2014 03 04 CCCity Council agendas and staff reports
are now available on the City's web
page: www.Ia-quints. org
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, MARCH 4, 2014
3:30 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
1 . 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 OWNER/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
CITY COUNCIL AGENDA 1 MARCH 4, 2014
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
PAGE
1. LIBRARY AND MUSEUM QUARTERLY REPORT FOR OCTOBER 5
THROUGH DECEMBER 2013
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1 . MINUTES OF FEBRUARY 18, 2014 11
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1. APPROVE DEMAND REGISTER DATED MARCH 4, 2014 19
2. EXCUSE COMMISSIONER KEVIN MAEVERS' ABSENCE FROM 37
THE FEBRUARY 20, 2014 HISTORIC PRESERVATION
COMMISSION MEETING
3. EXCUSE COMMISSIONER PEGGY REDMONS' ABSENCE FROM 39
THE FEBRUARY 20, 2014 HISTORIC PRESERVATION
COMMISSION MEETING
4. APPROPRIATE FUNDING AND AWARD A CONTRACT TO 41
PACIFIC WEST INDUSTRIES, INC. FOR REPLACEMENT OF
HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS 1
AND 2 AT CITY HALL
5. ADOPT A RESOLUTION TO APPROVE A PURCHASE AND SALE 47
AGREEMENT WITH MALIA MONROE FOR THE SALE OF CITY
PROPERTY LOCATED AT 51351 AVENIDA BERMUDAS
[RESOLUTION 2014-0081
CITY COUNCIL AGENDA 2 MARCH 4, 2014
BUSINESS SESSION
PAGE
1 . APPROVE OF PILLARS OF THE COMMUNITY NOMINATIONS 83
2. FORMATION AND APPOINTMENT OF TWO COUNCILMEMBERS 95
TO AN AD HOC COMMITTEE TO REVIEW COMMUNITY SERVICE
AND MARKETING GRANT
3. APPROVE MID -YEAR BUDGET FOR FISCAL YEAR 2013/2014 97
STUDY SESSION
1 . DISCUSS BUS SHELTER PLAN FOR HIGHWAY 111 104
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. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin)
6. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin)
7. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin)
8. CVAG PUBLIC SAFETY COMMITTEE (Henderson)
9. CVAG TRANSPORTATION COMMITTEE (Henderson)
10. LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson)
1 1 . RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson)
12. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne)
13. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne)
14. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Osborne & Franklin)
15. CVAG EXECUTIVE COMMITTEE (Adolph)
16. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Adolph)
17. SUNLINE TRANSIT AGENCY (Adolph)
18. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Adolph)
DEPARTMENT REPORTS - NONE
MAYOR'S AND COUNCIL MEMBER'S ITEMS
CITY COUNCIL AGENDA 3 MARCH 4, 2014
PUBLIC HEARINGS - NONE
ADJOURNMENT
The next regular meeting of the City Council will be held on March 18, 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 February 28, 2014.
DATED: February 28, 2014
SUSAN MAYSELS, City Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
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 4 MARCH 4, 2014
PRESENTATIONS: 1
La Quinta Public Library Quarterly Report
October 2013 — December 2013
C_irci flatinn
The Library, open 689 hours in the second quarter of Fiscal Year 2013/2014,
circulated 54,576 items, averaging 79.2 items per hour.
eBook Circulation
In an effort to find more ways to offer items to the public, the Library has a
growing collection of eBooks and is encouraging patrons to check them out on their
mobile devices. Technological classes are being offered to assist patrons in doing
this. Approximately 1,000 eBooks were downloaded by La Quinta patrons.
I)nnr ('_mint
44,979 people visited the Library to check out materials, read newspapers and
magazines, utilize the Internet service, attend programs, do homework, and
purchase books from the Friends of the Library Book Store.
New Borrowers
Staff issued 546 new Library cards and had 29,962 active borrowers.
Public Computer Usage
7,428 computer sessions were logged on the Library's 28 public access computers.
Additionally, many patrons enjoy the Library's free Wi-Fi service with their personal
laptops.
Weekly Programming
A Tuesday Preschool Storytime for children 3'/2 to 5 years old was held 14
mornings during the quarter. A total of 507 children attended.
Weekly On -the -Lap Storytime for parents with babies and toddlers was held prior to
the Preschool Storytime, and was attended by 817 participants.
Two new technology programs were introduced allowing patrons to learn how to
use their mobile devices such as iPhones or Kindles. The Library held four eBook
classes with a total of 20 participants. The second program offered one-on-one
help to patrons with any device (mobile or tablet) in which they experience
difficulties. These were held four times a week for a total of 12 sessions.
Beginner computer classes were offered, with 10 people in attendance.
Monthly Programs
The Library offers a Family Movie Day on the second Sunday of each month.
During this quarter, 62 people attended the three movies.
Special Programs
On October 27, 2013, the Library held its fourth Day of the Dead event. This
cultural event was celebrated with music, food, crafts for children and altars
honoring the lives of great leaders. Approximately 450 people attended this
Sunday afternoon program. This is an increase of 33% over last year's Day of the
Dead program.
Special No -School Movies occur on weekdays when the Library is open but
students are out of school. Attendance for two movie days was 43.
Vnhintppm
16 volunteers donated 272 hours of time. Volunteers worked in the book store,
shelved returned books, helped with programs, and performed a myriad of other
tasks.
Friends of the Library
The Friends of the Library continue to offer support in all areas. The Friends
supported both of movie days as well as the Day of the Dead program. Their
consistent support allows staff to show movies to the public by funding the movie
license, and other program costs and outreach costs. With the Friends' volunteer
help, the Library was able to participate in the 7t" Annual Fall Family Festival in
November hosted by About Families, Inc. wherein over 200 people visited the
Library's booth to learn more about programs offered to families.
Networking with Other City Agencies
The Library provided a monthly preschool story time at the Museum on the first
Wednesday of the month.
Circulation Statistics
Comparisons
2007
2008
2009
2010
2011
2012
2013
October
10,191
17,191
20,073
21 ,1 14
21,799
23,024
18,457
November
10,140
16,839
19,343
20,879
20,111
22,601
18,456
December
3,844
16,164
21, 531
19,568
19,339
20,738
17,663
Door Count Statistics
Comparisons
2008
2009
2010
2011
2012
2013
October
17,247
17,630
18,854
19,895
21,373
17,529
November
13,727
15,892
18,463
16,369
16,335
14,189
December
13,772
17,287
16,808
15,457
17,440
13,261
The Circulation and Door Count statistics are lower as a result of the reopening of
the Palm Desert Library.
La Quinta Library Expenditures
July 1, 2013 - December 31, 2013
Library Contract
Expenditures (LSSI)
7/1 /13 to
9/30/13
10/1 /13 to
12/31/13
1 /1 /14 to
3/31/14
4/1 /14 to
6/30/14
Total
Labor & Benefits
$94,730.44
$83,040.41
$177,770.85
Collection/Books
$47,570.96
$47,570.96
Automation & Courier
$12,877.68
$1 1,847.91
$24,725.59
Other Direct Costs
$1,645.79
$3,133.17
$4,778.96
Zone Administration
$2,406.63
$2,790.77
$5,197.40
Shared Costs
$4,525.53
$4,345.38
$8,870.91
Library Contract
Expenditures
$116,186.07
$152,728.60
1
1$268,914.671
County Expenditures
7/1/13 to
9/30/13
10/1/13 to
12/31/13
1/1/14 to
3/31/14
4/1/14 to
6/30/14
Total
Personnel
$1,984.74
$2,399.51
$4,384.25
Insurance
$8,986.42
$992.72
$9,979.14
Miscellaneous
Expenses
$54.43
$17.56
$71.99
Special Program
Expenses
$679.01
$504.73
$1183.74
Accounting Costs
$92.77
$139.03
$231.80
Travel and
Conferences
$13.43
$24.74
$38.17
Support Services
$1 1,749.93
$49,981 .71
$61,731 .64
lCounty Expenditures
$23,560.73
$54,060.00
-t
$77,620.73
TOTAL
EXPENDITURES
$139,746.80
$206,788.60
$346,535.40
La Quinta Museum Quarterly Report
October 2013—December 2013
Visitors
1,671 people visited the Museum this quarter - including 128 children. Attendance
increased 25% over the same quarter from the previous year.
Exhibits
Over 300 people attended the opening of Creativity in La Quinta — Take Two in
October, which showcased the imaginations of 31 talented La Quinta artists in the
galleries upstairs.
The first floor gallery remained dedicated to local history including Cahuilla Indian
and native animal dioramas as well as displays on the La Quinta Hotel and the
Desert Club.
Programming
Creative Friday craft programs continued as an adjunct to the Creativity exhibit.
Classes were held every other Friday and emphasized reusing and recycling objects
into something useful.
Nazim Ozel played his 12 foot musical instrument, a tree that was included in the
Creativity exhibit, for two performances.
An artists' Open Studio Tour was held in November with 180 in attendance.
The first First Friday event of the season was a talk given by local hiking expert
Philip Ferranti about hiking in the La Quinta area.
Preschool Story Time for children ages 3 to 5, held the first Wednesday of each
month, was attended by a total of 72 children and their caretakers.
Gift Shop
Total gift shop sales this quarter were $2,526 — up 36% from the same quarter the
previous year.
La Quinta Museum Expenditures
July 1, 2013 - December 31, 2013
Museum Personnel
7/1/13 to
10/1 /13 to
1 /1 /14 to
4/1/14 to
Costs
9/30/13
12/31/13
3/31/14
6/30/14
Total
Salaries
$29,625.00
$29,625.00
$59,250.00
Total Personnel
Costs
$29,625.001
$29,625.001
$59,250.00
Museum
Programming Costs
7/1/13 to
9/30/13
10/1/13 to
12/31/13
1/1/14 to
3/31/14
4/1/14 to
6/30/14
Total
Special Speaker
$2,684.50
$2,684.50
Printing
$206.00
5114.29
$320.29
Total Programming
Costs
$206.00
$2,798.79
$3,004.79
Other Costs
7/1/13 to
9/30/13
10/1/13 to
12/31/13
1/1/14 to
3/31/14
4/1/14 to
6/30/14
Total
Travel
$ 29.38
$ 29.38
Supplies
$1,153.1 1
$3,401 .52
$4,554.63
Gift Shop Supplies
$581 .32
$2,640.71
$3,222.03
Miscellaneous
$1,543.00
$1,543.00
Total Other Costs
$1,734.43
$7,614.61
$9,349.04
TOTAL
EXPENDITURES
$31,565.43
$40,038.40
$71,603.83
iN
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 18, 2014
A regular meeting of the La Quinta City Council was called to order at 3:30 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 51351 AVENIDA
BERMUDAS (THE FORMER VILLAGE POLICE SUB -STATION). PROPERTY
OWNER/NEGOTIATOR: MALIA MONROE
COUNCIL RECESSED TO CLOSED SESSION AT 3: 31 P. M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:00 P.M.
WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN INCLOSED SESSION
THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION
54957.1 (BROWN ACT).
Mayor Adolph led the audience in the pledge of allegiance.
PUBLIC COMMENT-- None
CONFIRMATION OF AGENDA
Councilmember Franklin requested that the order of the two Public Hearing items
be switched. Councilmember Henderson requested that Consent Calendar Item No.
3 be pulled for a separate vote. Council concurred.
PRESENTATIONS — None
WRITTEN COMMUNICATIONS — None
CITY COUNCIL MINUTES
FEBRUARY 18, 2014
is
APPROVAL OF MINUTES
MOTION — A motion was made and seconded by Councilmembers Evans/
Henderson to approve the minutes of February 4, 2014 as submitted. Motion
passed unanimously.
CONSENT CALENDAR
1. APPROVE DEMAND REGISTER DATED FEBRUARY 18, 2014
2. ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO.
31202-4, RANCHO SANTANA
3. Pulled by Councilmember Henderson for a separate vote > > >APPROVE
SECOND REQUEST TO EXTEND COMPLIANCE DEADLINE BY TWO YEARS
FOR AGEDA CAMARGO
4. APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE,
ADVERTISE FOR BID THE SPORTS COMPLEX LIGHTING, REHABILITATION
AND EXPANSION IMPROVEMENTS PROJECT, AND AUTHORIZE
ADVANCED PURCHASE OF EQUIPMENT
5. APPROVE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND
ADVERTISE FOR BID PHASE II PUBLIC FACILITY IMPROVEMENTS TO
COMPLY WITH AMERICANS WITH DISABILITIES ACT PROJECT
6. ADOPT RESOLUTION TO APPROVE THE CITY'S PARTICIPATION IN THE
COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE PROGRAM
[RESOLUTION 2014-0041
7. ADOPT RESOLUTION TO OBTAIN FEDERAL FINANCIAL ASSISTANCE FROM
DEPARTMENT OF HOMELAND SECURITY SUBGRANTED THROUGH
CALIFORNIA OFFICE OF EMERGENCY SERVICES [RESOLUTION 2014-0051
MOTION — A motion was made and seconded by Councilmembers Evans/Franklin
to approve the Consent Calendar Item Nos. 1-2 and 4-7 as recommended with Item
Nos. 6 and 7 adopting Resolution Nos. 2014-004 and 2014-005 respectively.
Motion passed unanimously.
Consent Calendar Item No. 3
Councilmember Henderson requested clarification of the sentence in the staff
report that says: "...staff seeks Council authorization to take the necessary action
to gain compliance if the subject property is transferred (either through sale or
CITY COUNCIL MINUTES
FEBRUARY 18, 2014
2
Ida
death) prior to the expiration of the two years." City Attorney Jenson explained
that in 2009, a document was filed against the property that requires it to be
brought into compliance with city code within 90 days of a triggering event such
as a sale or transfer of title. Ms. Henderson expressed concern that this violation
has existed for years and should not be continued.
MOTION — A motion was made and seconded by Councilmembers Evans/Franklin
to approve the second request to extend Ageda Camargo's deadline by two years
to bring into compliance the illegal unpermitted garage conversion on her property.
Motion passed: 4 ayes, 1 no (Henderson).
BUSINESS SESSION
1. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PALMER DESIGN
GROUP FOR SILVERROCK GOLF COURSE RESTORATION
Public Works Director Jonasson presented the staff report, which is on file in the
City Clerk's office.
Mayor Adolph relayed a conversation he had with Arnold Palmer regarding the
course renovation.
Councilmember Franklin cautioned staff to closely monitor RBF engineering firm to
avoid cost overruns and mistakes.
MOTION — A motion was made and seconded by Councilmembers Osborne/Franklin
to approve a professional services agreement with Palmer Design Group for
SilverRock golf course restoration services. Motion passed unanimously.
2. SUPPORT CALIFORNIA SENATE BILL 69, ASSEMBLY BILL 1521, OPPOSE
HOUSE RESOLUTION 29 AND DIRECT STAFF TO DEVELOP LEGISLATIVE
POLICY POSITIONS
Chris Escobedo, Assistant to City Manager, presented the staff report, which is on
file in the City Clerk's Office.
Councilmember Henderson explained the importance of these actions.
Councilmembers discussed the effectiveness of general legislative policy positions
and the Brown Act requirement for public discussion of any item that a majority of
Councilmembers take a position on by signing their name in agreement or
opposition.
CITY COUNCIL MINUTES 3
FEBRUARY 18, 2014
13
City Manager Spevacek noted that a legislative policy paper from Council would
assist staff in their positions as representatives of the City on various regional
boards.
MOTION — A motion was made and seconded by Councilmembers Evans/Franklin
to (1) support California Senate Bill 69, (2) support Assembly Bill 1521, (3) oppose
House Resolution 29, (4) direct staff to prepare the support/oppose letters for
signature by all five Councilmembers, and (5) direct staff to develop a legislative
policy position guide for Council approval. Motion passed unanimously.
STUDY SESSION
1. CLASSIFICATION SYSTEM UPDATE
Consultant Cindy Henson, Community Services Director Hylton and Human
Resources/General Services Manager ("HR Manager") Deeringer presented the staff
report, which is on file in the City Clerk's office.
In response to Councilmember Evans, HR Manager Deeringer said that in meetings
with employee panels, it has been explained that if a vacancy occurs, qualified
employees are encouraged to apply, and the city would provide training and
developmental opportunities for them to gain the skills that will make them a viable
candidate for promotion. Regarding the employee association, the Officers have
been happy to be included in the classification process, they had input regarding
which cities and which positions would be surveyed for salary data, and all
concerns brought forward by employees have been addressed. She noted that
some employees are reserving judgment until the salary survey is overlaid. The
association has been told that salaries will not be decreased in response to survey
results, but will be Y-rated (frozen), and for others, an upward adjustment may be
considered. The 360-performance evaluation tool has been discussed for
supervisors, managers, and directors but not entry level positions and staff
anticipates creating models for evaluating performance within each of the five
bands. Ms. Deeringer said that greater flexibility in hiring will result from the broad
bands and since the survey data was collected from area cities, La Quinta's salaries
will be in line with the market.
Councilmember Henderson said that cities are moving in this direction and city
managers are excited to hear La Quinta's presentation on the subject at the
November conference. Ms. Henderson believes La Quinta is on the forefront of this
change and it is one that will allow cities to operate better. She complimented
every member of staff for participating and reserving judgment until all the
information is known.
CITY COUNCIL MINUTES 4
FEBRUARY 18, 2014
14
Councilmember Osborne requested that the salary survey be sent to
Councilmembers well in advance of the meeting at which it will be discussed so
that they all have time to fully digest it.
In response to Councilmember Franklin, Ms. Deeringer provided examples of the
position titles that would be in each band.
In response to Mayor Adolph, Ms. Deeringer said that performance reviews will
continue to be done once per year.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2014, Councilmember Evans reported on her
participation in the following organizations meeting:
• CVAG CONSERVATION COMMISSION
• CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
La Quinta's representative for 2014, Councilmember Henderson reported on her
participation in the following organizations meeting:
• LEAGUE OF CALIFORNIA CITIES DELEGATE
La Quinta's representative for 2014, Mayor Adolph reported on his participation in
the following organizations meeting:
• SUNLINE TRANSIT AGENCY
Councilmember Osborne requested a copy of the survey done by the Coachella
Valley Association of Governments regarding Transient Occupancy Tax charges in
the area.
DEPARTMENT REPORTS
Department Reports were received and filed. Copies are on file in the City Clerk's
Office.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Adolph announced that Indio Mayor Mike Wilson called a meeting of the
east valley mayors. Mayor Adolph will attend and report back.
THE CITY COUNCIL RECESSED AT 5: 01 P.M. TO THE MEETING OF THE
SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY
FOLLOWED BY THE FINANCING AUTHORITY AND THE HOUSING AUTHORITY
MEETINGS
CITY COUNCIL MINUTES 5
FEBRUARY 18, 2014
M
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 5:07 P.M.
WITH ALL MEMBERS PRESENT.
PUBLIC HEARINGS
ORDER OF PUBLIC HEARING ITEMS SWITCHED BY COUNCIL
2. ADOPT RESOLUTION TO APPROVE TENTATIVE MAP 36539-R, A
REVERSION TO ACREAGE TO CONSOLIDATE PARCEL MAP 29052
[RESOLUTION 2014-0071
Principal Engineer Wimmer presented the staff report, which is on file in the City
Clerk's Office.
Councilmembers received clarification regarding events that would trigger new
developer conditions and requirements and the owner's continued storm water and
dust control responsibilities.
Mayor Adolph declared the PUBLIC HEARING OPEN at 5:14 p.m.
Public Speaker: Greg Bever, Rancho Mirage, the property developer answered
Councilmembers questions regarding the future development of the property.
Mayor Adolph declared the PUBLIC HEARING CLOSED at 5:1 7 p.m.
MOTION - a motion was made and seconded by Councilmembers Henderson/Evans
to adopt RESOLUTION 2014-007 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE MAP 36539-R, A REVERSION
TO ACREAGE TO CONSOLIDATE PARCEL MAP 29052 SUBJECT TO
THE ATTACHED FINDINGS AND CONDITIONS OF APPROVAL
CASE NO.: REVERSION TO ACREAGE RA 1 2-006 (36539-R)
APPLICANT: BLP DESERT, LP AND BL 2, LP
Motion passed unanimously.
1. ADOPT RESOLUTION TO VACATE A PORTION OF A PUBLIC UTILITY
EASEMENT LOCATED AT PGA WEST SIGNATURE PROJECT, EAST OF PGA
BOULEVARD [RESOLUTION 2014-0061
Mayor Adolph and Councilmember Franklin announced that they have a conflict of
interest with Public Hearing Item No. 1 due to the proximity of their residences to
this location and left the dais during discussion and vote.
CITY COUNCIL MINUTES 6
FEBRUARY 18, 2014
ill
Principal Engineer Wimmer presented the staff report, which is on file in the City
Clerk's Office.
Mayor Pro Tem Osborne declared the PUBLIC HEARING OPEN at 5:22 p.m.
Public Speaker: None
Mayor Pro Tem Osborne declared the PUBLIC HEARING CLOSED at 5:22 p.m.
MOTION — a motion was made and seconded by Councilmembers Evans/Henderson
to adopt RESOLUTION 2014-006 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, VACATING A ± 85,072 SQUARE FOOT PORTION OF A
60-FOOT WIDE PUBLIC UTILITY EASEMENT EAST OF PGA
BOULEVARD - CASE NO. RW-V 2014-001
Motion passed:
ayes: Councilmembers Evans, Henderson, Mayor Pro Tem Osborne
noes: None
abstain: None
absent: Councilmember Franklin, Mayor Adolph
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Henderson/Evans to adjourn at 5:24 p.m. Motion passed: 3 ayes,
0 noes, 2 absent (Adolph, Franklin).
Respectfully submitted,
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 7
FEBRUARY 18, 2014
rA
18
CITY / SA / HA / FA MEETING DATE: March 4, 2014 AGENDA CATEGORY:
ITEM TITLE: APPROVE DEMAND REGISTER DATED BUSINESS SESSION:
MARCH 4, 2014
CONSENT CALENDAR: 1
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Demand Register dated March 4, 2014.
EXECUTIVE SUMMARY:
None.
FISCAL IMPACT:
Demand of Cash: -- City $ 2,377,930.01
-- Successor Agency of RDA $ 0.00
-- Housing Authority $ 0.00
-- Housing Authority Commission $ 0.00
RArK(;Rni min/ArmAi Y.qIq-
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:
102246 - 1023361
1023371
Voids}
Wire Transfers}
P/R 36946 - 369501
P/R Tax Transfers}
102173 — 1022451
$ 1,253,363.86
$ 20,687.18
$ 0.00
$ 277,587.44
$ 136,362.62
$ 34,322.17
$ 655,606.74
$ 2,377,930.01
Ill
The most significant expenditures being paid on the demand registers listed above are
as follows:
Significant Expenditures:
Vendor: Account Name: Amount: Purpose:
Riverside Co. Sheriff Various $984,803.55 Police Services
1 1 /14/14 — 12/1 1 /14
Coachella Valley Water Design $176,995.29 SilverRock Canal
Landmark Golf Mgmt. Various $167,436.65 SilverRock Operations
2/1 /14 — 2/15/14
Hayward Tilton & Rolapp Earthquake/Flood $103,922.40 Earthquake Insurance
2/7/14 — 2/7/15
ALTERNATIVES:
The City Council may approve, partially approve or reject the register of demands.
Report prepared by: Sandra Mancilla, Account Technician
Report approved for submission by: Patrick Griffin, Interim Finance Director
Attachments: 1 . Wire transfers
2. Demand Register
M11
CITY OF + QUINTA
BANK TRANSACTIONS
trrcr.IWTI 10 ar■111ar.ay.1IImM,MA
I tell L i i-
$27,26.0
$41,718.68
$7,284.51
$ 7 .0
$1,10 , 5
PA
PAa
Demand Register
City Of La Quinta, CA Packet: APPKT00092 - SHIM /14/1
Vendor Name
Payment Number
Payment Date
Payable Description
Account Number
Amount
Fund: 101- GENERAL FUND
ALSCO INC
102246
02/14/2014
UNIFORM RENTAL EOM 1/24
101-7003-60690
89.05
ALSCO INC
102246
02/14/2014
UNIFORM RENTAL EOM 1/31
101-7003-60690
89.05
ALSCO INC
102246
02/14/2014
UNIFORM RENTAL EOM 2/7/
101-7003-60690
89.05
ALTEC
102247
02/14/2014
SUPPLIES -CHECKS
101-1006-60410
24&46
AMERIPRIDE SERVICES INC
102248
02/14/2014
JANITORIAL EOW 2/6/14
101-3002-60115
64.97
ATLAS AWNING & SCREEN IN
102250
02/14/2014
REFUND
101-0000-42400
298.94
BOPP, RENAE
102251
02/14/2014
REFUND
101-0000-42200
112.00
CALPERS LONG-TERM CARE
102252
02/14/2014
LT CARE/ST SAUVER PR 2/14
101-0000-20949
106.00
CANON FINANCIAL SERVICES
102253
02/14/2014
FEB-CONTRACT CHARGE
101-1007-60662
1,572,94
CHECKMATE TELEPHONE EX
102255
02/14/2014
JAN-ANSWERING SVC
101-6004-51070
179.37
CIGNA HEALTH CARE
102256
02/14/2014
FEB-DENTAL INSURANCE
101-0000-20943
6,721.43
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-2002-61200
689.37
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-3004-61200
184.15
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-3005-61204
66.86
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-3005-61208
21.24
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-3005-61209
314.56
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-3006-61200
102.63
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-3008-61200
27.98
COACHELLA VALLEY WATER
102257
02/14/2014
WATER SERVICE
101-7004-61211
46.70
CONQUEST REAL ESTATE
102258
02/14/2014
REFUND TOT OVERPAYMENT
101-0000-41400
63.29
COOPER, CHRISTINA
102259
02/14/2014
ANIMAL LIC OVERPAYMENT
101-0000-42409
4.00
COUNTS UNLIMITED INC
102260
02/14/2014
TRAFFIC COUNT
101-7006-60145
480.00
DAIOHS FIRST CHOICE SERVI
102261
02/14/2014
COFFEE SUPPLIES
101-1007-60403
157.53
DAIOHS FIRST CHOICE SERVI
102261
02/14/2014
COFFEE SUPPLIES
101-1007-60403
212.15
DAIOHS FIRST CHOICE SERVI
102261
02/14/2014
COFFEE SUPPLIES
101-1007-60403
82.84
DATA TICKET, INC.
102262
02/14/2014
DEC-ADMIN CITATION SVC
101-6004-31190
632.95
DESERT C A M
102263
02/14/2014
COUNCIL MEETING 2/4/14
101-3008-60108
750.00
DESERT FOUNTAIN GAS SUP
102264
02/14/2014
HELIUM RENTAL 1/15/14
101-3003-60149
8.00
DR CONSULTANTS A. DESIGN
102265
02/14/2014
REFUND OVERPAYMENT
101-0000-41600
3.00
DREWES, SUSETTE
102266
02/14/2014
REFUND OVERPAYMENT
101-0000-42409
4.00
ESCATEL-CARRELLO, ELIZABE
102268
02/14/2014
TUITION REIMB-ESCATEL
101-1004-60322
253AIS
FEHR & PEERS
102269
02/14/2014
TRAFFIC SIGNAL TECH 10/26
101-7006-60104
1,905.00
FEHR & PEERS
102269
02/14/2014
TRAFFIC SIGNAL TECH 11/30
101-7006-60104
1,020.00
GRAINGER
102272
02/14/2014
BANNNER BRACKETS
101-3003-60420
67.98
GRAPHTEK INTERACTIVE
102273
02/14/2014
JAN-DIGITAL MARKETING SV
101-3007-60461
3,850,00
GREENUP AIR CONDITIOMN
102274
02/14/2014
REFUND OVERPAYMENT
101-0000-41600
50.00
HENDERSON, TERRY
102275
02/14/2014
LCC REV & TAXATION COMM
101-1001-60320
402.48
HENSON CONSULTING GRO
102276
02/14/2014
PRGM & STAFF DEVELOPME
101-1002-60101
8,837,50
HOLIDAY
102277
02/14/2014
EGG HUNT SUPPLIES
101-3003-60149
576.29
FIR GREEN CALIFORNIA INC
102278
02/14/2014
DEC -PLAN CHECK SVC
101-7002-60183
18,036.25
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3004-61101
2,164.68
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3005-61102
4.11
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3005-61109
3,009,74
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3005-61110
74.90
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3005-61111
8.47
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3005-61113
13.93
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3005-61114
5.19
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECRICITY SERVICE
101-3008-61101
7,844.89
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECTRICITY -SIGNAL
101-7004-61116
5.90
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECTRICITY -SIGNAL
101-7004-61116
29.69
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECTRICITY -MEDIAN
101-7004-61117
6.50
IMPERIAL IRRIGATION DIST
102280
02/14/2014
ELECTRICITY -MEDIAN
101-7004-61117
43.81
INTERNATIONAL MUNICIPAL
102281
02/14/2014
MEMBERSHIP-RODRIGUEZ
101-7006-60320
80.00
2/18/2014 11:39:28 AM - - - - - Page 1 of 7
23
Demand Register
Packet: APPKT00092 - SHIM 2/14/14
Vendor Name
Payment Number
Payment Date
Payable Description
Account Number
Amount
JAS PACIFIC INC
102282
02/14/2014
COMM DEV PLAN CHECK
101-6003-60118
14,982.50
JOHNSTONE SUPPLY
102283
02/14/2014
LIBRARY -HOT WATER
101-3004-60691
8.63
JOHNSTONE SUPPLY
102283
02/14/2014
LIBRARY -HOT WATER
101-3004-60691
151.90
KRIBBS CONSTRUCTION, BR
102284
02/14/2014
VONS FOUNTAIN MAINT
101-7004-60431
800.00
KRIBBS CONSTRUCTION, BR
102284
02/14/2014
ESTADO/DESERT CUB PUMP
101-7004-60431
150.00
KRIBBS CONSTRUCTION, BR
102284
02/14/2014
NEW FOUNTAIN PUMP
101-7004-60431
650.00
KRIBBS CONSTRUCTION, BR
102284
02/14/2014
ESTADO/DESERT CUB MAI KIT
101-7004-60431
850.00
LASALLE LIGHTING SERVICES
102285
02/14/2014
JAN-UNDSCP LIGHTING MAIN
101-7004-60104
6,930.00
LASALLE PAINTING, INC.
102286
02/14/2014
PAINT -LIBRARY FLASHING
101-3004-60691
1,040,00
LASR-INK PALM SPRINGS
102287
02/14/2014
OFFICE SUPPLIES
101-1006-60400
54.95
MAXWELL SECURITY SERVIC
102288
02/14/2014
JAN-SECURITY
101-3008-60123
1%00
MCAULIFFE A COMPANY INC
102289
02/14/2014
CITY HALL SPACE PLAN
101-3008-60108
3,625.81
MCAULIFFE & COMPANY INC
102289
02/14/2014
BUSINESS LIC OVERPAYMEN
101-0000-41600
35.00
MILLER, ILONA
102290
02/14/2014
REFUND
101-0000-42214
30.00
MOYA, DANIEL
102291
02/14/2014
SWELLING ABATEMENT
101-6004-60108
100.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
101-7001-60104
13,625.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
101-7006-60104
375.00
NI GOVERNMENT SERVICES 1
102294
02/14/2014
JAN-CELL PHONES
101-6005-61304
152.10
OFFICE DEPOT
102295
02/14/2014
PAPER
101-1007-60402
144.27
OFFICE TEAM
102296
02/14/2014
TEMP STAFFING WKEND 1/2
101-7004-60125
255.00
OFFICE TEAM
102296
02/14/2014
TEMP STAFFING WKEND 1/2
101-6001-60125
340.00
OFFICE TEAM
102296
02/14/2014
TEMP STAFFING WKEND 1/2
101-6001-60125
408.00
OFFICE TEAM
102296
02/14/2014
TEMP STAFFING WKEND 1/3
101-6001-60125
340.00
OFFICE TEAM
102296
02/14/2014
TEMP STAFFING WKEND 1/3
101-6001-60125
518.50
PACIFIC WEST INDUSTRIES
102297
02/14/2014
HVAC COMPUTER SERVICE
101-3008-60665
326.00
POINTE LARSEN LLC
102300
02/14/2014
REFUND
101-0000-32235
225.00
POINTE LARSEN LLC
102300
02/14/2014
REFUND
101-0000-42413
1,000.00
RAIMO, MARIANNINA
102302
02/14/2014
REFUND
101-0000-42214
34.98
RASA/ERIC NELSON
102303
02/14/2014
PCN 13275 65% COMPLETE
101-7002-60183
1,209.00
RASA/ERIC NELSON
102303
02/14/2014
PCN 13260
101-7002-60183
190.00
RASA/ERIC NELSON
102303
02/14/2014
PCN13295 65% COMPLETE
101-7002-60183
2,561,00
RASA/ERIC NELSON
102303
02/14/2014
PCN 14009 65%COMPLETE
101-7002-60183
1,534.00
RASA/ERIC NELSON
102303
02/14/2014
PCN13147 85% COMPLETE
101-7002-60183
660.00
REED, DAVIS CONSTRUCTIO
102305
02/14/2014
CAUCUS KITCHENETTE
101-3008-60665
2,048.00
REED, DAVIS CONSTRUCTIO
102305
02/14/2014
CAUCUS MEDIA CABINET
101-3008-71021
2,278.00
RIVERSIDE COUNTY FLOOD C
102306
02/14/2014
NPDES-CONSULTANT SVC
101-7002-60104
36,977.21
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60161
603,195A7
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60162
46,200.74
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60163
128,510.27
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60164
40,784.58
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60166
9,709,44
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60167
9,958.40
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60169
66,687.92
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60170
28,624.00
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60171
16,473.60
RIVERSIDE COUNTY SHERIFF
102307
02/14/2014
POLICE SVC 11/14-12/11
101-2001-60172
34,659.13
RIVERSIDE DEPARTMENT OF
102308
02/14/2014
GARN/GONZALES PR 2/14/1
101-0000-20985
200.00
RM LA QUINTA LLC
102309
02/14/2014
REFUND ZL2014-002
101-0000-32255
4.00
ROMERO, AMBER STOUT
102310
02/14/2014
REFUND OVERPAYMENT
101-0000-42409
3.00
SHARK POOLS INC
102311
02/14/2014
LG'S FOUNTAIN FILTERS
101-7004-60189
35.00
SHARK POOLS INC
102311
02/14/2014
HOME DEPOT FOUNTAIN FIL
101-7004-60189
35.00
SHARK POOLS INC
102311
02/14/2014
VONS FOUNTAIN FILTERS
101-7004-60189
35.00
SHARK POOLS INC
102311
02/14/2014
FOUNTAIN FILTERS
101-7004-60189
70.00
SHARK POOLS INC
102311
02/14/2014
ALADDIN BASKETS
101-7004-60189
54.00
SHARK POOLS INC
102311
02/14/2014
JAN-ESTADO/BERMUDAS
101-7004-60189
125.00
SHARK POOLS INC
102311
02/14/2014
JAN-ESTADO/DESERT CLUB
101-7004-60189
125.00
SHARK POOLS INC
102311
02/14/2014
JAN-FONDA/BERMUDA
101-7004-60189
175.00
SHARK POOLS INC
102311
02/14/2014
JAN-LG'S FOUNTAIN
101-7004-60189
68.75
SHARK POOLS INC
102311
02/14/2014
JAN-FONDA/DESERT CLUB
101-7004-60189
150.00
SHARK POOLS INC
102311
02/14/2014
JAN-HOME DEPOT
101-7004-60189
225.00
2/18/2014 11:39:28 AM
Page 2 of 7
24
Demand Register
Packet: APPKT00092 - SHM 2/14/14
Vendor Name
Payment Number
Payment.Date
Payable Description
Account Number
Amount
SILVERROCK RESORT
102313
02/14/2014
JAN-SALES TAX
101-0000-20304
87.00
SILVERROCK RESORT
102313
02/14/2014
JAN-SALES TAX
101-3001-60400
6.00
SILVERROCK RESORT
102313
02/14/2014
JAN-SALES TAX
101-3001-60524
452.00
SILVERROCK RESORT
102313
02/14/2014
JAN-SALES TAX
101-3003-60420
16.00
SKAGGS, BARBARA
102314
02/14/2014
REFUND
101-0000-42214
8.75
SMITH PIPE A, SUPPLY CO
102315
02/14/2014
IRRIGATION MATERIAL
101-7004-60431
48.64
SPARKLETTS
102316
02/14/2014
JAN-WATER
101-7003-60400
153.76
STAPLES ADVANTAGE
102317
02/14/2014
RETURN CREDIT
101-2001-60420
-11.87
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES -TONER
101-6001-60400
176.03
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES
101-7001-60420
232.89
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES
101-7001-60420
50.22
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES
101-1006-60400
21.90
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES
101-7001-60420
43.19
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES
101-7001-60420
79.35
STAPLES ADVANTAGE
102317
02/14/2014
OFFICE SUPPLIES
101-3002-60400
26.54
STEP ONE POS INC
102318
02/14/2014
RECEIPT PAPER
101-1006-60400
8639
STONE, GREGORY
102319
02/14/2014
REFUND TOT OVERPAYMENT
101-0000-41400
27.50
SUNLINE TRANSIT AGENCY
102321
02/14/2014
JAN-BUS PASSES
101-0000-20305
2,545.00
SUNLINE TRANSIT AGENCY
102321
02/14/2014
JAN-BUS PASSES
101-0000-42301
-216.00
TALL MAN GROUP INC
102322
02/14/2014
ADMIN-REAL ESTATE SVCS
101-1002-60101
9,540,00
TALL MAN GROUP INC
102322
02/14/2014
ADMIN-REAL ESTATE SVCS
101-1002-60101
4,007.50
TALL MAN GROUP INC
102322
02/14/2014
ADMIN-REAL ESTATE SVCS
101-1002-60101
8,337.50
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-1007-61300
324.93
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-1007-61300
457,28
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-1007-61300
272.58
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-1007-61300
511.34
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-1007-61300
46.13
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-3001-60184
45A3
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-3005-60554
229.73
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-3005-61204
45A3
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-3006-61300
45.43
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-6005-61300
1,018,64
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-7004-60189
45A3
TELEPACIFIC COMMUNICATI
102323
02/14/2014
TELEPACIFIC 1/23-2/22
101-7004-60189
45,43
TRI-STATE MATERIALS INC
102324
02/14/2014
LANDSCAPE MATERIAL
101-7004-60431
315.90
TRI-STATE MATERIALS INC
102324
02/14/2014
LANDSCAPE MATERIAL
101-7004-60431
315.90
UNITED PRODUCTION TRAM
102325
02/14/2014
REFUND OVERPAYMENT
101-0000-41600
50V0
UNITED WAY OF THE DESERT
102326
02/14/2014
UNITED WAY ED 2/14/14
101-0000-20981
75.00
US DEPARTMENT OF EDUCA
102327
02/14/2014
GARN/HERRERA FIR 1/31/14
101-0000-20985
8.17
VACATION RENTAL COMPLIA
102328
02/14/2014
JAN-STVR
101-1006-60104
3,480,00
VALLEY PLUMBING
102329
02/14/2014
SKATE DRAIN COVER
101-3005-60424
118.80
VERIZON CALIFORNIA
102330
02/14/2014
INTERNET 1/25-2/24
101-1007-61300
79.99
VERIZON CALIFORNIA
102330
02/14/2014
MUSEUM 1/13-2/12
101-3006-61300
147.08
VERIZON CALIFORNIA
102330
02/14/2014
ELECTRICAL SIGNAL
101-7004-61116
5230
VINTAGE ASSOCIATES
102331
02/14/2014
TRAIL BACKFLOW THEFT
101-3005-60423
9186
VINTAGE ASSOCIATES
102331
02/14/2014
LQ PARK VANDALISM
101-3005-60423
35121
VINTAGE ASSOCIATES
102331
02/14/2014
CITY HALL UNDSCP IMPROVE
101-3005-60113
443.53
VISION SERVICE PLAN - (CA)
102332
02/14/2014
FEB-VISION INSURANCE
101-0000-20945
1,275.47
WALTERS WHOLESALE ELECT
102333
02/14/2014
ELECTRICAL MATERIAL
101-7004-60431
46.81
WALTERS WHOLESALE ELECT
102333
02/14/2014
ELECTRICAL MATERIAL
101-7004-60431
3159
WALTERS WHOLESALE ELECT
102333
02/14/2014
ELECTRICAL MATERIAL
101-7004-60431
47.17
WIMMER, ED
102335
02/14/2014
FEB-APWA LUNCH
101-7002-60320
22.00
ZUMAR INDUSTRIES, INC
102336
02/14/2014
SIGNS
101-7003-60429
1,718.59
Fund 101 - GENERAL FUND Total:
1,180,063.21
Fund: 270 - ART IN PUBLIC PLACES FUND
HUNT, MARIA
102279
02/14/2014
COVE ENTRY SIGNS
270-0000-74800
3,760.00
Fund 270 - ART
IN PUBLIC PLACES FUND Total:
3,760L00
Fund: 401 - CAPITAL IMPROVEMENT
BROAD
ECONOUTE CONTROL PROD
102267
02/14/2014
COBALT PROGRAMMING
401-1891-45010
216.00
ECONOUTE CONTROL PROD
102267
02/14/2014
CAB 13802
401-1891-45010
17,629.92
2/18/2014 11:39:28 AM
Page 3 of 7
25
Demand Register
Packet: APPKT00092 - SHM 2/14/14
Vendor Name
Payment Number
Payment Date
Payable Description
Account Number
Amount
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1651-60185
3,000.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1652-60185
500.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1762-60185
2,135.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1804-60185
125.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1867-60185
1,075.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1871-60185
3,000.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROPESSIONALSVC
401-1878-60103
1,375.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1884-60103
3,505.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1885-60185
1,597.50
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1887-60103
250.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1887-60103
250.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1887-60185
750.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1887-60185
1,000m
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1888-60103
750.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1889-60103
500.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONAL SVC
401-1894-60103
5,227.50
NAI CONSULTING INC
102292
02/14/2014
JAN- PROFESSIONAL SVC
401-1895-60185
2,585.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1896-60103
1,375.00
NAI CONSULTING INC
102292
02/14/2014
JAN-PROFESSIONALSVC
401-1897-60108
375,00
PLANIT REPROGRAPHICS SYS
102299
02/14/2014
BID PLANS/SPECS 2012-07
401-1884-45010
29120
PLANIT REPROGRAPHICS SYS
102299
02/14/2014
BID PLANS/SPECS 2013-13B
401-1895-45010
161.60
RBF CONSULTING INC
102304
02/14/2014
DEC -DESIGN
401-1885-60185
871.70
SIEMENS INDUSTRY INC
102312
02/14/2014
DEC -CALL OUTS
401-1891-45010
83118
TALL MAN GROUP INC
102322
02/14/2014
CONTRACT SERVICES
401-1813-60108
412.50
TALL MAN GROUP INC
102322
02/14/2014
WCA-CONTRACT SERVICES
401-1813-60108
2,655.00
TALL MAN GROUP INC
102322
02/14/2014
WSA-CONTRACT SERVICES
401-1813-60108
247.50
TALL MAN GROUP INC
102322
02/14/2014
WSA-CONTRACT SERVICES
401-1813-60108
1,73250
TALL MAN GROUP INC
102322
02/14/2014
CONTRACT SERVICES
401-1813-60108
412.50
TALL MAN GROUP INC
102322
02/14/2014
CONTRACT SERVICES
401-1813-60108
577.50
WESTERN PACIFIC SIGNAL LL
102334
02/14/2014
REDS PUSH BUTTONS
401-1891-45010
838.20_
Fund 401 - CAPITAL IMPROVEMENT PROGIR Total,
56,256.30
Fund: 501 - EQUIPMENT REPLACEMENT
CARQUEST
102254
02/14/2014
TRACTOR BATTERY
501-0000-60675
100.49
FUELMAN
102270
02/14/2014
JAN-FUEL
501-0000-60674
95161
GO NATURAL GAS INC
102271
02/14/2014
SWEEPER ONG RAM
501-0000-60678
945.40
PARKHOUSE TIRE INC
102298
02/14/2014
SWEEPER #41
501-0000-60676
-517.95
PARKHOUSE TIRE INC
102298
02/14/2014
SWEEPER #64 TIRES
501-0000-60676
191.47
PARKHOUSE TIRE INC
102298
02/14/2014
TK#64 TIRE REPAIR
501-0000-60676
170.85
PARKHOUSE TIRE INC
102298
02/14/2014
TK#18 SERVICE
501-0000-60676
604.27
R A N AUTO DETAIL
102301
02/14/2014
CAR WASH 2/1/14
501-0000-43430
678.00
STONE'S, CAM AUTOMOTIVE
102320
02/14/2014
TK#39 LEAK REPAIRS
501-0000-60676
776.69
STONE'S, CAM AUTOMOTIVE
102320
02/14/2014
TK#40 SERVICE
501-0000-60676
54.23
STONE'S, CAM AUTOMOTIVE
102320
02/14/2014
TK#68 CHECK ENGINE LIGHT
501-0000-60676
563.40
STONE'S, CAM AUTOMOTIVE
102320
02/14/2014
TK#53 SERVICE
501-0000-60676
57.60
STONES, CAM AUTOMOTIVE
102320
02/14/2014
TK#55 R&M
501-0000-60676
401,29
Fund 501 - EQUIPMENT
REPLACEMENT Total:
4,97935
Fund: 502 - INFORMATION TECHNOLOGY
APPLIED GEODETICS
102249
02/14/2014
CIS CONSULTING
502-0000-80100
4,725.00
Fund 502 - INFORMATION TECHNOLOGY Total:
4,725.00
Fund: 503 - PARK EQUIP & FACILITY END
LASALLE PAINTING, INC.
102286
02/14/2014
PAINT-W BASEBALL LQPK
503-0000-60680
1,500.00
LASALLE PAINTING, INC,
102286
02/14/2014
PAINT-E BASEBALL LQPK
503-0000-60680
1,500 '00
Fund 503 - PARK EQUIP A, FACILITY END Total:
3,000.00
Fund: 601 - SILVER ROCK RESORT
NEW CONSTRUCTION SOLUT
102293
02/14/2014
ERB SEWER DRAIN
601-0000-60556
580.00
Fund
601 - SILVER ROCK RESORT Total;
SELIX0
Grand Total: 1,253,36186
2/18/2014 11:39:28 AM
pz-i
My=
Parker: APPKT00092 - SHIM 2/14/14
IMMEE=
Fund
101 - GENERAL FUND
270 - ART IN PUBLIC PLACES FUND
401 - CAPITAL IMPROVEMENT PROGR
501 - EQUIPMENT REPLACEMENT
502 - INFORMATION TECHNOLOGY
503 - PARK EQUIP A, FACILITY END
601 - SILVER ROCK RESORT
Account Number
101-0000-20304
101-0000-20305
101-0000-20943
101-0000-20945
101-0000-20949
101-0000-20981
101-0000-20985
101-0000-32235
101-0000-32255
101-0000-41400
101-0000-41600
101-0000-42200
101-0000-42214
101-0000-42301
101-0000-42400
101-0000-42409
101-0000-42413
101-1001-60320
101-1002-60101
101-1004-60322
101-1006-60104
101-1006-60400
101-1006-60410
101-1007-60402
101-1007-60403
101-1007-60662
101-1007-61300
101-2001-60161
101-2001-60162
101-2001-60163
101-2001-60164
101-2001-60166
101-2001-60167
101-2001-60169
101-2001-60170
101-2001-60171
101-2001-60172
101-2001-60420
101-2002-61200
101-3001-60184
101-3001-60400
101-3001-60524
101-3002-60115
101-3002-60400
101-3003-60149
101-3003-60420
Account Summary
Account Name
Sales Taxes Payable
Due to SunUrre
Dental Insurance Pay
Vision Insurance Pay
LT Care Insurance Pay
United Way Deductions
Garnishments Payable
Discount
Zoning Letters
Transient Occupancy To
Business Licenses
Leisure Enrichment
Senior Center Leisure En
Miscellaneous Revenue
Building Permits
Animal Licenses
Specific Plan Amendmen
Travel A, Training
Contract Services - Admi
Training A, Education/M
Consultants
Office Supplies
Printing
Forms
Coffee
Copiers
Utilities - Telephone
Sheriff - Patrol
Patrol Deputy Overtime
Target Team
Community Services Offl
Gang Task Force
Narcotics Task Force
Motor Officer
Dedicated Sergeant
Dedicated Lieutenant
Sheriff- Mileage
Operating Supplies
Utilities - Water
Fritz Burns Park
Office Supplies
Humana Healthy Events
Janitorial
Office Supplies
Special Events
Operating Supplies
Expense Amount
1,180,06121
3,760.00
56,256.30
4,97935
4,725.00
3,000.00
580.00
1,253,363.86
Expense Amount
87.00
2,545.00
6,721.43
1,275.47
106.00
75,00
208,17
225.00
4.00
90.79
13&00
112,00
73,73
-216.00
29834
liffo
1,000.00
402,48
30,722.50
253.80
3,480,00
16124
246.46
144.27
45152
1,572.94
1,692.25
603,195.47
46,200.74
128,51017
40,784.58
9,709,44
9,958.40
66,687.92
28,624.00
16,473.60
34,659.13
-11.87
689.37
45.43
6.00
452.00
64.97
26.54
58419
83.98
azamsim=
2/18/2014 11:39:28 AM
PZA
Page 5 of 7
Demand Register Packet: APPKT00092 - SHIM 2/14/14
Account Summary
Account Number
Account Name
Expense Amount
101-3004-60691
Repair A. Maintenance
1,200,53
101-3004-61101
Utilities - Electricity
2,164L68
101-3004-61200
Water - Inside
184A5
101-3005-60113
Landscape Improvement
44153
101-3005-60423
Supplies -Graffiti
447.07
101-3005-60424
Materials - Irrigation A. L
11&80
101-3005-60554
LQ Park Building
229.73
101-3005-61102
Utilities - Electric - Mont
411
101-3005-61109
Utilities - Electric - Com
3,00934
101-3005-61110
Utilities - Electric - Adam
74.90
101-3005-61111
Utilities - Electric - Velas
8.47
101-3005-61113
Utilities - Electric - Eisen
13,93
101-3005-61114
Utilities - Electric - Deser
5.19
101-3005-61204
Utilities - Water -Fritz Bu
11129
101-3005-61208
Utilities - Water -Season
21.24
101-3005-61209
Utilities - Water -Comm
314.56
101-3006-61200
Water - Inside
102,63
101-3006-61300
Utilities - Telephone
192.51
101-3007-60461
Economic Development/
3,850,00
101-3008-60108
Technical
4,375.81
101-3008-60123
Security A, Alarm
150,00
101-3008-60665
Maint.-Other Equipment
2,374.00
101-3008-61101
Utilities - Electricity
7,844.89
101-3008-61200
Utilities - Water
27.98
101-3008-71021
Furniture
2,278.00
101-6001-60125
Temporary Agency Servi
1,60&50
101-6001-60400
Office Supplies
176.03
101-6003-60118
Plan Check
14,982.50
101-6004-31190
Admin Citation Services
632.95
101-6004-51070
Animal Shelter
17937
101-6004-60108
Technical
100,00
101-6005-61300
Utilities - Telephone
1,018.64
101-6005-61304
Mobile/Cell Phones
152A0
101-7001-60104
Consultants
13,625.00
101-7001-60420
Operating Supplies
405.65
101-7002-60104
Consultants
36,977,21
101-7002-60183
Map/Plan Checking
24,190,25
101-7002-60320
Travel & Training
22.00
101-7003-60400
Office Supplies
153.76
101-7003-60429
Signs
1,71839
101-7003-60690
Uniforms
267.15
101-7004-60104
Consultants
6,930.00
101-7004-60125
Temporary Agency Servi
255.00
101-7004-60189
Technical
1,188.61
101-7004-60431
Materials
3,258.01
101-7004-61116
Utilities - Electric - Signal
87.89
101-7004-61117
Utilities - Electric - Medi
5031
101-7004-61211
Utilities - Water - Media
46.70
101-7006-60104
Consultants
3,300.00
101-7006-60145
Traffic Counts/Studies
480.00
101-7006-60320
Travel A, Training
80.00
270-0000-74800
Art Purchases
3,760.00
401-1651-60185
Design
3,000.00
401-1652-60185
Design
500.00
401-1762-60185
Design
2,135,00
401-1804-60185
Design
125,00
401-1813-60108
Technical
6,037.50
401-1967-60185
Design
1,075.00
2/18/2014 11:39:28 AM
Page 6 of 7
28
03MMEMEM
Account Summary
Account Number
Account Name
401-1871-60185
Design
401-1878-60103
Professional
401-1884-45010
Construction
401-1884-60103
Professional
401-1885-60185
Design
401-1887-60103
Professional
401-1887-60185
Design
401-1888-60103
Professional
401-1889-60103
Professional
401-1891-45010
Construction
401-1894-60103
Professional
401-1895-45010
Construction
401-1895-60185
Design
401-1896-60103
Professional
401-1897-60108
Technical
501-0000-43430
Car Washes
501-0000-60674
Fuel A Oil
501-0000-60675
Parts A Maintenance So
501-0000-60676
Vehicle Repair & Mainte
501-0000-60678
Street Sweeper
502-0000-80100
Machinery A Equipment
503-0000-60680
Fritz Burns Pool
601-0000-60556
SilverRock Buildings
Grand Total:
Project Account Key
**None**
1651Des
1652Des
1762Des
1804Con
1813-fech
1867Des
1871Des
1878Pro
1884Const
1884Pro
ISKSDes
1887Des
1887Pro
1888Pro
1889pro
1891Const
1894Pro
1895Const
1895[res
1896Pro
1897Tech
Expense Amount
3,000.00
1,375,00
293.20
3,505.00
2,469.20
500.00
1,750.00
750.00
500.00
19,517.30
5,227.50
161.60
2,585.00
1,375.00
375.00
678.00
953.61
100.49
2,301.85
945.40
4,725.00
3,00U0
580.00
1,253,363.86
Expense Amount
1,197,107,56
3,000.00
500.00
2,135.00
125.00
6,037.50
1,075.00
3,000.00
1,375.00
29120
3,505.00
2,469.20
1,750.00
500.00
750.00
500.00
19,517.30
5,227.50
161.60
2,585.00
1,375.00
375.00
1,253,363.86
2/18/2014 11:39:28 AM
184.1
Page 7 of 7
City of La Quinta, CA
fit 1►
Vendor Name Payment Number Payment Date
Fund: 224 - TUM F
COACHELLA VALLEY ASSOC 102337 02/19/2014
Deman.d Register
Packet: APPKT00094 - SHM 2/19/14
Payable DescrIpbon Account Number Amount
JAN-TUMF FEE 224-0000-20320 20,687.18
Fund 224 - TUNIF Total: 20,687.18
Grand Total: 20,687.18
2/19/2014 12:31:45 PM
Page 1 of 2
30
Fund Summary
Fund Expense Amount
224 - TUMF 20,687.18
Grand Total: 20,687.18
Account Number Account Name Expense Amount
224-0000-20320 TUMF Payable to CVAG 20,687.18
Grand Total: 20,687.18
Project Account Summary
Project Account Key Expense Amount
**None** 20,687.18
Grand Total: 20,687.18
Report Summary
2/19/2014 12:31:45 PM
Page 2 of 2
31
Demand
Register
City
of La Quinta, CA
Packet: APPKT00098 - SHM
2/21/14
Vendor Name
Payment Number
Payment Date
Payable Description
Account Number
Amount
Fund: 101 - GENERAL FUND
ALVAREZ, MARIA ISABEL
102338
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
1,071.81
ANDERSEN ARCHITECTURE 1
102339
02/21/2014
REFUND OVERPAYMENT
101-0000-41600
3.00
AUGUST, FAYE B
102340
02/21/2014
INTRUCTOR PAYMENT
101-3002-60107
210.00
BANG INC, DAVE
102341
02/21/2014
PLAYGROUND REPAIR
101-3005-60424
6237
BECKER,KATHLEEN
102342
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
84.00
BEST SIGNS INC
102343
02/21/2014
RULES OF CONDUCT SIGN
101-3002-60420
414.20
BEST SIGNS INC
102343
02/21/2014
RULES OF CONDUCT SIGN
101-3004-60420
207.10
BID CLEAR WATER SOLUTIO
102344
02/21/2014
CAMPUS LAKE MAINT
101-3005-60117
452.00
BODDEN, RENATE
102345
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
312.20
BODDEN, RENATE
102345
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
21.00
BRANDER, VERONIQUE
102346
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
210.00
CAPALBO,KATHLEEN
102347
02/21/2014
INSTRUCTOR PYMT
101-3002-60107
127.40
CAPALBO, KATHLEEN
102347
02/21/2014
INSTRUCTOR PYMT
101-3003-60107
196.00
CAPUTO, ROSEMARY HEIM
102348
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
105.00
CASSEL, LLORA
102350
02/21/2014
INTRUCTOR PAYMENT
101-3002-60107
425.60
CITY CLERKS ASSOCIATION 0
102351
02/21/2014
MEMBERSHIP
101-1005-60351
130.00
COACHELLA VALLEY WATER
102353
02/21/2014
WATER MEDIAN
101-7004-61211
41.20
COMMUNITY ALL-STARS, LLC
102355
02/21/2014
LQHS POSTER SPONSOR
101-3007-60462
303,45
DEPARTMENT OF ANIMAL SE
102356
02/21/2014
JAN-SHELTER SERVICE
101-6004-51071
8,842.55
DESERT ELECTRIC SUPPLY
102358
02/21/2014
ELECTRICAL MATERIAL
101-7004-60431
122.47
DESERT ELECTRIC SUPPLY
102358
02/21/2014
ELECTRICAL MATERIAL
101-7004-60431
122,47
DOUGHERTY, PATRICIA
102360
02/21/2014
REFUND OVERPAYMENT
101-0000-42409
4.00
EDWARDS, J FIRE
102361
02/21/2014
GENERAL R&M
101-3002-60691
1,089.00
EMPLOYMENT DEVELOPME
102362
02/21/2014
COLARROSI-Ul CLAIM
101-1004-50244
185.00
ESGIL CORPORATION
102363
02/21/2014
JAN-PLAN CHECK
101-6003-60118
522.90
FERGUSON, ROBERT
102364
02/21/2014
REFUND OVERPAYMENT
101-0000-41600
15.00
ED CREATIVE INC
102365
02/21/2014
RADIO COMMISSION
101-3007-60461
89930
ED CREATIVE INC
102365
02/21/2014
EVENT PR
101-3007-60461
250,00
ED CREATIVE INC
102365
02/21/2014
HUMANA ADS
101-3007-60461
1,045.06
GAS COMPANY, THE
102366
02/21/2014
JAN-FS493 GAS
101-2002-61100
151.99
GAS COMPANY, THE
102366
02/21/2014
FS#32 GAS 12/19-1/23
101-2002-61100
21199
GEOCON WEST INC
102367
02/21/2014
REFUND OVERPAYMENT
101-0000-41600
12.00
GREATER PALM SPRINGS CA
102368
02/21/2014
DEC-TMD ASSESSMENT
101-0000-20330
32,634.62
GLIMMER, BRAD
102369
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
441=
HARMON, DEBORAH
102370
02/21/2014
REFUND OVERPAYMENT
101-0000-41400
12.00
HAYWARD TILTON A POLAR
102371
02/21/2014
EARTHQUAKE INSUR POLICY
101-1004-60447
103,922.40
HERRIS, NICOL
102372
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
154.00
HOEBER, DON
102373
02/21/2014
BAND-HUMANA EVENT
101-3001-60524
1,850.00
HOME DEPOT CREDIT SERVI
102374
02/21/2014
IRRIGATION MATERIAL
101-7004-60431
46.79
HOME DEPOT CREDIT SERVI
102374
02/21/2014
FS# 70 MATERIALS RAM
101-2002-60670
181AS
HOME DEPOT CREDIT SERVI
102374
02/21/2014
GRAFFITI MATERIAL
101-7004-60423
48.19
HOME DEPOT CREDIT SERVI
102374
02/21/2014
GRAFFITI SUPPLY
101-7004-60423
153.54
HOME DEPOT CREDIT SERVI
102374
02/21/2014
FS#70 MAINT SUPPLIES
101-2002-60670
16.20
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
32.65
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
30.05
HOME DEPOT CREDIT SERVI
102374
02/21/2014
SPECIAL EVENT SUPPLIES
101-3003-60149
102,56
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL/SUPPLIES
101-7003-60431
174.61
HOME DEPOT CREDIT SERVI
102374
02/21/2014
IRRIGATION MATERIAL
101-7004-60431
85.45
HOME DEPOT CREDIT SERVI
102374
02/21/2014
CONCRETE MATERIAL
101-7003-60431
1231
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
2337
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
6.92
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
26.92
HOME DEPOT CREDIT SERVI
102374
02/21/2014
CONCRETE MATERIAL
101-7003-56490
12.31
2/24/2014 11:54:19 AM Page 1 of 5
19YA
Demand Register
Packet: APPKT00098 - SHIM 2/21/14
Vendor Name
Payment Number
Payment Date
Payable Description
Account Number
Amount
HOME DEPOT CREDIT SERVI
102374
02/21/2014
CONCRETE MATERIAL
101-7003-56490
264.95
HOME DEPOT CREDIT SERVI
102374
02/21/2014
RETURN CREDIT
101-3005-60423
-39.92
HOME DEPOT CREDIT SERVI
102374
02/21/2014
SINK REPAIR
101-3008-60665
5.14
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL.
101-7003-60431
63.68
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
17.24
HOME DEPOT CREDIT SERVI
102374
02/21/2014
LQ PK-BACKFLOW DAMAGE
101-3005-60423
43.56
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MUSEUM LIGHT
101-3006-60691
1V77
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIAL
101-7003-60431
43.14
HOME DEPOT CREDIT SERVI
102374
02/21/2014
IRRIGATION SUPPLY
101-7004-60431
38.38
HOME DEPOT CREDIT SERVI
102374
02/21/2014
LQ PK-BACKFLOW DAMAGE
101-3005-60423
44.24
JOHNSON, SONJA
102377
02/21/2014
TOT REFUND OVERPAYMENT
101-0000-41400
1&,00
LA QUINTA FARMS LLC
102378
02/21/2014
PM10 SERVICES
101-7006-60146
23,750.00
LANDMARK GOLF MANAGE
102379
02/21/2014
JAN-SRR LANDSCAPING
101-7004-60143
5,287.00
LANGE, CHRISTINA
102380
02/21/2014
INSTRUCTOR PAYMENT
101-3003-60107
51.80
LARSON, HERBERT W
102381
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
147.00
LESLIE, JANELLE
102383
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
17.50
LIGHT SOURCE
102384
02/21/2014
CITY HALL LIGHTS
101-3008-60665
144.79
LOWE'S HOME IMPROVEME
102385
02/21/2014
SENIOR CENTER LIGHTS
101-3002-60691
16.38
LOWE'S HOME IMPROVEME
102385
02/21/2014
CITY HALL SINK REPAIR
101-3008-60665
6.13
LOWE'S HOME IMPROVEME
102385
02/21/2014
HUMANA EVENTSUPPLIES
101-3001-60524
185.90
LOWE'S HOME IMPROVEME
102385
02/21/2014
LIBRARY -LIGHT BULBS
101-3004-60691
215
LOWE'S HOME IMPROVEME
102385
02/21/2014
PLUMBING REPAIR
101-3008-60665
2.75
LOWE'S HOME IMPROVEME
102385
02/21/2014
MUSEUM DOOR LATCH
101-3006-60691
6.04
LOWE'S HOME IMPROVEME
102385
02/21/2014
PLUMBING REPAIR
101-3008-60665
7.16
LOWE'S HOME IMPROVEME
102385
02/21/2014
CITY HALL -WOOD STAIN
101-3008-60665
5.63
LOWE'S HOME IMPROVEME
102385
02/21/2014
CITY HALL -WOOD STAIN
101-3008-60665
4.89
LOWE'S HOME IMPROVEME
102385
02/21/2014
RETURN CREDIT
101-3008-60665
-4.89
MCCUBBIN, FARBOD
102386
02/21/2014
RFP MGR WEBSITE SVCTRA
101-7001-60104
750.00
MILLER, CHIP
102387
02/21/2014
INSTRUCTOR PAYMENT
101-3003-60107
67.20
NEW CONSTRUCTION SOLUT
102389
02/21/2014
LIBRARY -REPAIR TOILET
101-3004-60691
300.00
NEXLEVEL INFORMATION TE
102390
02/21/2014
INTERIM DIR OF FINANCE
101-1006-50101
12,88V00
OFFICE TEAM
102391
02/21/2014
TEMP STAFFING WKEND 1/3
101-7004-60125
255.00
OFFICE TEAM
102391
02/21/2014
TEMP STAFFING WKEND 1/3
101-1002-60125
357.00
PEREZ, JULIAN
102393
02/21/2014
REFUND
101-0000-42700
101.00
PLATAMONE, CHRISTOPHER
102394
02/21/2014
INSTRUCTOR PAYMENT
101-3003-60107
318.50
ROJAS, MIGUEL ANGEL
102397
02/21/2014
INSTRUCTOR PAYMENT
101-3003-60107
2,647.40
SAM'S FENCE COMPANY
102398
02/21/2014
FENCE MATERIAL
101-7003-60431
86.40
SMART & FINAL
102399
02/21/2014
FOOD A. SUPPLIES
101-3002-60420
172.42
SOUZA, DEBRA A FEDOR
102400
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
98.00
STAPLES ADVANTAGE
102401
02/21/2014
OFFICE SUPPLIES
101-3001-60400
63.70
STAPLES ADVANTAGE
102401
02/21/2014
OFFICE SUPPLIES
101-1002-60400
55.73
STAPLES ADVANTAGE
102401
02/21/2014
OFFICE SUPPLIES -HOT CUPS
101-1007-60403
105.39
STAPLES ADVANTAGE
102401
02/21/2014
OFFICE SUPPLIES
101-3002-60400
59.38
STAPLES ADVANTAGE
102401
02/21/2014
OFFICE SUPPLIES
101-6001-60400
36.67
STUDIO INSTRUMENT RENTA
102403
02/21/2014
COUNCIL INTO MICROPHON
101-1001-60420
395.00
US DEPARTMENT OF EDUCA
102405
02/21/2014
GARN/HERRERA PR 2/14/14
101-0000-20985
12.78
VEGA, MARIA DE LOURDES
102406
02/21/2014
INSTRUCTOR PAYMENT
101-3003-60107
156.80
VIELHARBER, KAREN
102408
02/21/2014
INSTRUCTOR PAYMENT
101-3002-60107
119.88
VINTAGE ASSOCIATES
102409
02/21/2014
PLANT REPLACEMENT
101-7004-60420
61.40
VINTAGE ASSOCIATES
102409
02/21/2014
FEB-PARK MAINT
101-3004-60112
560.00
VINTAGE ASSOCIATES
102409
02/21/2014
FEB-PARK MAINT
101-3005-60108
27,907.00
VINTAGE ASSOCIATES
102409
02/21/2014
FEB-PARK MAINT
101-3006-60108
425.00
VINTAGE ASSOCIATES
102409
02/21/2014
FEB-PARK MAINT
101-7004-60189
12,200,00
VINTAGE ASSOCIATES
102409
02/21/2014
PLANT REPLACEMENT
101-7004-60420
128.52
VINTAGE ASSOCIATES
102409
02/21/2014
PLANT REPLACEMENT
101-7004-60420
106.92
WALTERS WHOLESALE ELECT
102410
02/21/2014
ELECTRICAL MATERIAL
101-7004-60431
31.11
WALTERS WHOLESALE ELECT
102410
02/21/2014
ELECTRICAL MATERIAL
101-7004-60431
18.75
WINKE, STEPHEN
102411
02/21/2014
REFUND
101-0000-42200
46.00
Fund 101- GENERAL FUND Total:
248,48106
2/24/2014 11:54:19 AM - - - - Page 2 of 5
33
Demand Register Packet: APPKT00098 - SHM 2/21/14
Vendor Name .
Payment Number
Payment Date
Payable Description
Account Number
Amount
Fund: 218 - CA VIOLENT CRIME TASK FOR
DESERT BUSINESS MACHINE
102357
02/21/2014
SERVICE/SUPPLIES 1/23-2/22
218-0000-60665
47.86
IMPERIAL IRRIGATION -GANG
102376
02/21/2014
ELECTRICITY 12/31-1/28
218-0000-40150
194.33
LECLAIR, GARY
102382
02/21/2014
OPERATION EXPENSE
218-0000-60420
30.00
PARRA, ANA L
102392
02/21/2014
JAN-JANITORIAL
218-0000-30150
165.00
RIVERSIDE COUNTY SHERIFF'
102396
02/21/2014
CLERICAL OVERTIME 12/31-1
218-0000-30100
1,427.39
VERIZON CA - GANG TASK F
102407
02/21/2014
PHONE SVC 1/22-2/21
218-0000-61300
382.88
VERIZON CA - GANG TASK F
102407
02/21/2014
CLETS 1/28-2/27
218-0000-42190
238.94
Fund 218 - CA VIOLENT
CRIME TASK FOR Total:
2,486.40
Fund: 224 - TOME
COACHELLA VALLEY ASSOC
102352
02/21/2014
DEC-TUMF ADJUSTMENT
224-0000-20320
14,103.14
Fund 224 - TUMF Total:
14,10114
Fund: 241 - HOUSING AUTHORITY PAI
RIVERSIDE COUNTY RECORD
102395
02/21/2014
NOV-RECORDING FEES
241-9101-60103
23.00
Fund 241 - HOUSING AUTHORITY PAI Total:
- _
23.00
Fund: 401 - CAPITAL IMPROVEMENT PROGR
COACHELLA VALLEY WATER
102354
02/21/2014
COST SHARING -CANAL
401-1815-60185
176,995.29
HOME DEPOT CREDIT SERVI
102374
02/21/2014
MATERIALS
401-1891-45010
292.31
IMPERIAL IRRIGATION DIST
102375
02/21/2014
CONST FEE -UPGRADE
401-1878-45010
36,598.60
LOWE'S HOME IMPROVEME
102385
02/21/2014
SUPPLIES
401-1891-45010
102.56
Fund 401 - CAPITAL
IMPROVEMENT PROGR Total:
-_
213,988.76
Fund: 501 - EQUIPMENT REPLACEMENT
CARQUEST
102349
02/21/2014
TK #31 V-BELT
501-0000-60676
19.04
MOUNTAIN VIEW TIRE
102388
02/21/2014
COP -TIRES
501-0000-60676
731.08
STONES, CAM AUTOMOTIVE
102402
02/21/2014
TK#28 SAM
501-0000-60675
493.49
Fund 501 - EQUIPMENT REPLACEMENT Total:
1,243.61
Fund: 502 - INFORMATION TECHNOLOGY
TYLER TECHNOLOGIES
102404
02/21/2014
PROF SERVICES 1/5-17/14
502-0000-80100
12,425.27
TYLER TECHNOLOGIES
102404
02/21/2014
PROF SERVICES 1/20/14
502-0000-80100
500.00
Fund 502 - INFORMATION
TECHNOLOGY Total:
12,925.27
Fund: 601 - SILVER ROCK RESORT
DESERT PIPE & SUPPLY
102359
02/21/2014
SRR-WATER HEATER
601-0000-60556
203.85
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60200
12,261.88
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60201
21,320.50
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60203
74,567.34
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60205
12,879.65
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60206
15,338.88
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60207
7,431.54
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60209
2,427.32
LANDMARK GOLF MANAGE
102379
02/21/2014
SRR OPERATIONS 2/1-15/14
601-0000-60211
15,922.54
Fund 601 - SILVER ROCK RESORT Total: 162,353.50
Grand Total: 655,606.74
2/24/2014 11:54:19 AM
34
kr*LW,Am
Fund
101 - GENERAL FUND
218 - CA VIOLENT CRIME TASK FOR
224 - TOME
241 - HOUSING AUTHORITY PA1
401 - CAPITAL IMPROVEMENT PROGR
501 - EQUIPMENT REPLACEMENT
502 - INFORMATION TECHNOLOGY
601 - SILVER ROCK RESORT
Account Name
TIVID Collection Fees
Garnishments Payable
Transient Occupancy To
Business Licenses
Leisure Enrichment
Animal Licenses
Administrative Citations
Operating Supplies
Temporary Agency Servi
Office Supplies
State Unemployment In
Earthquake/Flood
Membership Dues
Permanent Full Time
Coffee
Fire Station
Utilities - Gas
Office Supplies
Humana Healthy Events
Instructors
Office Supplies
Operating Supplies
Repair & Maintenance
Instructors
Special Events
Landscape Contract
Operating Supplies
Repair & Maintenance
Technical
Civic Center Lake Mainte
Supplies -Graffiti
Materials - Irrigation & L
Technical
Repair & Maintenance
Economic Development/
Media
Maint.-Other Equipment
Office Supplies
Plan Check
Answering Service
Consultants
Asphalt
Materials
Temporary Agency Servi
SilverRock Way Landsca
Expense Amount
248,483.06
2,486.40
14,103.14
23.00
213,988.76
1,243.61
12,925.27
162,35150
655,606.74
Expense Amount
32,634.62
12.78
30.00
30,00
46.00
4.00
101.00
395.00
357.00
55.73
185.00
103,922,40
130.00
12,880.00
105,39
198.05
365.98
63.70
2,035.90
3,544.39
59.38
586,62
1,105.38
3,437.70
102.56
560.00
207.10
302.25
27,907.00
452.00
47.88
62.77
425.00
16,81
2,194.76
303.45
171.60
36.67
522.90
8,842.55
750.00
277.26
517.29
255.00
5,287.00
Report Summary
2/24/2014 11:54:19 AM
Page 4 of 5
Demand Register Packet: APPKT00098 - SHIM 2/21/14
Account Number
Account Name
Expense Amount
101-7004-60189
Technical
12,200.00
101-7004-60420
Operating Supplies
296.84
101-7004-60423
Supplies -Graffiti
201.73
101-7004-60431
Materials
465A2
101-7004-61211
Utilities - Water - Media
41.20
101-7006-60146
PM 10 SliverRock
23,750.00
218-0000-30100
Cty Riverside -Salaries
1,42739
218-0000-30150
Janitorial Service
165,00
218-0000-40150
Electricity
19433
218-0000-42190
CLET Line
238.94
218-0000-60420
Operating Supplies
30ff0
218-0000-60665
Maint.-Other Equipment
47.86
218-0000-61300
Utilities - Telephone
382.88
224-0000-20320
TUMF Payable to CVAG
14,10114.
241-9101-60103
Professional
23.00
401-1815-60185
Design
176,995.29
401-1878-45010
Construction
36,598.60
401-1891-45010
Construction
394,87
501-0000-60675
Parts & Maintenance Su
493.49
501-0000-60676
Vehicle Repair & Mainte
750.12
502-0000-80100
Machinery A, Equipment
12,925,27
601-0000-60200
Cart Barn/Range
12,261.88
601-0000-60201
Golf Shop
21,320.50
601-0000-60203
Maintenance
74,567.34
601-0000-60205
General A. Administrativ
12,879,65
601-0000-60206
Marketing
15,338.88
601-0000-60207
Temporary Club House
7,433-54
601-0000-60209
Insurance
2,427.32
601-0000-60211
Rental Payment
15,922.54
601-0000-60556
SilverRock Buildings
203.85
Grand Total:
655,606.74
Project Account Key Expense Amount
"None" 441,617.98
18150es 176,995,29
1878Const 36,598.60
1891.Const 394.87
Grand Total: 655,606.74
2/24/2014 11:54:19 AM Page 5 of 5
36
Tjhf 4 4 a"
CITY / SA / HA / FA MEETING DATE: March 4, 2014
ITEM TITLE: EXCUSE COMMISSIONER KEVIN
MAEVERS' ABSENCE FROM THE FEBRUARY 20,
2014 HISTORIC PRESERVATION COMMISSION
MEETING
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2
STUDY SESSION:
PUBLIC HEARING:
Approve a request from Commissioner Kevin Maevers to be excused from the
February 20, 2014 Historic Preservation Commission meeting.
BACKGROUND/ANALYSIS:
Commissioner Maevers requested to be excused from the February 20, 2014
Historic Preservation Commission meeting due to being out of the area for 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 Maevers has had no other absences during this fiscal
year and staff recommends this absence be excused by Council.
ALTERNATIVES:
Deny Commissioner Maevers' 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: Les Johnson, Community Development Director
Report approved for submission by: Frank J. Spevacek, City Manager
NFA
38
Tjhf 4 4 a"
CITY / SA / HA / FA MEETING DATE: March 4, 2014 AGENDA CATEGORY:
ITEM TITLE: EXCUSE COMMISSIONER PEGGY BUSINESS SESSION:
REDMON'S ABSENCE FROM THE FEBRUARY 20,
2014 HISTORIC PRESERVATION COMMISSION CONSENT CALENDAR: 3
MEETING
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a request from Commissioner Peggy Redmon to be excused from the
February 20, 2014 Historic Preservation Commission meeting.
BACKGROUND/ANALYSIS:
Commissioner Redmon requested to be excused from the February 20, 2014
Historic Preservation Commission meeting due to medical reasons. 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 one other absence 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
Kx�
IM
T4hf 4 4 a"
CITY / SA / HA / FA MEETING DATE: March 4, 2014
ITEM TITLE: APPROPRIATE FUNDING AND AWARD A
CONTRACT TO PACIFIC WEST INDUSTRIES, INC. FOR
REPLACEMENT OF HEATING, VENTILATION AND AIR
CONDITIONING SYSTEMS 1 AND 2 AT CITY HALL
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
Appropriate $39,984 from the City's Equipment Replacement Fund and award a
contract to Pacific West Industries, Inc., in the amount of $98,000, to replace
heating, ventilation and air conditioning Systems 1 and 2 at City Hall.
EXECUTIVE SUMMARY:
• This project entails replacing heating, ventilation and air conditioning (HVAC)
Systems 1 and 2, which cool the east wing of City Hall.
• Pacific West Industries, Inc., a southern California construction company,
submitted the lowest bid in the amount of $98,000. The City Council
previously authorized staff to pre -purchase the HVAC unit which, when
combined with previous and anticipated costs, brings the total project cost
to $243,334.
• In order to replace the HVAC unit in time for summer, staff recommends an
appropriation of $39,984 from Equipment Replacement Funds as the HVAC
equipment and installation costs have proven higher than originally estimated
by the designer.
FISCAL IMPACT:
Based on construction estimates from early 2013, $203,350 was budgeted for
HVAC upgrades from the Equipment Replacement Fund in Fiscal Year 2013/2014.
Of the $203,350, $150,462 remains after the Phase 1 improvements (the HVAC
System 3 Replacement project), which replaced the unit that cools the City Council
Chambers and adjacent corridors.
«i
Considering the low bid received for installation in the amount of $98,000 and the
City -purchased equipment cost of $73,789, the construction cost is now estimated
to be $171, 789.
The recommended project budget and requested appropriation is as follows:
BUDGET LINE ITEM
BUDGET
Professional:
$
3,000
Technical (Insp/Test/Survey):
$
5,000
Design:
$
0
Construction:
$171 ,789
Contingency:
$
9,800
City Administration:
$
857
TOTAL BUDGET:
$1 90,446
Staff recommends that the shortfall of $39,984 be appropriated from unassigned
Equipment Replacement Funds.
BACKGROUND/ANALYSIS:
City Hall was originally constructed in 1991 under the 1988 California Building
Code. An additional administration wing was added on the west side in 2008.
The HVAC systems that serve the majority of City Hall were installed as part of the
original construction. The installed systems typically have a service life of
approximately 20 years. The U-shaped east end of the building is heated and
cooled by HVAC Systems 1 and 2. These units have required numerous costly
repairs in the last few years, including a compressor replacement in the past year.
In order to proactively address the replacement of these critical systems, the City
Council established a Citywide Preventative Maintenance Plan as part of its Fiscal
Year 2013/2014 Capital Improvement Program. This annual maintenance program
is funded through the City's Equipment Replacement Fund. HVAC System 3,
Phase 1, has already been replaced as part of this program.
On January 21, 2014, due to the City receiving construction bids more than
$50,000 in excess of the engineer's estimate, the City Council rejected all bids and
authorized staff to pre -purchase the HVAC unit for the project and readvertise the
installation of the unit for construction bids. On February 18, 2014, two sealed
bids were received. A detailed bid comparison summary is provided for the City
Council's review as Attachment 1. Pacific West Industries, Inc. submitted the
lowest responsive bid in the amount of $98,000, which is $41,000 lower than the
engineer's estimate. However, when combined with the cost of the HVAC unit,
design and administrative costs exceed the remaining funding for the project.
EPA
Contingent upon City Council's approval to award a contract on March 4, 2014,
the following is the anticipated project schedule:
Project Award
Sign Contract/Mobilize
Construction (30 calendar days)
Accept Improvements
ALTERNATIVES:
March 4, 2014
March 5, 2014 — March 18, 2014
March 19, 2014 — April 17, 2014
May 2014
Since the project has been bid twice, resulting in total project costs exceeding the
remaining project budget and the new HVAC unit should be installed as soon as
possible, no alternative actions are 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. Bid Comparison Summary
43
44
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AGENDA CATEGORY:
CITY / SA / HA / FA MEETING DATE: March 4, 2014 BUSINESS SESSION:
ITEM TITLE: ADOPT A RESOLUTION TO APPROVE A CONSENT CALENDAR: 5
PURCHASE AND SALE AGREEMENT WITH MALIA
MONROE FOR THE SALE OF CITY PROPERTY STUDY SESSION:
LOCATED AT 51351 AVENIDA BERMUDAS PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to enter into a Purchase and Sale
Agreement with Malia Monroe for the sale of the former Village Police Sub -station
located at 51351 Avenida Bermudas.
EXECUTIVE SUMMARY:
• The subject property and existing building was the former location of the Village
Police Sub -station until 2012, when this operation was relocated to City Hall.
• The building is currently vacant and the City no longer has a need for the
property.
• Ms. Monroe recently submitted an offer to purchase the property as is and
intends to use it for an office.
• The purchase offer is in excess of the appraised value previously identified in
the appraisal report completed in March 2013.
FISCAL IMPACT:
The City would receive $130,675 in land sale income. Staff recommends that the
City establish an Economic Development Investment Fund and deposit these sale
proceeds in this fund.
BACKGROUND/ANALYSIS:
The 10,380 square -foot parcel and building was acquired by the City in March
1989. The 772 square -foot circa 1950's building has namely been used or various
operations including the La Quinta Chamber of Commerce and most recently the
IN
Village Police Sub -station. In 2012, the property was vacated as the Police Sub-
station was relocated to City Hall. The property has remained vacant since, with
an interest to pursue various options including selling the property. A 17-stall
public parking lot adjoins the subject property to the west that is located on a
separate City owned parcel. Two off-street parking spaces currently exist on the
subject property, which are accessed via Avenida Bermudas.
In March of 2013, an appraisal was completed for the property identifying an "as
is" market value estimate. Staff became aware of potential asbestos and ADA
compliance issues just prior to the appraisal being conducted, which prompted the
appraisal to also identify a vacant lot value.
After the Police Sub -station was relocated in 2012, the Chamber of Commerce
expressed interest in acquiring the property, provided the City address the potential
aforementioned building issues, fund building remodel needs as well as carry a note
for a minimum of 10 years. This option was not pursued due to potential cost.
Earlier this year, staff received an all -cash offer from La Quinta Palms Realty for the
purchase of the property in "as is" condition. The offer reflects a property value of
$12.50 per square foot. The prospective purchaser, Malia Monroe, intends to
remodel the building and move her existing La Quinta business, Four Seasons
Escrow, into the building.
A purchase and sale agreement has recently been drafted representative of Ms.
Monroe's offer. The agreement identifies the property being sold as is, absolving
the City of any liability associated with the building's condition. Additionally, the
agreement does not provide any allowance or right to use of the existing public
parking lot. However, the agreement does identify the legal non -conforming status
regarding off street parking, allowing the status to continue so long as the building
is used as an office. The attached Purchase and Sale Agreement (Attachment 2)
embodies the aforementioned terms.
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
48
RESOLUTION NO. 2014 —
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 MALIA
MONROE FOR PROPERTY LOCATED IN THE LA QUINTA
VILLAGE AT 51351 AVENIDA BERMUDAS
WHEREAS, the City of La Quinta ("City") desires to see high quality and
vibrant and economically healthy commercial activity in the La Quinta Village that
includes a mix of office, retail, and restaurant uses; 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 Malia Monroe ("Malia") ("Exhibit A"
attached), pursuant to which the City has agreed to sell to Malia certain real
property located in the La Quinta Village at 51351 Avenida Bermudas, comprising
of approximately 10,380 square feet, 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 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 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.
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,
114
City Council Resolution 2043 —
Purchase and Sale Agreement — Malia Monroe
Adopted: March 4, 2014
Page 2
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 4th day of March, 2014, 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
6111
ATTACHMENT
City of La Quinta
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ATTACHMENT
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
BY AND BETWEEN THE
CITY OF LA QUINTA
("SELLER")
AND
MALIA MONROE, AN INDIVIDUAL
("BUYER")
882/015610-0002
6714624.1 a02/26/14
53
54
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 , 2014
("Effective Date") by and between the CITY OF LA QUINTA, a Municipal Corporation
("Seller"), and MALIA MONROE, an individual ("Buyer").
RECITALS:
A. Seller is the owner of that certain improved real property located at 51351
Avenida Bermudas, in the City of La Quinta, County of Riverside, State of California (the
"Property"). A legal description of the Property is attached hereto and incorporated
herein as Exhibit "A".
B. Buyer desires to purchase the Property from Seller and Seller desires to
sell the Property to Buyer, on the terms and conditions set forth herein.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and 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 One Hundred Thirty Thousand Six Hundred Seventy -Five Dollars
($130,675.00) ("Purchase Price").
1.2 Payment of Purchase Price. Within five (5) days after the "Opening of
Escrow" Buyer shall deposit with "Escrow Holder" (as those terms are defined in Section
2.1 below) in "Good 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; and (ii) the sum of Ten Thousand Dollars ($10,000) as a good
faith deposit (the "Deposit").
In the event the "Escrow" (as that term is defined in Section 2.1) closes,
Escrow Holder shall apply the Independent Contract Consideration and Deposit towards
the Purchase Price. In the event the Escrow is terminated and fails to close, for any
reason other than a default hereunder by Seller, Escrow Holder shall promptly, but no
later than five (5) days after said termination, release the Independent Contract
Consideration to Seller.
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61.1
In the event the Escrow is terminated and fails to close, for any reason
other than a default hereunder by Buyer, Escrow Holder shall promptly, but no later than
five (5) days after said termination, return the Deposit to Buyer.
On or before 5:00 p.m. on the business day preceding the "Closing Date"
(as that term is defined in Section 4.1) or such earlier time as required by Escrow
Holder in order to close Escrow on the Closing Date, Buyer shall deposit with Escrow
Holder in Good Funds the Purchase Price, less the Deposit and Independent Contract
Consideration, and such additional funds as may be required to meet Buyer's portion of
the closing costs as hereinafter provided.
2. ESCROW.
2.1 Opening of Escrow. Closing of the sale of the Property shall take place
through an escrow ("Escrow") to be established within three (3) business days after the
execution of this Agreement by the parties hereto, with Four Seasons Escrow ("Escrow
Holder") at its office located at 51350 Desert Club Drive - Suite 5
La Quinta, CA. The opening of the 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. Escrow Holder is instructed to notify Buyer and Seller in writing of the
date of the Opening of Escrow.
2.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall
constitute the joint escrow instructions of Buyer and Seller to Escrow Holder.
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.
3. DUE DILIGENCE.
3.1 Due Diligence. As used herein, the term "Due Diligence Period" shall
refer to a period of time to expire upon the date that is thirty (30) days after the Opening
of Escrow. 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 3.1
(collectively, the "Contingencies"):
3.1.1 Title/Survey. Within five (5) days after the Effective Date, Seller
shall deliver to Buyer a preliminary title report prepared by Orange Coast Title Company
("Title Company") describing the state of title of the Property together with copies of all
underlying documents (collectively the "Preliminary Title Report"). Notwithstanding
anything herein to the contrary, Seller shall be obligated to remove all monetary
encumbrances against the Property excluding non -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 no later than the date which is
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6V
fifteen (15) days after its receipt of the Preliminary Title Report ("Buyer's Objection
Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary
Title Report 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. Seller shall have a period of ten (10) 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 prior
to the "Close of Escrow" (as that term is defined in Section 4.1 below) or (ii) decline to
remove any such title exceptions and terminate Escrow 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 to
decline to remove such title exceptions and to terminate Escrow and the obligations of
Buyer and Seller to purchase and sell the Property under the Agreement. If Seller
notifies Buyer of its election to terminate the Escrow and this Agreement rather than
remove the objectionable items on the Preliminary Title Report or is deemed to have so
elected, 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 at the Close of Escrow subject to such objectionable
items without any adjustment to or credit against the Purchase Price. All exceptions to
title shown on the Preliminary Title Report, other than those which Seller may agree to
remove pursuant to this Section 3.1.1, shall be deemed to have been approved by
Buyer unless Seller is notified otherwise in writing.
Upon the issuance of any amendment or supplement to the Preliminary
Title Report which adds additional 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 ten (10) 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 "Closing" (as that term is defined in Section 4.1 below)
shall be extended for such period as is necessary to allow for that review and response
process to be completed.
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3.1.2 Environmental Condition.
(a) During the Due Diligence Period, Seller shall permit Buyer
and Buyer's directors, engineers, analysts, officers, employees, agents,
contractors, subcontractors, consultants, representatives, attorneys and
advisors (collectively, the "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 Buyer deems prudent with respect to the physical
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M
882/015610-0002
6714624.1 a02/26/14
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. Buyer shall also have the right to
investigate all matters relating to the zoning, use and compliance with
other applicable laws, codes, and ordinances which relate to the use and
occupancy of the Property. 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.
(b) 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 have procured and have 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 One
Million Dollars ($1,000,000.00) with a deductible or self -insured retention
amount of not more than Ten Thousand Dollars ($10,000); (3) the policy
shall name or be endorsed to Seller and Seller's officers, officials,
members, 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 the 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
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58
882/015610-0002
6714624.1 a02/26/14
damage to the Property caused by such inspections or investigations in a
timely manner.
(c) 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 fifteen (15) 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 elect to record and post notices of non -responsibility
from time to time on and about the Property.
(d) Buyer agrees to indemnify, defend, protect, and hold Seller
& Seller Personnel and the Property, free and harmless from any and all
loss, liability, claims, action, suit, proceeding, deficiency, fine, penalty,
damages and expenses (including, but not limited to, reasonable
attorneys' fees, expert witness fees, and costs) arising directly or indirectly
from: (i) the exercise of said entry, (ii) Buyer's failure to comply with the
conditions to Buyer's entry onto the Property provided herein, and (iii) the
presence of any Hazardous Materials (as defined in Section 12 herein) on,
under, in or about the Property occurring prior to or after the Close of
Escrow resulting from the activities of Buyer or Buyer Representatives on
the Property prior to the Close of Escrow. Such undertaking of indemnity
shall survive Close of Escrow or the termination of this Agreement for any
reason.
(e) Prior to expiration of the Due Diligence Period, Buyer shall
notify Seller in writing ("Buyer's Property Objection Notice") of any
objections Buyer may have to any physical or environmental conditions of
the Property (the "Disapproved Property Matters"). 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.
Buyer's failure to timely provide Seller with a Buyer's Property Objection
Notice shall constitute Buyer's approval of the condition of the Property.
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
objectionable items prior to the Close of Escrow, or (ii) decline to remove
the objectionable items and terminate Escrow 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 terminate Escrow and the obligations of
Buyer and Seller to purchase and sell the Property under this Agreement.
If Seller notifies Buyer of its election to terminate Escrow rather than
remove the objectionable items or if Seller is deemed to have elected to
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6VI
terminate Escrow rather than remove the objectionable items, 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 objectionable items, in which event Seller's election to
terminate Escrow shall be of no effect, and Buyer shall take title at the
Close of Escrow subject to such objectionable items without any
adjustment to or credit against the Purchase Price. Buyer's inspections
and investigations of the Property shall be conducted upon the terms and
conditions set forth in this Agreement.
3.2 Confidentiality. Any and all information made available to Buyer under this
Agreement or discovered by Buyer during its investigation of the Property shall be
treated as confidential by Buyer and such information shall not be disclosed prior to the
Close of Escrow without the prior written consent of Seller; provided, however, that
Buyer may disclose said information (i) to any attorney, accountant, engineer or
consultant providing services to Buyer in the normal and ordinary course of business,
(ii) to a court or any other official body if said confidential information is subpoenaed by
that court or official body; provided that Buyer notifies Seller, in writing, of the receipt of
such subpoena, and (iii) if required to disclose such information pursuant to the
California Public Records Act or other applicable law. Seller shall be permitted to
pursue, at Seller's cost, such confidentiality order with or without Buyer. Additionally, if
this Agreement terminates for any reason whatsoever, Buyer shall return to Seller all
written information delivered by Seller to Buyer pursuant hereto, and all copies of such
information made by Buyer, within ten (10) days after termination hereof. The
provisions of this Section 3.2 shall survive any termination of this Agreement.
4. CLOSE OF ESCROW.
4.1 Close of Escrow; Closing Date. Provided that all of the conditions of this
Agreement precedent to the Close of Escrow have been satisfied (or waived by the
appropriate party) prior to or on the Closing Date (as hereinafter defined), the Closing
(as hereinafter defined) of this transaction for the sale and purchase of the Property
shall take place on the date which is five (5) days after the date on which all of Buyer's
Conditions to Closing and all of Seller's Conditions to Closing have been satisfied (or
waived by the appropriate party); provided, however, in no event shall the Closing
occur, if at all, later than the date which is sixty (60) days after the Effective Date
("Closing Date"). The terms "Close of Escrow" and the "Closing" are used herein to
mean the time Seller's grant deed conveying fee title to the Property to Buyer is
recorded in the Official Records of the Office of the County Recorder of Riverside
("Official Records"). If Escrow is not in a condition to close by the 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 the 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 the Escrow, Escrow Holder
shall close the Escrow as soon as possible.
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In
['Y17
4.2 Recordation; Release of Funds and Documents. Escrow Holder is
directed, on the Closing Date, to record in the Official Records, the following documents
in the order listed: (i) the grant deed in the form of the attached Exhibit "B" transferring
title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents
as may be directed jointly by Buyer and Seller.
Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less
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 the 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 the 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, Buyer shall deposit or cause to
be deposited with Escrow Holder the following:
(a) The Purchase Price, less the Deposit and Independent Contract
Consideration; and
(b) 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:
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6714624.1 a02/26/14
(a) The executed and acknowledged Grant Deed;
(b) A Certificate of Non -Foreign Status (the "Non -Foreign Affidavit")
executed and acknowledged by Seller substantially 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.
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6. TITLE INSURANCE POLICY.
6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall
issue an ALTA owner's standard coverage policy of title insurance ("Title Policy"), in
favor of Buyer, as insured, with liability in the amount of the 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 3.1.1 above;
(c) Title exceptions, if any, resulting from Buyer's entry onto the
Property pursuant to the provisions of Section 3.1.2 above;
(d) Any other exceptions approved by Buyer; and
(e) The standard printed conditions and exceptions contained in the
ALTA standard owner's policy of title insurance regularly issued by
the Title Company.
6.2 Payment for Title Policy. Seller shall be responsible for the charges for
the Title Policy with coverage up to the amount of the Purchase Price. Buyer may, at its
election, request an ALTA extended policy of title insurance. Buyer shall pay the
difference for the charges between the premium for the extended coverage title policy
and the premium for the standard coverage title policy that Seller is responsible for
hereunder and the cost for any endorsements requested by Buyer.
7. REAL PROPERTY TAXES. Buyer shall pay all property taxes and assessments.
The Property is currently exempt from the payment of property taxes and assessments
due to Seller's status as a public agency. In the event, however, property taxes or
assessments are mistakenly assessed against the Property after the Closing for any
period prior to the Closing, Buyer shall be responsible for timely payment thereof but
Buyer may apply for a refund for that portion of taxes and assessments allocated to any
period prior to the Closing, in accordance with the applicable provisions of the Revenue
and Taxation Code. Seller shall cooperate with Buyer, at no cost to Seller, to effect
such refund.
8. CONDITIONS PRECEDENT TO CLOSING.
8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer
under this Agreement to purchase the Property and close the Escrow 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"):
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(a) On the Closing Date, the Title Company shall be irrevocably
committed to issue the Title Policy pursuant to Section 6 above
insuring fee title to the Property as being vested in Buyer;
In
DPP
(b) Escrow Holder holds all instruments and funds required for the
Closing, including, but not limited to, the fully executed and
acknowledged Grant Deed, and will deliver to Buyer the
instruments and funds, if any, accruing to Buyer pursuant to this
Agreement;
(c) 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;
(d) Seller is not in default of any term or condition of this Agreement.
In the event that any of Buyer's Conditions to Closing are not satisfied, deemed
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.
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 Purchase Price and all other instruments
and funds required for the Closing and will deliver to Seller the
instruments and funds, including, but not limited to, the Purchase
Price (less Seller's closing costs) accruing to Seller pursuant to this
Agreement;
(b) 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 as though made at that
time and all covenants of Buyer pursuant to this Agreement shall
have been fulfilled by the Closing Date;
(c) Buyer is not in default of any term or condition of this Agreement.
In the event that any of Seller's Conditions to Closing are not satisfied, deemed
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.
9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer
on the Closing Date.
10. ALLOCATION OF COSTS.
10.1 Buyer's Costs. Buyer shall pay the following costs:
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(a) One Hundred percent (100%) 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) All charges for recording the Grant Deed, if any;
(d) The premium difference between the ALTA extended policy of title
insurance and the ALTA standard coverage policy of title insurance
if Buyer requests an extended policy; and
(e) Any additional title insurance coverage Seller is not required to pay
for plus any title endorsements requested by Buyer.
10.2 Seller's Costs. Seller shall pay:
(a) Zero percent (0%) of the Escrow Holder's escrow fee;
(b) Seller's own attorney's fees in connection with this Agreement and
the transactions contemplated hereby;
(c) Any documentary transfer taxes associated with the conveyance;
(d) Fifty percent (50%) of all the charges for recording the Grant Deed,
if any; and
(e) The premium for the Title Policy that Seller is required to pay
pursuant to this Agreement.
11. BUYER ACKNOWLEDGEMENTS. Buyer understands, acknowledges, and
agrees that:
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(a) The current zoning for the Property is Major Community Facilities.
City of La Quinta staff shall assist Buyer, at no cost to Buyer, to
process through the City of La Quinta a general plan amendment
and zone change to change the zoning of the Property to Village
Commercial;
(b) The Property is legally nonconforming with respect to on -site
parking. No additional on -site parking is required for office or
similar use. Change in use and/or future building expansion will
require compliance with City's parking standards for additional
demand;
(c) Seller makes no representation or warranty that any public property
located adjacent to or near the Property that is currently available
as public parking will remain available as public parking, and Seller
hereby notifies Buyer that Seller may at any time determine to sell
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64
and/or develop any such public property for uses other than public
parking;
(d) The improvements on the Property were believed to be constructed
before 1970 and may contain asbestos;
(e) The Improvements on the Property are not compliant with the
requirements of the Americans with Disabilities Act.
12. "AS -IS"; Release.
Except as expressly provided herein, and subject to the limited representations
and warranties of Seller set forth in this Agreement, Buyer acknowledges that (i) Buyer's
purchase of the Property will be based on Buyer's own investigation and Buyer must
perform its own due diligence with respect to all environmental matters relating to the
Property, (ii) Buyer is not relying on any environmental audits or assessments
performed by or on behalf of Seller, (iii) Buyer is acquiring the Property in an "AS -IS,
WHERE -IS, WITH ALL FAULTS" condition, with no representation or warranty by
Seller, express or implied, regarding the presence of uncompact fill, the condition of the
soil, the geology, seismology, hydrology, or similar matters on, under, or affecting the
Property, the existence or condition of any improvements in, on, or under the Property,
the presence or absence of any "Hazardous Materials" (as that term is defined below)
in, on, under, or affecting the Property, or that the Property is suitable for Buyer's
contemplated use. Buyer acknowledges that Seller has undertaken no investigation,
and does not intend to undertake any investigation, concerning any aspect of the
physical or environmental condition of the Property and in no event shall Seller have
any obligation under this Agreement to cure or correct any physical defects or problems
with respect to the Property.
As used herein, the term "Hazardous Materials" shall mean any substance,
material, or waste which is, or becomes, regulated by any local governmental authority,
the State of California, or the United States Government, including, but not limited to,
any material or substance which is (i) defined as a "hazardous waste", "extremely
hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or
25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous
substance" under Section 25316 of the California Health and Safety Code, Division 20,
Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined
as a "hazardous material," "hazardous substance," or "hazardous waste" under Section
25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Materials Release Response Plans and Inventory), (iv) defined as a "hazardous
substance" under Section 25281 of the California Health and Safety Code, Division 20,
Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable
asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) listed under
Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of
Title 22 of the California Administrative Code, Division 4, Chapter 20, (x) designated as
"hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C.
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§1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xii)
defined as "hazardous substances" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
Upon Seller's conveyance of fee title to the Property to Buyer, Buyer shall be
deemed to have waived, released and discharged forever Seller from all present and
future claims, demands, suits, legal and administrative proceedings and from all liability
for damages, losses, costs, liabilities, fees and expenses, present and future, arising out
of or in any way connected with the condition of the Property, any Hazardous Materials
on the Property, or the existence of Hazardous Materials contamination due to the
generation of Hazardous Materials from the Property, however they came to be placed
there, except that arising out of the negligence or intentional misconduct of Seller.
Buyer acknowledges that it is aware of and familiar with the provisions of Section
1542 of the California Civil Code which provides as follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with
the debtor".
Only with respect to the condition of the Property as set forth in this Section 12
Buyer hereby waives and relinquishes all rights and benefits which it may have under
Section 1542 of the California Civil Code.
Buyer's Initials
13. DAMAGE, DESTRUCTION AND CONDEMNATION.
13.1 Risk of Physical Loss. Seller, prior to the Closing, shall promptly notify
Buyer in writing of any fire, casualty, or other damage (other than de minimis damage)
to the Property of which Seller has knowledge (as that term is defined below). In the
event of fire, casualty, or other damage (insured or not) to the Property which is
reasonably estimated to cost Ten Thousand Dollars ($10,000) or more to repair,
restore, or remediate, then Buyer, may on written notice to Seller terminate this
Agreement and the Escrow; provided that Buyer shall not have caused such fire,
casualty, or other damage. If any such occurrence costs less than Ten Thousand
Dollars ($10,000), or if Buyer does not so terminate this Agreement pursuant to its rights
under this Section 13.1, this Agreement and the Escrow shall continue in effect and
Seller shall assign all available insurance proceeds to Buyer, if any, received by Seller
related to such fire, casualty, or other damage (other than de minimis damage). As
used in the preceding sentence, the term "knowledge" shall mean the actual (not
constructive or imputed) knowledge of Frank J. Spevacek (Seller's City Manager),
without any investigation or inquiry or duty of investigation or inquiry.
13.2 Condemnation. In the event that, prior to the Close of Escrow, any
governmental entity shall commence any proceedings of or leading to eminent domain
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11-V
or similar type proceedings to take all or any portion of the Property, Buyer or 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.
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
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; provided, however, that notwithstanding the foregoing, the
City shall be an express third party beneficiary with respect to the indemnities and other
matters set forth in this Agreement which specifically and expressly run to the City's
benefit.
15.2 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 the
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.
15.3 Notices. All notices under this Agreement shall be effective upon personal
delivery, delivery by reputable overnight courier such as Federal Express that provides
a receipt with the date and time of delivery, or three (3) business days after deposit in
the United States mail, registered, 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
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-13-
To Seller: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: City Manager
Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92628-1950
Attn: M. Katherine Jenson, Esq.
Facsimile No.: (714) 546-9035
To Buyer: Malia Monroe
51350 Desert Club Dr. Suite 5
La Quinta, CA. 92253
Copy to: La Quinta Palms Realty
51001 Eisenhower Dr.
La Quinta, CA. 92253
Attn: Bruce Cathcart
15.4 Fair Meaning. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto.
15.5 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.
15.6 Choice of Laws; Litigation Matters. 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. The Superior Court of the State of
California in and for the County of Riverside, or such other appropriate court in such
county, shall have exclusive jurisdiction of any litigation between the parties concerning
this Agreement. Service of process on Seller shall be made in accordance with
California law. Service of process on Buyer shall be made in any manner permitted by
California law and shall be effective whether served inside or outside California.
15.7 Nonliability of Seller Officials. No officer, official, member, employee,
agent, or representatives 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, and, except as otherwise set forth herein, all representations and warranties
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68
contained herein shall survive the Closing Date and shall remain a binding contract
between the parties hereto.
15.10 Time of Essence. Time is of the essence in this Agreement and in 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 or Modification. A waiver of a provision hereof, or modification of
any provision herein contained, shall be effective only if said waiver or modification 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 breach or default unless
expressly provided herein or in the waiver.
15.12 Broker's Fees. Seller and Buyer represent and warrant to the other that
other than La Quinta Palms Realty, which has acted as broker to both Buyer and Seller,
neither Buyer nor Seller has employed any broker and/or finder 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
by any individual or entity other than La Quinta Palms Realty for any commission or
finder's fee in connection with the conveyance of the Property arising out of agreements
by the indemnifying party to pay any commission or finder's fee.
15.13 Duplicate Originals. This Agreement may be executed in any number of
duplicate originals, all of which shall be of equal legal force and effect.
15.14 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.
15.15 Exhibits. The following exhibits are attached hereto and incorporated
herein by this reference:
Exhibit "A" Legal Description of Property
Exhibit "B" Grant Deed
Exhibit "C" Non -Foreign Affidavit
15.16 Covenants of Seller. Seller agrees that during the period between the
Effective Date of this Agreement and the Closing Date:
(a) Seller shall maintain the Property in not less than the state of repair
as that existing on the Effective Date (excepting ordinary wear and tear);
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-15-
(b) Seller shall not convey, grant, lease, assign, mortgage,
hypothecate, encumber, or otherwise transfer (on or off record) the Property or any
interest therein;
(c) Seller shall not alter the physical condition of the Property or
introduce or release, or permit the introduction or release, of any Hazardous Material in,
from, under, or on the Property;
(d) Prior to Closing, Seller shall maintain Seller's existing insurance on
the Property.
15.17 Corporate Authority.The person(s) executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly organized
and existing, (ii) they are duly authorized to execute and deliver this Agreement on
behalf of said party, (iii) by so executing this Agreement such party is formally bound to
the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other agreement to which such party is bound.
15.18 Covenant Against Discrimination. Buyer covenants that in its performance
of this Agreement that 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.
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[END -- SIGNATURE PAGE FOLLOWS]
-16-
rill
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.
ATTEST:
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
City Attorney
882/015610-0002
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CITY OF LA QUINTA,
a Municipal Corporation
In
City Manager
"Buyer"
MALIA MONROE, an individual
IN
Malia Monroe
-17-
N
Four Seasons Escrow agrees to act as Escrow Holder in accordance with the terms of
this Agreement. All parties are aware that the Buyer in this transaction has an
ownership interest in Four Seasons Escrow.
882/015610-0002
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FOUR SEASONS ESCROW:
Name:
Its:
IM
r`a
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The following described real property in the City of La Quinta, County of
Riverside, State of California:
Lots 5 and 6 in Block 134 of Santa Carmelita Unit No. 14, as per Map recorded in Book
18, Pages 82 and 83 of Maps, in the Office of the County Recorder of said County.
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73
EXHIBIT "B"
FORM OF GRANT DEED
[SEE FOLLOWING PAGES]
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74
Recording Requested By and
When Recorded Return to:
51350 Desert Club Dr. La Quinta, CA. 92253
Attn: Malia Monroe
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
the CITY OF LA QUINTA, a Municipal Corporation (the "Grantor"), hereby grants to
MALIA MONROE, an individual ("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 all matters of record, and is further subject to the following:
[end — signature page follows]
882/015610-0002
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75
"Grantor"
CITY OF LA QUINTA,
a Municipal Corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
City Attorney
"Grantee"
MALIA MONROE, an individual
in
Name: Malia Monroe
882/015610-0002
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rcy
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
(Seal)
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
(Seal)
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77
ATTACHMENT NO. 1
LEGAL DESCRIPTION OF PROPERTY
The following described real property in the City of La Quinta, County of
Riverside, State of California:
Lots 5 and 6 in Block 134 of Santa Carmelita Unit No. 14, as per Map recorded in Book
18, Pages 82 and 83 of Maps, in the Office of the County Recorder of said County.
882/015610-0002
6714624.1 a02/26/14 Attachment 1 to Grant Deed
78
EXHIBIT "C"
AFFIDAVIT OF NON -FOREIGN ENTITY
TO: MALIA MONROE ("Buyer")
The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) 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
transfer of that certain U.S. real property interest described in Exhibit "A" to the
Agreement for Purchase and Sale and Escrow Instructions dated 2014, and
incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby
certifies the following:
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); and
2. The U.S. taxpayer identification number for Seller is 95-3740431; and
3. The address for mailing purposes of Seller is: 78-495 Calle Tampico, La Quinta,
California 92253; and
4. Seller understands that this certification may be disclosed to the Internal
Revenue Service by Buyer 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, and I further declare
that I have authority to sign this document on behalf of Seller.
Dated: , 2014
CITY OF LA QUINTA, a Municipal Corporation
Frank J. Spevacek, City Manager
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TABLE OF CONTENTS
Page
1. PURCHASE PRICE............................................................................................1
1.1 Amount....................................................................................................1
1.2 Payment of Purchase Price.....................................................................1
2. ESCROW........................................................................................................... 2
2.1 Opening of Escrow..................................................................................2
2.2 Escrow Instructions..................................................................................2
3. DUE DILIGENCE................................................................................................2
3.1 Due Diligence..........................................................................................2
3.2 Confidentiality.......................................................................................... 6
4. CLOSE OF ESCROW........................................................................................ 6
4.1 Close of Escrow; Closing Date................................................................6
4.2 Recordation; Release of Funds and Documents ..................................... 7
4.3 Escrow Cancellation Charges..................................................................7
5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND
SELLER.............................................................................................................. 7
5.1 Buyer's Obligations..................................................................................7
5.2 Seller's Obligations.................................................................................. 7
6. TITLE INSURANCE POLICY..............................................................................8
6.1 Title Policy............................................................................................... 8
8. CONDITIONS PRECEDENT TO CLOSING.......................................................8
8.1 Conditions Precedent to Buyer's Obligations ........................................... 8
8.2 Conditions Precedent to Seller's Obligations...........................................9
9. POSSESSION.................................................................................................... 9
10. ALLOCATION OF COSTS.................................................................................9
10.1 Buyer's Costs...........................................................................................9
10.2 Seller's Costs.........................................................................................10
11. BUYER ACKNOWLEDGEMENTS...................................................................10
12. "AS -IS"; Release...............................................................................................11
13. DAMAGE, DESTRUCTION AND CONDEMNATION.......................................12
13.1 Risk of Physical Loss.............................................................................12
13.2 Condemnation.......................................................................................12
15. MISCELLANEOUS...........................................................................................13
15.1 Assignment............................................................................................13
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Page
15.2
Attorney's Fees......................................................................................13
15.3
Notices...................................................................................................13
15.4
Fair Meaning..........................................................................................14
15.5
Headings................................................................................................14
15.6
Choice of Laws; Litigation Matters.........................................................14
15.7
Nonliability of Seller Officials..................................................................14
15.8
Gender; Number....................................................................................14
15.9
Survival..................................................................................................14
15.10
Time of Essence....................................................................................15
15.11
Waiver or Modification...........................................................................15
15.12
Broker's Fees.........................................................................................15
15.13
Duplicate Originals.................................................................................15
15.14
Severability............................................................................................15
15.15
Exhibits..................................................................................................15
15.16
Covenants of Seller...............................................................................15
15.17
Corporate Authority................................................................................16
15.18
Covenant Against Discrimination...........................................................16
15.19
Entire Agreement; Amendment..............................................................16
EXHIBITS
Exhibit A Legal Description of the Property
Exhibit B Form of Grant Deed
Exhibit C Form of Affidavit of Non -Foreign Entity
882/015610-0002
6714624.1 a02/26/14 -II-
81
82
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c�tit OF
CITY / SA / HA / FA MEETING DATE: March 4, 2014 AGENDA CATEGORY:
BUSINESS SESSION: 1
ITEM TITLE: APPROVAL OF PILLARS OF THE
COMMUNITY NOMINATIONS CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the Pillars of the Community nominations as submitted.
EXECUTIVE SUMMARY:
• Each year residents submit applications to nominate individuals for the Pillar
of the Community Award. These nominations are first reviewed by staff to
assure program requirements are met and then submitted to the City Council
for approval.
• Once approved, the names of the individuals are added to the Pillar wall near
the Spirit of La Quinta fountain and inscribed into the "Book of Deeds." An
acknowledgment event is then held for award recipients.
• As a part of the event, the City Council recognizes each of the Pillars with a
glass plaque and a certificate of appreciation.
• Senior Inspiration Award recipients are also included in the "Pillars of the
Community" acknowledgement event.
FISCAL IMPACT:
The total cost, which includes adding the names to the pillar wall and creating the
glass pillar plaques, will be approximately $300. There is sufficient funding in the
Community Services Special Events budget.
83
BACKGROUND/ANALYSIS:
On February 19, 2002, the City Council approved criteria for the "Pillars of the
Community" program, which requires candidates to have contributed significantly
to the development of the City, received City-wide recognition, and has signatures
of 25 residents stating support for the candidate. To date, five nominations have
been submitted for consideration. These nominations include:
Name
Residency
Contributions
Since
Robert Radi
2007
Member of the Cove Neighborhood Association,
Designer of the 9/1 1 Memorial Art Piece
Ed Alderson
2000
Served on the Planning Commission
Joan Rebich
1992
Served on the Community Services Commission
Richard Anderson
2003
La Quinta Rotarian, served on the Trilogy Board
of Directors and Trilogy Community Services
Organization
Angel Rojas
F 2003
Community Services Martial Arts Instructor
Pursuant to City Council direction, the County of Riverside's Senior Inspiration
Award program recipient would automatically be included in the "Pillars of the
Community" recognized that year. One person from each valley city is selected for
the program. Local service groups nominate an individual and present them to the
Community Services Commission, who then recommends the applicant to the City
Council. Ms. Phyllis Stuchul, 2013 Senior Inspiration Award recipient, will be
recognized this year.
Once the City Council approves the names of those individuals to be recognized,
invitations will be sent for the Pillars of the Community event scheduled for March
27, 2014 at 1 1 :00 a.m.
ALTERNATIVES:
Approve nominations per program guidelines for any or all nominations received.
Report prepared by: Tustin Larson, Recreation Supervisor
Report approved for submission by: Edie Hylton, Community Services Director
Attachments: 1. Robert Radi Nomination
2. Ed Alderson Nomination
3. Joan Rebich Nomination
4. Richard Anderson Nomination
5. Angel Rojas Nomination
84
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CITY / SA / HA / FA MEETING DATE: March 4, 2014 AGENDA CATEGORY:
BUSINESS SESSION: 2
ITEM TITLE: FORMATION AND APPOINTMENT OF
TWO MEMBERS TO AN AD HOC COMMITTEE TO CONSENT CALENDAR:
REVIEW GRANT REQUESTS
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Establish an Ad Hoc Committee to consider the second round of grant requests and
appoint two City Council Members to this Committee.
EXECUTIVE SUMMARY:
• The City Grant Program was established to support community services
providers and to support community marketing efforts, with priority given to
organizations that directly benefit La Quinta residents (marketing and
sponsorship grants go to organizations that benefit/enhance the City's
marketing efforts).
• Per City Council's guidelines, the City calls for grant applications twice a
year (first and second round). An Ad Hoc Committee, comprised of two
Council Members, is established for each round, and reviews the submitted
applications.
• The second round of grant applications will be submitted this month and a
new Ad Hoc Committee must be established to review these applications.
FISCAL IMPACT:
The 2013/14 grant fund has $24,900 available for second round grant requests.
BACKGROUND/ANALYSIS:
The City Grant Program was established to support both community services
providers and community marketing efforts. Organizations that directly benefit La
Quinta residents are given priority. Marketing and sponsorship grants go to
organizations that benefit/enhance the City's marketing effort. Completed grant
117
applications are submitted twice a year and are initially reviewed by an Ad Hoc
Committee comprised of two Council Members. The Ad Hoc Committee then
provides recommendations to the City Council. Council Member Evans and Council
Member Franklin were appointed to the first round Ad Hoc Committee in October
2013.
Marketing requests that exceed $5,000 are first reviewed by the La Quinta
Marketing Committee, comprised of representatives from SilverRock Resort, La
Quinta Arts Foundation, La Quinta Chamber of Commerce, La Quinta Resort &
Club, Old Town La Quinta, Desert Classic Charities, FG Creative, and City of La
Quinta staff. Once reviewed, the Ad Hoc Committee will then forward the
requests, with recommendations, to the City Council for a final determination.
The second round Ad Hoc Committee will review and recommend grants that will
be considered by the City Council on April 1, 2014.
ALTERNATIVES:
The City Council's policy is to establish an ad hoc committee to conduct the first
review of all grant applications. Thus, there are no alternatives to the
recommended action.
Report prepared by: Robert Ambriz Jr., Recreation Supervisor
Report approved for submission by: Edie Hylton, Community Services Director
[ I:]
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CITY / SA / HA / FA MEETING DATE: March 4, 2014 AGENDA CATEGORY:
ITEM TITLE: Mid -Year Budget Report for Fiscal Year BUSINESS SESSION: 3
2013/2014
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the recommendations contained in the Mid -Year Budget Report and direct
staff to make necessary expenditure and revenue budget adjustments to implement
the Report recommendations.
EXECUTIVE SUMMARY:
• A mid -year report providing information regarding expenditure and revenue
status (budget versus actuals) is prepared annually to allow the City Council
an opportunity to consider recommended adjustments to the annual
operating budget.
• Each City Department reviews its operating budget and provides
recommendations regarding the need for additional appropriations to cover
expenses not anticipated when the annual budget was adopted in June
2013.
• The Finance Department, in conjunction with other City Departments and the
City Manager, reviews revenue receipts versus budget at mid -year to provide
recommendations regarding potential revenue increases or decreases.
• Based on the results of the comprehensive mid -year review, staff is
recommending adjustments to various Department expenditure accounts,
along with adjustments to key revenue budgets, as outlined in the body of
this staff report.
IMA
FISCAL IMPACT:
The recommended action requires the following appropriation and revenue
adjustments:
Additional Appropriations
General Fund $713,250
Revenue Adjustments
General Fund $821,300
CDBG Fund $208,645
JABG Grant $ 29,558
BACKGROUND/ANALYSIS:
Each year, the City conducts a mid -year review of its revenues and expenditures in
order to provide the City Council with relevant financial data and to recommend
adjustments. This process helps ensure that the Council is aware of budget
variances and is provided the opportunity to consider adjustments prior to the close
of the fiscal year. The process also provides an opportunity for the City's
Executive Team to request budget adjustments for unforeseen expenses that took
place after the time of initial budget adoption.
Fiscal Year 2013/2014 Adopted Budget
In June 2013 the City Council adopted the annual operating and five-year Capital
Improvement Program budgets. The adopted budget contains general fund
expenditures and revenues of $34,385,700, reflecting a balanced general fund
budget that continues to provide the service levels that the La Quinta community
expects. In addition, the budget contains financial data for all of the City's
operating and capital funds. Attachment 1 is a summary of the general fund
revenue and expenditure adjustments, which are described in more detail below.
Revenues - $821,300 Increase
Staff reviewed the status of the City's major revenue sources to identify potential
anomalies between budgeted and actual revenues, and to make recommendations
for revenue budget adjustments. The City's primary revenue sources include
property, sales, and transient occupancy taxes. The other major revenue source is
development related revenue. Property tax, transient occupancy tax (TOT) and
development fee income has increased. Sales tax revenue is not expected to
exceed the original projected revenue.
Property Tax Revenue - $300,000. Revenue receipts at mid -year indicate that the
City's property tax revenue at the end of the fiscal year will exceed budget
projections, and staff recommends adjusting the revenue budget by $300,000.
This increase is due to improving property values combined with the elimination of
redevelopment.
TOT Revenue - $300,000. TOT revenue has experienced growth in the past year
as a result of increased rentals along with the implementation of an audit process
to capture single-family, short-term rentals. As a result, TOT revenue is expected
to exceed budget by $300,000.
Development Permit/Fee Revenue - $221 ,300. A review of development related
and other revenue in Public Works and Community Development found several
variances in the budget versus actual amounts at mid -year. As a result, the
following revenue account adjustments are being recommended:
Plumbing Permits
$
17,000
Mechanical Permits
$
30,000
Electrical Permits
$
17,000
Miscellaneous Permits
$
65,000
Plan Check Fees
$150,000
Village Use Permit
($
4,000)
Specific Plan Amendment
($
1,500)
Tentative Tract Map
($
4,000)
Conditional Use Permit
($
5,000)
Site Development Permit
$
40,000
Zone Change
($
5,200)
Environmental Assessments
($
1,000)
General Plan Amendment
($
6,000)
Parcel Map
$
9,000
Administrative Citations
($
10,000)
Lot Abatement
($
20,000)
Vehicle Abatement
($
15,000)
Vehicle Impound Fee
($
5,000)
Motor Vehicle Code Fines
($
30,000)
TOTAL
$221,300
Finally, during the budget development process staff failed to budget for the
Juvenile Accountability Block Grant (JABG) in the amount of $29,558 and
Community Development Block Grant (CDBG) funding in the amount of $208,645;
thus this amount is being recommended to be added to the revenue budget in the
grant funds account. The expenditure budget for both the JABG grant and the
CDBG funds were already accounted for in the FY 2013/14 operating budget;
therefore an adjustment to the expenditures is not required.
[44
Expenditures
As a part of the mid -year review process, each Department conducted a review of
their budgets, comparing budgeted amounts with actual year-to-date expenditures.
The results of this review identified the following items that staff is recommending
the City Council consider for adjustment:
Human Resources - $95,000
As the City workforce continues to grow and change, there is a need to reestablish
a budget for employee recruitment. The recruitment budget was significantly
reduced during budget cutbacks, and staff is recommending reinstating an amount
of $10,000 for recruitment for the remainder of FY 2013/14.
The City was required to fund unemployment benefits for employees who were
released during the reorganization of personnel. The City budgeted $127,600 for
these costs, and anticipated paying the full costs during FY 2012/13. However,
the State only billed the City for a portion of the costs ($57,539) in FY 2012/13,
and the remaining billing was received in the current fiscal year, causing an overage
of $85,000 in the current year.
Community Services - $25,500
At the request of the City Council, staff is recommending additional hours of
operation for the La Quinta Boys and Girls Club. The recommendation will require
additional funding of $2,500 from the general fund for the remainder of the fiscal
year.
As part of the City's ongoing desire to improve the customer service experience at
City facilities, staff is proposing new signs at City Hall to help identify the
departments and direct visitors. This proposal requires an additional $23,000.
SilverRock Resort - $100,000
During the severe storms in August 2013, the golf course at SilverRock Resort
suffered extensive damage. Since that time, staff has overseen the major repairs
necessary to correct the damage and restore the course to operational status. The
City carries insurance for such occurrences, and the policy contains a $100,000
deductible. In order to properly account for the expenses associated with the loss,
and the associated reimbursement, it is appropriate to increase the expenditure
budget for the repairs by $778,046 and increase the associated revenue budget by
$678,046 to account for the insurance company's reimbursement for the
expenses. The financial activities of SilverRock Resort are accounted for in a
separate fund; therefore the expenditure and revenue adjustments associated with
the storm damage would be made in that fund. As the Council is aware, the golf
course will be closed during the last part of this fiscal year as a result of the canal
work being done; thus the SilverRock budget was already anticipated to end the
year with a budget deficit. Therefore, the $100,000 needed to cover the
`rlit
difference between what insurance will pay and the cost of the required
improvements (the $100,000 deductible) resulting from the August 2013 storm
damage requires the additional general fund appropriation.
Public Works - $230,000
The City has been experiencing higher volumes of development -related activity. As
a result, Public Works is requesting an additional $75,000 for on -call plan check
services and $40,000 for contract inspection services.
Additionally, Public Works has been engaged in several unanticipated activities
including research relating to potential north La Quinta landscape assessment
district modifications, Congestion Mitigation and Air Quality application process,
feasibility studies relating to traffic matters, drainage studies resulting from the
August 2013 storms, and on -call signal technician services during the transition of
the Department's newly hired Traffic Signal Technician. These unanticipated items
require additional funding of $55,000.
Finally, the City's median and parkway landscape maintenance costs are increasing
due to additional areas that must be maintained, along with higher utility and water
costs. As a result, Public Works is requesting $60,000 to cover the anticipated
costs for the remainder of the fiscal year.
Community Development - $262,750
As a result of higher levels of development -related activity, the Department is
requesting adjustments to the following budget line items: $12,000 for temporary
clerical staff services; $6,000 for public hearing and other meeting advertising; and
$198,000 for contract services for planning, plan check and building inspection
services.
Community Development is also requesting adjustments to their current staffing
structure in an effort to improve the overall customer service experience,
administration of the forthcoming permit tracking software and to respond to the
pending retirement of key Department staff. The proposed positions and
associated costs for the remainder of FY 2013/14 include funding new positions of
Permit Operations Supervisor ($27,750) and an Office Assistant ($17,500), and
reclassifying the current Secretary position ($1,500). The ongoing annual cost of
these additional positions is estimated to be $187,000, which will be partially
offset by not filling a currently vacant Assistant Planner position ($70,000
annually).
City Reserves
With regard to the current revenue budget, it should also be noted that in January
2014 the City received $1,993,965 from the County of Riverside that is not a part
of the City's regular property tax receipts. These funds are the City's proportional
share of the $41 .3 million payment the City was required to remit to the County
`11
pursuant to the California Department of Finance. Since the $41.3 million
originated from General Fund Reserves, these funds were deposited in Reserves.
As of June 30, 2013, the City had $92,572,590 of Reserves. These reserves are
comprised of $65,225,273 of Non -Spendable (non -cash) reserves, and
$27,347,317 of Restricted and Unassigned (cash) reserves. The Non -Spendable
Reserves are primarily comprised of loans due the General Fund from other funds
and other governmental agencies. $41.3 million of this amount is the repayment
of the $41.3 million the City remitted to the County pursuant to the California
Department of Finance.
Of the remaining $27,347,317 of cash reserves, $16,034,995 is restricted for use
only in a fiscal emergency, $5,385,671 is reserved for capital projects, post -
retirement health benefits and continuing appropriations, and $2,836,820 for
annual cash flow needs. This leaves $3,089,831 in unassigned reserves. The
$1,993,965 received from the County in January was added to the unassigned
reserves; this category now totals $5,083,796.
The City currently has two reserve policies:
• A Cash Flow Reserve of 8.25% of the annual general fund operations
budget, which sets aside funds to cover operating expenses in anticipation
of annual revenue; and
• An Emergency Reserve of 35% of the annual general fund operations budget
plus $4,000,000; this Reserve is to be used only when there is a fiscal
emergency, meaning an acute revenue drop due to a disaster or declining
economic conditions.
As part of the FY 2014/15 budget process, staff will be bringing forth additional
reserve policies for Council consideration. Staff anticipates that the City will gain
future income that should not be used to cover operations. This income would be
gained on a one-time basis as follows:
• The sale of City real property assets. The City has purchased various
properties for economic development investment. As these properties are
sold, the Council should consider reserving these sale proceeds for
additional investments that would increase City revenue.
• The repayment of the $41.3 million of City loans to the former
Redevelopment Agency, which is projected to occur over the next 29
years. Twenty percent of this amount ($8.3 million) must be pledged for
affordable housing preservation or development; the remaining $33.0
million may be used for City purposes. Staff feels that a portion of the
$33.0 million should be pledged to unassigned reserves and a portion
pledged to fund capital improvements that benefit the community.
f[+Y'
ALTERNATIVES:
There are no alternatives to the recommended revenue adjustments. Staff
employed conservative revenue projections and believes that this additional revenue
will be realized. Regarding expenditure, staff is making these recommendations
because we believe they maintain or improve critical services. However, the
Council may elect to modify the recommended funding levels, which would then
modify service levels.
Report prepared by: Patrick Griffin, Interim Finance Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. FY 2013/14 General Fund Mid -Year Budget Requests
fNIC?
ATTACHMENT 1
FY 2013/14 General Fund Mid Year Budget Requests
REVENUES
Property Tax
300,000
Transient Occupancy Tax
300,000
Development Permit Fee
221,300
$ 821,300
EXPENDITURES
Human Resources
Recruitment/Development
10,000
Unemployment Benefits
85,000
$ 95,000
Community Services
Boys and Girls Club Hours
2,500
City Hall Signage
23,000
$ 25,500
SilverRock Resort
SRR Storm Repairs 100,000
$ 100,000
Public Works
Plan Check Services 75,000
Construction Inspection 40,000
NLQ/CMAQ/studies/Signal Tech 55,000
Parkway Maintenance 60,000
$ 230,000
Community Development
Temporary Agency Services 12,000
Advertising 6,000
Contract Services 198,000
Permit Operations Supervisor 27,750
Office Assistant 17,500
Secretary Reclassification 1,500
$ 262,750
TOTAL $ 713,250
Surplus/(Deficit) $ 108,050
T4hf 4 4 a"
CITY / SA / HA / FA MEETING DATE: March 4, 2014 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: DISCUSS BUS SHELTER PLAN FOR CONSENT CALENDAR:
HIGHWAY 111
STUDY SESSION: 1
PUBLIC HEARING:
RECOMMENDED ACTION:
Discuss City's Custom Bus Shelter Design for Sunline bus stops on Highway 1 1 1.
EXECUTIVE SUMMARY:
• In 1997, the City approved the original Highway 111 Corridor Landscape
Design Guidelines, which was most recently updated in 2011. These
guidelines provide standards for median and parkway landscape and
hardscape design
• As part of the guidelines, the City Council selected a design for a La Quinta
Signature Custom Bus Shelter along Highway 111 (Attachment 1). Of the
eleven bus stops on Highway 111 (Attachment 2), five are the Signature
Custom design, two are Sunline Bus Stop Improvement Program design
(Attachment 3), and four bus stops have no bus shelters at this time.
• Staff is seeking City Council direction on whether or not to replace the two
Sunline design shelters with the La Quinta Signature Custom Bus Shelter.
• Additionally, Sunline Transit Agency has requested the City address the
unsheltered bus stops on Highway 111. Staff therefore seeks direction on
whether to install the La Quinta Signature Custom Bus Shelter on the four
unsheltered bus stops as part of a future Capital Improvement Project(s).
FISCAL IMPACT:
None directly associated with this item; however, if City Council directs staff to
replace and/or install La Quinta Signature Custom Bus Shelters along Highway 111
where needed, the total cost for the six new shelters is estimated to be $700,000.
Regardless of design type, all bus stop locations would continue to be maintained
by Sunline Transit Agency.
BACKGROUND/ANALYSIS:
In recognition of Highway 111 as the major image and commercial corridor, City
Council adopted design standards for developers to follow for median and parkway
design. The objective of these guidelines was to create a community identity
unique to the City. On February 11, 2011, City Council updated the guidelines to
include Spanish adobe accents that draw upon the architecture and landscaping of
the historic La Quinta Resort and Spa. The most recently constructed La Quinta
Signature Custom Bus Shelter in front of Walmart reflects this updated design.
The cost for the six needed La Quinta Signature Custom Bus Shelters is estimated
at $110,000 per shelter. Additionally, $40,000 is necessary in order to bring the
bus shelter design into compliance with the latest California Building Code,
resulting in a total project cost of $700,000. If desired by City Council, the
construction cost could be spread over several years within the Fiscal Year
2014/2019 Capital Improvement Program (CIP). The City would need to find funds
to underwrite this endeavor since current CIP funding resources cannot
accommodate these costs. If the State allows the City to use the remaining 2011
non -housing bond proceeds ($3.5 million), the proceeds could be used for this
purpose since they are reserved for a greater Highway 111 improvement initiative.
If City Council would like to phase the construction, Sunline has offered to install
temporary bus shelters along Highway 111 from either of these sources:
1. Sunline could relocate four bus shelters from inactive bus stops within the
City; or,
2. Sunline could install new Sunline Standard Bus Shelters as part of their Bus
Stop Improvement Program — Phase 5, in which case the City would need to
appropriate $2,500 to upgrade the bus benches to comply with Americans
with Disabilities Act standards.
Sunline reports that the Highway 111 route is heavily used and there is great
interest by the ridership in getting solar protection at the stops that do not yet have
shelters. Staff seeks direction on the installation of temporary bus shelters along
Highway 111 if Council decides to delay the installation of City's Signature Custom
shelters. The four remaining unsheltered bus stops on Highway 111 are currently
unfunded as well and, if desired by City Council, could be included in a future CIP
as an add project until funding is determined.
11110
Report prepared by: Edward J. Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1 . Example of La Quinta Signature Custom Bus Shelter design
2. Map of bus shelters along Highway 1 1 1
3. Example of Sunline Bus Stop Improvement Program
shelter design
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HAND OUTS
SB 1262 (Correa) Medical Mariivana - TALKING POINTS
This measure is fundamentally about three things: advancing local control, protecting public
safety and creating uniform health and safety standards that ensure the lawful distribution
of medical marijuana only in those cities and counties in which it is authorized. It carefully
safeguards the right of cities and counties to decide whether to regulate and prohibit
medical marijuana cultivation and distribution.
• This measure is not an endorsement of the legalization of marijuana or a "gateway" bill to
facilitate the legalization of recreational marijuana.
This proposal provides a much needed and long overdue framework to effectively
implement Proposition 215, the Compassionate Use Act. That initiative, which voters passed
in 1996, provided patient access to medical marijuana. However it did not include a
comprehensive framework for implementation that provided local governments the
authority to create and enforce locally driven policies, nor did it ensure public safety by
providing clear guidelines for medical marijuana regulations.
• Since Prop. 215's passage we've had regulatory chaos, piecemeal legislation and perpetual
litigation. None of this has served local governments, law enforcement or patients well.
Last year several bills attempted to undermine or eliminate local.control over critical issues
such as municipal zoning, permit decisions and licensing ordinances. These and other similar
bills ignored public safety concerns about promoting recreational use, sought to limit local
law enforcement's investigatory powers, and failed to address diversion of the product,
cartel activity, or security concerns at dispensaries. Finally, they did they not include the
health and safety standards that are necessary for any medicine.
The Police Chiefs and League have worked together to co-sponsor legislation that for the
first time effectively retains local control, protects public safety and creates uniform health
and safety standards for the distribution of medical marijuana. It does so by:
o Upholding current law and building on existing policies to ensure cities have control
of regulating local medical marijuana, facilities;
o Requiring local medical marijuana dispensary owners to secure all local permits in
order to obtain a state license.
o Preventing recreational marijuana users from having easy access to medical
marijuana for non -medical purposes, which threatens public safety; and
o Creating stronger tools for the California Medical Board to monitor and regulate
doctors recommending medical marijuana, make inquiries and audit doctors under
specified circumstances, as well as establishing a certification process for
recommending doctors. Doctors would also be required to complete updated
training and follow record keeping requirements to track the number of medical
marijuana recommendations.
ISSUE
Since the approval by voters in 1996 of the
Compassionate Use Act (Proposition 215),
state law has allowed Californians access to
marijuana for medical purposes, and
prohibited punitive action against physicians,
for making medical marijuana
recommendations. SB 420 (2003), allowed
patients and primary caregivers to cultivate '
marijuana for personal use and established in
the Department of Public Health a medical
marijuana card program for patients to use on
a voluntary basis.
In the intervening 11 years, no broader,
feasible regulatory structure has been
established, and the implementation of the-, y
Compassionate Use Act has been marked by;!�
conflicting authorities, regulatory chaos,,
intermittent federal enforcement.actl
series of lawsuits which have tested t
of the Act, and focused on the extent
authority of local government.
Nearly all attempts at medical marijuana
legislation in California have been geared
toward state pre-emption, and unsympathetic
to the authority of local government. None
have been health -based, despite the medical
rationale that spawned Prop. 215. None have
sought to impose any health and safety
standards, despite the fact that the regulatory
structure they tried to establish would have
exercised oversight over what is known to be a
psychotropic substance. And finally, no
legislation has squarely addressed the many
public safety concerns triggered by such a
regulatory scheme.
EXISTING LAW
Proposition 215, or the Compassionate Use Act
(CUA), decriminalizes the use of marijuana for
medical purposes, provides for patient access
to medical marijuana, and prevents doctors
from being penalized for making medical
marijuana recommendations. SB 420 (2003),
the Medical Marijuana Program Act (MMPA),
clarifies some implementation aspects of the
CUA, including issuance of identification cards
for qualified patients, and allowed patients
and their primary caregivers to collectively or
,.,,,cooperatively cultivate medical marijuana,
.granting them immunity from nuisance
abatement actions for this activity. More
P recently, California law has decriminalized
marijuana possession so long as the amount
does not indicate possession for sale.
i THIS BILL
r. SB � ill:
1) Protect local control by precluding an
operator from obtaining a state license
unless the operator has first secured all
necessary local permits from a particular
jurisdiction;
2) Uphold local governments' ability to ban
dispensaries and all related facilities;
3) Impose tighter regulations on doctors
who issue medical marijuana
recommendations, including new training
and record keeping requirements as well
as fines, and a strict regimen for
recommendations to minors;
4) Impose uniform quality assurance
standards as -well as health and safety
standards to be administered by
counties with oversight by the
Department of Public Health;
5) Require a series of detailed security
measures to prevent diversion and
recreational use at all medical cannabis
facilities.
RECENT LEGISLATION
AB 473 (Ammiano, 2013) sought to establish a
mandatory statewide commercial registration
scheme for marijuana dispensaries.
SB 439 (Steinberg, 2013) sought to exempt
marijuana collectives and cooperatives from
nF
various forms of criminal prosecution under
the California Health & Safety Code, as well as -
from local nuisance abatement actions under
Health & Safety Code Section 11570.
AB 604 (Ammiano, 2013) sought to establish..
for -profit sales of marijuana by commercial = 1.]
operators, and significantly restrict municipal.?"
zoning powers and local law enforcement;`""
authority.
�m
SUPPORT
• California Police Chiefs Association
(Sponsor)
• League of California Cities (Co-sponsor)
OPPOSITION
. None
STATUS
0 Introduced February 21, 2014
TIM
Contact: Amy Jenkins
Chief of Staff
Office of Senator Lou Correa
(916) 651-4034
amy.ienkins(a)-sen.ca.gov
John Lovell
California Police Chiefs Association
(916) 261-7188
11oVe11(c�iohnlovel l.com
Tim Cromartie
League of California Cities
(916) 658-8252
tcrom artie(cDcacities.orq
T
Comparison
Current Law, Recent Medical Marijuana Legislation, and Police Chiefs/League 2014 Medical Marijuana Proposal
Current Law
Recent (2013) Legislation
2014 Medical Marijuana Proposal
Local Control
Yes, but it is tenuous. Riverside v.
No. All bills sought to override local
Yes. Unconditionally upholds local
Inland Empire (Cal. Supreme Ct. case) —
control, with exception of AB 473
control (state license dependent
upholds local bans, but decision invited
(Ammiano) — protected local control
upon evidence of local permitting
Legislature to take further action to
with strong anti -pre-emption language
approval)
clarify law; periodic litigation prevails
(Health & Safety Sec. 11362.83)
Public Safety
Specifies the following: required
(Diversion)
Diversion generally prohibited under .
No provisions expressly addressing
security procedures at MM
Compassionate Use Act and Health
diversion (not even a recitation of
facilities, including secure storage
&Safety Sec. 11362.5(b)(2), but no
existing law)
of product; triggering events
specific provisions of law regulate
requiring local law enforcement
dispensaries to help prevent it
notification; procedures for
transport and inventorying of
product
Public Safety
Prohibited by current law, but
No provisions expressly addressing
(Recreational Use)
recreational use tolerated in many
recreational use (but AB 604 (Ammiano)
(see above)
jurisdictions, so long as amounts do not
included reference to traffic in both
indicate possession for sale
cannabis and medical cannabis)
Regulation of Doctors
Prop. 215 prohibits professional
Generally dependent on action on
Requires special certification,
licensing boards from disciplinary or
complaints by CA Medical Board (CMB);
doctor -patient relationship, and
other action vs. doctors solely for
Exception: SB 439 (Steinberg) directed
in -person exam to make MM
issuing MM recommendations; further
CMB to prioritize investigation of
recommendations; THC/CBD*
regulation dependent entirely on
doctors recommending MM without
content must be specified; strict
action on complaints by CA Medical
patient exam, and defined this activity,
standards for recos to minors, -
Board
as well as aiding unlicensed
requires record keeping and
practitioners to make recos, as
monthly reports to CA Medical
unprofessional conduct
Board; includes triggers for audits
* THC: Tetrahydrocannabinol, the main psychoactive component in marijuana, known to permanently hamper brain development in minors.
CBD: Cannabidiol, a cannabinoid that is a major component of marijuana plants, second only to THC, with psychoactive properties but lacking
THC's intoxicating quality. CBD has analgesic (pain relieving) properties effective in treating PTSD, Chron's Disease, multiple sclerosis, and some
forms of epilepsy.
r
Current Law
Recent (2013) Legislation
2014 Medical Marijuana Proposal
State Licensing
Non-existent
Dept. of Alcoholic Beverage Control
Dept. of Public Health
Authority
(But SB 420 (2003) authorized Dept. of
Public Health to administer voluntary
medical marijuana card program)
Health & Safety
Non-existent
Non-existent
Requires compliance with CA
Standards
Sherman Food, Drug and
Cosmetic Law (AB 1277, 2012);
Prohibits use of non -organic
pesticides; County health depts.
to enforce with Dept. of Public
Health oversight
Quality Assurance
Non-existent
Non-existent
Requires Dept. of Public Health to
Standards
establish quality assurance
standards to protect vs. any
contaminants notcovered by
other provisions
Health Based
No designated central regulatory entity
No. All legislation has designated the
Yes. Dept. of Public Health, the
Regulatory Entity
(but Dept. of Public Health issues
Dept. of Alcoholic Beverage Control as
CA Medical Board, and county
voluntary medical marijuana cards per
the regulatory entity
health departments each have
SB 420 (2003)
critical role
* THC: Tetra hydrocannabinol, the main psychoactive component in marijuana, known to permanently hamper brain development in minors.
CBD: Cannabidiol, a cannabinoid that is a major component of marijuana plants, second only to THC, with psychoactive properties but lacking
THC's intoxicating quality. CBD has analgesic (pain relieving) properties effective in treating PTSD, Chron's Disease, multiple sclerosis, and some
forms of epilepsy.
MEDICAL MARIJUANA PROPOSAL
FREQUENTLY ASKED QUESTIONS
1. Why have the Police Chiefs and the League partnered in crafting this proposal?
In 2013, the League and the Police Chiefs joined forces to defeat four separate medical
marijuana bills, that to varying degrees sought to undermine or eliminate local control,
and. to strip local law enforcement of certain powers. In the wake of this experience, our
two organizations concluded that any proposal that upheld local control and honestly
addressed the public safety concerns triggered by medical marijuana, would have to be
one that we wrote ourselves.
It seemed a prudent course of action to undertake the task of crafting what we believed to
be a responsible, realistic regulatory structure, in light of recent legislation favoring state
pre-emption, and the political climate in California which is increasingly lenient toward
marijuana as a controlled substance since the approval of Proposition 215 in 1996, and
may now be leaning toward legalization. It came down to a choice: either be pro -active
and craft a regulatory process upholding local control and addressing the public safety
concerns involved in marijuana regulation, or have a different solution imposed on us that
will likely be crafted by the medical marijuana industry — either through legislation or the
initiative process -- that totally fails to address our concerns.
2. What would this proposal do?
It will:
1) Protect local control by preventing an applicant from obtaining a state license unless
the applicant has first secured all necessary local permits from a particular
jurisdiction;
2) Unconditionally uphold local governments' ability to ban dispensaries and all related
facilities;
3) Impose tighter regulations on doctors who issue medical marijuana recommendations,
including new training and record keeping requirements as well as fines, and a strict
regimen for recommendations to minors;
4) Impose uniform health and safety standards as well as quality assurance standards, to
be administered by counties with oversight by the Department of Public Health;
5) Require a series of detailed security measures to prevent diversion and recreational
use at all medical cannabis facilities.
3. Why must we pursue our own legislation to ensure that the concerns of the League
and the Police Chiefs are addressed?
To prevent the establishment of a regulatory scheme that takes away local control and ties
the hands of local law enforcement. Recent attempts at legislation point to this agenda on
the part of those sponsoring the bills. Of the four medical marijuana bills that were
defeated last year, all initially tried to override local control with a state pre-emption
scheme. All were backed by the marijuana industry and involved minimal regulation.
None of them addressed the public safety concerns about promoting recreational use, one
tried to limit local law enforcement's investigatory powers, and none of them did
t
anything to address diversion of the product, cartel activity, or security concerns at
dispensaries. Finally, none of them incorporated any health and safety standards which
are necessary when trying to regulate a drug with psychotropic properties (please see the
attached chart).
4. Is this a pathway to marijuana legalization?
No. The League and the Police Chiefs remain strongly opposed to any legalization
scheme. This proposal should in no way be interpreted as an attempted path to
legalization. If anything, we expect it will present moderates of both parties in the
Legislature with a reasonable alternative to any legalization legislation, and to any
competing medical cannabis bills, which will likely be sponsored by the industry, again
with minimal regulation. Ideally, it will prevent a 2014 legalization measure.
5. If we are opposed to marijuana use, why aren't we taking the position of just
working to defeat all such bills?
We continue to oppose legislation that seeks to pre-empt local control and tie the hands of local
law enforcement. However, with marijuana legalization in Washington State and Colorado, the
Democratic supermajority in the California Legislature, and the softening of opposition to
marijuana on the part of the federal government and the general public, there is a real concern that
if the League and the Chiefs do not actively work to shape a medical -only marijuana policy, we
may have something much worse forced upon us. In fact, this bill will vastly improve on the
current state of affairs, where virtually anyone can obtain a medical marijuana card from a
compliant doctor. We have therefore made the decision to back this proposal.
6. What could be worse?
Just look at the bills of the past year (see #3 above). They point to attempts to establish
either a scheme of widespread recreational use bringing state pre-emption of local
ordinances, without any real controls to prevent smuggling, cartel activity and increasing
use of marijuana by minors -- or a medical -only scheme that overrides local control,
backs off from regulating doctors' medical marijuana recommendations, and ignores the
need for health and safety standards. This year, there is also the threat of an equally loose
legalization measure on the ballot in November.
7. Won't this proposal violate Proposition 215?
No. In 1996, Proposition 215, or the Compassionate Use Act (CUA), decriminalized the
use of marijuana for medical purposes as it provided for patient access to medical
marijuana and prevented doctors from being penalized for making medical marijuana
recommendations. In 2003, the Legislature's enactment of SB 420, the Medical
Marijuana Program Act (MMPA), clarified some specifics of implementing the CUA,
including issuance of identification cards for qualified patients and allowing patients and
their primary caregivers to collectively or cooperatively cultivate medical marijuana.
However, neither Prop. 215 nor the MMPA made any attempt to establish a broader
regulatory framework, or lay out how it would be implemented. in California's
communities. This proposal provides what up to now we have lacked: a thoughtful,
health -based and responsible regulatory approach to implementing Prop. 215, while
respecting local control. Since Prop. 215 was approved by voters in 1996, the lack of a
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comprehensive implementation framework has led to 18 years of regulatory chaos,
piecemeal legislation, and perpetual litigation — none of which has served patients, law
enforcement, or local governments well. This proposal fills that void by providing a
roadmap for implementing. Prop. 215, consistent with recent Supreme Court decisions.
8. What if marijuana is legalized in California in the future?
Neither the League nor the Police Chiefs'support marijuana legalization. However, if
legalization should occur in the future, then this proposal could help form the basis for an
improved regulatory structure.
9. What role would the state have under this plan?
State licensing would be the responsibility of the Department of Public Health (DPH).
Licenses could not be issued to any applicant who fails to produce evidence of local
zoning and permitting approval, and payment of any applicable local business taxes.
DPH would also be responsible for development of quality assurance standards (affecting
testing, packaging, potency, purity, and elimination of contaminants not covered by other
applicable laws). Costs would be covered by application and testing fees.
The California Medical Board would also have a more robust role in the regulation of
doctors, including establishing a certification process for doctors who make medical
marijuana recommendations, and crafting more detailed protocols for making them.
10. What entities will enforce this regulatory scheme at the local level?
Local law enforcement would have the same authority as under current law to investigate
and respond to criminal law violations or any other security concerns. Cities will still
retain their police power authority to enact and enforce local ordinances and abate public
nuisances. County health departments would be responsible for enforcing health and
safety standards, with oversight from the California Department of Public Health.
Counties would be authorized to levy fees against dispensary/facility operators to cover
their costs.
�E. A
xC I T .. E 5
Medical Marijuana Legislative Proposal
Get the details of this proposal in this free Webinar
Tuesday, February 25, 2014
10:00 —11:30 a.m.
Last year, the League along with law enforcement organizations defeated four
different medical marijuana bills in the legislature. Each of these measures to
varying degrees sought to override or undermine local control and each failed to
adequately address the many public safety issues presented by dispensaries and
efforts to regulate them.
Join us and learn more about SB 1262 (Correa), which is being sponsored by the
California Police Chiefs Association and cosponsored by the League of California
Cities that will protect local control and public safety.
Register at www.cacities.org/events by 3:00pm on Monday, February 24th. One
connection per city please. Webinar log -in information will be sent by 5 p.m. on
February 24th, 2014 .
For registration questions, contact Megan Dunn at mdunn@cacities.org
4/
NA r 9"OLICE CHIE
P.O. Box 255745 Sacramento, California 95865-5745 Telephone (916) 481-8000 FAX (916) 4818008
limaih lmeoll rocaliforniapolicechiefs.org • Welisite: californiapolicechiefs.org
EXECUTIVE BOARD
President
KIM J. RANEY
Covina
1st Vice President
CHRIS BOYD
Citrus Heights
February 24, 2014
2ndVice President
DAVID BEJARANO
Honorable Lou Correa
3rd Vice President
KEN coRNE1(
Veniura
Member of the California Senate
Immediate Past President
scoTrt.SEAMAN
State Capitol
Los Gatos/Monte Serena
Directdr:ai Large
Sacramento, CA 5814
ROBERTLEHNER
.
Elk Grove
DIRECTORS
Senate Bill 1262 (Correa)
Region 1
TOM CHAPMAN;Arcata
Region
Sponsor
PAUL NANFITO, Red Bluff
Region 3,
JEFF WEAVER, Sebastopol
Dear Senator Correa:
Region 4
ROBERT LEHNER, Elk Grove
Region 5
RON LAUVRENGE, Rocklin
Senate Bill 1262 is sponsored by the California Police Chiefs Association and is
WALTER TIBBET, Fairfield
co -sponsored by the League of California Cities. The policy underlying this bill
Region 7
MARK HELMS, Lodi
is the need for inclusive and substantial reform of California's medical marijuana
Region 8
DAVID SNING, Morgan Hill
Region
laws as defined by the Compassionate Use Act of 1996 (Proposition 215) and SB
EDDIE RO DRI GUEZ Marina
Region18
420 (2003). Although initially presented to voters as another medical remedy for
JOE GARZA, Reedley
Reg
Regiomll
patients in extreme health distress, its implementation has been both chaotic and
MARIO KRSTIC, Famrersville
Region 12
uneven.
STEVE.GESELL, San Luis Obispo .
REGION 13
ED MEDRANO Gardena
Among the most troublesome issues with Proposition 215 includes the ability of
Region 14
RICK HICKS, Placentia
virtually anyone to obtain a medical marijuana recommendation from a compliant
Region•15
SERGIO DIAZ, Riverside
doctor; unreliable quality control for consumers with respect to potency and the
ion 16
DgACEVES, La Mesa
presence of carcinogenic pesticides or other contaminants; as well as retail outlets
FRANK COE
Beaumont
that often become magnets for criminal activity.
JAMES LEAL
Newark
BERNARD MELEKIAN, Retired
Senate Bill 1262 establishes an improved regulatory structure to ensure that Prop.
Pasadena
RICHARD M ELTON
.215 works as originally envisioned to assist patients with legitimate medical
Napa
SYLVIA MOIR
needs, in a manner that works for law enforcement, city and county governments,
El Cerrito
SAL ROSANO, Refired
local community organizations, and medical professionals.
Santa Rosa
As police chiefs and local government leaders, we believe it is time to address the
flaws associated with Proposition 215 implementation in a responsible, realistic
and health -based fashion while also protecting the needs of legitimate medical
patients. Both the California Police Chiefs and the League of California Cities
commend you for introducing this legislation.
r
Specifically, Senate Bill 1262 does the following:
1. Protects local control by assuring cities and counties will have the ability
to determine whether or not a medical marijuana facility may operate
within their borders.
2. Requires that a facility must still obtain the proper state license to operate
in areas where a city or county determines that a medical cannabis facility
may operate. Provides the California Medical Board with oversight
responsibility for physician recommendations. The bill requires that
recommending physicians have a bona fide relationship with the receiving
patient, and specifies that recommendations include the type of marijuana,
dosage and method of delivery requirements. Recommendations
involving minors must also be approved by a board certified pediatrician,
and may only be delivered in non-smoking form. Physicians are
prohibited from recommending high THC marijuana to minors. Finally,
physicians may not recommend high concentrate derivatives such as
Butane Hash Oil (a chemical derivative of marijuana that can contain 80%
THC) to anyone.
3. Provides that all medical cannabis facilities are subject to the uniform.
health and safety standards of California's Sherman Food and Drug Act,
prohibits the use of non -organic pesticides in medical marijuana
cultivation, and provides for health -based oversight of all cultivation
activities.
4. Recognizes the need for a monetary structure to replace the dangerous
cash -only transactions that exist today.
5. Requires that all medical cannabis facilities implement uniform non -
diversion protocols and that they also adopt uniform security protocols.
The provisions contained in SB 1262 are the result of an exhaustive drafting
process initiated during the legislative interim by the California Police Chiefs
Association partnering with the League of California Cities. Input was also
obtained from individual law enforcement professionals, other law enforcement
organizations, municipal law attorneys, medical professionals, community
betterment organizations, as well Cal Chiefs and League of Cities both making
exhaustive examination into best practices from across the United States.
Support for this bill is already building. Even before SB 1262 was formally
introduced, the California Police Chiefs Association was informed that the
Association for Los Angeles Deputy Sheriffs, the Association of Orange County
Deputy Sheriffs, the California Fraternal Order of Police, the Long Police
Officers Association, the Los Angeles County Professional Peace Officers
Association, the Los Angeles Police Protective League, the Riverside Sheriffs
Association, the Sacramento Deputy Sheriffs Association and the Santa Ana
Police Officers Association have all decided to support your bill. Additionally the
International Faith Based Coalition, which represents nearly 5000 primarily inner
city churches in California, has also informed Cal Chiefs of their support for your
bill.
All of these groups stand with the California Police Chiefs Association and the
League of California Cities in committing to assist you in helping to enact this
important legislation.
Sincerely,
Kim Raney
President
California Police Chiefs Association
Chris McKenzie
Executive Director
League of California Cities
CC: All members of the Senate Committee on Public Safety
Alison Anderson
Chief Counsel, Senate Committee on Public Safety
Eric Csizmar
Republican Counsel, Senate Committee on Public Safety
=1117,w 1111 �
STUDY OF LANDSCAPING FOR CACTUS FLOWER
TOTAL COST OF CONTRACT TO: KERKPATRICK LANDSCAPING
FOR YEAR 2013 and 2014 (1-year contract)
$419,925.38
PORTION OF CONTRACT FOR CACTUS FLOWER:
s.f. TURF
s.f. SHRUBS
IRRIGATION
TREES
#1
29,430
0
29,430
14
#2
12,493
0
12,493
7
#3
33,952
640
34,692
21
#4
10.625
772
11.197
10
TOTALS
85,500
2,212
87,816
52
TOTAL ON KERKPATRICK CONTRACT
879,839
2,073,733
2,938,172
3592
96
CACTUS
FLOWER
0.10o/
0.0002%
0.003%
0.015%
TOTAL %
1.11s%
OR $4,995.20 of the CONTRACT
COST PER
2
OWNERS
$44.60
CURRENT CITY INCREASE FO 12
OWNERS -
$450 TO $600 PER YER W/POSSIBLE
INCREASE EVERY
YEAR FOR
12 OWNERS = ($5I1~,40
)- 671M) AN INCREASE
OF MORE
THAN 10
TO 14
TIMES
0 Di
RAISE IN %
to % %
$4.46
100% =
$44.60
1000% =
$446.00
JGL
3/1/2014