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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 ATTACHMENT 1 cn N E m E N = o Ln N 1 O 0 Z '- F m Q w E O 0 V in o00 4) O I- n 0 N N a c a a o v v R W E ER 691 ER O O H " N O 0 V O r LL O d 0 N U r M 0 0 0 V! N O O O oO o CD a L 7 X a N r T W 6�11 69169 0 0 a a t� i 00 w a LO LO d •� N r (5 O O O O O O O U O o 6 O0 CD V! O W LO aj N M ER ER ER O O G1 N 00 •i E d O O O � - .+ �rj InlW N O t5 L 0 O V_ J J R } O N R E C V! W N L E Q W N ob C O E� C. N L U y U a 0 Q � 2 rn c O op m N � = � O T + � U N N HI T4hf 4 4 a" 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 z F Planning Division c�M OF'Ct�''9wS�¢ Community Development Department 6% 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. 882/015610-0002 6714624.1 a02/26/14 -1- 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 882/015610-0002 6714624.1 a02/26/14 -2- 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. 882/015610-0002 6714624.1 a02/26/14 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 -3- 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 In 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 -5- 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. 882/015610-0002 6714624.1 a02/26/14 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: 882/015610-0002 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. -7- 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"): 882/015610-0002 6714624.1 a02/26/14 (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: 882/015610-0002 6714624.1 a02/26/14 In 63 (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: 882/015610-0002 6714624.1 a02/26/14 (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 -10- 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. 882/015610-0002 6714624.1 a02/26/14 -11- M-11 §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 882/015610-0002 6714624.1 a02/26/14 -12- 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 6714624.1 a02/26/14 -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 882/015610-0002 6714624.1 a02/26/14 -14- 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); 882/015610-0002 6714624.1 a02/26/14 -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. 882/015610-0002 6714624.1 a02/26/14 [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 6714624.1 a02/26/14 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 6714624.1 a02/26/14 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. 882/015610-0002 6714624.1 a02/26/14 73 EXHIBIT "B" FORM OF GRANT DEED [SEE FOLLOWING PAGES] 882/015610-0002 6714624.1 a02/26/14 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 6714624.1 a02/26/14 1 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 6714624.1 a02/26/14 2 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) 882/015610-0002 6714624.1 a02/26/14 -3- 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 882/015610-0002 6714624.1 a02/26/14 r0:l 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............................................................................................13 882/015610-0002 6714624.1 a02/26/14 80 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 � o� V sy 5. 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 c� OFTL9 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:] o� u,tcv � o� V s y ,rY c�tit OF 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 `DR, WIYA sm fN ATTACHMENT 2 womd;ae qt3z ctm C:05 b� NOSN3=1=13r lOd3a CY ���� SWIVd 3Nna \-co) swvav U31N30 CD (co ViNino v-1 NOWIS co NOIDNIHSVM o LU (D w E LU = = J J Go U) 0 HE "`i a 0 m ATTACHMENT 3 112 isK 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 l 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