mailed to property owners 4. FAQs handout iDIV, A J►�' la on pralp ATTACHMENT 1 via c- As 4 VO *0 Ep O's 0 loop', V e k� WIN milli BE= 2 In mm Nr­ 188 fo O F- B3 U) •O V D 70 O L. Q a-J > O E Cb u _o O •— > _O V �' 0 V c E O a- j (n ru >� O 0 L- W O 4-' wE .cn Q — cn O L � a � V O E r� > U v _V J L •� (u O � O E L O> � O > � � li O Z cn 40 o m ._ v 4--) ^W W ca 4--) O O - 4--) N :3 Q) �. •— V L O u -0 E 06 L O p milm- am I E L U L � O 4- O � p V C 4O - C: (n > r V •— C C: ro 4) a-J N � 4- � .- O a-J .- � � O V cn O 'L O Q V Q (� �•wrr ~, �aM F `ire -4w R 11 r' f �40 Y ru D rw L (n ro a--' VO � 0 � V V V •V L ro w w w .— r- w Cn _ V E a� ro L •_ .— 4� ro C: \ ca 0- : E ro a� c6 E 3: 4-j V E L O .L O ram, LL V a- (f) x cwow 0 . _ m C Lo x W O CL O Lm CL L r- ru CL 0 0- D x N mO U U ^ �ro �p 0FZ i, _ X C L � a- J 0 a� U-)'� � C _ O M4IJ (oru L O ru E UU m r- ru L. U 06 0 � o LL c rl w E 0 V m ,V d T T ru ru E E 0 0 0 0 0 0 0 0 O O � L ru ru ru ru _ru ru E — — — 0 0 0 = 0 *I. 0 0 0 0 0 0 0 0 0 O V 0 0 0 0 O O M O M k.0 m N iA- iA- iA- iA- iA- m cr J a M u MLJ M TA O N N L m y m V 4A LL IA C m O Y J U dp 3 � m c cv U N LL +� p O m Q, J m b � C o O CC }' •- �, -o m Q a) c m GC V Wip, o- u 40 s Yul i L a L. ru L Q •ti J• + . � J Im G G oo Ln 0 . O M 4d)- 11 4d)- 4d)- 11 41 Fmm A 4- O W C O 'O 0 '' ■ z . . CD r, .a ca U (f) _0 o._ �o LO >.. 4� 1".0 ca �Lr) M O O i& -W CD 4-J O V) _ — 0 0 0 mim ME mm rt f� N Ca n Vo W ro LU z O N O n ow m a� 0 V a� V m a� 4W v� .fu E a� O z fu CD .L CD x w E (1) fu 0L a� Ca n N 0 O 0 cn z 4- 0 w N 4- 0 70 (n O � O •- L (u O � O O rU • It o�.•. r• i° tE el a :m rtl m CL ru O W ru C: Ol 'L 4-) ,L L Q _0 _0 z z 4- 0 0 -0ra � O L Z3 a-J L V C: i E CD w O D E 'X z Q Q L. ru L Q in 5; q L. ru L Q L. ru L ru L 0- CD Q) O Q O O N Q U) W T Ln E CY ru J •D O _0 n p C: Ln ru L 0 I O � � p�ru Olu L D � O a-J V .L n � 1� 0 0 0 %IQIfl OpkeY.? ATTACHMENT `IR PAP ATTACHMENT 4 Workshop on Parkway Improvements } r � ` - Property Owners of La Quinta Del Oro w November 20, 2013 vt� s.- FAQ's: City of La Quinta's Lighting and Landscape District 89-1 What is a Lighting and Landscape (L&L) District? And what does it pay for? Answer: When the State of California started taking money from cities to help bridge its budget deficit, California cities had to seek ways to raise more revenue to help pay for expenses. Forming lighting and landscape districts is a way for cities to raise money to offset one of their many costs — the cost of maintaining public areas such as medians and parkways. In 1989, La Quinta, like other California cities, formed a landscape and lighting district (L&L District 89-1) which now provides revenue that helps pay for maintenance of landscape and landscape lighting; primarily in the City's medians and parkways along major roadways such as Highway 111, Washington Street, and Jefferson Street. How does the L&L District work? What are the collections versus costs? Every property owner in the City of La Quinta is assessed $35.60 per year to cover the cost of maintaining parkways and medians throughout the City. This assessment rate is Citywide and will generate a total of $960,698 in Fiscal Year 2013/2014. However, this will only be enough to fund 77% of the City's total estimated landscape maintenance cost (excluding parks). The City is expected to spend over $1.3 million on these maintenance activities and another $1.5 million on parks maintenance. If the City pays for north La Quinta subdivision parkways with existing L&L District revenue, why can't the City also pay for desired enhancements? Answer: Enhancing north La Quinta subdivision parkways would represent an additional cost to either the City or property owners. As it stands now, the L&L District doesn't collect enough money to pay for the current landscape maintenance needs of City medians and private parkways (i.e., landscape areas outside the walls of certain developments in north La Quinta). These maintenance costs are subsidized by the General Fund in the amount of about $300,000 annually; this takes away from other needed services. Why doesn't the City use property taxes to pay for Citywide landscape maintenance and improvements? Answer: Property tax revenue is down significantly and is needed for other City services such as public safety. 014fl What are the deficiencies of the existing irrigation and landscaping in north La Quinta? Answer: The existing irrigation, which uses primarily overhead spray type emitters, wastes water and causes greater erosion than a modern drip system. This unnecessarily increases water consumption and erodes the decomposed granite (DG) and soil on steeper slopes. The landscaping that does survive this is not as attractive or drought tolerant as what's available today. The erosion problem also makes DG replacement impossible on the steeper slopes of some of the parkways. What if north La Quinta subdivisions want to form their own assessment district to pay for improvements and enhancements of their parkways, is this possible? Answer: Yes. Forming a new assessment district would begin with the development of a preliminary engineer's report, which would take nine months to one year. The City would need to conduct public outreach and send and receive ballots from all affected homeowners. It would take another 12 to 18 months to design the desired irrigation and landscaping, get buy in from the homeowners, and publicly bid the project. Once a contractor is hired, it would take approximately three to four months to install the desired improvements. Assessments would not begin until the new landscaping has been installed and the City has resumed maintenance. Can the communities provide input on the types of plants, DG, and other improvements needed? Answer: Absolutely. If the assessment district is approved, the City would hire a landscape architect to go over all the plant options, DG, etc. with the communities to satisfy the majority of the property owners. What happens if the assessment district is not approved? Answer: If the majority of property owners do not want an assessment district for landscape maintenance, the City will continue to provide maintenance and utilities to the parkways, entry ways and retention basins at approximately the same level as today. However, plant replacement, overseeding of basins and entry landscaping will be minimized in order to save cost to the City. Who do I contact for more information? The City of La Quinta's Public Works Department at (760) 777-7077 or Maria Casillas at mcasillas@la-guinta.org. Workshop on Parkway Improvements Property Owners of La Quinta Del Oro November 20, 2013 212 DEPARTMENT REPORT:. 3 CITY COUNCIL'S UPCOMING EVENTS DECEMBER 17 CITY COUNCIL MEETING DECEMBER 18 OVERSIGHT BOARD MEETING DECEMBER 21 HOUSEHOLD HAZARDOUS WASTE DAY ❑ECEMBER 24 CITY HALL CLOSES AT NOON DECEMBER 25 CITY HALL CLOSED - CHRISTMAS DECEMBER 31 CITY HALL CLOSES AT NOON JANUARY 1 OVERSIGHT BOARD MEETING -CANCELLED JANUARY .1 CITY HALL CLOSED - NEW YEARS DAY JANUARY 7 CITY COUNCIL MEETING - CANCELLED JANUARY 15 OVERSIGHT BOARD MEETING JANUARY 20 CITY HALL CLOSED - MARTIN LUTHER KING, JR. DAY JANUARY 21 CITY COUNCIL MEETING FEBRUARY 4 CITY COUNCIL MEETING FEBRUARY 5 OVERSIGHT BOARD MEETING FEBRUARY 17 CITY HALL CLOSED -- PRESIDENTS DAY FEBRUARY 18 CITY COUNCIL MEETING FEBRUARY 19 OVERSIGHT BOARD MEETING 213 ill joil 1� 111 1ii • �. 1 2 3 4 5 6 7 9:30AMCVAG City Council 10:OOAMALRC 6:00PM Transportation - Meeting Christmas Tree Evans 2:40 PM Lighting Oversight Board Ceremony in Meeting Old Town S 9 10 11 12 13 14 10:00AMPub. 7.00 PM 9:00AMRiv. Ct_, 11:00 AMCVAG Safety- Planning Transportation- Converstation- Henderson Commission Henderson Evans 3:00 PM Mtns. 4:00 PM 12:00 PM Energy 1 Conservancy- Investment Environental- Franklin Advisory Board Evans 5:30 PM Community Services 15 16 17 18 19 20 21 City Council &GO AM OV 3:00PM 9:ooAM 9:00AM-2:00PM Meeting Economic Ptnr- Franklin Historic Convention & Household PreservationVisitors Hazardous Waste Bureau -Evans Day - South City 10-OOAM CVAG Hall Padang Lot Homeless - Osborne 2:00 PM Oversiq d _ Board Meeting 22 23 24 25 26 27 28 4:30 PM Exec. 7.00 PM 12:00 PM Sunline - Cmte.-Adolph Planning Adolph Commission CITY HALT. CITY HALL CLOSED - CLOSES AT CHFIISTMAS NOON DAY 29 30 31 1Vov 2023 Tan 2014 CITY }TALL CLOSESAT NOON 13 14 15 16 17„ 18 - I7 18 19 20 21 22 23., 19,:20 2t 22 23 24 25 NEVV YEARS 24 25 25 27 28 29 30^ 26>27 28 29 3Q 31 EVE 214 1 2 3 4 >�e�oi3 -:Feb 2014i 10:OOAM ALRC 2:00 PM 8, 9 40 11 12 i�`� 14 2 3 4� 5 6 7 g Oversight Board 15 I67 18 19 20` 21 , 9 10 I1 12 13 14 15 ". Meeting CANCELLED 22 ;23 24 2� 26 27 28 76 17, 18 19 20 21 22'. 29 30 31 23 24. 2S 26. 27 28 CITY HALL CLOSED NEW YEARS DAY 5 6 7 .8 9 10 11 9:30AMCVAG CANCELLED 9:00AMRiv.Ct_ 11:00AMCVAG Transportation - Transportation- Comerstalian- Evans City Council Henderson Evans Meeting 4:00 PM 12:00 PM Energy I Investment €nvinmental- Ad%Lgory Board Evans 12 13 14 15 16 17 18 10:00AM Pub, 7:00 PM 8:00AM CV 3:00 PM 9:OOAM Safety- Planning Economic P,tnr- Historic Convention & Henderson Commission Franklin Preservation Visitors Bureau -Evans 3:00 PM Mins. 10:OOAM CVAG Conservancy- Homeless - Eranidin Osborne 5:30 PM 2:00 PM Community Oversight Board Services Meeting 19 20 21 22 23 24 25 Council 12:00'PM'Sunline - Meeting Adolph OILCity CITY HALL CLOSED MARTIN LUTHER KING JR. DAY 26 27 28 29 30 31 4:30 PM Exec, 7:00 PM Crnte. -Adolph Planning Commission 21b 216 DEPARTMENT REPORT: 4 4 OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: December 17, 2013 SUBJECT: COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2013 Upcoming events of the Community Services Department for January 2014: Daily Activities *Computer Lab *Social Bridge *Mah Jongg * Quilters *Movie Time *Wii Bowling/Golf Fitness *Morning Workout *Mat Pilates *Zumba Gold *Arthritis Tai Chi *Tai Chi Chuan *Tai Chi Intermediate *Yoga for Health *Chair Yoga *Flex Yoga *Zumba Leisure *Social Dance Fusion *Intermediate Ukulele *Let's Make Jewelry *Acrylic Painting *Sketch & Draw *Watercolor *Documentary Discussion *AARP Safe Driver *Hooked on Loops *Intermediate Bridge I *Computer Fundamentals *Digital Camera II *Intermediate Internet & Email * U Art & Computer *Adobe Photoshop Elements *Intermediate Computers *Conquering MS Excel *Use a Digital Camera 014n *Italian for Everyone Meet the Dog Trainer, Pioneer Dog Park Hip Hop Dance Cheer, La Quinta High School Beginning Ballet 5-10yrs., La Quinta High School Dance, Play & Pretend 2.5-5yrs., La Quinta High School Dance, Play & Pretend 2.5-5yrs., Fitness Classroom Sports * Karate/Taekwondo Events *Chinese New Year Luncheon *Humana Fit, Fun and Forever Guided Walk, Tread Lightly Principle, Bear Creek Nature Trail Guided Hike with Philip F., Exploring Back of Cove, Cove Oasis Humana Well -Being Walk, La Quinta Community Park Humana Healthy Fun Fair, La Quinta Community Park Humana Day at the Certified Farmers Market, Old Town La Quinta Disc Golf Tournament, Cove Oasis *C/ass or activity held at Senior Center r►AE. Community Services Department Attendance Report for November 2013 Summary Sheet Sessions Per Month Proaram 2013 2012 Variance 2013 2012 Leisure Classes 89 137 -48 40 62 Special Events 130 180 -50 3 1 Sports 686 297 389 16 21 Senior Center 830 923 -93 117 133 Total 1,735 1,537 198 176 217 Senior Services Senior Center 216 315 -99 22 19 Total 216 315 -99 22 19 Sports User Groups La Quinta Park AYSO 1000 1500 -500 18 22 Desert Boot Camp 50 50 0 10 10 DS Harlequins Rugby 60 40 20 8 7 PDLQ Football 25 0 25 3 0 Sports Complex LQ Youth & Sports Assoc. 250 200 50 20 17 PDLQ Football 100 100 0 9 10 Colonel Mitchell Paige AYSO 650 250 400 13 7 Soccer (Lightning Strikers) 20 20 0 4 2 Soccer (Nationals) 20 20 0 2 1 Facility/Park Rentals Senior Center (Private Party) 0 800 -800 0 5 (Sunday Church) 300 300 0 4 4 Museum Meeting Room 50 100 -50 1 2 Library Classroom 600 550 50 12 11 Civic Center Campus (Private Party) 100 50 50 2 1 Cove Oasis Trailhead (Private Party) 100 0 100 1 0 Park Rentals La Quinta Park 100 50 50 2 1 Fritz Burns Park 250 100 150 5 2 Total 1 3,6751 4,130 -455 114 102 Total Programs 1 5,6261 5,982 -356 312 338 Volunteer Hours Senior Center 1 1461 140.5 5 Community Services Department Program Report for November 2013 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Leisure Classes* Zumba 17 16 1 7 8 Hatha Yoga 6 0 6 6 0 Karate/Taekwondo 4- 8 (Beg.) 15 15 0 8 7 Karate/Taekwondo 4- 8 (Inter.) 30 23 7 8 7 Karate/Taekwondo 9& up 16 23 -7 8 7 Dance, Play & Pretend 5 14 -9 3 9 Totals 891 91 -21 401 38 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Special Events Veteran's Day Tribute 80 180 -100 1 1 Eisenhower Roundabout Ceremony 30 0 30 1 0 Zumba Master Class 201 01 201 1 0 Totals 1301 180 -501 3 1 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 122 147 -25 7 12 Open Gym Volleyball 32 83 -51 2 4 Nature Walk 26 14 12 1 1 Guided Hike Garner Valley 16 18 -2 1 1 Disc Golf Tournament 25 28 -3 1 1 Taekwondo Tournament 430 0 430 1 0 Y-Rookies Soccer 351 351 01 31 3 Totals 6861 3251 3611 161 22 Community Services Totals 1 9051 5961 3091 591 61 Community Services Department Monthly Revenue Report for November 2013 Monthly Revenue - Facility Rentals 2013 2012 Variance Library $ 200.00 $ 250.00 $ (50.00) Museum $ - $ - $ - Senior Center* $ 1,372.50 $ 3,522.50 $ (2,150.00) Parks $ 770.00 $ 395.00 $ 375.00 Sports Fields 1 $ 1,130.00 1 $ 859.00 1 $ 271.00 Monthly Facility Revenue 1 $ 3,472.50 1 $ 5,026.50 1 $ (1,554.00) Monthly Revenue Senior Center $ 3,599.50 $ 3,686.50 $ (87.00) Community Services $ 4,204.50 $ 4,233.00 $ (28.50) Total Revenue $ 7,804.00 $ 7,919.50 $ (115.50) Revenue Year to Date Facility Revenue $ 15,886.50 $ 13,123.00 $ 2,763.50 Senior Center $ 13,605.50 $ 14,897.50 $ (1,292.00) Community Services $ 20,436.50 $ 26,991 .00 $ (6,554.50) Total Revenue to Date $ 49,928.50 $ 55,011.50 $ (5,083.00) * Additional revenue in 2012 due La Quinta Arts Foundation Blues and Brews; this event did not occur in 2013. `IAi Senior Center Program Report for November 2013 Participation Participation Variance Meetings Meetings 2013 2012 2013 2012 Senior Activities AARP Safe Driver 15 0 15 1 0 Craft Time w/ DRD Tiny Tot Program 29 30 -1 1 1 Computer Lab 18 7 11 7 1 Golden Tones 33 33 0 4 3 Monthly Birthday Party 40 45 -5 1 1 Movie Time 29 41 -12 3 4 Putting Action & Wii Bowling 28 32 -4 7 8 Quilters 26 40 -14 3 4 Tai Chi Arthritis 11 0 11 4 0 Tai Chi Chuan 45 15 30 5 7 Tai Chi Intermediate 30 0 30 3 0 Tennis 80 67 13 7 9 Ukulele Players 68 70 -2 7 7 Woodcarvers 39 46 -7 4 4 Senior Activity Total 491 426 65 57 49 Senior Leisure Classes/ Programs Beginning Bride 20 0 20 4 0 Beginning Ukulele 12 13 -1 4 4 Bridge: Social & Party 36 231 -195 5 13 Chair Yoga 3 10 -7 3 3 Documentary Discussion 18 0 18 1 0 Exercise (Morning Workout) 55 28 27 11 13 Flex Yoga 4 0 4 4 0 Jewelry Making 6 12 -6 3 3 Luncheon: Thanksgiving 102 96 6 1 1 Mah Jongg 36 21 15 4 4 Mat Pilates 25 25 0 11 13 Social Dance Fusion 7 11 -4 3 3 Watercolor 4 0 4 3 0 Yoga for Health 11 10 1 3 3 Senior Leisure Classes Total* 339 457 -118 60 60 Total Senior Activities/Programs 830 883 -53 117 109 Senior Social Services FIND 129 213 -84 3 7 HICAP/Legal/Financial/Lobby 41 4 37 9 3 LIHEAP Office Processing 5 0 5 5 0 Alzheimer's Group 2 2 0 2 1 Presentations 13 0 13 3 0 Volunteers 26 30 -4 n/a n/a TOTAL SENIOR SERVICES 216 249 -33 22 11 SENIOR CENTER TOTAL 1046 1132 -861 139 12 Parks Activities Updates For November 2013 The interactive water feature at La Quinta Park has been closed for the season. Even though there are always nice warm days in La Quinta throughout the fall and winter, the water for the water feature is stored underground and has become ice cold. The water feature will reopen for use at the beginning of May 2014. All of the shade shelters have been repainted at La Quinta Park. The concessions building and patio area were repainted last month. 223 224 0 0® ! ! ! The Gems symbolize the Wellness System Fees Ruby Level = $50.00 (Self -Directed Program; One Year -Key Use) Sapphire Level = $1 75.00 (All Ruby Level Benefits; Pre -Fitness Assessment Test; Diamond Level = $295.00 (All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions) • Members Sold is the number of memberships sold that day. • Walk-ins are people without membership cards that are paying a daily $5 fee. • Daily counts are the number of Members coming into the center that have had their membership cards scanned by us. • The totals at the end of each row is the total of all of the above transactions for the day. `1M `�z: Department Report: 5 III y c7�' TO: Honorable Mayor and Members of the City Council FROM: Les Johnson, Community Development Director DATE: December 17, 2013 RE: COMMUNITY DEVELOPMENT DEPARTMENT REPORT — DECEMBER 2013 Attached is data for the Planning, Building, and Code Compliance Divisions for the month of December 2013: • Exhibit A — Planning Division monthly reports outlining the 21 new cases in process by staff and 9 plan checks. • Exhibit B — Building permit statistics showing year-to-date building permits issued and building permit valuation. Year -to -Date 2013 2012 Building Permits 1442 1329 Issued Total Valuation $57,338,590 $54,347,585 (dollars) • Exhibit C — Code Compliance statistical report showing 33 initiated cases, 47 completed cases, and 129 garage sale permits processed. • Exhibit D — Animal Control statistical report identifying that 138 cases were handled by the division. Attachments 227 a F- m x w Z m 0 0 (Y) w O > (r N Q ~ w C7 w m Z w Q Q Z J w Q Q w Z O a m U Un w Un UA Q L Y _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0 _0Q W 0 ai ai ai ai ai ai ai ai ai ai ai ai ai ai ai ai ai ai ai ai E E E E E E E E E E E E E E E E E E E E O w Z i 0 U) U) U) J Q o- o o- o- o o- W- o o- o r- o o o� a m N o Z Q N Z J O � W O W O N U a E _0 Z - +' � C O U O a O (B E � fA a� ' C LU a a M i Q 0 a a) a) fn O c +� Q U) O Ll E cc a Q Q E m a>i E U °i °�' + c 0 a c m 0 Q w c ai cB a c O cn m O > +' O M E a >, O c c o a a O E -FoQ > Z >> _ Q O_0 O O O O v 0 cB cB Q O 0 Q c>> cB c c c-0= c aD (D c c E c .O c Q O O c 0 0 O �_ + -+ O O O— 0 0 Q U Q w i- (D a Un U) Un U) �> N N Un m F— x W O� N m M O ;1- n m Ln 110 Ln Ln M V I� N 110 m m ;I- M ;I- M ;I- m Ln LA ' rl C O O N n ;I- N 110 ;1- n O O 0 O (A N O N Ln ,--i l0 N N ,- i 0 N L M m N M O N N ;1- O O ,-i Ln W l0 r-I co N O M Ln co i M M rl rl m Ln ;I- w ,--i l0 N N n ;I- ,--i N LA O m O O N;1- 0 ,-i O N O co M ,� E m M M Ln M Ln N N ,--I Ln O Ln N U. LA'> LA O O .� I'O O N M m .� � O m m .--I O Ln N O Ln 110 M Ln M pp ; ,-4 C ^ l0 l0 N GO ,-I M Ln N l0 ;I- M ,--I LA Is O (A m ,--i M ,--i Ln 110 N Ln N M O N n G1 L.N M N Ln ;1- O m ,� N O l0 O M N l0 ;I-N N w Ln ,--� co M rl ~ M Ln M N I� ,--I l0 M ,--� 'a > LA LA 0;1- o m m m m N Ln M m m N t31 00 c0 O� ,-i N ,-i ,-i I'O m co c0 }=+ H N N Ln N Ln N O w w w O L. (A ri rl U. N N O M N O M m ,1 O N N Ln N N N M Ln ;I- N 110 C Ln M LA LA O N N N M Ln Ln Ln M N M co > 00 fC + L. M ,--i m ,--i N m Ln N co N w p N N 110 Ln m M i LA LA rl N 00 m O O N Ln N ;I- n O M M l0 M O ;1- Ln M Ln 'i ; � rl rl rl rl rl rl rl rl rl rl 3 N 110 Ln 110 co 110 co N co co O L (A 0 0 U. = L L L fC O iC •L L (� -w E O V �L �' i �' 01 fl. ++ ! fC E O m m= 3 3 3 V O w p L n U. x Q n n Q cA O Z C >. V C7 • 'n O w 0 C) 0 (D ,4 M M 0 M c, 'r w C} m O C> t- 0 ff) m r 0 0 0 CD m 1-1 0 w 1-4 1-1 r- C> C, C> 0 H,) C� co m a at c> N a CD cl 0 co O'> W %D M 'n at -I r- (V I'D M to CD w m w Ln Nm co N CD 1-4 0 1-4 rn er 14 a 4 tv) cq zr 11 tl- C12 a a 0 eA cr 0 -A " W Ln O 0 M 0cr k w in 14P O r- tat cq CD CII r4 C) rl a Ln O CN CIQ E- lw -13' co r- w r- r- rn en 11 Ln m r- to rt aco m n Ln o cD N -' .4v 'r 0 CN r- In m -i of m r- cli co CD r, e4 N C14 In to 0 C) O 0 C:o N%D cN r, 0 OD -.11 CV CD P C> a 0 CO -I CO cv IN lr H CD 1-4 rPJ 4 (D CO 0 CD CF N kD 11 r- IV CO C- "-4' Co a Co PA 0% 4 -A co c> r® M r- C3 &I U) -4 C> (D 0 f 0 Cj -I N cq C> co cl o m etz c> mm G� c� r- .r (:) co m w o a% w • e o w Lnsr cp r- . . . . . . . . . . . . 'A W w a> m In C- m m In co m " IV m r- N Nm In m "r- ­4 C�) " 'n W In ll� CD r- H r- to w " In Hod S' ko m 'N m C. co (N co IV cv r- C9 w m m Cl) co In Hry 0 z car C4 F4 E, W Ex. c> in c> r- tn r- co c:> cD. ,D " co o r- c) r- 1-4 ra 0, 4 rN c) tn tn -.i o cD O 0 r- r^ 0 C> C> E- (n 0.-1 %o o -i c> Ln A Ln co IV 'r .r r- W CD Ln 0 0,4 co aC M CD, tD 0 --1 14 .r � ^w m Ln o CD -I CO M m Ix > %D r- In -I In 14 Ln co C14 C) M %D Na 'q+ co Kc 14 co 14 'A M N rn w H cQ a 0 V4 cf) u I-q E- E - cn p n :E rq c> Ln Ln T" j (N A r o-j 0 co m %D Ln m r- m rq kD Ln CI}0 P'A en C14 H FA a p X F4 :4 W p c> -j j A A A r, c3 c) r- cD c> m w in ,-4 0 fx 0 0 0 FA FA as W E, CO u z 4 F4 0 0 Ix U W. z W � W FA a Ix +-q w Pp 94 jX W 0 E- 0 DI E, X X rn x W 0 Cj Z Z 0 4 w X X -, — N u Ix 0 X a ca 0 w Q cn 0 04 pW C) 0 x u W w m rA u x �q 04 4 W co m H 0 04 K4 :4 X zz UU > U 0 0 a cry , :F- 0 W E, " " U Z 4 .1 41 z :Da Fq 0 arya P4 M , 04 W "W W 0" H gc 0 H U P 00 PQ omno 0 -1 QU H m KC 0 0 gc :4 - 0 0 a L4 -I z 4 J) u W C4 U P 6 X :E 0 0 4 D4 W GC tawta�CFCxcwa�tWaCaWw0W cr co w w m z m :4 P4 0 -1 E. " as -I u w ol C4 r--0 FA 0 0 ol 4 alp, � 94PrXwwwwm III ICI�I MINI I�I`�I IIILO LO M Cam] � Cam] C 00 00 O V mco � V 00 O INM=a ►i©_mr.- l rd=rma m©� 0©� 0© mom mm� o0 mom ©mom o© N O CO LO I— LO I— (9) O (O I� V co � co I— z Cl)H cn C U) c 0 O Q H z W L3 fC � J Z 2 c O H W O W W j z 2 > W H Q �_ c3 W p m 0 H 0 m 0 0 QQ a�i (Oj m W i 0 -p N -p N m -O N Q -O N i7 -O N Q z D Q C( Q Q D Q E W J tf Q E z D n E O 0 0 p 0 (.i 0 0 p 0 0 a (n U N cn U W co U = co U J CD U W > z � m MI IN— I 1- 100 J(D J(D 100 ICI O O O O O O O O � O ('') ('') O N O LO N LO .0 .00 N V CO a0 N O O LO 0 0 0 0 .0 0 V O LO I O N O O V Q i 3 0 4- a) N f3 U DO (N N co � O[— O (D N `o DO O O N V (N O 00 w U � N O N (N O N L U U CF) 70 M O 00 LO (O 0 "=N r �OmOI—O� r_ (n 0 O � 0) O N(D () () N V L U U O a y a W fn W H z O (n W a O a 3 W W W Q w � z M � 0 U J -0 N J Q a a D W a z + 0 O J 11 a�i QW (nwU Q U 0 Q! c N O O z 2 O Q W W U) —i cyC a 00 (7 (7 2 � a a� O O O LD O N O N O V N O I- (co N O V~ 00 ti L(� ( Cp O M V O Ln V N ( W) H N I— Cp V Ln (f N V O N N( V N 00 (6 N U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 > 00 z CO V O 00 CO O Cf) O O M N C) O M VT— 0 0 0 0 r- co N V co CO O U � 0 (0 N O I— LO O CO N O co N a) O CO 0 0— 0 0 0 co O N N CD N. to a 00 LO 0 ) N O 00 co O O N O(N LO I� O(N N O N 0 0 0 0�� I� O co 0 0� IT i Q co N N N I— � I— O co � I� (D0p IT O O O � O(D� � N co O cn I� N O F.1 7 0 O I— O O LO CO O N N V O N O 0 0 0 0 a� LO N CO LO to � N � � 1� A D N 0 0 LO a) O LO CO O N-N LO O N. O N 0 0 0 0 N CD N co O CDN CDW) to 0 L 00 (n 0) co 0 000 N O a) O CDM CD N CD M N— O O O O V 0 C) O— O m � O N N N O M LO Q (D LO O 00 O (D CO O C) N (DN— 0 0 0 0 I� O co O— co Lo � M M I� O co O LO CO O I— 00 CDIT CO- O co CO N N m O O O N 0 N N���to � N LN IT O CO LO O N O M co N I— M O O N toI— co N COCO(O y N O I� V O O'T NOO � O OOOOON 0) 00O COM N- O) H H H Q H > ++ O O O O E W Q y fn c c c Y c N J y (D = (D a -Fu � > y c o y c� i N a i y Z °D E U ++ O N C LC Q C m C (Dc� i� O U o-0 (D o-0 aD c (D(Dc a)o c fn O Q Q U Z J > 0 d 21 > > Q> Q> Q F- o—> y O o c O of LL -0i� 0— o J y Q p 0 U) 0 0 0 N 0 0 0 Q 0 0 c� W E a� o y a� H y cn.voi E o cv z 0 U O H V m Q U> N � 0 0 H 0 0 z Q � 0 H cc a Z 5; � Department Report: D 6 �,t•Gy ��5w OFT1 TO: Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: December 17, 2013 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT FOR NOVEMBER 2013 1. Public Works staff and Willdan Financial Services (Landscape and Lighting District consultant) have completed a series of community workshops and meetings involving north La Quinta homeowners. The intent was to gage interest in improving/enhancing the parkway and entrance landscaping at the perimeter of 11 neighborhoods in north La Quinta. The landscaping is currently maintained by the City at the City's expense. Before any recommendations can be made to the City Council regarding an assessment district and ballot, staff will be working with Willdan on a mail -in survey that will be delivered to approximately 1,600 homeowners. If returned surveys indicate that enough interest exists in forming an assessment district, staff will schedule City Council consideration of proceeding with an assessment district for January or February 2014. 2. For the month of November, the total for all maintenance expenditures was $57,503.89 with street sweeping, graffiti removal, debris removal, and irrigation work being among the highest tasks in terms of cost. Public Works maintenance workers recorded 970 task hours associated with this work. A detailed breakdown of tasks and associated costs is presented in the attached pie chart (Attachment 1). 3. Granite Construction, the contractor for the Adams Street Bridge Improvement project, is substantially complete with the construction. Granite is currently working on punch list items. A ribbon cutting ceremony was held on December 4, 2013 at the Kohl's parking lot. Progress on the project is being tracked on the Adams Street Bridge Project Facebook page. 233 4. Work on the Miscellaneous Americans with Disabilities Act (ADA) Improvement project is now substantially complete. The work included ADA upgrades to the following City facilities: La Quinta Park, Civic Center Park, and La Quinta Library. Improvements included: installing park benches and compliant drinking fountains; constructing wing walls to protect water fountains; mounting compliant signage on buildings; and installing and/or adjusting restroom and door accessories. 5. The Washington Street and Highway 111 Intersection Improvement project is substantially complete. The contractor is completing the traffic signal wiring. Acceptance of this project will be brought before City Council for consideration in February 2014. 6. A ground breaking ceremony was held on December 9, 2013 for the Fred Waring Drive Widening project. The project is being led by the County of Riverside, but will involve work on the La Quinta side of the street between Adams Street and Dune Palms Road. Work is anticipated to start in mid - January 2014 and take approximately seven months to complete. 7. Design work has commenced on the La Quinta Health and Wellness Center expansion design/build project. Preliminary plans will be brought before City Council for approval on January 21, 2014 in order to start construction in early April 2014. The Design/Build contract calls for work to be completed in early 2015. Attachment: 1 . Total Maintenance Cost pie chart 234 ATTACHMENT 1 u 00 — N 9A O N 4^ 01 U 0 2 L 00 00 CL, M c Lrf F G f jr,. L pt n ZA M O Q wV 0! iI F G ba C V a m V [Y1 00 r! 00 LA 4a E c, m 3 P4 a� c+ c ri 0 7 CD N N 4.i �.{ C a u m V u 2 Vi m G E NJ C C f4 t � J 4 41 00 0 p = Kf oN C i+ C C M u o o 7 CC1 _1 0) Ln o w V-1 ri O t1} +L+ Ol L7 o Y o m LL am a m M "T Ln CL LA of r. a r-I 3 `4 4-1 w 6D 00 M O 4* i O M L W ca O %AR `AI: AI^" aAAt At rqr -7(ao 13 C4� December 17, 2013 r c w o Honorable Don Adolph, Mayor p, City Council Members c o Linda Evans, Kristy Franklin, Terry Henderson, Lee Osborne Re: Closed Session Items 1. & 2. w A R T S LL Business Item 2. [RESOLUTION 2013-060] Dear Mayor Adolph and Council Members, Several agenda items on the December 17, 2013 City Council Meeting deal with consideration of future expansion of Old Town La Quinta and development of SilverRock Resort. La Quinta Arts Foundation understands and respects the need for development in our City to generate revenue to support our quality of life and demand for services. We also know that council and staff are well aware that the reduction and eventual elimination of parking for La Quinta Arts Festival and Art Under the Umbrellas will have a direct impact on our ability to maintain and grow these important art and hospitality events that help generate revenue, feed our local businesses and enhance our brand as the #1 Art and Culture destination in the desert. We understand and support progress for our city. We are writing this and appearing tonight because we'd like to work together to ensure a thoughtful and timely transition for the Festival and develop a shared vision for the future of arts and culture in our city, including securing workable, sustainable venues with supporting infrastructure for our major events. It has been suggested that SilverRock Resort may eventually accommodate La Quinta Arts Festival. While SilverRock Resort may provide the ultimate location as a home for the festival, the timing of the Village expansion and SilverRock development seemingly do not coincide to provide interim solutions and successful transition. To that end, we hope Council will consider assigning a task force of city staff and developer representatives to work with representatives of LQAF to address ways we can minimize the potential impacts to our shared customers and patrons. We also request LQAF be included in the conversation and planning on specific needs and opportunities related to SilverRock so we can finalize a shared future direction. We hope you will consider our request to work with our board on a shared pathway forward. Working together we believe that La Quinta Arts Foundation programs and events can continue to grow and prosper in the City of La Quinta. Sincerely, �L-AQUINTA ARTS FOUNDATION �/ "t+ wwoo Phillip Waller, Chairman Jim Parrish, Secretary Ph (760) 564-1244 Fax (760) 564-6884 I www.LQAFcom I 78150 Calle Tampico, Suite 215, La Quinta, CA 92253