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2012 01 17 CC00 4 4 adja City Council agendas and staff reports are available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, JANUARY 17, 2012 AT 4:00 P.M. Beginning Resolution No. 2012-003 Ordinance No. 496 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Osborne and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION - NONE CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY QUEEN SCHEHERAZADE AND HER COURT ON BEHALF OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL CITY COUNCIL AGENDA 1 JANUARY 17, 2011Z, p WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM MR. STEVE CHERRY DATED JANUARY 9, 2012 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 3, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 17, 2012 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2011 3. RECEIVED AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2011 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2011 4. ACCEPTANCE OF WASHINGTON STREET IMPROVEMENTS AT EISENHOWER DRIVE AND CALLE TAMPICO, PROJECT 2010-09 5. APPROVAL TO EXCUSE COMMITTEE MEMBER RICHARD GRAY'S ABSENCE FROM THE JANUARY 4, 2012 ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE MEETING 6. APPROVAL TO EXCUSE COMMISSIONER MARK WEBER'S ABSENCE FROM THE JANUARY 10, 2012 PLANNING COMMISSION MEETING 7. APPROVAL OF AN AGREEMENT WITH WILLDAN FINANCIAL SERVICES TO PROVIDE CONTINUING DISCLOSURE SERVICES FOR THE CITY OF LA QUINTA 8. APPROVAL TO PROVIDE ACCOUNTING SERVICES FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING IN SACRAMENTO, CALIFORNIA TO BE HELD JANUARY 19, 2012 002 CITY COUNCIL AGENDA 2 JANUARY 17, 2012 10. ADOPTION OF A RESOLUTION MAKING A DECLARATION UNDER HEALTH AND SAFETY CODE SECTION 33354.8 REGARDING FORGIVENESS OF REPAYMENT OF LOANS, ADVANCES, OR INDEBTEDNESS OF THE LA QUINTA REDEVELOPMENT AGENCY DURING THE PERIOD JANUARY 1, 2010 TO DECEMBER 31, 2011 11. AUTHORIZATION TO ESTABLISH A "REDEVELOPMENT OBLIGATION RETIREMENT FUND" TO BE ADMINISTERED BY THE CITY AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY AND TO PREPARE AN ADMINISTRATIVE BUDGET FOR THE CITY AS SUCCESSOR AGENCY BUSINESS SESSION 1. CONSIDERATION OF SELECTION OF EXECUTIVE SEARCH FIRM FOR CITY MANAGER AND FINANCE DIRECTOR RECRUITMENTS, AWARD OF CONTRACT FOR RECRUITMENT SERVICES, AND APPROPRIATION OF FUNDS A. MINUTE ORDER ACTION 2. CONSIDERATION OF ATHLETIC HONORS ACKNOWLEDGEMENT AREA APPLICATIONS A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN EXTENSION TO THE AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE WITH L.Q. HOSPITALITY, LLC FOR THE HOMEWOOD SUITES LOCATED AT 45-200 WASHINGTON STREET A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN EXTENSION TO THE AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE WITH VILLAGE RESORT, LLC, A SUBSIDIARY OF CHICAGO TITLE, FOR THE EMBASSY SUITES HOTEL LOCATED AT 50-777 SANTA ROSA PLAZA A. MINUTE ORDER ACTION 5. CONSIDERATION OF APPOINTMENTS TO CITY COUNCIL STANDING COMMITTEES AND OTHER AGENCIES A. MINUTE ORDER ACTION STUDY SESSION - NONE ', 003 CITY COUNCIL AGENDA 3 JANUARY 17, 2012 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (VACANT) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE MINUTES DATED JUNE 11, 2011 19. PLANNING COMMISSION MINUTES DATED SEPTEMBER 27, 2011 AND OCTOBER 11, 2011 20. HISTORIC PRESERVATION COMMISSION MINUTES DATED JUNE 16, 2011 DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR DECEMBER 2011 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR DECEMBER 2011 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT A. REPORT FOR DECEMBER 2011 B. UPDATE ON GREEN AND SUSTAINABLE LA QUINTA PROGRAM 8. PUBLIC WORKS DEPARTMENT REPORT FOR DECEMBER 2011 9. POLICE DEPARTMENT REPORT FOR, DECEMBER 2011 10. FIRE DEPARTMENT QUARTERLY REPORT ENDING DECEMBER 2011 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE 004 CITY COUNCIL AGENDA 4 JANUARY 17, 2012 RECESS TO REDEVELOPMENT AGENCY MEETING. RECONVENE AT 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION ADDING CERTAIN ALTERNATIVE CONDITIONS OF APPROVAL TO FOUR TRACT MAPS ALLOWING THE DESIGN AND CONSTRUCTION OF RAISED MEDIANS IN LIEU OF TRAFFIC SIGNALS FOR TRACT MAPS 25500-4, 28603-1, 28838-1, AND 29147-1, KSL LAND CORPORATION, AND APPROVING A CASH PAYMENT FOR REMAINING OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT 28960 A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on February 7, 2012 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. « 005 CITY COUNCIL AGENDA 5 JANUARY 17, 2012 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on January 13, 2012. 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, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. • If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 006 CITY COUNCIL AGENDA 6 JANUARY 17, 2012 6 1�w� �•� CF` OF MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk^ VIA: Mark Weiss, Interim City Manager M9le DATE: January 12, 2012 SUBJECT: Conflict of Interest The following conflict of interest due to the proximity of residence has been identified by staff for an item on the January 17, 2012 City Council agenda. Council Member Franklin - Agenda Item PH1 CONTINUED PUBLIC HEARING TO CONSIDER A RESOLUTION ADDING CERTAIN ALTERNATIVE CONDITIONS OF APPROVAL TO FOUR TRACT MAPS ALLOWING THE DESIGN AND CONSTRUCTION OF RAISED MEDIANS IN LIEU OF TRAFFIC SIGNALS FOR TRACT MAPS 25500-4, 28603-1, 28838-1, AND 29147-1, KSL LAND CORPORATION, AND APPROVING A CASH PAYMENT FOR REMAINING OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28960 cc: Interim City Manager City Attorney Department Directors Is 007 M. Katherine Jenson City Attorney City of La Quinta Rutan and Tucker, LLP P.O. Box 1950 Costa Mesa, CA. 92628-1950 07/29/11 l 1;, La Qgiata PalmsQ 11 AN G R11NiA :.l _[sty MANAGER S DC.PIS Realty RE: Analysis of the Potential Effect of KSL Land Corporation's Request to Modify Certain Off -Site Traffic Improvements at PGA West on the Value of the PGA West Master HOA Common Area and the Home of Mayor Don Adolph Dear Ms. Jenson, Thank you for the opportunity to provide my services to the City of La Quinta as your local real estate expert regarding any. potential conflict of interest with respect to the participation and/or actions of Mayor Don Adolph in his capacity as a La Quinta City Council member as they pertain to the Proposed Off -Site Traffic Improvements located along Madison Street and Avenue 58. Pursuant to your request, I have analyzed the potential economic effect that such actions relating to these Off -Site Traffic Improvements might have on either the personal residence of Mayor Adolph or on any of the Common Areas of the PGA West community in which he resides. By way of background, my qualifications to render this opinion include the following: I am a California Licensed Real Estate Broker; I am the co-owner of La Quinta Palms Realty and have been practicing Real Estate Sales and Property Management in La Quinta since 1982; I have valued, listed, and sold numerous properties in PGA West and the surrounding Communities; I have a BA in Economics from the University of California at Irvine. KSL Land Corporation ("KSL") has filed a request to modify certain off -site conditions of approval for four already approved tract maps within the PGA West communities. The scope of this professional opinion shall be limited to the assessment of whether the City Council's granting or denying KSL's request might have any effect on the value of the common area owned by the PGA West Master HOA ("HOA") or on the value of Mayor Adolph's personal residence. My analysis of whether there is any potential financial effect on the Mayor's real property interests is based upon the "one penny rule" which requires that any actions taken by Mayor Adolph with regard to the proposed modifications will not affect the value (even by one penny) of the PGA West Master HOA common areas and properties or the Mayor's personal residence. 51001 Eisenhower Dr. La Quinta, CA. 92253 (760) 564-4104 P (760) 564-0344 Based upon my knowledge of the area and the circumstances in this situation, the use and maintenance of the Master HOA common areas and property are not affected by the proposed Modifications/Traffic Improvements. These common areas and properties consist mainly of private roadways, common area landscaping, medians, walkways, guard houses/gates, and other private common amenities (pool/spa areas). The majority of these items and areas are private and secluded away from the public by the walls surrounding their gated community. Those improvements and properties located outside of these walls run parallel to the public roadways. The proposed Modifications/Traffic Improvements are specific to the public roadways leading to and from these PGA West communities and propose to modify existing, previously approved center medians to alter traffic patterns and eliminate the need for stop lights at certain intersections. It is my opinion that neither the intrinsic or aesthetic value of the Master HOA common areas and/or property would be affected by the proposed Modifications/Traffic Improvements. The personal residence of Mayor Adolph is located at 55-105 Riviera and is approximately 7,300 feet (1.38 miles) as the crow flies from the closest proposed Modification/Traffic Improvement. In addition to this great distance, Mayor Adolph's residence is located in a tract that is not being proposed for modification and takes its access exclusively from PGA West Blvd. which is wholly unaffected from any of the proposed modifications or resulting traffic flows which could result from such modifications. The decision to approve or disapprove KSL's requests for modifications will not have any positive or negative impact on the value of Mayor Adolph's personal residence. It is therefore my independent and professional real estate opinion that any actions taken by Mayor Adolph as a voting member of the City Council for the City of La Quinta (within the scope of this letter) with regard to the proposed modifications to the Off -Site Traffic Improvements located along Madison Street and Avenue 58 will have No Impact on the economic value of the PGA West Master HOA common areas and properties or his personal residence. Please do not hesitate to contact me with any questions regarding the contents of this letter. As always, it is a pleasure to be of service to you and the City of La Quinta. Respectfully Submitted, Bruce Y. Cathcart La Quinta Palms Realty Broker#00915271 51001 Eisenhower Or. La Quinta, CA. 92253 (760) 564-4104 F. (760) 564-0344. 4 009 i WRITTEN CORRESPONDENCE ITEM: i i i 81567 Desert Willow Dr. La Quinta, CA 92253 9 January 2012 760-771-8124 Hon. Don Adolph Mayor, City Of La Quinta PO Box 1504 La Quinta, CA 92247 1 2012� �� fliY kit pUIHiA M b1AH Gk°. pp�� WVM— Mr. Mayor: I am requesting an opportunity to address the city council on Tuesday, February 7, 2012. My subject is "Archiving The City Council Meetings.° I will distribute a printed copy of the presentation which should take about 30 minutes. Please confirm my appointment. Thank you, i Steve Che u 010 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Approval of Demand Register Dated January 17, 2012 RECOMMENDATION: Approve Demand Register Dated January 17, 2012 BACKGROUND: Prepaid Warrants: 94480 - 945231 94524 - 94538) Voids} Wire Transfers} P/R 36545 - 36544) P/R Tax Transfers} Payable Warrants: 94539 - 94607) FISCAL IMPLICATIONS: 233, 315.94 48,100.20 (50.00) 324,187.66 221,911.83 66,012.65 351,864.41 $1,245,342.69 Demand of Cash - City $1,234,226.39 Demand of Cash -RDA $10,316.30 Demand of Cash - HA $600.00 Demand of Cash - HA Comm $200.00 John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING " Oil CITY OF LA QUINTA BANK TRANSACTIONS 12/28/11 - 1/09112 12/28/11 WIRE TRANSFER - TASC 01/04/12 WIRE TRANSFER - HEALTH PREMIUM 01/04/12 WIRE TRANSFER - LANDMARK 01/06/12 WIRE TRANSFER - ICMA 01/06/12 WIRE TRANSFER - PERS 01/06/12 WIRE TRANSFER - LQCEA TOTAL WIRE TRANSFER OUT $987.49 $103,307.18 $144,870.53 $19,670.30 $55,207.16 $145.00 $324,187 66 012 PREPARED 12/29/2011, 9:04:50 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L - AS OF: 12/30/2011 CHECK DATE: 12/50/2011 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO -------------------------------------- NO NO DATE =--------------------------------------------------------------------------------------------- NO DESCRIPTION AMOUNT AMOUNT 0000015 00 ADT SECURITY SERVICES 61265657. 002135 00 12/30/2011 61265656 002136 00 12/30/2011 0004348 00 BLONDELL, KRYSTENA BLONDELL 002157 00 12/30/2011 101-3006-451.41-30 JAN-MUSEUM 101-5054-421.41-30 JAN-MAR BERMUDAS VENDOR TOTAL * 101-1004-413.53-05 TUITION REIMB VENDOR TOTAL ■ 0005699 00 BLUM, FRANK P DEC'll 002156 00 12/30/2011 101-4001-415.10-10 INVESTMENT COMM VENDOR TOTAL 0004115 00 CHECKMATE TELEPHONE EXCHANGE 111202190101 002134 00 12/30/2011 101-7003-431.56-52 ANSWERING SVC VENDOR TOTAL * 0000268 00 COACHELLA VALLEY WATER DIST 342923677056 .002142 00 12/30/2011 101-1003-413.32-22 DUST CONTROL 257777677762 002143 00 12/30/2011 101-3004-451.41-16 WATER SVC' 317099849626 002143 00 12/30/2011 101-3005-451.40-01 WATER SVC 333089851124 002143 00 12/30/2011 101-3005-451.40-09 WATER SVC VARIOUS 002143 00 12/30/2011 101-3005-451.40-12 WATER SVC VARIOUS 002143 00 12/30/2011 101-3005-451.40-04 WATER SVC VARIOUS 002143 00 12/30/2011 101-3005-451.40-06 WATER SVC 279151738268 002142 00 12/50/2011 101-5055-422.41-16 ST#93 WATER 510073841308 002142 00 12/30/2011 101-5055-422.41-16 ST#93 FIRE SPRINKLER 279153738270 002142 00 12/30/2011 101-5055-422.41-16 ST#93 LANDSCAPE 269363692128 002142 00 12/30/2011 101-5055-422.41-16 ST#70 WATER 328931850852 002142 00 12/30/2011 101-5055-422.41-16 ST#32 LANDSCAPE 328913850850 002142 00 12/30/2011 101-5055-422.41-16 ST#32 FIRE PROTECTION 328921850848 002142 00 12/30/2011 101-5055-422.41-16 ST#32 WATER VARIOUS 002143 00 12/30/2011 101-7004-431.41-19 WATER SVC VARIOUS 002144 00 12/30/2011 - 101-7004-431.41-19 WATER SVC VENDOR TOTAL * 0006047 00 CORAL MOUNTAIN PARTNERS LP 11 002145 00 12/30/2011 401-1852-551.80-04 DISBURSEMENT REQ VENDOR TOTAL * 0002918 00 COSTCO 122711 002145 00 12/30/2011 401-1767-551.80-04 3RD QTR SALES TX 0000594 11418 0002197 DEC'll O F-' W 00 DESERT CITIES CATERING 002157 00 12/30/2011 00 DONAIS, JENNIFER 002156 00 12/30/2011 VENDOR TOTAL * 101-3002-451.56-02 HOLIDAY LUNCHEON VENDOR TOTAL * 101-4001-415.10-10 INVESTMENT COMM 77.82 122.69 200.51 525.55 525.55 75.00 75.00 123.87 123.87 7.00 146.55 576.76 19.00 2,517.57 71.57 208.30 390.33 20.00 146.68 70.45 176.36 10.00 59.25 1,675.78 2,821.91 8,917.51 96,697.00 96,697.00 65,499.46 65,499.46 1,486.95 1,486.95 75.00 PREPARED 12/29/2011, 9:04:50 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 12/30/2011 CHECK DATE: 12/50/2011 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQB VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT - AMOUNT 0002197 00 DONAIS,. JENNIFER VENDOR TOTAL ■ 75.00 0005722 00 DORSEY, PAMELA J DEC'll 002152 00 12/50/2011 241-9101-705.10-10 HOUSING COMM MTG 25.00 DEC'll 002153 00 12/50/2011 242-9201-706.10-10 HOUSING COMM MTG 25.00 VENDOR TOTAL 50.00 0000949 00 GUZMAN, HECTOR GUZMAN 002157 00 12/30/2011 101-1004-413.53-05 TUITION REIMB 714.54 , REIMB 002145 00 12/30/2011 101-7006-431.51-01 MEALS/PK-GIS TRAINING _ 45.05 VENDOR TOTAL ■ 759.59 0005427 00 HSBC BUSINESS SOLUTIONS 42416 002157 00 12/30/2011 101-5003-451.51-33 BRKFST W/SANTA 75.58 VENDOR TOTAL a 75.58 0006368 00 HUNTER, WILLIAM DEC'll 002150 00 12/30/2011 241-9101-705.10-10- HOUSING COMM MTG 25.00 DEC'll 002151 00 12/30/2011 242-9201-706.10-10 HOUSING COMM MTG 25.00 - VENDOR TOTAL - 50.00 0000269 00 IMPERIAL IRRIGATION DIST 50315886 002158 00 12/30/2011 101-3004-451.41-01 ELECTRIC SVC 2,700.30 50435874 002158 00 12/30/2011 101-3005-451.40-51 ELECTRIC SVC 4.11 50210171 002158 00 12/30/2011 101-3005-451.40-52 ELECTRIC SVC 3,184.48 50514012 002158 00 12/30/2011 101-3005-451.40-53 ELECTRIC SVC 49.21 . VARIOUS 002158 00 12/30/2011 101-3005-451.40-54 ELECTRIC SVC 506.64 50076355 002158 00 12/30/2011 101-3005-451.40-56 ELECTRIC SVC 2,519.93 50505537 002158 00 12/30/2011 101-3005-451.40-59 ELECTRIC SVC 63.45 -261.62 50306529 002158 00 12/30/2011 101-5005-451.40-61 ELECTRIC SVC 50059934 002158 00 12/30/2011 101-3005-451.40-65 ELECTRIC SVC 21.92 50148040 002158 _ 00 12/30/2011 101-3005-451.40-66 ELECTRIC SVC 5.30 50014729 002158 00 12/30/2011 101-3005-451.40-62 ELECTRIC SVC 103.80 50422540 002158 00 12/30/2011 101-3006-451.41-01 ELECTRIC SVC 811.07 VARIOUS 002140 00 12/30/2011 101-7004-431.41-04 ELECTRIC SVC 656.24 VARIOUS 002141 00 12/30/2011 101-7004-431.41-07 ELECTRIC SVC 14.71 VENDOR TOTAL ■ 10,902.78 0005441 00 KELLEHER MAPPING INC 2011064 002157 00 12/30/2011 101-1002-413.31-01 RDA PROPERTY PARCEL 4,986.00 VENDOR TOTAL • 4,986.00 0001998 00 KOHL'S DEPARTMENT STORES, INC 122711 002145 00 12/30/2011 401-1751-551.80-04 3RD QTR SALES TX 7,295.50 VENDOR TOTAL ■ 7,293.50 0005685 00 LAROCCA, TERESA L DEC-11 002146 00 12/30/2011 241-9101-705.10-10 HOUSING COMM MTG 25.00 _- DEC'll 002147 00 12/30/2011 242-9201-706.10-10 HOUSING COMM MTG 25.00 N J? PREPARED 12/29/2011, 9:04:50 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 12/30/2011 CHECK DATE: 12/30/2011 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEO# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0005685 00 LAROCCA,. TERESA L VENDOR TOTAL * 50.00 0005865 00 LEIDNER, SUE M DEC-11 002148 00 12/30/2011 241-9101-705.16-10 HOUSING COMM MTG 25.00 DEC'll 002149 00 12/30/2011 242-9201-706.10-10 HOUSING COMM MTG 25.00 VENDOR TOTAL * 50.00 0001994 00 LORD, MASON LORD 002157 00 12/30/2011 101-1004-413.53-05 TUITION REIMB 505.45 VENDOR TOTAL * 505.45 0005515 00 MASCO CONTRACTOR SERVICES OF CA 512080859 002154 00 12/30/2011 401-1853-551.45-01 REHAB 5268IMENDOZA 975.00 VENDOR TOTAL * 975.00 0005654 00 MCCUNE, KEVIN DEC'll 002156 00 12/30/2011 101-6001-463.10-10 ARCH/LNDSCP COMM - 75.00 VENDOR TOTAL * 75.00 0005734 00 MORTENSON, KURT T DEC'll 002156 00 12/30/2011 101-4001-415.10-10 INVESTMENT CONN 75.00 VENDOR TOTAL * 75.00 . 0003704 00 PARK, DAVID ALAN DEC'll 002156 00 12/30/2011 101-4001-415.10-10 INVESTMENT COMM 75.00 VENDOR TOTAL * 75.00 0006196 00 PRO TECH ENGINEERING CORP 15394 002157 00 12/30/2011 401-1829-551.45-01 FINAL RETENTION 2009-22 28,669.58 VENDOR TOTAL * 28,669.58 0000443 00 PUENTE, MARIA DEC'll 002156 00 12/30/2011 101-6001-463.10-10 HISTORICAL PRSV COMM 75.00 VENDOR TOTAL * 75.00 0003755 00 REDMON, PEGGY ANNETTE DEC'll 002156 00 12/30/2011 101-6001-463.10-10 HISTORICAL PRSV COMM 75.00 VENDOR TOTAL * 75.00 0004673 00 ROOKER, RAY ARCHITECT DEC-11 002156 00 12/30/2011 101-6001-463.10-10 ARCH/LNDSCP COMM 75.00 VENDOR TOTAL * 75.00 0002605 00 SAN DIEGO PADRES 1240012121219 002154 00 12/30/2011 101-3003-451.56-02 EXCURION TICKETS 11103.00 VENDOR TOTAL * 11103.00 0005015 00 SANCHEZ, TOMMI SANCHEZ 002154 00 12/30/2011 101-1004-413.53-05 TUITION REIMB 497.90 O cn PREPARED 12/29/2011, 9:04:50 EXPENDITURE APPROVAL LIST PAGE- 4 PROGRAM: GM339L AS OF: 12/30/2011 CHECK DATE: 12/50/2011 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0005015 00 SANCHEZ, TOMMI VENDOR TOTAL ■ 0000046 00 SMART & FINAL _ 3583410122131 002157 00 12/30/2011 101-1002-413.56-02 SNIFF EVENT 5583410122132 002157 00 12/30/2011 101-3001-451.33-62 VETERANS DAY 3585410125257 002157 00 12/30/2011 101-3002-451.56-02 MENU SUPPLIES VENDOR TOTAL * 0001786 00 SOUTHERN CALIF GAS CO 9603120297 002157 00 12/30/2011 501-0000-511.43-34 NOV-SWEEPER FUEL VENDOR TOTAL * 0005080 00 SPIRTOS, ANDREA DEC'll 002156 00 12/30/2011 101-4001-415.10-10 INVESTMENT COMM VENDOR TOTAL * 0006006 00 STANDARD INSURANCE COMPANY RV 6430680002 002133 00 12/30/2011 101-0000-209.48-00 JAN-ADDL LIFE INSUR VENDOR TOTAL * 0006190 00 TAYLOR, DAVID M CONSTRUCTION INC BUSINESS LIC 002155 00 12/30/2011 101-1000-321.00-00 REFUND BUSINESS LIC 004752 00 05/10/2011 101-1000-321.00-00 REFUND 0006428 00 TEAL, ROBERT GEORGE NOV&DEC 002154 00 12/30/2011 0000056 00 TIME WARNER CABLE 800061909 002154 00 12/30/2011 800034625 002154 00 12/30/2011 0002425 00 VALENZUELA, DANIEL REIMB 002145 00 12/30/2011 0002290 00 VERIZON CALIFORNIA 345-2951 002137 00 12/30/2011 771-0231 002138 00 12/30/2011 0000068 00 VERIZON COMMUNICATIONS 1100796348 002139 00 12/30/2011 0002955 00 VERIZON WIRELESS 37052783500001 002157 00 12/30/2011 VENDOR TOTAL * 101-1004-415.10-10 PS AIRPORT COMM VENDOR TOTAL * 502-0000-512.30-03 CABLE 12/20-1/19 502-0000-512.30-03 JAN-CABLE VENDOR TOTAL * 101-7006-431.51-01 MEALS-GIS TRAINING VENDOR TOTAL * 101-3005-451.43-59 LQ PARK 101-7004-431.41-04 DEC -SIGNAL & PH VENDOR TOTAL * 101-4002-415.41-22 INTERNET 12/10-1/9 VENDOR TOTAL * 101-4002-415.41-25 MOBILE PH 11/4-12/3 CHECK #: 497.90 32.29 12.90 192.08 237.27 377.55 377.55 75.00 75.00 687.03 687.03 50.00 91870 50.00 150.00 150.00 8.42 594.10 602.52 37.52 37.52 45.49 78.96 124.45 79.99 79.99 90.02 . 50.00- 50.00- PREPARED 12/29/2011, 9:04:50 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 12/30/2011 CHECK DATE: 12/30/2011 CITY OF LA OUINTA, CALIFORNIA - ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEOO VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT - ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002955 00 VERIZON WIRELESS VENDOR TOTAL * 90.02. 0000070 00 WAL MART COMMUNITY 2013J3M4A 002154 00 12/30/2011 101-1002-413.56-02 SNIFF EVENT 18.25 40147YE6F 002154 00 12/30/2011 101-1003-413.51-01 WSA LUNCHEON 57.69 4014ZZJRX 002159 00 12/30/2011 101-1003-413.51-01 WIPER BLADES 9.85 JOIFTJJST 002154 00 12/30/2011 101-3003-451.56-02 SPORTS DISC GLF 78.32 JOIFTJJTZ 002154 00 12/30/2011 101-5003-451.51-33 AUDIO ADPT PA SYS 11.68 J01FTJJSH 002154 00 12/30/2011 101-4002-415.56-30 TREE TRIMMING 51.21 T01NB8L77 002154 00 12/30/2011 501-0000-511.43-40 VEH$51 MAINT 11.15 VENDOR TOTAL * 238.15 0000124 00 WILBUR, ALLAN DEC'll 002156 00 12/50/2011 101-6001-463.10-10 HISTORICAL PRSV COMM 75.00 VENDOR TOTAL * 75.00 0001134 00 WISE-LATTA, WANDA P - REIMB 002157 00 12/30/2011 101-1001-411.51-01 CITY COUNCIL DINNER 154.35 VENDOR TOTAL * 154.35 - 0004292 00 WYMAN, SHELLEY - WYMAN 002154 00 12/30/2011 101-1004-413.53-05 TUITION REIMB 317.86 - VENDOR TOTAL * 317.86 HAND ISSUED TOTAL *** 50.00- TOTAL EXPENDITURES **** 233,315.94 50.00- GRAND TOTAL ******************** 233,265.94 O PREPARED O1/05/2012, 8:56:27 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM359L AS OF: 01/06/2012 CHECK DATE: 01/06/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO --------------------------------------------------------------------------------------------------------------------------------`--- NO NO DATE NO DESCRIPTION AMOUNT AMOUNT: 0006472 00 ARNEL COMPRESSOR 165673 002202 00 01/06/2012 101-5055-422.43-61 ST#32 AIR COMPRESSOR 899.46 VENDOR TOTAL * 899.46 , 0001378 00 CALIFORNIA PARKS & RECREATION 1312 002202 00 01/06/2012 101-3001-451.53-03 AWARDS APPLICATIONS 110.00 - VENDOR TOTAL * 110.00 0000133 00 CALPERS LONG-TERM CARE PROGRAM - 20120106 PRO106 00 01/06/2012 101-0000-209.49-00 PAYROLL SUMMARY 106.00 VENDOR TOTAL * 106.00 0000268 00 COACHELLA VALLEY WATER DIST 316527849054 002202 00 01/06/2012 101-3005-451.40-02 CAMPUS WATER 895.88 306845768054 002202 00 01/06/2012 101-3005-451.32-22 SRR PM10 467.70 VENDOR TOTAL * 1,363.58 0000136 00 GAS COMPANY, THE 9422738006 002190 00 01/06/2012 101-3002-451.41-13 GAS SVC 306.24 15294440449 002191 00 01/06/2012 101-3004-451.41-13 LIBRARY GAS 676.19. VENDOR TOTAL * 982.43 0000269 00 IMPERIAL IRRIGATION DIST 50014663 002198 00 01/06/2012 101-3002-451.41-01 ELECTRIC SVC 1,466.13 50193004 002197 00 01/06/2012 101-3005-451.40-63 VELASCO PARK 5.30 50014539 002196 00 01/06/2012 101-5008-419.41-01 ELECTRIC SVC 7,788.88 50174303 002192 00 01/06/2012 101-5054-421.41-01 BERMUDAS ELECTRIC 148.89 50439675 002193 00 01/06/2012 101-5054-421.41-01 CORP CTR ELECTRIC 325.71 50315942 002194 00 01/06/2012 101-5055-422.41-01 ST#93 ELECTRIC 564.24 50315940 002195 00 01/06/2012 101-5055-422.41-01 ST#70 ELECTRIC 312.65 VENDOR TOTAL * 10,611.80 0006473 00 MILLER, SCOTT REIMB 002202 00 01/06/2012 101-5054-421,36-34 SEF-BANNER 56.04 VENDOR TOTAL * 56.04 0000040 00 NEXTEL COMMUNICATIONS 916525027113 002199 00 01/06/2012 101-4002-415.41-25 MOBILE PH 11/23-12/22 1,129.13 VENDOR TOTAL * 1,129.13 0000045 00 RUTAN & TUCKER 626711 002178 00 01/06/2012 101-0000-228.10-00 05-027 DEV DEP 193.50 626712 002179 00 01/06/2012 101-0000-228.10-00 07-017 DEV DEP 709.13 626713 002180 00 01/06/2012 101-0000-228.10-00 08-025 DEV DEP 24.00 - 626717 002184 00 01/06/2012 101-0000-228.10-00 12-001 DEV DEP 70.50 626698 002161 00 01/06/2012 101-1001-411.32-01 RETAINER 5,120.00 626699 002166 00 01/06/2012 101-1001-411.32-01 GENERAL 2,851.09 626700 002167 00 01/06/2012 101-1001-411.32-01 PERSONNEL GENERAL 3,144.00 626701 002168 00 01/06/2012 101-1001-411.32-04 LITIGATION GENERAL 1,457.05 -. 626702 002169 00 01/06/2012 101-1001-411.32-01 CODE ENFORCEMENT 714.00 - PREPARED 01/05/2012, 8:56:27 EXPENDITURE APPROVAL LIST PAGE - 2 PROGRAM: GM339L AS OF: 01/06/2012 CHECK DATE: 01/06/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQN VENDOR NAME - EFT, EPAY..OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000045 00 RUTAN & TUCKER 626703 002170 00 01/06/2012 101-1001-411.32-04 LIT/PUBLIC WORKS 48.00 626698 002162 00 01/06/2012 245-9001-703.32-01 RETAINER 960.00 626704 002171 00 01/06/2012 245-9001-703.32-01 AFFD HSNG PA1&2 816.00 626705 002172 00 01/06/2012 245-9001-703.32-01 AFFD HSNG PA1 301.00 626710 002177 00 01/06/2012 245-9001-703.32-01 TAMPICO/EISENHOWER 1,353.04 626715 002182 00 01/06/2012 245-9001-703.32-01 REDEVELOPMENT LEG 1,706.88 626698 002163 00 01/06/2012 246-9002-703.32-01 RETAINER 480.00 .. 626706 002173 00 01/06/2012 246-9002-703.32-01 AFFD HSNG PA2 1,384.50 626715 002183 00 01/06/2012 246-9002-703.32-01 REDEVELOPMENT LEG 1,706.88 - 626714 002181 00 01/06/2012 401-1815-551.45-01 SRR CANAL 72.00 626698 002164 00 01/06/2012 405-9001-702.32-01 RETAINER 960.00 626707 002174 00 01/06/2012 405-9001-702.32-01 CAPITAL IMPRVMNT PA1 72.00 626698 002165 00 01/06/2012 406-9002-702.32-01 RETAINER 480.00 626708 002175 00 01/06/2012 406-9002-702.32-01 CENTRE a LQ 72.00 626709 002176 00 01/06/2012 406-9002-702.32-01 MILES/WASHINGTON 24.00 VENDOR TOTAL ■ 24,719.55 6003020 00 TELEPACIFIC COMMUNICATIONS - 336839120 002202 00 01/06/2012 101-3001-451.33-13 FB POOL 44.99 _ 336839120 002202 00 01/06/2012 101-3005-451.40-04 FB IRRIGATION 44.99 336839120 002202 00 01/06/2012 101-3005-451,43-59 LQ PARK 224.95 336859120 002202 00 01/06/2012 101-3006-451.41-22 MUSEUM ALARM 44.99 336859120 002202 00 01/06/2012 101-4002-415.41-22 PHONE SVC 447.00 336859120 002202 00 01/06/2012 101-4002-415.41-22 PHONE SVC 319.31 336839120 002202 00 01/06/2012 101-4002-415.41-22 PHONE SVC 529.18 336839120 002202 00 01/06/2012 101-4002-415.41-22 PHONE SVC 269.94 336839120 002202 00 01/06/2012 101-5054-421.41-22 BERMUDAS ST 137.72 336859120 002202 00 01/06/2012 101-5056-425.41-22 PHONE SVC 985.69 . 356839120 002202 00 01/06/2012 101-7004-431.34-04 IRRIG CLOCK 44.99 336839120 002202 00 01/06/2012 101-7004-431.34-04 IRRIG MODEM 44.99 VENDOR TOTAL * 3,138.74 0004621 00 TOWER ENERGY GROUP 9745454IN 002202 00 01/06/2012 501-0000-511.43-34 FUEL 12/1-15/11 2,874.04 VENDOR TOTAL * 2,874.04 0000063 00 UNITED WAY OF THE DESERT 20120106 PRO106 00 01/06/2012 101-0000-209.81-00 PAYROLL SUMMARY 34.00 VENDOR TOTAL * 34.00 0005228 00 VERIZON BUSINESS 62715369 002202 00 01/06/2012 101-5054-421.41-22 CORP CTR 82.14 VENDOR TOTAL * 82.14 =? 0002290 00 VERIZON CALIFORNIA 771-0105 002189 00 01/06/2012 101-3006-451.41-22 MUSEUM ELEVATOR 116.95 UHS-9234 002187 00 01/06/2012 101-5054-421.43-62 TI LINE 12/1-1/9 277.49 777-7376 002188 00 01/06/2012 101-5054-421.41-22 CORP CENTER 336.49 VENDOR TOTAL * 730.93 0002955 00 VERIZON WIRELESS O CD PREPARED O1/05/2012, 8:56:27 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 01/06/2012 CHECK DATE: 01/06/2012 _ CITY OF LA GUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO -----------------------------------------------------------------------------------------------------------------`------------------ DATE NO DESCRIPTION AMOUNT AMOUNT 0002955 00 VERIZON WIRELESS 1039254973 002200 00 01/06/2012 101-1001-411.41-25 MOBILE PH 11/14-12/13 - 27.24 1039254973 002201 00 01/06/2012 101-4002-415.41-25 MOBILE PH 11/14-12/13 1,235.12- VENDOR TOTAL 1,262.36 TOTAL EXPENDITURES■ 48,100.20 _ GRAND TOTAL ■■ 48,100.20 O IV O PREPARED 01/09/2012, 16:08:38 - EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GN339L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEON VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION_ AMOUNT AMOUNT 0000002 00 ACE HARDWARE 109877 002239 00 01/10/2012 101-3005-451.43-59 RESTROOM REPAIR 2.39 109754 002240 00 01/10/2012 101-5008-419.56-02 SUPPLIES - 51.66 109794 - 002241 00 01/10/2012 501-0000-511.43-40 VEH KEY-MAINT 3.25 VENDOR TOTAL 57.30 0004992 00 ADVANCED INC 13990 002276 00 01/10/2012 101-3002-451.42-15 JANITORIAL SVC 1,561.59 _ 13990 002278 00 01/10/2012 101-3004-451.42-15 JANITORIAL SVC 1,936.64 13991 002272 00 01/10/2012 101-3005-451.56-52 CMP JANITORIAL 475.00 13990 002277 00 01/10/2012 101-3005-451.42-15 JANITORIAL SVC 1,673.28 13990 002279 00 01/10/2012 101-3006-451.42-15 JANITORIAL SVC 1,155.82 13990 002273 00 01/10/2012 101-5008-419.42-15 JANITORIAL SVC 4,605.85 13990 002274 00 01/10/2012 101-5054-421.42-15 JANITORIAL SVC 961.64 13990 002275 00 01/10/2012 101-7003-431.42-15 JANITORIAL SVC 555.82 VENDOR TOTAL ■ 12,925.64 0005170 00 ALSCO INC LYUM563150 002296 00 01/10/2012 101-7003-431.44-07 UNIFORM RENTAL 90.00 LYUM560875 002298 00 01/10/2012 101-7003-431.44-07 UNIFORM RENTAL 100.00 LYUM563150 002297 00 01/10/2012 101-7004-431.44-07 UNIFORM RENTAL 9.25 LYUM560875 002299 00 01/10/2012 101-7004-431.44-07 UNIFORM RENTAL 12.68 - VENDOR TOTAL * 211.93 0000016 00 AMERIPRIDE UNIFORM SERVICES 1400252937 002303 00 01/10/2012 101-3002-451,.42-15 JANITORIAL 44.47 VENDOR TOTAL * 44.47 0003592 00 ANDERSON COMMUNICATIONS, INC. 7942 002283 00 01/10/2012 501-0000-511.43-40 VEH859 MAINT 105.27 - 7929 002283 00 01/10/2012 501-0000-511.43-40 VEH857 MAINT - 9.37 - VENDOR TOTAL * 114.64 _ 0006035 00 ARC IMAGING RESOURCES 740212 002295 00 01/10/2012 101-7002-431.53-01 LG FORMAT PAPER 223.71 VENDOR TOTAL * 223.71 0006474 00 BRAD'S GARAGE DOOR SERVICE 331570 002303 00 01/10/2012 601-0000-451.43-65 GARAGE DOOR R&M 130.00 VENDOR TOTAL * 130.00 ' 0000106 00 CANON FINANCIAL SERVICES, INC. 11528428 002256 00 01/10/2012 101-4002-415.43-19 CONTRACT CHRG 3,696.52 VENDOR TOTAL * 3,696.52 0000022 00 COW GOVERNMENT INC C931939 002237 00 01/10/2012 502-0000-512.56-22 HP/LG/NETGEAR 330.32 ;CC931939 002238 00 01/10/2012 502-0000-512.71-01 HP/LG/NETGEAR 713.71 VENDOR TOTAL * 1,044.03 '-0002298 00 CENTRAL SECURITY SERVICES, INC O IV 1_ ' PREPARED O1/09/2012, 16:08:38 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 . CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002298 00 CENTRAL SECURITY SERVICES, INC 230229 002302 00 01/10/2012 101-3004-451.41-30 ST#32 MONITORING 296.10 230229 002301 00 01/10/2012 101-5055-422.41-30 ST#32 MONITORING 393.75 - VENDOR TOTAL ■ 689.85 0006477 00 CHURCH, DANIEL 57017 002269 00 01/10/2012 101-0000-228.30-00 REFUND 100.00 VENDOR TOTAL * 100.00 0000140 00 COACHELLA VALLEY PRINTING GROUP INC 74018 002219 00 01/10/2012 101-4001-415.53-01 RECEIPT BOOKS 404.69 74109 002220 00 01/10/2012 101-4001-415.53-01 BUS LIC PAPER 1,029.97 VENDOR TOTAL ■ 1,434.66 0004573 00 COMMUNITY HEALTH AGENCY NOV'll 002258 00 01/10/2012 101-5006-426.51-07 SHELTER SVC _ 6,500.88 VENDOR TOTAL . 61500.88 0004038 00 CUSH TILE 2825 002216 00 01/10/2012 270-0000-451.43-55 MOSAIC REPAIR 450.00 . VENDOR TOTAL ■ 450.00 0000112 00 DEPARTMENT OF JUSTICE - 885481 002255 00 01/10/2012 101-5054-421.36-31 BLOOD ALCOHOL 595.00 VENDOR TOTAL ■ 595.00 0000026 00 DESERT ELECTRIC SUPPLY S1860833001 002204 00 01/10/2012 101-7004-431.56-52 ELECTRICAL 452.55 S1864035001 002205 00 01/10/2012 101-7004-431.56-52 ELECTRICAL 153.02 - S1863330001 002206 00 01/10/2012 101-7004-431.56-52 ELECTRICAL 40.28 S1863671001 002207 00 01/10/2012 101-7004-431.56-52 ELECTRICAL 137.38 S1863675001 002208 00 01/10/2012 101-7004-431.56-52 ELECTRICAL 45.79 VENDOR TOTAL € 829.02 - 0004026 00 DESERTARC TCGQ7005 002300 00.01/10/2012 101-3001-451.33-04 SHIRTS-HUMANA EVENTS 641.11 - VENDOR TOTAL * 641.11 0006326 00 DISABILITY ACCESS CONSULTANTS INC - 11441 002295 00 01/10/2012 101-7006-431.32-07 CONSULTANTS 28,700.00 VENDOR TOTAL ■ - 28,700.00 0000118 00 DUDEK & ASSOCIATES INC 20115727 002294 00 01/10/2012 401-1839-551.35-07 OCT-DESIGN 210.00 VENDOR TOTAL x 210.00 0002585 00 DUNN-EDWARDS CORPORATION 2079140947 002283 00 01/10/2012 101-5055-422.43-61 ST#93 MAINT 43.61 .5079005428 002283 00 01/10/2012 101-5055-422.43-61 RETURN CREDIT 6.47- 2079140907 002283 00 01/10/2012 101-5055-422.43-61 ST#93 MAINT 5.39 O N N PREPARED 01/O9/2O12, 16:08:38 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L - AS OF: 01/1O/2O12 CHECK DATE: 01/1O/2O12 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQB VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------- NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002585 -00 DUNN-EDWARDS CORPORATION 5079005426 002283 00 01/1O/2O12 101-5055-422.43-61 RETURN CREDIT 5.39- 2079140913 002283 00 01/1O/2O12 101-5055-422.43-61 STN93 MAINT 6.47 . 2079141204 002283 00 01/10/2O12 101-7004-431.56-37 GRAFFITI 7.15 VENDOR TOTAL ■ 50.76 0000598 00 ECONOLITE CONTROL PRODUCTS INC 95764 002280 00 01/1O/2O12 101-7006-431.56-02 BIU REPAIR 140.00 _ VENDOR TOTAL • 140.00 0000309 00 ELMS EQUIPMENT RENTAL INC 4385350001 002283 00 01/1O/2O12 101-7003-431.44-01 EQUIPMENT RENTAL 859.27- 4382540001 002283 00 01/1O/2O12 101-7003-431.44-01 EQUIPMENT RENTAL 2,026.21 VENDOR TOTAL 1,166.94 0004899 00 FG CREATIVE INC 2716 002283 00 01/1O/2O12 101-1003-413.55-07 JAN-PR RETAINER 6,000.00 2719 002283 00 01/1O/2O12 101-1003-413.55-07 FEB-PAY PER CLK 31000.00 2718 002283 00 01/1O/2O12 101-1003-413.55-07 FEB-PAY/CLK LOCAL 500.00 2720 002283 00 01/1O/2O12 101-1003-413.55-07 FEB-PAY/CLK FB 500.00 2717 002283 00 01/10/2012 101-1003-413.55-07 JAN-TOURISM WEBSITE 500.00 2714 002283 00 01/1O/2O12 101-3001-451.33-04 ACTIVITIES GUIDE 500.00 VENDOR TOTAL • 11,000.00-,- 0006285 00 FTR INTERNATIONAL 2006-06 002294 00 0111O/2O12 401-1762-551.45-01 ADAMS BRIDGE 48,368.31 VENDOR TOTAL ■ 48,368.31 - 0000454 00 HIGH TECH IRRIGATION INC 244499 002283 00 01/1O/2O12 101-7004-431.56-52 IRRIGATION 42.16 . VENDOR TOTAL ■ 42.16 0006341 00 HONDA YAMAHA OF REDLANDS 113398 002252 00 01/10/2012 501-0000-511.43-50 MOTORCYCLE R&M 481.18 - VENDOR TOTAL * 481.18 0000602 00 INLAND POWER EQUIPMENT CO 112610 002300 00 01/1O/2O12 101-7003-431.56-52 CHAIN SAW CHAINS 123.96 VENDOR TOTAL ■- 123.96 0004314 00 JTB SUPPLY CO., INC. 93995 002283 00 01/1O/2O12 101-7006-431.56-02 BATTERY BACKUP 1,724.00 VENDOR TOTAL + 1,724.00 0003591 00 KINETIX HEALTH & PERFORMANCE CENTER 57016 002271 00 01/1O/2O12 101-0000-228.30-00 REFUND 500.00 VENDOR TOTAL 500.00 0000865 00 KRIBBS CONSTRUCTION, BRUCE 1001 002217 00 01/1O12O12 101-7004-431.32-07 ELECTRIC SVC/REPAIR 575.00 - C7 G: PREPARED O1/09/2012, 16:08:38 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 CITY OF LA QUINTA, CALIFORNIA ' ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME - EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000865 00 KRIBBS CONSTRUCTION, BRUCE VENDOR TOTAL * 575.00 0003498 00 L & L AUTOMOTIVE _ 8189 002251 00 01/10/2012 501-0000-511.43-40 VEH#63 MAINTENANCE 202.15 VENDOR TOTAL * 202.15 0001620 00 LA QUINTA BAKERY BL#105663 002218 00 01/10/2012 101-1000-321.00-00 REFUND 5.00 VENDOR TOTAL * 5.00 0000315 00 LA OUINTA CHAMBER OF COMMERCE 20559 002244 00 01/10/2012 101-1003-413.33-02 3RD OTR PAYMENT 37,500.00 VENDOR TOTAL * 37,500.00 0005714 00 LA QUINTA FARMS LLC 573 002245 00 01/10/2012 101-7006-431.32-15 SRR PM10 28,492.42 VENDOR TOTAL * 28,492.42 0002182 00 LASR-INK PALM SPRINGS 9866 002246 00 01/10/2012 101-4001-415.56-01 OFFICE SUPPLIES 54.95 . VENDOR TOTAL 54.95 0000080 00 LOCK SHOP INC, THE 860527 002242 00 01/10/2012 401-1805-551.45-01 ELECTRIC METERS 152.78 860527 002243 00 01/10/2012 401-1844-551.45-01 ELECTRIC METERS 76.28 VENDOR TOTAL * 229.06 0004201 00 MAXWELL SECURITY SERVICES INC. 1201078 002283 00 01/10/2012 101-5008-419.41-30 SECURITY 150.00 VENDOR TOTAL * 150.00 0006475 00 MILLER, AL & SONS ROOFING CO INC BP#11-1366 002303 00 01/10/2012 101-5000-342.82-00 REFUND 4.00 VENDOR TOTAL * 4.00 0006476 00 MILLER, EILEEN _ 56897 002270 00 01/10/2012 101-3000-342.30-00 REFUND 43.00 VENDOR TOTAL * 43.00 0002624 00 MOWERS PLUS INC 78326 002283 00 01/10/2012 101-7003-431.56-52 CHAIN LINK/OIL 89.79 VENDOR TOTAL * 89.79 0005772 00 MOYA, RICHARD 12 002303 00 01/10/2012 101-5004-424.34-04 HAZARD ABATEMENT 80.00 VENDOR TOTAL * 80.00 - -. 000250 00 NAI CONSULTING INC OF 2011-07 002293 00 01/10/2012 101-7001-431.32-07 DEC -PROF SVC 1,050.00 -- Q N A PREPARED 01/09/2012, 16:08:38 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 - CITY OF LA OUINTA, CALIFORNIA - ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEON VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000250 00 NAI CONSULTING INC 9 OF 2011-07- 002284 00 01/10/2012 401-1762-551.55-07 DEC -PROF SVC 569.87 9 OF 2011-07 002285 00 01/10/2012 401-1804-551.80-01 DEC -PROF SVC 1,375.00 9 OF 2011-07 002286 00 01/10/2012 401-1812-551.32-10 DEC -PROF SVC 150.00 9 OF 2011-07 002287 00 01/10/2012 401-1829-551.35-07 DEC -PROF SVC 2,687.50 9 OF 2011-07 002288 00 01/10/2012 401-1830-551.35-07 DEC -PROF SVC - 319.77 9 OF 2011-07 002289 00 01/10/2012 401-1841-551.35-07 DEC -PROF SVC 375.00 9 OF 2011-07 002290 00 01/10/2012 401-1843-551.35-07 DEC -PROF SVC 25.00 9 OF 2011-07 002291 00 01/10/2012 401-1846-551.32-10 DEC -PROF SVC 1.,250.00 9 OF 2011-07 002292 00 01/10/2012 401-1870-551.32-10 DEC -PROF SVC 1,750.00 0002968 00 23802 0001065 00 67 0000041 00 590332531001 591149915001 591379017001 591379002001 590333507001 0002064 00 1011 0000130 00 7306081 0004626 00 112311141052 0000961 00 112111173600 0000518 12775IN 0000838 57012 C7 N C.S7 00 VENDOR TOTAL * NATIONAL RECREATION 8 PARK ASSOC 002280 00 01/10/2012 101-3001-451.53-03 MEMBERSHIP VENDOR TOTAL * NIETO, RUBEN 002283 00 01/10/2012 501-0000-511.43-43 CAR WASH VENDOR TOTAL * OFFICE DEPOT 002236 00 01/10/2012 101-1004-413.56-01 OFFICE SUPPLIES 002234 00 01/10/2012 101-2001-411.56-02 OFFICE SUPPLIES 002232 00 01/10/2012 101-4001-415.56-01 OFFICE SUPPLIES 002233 00 01/10/2012 101-4001-415.56-01 OFFICE SUPPLIES 002235 00 01/10/2012 101-4002-415.56-07 OFFICE SUPPLIES VENDOR TOTAL * OMEGA LAKE SERVICES 002283 00 01/10/2012 101-3005-451.32-30 DEC -CAMPUS LAKE VENDOR TOTAL * ON-TRAC 002267 00 01/10/2012 101-4002-415.51-31 OVERNIGHT MAIL VENDOR TOTAL * PALM DESERT CYCLERY, INC. 002253 00 01/10/2012 101-5054-421.56-02 OPERATING SUPPLIES VENDOR TOTAL * PALM SPRINGS CYCLERY 002254 00 01/10/2012 101-5054-421.56-02 OPERATING SUPPLIES VENDOR TOTAL * PALM SPRINGS DESERT RESORTS 002221 00 01/10/2012 101-1003-413.33-04 TOT 3RD OTR FY11/12 VENDOR TOTAL * 00 POULTON, RUTH 002272 00 01/10/2012 101-3000-342.70-00 REFUND 9,552.14 600.00 600.00 736.00 736.00 27.95 22.19 3.54 26.18 926.43 1,006.29 270.00 270.00 61.32 61.32 38.79 38.79 92.94 92.94 33,750.00 33,750.00 30.00 PREPARED 01/09/2012, 16:08:38 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 CITY OF LA QUINTA, CALIFORNIA ----------------------------------------------------------- VEND NO SEQ# VENDOR NAME 7------------------------------------------------------------------------ EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK - HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000838 00 POULTON, RUTH 0000043 112565B 0000327 11110475 0004293 RI121100 RR121093 0005655 111116 0000415 16662 0004249 97829622 97829622 97829622 97829622 97829622 97829622 97829622 0001291 5213 00 PRINTING PLACE, THE 002250 00 01/10/2012 00 RBF CONSULTING INC 002294 00 01/10/2012 00 00 00 00 00 0000048 00 5164019421 3160596509 3166092865 3166169575 3166092867 3166197870 3166092864 5165815159 3166197872 z 3149999536 3166092866 C7 N VENDOR TOTAL * 101-4002-415.56-07 DECALS VENDOR TOTAL * 401-1762-551.35-07 DESIGN VENDOR TOTAL a REPUBLIC INTELLIGENT TRANSPORTATION 002280 00 01/10/2012 101-7006-431.32-20 SIGNAL SERVICE 002280 00 01/10/2012 101-7006-431.32-20 SIGNAL SERVICE VENDOR TOTAL ■ RK ENGINEERING GROUP INC 002280 00 01/10/2012 101-7001-431.32-07 TRAFFIC MODS VENDOR TOTAL ■ SIERRA LANDSCAPE CO INC - 002294 00 01/10/2012 101-7004-431.34-04 DEC MAINT VENDOR TOTAL ■ SILVERROCK RESORT 002265 00 01/10/2012 101-0000-203.04-00 2ND QTR SALES TX 002264 00 01/10/2012 101-3001-451.33-04 2ND QTR SALES TX 002259 00 01/10/2012 101-5054-421.36-80 2ND QTR SALES TX 002260 00 01/10/2012 101-7001-431.55-04 2ND QTR SALES TX 002263 00 01/10/2012 101-7003-431.56-52 2ND QTR SALES TX 002261 00 01/10/2012 101-7004-431.56-52 2ND QTR SALES TX 002262 00 01/10/2012 221-0000-463.33-22 2ND QTR SALES TX VENDOR TOTAL ■ SOUND IMAGE INC 002257 00 01/10/2012 101-5056-425.43-90 EOC EQUIPT R&M VENDOR TOTAL ■ STAPLES ADVANTAGE 002229 00 01/10/2012 101-1003-413.56-01 OFFICE SUPPLIES 002230 00 01/10/2012 101-1003-413.56-01 OFFICE SUPPLIES 002223 00 01/10/2012 101-3001-451.56-01 OFFICE SUPPLIES 002225 00 01/10/2012 101-3001-451.56-01 OFFICE SUPPLIES 002224 00 01/10/2012 101-3002-451.56-01 OFFICE SUPPLIES 002227 00 01/10/2012 101-5001-424.56-01 OFFICE SUPPLIES 002228 00 01/10/2012 101-6001-463.56-01 OFFICE SUPPLIES 002222 00 01/10/2012 101-7001-431.56-01 OFFICE SUPPLIES 002226 00 01/10/2012 101-7001-431.56-01 OFFICE SUPPLIES 002272 00 01/10/2012 101-7001-431.56-01 OFFICE SUPPLIES 002272 00 01/10/2012 101-7001-431.56-01 OFFICE SUPPLIES 30.00 296.31 296.31 5,202.54 5,202.54 1,281.29 429.08 1,710.37 2,000.00 2,000.00 608.31 608.31 32.00 142.00 204.00 4.00 13.00 7.00 249.00 651.00 460.00 460.00 29.51 $1.17 62.55 17.22 226.52 85.50 15.07 46.84 15.07 52.74 15.07 PREPARED 01/09/2012, 16:08:58 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME - EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM - CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000048 00 STAPLES ADVANTAGE 3166197869 002231 00 01/10/2012 221-0000-463.33-22 AB939 RECYCLING 7.76 VENDOR TOTAL * 605.02 0005552 00 TESERRA 34325 002300 00 01/10/20i2 101-7004-431.34-04 DEC -LANDSCAPE SVC 38,103.97 VENDOR TOTAL ■ 38,103.97 0000057 00 TOPS'N BARRICADES INC - 1024890 002209 00 01/10/2012 101-7003-431.56-46 SIGNS 165.50 VENDOR TOTAL ■ 165.50 0006030 00 UNITED ROTARY BRUSH CORPORATION 269602 002303 00 01/10/2012 501-0000-511.43-46 SWEEPS #41 & #64 1,045.09 - VENDOR TOTAL . 1,045.09 0006363 00 USA SHADE STRUCTURES _ 29796IN 002215 1499 00 01/10/2012 401-1861-551.45-01 FB DOG PK SHADE 5,795.02 VENDOR TOTAL r 5,795.02 _ 0001777 00 VALLEY ANIMAL MEDICAL CENTER - 36094 002303 00 01/10/2012 101-5006-426.33-25 VET SERVICES 62.00 36116 002303 00 01/10/2012 101-5006-426.33-25 VET SERVICES 108.30 VENDOR TOTAL • 170.30 0002431 00 VINTAGE ASSOCIATES - SI105933 002211 00 01/10/2012 101-3004-451.30-96 DEC -PARK MAINT 560.00 SI105933 002212 00 01/10/2012 101-3005-451.34-04 DEC -PARK MAINT 51,540.00 SI107174 002214 00 01/10/2012 101-3005-451.56-52 MONTICELLO IRRIG 466.98 SIIO5933 002213 00 01/10/2012 101-3006-451.34-04 DEC -PARK MAINT 425.00 SI105933 002210 00 01/10/2012 101-7004-431.34-04 DEC -PARK MAINT 12,200.00 VENDOR TOTAL * 45,191.98 0006478 00 WIDGEN, TRICIA 56997 002268 00 01/10/2012 101-3000-342.10-00 REFUND 130.00 ' VENDOR TOTAL ■ 130.00 0005108 00 YOUNG ELECTRIC SIGN COMPANY 8003741201 002281 00 01/10/2012 101-3005-451.32-07 JAN-ELECTRIC SVC 2,000.00 8003741201 002282 00 01/10/2012 101-7004-431.32-07 JAN-ELECTRIC SVC 9,475.00 VENDOR TOTAL ■ 11,475.00 0000201 00 YOUNG ENGINEERING SVC 1185 002283 00 01/10/2012 101-5002-424.33-28 CQNT PLAN CHECK 3,762.50 VENDOR TOTAL ■ 3,762.50 0000813 00 4IMPRINT 2294049 002303 00 01/10/2012 101-3001-451.33-04 HUMANA EVENT 732.58 VENDOR TOTAL * 732.58 PREPARED O1/09/2012, 16:08:58 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM559L AS OF: 01/10/2012 CHECK DATE: 01/10/2012 CITY OF LA GUINTA, CALIFORNIA ---------__--------- ------------------------------.____'----------------------------______----------------------------------------- VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT - ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000815 00 TOTAL EXPENDITURES ■Nx* 351,864.41 GRAND TOTAL 351,864.41 PREPARED 12/28/2011, 16:26:23 CITY OF LA OUINTA, CALIFORNIA PROGRAM: GM315U ACCOUNTS PAYABLE UPDATE LIST PAGE 1 REPORT NUMBER 81 GROUP NUMBER 01225 VOID CHECK GROUP ACCOUNTING PERIOD: 06/2012 GROUP USER ID SMANCILLA GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA ------------------------------------------------------------------------------------------------------------------------------------ TRANS# TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SE0 VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK# CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB# FACILITIES ID -------------------------------------------------------------------------------------------------------------------------------- = 100 12/28/2011 004752 00 101-1000-321.00-00 - 0006190 00 TAYLOR, DAVID M CONS BUSINESS LIC 50.00- REFUND 00/00/0000 0091870 05/10/2011 N GROUP TOTALS COUNT: 1 AMOUNT: 50.00- I& viklt €, �.• ' COUNCIL/RDA MEETING DATE: January 17, 2012 AGENDA CATEGORY: ITEM TITLE: Receive and File Treasurer's Report as of BUSINESS SESSION:� November 30, 2011 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: Transmittal of Treasurer's Report dated November 30, 2011 for the City of La Quinta. CHARTER CITY IMPLICATIONS: ►0fM BACKGROUND AND OVERVIEW: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I herby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, John M. Falconer, Finance Director ..4 030 M 1 1 fiVl'71vill 1 1 MEMORANDUM Quinta City Council FROM:, John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurers Report for November 30, 2011 DATE: December 30, 2011 Attached is the Treasurer's Report for the month ending November, 2011. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Interest bearing active bank deposit Certificates of Deposit US Treasuries US Gov't Sponsored Enterprises Commercial Paper Corporate Notes 1 15:200,984 $ 13,1100,000 $ (2,350,000) 0 $ 39,527,820 19,004 - 26,650,984 11,450,000 50,000 724,000 39,546,824 60,955:235 (2) 724,000 0 14,996,096 (21 7,195 60,962,430 71195 746 14,996,842 746 5,008,776 (2) 0 ' 16,130,247 1 (6,75�) 5,002,020 (6,751) 0 1913n 9d7 ,. I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. ohn M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. Date (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. N 032 3 C Treasurer's Commentary For the Month of November 2011 Cash Balances — The portfolio size decreased by $3.15 million to end the month at $162.9 million. Major capital improvement expenditures were $1 .3 million, including $363,000 spent on the "A" Street extension Project, $127,000 spent on the Phase 2 Washington St Drainage Project, and $493,000 on the Adams Street Bridge Project. During November, $1.7 million was paid toward the County of Riverside Sheriff contract. Investment Activity — The investment activity resulted in an average maturity decrease of twenty three (23) days from the prior month to end the month of November at 94 days. The Treasurer follows a buy and hold investment policy with the no investments maturing in November. The sweep account earned $10 in interest income for the month of November and the bank fees for the month were $ 1,540 which resulted in a net decrease of $1,530 in real savings. Portfolio Performance — The overall portfolio performance was two (2) basis points higher than the prior month ending at .37% for the month, with the pooled cash investments at .52%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .49% which reflects the current interest rate environment. Looking Ahead In the short term, the Treasurer will be investing in LAIF and may look at short term commercial paper or GSE paper. With the recent State Supreme Court ruling the $18 million payment will not be due to the State of California in mid January. 033 4 CITY OF LA QUINTA PERMISSIBLE DEPOSITS AND INVESTMENTS November 30, 2011 The City Treasurer will be permitted to invest in the following types of investments subject to the maximum percentage compliance limits and bid process requirements: All maturities must be less than the maximum allowed. Type of Investments Checking/Savings and other time accounts Certificate of Deposits, with interest earnings paid monthl U.S. Treasury Bills, Ships, Notes and Bonds. U.S. Government Sponsored Enterprises and Federal Government Securities ( except any collateralized mortgage obligation (CMO) or structured note which contains embedded - Government National Mortgage Association (GNMA) - Federal Farm Credit (FFCB) - Federal Home Loan Bank Notes 8 Bonds (FHLB) - Federal National Mortgage Association (FNMA) - Federal Home Loan Mortgage Corporation FHLMC Prime Commercial Paper Medium Term Corporate Notes - TLGP General Electric Capital TLGP Local Agency Investment Fund (LAIF) Local Agency Bonds/CA Local Agency Bond Obligations Interest bearing active bank deposit _ Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolio consists only of US Agency Securities maintaining a par value per share of $1. i All Funds Maximum All Funds Actual % All Funds Over Under 85% -0,51%-85.51% 60% 0.34%-59,66% 100% 42.98% 57,02% 30% 0.00% We 100% 30,000,000 25,000,000 20,000,000 20,000,000 $ 15,000,000 - (30,000.000) (10.000.000) (20.000,000) 20,000,000 95,000,000 15,000,000 80.000,000 15% 0.00% 15.00% 5,000,non 5,000,009 5,000,000 5,000,000 20 % 3.52% -16,48 % 10,000,000 5'000,000 5,000,000 10,000,000 5,000,000 5,000,000 30% 15.58% -14,42% 10% 0,00% -10,00% 60%. 27.85% -32.15% 40,000,000 39,546,824 20% 10.24% -9.76% Annualized Earnings of Pooled Cash Investments 0.518% Annualized Earr2s of Fiscal Agent Investments 0.029% Annualized Eartun s of All Investments 0.369 % LTI RRestrictionsMatun Maximu m Credit Quality Exce bons <=$250,000 per institution 3 years FDIC Insured None <=$250,000 per institution 3 years FDIC Insured None Except no more than $8 million may be invested overt years, 10 ears None Restricted to per -issuer limits below: 3 years None 100% $30.0 million $25.0 million $20.0 million $20.0 million $95.0 million 15% 90 days Standard 8 Pm—W`Mood 's None Al P1 $10.000,000 r Issuer 3 ears at least Standard 8 Poors'AA' None $40,000,000 per account Utilize DVP 3 years Urinated None $30,000,000 per account 10 years $40,000,000 per bank On demand collateralized 110%of eligible securities None Maintain $1 per share par value Utilize DVP 60 days AAA by two of three rating agencies or assets of $500 million and investor SEC licensed > 5 rs None clymuainb Summary IXlld®tpe Clty. 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Gow M5ponwl EaeM-$ 19,994.659 19,59],3]1 ICON.= 14,956,W8 16,M,042 Pnme Comme2ial Paper 19.m,em 4,%7433 0 0 0 Wrryrate lbk5 10,OM 3]3 10.024,SU 5015,752 5,m,m 5,W2,M5 Qrtllltalesa cefmll M4,003 726,003 rzdOW MCC 726.00 M al FuM 45287.17 45 5B832 16767BOB 1813020 16130247 TWl S IN 636d26 $IQ 912279 1 1674WO18 1W 90 3 18211231N S 166595 C35 156 G3B 915 161121895 T Ju 10 A ust Ee tuber OS1MI l m0er D mmW Janua 11 Febm March A M Jum Ca5M1 81m2sMemb $ (519,652) S 11536.3% 1 (2d0,160) $ 1818]9 S 06616 S W6,611 5 1159,9M E 50]I,36] S t0,192:1 $ 692.]62 E (782,612) $ 27I229 Stale Pta $ 47 M4,613 $ 3]3a613 $ 46,914.12 $ U.123,655 $ 61,9D.M4 5 31]]3,655 5 17,2W.980 $ 12,61 ],858 S 21,11],[SB $ 31,OB8.191 E 3],SBB,t91 E 30]80191 US. Tr., BJ¢M 5 97,935,011 5 97 958520 $ 0],956929 $ 87,984998 $ 87,990.217 1 04879316 $ 96,8M.569 $ WKO.731 $ 80,911965 $ 84,921.301 1 71,930,152 $ 58,036,598 US, Go ME NSpanmr EMMnus E 18,999,298 $ . $ - $ - $ 14,9OS.2 S - $ 24937,992 S 24998,581 S 199W." $ 19,9M.818 5 19980729 E 19,591,50 pd. fAmmerdal Papel S - $ - S - $ -. $ - $ - $ I'M 194 S 0,998.007 $ 4997.149 $ 4,938.261 $ 19994862 S 19,M,M CArpante 0bke $ 15,167,34 $ 15,165,163 5 15143,378 $ 15,131.2W $ 15,119416 S 15.107239 f 15,D35061 $ 15084,052 $ 1O.0]J092 $ 10,M.571 $ 10,05],]32 S 10,OM,211 CetBIIFaMb Of cepoan $ 969030 $ 969WO $ 569000 $ %9,0W E 959,000 $ NO" f 9690m $ NO," $ 969000 $ 989W0 $ %9,WO S 724,WO FuMS 581790 581790 $ 5817% S 581796 s 5817W 5 3.5W 955 S 3593955 1 1380031 $ 1380031 1380031 1380.031 S 45290 W1 M..l ToUI f1WW400 51fi3513491 /51335255 1492]2520 18228].N1 S11fi B49 ]]8 1G5995 fi55 16102J tl] 15]221802 156 WB9t5 161111885 S 1W 0.52 ]50 T Ju W 5e MWF omw, November DecemOer Jawa 10 Februa Marts A nl Ma JuraCa dlnros . S (740.516) 6 5 "1 M6 $ 1)45,593 $ (566,5W) 5 MIS14 $ (6P,226j 5 5,94oR5 $ 896281 S 10]],218 $ 215918 $ (1,329.331) SM PMI S 53WZ5M 6 S 48.307 MO $ 49,956,1W S 481M I" S 48.958194 $ 56]&I,U5 $ 49.630,N5 E 494W,6]5 $ 47.01= $ 51C31.232 $ 50,351,232 U.S. Tm.l SiWNoles $ 117,8750 1 $ 1W,93-521 $ 1009%B86] $ 1029]5248 $ 98829.823 $ 90,849,63] $ 9886],535 $ 98876,119 $ 90,895.655 S W.915,B63 $ 9I,922]95 USGmnmmeM SMnmrW EMerpise5 $ - - S - $ - $ - $ . $ 10,935,483 5 1893594fi $ 18,9W,551 $ 18893,7M $ 18995,608 $ 18,097,424 Prime Commertial Paper 5 0999.6N $ 12115,512 - 2 =�MWF f - $ 153W,]Ed E - $ 152]d,]01 $ $ 15362990 $ $ 15250,9W E $ 15,238.815 S - 5 10221M2 S - $ 15.215265 5 E 152W,4W S - 5CeMre SC Wrp "es S %9CW 0 S 1209 NO $ 1,2W.03 5 1,2W000 5 1,2W,WO $ 12WOW E 12090W $ 1.2W,OW $ 1,209 COU 5MMal aDeW58 521081- $ - S .183 $ W41B3 611TOUI Fulls 189549839]3 $t]35W 306 $ 1691M155 16698fi&] $186118920 1913W 36] $ 190283 q5 101088396 1W MI 9W 1W SW 555 1826]2 Q] Jul OB A uM Se mMr 06]Cer Navemhr DesmOer Janua 09 Februa Mard, A nI Ma Jure T Ca5081mea1meMs $ (39M.458) $ 10,879936 $ (835]) $ (1,47503) $ (141203) $ (963,81]) S 16.268901 5 6.318566 $ (281014) S 4,56I,MJ S 2,IB]W9 S WB,dB9 Nmp.l 1 47 W3.920 5 46503920 $ 4929920 $ O.re],9Q S 46,98],94] $ 48,437 N6 $ 56,149,553 5 51649553 S 49949553 $ 51.295185 5 51795I85 $ 55.9W.1B5 US. 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No �° "d'o a d`d`a°� e°d'd'o d°2'aada a°ON ad`i2O°ee a°d° a°d°i°°ad°2°A a°�°�°a°d`eeaa City of La Quinta Chart of Interest Rates June 2011 through November 2011 0.70% 0.60% 0.50% 0.40°k 0.30°/ Percent 0.20°/ 0.10°/ 0.00% j F-� June 11 July 11 August'11 Months September'11 October 11 November'11 — •— Annualized Earnings of Pooled Cash Investments +Annualized Earnings of Fiscal Agent Investments a Annualized Earmngs of All Investments i7ix Month Treasury Bill Rate —a —Two Year Treasury Note Rate __ N cei� 4 4 QU&M COUNCIL/RDA MEETING DATE: January 17, 2012 AGENDA CATEGORY: ITEM TITLE: Receive and File Revenue and Expenditure BUSINESS SESSION: Reports for November 30, 2011 and Investment CONSENT CALENDAR: 3 Summary Report for the Quarter Ending December 31, 2011 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. .CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of the November 30, 2011 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2011 for the City of La Quinta. Respectfully submitted, A4 rt, John M. Falconer, Finance Director to 042 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Revenue and Expenditure Reports, November 30, 2011 2. Investment Summary Report for the Quarter Ending December 31, 201 1 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2011-1113012011 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $50,389,68000 $4,827,26012 9,60% Library 2,130,300.00 (117,70) 0,00% Gas Tax Revenue 994,900.00 373,83T02 37,60%. Federal Assistance 145,833.W 0,00 0.00% JAG Grant 16,152.00 0.00 - -(IM56 Sles((Cops) Revenue 100,000.00 - (49.61) 0.00% Indian Gaming 105,844.00 0.00 0.00% Lighting S Landscaping 964,219.00 25.180.83 2.60% RCTC 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Farce 0.00 0.00 0 00% AS 939 4,300.00 (2,30489) -53.60% Quimby 50,000.00 (17,497.68) -35.00% Infrastructure 100.00 (785,50) -785.50% Proposition 4R 0.00 0.00 0.00% South Coast Air Quality - 65,568.00 (2,613.62) ADD% CMAQ/ISTEA 416,026.00 199,246,68 47,90% Transportation 523,300.00 11,40803 2.20% Parks B Recreation 89, 20000 8,920.00 1000% Civic Center - 127,6D0.00 $95000 780% Library Development 35,500.00 3,550.00 10,00% Community Center 13,300.00 _ (1,53128) -11.50% Street Facility 20,000.00 780.17 3.90% Park Facility - 2,200.00 21966 -10.00% Fire Protedion Facility, 29,800.00 1.400.00 4.70% Arts In Public Places 99,800.00 6.326,10 6,30% Interest Allocation 0,00 187,35771 0.00% Capital Improvement - 107,683,044.D0 6,032,115.09 5.60% Equipment Replacement 620,806.00 586,087.52 94.40% Information Technology 489,32200 483.531.94 98.80% Park Equipment B Facility _2,700.00 (1,40665) 52.10% , SilverRoa Golf 3,641,591.00 807,425.42 21,00% SilverRock Golf Reserve 68,340.00 (WI 30) -0.90% La Comte Public Safety Officer 2,100.00 1,951 75 92.90% Supplemental Pension Savings Plan 200,954.00 200,054.00 99.60% La Quinta Financing Authority 8,164,371.00 4,929,797.27 60.40% RDA Projed Area No. 1 63.392,945,00 3.327, 915,21 5.20% RDA Protect Area No. 2 32,986,851.00 1,410,923,00 4,30% La Quinta Housing Authority 1,035,090.00. 11,79866 48.60% Total $274,791, 736.00 $2391112875 870%.' CITY OF LA OUINTA EXPENDITURES -ALL FUNDS FUNDS ADJUSTED-- BUDGET OT1g112011-11/30 Ott EXPENDITURES IENCUMBERED REMAINING BUDGET PERCENT General 162FI89,131.00 $11,211028.43 $20,71 448 $42,95 8787.09 XO.79A Library 1,776, 094.00 873,223.00 0.00 902, 871.00 49.2% Gas Tax 994,900.00 414,54000 0.00 580,360.00 41.7% Federal Assistance 145,833.00 0.00 0.00 145,833,00 0.0% JAG Grant 61, 18100 000 0,00 61,18100 0.0% Slesf (Cops) Revenue 100,000.00 0,00 0,00 100,000.00 0.0% Indian Gaming 105,844.00 0.00 0.00 105,844.00 0.0% Lighting 8 Landscaping 1,002,99600 417,915,00 0.00 585,081.00 41.7% RCTC 0.00 0.00 0.00 0.00 0.0% Development Agreement 0.00 0.00 0.00 0.00 0.0% CV Violent Crime Task Force 0.00 0,00 0.00 0.00 0.0% AS 939 194,961,00 102,672.23 2,000.00 90,288,77 527% Quimby Q444543.00 127,916,45 0.00 8,316,626.55 1.5% Infrastructure 393,07400 0.00 0.00 393,074C0 0.0% Proposition 16 351,623.00 39,762.07 0.00 311,860.93 11.3% South Coast Air Quality 65,568CO (2,446.93) 0.00 68,014.93 -3.7% CMAQ 416.026.00 199,246.68 0.00 216,779.32 479% Transportation 4,078,612.00 542,785.22 OAO 3,535,82678 13.3% Parks B Recreation 7, 100.00 1,945.50 0.00 5,154.50 27,4% Civic Center 237,056.00 94,22376 000 142,832,24 39.7% Library Development - 9,800.00 2.750.28 0.00 7,049,72 28.1% Community Center 0.00 000 000 0.00 0.0% Street Facility 10,00000 2.687.69 0.00 7,112. 11 28.9% Park Facility 2,200.00 110,17 0,00 2.08983 50% Fire Protection 4.71MW 1,321,78 0,00 3,378.22 28.1% Arts In Public Places 536,200.00 21,953,65 0.00 514,246.35 4.1% Interest Allocation 0.00 0.00 0.00 0.00 0 0% Capital Improvement 107,663,044.00 6.032,115.09 1,479,195,02 100, 151.733. 89 5.694 Equipment Replacement 589,339.00 80,431,67 0.00 508,907.33 13.6% Intonation Technology 518,354.00 184150.57 0.00 334,203.43 35.5% Park Maintenance Facility 482,234.00 9,840.04 0.00 472,393,96 20% SilverRock Golf 3,833,108.00 1,407.624.82 000 2,425.483.18 36.7% SilverRock Reserve 0.00 0.00 0.00 0,00 0.0% LQ Public Safety Officer 2,00000 0.00 0,00 2,000.00 0.0% Supplemental Pension Savings Plan 12,833.00 12.832.86 coo 0.14 100.0% La Quints Financing Authority 8, 164,371,00 4.934,975.56 0.00 3,229,395.44 604% La Quinta Housing Authority 993,091.00 287,52063 0.00 705,570,37 0.00 RDA Project Area No. 1 121,385,39700 16,402,364. 93 0.00 104,983,03207 13.5% RDA Project Area No. 2 56, 288,873.00 5,144,557.27 0.00 51, 144,31573 9.1% Iota[ n- 045 4 CITY OF LA GUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Statutory Tax - LO Statutory Tax Riverside Cnty Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES 8 PERMITS 07/01/2011-1113012011 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,764,800.00 157,800.76 1,606,%9.22 8.940% 3,922,500. 00 353,710,40 3,568,789.60 9,020% 190,000,00 0.00 190,000.00 0.000% - 80,000.00 0.00 80,000.00 0.000% 5,352,000.00 916,000.00 4,436,000,00 17.120% 1,784,000.00 155,263,10 1,628,736.90 8,700% 441, 500.00 111,890.21 329,609,79 25.340% 4,500,000,00 653,434.88 3,846,565.12 14.520% 251,000.00 5,283.60 245,716,40 2.110% 145]730.00 12605917 133167083 8650% 19,743,530.00 2,479.442. 14 17, 264,087.86 12.560% 298400.00 123,914,90 174,485,10 41.530% 32,300.00 11,274.50 21, 025.50 34.910% 188,300,00 62,238.50 126p61.50 33,050% 24,400.00 8.921.25 15,478,75 36.550% 24,600.00 12,081.50 12,718.50 48.720% 25,200.W 9.981.75 15.218.25 39.610% 16.l W, 0 6,990.00 9,110.00 43,420% 39,900.00 15 538.58 24,36142 38 940% 649,400A0 250,940.98 398,459.02 38640% FEES. Sale of Maps & Publications 1,885.00 227.35 1,65765 12.060% Community Services Fees 428,844.00 208,414.10 220.429.91) 48,600% Finance 7,IKX),W 180,00 7,620.00 2,310% Bldg & Safety Fees 210,366.00 59,042.76 151,323.24 28.070% Bldg & Safety Lease Revenue 73,100.00 33,990.D0 39,110.00 46.500% SMIP Administration Fees 250.00 27.89 222,11 11.160% Community Development Fees 55,Boom 32,825.56 22, 974.44 58.830% Public Works Fees 200,055.00 68,N&W 131,708,10 34.160% TOTAL FEES 978,100W 403,054.56 575,04544 41.210% INTERGOVERNMENTAL Motor Vehicle le-LIEV 3,315,000,00 21,97606 3,293,023.94 0660% Motor Vehicle Code Fines 112,900.00 26,681.36 86,218.64 23.630% Parking Violations 42,900,00 10.473.00 32,427.00 24410% Misc. Fines 151,400.00 45.392.31 106,007.69 29,980% Federal Govt Grants 154,399.00 0.00 154.399.00 0.000% County of Riverside Grant 0.00 0.00 0.00 0,000% State of California Grant 11,892.00 (12,313.65) 24,205.65 -103,550% Fire Services Credit- Capital(10150003375010) 0,00 63,58720 (63,587.20) O,OW% Fire Services Credit-Oper (10150003375000) 5,028,17800 1,183,745.94 3,844,432.06 23.540% CVWD 15,800.00 0.00 16,800.00 0.000% CSA152 Assessment 253 WO 00 257408,47 (4408.47) 101.740% TOTAL INTERGOVERNMENTAL 9,088469.00 1,596,950.69 7,489,518.31 17.580% INTEREST 1,043,900. 00 (93,150.23) 1.137.050.23 -8.920% MISCELLANEOUS Miscellaneous Revenue 17,900.00 10,958.12 6,941.88 61,220% AB939 92,400.00 0.00 92,400.W 0,000% Mitigation Measures 0.00 47,460,00 (47,460.00) 0.000% Rental income 25,000.00 0.00 25,OW,00 0,000% Advertising Coop 25,000.00 6,665.00 18,335.W 26.660% Cash Over/(Short) ODO (60.54) 60.54 0.000% TOTAL MISCELLANEOUS 160,300.00 65,022.58 95.277.42 40,560% TRANSFERIN 18,7279BI,00 125000.00 18602981,00 0.670% TOTAL GENERAL FUND 50,389,680.00 4,827,260.72 45,562,419.28 9.580% Q46 5 CITY OF LA OUINTA 0710112DI I-11/30/2011 ' GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 11/30/11 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 830,989.00 280,139.28 0.00 550.84972 33,71% CITY MANAGER'S OFFICE 492,411.00 318,255.12 0.00 174,155.88 64,63% DEVELOPMENT SERVICES 19,834,225,00 631,159.28 0.00 19,203,06572 3.18% MANAGEMENT SERVICES 1,563,241.00 762,37263 0.00 800868.37 48,77% TOTAL GENERAL GOVERNMENT 22, 720,866.W 1,991,926,31 0.00 20,720.939.69 8.77% CITY CLERK 574,071.00 225168.99 3010.00 345892.01 39.22% TOTAL CITY CLERK 574.07 .00 225,168.99 3,010.00 345,892.11 39.22% COMMUNITY SERVICES PARKS B RECREATION ADMINISTRATION 1, 018,522.00 473,401.88 6,545.00 538,575.12 4648% SENIOR CENTER 422,%000 165,862.10 0.00 256,697.90 39.25% PARKS 8 RECREATION PROGRAMS 334,620.00 202,415.89 0.D0 132404.11 6046% LIBRARY 1,464,016.00 235,045.46 0.00 1,228.970. 54 16,05% PARK MAINTENANCE 1, 077,556.00 447,69163 0.00 629,864,37 41.55% MUSEUM 312,078.00 47,572,79 0.00 - 2 1505.21 1524% TOTAL COMMUNITY SERVICES 4,629,552.00 1,511,989.75 6,545.W 3,051,017.25 33.96% FINANCE: FISCAL SERVICES 974,738.00 408,424.11 000 566,31389 41.90% CENTRAL SERVICES 340,191.00 154,261,69 0.00 185.939.31 4534% TOTAL FINANCE 1, 314,929.00 552,675.W 0.00 752.253.20 42.79% BUILDING B SAFETY: BUILDING B SAFETY -ADMIN 282,327.00 112,507,97 0.00 169.819.03 39.85% BUILDING 553,689.00 237,291.11 0.00 316,39789 42.86% CODE COMPLIANCE 1 069,895.00 453,9W,22 000 615,98678 42,43% ANIMAL CONTROL 459,697.00 185,718.29 0,00 273,978,71 4040% FIRE 4,986, 533,W 1,115,919.23 0.00 3,870.613.77 22.38% EMERGENCY SERVICES 195,392.00 75,993,56 0.00 119,398.44 38.89% CIVIC CENTER BUILDING -OPERATIONS 1204,19400 778,720,63 0.00 425,473.37, 64.67% TOTAL BUILDING B SAFETY 5,751, 727.00 2,960,059.01. 0,00 5,791,667.99 '33,82% POLICE: POLICE SERVICES 12,874,680.OD 2,658,350.38 0.00 10,216,329.62 20.65% TOTAL PUBLIC SAFETY 12,874,680.D0 2,658,350.38 0.00 10,216,329.62 20.65% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 935,241.00 340,73T42 0.00 594,503,58 3643% CURRENT PLANNING 56745100 183,132.48 0.00 3131812 32.2]% TOTAL COMMUNITY DEVELOPMENT 1,502,692.W 523,859.W 000 9]8,822.10 52486% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 579,532.00 217,61507 0.00 361,916,93 37,55% DEVELOPMENT B TRAFFIC 603, 874.00 230,829,59 0DO 373,044.41 38,22% MAINT/OPERATIONS- STREETS 2,873,67200 1,475, 799.97 0.00 1,397,87203 51.36% MAINT/OPERATIONS - LTG/LANDSCAPING 1, 533,561.00 499,983.93 000 1,033.577.07 32.60% CONSTRUCTION MANAGEMENT 1, 742,295.00 658,247.33 11,160.48 1,W2,8'7.19. 3]78% TOTAL PUBLIC WORKS 7, 332,934.00 3, 082,475,89 11,160.48 4,239,297.63 42.04% TRANSFERS OUT 1,078,429.00 210,770,20 0.D0 867,658.80 19.54% GENERAL FUND REIMBURSEMENTS (6590749.00) (2576257.80) 0.00 (4014,491.20) 39.09% NET GENERAL FUND EXPENDITURES 54189131,00 11.211,028.43 20,715.48 42,957,387. 09 20,69% I.. C 1 7 L, CT' OF LA OUINTA 07/01/2011-111=2011 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,123,900.00 0.00 2,123,900.00 0,000% Contributions 000 000 0,00 0.000% Interest - 640000 (11770) 6517.70 -1.840% TOTAL LIBRARY 2130300A0 1117.70) 2,130,417.70 -0.010% GAS TAX REVENUE: Section 2105 205.200,00 69,543.90 135,656.10 33.890% Section 2106 128,600.00 43,220.95 85,379.05 33,610% Secion 2107 273,100.00 107,040.25 166.059.75 39,190% Section 2107.5 - 6000.00 87,56276 (81,562,761 1459.380% Section 2103 381, 800.00 66,469. 16 315,330.84 17,410% Tragic Congestion Relief 000 0.00 0.00 0.000% Interest 200.00 0,00 200.00 0.000% TOTAL GAS TAX 994.900.00 373,S37.02 621,062.98 37.680% FEDERAL ASSISTANCE REVENUE: CDBG Grant - 145,833.00 0.00 145,833.00 0.000% Federal Stimulus - 0.00 0.00 0.00 0000% Interest 0,00 0.00 000 0000% TOTAL FEDERAL ASSISTANCE 145SKC0 0.00 145,833.W 0000% JAG GRANT Grant Revenue 16,152.00 0,00 16,152.00 0.000% Interest 0.00 0.00 oA0 0.000% TOTAL JAG GRANT 16,152. DO 0,00 16,152.00 0.000% SLESF(COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,00000 0.000% Interest 000 (4961) 4961 0.000% TOTAL SLESF(COPS) 100000,00 (49.61) 100049.61 -0.050% INDIAN GAMING Grant revenue 105,844.00 0.00 105,844.00 0.D00% Interest 0.00 0.00 0.00 0.000% TOTAL INDIAN GAMING 105844.00 000 105,844.00 0.000%__. LIGHTING & LANDSCAPING REVENUE: Assessment 964,219.00 25,180.83 939,038.17 2,610% Developer 0.00 0.00 0.00 0,000% Interest 0.00 0.00 ODD 0000% TOTAL LIGHTING S LANDSCAPING 964219.00 2518083 939,038.17 2.610% RCTC RCTC Funding 0.00 0.DO 0.00 0000% Transfer in 000 0.00 0.00 0.000% ' TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0,00 0.00 0,00 0AW% Interest 0.00 0.00 0,00 0CW% Transfer in 0.00 000 0.00 0000% TOTAL DEV AGREEMENT 0,00 000 0.00 0000% CRIME VIOLENT TASK FORCE Member Contribution- Carryover 0,00 0.00 0.00 0000% Grant revenue -JAIB 0.00 0.00 0.00 0.000% CLET Line 0.00 0,00 0.00 0.000% Asset Forfeiture -State, Adjudicated - 0.00 0,00 0,00 0,000% Interest 0.00 0.00 000 0000% TOTAL CRIME VIOLENT TASK FORCE 0,00 0.00 0.00 0.000% AS 939 REVENUE: AS 939 Fees OAO 0,00 0.00 0"% Interest 4,300,00 (2,304.89) 6,604,89 -53.600% Transfer In 0.00 0 00 000 0.000% TOTAL AS 939 --a 048 0710112DII-1113012011 CITY OF LA OUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 30,00 0.00 0.0 30,000.00 0,000%0% Donations 0.00 000 ) 0.00 0.000% Interest 2000000 (17497.68) 37497,68 -87.490% TOTAL QUIMBY 50000,00 (17,497.68) 57,491.68 -35000% INFRASTRUCTURE REVENUE: Utility refund 0,00 0.00 0.00 0.000% Interest 100,00 (785.50) 885.50 -785.500% Transferin 0.00 0.00 000 0.010 TOTAL INFRASTRUCTURE 100.00 f785.50) 885.50 -785,500% PROPOSITION 1B-SB1266 Prop 1 B Grant 0.00 0.00 0.00 0.000% Interest 0.00 0.w 0,00 0.000% TOTAL PROPOSITION 1 B SOUTH COAST AIR QUALITY REVENUE: S.C.A,Q. ConViDution 40,000.00 (2,446.93) 42,446.93 .6.120% MSRC Funding 25, 368.00 0.00 25,36800 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 20000 (166.69) 3 Ei) -83350% TOTALSCAQ 6556800 (2,613.62) 68,181,62 -3.990% CMAQIISTEA State Grants 416.026.00 199.246.68 216,779.32 47A90% Interest - 0,00 0,00 0,00 0.000% Transferin 0.00 0.00 0.00 0,000% TOTAL TRANSPORTATION 416026.00 198246.68 216,779.32 47,890% TRANSPORTATION Developer fees 441,500.00 19,30000 422,200.00. 4.370% Interest 1800.00 (7.891.97) 9,691.97 438440% Donations 80,000.00 000 80,000.00 0.000% Transferin 0.00 0.00 000 0.000% TOTAL TRANSPORTATION 523300.00 11,408.03 511,891.97 2,180% PARKS 6 RECREATION Developer fees 89,200.00 8,920.00 80,280.00 10.000% . Interest 0.00 000 0.00 0.000% Transferin 0.00 0,00 0.00 0.000% TOTAL PARKS d RECREATION 89,200.00 8,920.00 80,280.00 10.000% CIVIC CENTER Developer fees 127,600,00 9,950.00 117,650.00 7.800% Interest 000 0,00 0.00 0,000% Transfer in 0.00 000 0.00 0000% TOTAL CIVIC CENTER 127600.00 9950.00 117,650.00 _7.800% LIBRARY DEVELOPMENT Developer fees 35,500,00 3,550,00 31,950,00 10000% Interest 0,00 0,00 0.00 0,000% Transferin 0.00 0,00 0.00 0,000% TOTAL LIBRARY DEVELOPMENT 35,M000 3,55000 3195000 10000% COMMUNITY CENTER Developer fees 7,400,00 740.00 6.660.00 10.000% Interest 590000 (227128) 8171,28 -38.500% TOTAL COMMUNITY CENTER 13300.00 (1531.28) 14,83128 -11.510% k 049 11 O710112011 .1113013011 CRY OF LA OUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees 17,800.00 670,00 17,130. DO 3.760% Interest 0.DO 0,00 0.00 0.000% Transferin 2,200.00 110.17 2,089,83 5.010% TOTAL STREET FACILITY 20000.00 780.17 19,219.83 3WU% PARK FACILITY Developer fees 2,200.00 220.00 1980.00 10.000% Interest 000 (014) 0.14 0.000% TOTAL PARK FACILITY 2,200.00 219.86 1,980.14 9.990% FIRE PROTECTION FACILITY Developer fees - 29,800.00 1,400.00 28,40000 4700% Interest 0.00 0.00 0,00 0000% TOTAL FIRE PROTECTION FACILITY 29 800.00 1,400.00 28,400.00 - 4 700% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97.500,00 13,OC6.72 B9,493.28 8.210% Arts in Public Places Credits Applied 0.00 0.00 0.00 0O00% Insurance Recoveries 0.00 0.00 0,00 0.000% Donations 0D0 0,00 0,00 0.000% Interest 230000 (168062) 3980.62 -73.070% TOTAL ARTS IN PUBLIC PLACES 99800.00 63MAO 93,473.90 6.340% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 187,357,71 (167.357,71) 0AW% Transfer In 000 0,00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 187357,71 (187,35771) 0.000% M p50 0 CRY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL 07101/2011-1113012011 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL GIP REVENUE 2.674.622.00 118,302.25 2,556.319.75 4,420% 0.00 0,00 0.00 0,000% 0.00 O.W 0.00 0.000% 20,292,59400 1,212,377.52 19,080,216AS 5.970% 0.00 0,00 0.00 DWO% 0.00 0,00 0.00 D(X10% 0.GO 0,00 0.00 0,000% 0.00 0.00 0.00 0.WO% D.W 0,00 000 0.000% 0.00 000 O. W 0.000% 0.00 0.00 O.W 0.000% 0,00 0,00 000 0.000% 620,959.00 101702.00 519,25TW 16,380% 000 0.00 0,00 0.000% 84074 W9.W 4.599,733,32 79,475,13568 5470% 107,663,044.00 6,032,11509 101630,928. 91 32.240% EQUIPMENT REPLACEMENT FUND: Equipment Charges 589.338.W 589,338.00 0.00 100,000% Capital Contribution 0,00 0.W 0.00 0.0)0% Sale of Fixed Asset 0,00 000 0.00 0,000% Insurance Recoveries 0,00 000 0.00 0,000% Interest 6,100.00 IS 250.48) 9,350.48 -53.290% Transfers In 25,368,00 0.00 25,368,00 O.ODO% TOTAL EQUIPMENT REPLACEMENT 620,806.00 586.087.52 34,718,48 94.410% INFORMA71ON TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECH PARK EQUIPMENT S FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT S FAC SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food S Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 485.522.00 485.52165 0.35 100.000% 0.00 0,00 0.00 0.000% 0.00 0,00 O.W 0.000% 3,8W 00 (1,98971) 5,789.71 52.360% 0.00 0,00 0.00 0,000% 489,322.W 483.53194 5,790.06 98A20% 0,00 ow 0.00 0.000% 2,7WW (1,406,65) 4,106.65-52.100% O.W 0.00 0.00 0,000% 2,7W.00 (1,406.65) 4,106.65-52.100% 3,326.983.00 686,806,45 2,640,176.55 20.640% 140.945.00 19, 386.00 121 559.00 13.750%" 40.OW.00 29,460.84 10,539A6 73650% 321,663.00 71, 772.13 249,890.87 22.310% 12.1W.00 0.00 12.0 Clf) 0.0W% 0,00 0,00 000 0,000% 0.00 OW 0,00 O.WO% 3841591.00 807,425.42 3.034,16558 21,020% 1.800,00 (601.30) 2,401.30 �33.410% 66540.00 0.00 66540.130 0.000% 61 1601.30) 61 -0.880% 2,1�1,00 2.00000 0.00 100.OW% - 100.00 (48.25) 148,25 48.250% 2,10000 195176 148.25 92.940% SUPPLEMENTAL PENSION SAVINGS PLAN Contributions 2W,054.00 200,054.00 0,00 100.OW% Interest 900.00 0 W 900 W 0,000% TOTAL SUPPLE PENSION SAVINGS PLAN 2W954.W 200054.W 900.00 99.550% Ill, 051 i CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 11130/11 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE 0.00 0,00 0.00 0.00 CAPITAL PURCHASES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1 776,094.00 873,223.00 0,00 902,871 00 TRANSFER OUT o.W DDD TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 0,00 0,00 0.00 0.00 REIMBURSE GENERAL FUND 994,900,00 414, 540.00 0,00 SBg360.00 TRANSFER OUT 0.00 0.00 0,00 O.W TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 145833.00 0.00 145,833.W TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT '. TOTAL JAG GRANT 61,181.00 0,00 0.00 61.181.W SLESF (COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 100,000.00 O.W 0.00 1W,000.00 INDIAN GAMING FUND TRANSFER OUT 105,944.00 0.00 0,00 105844.00 - TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 1,002.9%W 417,915.00 0.00 585,081.00 TRANSFER OUT 000 0,00 0.00 0.00 TOTAL LTGA.ANDSCAPING FUND RCTC TRANSFER OUT 0.00 0.00 0,00 0.00 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0,00 000 0.00 0.00 REIMBURSE GENERAL FUND 000 0.00 0.00 000 TRANSFER OUT O.W 0,00 000 000 TOTAL DEV AGREEMENT FUND aw CRIME VIOLENT TASK FORCE OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0 W 0,00 0,00 0,00 TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES 54,725.00 9,659.29 2,000.00 43,065.71 REIMBURSE GENERAL FUND 71,580,00 29.825.00 0,00 41,755.W TRANSFER OUT 68656.00 63.187,94 O.W 5,468,06 TOTAL AS 938 QUIMBY FUND: FEASIBILITY STUDY 0.00 0.00 0.00 000 REIMBURSE DEVELOPER FEES 000 0,00 0.00 0,00 TRANSFER OUT 6,444, 543.W 127,91645 0,00 8,316,626S5 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0,00 0,00 REIMBURSE GENERAL FUND 0. W 0.00 0.00 0,00 TRANSFER OUT - 393,074.00 0.00 0.00 393,074.00 TOTAL INFRASTRUCTURE 0,00 OOG PROPOSITION 18 - SB 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 351,623.00 39,762,07 • 000 311,860.93 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 40,200.00 (2,446.93) 000 42646.93 TRANSFER OUT 25368.00 000 OW 25068.W TOTAL SOUTH COAST AIR QUALITY CMAG PROJECT EXPENDITURES 0,00 0.00 O.W D.W TRANSFER OUT 416,026.00 199246.68 O.W 2167]9.32 - TOTAL CMAQ_ ___-, TRANSPORTATION PROGRAM COSTS 000 22,339,02 0.00 (22,339.02) CONTRIBUTION O.W O.W 0,00 0,00 TRANSFER OUT 4,078,612.00 520,446.20 O.W 3,55816580 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 7, 100.00 1.945,50 0.00 5,154.50 TRANSFER OUT 0.00 0,00 000 0,00 TOTAL PARKS S RECREATION CIVIC CENTER SERVICES D.W 0.00 0.00 0.00 INTEREST ON ADVANCE 35,000.00 10,033,76 0.00 24,966,24 REIMBURSE GENERAL FUND 202,056.00 84, 190.00 000 117,866.00 TRANSFER OUT OW 0,00 0,00 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0,00 000 0.00 O.W INTEREST ON ADVANCE 9,800.W 2,750.28 0,00 7,04972 TRANSFER OUT OCO 0.00 0,00 0.00 TOTAL LIBRARY DEVELOPMENT w JZ 11 CRY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 11/30/11 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0 uo 0,00 000 STREET FACILITY PROGRAM COSTS 0.00 000 0.00 0.00 INTEREST ON ADVANCE 1000000 2,887.89 0.00 7,112.11 TRANSFER OUT 0.00 0,00 0.00 0.00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 2,200.00- 110.17 000 208983 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 4,700.00 1,321.78 0.00 3,378.22 TRANSFER OUT 0.00 000 000 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20,00000 8,084.60 0.00 11,915.40 OPERATING EXPENSES-APP 4,700.00 844.05 0,00 3.855,95 ART PURCHASES 111,500.00 13,025,00 0.00 9847500 TRANSFER OUT 400000.00 000 0.00 400,000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 106,884 684 00 6,010,87529 1.479,195,02 99,394,613.69 PROJECT REIMBURSEMENTS TO GEN FUND 778,360.00 21,239.80 0,00 757,120.20 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 415, 386.00 80,431.67 0,00 33Q954.33 DEPRECIATION EXPENSES 173, 953.00 0.00 0.00 173,953C0 CAPITAL PURCHASES 0.00 Coo 0.00 0,00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 351,253.00 150.273.04 0.00 200,979 % DEPRECIATION EXPENSES u 101.00 0.00 0.00 84,101.00 CAPITAL PURCHASES 83,000.00 33877.53 0.00 49'224' TOTAL INFORMATION TECHNOLOGY PARK MAINTENANCE FACILITY OPERATING EXPENSES 50,000.00 9.840.04 000 40,159.96 DEPRECIATION EXPENSES 432234.00 0,00 0.00 432,234.00 CAPITAL PURCHASES 0.00 0.00 0.00 0,00 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 3,766,56800 1,407,624. 82 0.00 2,358,943.18 TRANSFER OUT 66,540.00 0.00 0.00 56,540.00 TOTAL SILVERROCK GOLF _ SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 000 0.00 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY '2000.00 0.00 0A0 2,0D0.00 SUPPLEMENTAL PENSION SAVINGS PLAN CONTRACT SERVICE TOTAL SUPPLE PENSION SAVINGS PLAN 12,83300 12,832.86 0.00 0.14 Q53 12 City of La Quinta Quarterly Investment Summary - Footnote 1 December 31, 2011 City Investments Issuer of Investment T-Bill Ricoh Finanace Commercial Paper Union Bank Commercial Paper FirstBank CD . One West Bank CD Bank of Southern California Rabobank Interest Bearing Active Bank Deposit Less % Attributable to RDA Less % Attributable to Housing Authority Less % Attributable to Financing Authority Total City Pooled Investments Maturity . Date 11/30/2012 11/13/2012 11/17/2012 8/9/2012 8/16/2012 6/23/2012 Next Day Nnvf rhv Par Value 30,000,000 5,000,000 2,000,000 240,000 244,000 240,000 39,563,950 Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account , Housing Program account or petty cash account. Market Value is based upon most current information available. I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New.Vork Mon ly Custodian Report to deter ine the fair market value of investments at month end 30,096,000 4,999,3! 1,999,61 244,022 248,121 241,106 39,563,950 nPr✓ (�0 20 f 2._ . John M. Falconer - .. - - -: Date I. Finkce Director/Treasurer Amortized Cost 29,670,187 4,999,546 1,999,863 240,000 244,000 240,000 39,563,950 (24,602,255) (1,525,073) 7,505 $89,988,707 L Tar ^F lwQ" COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Acceptance of Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09, as 100% complete; authorize the City Clerk to file a notice of completion with the Office of the County Recorder; and authorize staff to release - retention in the amount of $32,680, thirty-five (35) days after the notice of completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 420,671 Total Design Costs ($ 25,000) Total Inspection, Testing, Survey & Plan Costs ($ 10,500) Total IID Power Connection Costs $ 2,500 Revised Project Budget Amount Available $ 382,671 Revised Contract Amount ($ 326,801) Project Budget Amount Remaining After Construction Efforts $ 55,870 Original Construction Contract Amount $ 294,000 Contract Change Orders No. 1-4 $ 30,713 Contract Quantity Change Order No. 5 $ 2,088 New Contract Total $ 326,801 Amount Paid to Contractor to Date ($ 268,885) Total Remaining Fiscal Commitment to Contractor $ 57,916 Total Retention to be Released ($ 32,680) Contract Amount Remaining to be Billed by Contractor $ 25,236 Adequate funding is available to pay the contractor's remaining billing ($25,236) and 055 retention ($32,680) for project closeout. CHARTER CITY IMPLICATIONS: The project was funded by RDA Project Area funds. Therefore, the project was advertised as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The improvements at Washington Street and Eisenhower Drive included a dedicated right turn lane from southbound Washington Street onto westbound Eisenhower Drive, including new curb and gutter, new meandering sidewalk and handicap access ramp, signal modification, and new signing and striping. (Attachment 1) Construction of these improvements required a minor right-of-way dedication from the Laguna de la Paz Home Owners Association (HOA). Additional left turn lane improvements were proposed to be constructed at the intersection of Washington Street and Calle Tampico. (See also Attachment 1) The additional improvements modified the intersection to allow for an additional left turn lane from eastbound Calle Tampico to northbound Washington Street, and included modifications to the traffic signal, median curb, and signing and striping. Due to the similar scope and nature of these projects, as well as the future turn lanes at Avenue 48 and Washington Street, the projects were combined into one engineering effort in an attempt to realize economies of scale cost savings. The three projects were originally intended to be part of one construction project, but Avenue 48 and Washington was separated out due to RDA funding and right of way issues. On April 20, 2010, the City Council adopted a resolution approving the Fiscal Year 2010/2011 through 2014/2015 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a), and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the CIP. The Washington Street Dedicated Right Turn Lane at Eisenhower Drive Project is included within the adopted CIP and scheduled for funding during Fiscal Year 2010/2011. On March 1, 2011, the City Council appropriated unspent Proposition 1 B funds for use on the Washington Street Dual Left Turn Lanes at Avenue 48 and the Washington Street Dedicated Right Turn Lane at Eisenhower Drive Projects, and approved Amendment No. 1 to the Professional Services Agreement (PSA) with Albert A. Webb Associates for additional engineering services to modify the signal and raised median at the intersection of Washington Street and Calle Tampico. N 056 Lee & Stires, Inc. was awarded the contract to complete the work following competitive bidding. The project was deemed substantially complete on December 9, 2011. As per project specifications Section 1500-3.2, no liquidated damages or early completion incentives are recommended. Contract change orders nos. 1-4 were issued to allow for the relocation of conflicting irrigation lines, relocation of traffic signal controllers, installation of a new traffic signal head, and the installation of sod and decomposed granite (DG) in lieu of grass seed to expedite and improve the restoration of the disturbed existing landscape. Contract change order no. 5 was issued to allow for a contract quantity adjustment between the bid quantities and the actual quantities installed. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the notice of completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a notice of completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09 as 100% complete; authorize the City Clerk to file a notice of completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $32,680, thirty-five (35) days after the notice of completion is recorded; or 2. Do not accept Washington Street Improvements at Eisenhower Drive and Calle Tampico, Project No. 2010-09 as 100% complete; do not authorize the City Clerk to file a notice of completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $32,680, thirty-five (35) days after the notice of completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, 1ub othy Jo a son, P.Elic Works rector/City Engineer n .. 057 Approved for submission by: k"�-- X2 �- Mark Weiss, Interim City Manager Attachment: 1. Vicinity Map 11 058 ATTACHMENT 1 �ry.W�wefy w l r z AVENUE 48 PfQJE�T rri' o LA .dUJN7A 0 W I z - - CALLS TAMPICO. VICINITY MAP NTS AGENDA CATEGORY: COUNCILIRDA MEETING DATE: January 17, 2012 _ ITEM TITLE: Approval to Excuse Committee Member BUSINESS SESSION:5 Richard Gray's Absence from the January 4, 2012, CONSENT CALENDAR: — Architectural and Landscaping Review Committee STUDY SESSION: Meeting — PUBLIC HEARING: RECOMMENDATION: Approve a request from Committee Member Richard Gray to be excused from attending the January 4, 2012, Architectural and Landscaping Review Committee (ALRC) meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the limitations on absences. Staff has discussed this section with all Commissions and in response, Committee Member Gray notified staff, prior to the meeting, that he would be out of the country and would be unable to attend the January 4, 2012 Architectural and p_.060 Landscaping Review Committee meeting (Attachment 1). He has requested the City Council excuse him, after -the -fact, from that meeting. Committee Member Gray has stated that he will be out of the country for three months and unable to attend any meetings until February 29, 2012. Staff previously requested approval to excuse Committee Member Gray from the December meeting, and is now seeing approval to excuse his attendance from the January meeting (Attachment 2). Staff does not anticipate there will be any further conflict with his attendance of any additional meetings between now and his expected return. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Committee Member Gray's request to be excused from the January 4, 2012, Architectural and Landscaping Committee meeting; or 2. Deny Committee Member Gray's request; or 3. Provide staff with alternative direction. Respectfully Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Committee Member Gray 2. Council Report from December 20, 2011 1 061 ATTACHMENT 1 Carolyn Walker r. From Ricardo "Gray <ricardogrW@hotmall com> 'Sent Thursday, November 17, 20111TSg PM . To: Les Johnson: Carolyn Walker subject ALRC - Richard Gray on 3 month vacation Dear Friends, This email is to let you know that I will be in Rio de Janeiro, Brazil; for 3'months Dec l thru Feb 29. My wife and I are going to help our daughter with her soon -to -be -born new baby. This is her first child. Fortunately everything seems. to be going well for her, but she's 3.7 and' we're all anxious to help! She and her. husband do not have any family in Rio, so my wife and I hope to make these first'months easier on her, an the new father; and on the new•grandchild. .I am also concerned. about my obligations with the Architecture..and LandscapeAeview Committee.. Unfortunately, we haven't had any meetings since my appointment this year. I would very much like to'continue with the ALRC, but I also da not want our personai.affairs to cause any difficulties for the committee. As a result, I would like to request permission to miss. any meetings during these 3 months. But, I will understand perfectly if the .city council decides on getting a replacement. In orderto avoid arty more delays; thecouncil may usethis letter as a resignation if they so choose..., Please let me know if you need anythingelse from me. My home phone is 7600.610-5546. The best way fo contact me after Nov 30th is by email to ricardogray@hotmail.com: Thanks, Richard &ray &rolvn Walker F oerk ' Ricardo Gray <rkardogray@hotmailxom>: Sent Monday, Deoembs� 05, 201180 AM To:Mordka Radeva; krncCUne@dcrrcorYr kem711@yahoomm; rroolosr@duemm u; Carolyn Walker Subject RE: ALRC Meeting -Wed, Dec 7; 2011- Rescheduled for per 14, 2011 ' Dear Friends, . My wife and I are now in Rio de Janeiro with our :daughter who is wrymady to.have he first baby.:.We will be here for 3. months, returning Feb 29th. Please request permission for me to miss this upcoming. meeting on Dec 14 of the ALRC. Thanks, p 062 ATTACHMENT 2 7Z "r ot 4V AGENDA CATEGORY: COUNCH✓RDAMEETING DATE: December 20, 2011 BUSINESS SESSION: ITEM TITLE: Approval to Excuse Committee Member Richard Gray's Absencesfrom the December 14, CONSENT CALENDAR: 10 2011, Architectural and Landscaping Review STUDY SESSION: Committee Meeting — PUBLIC HEARING: RECOMMENDATION: Approve a request from Committee Member Richard Gray to be excused from attending the December 14, .2011, Architectural and Landscaping ,Review Committee (ALRC) meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The. La Quinta Municipal Code, Section 2.06.020(8) includes the statement: A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the limitations on absences. Staff has discussed this section with all Commissions and in response, Committee Member Gray notified staff, prior to the meeting, that he would be out of the country and would be unable to attend the December 14, 2011 Architectural and i :p.'. 063 Landscaping Review Committee meeting_ (Attachment 1). He has requested the City Council excuse him, after -the -fact, from that meeting. Committee Member Gray has stated that he will be out of, the country for three months and unable to attend any meetings until February 29, 2012. Staff seeks approval to grant Committee. Member Gray's excuse from the December meeting, only, at this time. Staff will bring this item forward on a case - by -case basis for any additional meetings he might be unable to attend between now and his expected return. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Committee Member Gray's request to be. excused from the December 14, 2011, Architectural and Landscaping Committee meeting; or 2. Deny Committee Member Gray's request or 3. Provide staff'with alternative direction. Respectfully shbmitted, John n, Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Committee Member Gray �.. 064 T-af 4 4 a" COUNCIL/RDA MEETING DATE: December 6, 2010 AGENDA CATEGORY: ITEM TITLE: Approval t0 EXCUSe Commissioner Mark BUSINESS SESSION: Weber's Absence from the January 10, 2012 Planning CONSENT CALENDAR: Commission Meeting STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a request from Commissioner Mark Weber to be excused from attending the January 10, 2012 Planning Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "If a member absents him or herself from ...scheduled meetings ... (a) board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the ... limitations on absences." 11 065 Staff has discussed this section with all Commissions and in response, Planning Commissioner Weber notified staff, just prior to the meeting, that he would be unable to attend the January 10, 2012, Planning Commission meeting. He has requested the City Council excuse him, after -the -fact, from that meeting. The request is being made as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from Commissioner Mark Weber to be excused from attending the January 10, 2012, Planning Commission meeting; or 2. Deny Commissioner Weber's request; or 3. Provide staff with alternative direction. Respectfully nning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Commissioner Weber 066 ATTACHMENT 1 Carolyn Walker From: Mark Weber <markdweber@live.com> Sent: Monday, January 09, 2012 3:33 PM To: Ed Alderson Cc: Carolyn Walker Subject: Out of town on business Unfortunately, I'm out of town on CV Enterprise Zone business this week and won't make the PC meeting tomorrow. I received the mtg package and am reviewing it to keep abreast of the current items/issues. Please request an approved absence for me from the Commission and Council. Regards, Mark Mark Weber Manager Coachella Valley Enterprise Zone Authority 45-125 Smurr Street, Suite A Indio, CA 92201 "It's another beautiful day in the Coachella Valley!" Visit us at www.cveza.org Enterprise Zones = Jobs 4�1 067 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Approval of an Agreement with Wildan Financial Services to Provide Continuing Disclosure Services for the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of an Agreement with Willdan Financial Services to provide Continuing Disclosure Services for the City of La Quinta FISCAL IMPLICATIONS: The base fee of $1,000 for each report remains unchanged from the prior contract entered into in September 1996. The costs will have to be budgeted for annually until the bond issue is retired. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2-12. p C68 2. File certain financial information and operating data with national and state repositories each year. 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. In September 1996, the La Quinta Redevelopment Agency entered into a contract with at that time MuniFinancial and now Willdan Financial Services to provide the aforementioned annual reports. With the dissolution of the La Quinta Redevelopment Agency (RDA) by February 1, 2012, staff is requesting that the successor agency for the RDA non -housing activities, in this case the City enter into this contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the agreement with Willdan Financial Services to provide Continuing Disclosure Services for the City of La Quinta; or 2. Do not approve the agreement with Willdan Financial Services to provide Continuing Disclosure Services for the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Agreement for Professional Services w 069 A 1 1 Al.rlivirim 1 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 17th day of January 2012, by and between Willdan Financial Services, a corporation, and City of La Quinta, hereinafter referred to as "Client." WHEREAS, Client desires to employ Willdan Financial Services to furnish ongoing professional services in connection with Continuing Disclosure Services, hereinafter referred to as the "Project." NOW, THEREFORE, in consideration of the mutual premises, covenants and conditions herein contained, the parties agree as follows: SECTION I - BASIC SERVICES Willdan Financial Services shall provide to the Client the basic services described in detail in Exhibit "A," Scope of Services, attached hereto and incorporated herein by this reference. SECTION II - ADDITIONAL SERVICES If authorized, Willdan Financial Services shall furnish additional services, which are in addition to the basic services. To the extent that the additional services have been identified in this Agreement, they are itemized in Exhibit "A" and will be paid for by Client as indicated in Section III hereof. As further additional services are requested by Client, this Agreement may be modified and subject to mutual consent by execution of an addendum by authorized representatives of both parties, setting forth the additional scope of services to be performed, the performance time schedule and the compensation for such services. SECTION III - COMPENSATION Willdan Financial Services shall be compensated for basic services rendered under Section I, as in accordance with the terms and conditions indicated in Exhibit "B," Fees for Services; and Willdan Financial Services will be compensated for any additional services rendered under Section'll as more particularly described in a fully approved and executed addendum to this Agreement. If no addendum is executed, then Willdan Financial Services shall be compensated at its then -prevailing hourly rates for such additional services. Willdan Financial Services may submit monthly statements for basic and additional services rendered. It is intended that Client will make payments to Willdan Financial Services within thirty (30) days of invoice. All invoices not paid within thirty (30) days shall bear interest at the rate of 1-1/2 percent per month or the then legal rate allowed. Willdan Financial Services Page 1 City of La Quinta N 010 SECTION IV — INDEMNITY; INSURANCE REQUIRED A. Indemnity. Willdan Financial Services shall indemnify and hold harmless Client, its officers, officials, directors, employees, designated agents, and appointed volunteers from and against all claims, damages, losses and expenses, including attorney fees, arising out of the performance of the services described herein, caused in whole or in part by the negligent acts, errors or omissions of Willdan Financial Services, any subconsultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence or willful misconduct of Client or Client's officers, agents or employees. B. Insurance. Without in any way limiting Willdan Financial Services' liability pursuant to the indemnification described above, Willdan Financial Services shall maintain, during the term of this contract, the following insurance: Coverage General Liability Comprehensive General Liability, including: Premises and Operations Contractual Liability Personal -Injury Liability Independent Contractors Liability (if applicable) Automobile Liability Comprehensive Automobile Liability, (including owned, non -owned and hired autos) Workers' Compensation and Employer's Liability Workers' Compensation Insurance Employer's Liability Professional Liability Professional Liability Insurance Willdan Financial Services Minimum Limits $1,000,000 Combined Single Limit, per occurrence and general aggregate $1,000,000 Combined Single Limit, per occurrence Statutory, $1,000,000 $1,000,000 per claim and annual aggregate Page 2 City of La Quinta 071 SECTION V - INDEPENDENT CONTRACTOR STATUS Willdan Financial Services shall be an independent contractor and shall have responsibility for and control over the details and means of providing the services under this Agreement. SECTION VI - OWNERSHIP AND MAINTENANCE OF DOCUMENTS Willdan Financial Services may rely upon the accuracy of any documents provided to Willdan Financial Services by Client. All documents, including without limitation, reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates, schedules, spreadsheets, or other documents furnished by Willdan Financial Services pursuant to this Agreement, regardless of media (e.g., paper, electronic, magnetic, optical, Mylar, etc.), are instruments of Willdan Financial Services' services in respect to this Project and not products. All such documents shall remain the property of Willdan Financial Services, provided, however, a copy of the final documents shall be made available to Client upon request. These documents are not intended nor represented to be suitable for reuse by Client or any others on extensions of this Project or on any other project. These documents shall not be changed or reused without the prior written consent of Willdan Financial Services. Any modification or reuse without specific written verification and adoption by Willdan Financial Services for the specific purposes intended will be at users sole risk. Client agrees to save, keep and hold harmless Willdan Financial Services from all damages, costs or expenses in law and equity including costs of suit and attorneys' fees resulting from such unauthorized reuse. Client further agrees to compensate Willdan Financial Services for any time spent or expenses incurred by Willdan Financial Services in defense of any such claim, in accordance with Willdan Financial Services' prevailing fee schedule. Client acknowledges that its right to utilize the services and instruments of services of Willdan Financial Services will continue only so long as Client is not in default of the terms and conditions of this agreement and Client has performed all obligations under this agreement. Client further acknowledges that Willdan.Financial Services has the unrestricted right to use the services provided pursuant to this agreement as well as all instruments of service provided pursuant to this agreement. Client agrees not to use or permit any other person to use any instruments of service prepared by Willdan Financial Services, which are not final and which Willdan Financial Services does not sign. Client agrees to be liable for any such use of non -final instruments of service not signed, stamped or sealed by Willdan Financial Services and waives liability against Willdan Financial Services for their use. Willdan Financial Services' records, documents, calculations, test information and all other instruments of service shall be kept on file in legible form for a period of not less than two years after completion of the services covered in this Agreement. Willdan Financial Services Page 3 Cityo(La Quinta 072 SECTION VII - SUSPENSION OF SERVICES Client may, at any time, by thirty (30) days written notice, suspend further performance by Willdan Financial Services. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Willdan Financial Services shall be paid for all services performed and reimbursable expenses incurred prior to the suspensions date. SECTION VIII - TERMINATION Either party may terminate this Agreement at any time by giving thirty (30) days' written notice to the other party of such termination. If this Agreement is terminated as provided herein, Willdan Financial Services will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of Willdan Financial Services covered by this Agreement, less payments of compensation previously made. SECTION IX - COMPLIANCE WITH LAW Each party hereto will use reasonable care to comply with applicable laws in effect at the time the services are performed hereunder, which to the best of their knowledge, information and belief apply to their respective obligations under this Agreement. SECTION X - SUCCESSORS AND ASSIGNS This Agreement shall be binding on the successors and assigns of the parties, but either party, without written consent of the other party, shall not assign it. SECTION XI - ATTORNEYS FEES In the event that any judgment is entered in any action upon this Agreement, the party hereto against whom such judgment is rendered agrees to pay the amount equal to the reasonable attorneys fees of the prevailing party in such action and that such amount may be added to and made a part of such judgment. SECTION XII - ALTERNATIVE DISPUTE RESOLUTION If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to either party pursuing other available remedies: A. A meeting shall be held promptly between the parties, attended by individuals with decision - making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. Willdan Financial Services Page 4 Cityo/La Quinta If ,, 013 B. If, within thirty (30) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the parties (the "neutral'), seeking assistance in such regard if they have been unable to agree upon such appointment within forty (40) days from the initial meeting. The parties shall share the fees of the neutral equally. C. In consultation with the neutral, the parties will select or devise an alternative dispute resolution procedure ("ADR") by which they will attempt to resolve the dispute, and a time and place for the ADR to be held, with the neutral making the decision as to the procedure, and/or place and time (but unless circumstances require otherwise, not later than sixty (60) days after selection of the neutral) if the parties have been unable to agree on any of such matters within twenty (20) days after initial consultation with the neutral. D. The parties agree to participate in good faith in the ADR to its conclusion as designated by the neutral. If the parties are not successful in resolving the dispute through the ADR, then the parties may agree to submit the matter to binding arbitration or a private adjudicator, or either party may seek an adjudicated resolution through the appropriate court. SECTION XIII - RECORDS Records of Willdan Financial Services' direct labor costs, payroll costs and reimbursable expenses pertaining to the Project covered by this Agreement will be kept on a generally recognized accounting basis and made available during normal business hours upon reasonable notice. Willdan Financial Services' records will be available for examination and audit if and as required. SECTION XIV - MISCELLANEOUS PROVISIONS This Agreement is subject to the following special provisions: A. The titles used in this Agreement are for general reference only and are not a part of the Agreement. B. This Agreement shall be interpreted as though prepared by both parties. C. Any provision of this Agreement held to violate any law shall be deemed void, and all remaining provisions shall continue in full force and effect. D. This Agreement shall be interpreted under the laws of the State of California. E. This Agreement comprises a final and complete repository of the understandings between the parties and supersedes all prior or contemporary communications, representations or agreements, whether oral or written, relating to the subject matter of this Agreement. Willdan Financial Services Page 5 City ofLa Quinta N , 014 F. Any notices given pursuant to this agreement shall be effective on the third business day after posting by first class mail, postage prepaid, to the address appearing immediately after the signatures below. G. Willdan Financial Services shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. H. Willdan Financial Services' waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any subsequent breach of any other term, condition or covenant. I. Client acknowledges that Willdan Financial Services is not responsible for the performance of services by third parties, provided that said Willdan Financial Services has not retained third parties. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written. Willdan Financial Services City of La Quinta By: By: Anne C. Pelej Mark Weiss Title: Vice President & Group Manager Title: Interim City Manager Address: 27368 Via Industria, Suite 110 Address: 78495 Calle Tampico Temecula, California 92590 La Quinta, CA 92253 Date: Date: Willdan Financial Services Page 6 City of La Quinta 075 EXHIBIT A: SCOPE OF SERVICES mom Collect bond documents relating to the debt issue including the official statement, financial statements and annual reports. Document Collection 11 Cottect third -party data and other information required to be induded in the Annual Financial Information Statement directly from trustees, fiscal agents, state and county agencies and others. Document Review Reviewthe information for accuracy, materiality and appropriateness. File Set Up Load bond issues into Willdan Financial Services' proprietary tracking system. Work Plan Discussion Provide advice and direction on inclusion and presentation of the information in the Annual Financial Information Statement. Supply certain financial and operating information to perform the necessary due diligence on the Client Responsibilities bonds. This information will include, but may not be limited to, the Adopted Budget, Audited Financial Statements, and current fund balances. Deliverable Create a draft of the Annual Financial Information Statement for review. Work Product Discussion Discuss any relevant issues regarding the report and address questions. Deliverable 'Finalize the Annual Financial Information Statement, including as necessary, arranging for electronic 'and paper reproduction and distribution. - Publication Disseminate completed and approved 'reports toEMMA. Publication Posttwmpleted and approved reportson the Wifiden Financial Services website at www.Wildan.com. Deliverable Prepare Notices of Significant Events covering events enumerated in Rule 15c2-12(b), Deliverable Prepare Supplemental Reports in the event the Annual Financial Information Statement is not approved and signed prior to 10.days before the filing date. Investor Support Assist with{requests for information from investors and other market participants. Procedural. Support Assist with new debt issues by reviewing draft disclosure documents. Willdan Financial Services Page 7 City of La Quinta " 076 EXHIBIT B: FEES FOR SERVICES Base Annual Report Fee: . + Tax Allocation Bonds $1,000 Incremental fee per, parity bond $750' Notice of Occurrence. of Listed Event (preparation and dissemination) $100 Annual Third party Expenses At Cost bissemiriation for reports andfinaricials included Willdan Financial Services Page B City of La Quinta rr 077 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Approval to Provide Accounting Services for the Coachella Valley Violent Gang Task Force AGENDA CATEGORY: BUSINESS SESSION: _Q CONSENT CALENDAR: CJ STUDY SESSION: _ PUBLIC HEARING: Approval to Provide Accounting Services for the Coachella Valley Violent Gang Task Force (CVVGTF). FISCAL IMPLICATIONS: Staff time of $1,500 per year is estimated to: (1) process transactions, (2) prepare quarterly grant reimbursement requests, and (3) prepare a monthly revenue and expenditure report for the Board. No additional appropriations are anticipated through this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City joined the Task Force in 2001, which was formed to address gang related activity on a multi -jurisdictional basis. The salaries of the individuals on the task force are paid for by the jurisdiction they represent; however, other expenses such as office supplies, rent, utilities, special training and special equipment are paid through grants obtained by the County for the Task Force or through other member contributions. �E' The County has asked the City to commence providing these services beginning January 1, 2012 (Attachment 1) and will bring forward to the County Board of Supervisors an operational agreement in the near future, for which staff is asking City Council approval, subject to the City Attorney's review. Services for this agreement would consist of depositing and tracking revenues and processing invoices approved by the Task Force, preparing grant reimbursement claims and preparing financial reports. In addition, the City allocates quarterly interest income to the Task Force based upon invested cash balances. The City has previously performed these services in Fiscal Year 2002/2003, 2006/2007, and 2007/2008. Other cities have alternately provided such services in the past on a rotational basis. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the preparation of accounting services for the Coachella Valley Violent Gang Task Force and the approval of a future operational agreement wit the County of Riverside, subject to review by the City Attorney; or 2. Do not approve the preparation of accounting services for the Coachella Valley Violent Gang Task Force; or 3. Provide staff with alternative direction. Respectfully submitted, 34-rr� / 4", John M. Falconer, Finance Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Letter from the County of Riverside Sheriff Requesting the City to provide Accounting Services for the CVVGTF y 7 079 141 l Hlir11VIC1Y 1 1 RIVERSIDE COUNTY STANLEY SNIFF. SHERIFF December 29, 2011 John Falconer Director of Finance 78-495 Calle Tampico La Quinta, CA 92253 John, Sheriff 82-695 DOCTOR CARREON BLVD. • 1NDIO, CA 92201 • (760) 863-8990 The purpose of this letter is to transfer the Gang Task Force financial accounts which are currently being handled by the City of Indio to the City of La Quinta. The City of Indio has withdrawn their Task Force support and therefore no longer has board member representation. We appreciate your commitment and support for taking on this responsibility. We will keep you advised of any changes and forward any Board Minutes related to accounting functions. Sincerely, Rod Vigu , 'ef Deputy Field Op ions East lil AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the League of CONSENT CALENDAR: California Cities Revenue and Taxation Committee STUDY SESSION: Meeting in Sacramento, California to be Held January ' 19, 2012 PUBLIC HEARING: RECOMMENDATION: Approve authorization of overnight travel for Mayor Pro Tern Terry Henderson to attend the League of California Cities Revenue and Taxation Committee meeting in Sacramento, California to be held January 19, 2012. FISCAL IMPLICATIONS: The Fiscal Year 201 1 /2012 Budget has allocated funds for travel, training, and meetings for the City Council. Funds for this meeting attendance are available in the Legislative Program's Travel, Training, and Meeting account (#101-1001-411.51-01). Expenditures for this meeting are estimated as follows: Travel (parking, flight and ground transportation) $285 Hotel (one night) $200 Meals $ 75 TOTAL $560 CHARTER CITY IMPLICATIONS: None. MEW BACKGROUND AND OVERVIEW: The League of California Cities Policy Committees meets four times each year. The first meeting of the Policy Committees in 2012 is scheduled for January 19 and 20, 2012 in Sacramento, California. The Revenue and Taxation Committee, on which Mayor Pro Tern Henderson sits, will meet January 19, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for Mayor Pro Tern Henderson to attend the League of California Cities Revenue and Taxation Committee Meeting in Sacramento, California to be held January 19, 2012; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1 . 2012 League of California Cities Policy Committees Schedule 11 ^, 082 ATTACHMENTI ��LEAGUEFI)E�CITS 2012 POLICY COMMITTEE SCHEDULE Meetings begin at 10:00 a.m. and end by 3:00 p.m. January 19 - 20, 2012 Sacramento Convention Center, 1400 J Street, Sacramento 95814 . *Committees meeting at League Office, 1400 K Street, Sacramento 95814 Thursday, January 19, 2012 *Administrative Services Environmental Quality Revenue and Taxation Transp., Comm. & Public Works Friday, January 20, 2012 *Community Services Employee Relations Housing, Community & Economic Dev. Public Safety March 29 - 30, 2012 Doubletree Hotel, 222 N. Vineyard Avenue, Ontario 91764 (909) 937-0900 Thursday, March 29, 2012 Administrative Services Environmental Quality Revenue and Taxation Transp., Comm. & Public Works Friday, March 30, 2012 Community Services Employee Relations Housing, Community & Economic Dev. Public Safety June 14 & 16, 2012 Sacramento Convention Center, 1400 J Street, Sacramento 95814 *Committees meeting at League Office, 1400 K Street, Sacramento 95814 Thursday, June 14. 2012 *Administrative Services Environmental Quality Revenue and Taxation Transp., Comm. & Public Works Friday, June 16, 2012 *Community Services Employee Relations Housing, Community & Economic Dev. Public Safety ANNUAL CONFERENCE September 5 - 7, 2012, San Diego Convention Center Policy Committee Meetings, 78D - Wednesday, September 5 TE: Policy committee members should be aware that lunchis usually served at these meetings. The state's Fair Political Practices nmission takes the position that the value of the lunch should be reported on city oRicials'statement of economic interests Pone. Because of service you provide at these meetings, the League takes the position that the value of the lunch should be reported as income (in return for ,rservice to the committee) as opposed to a gift (note that this is=income forstala or federal income tax purposes —just Political Reform reporting purposes). The League has been persistent, but unsuccessful, in ettempbnD to change the FPPC's nerd about this intelpretation. such, we feel we need to let you know about the issue so you can detemene your course of action. ou would prefer not to have to report the value of the lunches as Income, we will let you know the amount so you can reimburse the Laegue. 3 lunches tend to run in the $30 to $45 range. To review a copy of the FPPC's most recant letter on this issue, please go to the League's G:LLEGISLTVIPOLICM012 PC Sd.We.d0c " 083 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Adoption of a Resolution Making a Declaration under Health and Safety Code Section 33354.8 Regarding Forgiveness of Repayment of Loans, Advances, or Indebtedness of the La Quinta Redevelopment Agency During the Period January 1, 2010 to December 31, 2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council making a declaration under Health and Safety Code Section 33354.8 regarding forgiveness of repayment of loans, advances, or indebtedness of the La Quinta Redevelopment Agency during the Period January 1, 2010 to December 31, 2011. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AB 936, signed into law this past summer, requires disclosure related to loans from cities and housing authorities to redevelopment agencies. Cities and Housing Authorities must adopt a resolution prior to February 1, 2012 declaring whether or not they have forgiven, during the period of time between January 1, 2010 and December 31, 2011, the total or partial repayment of any loans, advances, or indebtedness that had been owed by the redevelopment agency. The City of La Quinta, during the above -stated time period, has not forgiving the repayment, in whole or in part, of a loan, advance, or indebtedness that has been owed by the Agency to the City. A resolution has been prepared making this finding; the Health and Safety Code requires a copy of the resolution be transmitted to the State Controller within ten days of adoption. �. 084 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Adoption of a Resolution Making a Declaration under Health and Safety Code Section 33354.8 Regarding Forgiveness of Repayment of Loans, Advances, or Indebtedness of the La Quinta Redevelopment Agency During the Period January 1, 2010 to December 31, 2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council making a declaration under Health and Safety Code Section 33354.8 regarding forgiveness of repayment of loans, advances, or indebtedness of the La Quinta Redevelopment Agency during the Period January 1, 2010 to December 31, 2011. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AB 936, signed into law this past summer, requires disclosure related to loans from cities and housing authorities to redevelopment agencies. Cities and Housing Authorities must adopt a resolution prior to February 1, 2012 declaring whether or not they have forgiven, during the period of time between January 1, 2010 and December 31, 2011, the total or partial repayment of any loans, advances, or indebtedness that had been owed by the redevelopment agency. The City of La Quinta, during the above -stated time period, has not forgiving the repayment, in whole or in part, of a loan, advance, or indebtedness that has been owed by the Agency to the City. A resolution has been prepared making this finding; the Health and Safety Code requires a copy of the resolution be transmitted to the State Controller within ten days of adoption. �. 084 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council making a declaration under Health and Safety Code Section 33354.8 regarding forgiveness of repayment of loans, advances, or indebtedness of the La Quinta Redevelopment Agency during the Period January 1, 2010 to December 31, 201 1; or 2. Do not adopt a Resolution of the City Council making a declaration under Health and Safety Code Section 33354.8 regarding forgiveness of repayment of loans, advances, or indebtedness of the La Quinta Redevelopment Agency during the Period January 1, 2010 to December 31, 2011; or 3. Provide staff with alternative direction. Respectfully submitted, JDzbb � e-/ CO1 3 o 0 0 Debbie Powell Economic Development/Housing Manager Approved for submission by: Mark Weiss, Interim City Manager n 085 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council making a declaration under Health and Safety Code Section 33354.8 regarding forgiveness of repayment of loans, advances, or indebtedness of the La Quinta Redevelopment Agency during the Period January 1, 2010 to December 31, 201 1; or 2. Do not adopt a Resolution of the City Council making a declaration under Health and Safety Code Section 33354.8 regarding forgiveness of repayment of loans, advances, or indebtedness of the La Quinta Redevelopment Agency during the Period January 1, 2010 to December 31, 2011; or 3. Provide staff with alternative direction. Respectfully submitted, JDzbb � e-/ CO1 3 o 0 0 Debbie Powell Economic Development/Housing Manager Approved for submission by: Mark Weiss, Interim City Manager n 085 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CALIFORNIA MAKING A DECLARATION UNDER HEALTH AND SAFETY CODE SECTION 33354.8 THAT, DURING THE PERIOD FROM JANUARY 1, 2010, TO DECEMBER 31, 2011, THE CITY HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE CITY BY THE LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City of La Quinta is a municipal corporation and charter city under the Constitution of the State of California ("City"); and WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq. ("CRL"); and WHEREAS, the California Community Redevelopment Law, pursuant to Section 33354.8 of the California Health and Safety Code, requires that the City (a public body) adopt a resolution after January 1, 2012 and prior to February 1, 2012, declaring whether or not it has forgiven, during the period of time. commencing January 1, 2010, and ending December 31, 2011, the repayment, Wholly or partially, of a loan, advance, or indebtedness that has been owed by the Agency to the City; and WHEREAS, Section 33354.8 of the California Health and Safety Code also requires that within ten (10) days after the adoption of the resolution, the City transmit a copy of the resolution to the California State Controller. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, as follows: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. Based upon the best knowledge of City staff and the City Council, during the period between January 1, 2010, and December 31, 2011, the City has not forgiven the repayment, wholly or partially, of a loan, advance, or indebtedness that has been owed by the Agency to the City. 1.� Resolution 2012- Declaring Loan Forgiveness to the RDA Adopted: January 17, 2012 Page 2 SECTION 3. Not later than ten (10) days after the adoption of this Resolution, the City Clerk shall transmit a copy of this Resolution to the California State Controller. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 171n day of January 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, MAYOR City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California " 087 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Authorization to Establish a "Redevelopment Obligation Retirement Fund" to be Administered by the City as Successor Agency to the La Quinta Redevelopment Agency and to Prepare an Administrative Budget for the City as Successor Agency RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the creation within the City's Treasury of a "Redevelopment Obligation Retirement Fund" to be administered by the City as Successor Agency to the La Quinta Redevelopment Agency, the preparation of an administrative budget for the City as Successor Agency, and authorize the Interim City Manager to execute the documentation necessary to carry out these two tasks in a form approved by the City Attorney. FISCAL IMPLICATIONS: Staff time will be involved in the establishment of the Redevelopment Obligation Retirement Fund and the preparation of the Administrative Budget for the City as successor to the Agency. Assistance from Rutan & Tucker and RSG will also be necessary to complete the task. The costs associated with these activities would be included in the Administrative Budget for the City as the successor agency. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The State Supreme Court's decision to uphold ABx1 26, the Redevelopment Dissolution Act, has triggered a series of obligations on the part of the City the successor to the La Quinta Redevelopment Agency. These obligations are geared toward winding down the activities and liquidate assets of the Agency. N.v_ 088 Among the actions the City needs to take are the following: 1. Create within the City's Treasury a "Redevelopment Obligation Retirement Fund" to be administered by the City of La Quinta as the successor to the Agency. It may be necessary to establish a subaccount to allow certain type of funds to be segregated. 2. Prepare a proposed administrative budget for the activities of the City as successor agency. This will need to be submitted to the future Oversight Board for approval. In order to undertake and implement these two obligations, it may be necessary for the Interim City Manager to sign certain documentation. It is therefore recommended that the Interim City Manager be authorized to sign the necessary documentation to carry out these two task. The City Attorney would first review and approve the documents. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the creation within the City's Treasury of a "Redevelopment Obligation Retirement Fund" to be administered by the City as Successor Agency to the La Quinta Redevelopment Agency, the preparation of an administrative budget for the City as Successor, Agency, and authorize the Interim City Manager to execute the documentation necessary to carry out these two tasks in a form approved by the City Attorney; or 2. Do not authorize the staff to carry out the above two functions; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: Mark Weiss, Interim City Manager p :,. 089 t AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 17, 201 2 BUSINESS SESSION: ITEM TITLE: Consideration of Selection of Executive CONSENT CALENDAR: Search Firm for City Manager and Finance Director Recruitments, Award of Contract for Recruitment STUDY SESSION: Services, and Appropriation of Funds PUBLIC HEARING: RECOMMENDATION: Conduct interviews of Bob Murray and Associates, Peckham & McKenney, and Ralph Andersen & Associates, select one of those firms as the executive search firm for recruitment of a City Manager and Finance Director, authorize the Interim City Manager to enter into a Contract Services Agreement with the selected firm in a form approved by the City Attorney, and appropriate funds in the amount of up to $53,500 from the General Fund Reserves. FISCAL IMPLICATIONS: Each proposal for recruitment services estimated a base fee, along with an approximate fee for direct out-of-pocket expenses associated with the search. For the combined search for the City Manager and Finance Director, the fees plus cost proposals for the three firms ranged from $39,000 to $46,000. The City may also incur additional costs associated with bringing candidates in for interviews that would not be covered under this recruitment services contract. Those costs'are anticipated to be approximately $7,500. A total of up to $53,500 for the contract and interview costs would come from the General Fund Reserve (101-0000-290- 0000). CHARTER CITY IMPLICATIONS: None. 9 090 BACKGROUND AND OVERVIEW: The vacancy created by the sudden passing of long-time City Manager, Thomas Genovese, necessitated the hiring of an executive search firm to conduct the recruitment for a permanent City Manager. In addition, John Falconer recently submitted his resignation as Finance Director, effective May 31, 2012. At the December 6, 2011 City Council meeting, staff was directed to prepare a Request for Proposals (RFP) (Attachment 1) for executive search firms to conduct a City Manager recruitment. The RFP was issued on December 13, 2011 and responses were due by or before January 3, 2012. Four proposals were submitted to the City in response to the RFP by the following executive search firms: Bob Murray & Associates Peckham & McKenney Ralph Andersen & Associates Avery Associates A Review Committee comprised of the Interim City Manager, Human Resources/General Services Manager, and Finance Director, reviewed and ranked all submissions and invited the top three (3) firms to interview with the Council at the January 17, 2012 meeting. The top ranked firms are, in no particular order: Bob Murray and Associates, Peckham & McKenney, and Ralph Andersen & Associates. The responses of all four firms are submitted as Attachment 2. Council interviews of the top three (3) firms will enable Council to choose the firm that best suits the needs of the Council and the City with regard to filling the vacant City Manager and Finance Director positions. Staff took the liberty of drawing names for the order of presentations and suggests the following: 1. Bob Murray & Associates 2. Ralph Andersen & Associates 3. Peckham & McKenney Because the Finance Director's announced resignation occurred after the solicitation of proposals for the City Manager search, staff requested a supplemental proposal from the top three firms for a Finance Director search to be performed simultaneously with the City Manager search. Staff feels confident that each of the three firms is fully capable of conducting the Finance Director search, and is asking for an appropriation sufficient for both searches (i.e., the City Manager search on behalf of the Council, and the Finance Director search on behalf of the City). N 091 The City Attorney has approved a draft of a Contract Services Agreement (Attachment 3) that could be used for the chosen executive search firm. The final details of the contract would need to be completed and approved by the City Attorney prior to its execution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct interviews of Bob Murray and Associates, Peckham & McKenney, and Ralph Andersen & Associates, select one of those firms as the executive search firm for recruitment of a City Manager and Finance Director, authorize the Interim City Manager to enter into a Contract Services Agreement with the selected firm in a form approved by the City Attorney, and appropriate funds in the amount of $53,500 from the General Fund Reserves; or 2. Direct staff to schedule an interview for the City Council with the remaining executive search firm that responded to the RFP but was not recommended by the Review Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Terry L. beeringer Human Resources/General Services Manager Approved for submission by: vu-I;�o . Mark Weiss, Interim City Manager Attachments: 1. Request for Proposals (RFP) 2. Responses of Four Executive Search Firms 3. Draft Contract Services Agreement 092 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL FOR CITY MANAGER RECRUITMENT December 13, 2011 The City of La Quinta is looking for a highly qualified consulting firm to conduct recruitment and to develop a selection process that will be a solid predictor of job success in appointing the best candidate for the position of City Manager. This recruitment will be both open and promotional. The goal of the recruitment will be to have an appointment made before June 30, 2012. The City of La Quinta The City of La Quinta, incorporated on May 1, 1982, encompasses 32 square miles and is located in the Coachella Valley approximately 100 miles east of Los Angeles. The City population is slightly more than 44,000 permanent residents and approximately 17,000 seasonal residents who enjoy La Quinta's mild winter climate from November to April. La Quinta enjoys active participation in civic affairs by its citizenry. The City has a "Council -Manager" general law form of government where the City Manager is appointed by the City Council and is the Chief Executive Officer of the Municipal Corporation. The Council acts as the board of directors of the municipal corporation and meets in a public forum where citizens may participate in the governmental process. The City Council consists of five members elected at -large, on a non -partisan basis. Residents elect the Mayor and four Council members, making each accountable to the entire citizenry. Council members serve four-year overlapping terms. The mayor is directly elected and serves a two-year term. The City Council establishes City policies, approves ordinances and resolutions, makes land use decisions, approves agreements and contracts, and hears appeals on decisions made by City staff or advisory committees. The Mayor and Council Members also serve as the governing body of the La Quinta Redevelopment Agency. The City Manager is appointed by the City Council and is responsible for the administration of municipal affairs. All municipal departments operate under the supervision of the City Manager. The City Council also appoints a City Attorney to advise the Council and staff on legal affairs, to see that all laws are effectively enforced and, when necessary, to defend the City in litigation. The City is also served by a City Treasurer and City Clerk, both of which are appointed staff positions. The City contracts with the Riverside County Sheriff for police services, and with Cal Fire for fire services. The City's annual general fund budget is approximately $40,700,000, with a total budget of approximately $126,000,000. Other information regarding the City of La Quinta can be found on the City's website— www.la- uuinta.ore. City of La Quints— City Manager Executive Search Firm RFP — December 13, 2011 Page 2 Position of the City Manager The position of City Manager is generally described at La Quinta Municipal Code Section 2.08. The City Manager is the Administrative head of the government of the City under the direction of the City Council and is responsible for the efficient administration of the municipal affairs of the City. He/she attends all meetings of the City Council unless he/she is excused by the Mayor or Council. The City Manager further advises the City Council on the financial condition and needs of the City and prepares and submits a proposed annual budget and proposed employee compensation plans to the City Council for its approval. Additional duties include: The hiring, discipline, demotion and dismissal of all employees, except the City Attorney. The City Manager may attend any and all meetings of the commissions, boards or committees created by the City Council. TASKS TO BE COMPLETED: The following lists the functions to be performed by the consultant. Please include in your proposal how you would handle these responsibilities. 1. Recruit potential candidates, provide them all necessary application materials, respond to requests for information, and function as the exclusive point of contact for candidates. 2. Prepare the brochure and develop a targeted mailing list. 3. Prepare and place advertisements in pertinent publications (list publications you would use). 4. In concert with the Interim City Manager and/or staff, screen applications and resumes. As appropriate, interview candidates as a screening tool and make recommendations for further consideration. 5. Create and conduct an effective method to assess the candidates. 6. Meet with the Interim City Manager and/or staff to select the 6-8 top candidates to participate in all assessment venues deemed appropriate. 7. Provide background information on finalists as requested by the Interim City Manager and/or staff. WHAT TO SUBMIT IN YOUR PROPOSAL Please make any comments or recommendations relative to each of the seven tasks listed above and provide examples that demonstrate your firm's effectiveness in managing each task. In addition, please provide the following information: I. Specify who in your firm will conduct the process and indicate the depth of experience this person has with recruitments for City Manager. 2. Your plans to provide clerical or other support staff as necessary to conduct the process. This will be required as part of the agreement for services. List name(s) and function(s) of the support staff. 3. Provide brief summary resumes of the key contact and support personnel. 4. List similar recruitments you have conducted in the past two years including the agencies and positions for which recruitments were held, especially any in the Coachella Valley region. 'm1 City of La Quinta — City Manager Executive Search Firm RFP — December 13, 2011 Pa$e g List contacts for references (include addresses and telephone numbers). 6. Identify the time frame you would recommend to most effectively accomplish the identified tasks. List the professional fee you would charge to perform the outlined tasks and indicate reimbursable expenses. Please assign a maximum amount for reimbursable expenses. PROPOSAL SUBMITTAL: Submit three hard copies of your proposal by no later than 5:00 p.m. on Tuesday, January 3, 2012 to: Mark Weiss Interim City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 REVIEW OF PROPOSALS: A review committee, comprised of members chosen by the Interim City Manager, will review proposals and select one or more firms for follow-up interviews. The review committee will recommend up to three firms to the City Council to be interviewed at the January 17, 2012 City Council meeting at approximately 4:00 p.m. The final selection will be based on those interviews and any relevant information provided therein. The review committee reserves the right to reject all proposals, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals and to waive any irregularities, if such would serve the best interest of La Quinta, as determined by the review committee. There is no expressed or implied obligation for the City of La Quinta to reimburse responding individuals or firms for any expense incurred in preparing proposals for response to this request. If you have questions regarding the proposal, please contact the Interim City Manager at (760) 777-7030. n95 Terry Deeringer ATTACHMENT 2 From: Sarah Kenney <sarahk@bobmurrayassoc.com> Sent: Monday, January 09, 2012 12:25 PM To: Terry Deeringer Subject: City Manager and Finance Director Recruitment Attachments: Client List Since 2000.doc Good afternoon Ms. Derringer: Regarding the addition of the Finance Director recruitment to the City Manager recruitment, the professional services fee for conducting the searches concurrently would be $31,500; this price represents a discount of $1,500 off the individual recruitment price of $15,500 for the Finance Director recruitment and $17,500 for the City Manager recruitment. Expenses would be increased from $6,500 for the City Manager recruitment to $11,500 for both recruitments, representing a $1,500 discount in total expenses and assuming on -site meetings will be combined whenever feasible. Our firm has extensive experience in recruiting finance professionals. We are currently conducting Finance Director recruitments on behalf of the City of Corona and the East Bay Municipal Utility District, CA; we recently completed the Chief Financial Officer recruitment for the City of West Wendover, NV and the Comptroller recruitment for Clark County, NV. Our other experience in the last three years includes financial executive searches for the cities of Barstow, Corona, Los Altos, and San Diego, CA; the City of Thornton, CO; the City of Norfolk, VA, Wayne County, MI; and the Imperial Irrigation District, CA. For a complete list of our financial recruitments, please see the attached list of clients. Out extensive network of contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the City of La Quinta's next Finance Director. We look forward to hearing from you, and please; do not hesitate to contact me if I can be of any further assistance Regards, Sarah Kenney Senior Consultant 808 MURRAY .&. Assc3csATE sarama W cxccur+vc @trenGn t'916, 784 SK)f 0 O16j 135-2414 please consider the environment before printing this c-mail . NOTICE: This message is intended only for the individual to whom it is addressed and may contain infommtion that is confidential or privileged, if you have received this communication in error, please notify the sender and destroy or delete this communication immediately. 096 i BOB MUF2FZAY i Sc ASSOCIATES EXPERTS IN EXECUTIVE SEARCH A PROPOSAL TO CONDUCT AN EXECUTIVE RECRUITMENT FOR A City Manager ON BEHALF OF THE City of La Quinta phone 916.784.9080 fax 916.784. 1985 1677 Euleka Road, 5oite 202, Roseville, CA 95561 097 December 20, 2011 Proposal Review Committee City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Committee Members: Thank you for inviting Bob Murray & Associates to submit a proposal to conduct the City Manager recruitment, for the City of La Quinta. The following proposal details our qualifications and describes our process of identifying, recruiting and screening outstanding candidates on your behalf. It also includes a proposed budget timeline, guarantee, and sample recruitment brochure. At Bob Murray & Associates, we pride ourselves on providing quality service to local governments. We have created a recruitment process that combines our ability to help you to determine the direction of the search and the types of candidates you seek with our experience recruiting outstanding candidates who are not necessarily looking for a job. Our proven expertise ensures that the candidates we present for your consideration will match the criteria you have established and will be outstanding in their field. With respect to the City Manager recruitment, Bob Murray & Associates offers the following expertise: > We have over 25 years of experience and an unmatched record of success in recruiting local government professionals. Bob Murray & Associates has conducted over 800 recruitments for local government professionals throughout the United States and has placed over 200 City Managers. We are currently conducting City Manager and City Administrator recruitments on behalf of the cities and towns of Arcadia, Montebello, Rancho Santa Margarita, and Woodland, CA; as well the City of Arlington, TX (Deputy City Manager) and the City of Centennial, CO. In the past two years, we have placed City/Town Managers and City Administrators in the California cities of Calistoga, Chowchilla, Concord, Coronado, Escalon, Laguna Beach, Loomis, Menifee, Montebello, Monterey Park, Mountain View, . Patterson, Pittsburg, Roseville, San Carlos, Salinas, San Pablo, San Rafael, Santa Paula, Santa Rosa, South Lake Tahoe, St. Helena, Temple City, Turlock, and Walnut Creek; in addition to the cities of Arvada, CO; Kirkland, WA; and Phoenix, AZ. For a complete list of our previous City Manager searches, please see the attached "Client List Since 2000." Our extensive contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the City of La Quinta's next City Manager. 098 • Bob Murray & Associates is familiar with the City of La Quinta; prior to founding Bob Murray & Associates, I placed Tom Genovese as Assistant City Manager. We are also familiar with Riverside County and the surrounding region; we are currently conducting the Finance Director, Police Chief, Regulatory Compliance Supervisor, Associate Utility Engineer, and Utilities Facilities Maintenance Manager recruitments on behalf of the City of Corona , and the General Manager recruitment on behalf of the Jumpa Community Services District. We also recently completed the Police Chief recruitment on behalf of the City of Palm Springs, We have also conducted recruitments on behalf of the cities of Cathedral City, Menifee, Moreno Valley, Murrieta, and Riverside; in addition to the Coachella Valley Mosquito and Vector Control District, the Desert Water Agency, March Joint Powers Authority, and the Riverside Transit Agency. Our knowledge of the region, its issues and the County's outstanding quality of life will be an asset in presenting this opportunity to " prospective candidates. i If our firm is selected for the City Manager recruitment, I will conduct the search personally. I have conducted over three-quarters of our firm's City Manager searches, and prior to my career in executive search I served as the City Manager for the City of Olympia, WA. I understand and have personal insight regarding the dynamic relationship between the City Council and City Manager. This experience will be of great value when screening candidates and making an assessment of their credentials. A significant portion of our process focuses on conducting thorough and confidential background investigations of the top 2-3 candidates to ensure that nothing about them is left undiscovered. We have candid discussions with references who have insight into the candidate's experience, style and ethics; conduct a search of newspaper articles; and run credit, criminal and civil records reports. This ensures that the chosen candidate will not only be an excellent fit with the City of La Quinta, but also that the selected candidate will reflect positively upon your organization. To learn first-hand of the quality of our service and our recruitment successes, we invite you to contact the references listed on page 10 of the attached proposal. We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 should you have any questions. Sincerely, Bob Murray President Bob Murray & Associates N 099 TABLE OF CONTENTS THE RECRUITMENT PROCESS .................................. 2 -STEP 1 DEVELOPING THE CANDIDATE PROFILE.......................................2 STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE ............2 STEP 3 RECRUITING CANDIDATES.............................................................2 STEP 4 SCREENING CANDIDATES..............................................................3 STEP 5 PERSONAL INTERVIEWS.................................................................3 .,.. :.. ,. STEP 6 PUBLIC RECORD SEARCH...............................................................3 STEP 7 RECOMMENDATION.......................................................................3 STEP 8 FINAL INTERVIEWS........................................................................3 ,. STEP 9 BACKGROUND CHECKS DETAILED REFERENCE CHECKS.n .......... 4 STEP 10 NEGOTIATIONS............................................................................4 STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE...................................4 BUDGET AND TIMING ................................................. 5 PROFESSIONAL FEE AND EXPENSES.......................................................... 5 .. .. TIMING.....................................................................................................5 GUARANTEE.............................................................................................6 PROFESSIONAL QUALIFICATIONS ............................ 7 REFERENCES................................................................ 9 4 100 THE RECRUITMENT PROCESS Bob Murray & Associates' unique and client oriented approach to executive search will ensure that the City of La Quinta has quality candidates from which to select the new City Manager. Outlined below are the key steps in our recruitment process. STEP 1 DEVELOPING THE CANDIDATE PROFILE Our understanding of the City of La Quinta's needs will be key to a successful search. We will work with the Interim City Manager, City Council, and staff as appropriate to learn as much as possible about the organization's expectations for a new City Manager. We want to learn the values and culture of the organization, as well as understand the current issues, challenges and opportunities that face the City of La Quinta. We also want to know the City's expectations regarding the knowledge, skills and abilities sought in the ideal candidate and will work with the City to identify expectations regarding education and experience. Additionally, we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. The profile we develop together at this stage will drive subsequent recruitment efforts. STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROCHURE After gaining an understanding of the City of La Quinta's needs, we will design an effective advertising campaign appropriate for the City Manager recruitment. We will focus on professional journals that are specifically suited to the City Manager search, including Western City Magal ne, the Jobs Available newsletter, Careers in Government, and the ICMA newsletters. We will also develop a professional recruitment brochure on the City's behalf that will discuss the community, organization, position and compensation in detail. Once completed, we will mail the profile to an extensive audience, making them aware of the exciting opportunity with the City of La Quinta. STEP 3 RECRUITING CANDIDATES After cross-referencing the profile of the ideal candidate with our database and contacts in the field, we will conduct an aggressive outreach effort, including making personal calls to prospective applicants, designed to identify and recruit outstanding candidates. We recognize that the best candidate is often not looking for a new job and this is the person we actively seek to convince to become a candidate. Aggressively marketing the City Manager position to prospective candidates will be essential to the success of the search. 101 Cihv of fa Quinta Page 2 STEP 4 SCREENING CANDIDATES Following the closing date for the recruitment, we will screen the resumes we have received. We will use the criteria established in our initial meetings as a basis upon which to narrow the field of candidates. STEP 5 PERSONAL INTERVIEWS We will conduct personal interviews with the top 10 to 12 candidates with the goal of determining which candidates have the greatest potential to succeed in your organization. During the interviews we will explore each candidate's background and experience as it relates to the City Manager position. In addition, we will discuss the candidate's motivation for applying for the position and make an assessment of his/her knowledge, skills and abilities. We will devote specific attention to establishing the likelihood of the candidate's acceptance of the position if an offer of employment is made. STEP 6 PUBLIC RECORD SEARCH Following the interviews, we will conduct a review of published articles for each candidate. Various sources will be consulted including Lexis-NexiSTM, a newspaper/magazine search engine, Google, and local papers for the communities in which the candidates have worked. This alerts us to any further detailed inquiries we may need to make at this time. STEP 7 RECOMMENDATION Based on the information gathered through meetings with your organization and personal interviews with candidates, we will recommend a limited number of candidates for your further consideration. We will prepare a detailed written report on each candidate that focuses on the results of our interviews and public record searches. We will make specific recommendations, but the final determination of those to be considered will be up to you. STEP S FINAL INTERVIEWS Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits your needs, whether it is a traditional interview, multiple interview panel or assessment center process. We will provide you with suggested interview questions and rating forms and will be present at the interview/assessment center to facilitate the process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final candidates. " 102 City of La Quintal Page 3 We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience, as the manner in which the entire process is conducted will have an effect on the candidates' perception of your organization. STEP 9 BACKGROUND CHECKS DETAILED REFERENCE CHECKS Based on final interviews we will conduct credit, criminal, civil litigation and motor vehicle record checks for the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several years. Additionally, we make a point of speaking confidentially to individuals who we know have insight into a candidate's abilities, but who may not be on their preferred list of contacts. At this stage in the recruitment we will also verify candidates' degrees. STEP 10 NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. We know what other organizations have done to put deals together with great candidates and will be available to advise you regarding current approaches to difficult issues such as housing and relocation. We will represent your interests and advise you regarding salary, benefits and employment agreements with the goal of putting together a deal that results in the appointment of your chosen candidate. Most often we can turn a very difficult aspect of the recruitment into one that is viewed positively by both you and the candidate. STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE Throughout the recruitment we will provide the Interim City Manager, City Council, and staff, as appropriate, with updates on the status of the search. We will also take care of all administrative details on your behalf. Candidates will receive personal letters advising them of their status at each critical point in the recruitment. In addition, we will respond to inquiries about the status of their candidacy within twenty-four hours. Every administrative detail will receive our attention. Often, candidates judge our clients based on how well these details are handled. ,is 103 Ciq• of Li Quinta Page 4 BUDGET AND TIMING PROFESSIONAL FEE AND EXPENSES The consulting fee for conducting the City Manager recruitment on behalf of the City of La Quinta is $17,500 plus expenses. Services provided for the fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The City of La Quinta will be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project to be $6,500. Reimbursable expenses include such items as the cost of travel, clerical support, placement of ads, credit, criminal and civil checks, education verification, as well as newspaper searches. In addition, postage, printing, photocopying, and telephone charges will be allocated. TIMING We are prepared to start work on this assignment immediately and anticipate that we will be prepared to make our recommendation regarding finalists within seventy five to ninety days from the start of the search. Week: Task: 1 Conduct meeting with Interim City Manager, City Council, and staff 2 Write recruitment brochure and advertisement 3 Interim City Manager and City Council review recruitment brochure and advertisement 4 Recruitment brochure printed and advertisements placed 5 Active recruitment of candidates begins 9 Closing date 10 Screen Resumes 11-12 Recruiter interviews top candidates 12-13 Public Records Search 14 Review recommendations with Interim City Manager and staff 15 First -round City interviews, follow-up interviews; consultant background and detailed reference checks 16 Candidate selected Is 104 City of La Quints Page 5 GUARANTEE We guarantee that should the selected candidate's employment be concluded within 24 months of placement, we will conduct the search again at no cost (with the exception of expenses) to the City of La Quinta. We are confident in our ability to recruit outstanding candidates and . do not expect the City of La Quinta to find it necessary to exercise this provision of our proposal. 11 1'0 5 City ofLI Quint" P;ge 6 PROFESSIONAL QUALIFICATIONS Mr. Murray will be assigned to the City Manager search. Ms. Sarah Kenney and Ms. Rosa Gomez will provide support services. BOB MURRAY, PRESIDENT Mr. Murray brings over 25 years experience as a recruiter. Mr. Murray is recognized as one of the nation's leading recruiters. He has conducted hundreds of searches for cities, counties, and special districts. He has been called on to conduct searches for some of the largest most complex organizations in the country and some of the smallest. Mr. Murray has conducted searches for chief executives, department heads, professional and technical positions. Mr. Murray has taken the lead on the firm's most difficult assignments with great success. His clients have retained him again and again given the quality of his work and success in finding candidates for difficult to fill positions. Prior to creating Bob Murray & Associates, Mr. Murray directed the search practice for the largest search practice serving local government in the country. Mt. Murray has worked in local government and benefits from the knowledge of having led an organization. Prior to his career in executive search he served as the City Manager for the City of Olympia, Washington. He has also served as an Assistant City Manager and held positions in law enforcement. Mr. Murray received his Bachelor's degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward. SARAH KENNEY, SENIOR CONSULTANT As a Senior Consultant with Bob Murray & Associates, Ms. Kenney is responsible for candidate recruitment and screening, development of marketing materials, research, reference checks, and background verifications. Her focus is client service, and she works closely with clients to coordinate candidate outreach and ensure successful searches. Ms. Kenney brings over a decade of customer service and management experience to Bob Murray & Associates. She has been on both sides of the hiring process and uses her experience to ensure all parties involved are satisfied with every step of recruitment at our firm. Ms. Kenney received her Bachelor of Arts degree in Psychology from the University of California at Davis. it 106 City of La Quinta Page 7 ROSA GOMEz, ADMINISTRATIVE MANAGER Ms. Rosa Gomez is the Administrative Manager at Bob Murray & Associates. Ms. Gomez is the first point of contact at Bob Murray & Associates and has extensive administrative, experience. Ms. Gomez is known for her personal approach as she works closely with clients and candidates alike to ensure a successful search. As the first point of contact for Bob Murray & Associates Ms. Gomez's professional approach is of the highest caliber. H 107 City of La Quinta Pagc 8 REFERENCES Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has conducted searches are listed below. CLIENT: City of Pahn Springs, CA POSITION: Police Chief REFERENCE: Mr. David Ready, City Manager, (760) 323-8207 CLIENT: Coachella Valley Mosquito and Vector Control District, CA POSITION: General Manager REFERENCE: Dr. Bruce Underwood, President of the Board of Trustees, (760) 346-2489 CLIENT: City of Pasadena, CA POSITION: City Manager, Assistant City Manager, and Police Chief REFERENCE: Mr. Michael Beck, City Manager, (626) 744-7927 or Mayor Bill Bogaard, (626) 744-4311 CLIENT: City of Coronado, CA POSITION: - City Manager . REFERENCE: Mr. Casey Tanaka, Mayor, (619) 522-7320 N 108 City of La Quinta Page 9 BOB MURRAY & ASSOCIATES CLIENT LIST SINCE 2000 CITY MANAGER Lancaster, CA Airway Heights, WA Lathrop, CA Albany, CA (City Administrator) Lemon Grove, CA Albany, OR Loomis, CA (Town Manager) Antioch, CA Los Alamitos, CA Apple Valley, CA (Town Manager) Manteca, CA Arcadia, CA Martinez, CA Arcata, CA Menifee, CA Arvada, CO Menlo Park, CA Barstow, CA Merced, CA Benicia, CA Millbrae, CA Campbell, CA Mill Valley, CA Capitola, CA Milwaukie, OR Carmel, CA Monrovia, CA Castle Rock, CO (Town Manager) Montebello, CA (City Centennial, CO Administrator) Chico, CA Monterey Park, CA Chino Hills, CA Mountain View, CA Chowchilla, CA (City Needles, CA Administrator) Newberg, OR Chula Vista, CA Newcastle, WA Claremont, CA Novato, CA Concord, CA Oak Creek, WI (City Coos Bay, OR Administrator) Corcoran, CA Oakdale, CA Corona, CA Oakley, CA Coronado, CA Oceanside, CA Corte Madera, CA (Town Manager) Ojai, CA Dixon, CA Orinda, CA Dublin, CA Pacifica, CA Elk Grove, CA Palo Alto, CA Escalon, CA Pasadena, CA Eugene, OR Patterson, CA Fairfield, CA Phoenix, AZ Fortuna, CA Pittsburg, CA Fremont, CA Pico Rivera, CA Goleta, CA Pismo Beach, CA Grover Beach, CA Pittsburg, CA Half Moon Bay, CA Poway, CA Hollister, CA Rancho Cordova, CA Imperial, CA Rancho Santa Margarita, CA lone, CA Red Bluff, CA Irwindale, CA Rio Vista, CA Kirkland, WA Roseville, CA La Mesa, CA Salem, OR La Palma, CA Salinas, CA Laguna Beach, CA San Antonio, TY Lakeport, CA San Carlos, CA a 109 San Clemente, CA Woodland, CA San Marcos, CA Yuba City, CA San Pablo, CA San Rafael, CA COUNTY ADMINISTRATOR San Ramon, CA Butte County, CA Santa Ana, CA Clackamas County, OR Santa Paula, CA Clark County, NV (Assistant) Santa Rosa, CA Deschutes County, OR Shoreline, WA Marion County, OR Sonoma, CA San Benito County, CA South Lake Tahoe, CA Tehama County, CA South Pasadena, CA Washington County, OR Springfield, OR St. Helena, CA ADMINISTRATIVE SERVICES Stanton, CA DIRECTOR '- Stockton, CA Central Contra Costa Sanitary . Temple City, CA District, CA (Director of Thousand Oaks, CA Administration) Tracy, CA Garden Grove, CA Truckee, CA (Town Manager) Los Alamitos, CA Tualatin, OR Ontario, CA Turlock, CA Placer County Water Agency, CA Vallejo, CA Pleasanton, CA Ventura, CA San Carlos, CA Walnut Creek, CA Stockton, CA Westminster, CA Yucca Valley, CA Woodland, CA Yuba City, CA ANIMAL SERVICES DIRECTOR Oakland, CA ASSISTANT/DEPUTY CITY Rancho Cucamonga, CA MANAGER Sacramento County, CA (Director Alameda, CA of Animal Care and Regulation) Arlington, TX Barstow, CA AVIATION/AIRPORT Beverly Hills, CA Big Bear Airport, CA Carlsbad, CA Bob Hope Airport, CA Dublin, CA Clark County, NV-McCarran Lancaster, CA International Airport Monterey, CA Dallas/Fort Worth, TX North Las Vegas, NV San Jose, CA Orange, CA Pasadena, CA BUILDING Peoria, AZ OFFICIALS/INSPECTION Petaluma, CA Arroyo Grande, CA Pomona, CA Bakersfield, CA Rancho Cordova, CA Centre City Development Reno, NV Corporation, CA Rocklin, CA El Segundo, CA San Diego, CA (Asst. COO) Grants Pass, OR Stockton, CA Marin County, CA e 110 Modesto, CA Palo Alto, CA Sacramento, CA San Francisco, CA Stockton, CA Tehama County, CA Yuba City, CA CITY CLERK Central Contra Costa Sanitation District, CA (Secretary to the District) Chino Hills, CA Dublin, CA Fremont, CA Menlo Park, CA Monterey County, CA (Clerk to the Board) Napa, CA Rio Vista, CA Santa Clara Valley Transportation Authority, CA (Board Secretary) Sunnyvale, CA COMMUNITY DEVELOPMENT DIRECTOR Benicia, CA Beverly Hills, CA Capitola, CA Chino Hills, CA Concord, CA Cotati, CA Daly City, CA Fremont, CA Fullerton, CA Inglewood, CA Los Banos, CA Maple Valley, WA Marin County, CA Modesto, CA Moreno Valley, CA Morgan Hill, CA Newark, CA Newcastle, WA Oakland, CA Oceanside, CA Palo Alto, CA (Assistant Director) Pleasanton, CA Redlands, CA Salem, OR San Antonio Housing Authority, TX San Carlos, CA Santa Cruz, CA Stockton, CA Vacaville, CA Vallejo, CA Walnut Creek, CA Yuba City, CA (ACM for Development Services) Yucca Valley, CA CONVENTION AND VISITOR'S BUREAU DIRECTOR Los Angeles, CA North Lake Tahoe Visitors Bureau, CA Mammoth Lakes, CA San Antonio, TX Steamboat Springs, CO ECONOMIC DEVELOPMENT/ REDEVELOPMENT Broward County, FL Chula Vista, CA Concord, CA Daly City, CA Fresno, CA Fullerton, CA Milpitas, CA Modesto, CA Morgan Hill, CA New Orleans Redevelopment Authority, OR Oakland, CA Peoria, AZ Port of Los Angeles, CA Port of San Diego, CA Redlands, CA Sacramento, CA Salinas, CA San Antonio Housing Authority, TX Scottsdale, AZ Stockton, CA Taft, CA Tracy, CA Upland, CA Vancouver, WA ENGINEERING Bakersfield, CA Barstow, CA Bob Hope Airport, CA Central Contra Costa Sanitary District, CA Chino Hills, CA Clark County, NV — McCarran Airport Corona, CA Damascus, OR Dublin San Ramon Services District, CA Elk Grove, CA Imperial Irrigation District, CA Los Banos, CA Needles, CA Nevada County, NV Nye County, NV Oceanside, CA Omnitrans, CA Pico Rivera, CA Pismo Beach, CA Pomona, CA Richmond, CA Reno, NV Stockton, CA San Luis Obispo County, Nacimiento Project, CA South Pasadena, CA Tiburon, CA Tracy, CA EXECUTIVE DIRECTOR Association of Monterey Bay Area Governments, CA Arizona Municipal Water Users Association, AZ Bay Area Air Quality Management District, CA Broward County, FL (Port Everglades Ghief Executive/Port Director) California Peace Officers Association, CA California State Association of Counties, CA California School Boards Association, CA Central Contra Costa Solid Waste Authority, CA Chula Vista Redevelopment Agency, CA Early Learning Coalition of Broward County, Inc (CEO) Elk Grove -Rancho Cordova -El Dorado Connector JPA, CA Florida Public Transportation Association (FPTA), FL Housing Authority of the City of Los Angeles, CA Housing Authority of the County of Butte, CA Housing Authority of the County of Santa Cruz, CA Hub Cities Consortium, CA Kings Community Action Organization, CA Mammoth Lakes Visitors Bureau, CA March Joint Powers Authority, CA . Metro, Portland, OR . Oregon Cascades West Council of Governments, OR Palos Verdes Library District, CA Sacramento Area Flood Control Agency, CA (Executive & Deputy) San Bernardino Associated Governments, CA San Diego Association of Governments, CA San Francisco Estuary Institute, CA San Joaquin Council of Governments, CA Santa Clara Valley Water District, CA (CEO) South Bayside Waste Management Authority, CA Southern California Association of Governments (Deputy) Vancouver Housing Authority, WA (Executive & Deputy) West Contra Costa Integrated Waste Management District, CA West Contra Costa Transportation Advisory Committee, CA Yolo Emergency Communications Agency, CA 0 112 FINANCIAL Alameda County Congestion Management Agency, CA Aurora, CO Baldwin Park, CA Barstow, CA Boulder City, NV Calaveras County Water District, CA Campbell,,CA Chino Hills, CA Clark County, NV Corona, CA Damascus, OR D.C. Government, DC East Bay Municipal Utility District, CA Elk Grove, CA Grants Pass, OR Half Moon Bay, CA Hercules, CA Housing Authority of the City of Los Angeles, CA Imperial Beach, CA Imperial Irrigation District, CA Inglewood, CA Ione, CA Lancaster, CA Los Altos, CA McCarran International Airport - Clark County, NV Menlo Park Fire Protection District, CA Norfolk, VA (Assistant Director) . Palmdale Water District, CA Pleasanton, CA San Diego, CA San Francisco, CA San Leandro, CA San Jose, CA Santa Monica, CA Sparks, NV Stockton, CA Thornton, CO Wayne County, MI West Wendover, NV FIRE CHIEF Alameda, CA Arroyo Grande (Director of Building & Fire) Aurora, CO Chula Vista, CA Eugene, OR Fremont, CA Folsom, CA Fullerton, CA Glendale, CO Hillsboro, OR Lodi, CA Livermore — Pleasanton Fire District, CA Milpitas, CA Monrovia, CA Montebello, CA Mountain View, CA Newark, CA (Assistant & Chief) Oceanside, CA Peoria, AZ Petaluma, CA Poudre Fire Authority, CO Rancho Cucamonga, CA (Deputy & Chief) Rancho Santa Fe Fire Protection District, CA Sacramento County, CA Salinas, CA San Mateo, CA San Miguel Fire Protection District, CA Santa Cruz, CA Sonoma Valley Fire & Rescue Authority, CA Sumter County, FL Sunnyvale, CA (Public Safety Director) University of California, Davis Union City, CA (Assistant & Chief) Upland, CA Vacaville, CA Walla Walla, WA GENERAL MANAGER Big Bear City Community Services District, CA Calaveras County Water District, CA Central Contra Costa Sanitation District, CA 113 Central Marin Sanitation Agency, CA Coachella Valley Mosquito Vector Control District, CA Cordova Recreation and Park District, CA (District Administrator) East Bay Dischargers Authority, CA Fallbrook Public Utilities District, CA Hilton, Famkopf, and Hobson LLC, CA Joshua Basin Water District, CA Jurupa Community Services District, CA Kennewick Irrigation District, WA (District Manager) Los Angeles Convention Center, CA Monterey Peninsula Regional Park District, CA Monterey Regional Waste Management District, CA Monterey Regional Water Pollution Control Agency, CA (Assistant) Oro Loma Sanitary District, CA Public Agency Risk Sharing Authority of California, CA Pleasant Valley Recreation & Park District, CA Reclamation District 1000, CA (District Engineer) Ross Valley Sanitary District, CA Salinas Valley Solid Waste Authority, CA Sanitary District No. 5 of Marin County, CA Santa Cruz Consolidated Emergency Communications Center, CA Sewer Authority Mid-Coastside, CA South Placer Municipal Utility District, CA Sweetwater Springs Water District,. CA Union Sanitary District, CA Valley of the Moon Water District, CA Walnut Valley Water District, CA HOUSING Housing Authority for the City of Los Angeles, CA Housing Authority for the County of Butte, CA Housing Authority for the County of Santa Cruz, CA Milpitas, CA San Antonio Housing Authority, TX Vancouver Housing Authority, WA (Executive Director & Deputy) . LEGAL COUNSEL Aurora, CO Broward County, FL Cupertino, CA Hayward, CA Lathrop, CA Monterey, CA Morgan Hill, CA Newport Beach, CA North Las Vegas, NV Oceanside, CA Palo Alto, CA Sacramento Area Flood Control Agency, CA Salinas, CA San Benito County, CA San Bernardino Associated Governments, CA San Mateo, CA Santa Ana, CA Stockton, CA Thousand Oaks, CA Ventura, CA Walnut Creek, CA Yolo County, CA (Assistant County Counsel) LIBRARY Corona, CA Folsom, CA Palos Verdes Library District, CA Stockton -San Joaquin County Public Library, CA 114 PARKS/RECREATION/ Newark, CA COMMUNITY SERVICES Norfolk, VA (Assistant Director) Anaheim, CA North Las Vegas, NV Arlington, TX Oceanside, CA Bakersfield, CA Ontario, CA El Segundo, CA Palmdale Water District, CA ' Emeryville, CA Petaluma, CA Half Moon Bay, CA Pomona, CA Lemoore, CA Rancho Cordova, CA " Long Beach, CA Redlands, CA Lynwood, CA (Director & Rocklin, CA Assistant Director) San Antonio Housing Authority, Maple Valley, WA TX Milpitas, CA Scottsdale, AZ Pleasanton, CA Stockton, CA Pleasant Valley Recreation and Tehama County, CA Park District, CA Wayne County, MI Pomona, CA, Yucca Valley, CA Sacramento County, CA Sacramento, CA - PLANNING San Carlos, CA Alameda, CA San Jose, CA (Director & Assistant Beverly Hills, CA Director) Centre City Development Santa Clarita, CA Corporation, CA Stockton, CA Corona, CA Ventura, CA Chula Vista, CA Whittier, CA Damascus, OR El Segundo, CA PERSONNEL/HUMAN Elk Grove, CA RESOURCES Healdsburg, CA Alameda County, CA Los Banos, CA Anaheim, CA Madera, CA Apple Valley, CA Milpitas, CA Barstow, CA (Assistant to the City Modesto, CA Manager/Human Resources) Needles, CA Benicia, CA Oceanside, CA Colusa County, CA Palo Alto, CA Corona, CA Pacifica, CA Desert Water Agency, CA Pleasanton, CA Fremont, CA Reno, NV Inland Empire Utilities Agency, CA Riverside, CA Glendale, AZ Robson Homes, CA Grants Pass, OR Roseville, CA Judicial Council of California — Sacramento, CA Administrative Office of the Santa Clara County, CA Courts, CA San Benito County, CA Las Virgenes Municipal Water Santa Cruz, CA District, CA Santa Monica, CA Moreno Valley, CA Stockton, CA Monterey Park, CA Tracy Unified School District, CA 115 Washington County, OR POLICE CHIEF/SAFETY Arroyo Grande, CA Ashland, OR Aurora, CO Bay Area Rapid Transit, CA Bellevue, WA Berkeley, CA California State University, Sacramento California State University, San Francisco Capitola, CA Carlsbad, CA Chico, CA Colton, CA Concord, CA Corona, CA Culver City, CA El Cerrito, CA Eugene, OR Fairfield, CA Folsom, CA Fullerton, CA Glendale, AZ (Chief & Assistant Chiefs) Glendora, CA Half Moon Bay, CA Hayward, CA Irvine, CA Irwindale, CA La Mesa, CA Lake Oswego, OR Littleton, CO Livingston, CA Lodi, CA Los Angeles, CA Los Angeles World Airports, CA Los Banos, CA Mammoth Lakes, CA (Interim) Manhattan Beach, CA Maywood, CA Menlo Park, CA Merced, CA Mesa, AZ Monrovia, CA Montebello, CA Monterey, CA Morgan Hill, CA North Las Vegas, NV Novato, CA Oakdale, CA Oceanside, CA Orange County, CA (Sheriff - Coroner) Palm Springs, CA Palo Alto, CA Pasadena, CA Pasadena City College, CA Peoria, AZ Petaluma, CA Pismo Beach, CA Placentia, CA Pleasanton, CA Port of Long Beach, CA Port of.San Diego, CA Port of Seattle, WA Redlands, CA Reno, NV Rio Vista, CA Rocklin, CA Roseville, CA Sacramento, CA Salinas, CA San Bernardino, CA San Diego State University, CA San Fernando, CA San Francisco, CA San Jose State University, CA San Rafael, CA Sausalito, CA Seaside, CA Signal Hill, CA South Gate, CA Sunnyvale, CA (Public Safety Director) Tulsa, OK Turlock, CA University of California, Davis, CA University of California, Santa Barbara, CA University of Oregon, OR Vacaville, CA Virginia Commonwealth University, VA Walla Walla, WA Whittier, CA 116 POLICE COMMAND STAFF PUBLIC WORKS Atascadero, CA Belmont, CA Bay Area Rapid Transit, CA Chandler, AZ California State University, Clark County, NV Sacramento Elk Grove, CA California State University, San Fresno, CA Francisco Galt, CA Menlo Park, CA Grants Pass, OR Pleasanton, CA Half Moon Bay, CA Santa Rosa, CA Healdsburg, CA Port of San Diego, CA Huntington Beach, CA University of California, Merced, Inglewood, CA CA Lathrop, CA Los Banos, CA POLICE OVERSIGHT Mammoth Lakes, CA Bay Area Rapid Transit, CA Maple Valley, WA (Independent Police Auditor) Modesto, CA San Francisco, CA (Director of Monrovia, CA Office of Citizen Complaints) Morro Bay, CA San Jose, CA (Independent Police Needles, CA (Utilities Director) Auditor) Pico Rivera, CA Pismo Beach, CA PUBLIC AFFAIRS/ Pomona, CA (Director & Deputy INTERGOVERNMENTAL Director) - RELATIONS DIRECTOR Poway, CA Beverly Hills, CA Redlands, CA Rancho Cordova, CA Roseburg, OR Thornton, CO Roseville, CA San Diego Regional Airport San Benito County, CA Authority, CA San Carlos, CA West Basin Municipal Water San Diego, CA (Utilities Director) District, CA San Jose, CA (Deputy Director) Santa Cruz, CA PUBLIC SAFETY South Pasadena, CA COMMUNICATIONS Stockton, CA (Deputy Director) Aurora, CO Sumter County, FL Clackamas County, OR Tehama County, CA Heartland Communications Facility Tiburon, CA Authority, CA Upland, CA San Francisco, CA Woodland, CA San Jose, CA Santa Cruz Consolidated PURCHASING Emergency Communications Central Contra Costa Sanitary Center, CA District, CA (Purchasing & Washington County Consolidated Materials Manager) Communications Agency, OR Housing Authority of the City of Yolo Emergency Communications Los Angeles (Director of General Agency, CA Services) Tacoma, WA (Purchasing Manager) 1 1 7 RISK MANAGEMENT Monterey Regional Waste Central Contra Costa Sanitary Management District, CA District, CA (Safety & Risk Monterey Regional Water Pollution Management Administrator) Control Agency, CA Central Marin Sanitation Agency, Oro Loma Sanitary District, CA CA (Director of Safety and Richmond, CA Training) Ross Valley Sanitary District, CA Riverside Transit Agency, CA (Risk Salinas Valley Solid Waste Manager) Authority, CA Sanitary District No. 5 of Marin TECHNOLOGY County, CA Clark County, NV San Jose, CA Durham, NC Sewer Authority Mid-Coastside, Fresno, CA CA Hayward, CA South Bayside Waste Management Hillsboro, OR Authority, CA Inland Empire Utilities Agency, CA Stockton, CA Modesto, CA Union Sanitary District, CA San Francisco, CA West Contra Costa Integrated State Bar of California Waste Management Authority, CA TRANSPORTATION WATER Association of Monterey Bay Area Arizona Municipal Water Users Governments, CA Association, AZ Elk Grove -Rancho Cordova -El Aurora, CO Dorado County Connector Joint Bakersfield, CA Powers Authority, CA Calaveras County Water District, Omnitrans, CA CA San Diego Association of Joshua Basin Water District, CA Governments, CA Kennewick Imgation District, CA San Joaquin Council of Phoenix, AZ Governments, CA Reclamation District 1000, CA Santa Clarita, CA (District Engineer) Washington County, OR Sacramento Area Flood Control West Contra Costa Transportation Agency, CA Advisory Committee, CA San Jose, CA San Luis Obispo County, CA WASTE WATER/SANITATION/ Santa Clara Valley Water District, SOLID WASTE CA Central Contra Costa Sanitation South Placer Municipal Utility District, CA District, CA Central Contra Costa Solid Waste Stockton, CA Authority, CA Sweetwater Springs Water District, Central Marin Sanitation Agency, CA CA Valley of the Moon Water District, Dublin San Ramon Services CA District, CA Walnut Valley Water District, CA East Bay Dischargers Authority, CA 118 OTHER Bay Area Air Quality Management District, CA (Deputy Air Pollution Control Officer) Benton County, OR (Health Director) Broward County, FL (Port Everglades Director of Business Development) Bureau Veritas, CA (Vice President — Operations) Central Contra Costa Sanitary District (Director of Collection System Operations and Director of Plant Operations) Cordova Recreation & Park District (District Administrator) Government Services Group, Inc. (Municipal Services Manager) Housing Authority of the City of Los Angeles (Director of General Services) Imperial Irrigation District (Assistant Manager of Construction Operations and Maintenance) Hilton, Farnkopf, and Hobson LLC (Manager/Vice President) Las Vegas Convention and Visitors Authority, NV (Director of Facility Projects) Monterey Bay Unified Air Pollution Control District, CA (Air Pollution Control Officer) Peoria, AZ (Community Services Director) Port of Long Beach, CA (Managing Director) Port of Los Angeles, CA (Executive Director of Port Technologies Development Center) Port of San Diego, CA (Senior Director of Real Estate) Robson Homes (Forward Planner and Land Acquisition Manager) Sacramento, CA (Preservation Director) Sacramento, CA (Urban Design Manager) San Jose, CA (Assistant Director of Environmental Services) San Manuel Band of Tribal Indians, CA (Tribal Manager) State Bar of California, CA (Chief Information Officer) Superior Court of California, County of San Luis Obispo, CA (Assistant Court Executive Officer) Washoe County, NV (Senior Services Director) Washoe County, NV (Social Services Director) 119 ATTACHMENT 3 CONTRACT SERVICES AGREEMENT THIS CONTRACT SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and an executive search firm (the "Contractor"). RECITALS WHEREAS, the former City Manager of the City.of La Quinta ("City") passed away suddenly on November 20, 2011, leavirig..the position of City Manager vacant; WHEREAS, the City's current effective May 31, 2012, which will I WHEREAS, the City Council desires' firm to assist in the process df,.,hiring a Manager and Finance Director and .'T WHEREAS, a Request for ProF issued on December 13; 2011, withi a supplemental regUes`t" vitas issued incorporating the search for a:Fnance WHEREAS, fou and 'Director has,,' as tendered his resignation position of Finance, Director vacant; a recruitment for the City the City;,,Manager recruitment was > due by'or:before January 3, 2012; uary" .9 ,for supplemental proposals into theCity Manager search; and I from prospective recruitment firms; `WHEREAS, the} ;proposals, were "Yeviewed and evaluated by a Review Committee comprised `of' Mark Weiss, Interim City Manager, Terry Deeringer, Human Resources/General; Services Manager, and John Falconer, Finance Director, with respect !tr?,. experierce; and background, proposed rates, references and guarantees, and other aspects of such proposals; and WHEREAS, the "Review Committee recommended the top three firms for interviews with the City Council, which occurred on January 17, 2012; and WHEREAS, based on the submitted documentation, Review Committee recommendations, and interviews, the City Council recommended on the basis that it offers the best combination of experience, background and knowledge regarding recruitment in the areas that are of interest to the City. NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises, covenants, and conditions contained herein, the parties agree as follows: to Last Revised a01/12/12 120 1.0 SERVICES OF CONTRACTOR 1.1. Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to recruitment of a City Manager and a Finance Director, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or .work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2. Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3. Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4. Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5. Standard of Care. Contractor acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Contractor represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as Last Revised 07/13/10 2 IN 121 may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 1.6. Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services only when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7. Special Requirements. Additional terms and conditions of this Agreement, if any, are set forth in Exhibit "D (the "Special Requirements") which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1. Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed the maximum contract amount of IS 1 (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2. Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay " 122 Last Revised 07/13/10 _3 Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1. Time of Essence. Time is of the essence in the performance of this Agreement. 3.2. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3. Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4. Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1. Representative of Contractor. The following principals of Contractor are hereby designated as being the ,principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to Last Revised 07/13/10 -4- 123 enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2. Contract Officer. The Contract Officer shall be Mark Weiss, Interim City Manager, or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not subcontract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any attempted or purported assignment or sub- contracting by Contractor without the City's express written approval shall be null, void and of no effect. 4.4. Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to Last Revised 07/13/10 -5- 1 4 124 City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.4. 4.5. City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 5.0 INSURANCE. 5.1. Insurance. Prior to the beginning any Work under this Agreement and throughout the duration of the term of this Agreement, Contractor shall procure and maintain, at its sole cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance coverage required by this Agreement shall be placed with insurers authorized to do business in the State of California with an A,M, Best and Company rating level of A- or better, Class VI or better, unless otherwise approved by the City's Risk Manager in writing. 5.1.1. Minimum Coverage. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. b. Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, including hired and non - owned automobile liability with a minimum limit of $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Contractor's commercial general liability policy. C. Contractor shall carry Workers' Compensation Insurance complying with California's worker's compensation laws, including statutory limits for workers' compensation and an Employer's Liability limit no less than $1,000,000 per accident or disease. 5.1.2. Required Endorsements. Liability insurance policies required to be provided by Contractor hereunder shall contain or be endorsed to contain the following provisions: a. City, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Last Revised 07/13/10 -6- 125 Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b. General and automobile liability 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. Coverage will not be limited to City's vicarious liability. C. Liability coverage shall be primary and non-contributing with any insurance maintained by the City. d. Each policy required hereunder, and the associated evidence of coverage (including the workers' compensation and employer's liability policies), shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days' prior notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. 5.1.3. Verification of Coverage. Contractor shall deposit with City within fifteen (15) days of execution of the Contract certificates of insurance evidencing the coverage required hereunder and all required endorsements. 5.1.4. No Waiver or Obligation. There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Contractor hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. 126 Last Revised 07/13/10 -7- 5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City 5.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City. All coverages for subcontractors, if any, shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City's Risk Manager. 6.0 INDEMNIFICATION. 6.1 Indemnification. 6.1.1.Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability, claims, suits, actions arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney fees incurred by City, court costs, interest, defense costs including fees of expert Contractors or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable in whole or in part to the performance of this agreement. All obligations under this provision are to be paid by Contractor as the City incurs them. 6.1.2. Exception to Contractor's Obligation to Indemnify. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. Last Revised 07/13/10 -s- N 127 6.1.3. Contractor Acknowledgment. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. 6.1.4.Indemnity Provisions for Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 6.1.5. No Waiver; Survival. Failure of City to monitor compliance with the requirements of this Section 6.1 imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. Contractor's obligation to indemnify and defend City as a set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. 6.2. Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. N 128 Last Revised 07/13/10 -9- 7.0 RECORDS AND REPORTS. 7.1. Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 7.2. Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3. Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4. Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.5. Confidentiality. Contractor covenants that all data, documents, discussion, or other information, if any, developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor to any person or entity without prior written Last Revised 07/13/10 -1 0- - 129 authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 8.0 ENFORCEMENT OF AGREEMENT. 8.1. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that. nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.8. 8.3. Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 8.4. Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 130 Last Revised 07/13/10 -1 1- 8.5. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6. Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover. damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7. Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3., 8.8. Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1. Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Last Revised 07/13/10 -1 2- 4 131 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2. Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3. Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1. Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Contractor: CITY OF LA QUINTA Attn: Mark Weiss, Interim City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 10.2. Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material Last Revised 07/13/10 -1 3- ' N 132 discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail except as otherwise provided in Section 1.7. 10.4. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.5. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.6. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTOR: a California municipal corporation MARK WEISS, Interim City Manager Dated: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk, La Quinta, California Name: Title: 133 Last Revised 07/13/10 -1 4- APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 134 Last Revised 07/13/10 -1 5- Exhibit A Scope of Services 135 Last Revised a01/12/12 Exhibit B Schedule of Compensation Payment shall be in accordance with the Contractors Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work performed under the Agreement shall not exceed Dollars ($ Section 1.6 - Additional Services of the Agreement. Payment Schedule is as follows: except as specified in 136 Last Revised 07/13/10 -2 Exhibit C Schedule of Performance Contractor shall complete all services within this agreement by June 30, 2012. Last Revised a01/12/12 Exhibit D Special Requirements None. 10 138 Last Revised a01/12/12 auk' F y OF TKF AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 17, 2012 CONSENT CALENDAR: ITEM TITLE: Consideration of Athletic Honors STUDY SESSION: _ Acknowledgement Area Applications PUBLIC HEARING: RECOMMENDATION: Approve the addition of the names of Ron Davis and Tyler Brown to the Athletic Honors Acknowledgment Area and ceremony. FISCAL IMPLICATIONS: The total cost of adding the names to the bronze plates will be approximately $100. There is sufficient funding in the Art in Public Places Fiscal Year 2011/2012 budget Account No. 270-000-451.43-75. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Mr. Ron Davis has been a La Quinta resident since 2005. His athletic abilities in Football, Basketball, and Baseball earned him the honor of being inducted into the University of Redlands Athletics Hall of Fame. Most of his other achievements are in the field of athletic administration. Mr. Davis is the former President of the National Athletic Directors Association, and former California Athletic Director of the Year. Mr. Tyler Brown has been a resident of La Quinta since 2000. His achievements are in Track and Field. Tyler broke the 400 meter dash record as a freshman, and then again as a sophomore at La Quinta High School. He currently holds three high schools racing records and competed in the 2007 Junior Olympics. 40 139 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the addition of the names of Ron Davis and Tyler Brown to the Athletic Honors Acknowledgment Area and ceremony; or 2. Do not approve the addition the names of Ron Davis and Tyler Brown to the Athletic Honors Acknowledgment Area and ceremony; or 3. Provide staff with alternative direction. Respectfully submitted, ,,/,Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager " 140 COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Consideration of an Extension to the Agreement to Share Transient Occupancy Tax Revenue with L. Q. Hospitality, LLC for the Homewood Suites Located at 45-200 Washington Street RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of the requested 24-month extension would require the City to continue to pay 40% of the Transient Occupancy Tax ("TOT") generated by the Homewood Suites Hotel to the hotel's owner, L. Q. Hospitality, LLC. It is estimated that the requested extension would result in L. Q. Hospitality, LLC, receiving an additional $160,000 to $240,000 in TOT rebates. As of November 30, 2011, L. Q. Hospitality has been paid a total of $204,051, which is $95,949 less than the maximum payment cap amount of $300,000. The Homewood Suites' 40% share of TOT has averaged from $20,000 - $30,000 per quarter. There is one quarter left in the TOT Sharing agreement's current term. Therefore, it is estimated the hotel would receive between $20,000 and $30,000 for the final quarter of the agreement's current term. With this additional payment, L.Q. Hospitality will not reach the maximum payment cap provided for in the agreement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Homewood Suites Hotel, owned by L. Q. Hospitality, LLC ("Owner"), opened in August 2007, but closed on August 26, 2009 due to financial constraints. At that time, the hotel was unable to generate enough revenue to cover interest payments on a loan from Canadian Imperial Bank of Canada ("CIBC"). In October 2009, the Owner proposed a TOT sharing agreement that would defray operating costs; thus freeing up funds to help cover the above -mentioned interest payments, and in turn, facilitating a one-year extension on the CIBC loan, which allowed the hotel to re -open. The City Council directed staff to negotiate a TOT Sharing Agreement, providing a 40% TOT rebate to the Owner for a period of two years, with a cap of $300,000. The TOT Sharing Agreement and the accompanying Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property ("CC&R's") (Attachment 1) were approved by the City Council on February 16, 2010. The agreement's term is two years, and requires the City to make a quarterly payment to the Owner in the amount of 40% of the TOT received during the applicable quarter. The maximum cumulative amount the Owner could receive was $300,000. As consideration for these payments, the Owner agreed to continuously operate and maintain the Hotel during the two-year term. The TOT Sharing Agreement will expire in February 2012. The City has received a total of $510,127 in TOT from the Homewood Suites since the TOT Sharing Agreement was executed through November 2011. The Hotel has been rebated 40% of that amount, $204,051, which is $95,949 less than the cap amount of $300,000. Section 4.1.1 (b) of the CC&R's states that, if at the end of the Operating Period (two years), the cap amount has not been reached, the City shall have no further obligation to continue making TOT rebate payments. The Owner has submitted a request to extend the term of the TOT Sharing agreement by 24 months (Attachment 2). According to the Owner, the rationale for the Owners' request is that its lender, CIBC, has been willing to renew the loan partially due to the income from the TOT Sharing Agreement. The City's economic development consultant, RSG, has reviewed the financial information provided by the Owner, and concluded that while the financial information indicates that the TOT rebate improved the annual profitability of the Homewood Suites operation, the financial information does not demonstrate that continuing the rebate would ensure that CIBC would extend its loan. In 2011, the rebate increased net profit for the Hotel (revenue less expenditures after debt service interest payment) from 6.5% to 10%. There are several factors to take into account when considering this request. The City has seen a steady decline in revenues over the past three years due to the economy. While the City has made a concerted effort to reduce expenditures, it became necessary in Fiscal Year 2011/2012 to use $3.1 million in General Fund reserves to to 142 balance the budget. The City Council further authorized setting aside an additional $7.5 million in General Fund reserves to cover future operational deficits over the next three years. In addition, the recent Supreme Court ruling that abolished redevelopment will have an effect on the City's General Fund in terms of the ability to fund future economic development and capital improvement projects. It should be noted that there are other active TOT and sales tax sharing agreements, including a recently -expired TOT Sharing Agreement with Embassy Suites, and sales tax sharing agreements with Costco and Kohl's. The agreement with Costco will expire in January 2016 and Kohl's agreement will expire in April 2013 — both agreements have dollar amount caps which have not yet been met. As part of the Annual Financial Management Review, staff will be presenting revenue projections that assess the impacts of eliminating redevelopment, when combined with the reduced or stagnant revenues due to the recession, have on the General Fund. As part of this year's strategic plan endeavor, staff will be outlining revenue enhancement (including possible tax alternatives) and expenditure reduction options. The City Council will have a more comprehensive representation of the City's fiscal health and its options with respect to fiscal sustainability through the strategic planning process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the request and direct staff and legal counsel to negotiation Agreement amendments for City Council consideration; or 2. Deny the request; or 3. Continue final consideration until the options to be presented in the Annual Financial Management Review are considered by the City Council in February 2012; or 4. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager of 143 Approved for submission by: II�-.�s Q Mark Weiss, Interim City Manager Attachments: 1. TOT Sharing Agreement and the accompanying Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property 2. Request to Extend TOT Sharing Agreement 144 ATTACHMENT AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE This AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE (the "Agreement") is entered into this 1I S'* day of 1,-l"L*- 2010, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and L.Q. HOSPITALITY, LLC, a California limited liability company ("L.Q. Hospitality'l (individually a "Party" and collectively the "Parties'). RECITALS A. L.Q. Hospitality owns fee title to that certain real property consisting of approximately 3.42 acres of land area located at 45-200 Washington Street, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" (the "Site"). B. L.Q. Hospitality has developed on the Site a hotel containing 130 guest rooms, a pool, exercise facility, and other related amenities (the "Hotel"). L.Q. Hospitality has obtained the necessary rights to operate the Hotel under the flagship name "Homewood Suites." C. L.Q. Hospitality commenced operating the Hotel in August of 2007, but closed the Hotel for business on or about August 26, 2009, as a result of financial constraints. D. To facilitate the reopening of the Hotel, which occurred on or about January 19, 2010, L.Q. Hospitality has entered into, among other documents, that certain Loan Modification Agreement with Sharon French, Dennis D. French, Janice A. Oliphant, Richard R. Oliphant, and CIBC Inc. (the "Lender"), dated December 23, 2009 (the "Loan Modification Agreement"), that certain Assignment and Subordination Agreement with the Lender and Vesta Hospitality, LLC, a Washington limited liability company ("Vesta"), dated December 23, 2009 (the "Subordination Agreement"), that certain Cash Management Agreement with Lender and Pacific Western Bank, a California state -chartered bank, dated on or about February 26, 2010 (the "Cash Management Agreement"), that certain Hotel Management Agreement with L.Q. Hospitality and Vesta, dated December 14, 2009 (the "Management Agreement"), and that certain Franchise License Agreement with HLT Existing Franchise Holding, LLC, dated March 11, 2003, as amended, amended and restated, supplemented or otherwise modified from time to time, and any reinstatement agreement thereof • (the "Franchise Agreement"). The Loan Modification Agreement, Subordination Agreement, Cash Management Agreement, Management Agreement, and Franchise Agreement are collectively referred to as the "Hotel Documents". E. Pursuant to the Hotel Documents, L.Q. Hospitality is required to establish the "Lock Box Account" with Pacific Western Bank, and Vesta is thereafter required to deposit therein, after deduction of certain sums as specified in the Subordination Agreement, all revenues, income, proceeds and profits of the Hotel. The Lock Box Account is required to be under the sole dominion and control of Lender. F. In consideration for L.Q. Hospitality's execution of an Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property substantially in the form attached hereto and incorporated herein as Exhibit "B" (the "Covenant Agreement"), City has 88VOI56104061 1053946.06 e02R5110 1 n 5 agreed to make certain periodic payments to L.Q. Hospitality to assist L.Q. Hospitality in the continued operation of the Hotel, for deposit into the Lock Box Account, in an amount equal to a portion of the transient occupancy tax generated by the Hotel (the "Transient Occupancy Tax"), subject to and in accordance with the other terms and conditions set forth in this Agreement and the Covenant Agreement. G. By its approval of this Agreement, the City Council of City has found and determined as follows: (i) that the value to the City of L.Q. Hospitality's performance of its obligations set forth in the Covenant Agreement in each fiscal year during which City payments are to be made (in terms of economic revitalization, generation of additional local tax revenues that will help to fund vital public services, provision of expanded and more accessible hotel guest rooms and related amenities for persons wishing to visit the City for business or pleasure, and job growth and retention) will be not less than the amount of such payments; and (ii) that the imposition of the covenants and use restrictions upon the Site pursuant to the Covenant Agreement in exchange for the payments to be made by City constitutes a valid public purpose. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and L.Q. Hospitality hereby agree as follows: 1. Defined Terms. Any capitalized terms contained in this Agreement, which are not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant Agreement. 2. Execution and Recordation of Covenant Agreement. Concurrently with City's and L.Q. Hospitality's execution of this Agreement, L.Q. Hospitality shall fill in the blanks, date, and execute, with signatures notarized, the Covenant Agreement, and L.Q. Hospitality shall record the Covenant Agreement against the Site and provide a copy of the recorded Covenant Agreement to City. City agrees to cooperate in the recordation of the Covenant Agreement against the Site, at no cost to City, and the City Manager or his designee is hereby authorized on behalf of City to execute all documents and take all actions necessary or appropriate to implement this Agreement. 3. Termination of Aueement. This Agreement shall automatically terminate and be of no further force or effect upon termination of the Covenant Agreement, in accordance with the terms thereof. 4. Assignment. L.Q. Hospitality shall not assign, hypothecate, encumber, or otherwise transfer any of its rights and/or obligations set forth in this Agreement and/or the Covenant Agreement to any other person or entity without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion. 5. Cooperation in the Event of Legal Challenge: Validation Action. In the event any third party files an action seeking to invalidate this Agreement or the Covenant Agreement or seeking any equitable remedy that would prevent the full performance hereof or thereof, City and L.Q. Hospitality agree to cooperate in the defense of such action. Such cooperation shall SM15610-Mi 1053U6.06&=5110 146 include, without limitation: (i) an agreement by each Party to not default or allow a compromise of said action without the prior written consent of the other Party; (ii) an agreement by each Party to make available to the other Party all non -privileged information necessary or appropriate to conduct the defense of the action; and (iii) an agreement by each Party to make available to the other Party, without charge, any witnesses within the control of the first Party upon reasonable notice who may be called upon to execute declarations or testify in said action. L.Q. Hospitality shall pay all of the City's costs and expenses (including attorneys' fees) and the City shall have the sole right to select its legal counsel In addition to the foregoing, if L.Q. Hospitality delivers a written request for such action to City (c/o the City Manager) not later than thirty (30) days after the date the City Council of City approves this Agreement at a public meeting, City shall file an action in Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 el seq. to validate this Agreement and the Covenant Agreement and each and every one of its and their provisions. In such event, City and L.Q. Hospitality shall reasonably cooperate in drafting the complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and filings as may be required or desirable in connection with the validation action. City and its legal counsel shall file and prosecute the validation action, but shall reasonably coordinate and cooperate with L.Q. Hospitality concerning the drafting of pleadings and other documents and with regard to the litigation strategy to be employed. L.Q. Hospitality shall reimburse City within fifteen (15) days after written demand therefor for all costs ("Costs") of the validation action incurred by City. Costs include without limitation, attorney's fees, filing fees and court reporter fees (if any), costs of publication and to effectuate service of process, reasonable photocopying and other reproduction charges, travel time and mileage expenses, and other costs and expenses reasonably incurred by City. In the event of an appeal of such action, the Parties shall cooperate with respect to the appeal to the same extent as at the Superior Court level of the proceedings. Upon the entry of a final non -appealable judgment of any court with jurisdiction . invalidating or enjoining the performance of any material covenant set forth in this Agreement or the Covenant Agreement, this Agreement and the Covenant Agreement shall automatically terminate without the need of further action by either Party, except that any reimbursement obligations of L.Q. Hospitality shall survive such termination. 6. Compliance with Laws. During the entire Operating Period, L.Q. Hospitality shall operate the Hotel on the Site in conformity with all applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that L.Q. Hospitality does not waive its right to challenge the validity or applicability thereof to L.Q. Hospitality or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel, including, without limitation, all of the conditions of approval issued in connection therewith. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel was not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter I of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related e821W5610-0061 _3_ 1053946 06102/25/10 to 147 thereto, and L.Q. Hospitality expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or L.Q. Hospitality's development thereof. L.Q. Hospitality shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with L.Q. Hospitality's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 7. Compliance with Hotel Documents and Loan Documents. During the entire Operating Period, L.Q. Hospitality shall operate the Hotel on the Site in conformity with all of the requirements set forth in the Hotel Documents and in the "Loan Documents" (as that term is defined in the Loan Modification Agreement). 8. Representation and Waal Regarding Hotel. L.Q. Hospitality represents and warrants to the City that (i) it continues to retain the necessary rights to operate the Hotel under the flagship name "Homewood Suites"; and (ii) all of the Hotel Documents and Loan Documents are in full force and effect, (ii).L.Q. Hospitality is not in default of any of its obligations under the Hotel Documents and/or Loan Documents, and (iii) there are no existing conditions or occurrences that, with the passage of time, would constitute a default under any of the Hotel Documents and/or Loan Documents. 9. Integration and Amendment. This Agreement and the Covenant Agreement attached hereto constitute the entire agreement by and between the Parties pertaining to the specific subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by both Parties. 10. Notices. Notices to be given by City or L.Q. Hospitality hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery confirmation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If delivered personally, service will be considered completed and binding on the Party served on the date of such personal delivery. If notice is to City: Notices delivered by U.S. mail: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attention: Tom Genovese, City Manager 982/015610.0061 _4_ 11 1 1053946.06 a07RN10 Notices delivered personally or by overnight courier: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney If notice is to L.Q. Hospitality: with a copy to L.Q. Hospitality, LLC 77-900 Avenue of the States Palm Desert, California 92211 Attention: Richard R. Oliphant Mayer Brown LLP 1675 Broadway New York, NY 10019 Attention: Douglas L. Wisner, Esq. 11. Authority to Execute. 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 Parry 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. 12. Counterparts. This Agreement may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 13. Legal Actions. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Patty may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. City shall also have the right to pursue damages for L.Q. Hospitality's defaults but in no event shall L.Q. Hospitality be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by L.Q. Hospitality paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Agreement but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any 1 821015610-0061 1053946 06 a02125l10 149 kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 14. Nonliability of City Officials. No member, official or employee of the City shall be personally liable to L.Q. Hospitality, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to L.Q. Hospitality or its successors, or on any obligations under the terms of this Agreement or the Covenant Agreement. [End — Signature page follows] 9"156M.0061 150 1053946.06 aMI25110 -6- n IN WITNESS WHEREOF, City and L.Q. Hospitality have executed this Agreement to be effective as of the date first set forth above. Date: 3` / '2010 ATTEST: By: f 11 n Veronica J.tecino, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 0 M. Katherine Jenson, City Attorney 2010 Date: 2010 "City" CITY OF LA QUINTA, a`Ca�lifforrrnia municipal corporation Thomas P. Genovese, City Manager "L.Q. Hospitality" L.Q. HOSPITALITY, LLC, a California limited liability company By: Equity Directions, Inc., a California corporation Its: Manager By: Dennis D. French Its: President By: Oliphant Enterprises, Inc., a California corporation Its: Manager By: Richard R. Oliphant Its: President 882A15610-W61 1053946.06 aOM5110 -7- 15 ) N 1 IN WITNESS WHEREOF, City and L.Q. Hospitality have executed this Agreement to be effective as of the date first set forth above. Date: 2010 ATTEST: M Veronica J. Montecino, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: - A. Z� — lf Katherine Jenson, City Attorney Date: 2010 Date: 2010 "City„ CITY OF LA QUINTA, a California municipal corporation By: Thomas P. Genovese, City Manager "L.Q. Hospitality" L.Q. HOSPITALITY, LLC, a California limited liability company By: Equity Directions, Inc., a California corporation Its: Manager By: Dennis D. French Its: President By: Oliphant Enterprises, Inc., a California corporation Its: Manager By: Richard R. Oliphant Its: President 8821015610-0061 .1 152 1053846,06 a02/25/10 -7- IN WITNESS WHEREOF, City and L.Q. Hospitality have executed this Agreement to be effective as of the date first set forth above. "City" CITY OF LA QUINTA, a California municipal corporation Date:_ 2010 By: Thomas P. Genovese, City Manager ATTEST: M Veronica J. Montecino, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney Date:. "w 2010 Date:sGa3 1 , 2010 S92/015610-0061 1053946.06 a=5110 -7- "L.Q. Hospitality" L.Q. HOSPITALITY, LLC, a California limited liability company By: Equity Directions, Inc., a California corporation Its: Manager By. / i De is D. rench 71 Its: President By: Oliphant Enterprises, Inc., a California corporation Its: Manager By: Richard R. Oliphant Its: President 153 EXHIBIT "A" LEGAL DESCRIPTION OF SITE Parcel A: Parcel 4 of Parcel Map No. 31116, in the City of La Quinta, County of Riverside, as shown by Map on file in book 212 pages 60 to 66 inclusive of Parcel Maps, records of Riverside County, California. Except therefrom all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, without the right of surface entry, as reserved and/or granted in the document(s) recorded December 9, 2004 as Instrument No. 2004-979137, Official Records. Parcel B: A non-exclusive easement for parking, motor vehicle and pedestrian ingress and egress and for installation, use and maintenance of underground public utilities over all those portions of Parcel 1, 2 and 5 of Parcel Map No. 31116, in the City of La Quinta, County of Riverside, State of California, as shown by Map on file in book 202, page(s) 60 to 66 inclusive of Parcel Maps, records of Riverside County, recorded on April 19, 2006 as file no. 2006-0280726 Official Records, Riverside County as shown and delineated as paved motor vehicle driveways, pedestrian access areas and parking areas on said Parcel Map 31116. 882/015610-11061 " 154 1053846.06 s02M/10 EXHIBIT "A" EXHIBIT "B" [See following document] e82)015610.0061 a of 155 1053846.06 MU] 0 EXHIBIT " B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL. TO: DOC # 2010-0113456 03/11/2010 08:00A Fee:NC Page 1 of 20 Recorded in Official Records County of Riverside Larry U. Yard Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 City of La Quinta S R U PAGE SIZE DA MISC LONG RFD COPY P.O. Box 1504 . La Quinta, CA 42247 A L 465 426 PCOR NCOR SM NCHG 6xnrn Attn: City Clerk q / T: CTY UNI ibr EXEMPT FROM RECORDER'S FEE PER GOV. CODE 627393 y-7 This AGREEMENT CONTAINING COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING REAL PROPERTY (the "Covenant Agreement") is entered into as of this lu" day of 1-la.cl. , 2010 (the "Commencement Date"), by and between the CITY OF LA QUINTA, a California municipal corporation ("City'), and L.Q. Hospitality, LLC, a California limited liability company ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 3.42 acres of land area located at 45-200 Washington Street, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit No. I and incorporated herein by this reference (the "Site'). B. Owner has developed on the Site a hotel containing 130 guest rooms, a pool, exercise facility, and other related amenities (the "Hotel"). Owner has obtained the necessary rights to operate the Hotel under the flagship name of "Homewood Suites." C. Concurrently herewith, City and Owner have entered into that certain unrecorded Agreement to Share Transient Occupancy Tax Revenue (the "Agreement") which provides for the recordation of this Covenant Agreement against the Site. D. In consideration for Owner's rights and obligations set forth in the Agreement and within this Covenant Agreement, City has agreed to make certain payments to Owner, for deposit into the "Lock Box Account," the amount of which are measured by the "Transient Occupancy Tax" (as those terms are defined below) generated by the operation of the Hotel on the Site. City and Owner have agreed that the portion of Transient Occupancy Tax required to be paid by City to Owner hereunder during each "Quarter" of the "Operating Period" (as those terms are defined below) provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. 192/015610.0061 1053946.06 a02125110 -1- � 156 COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: 1. DEFINED TERMS. The following terms when used in this Covenant Agreement shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital C of this Covenant Agreement. The term "Cash Management Agreement" shall mean that certain Cash Management Agreement entered into on or about February 26, 2010, by and among Owner, Lender, and Pacific Western Bank, a California state -chartered bank. The term "Commencement Date" shall mean the first day of the first month following the date this Covenant Agreement is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant Agreement. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(b) of this Covenant Agreement. The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant Agreement. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Franchise Agreement" shall mean that certain Franchise License Agreement with HLT Existing Franchise Holding, LLC, entered into on March 11, 2003, as amended, amended and restated, supplemented or otherwise modified from time to time, and any reinstatement agreement thereof. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant Agreement. The term "Hotel" shall have the meaning described in Recital B. The term "Hotel Documents" shall mean, collectively, the Loan Modification Agreement, Subordination Agreement, Cash Management Agreement, Management Agreement, and Franchise Agreement. 88MI5610-0061 it 15 7 1053846,06 a020110 -2- The term "Lender" shall mean CIBC Inc. The term "Loan Documents" shall have the meaning set forth in the Loan Modification Agreement, The term "Loan Modification Agreement' shall mean that certain Loan Modification Agreement entered into on December 23, 2009, by and among Owner, Sharon French, Dennis D. French, Janice A. Oliphant, Richard R. Oliphant, and the Lender. The term "Lock Boa Account' shall mean that certain account Owner is required to establish with Pacific Western Bank pursuant to the Loan Modification Agreement, and into which Vesta is required to deposit, after deduction of certain sums as specified in the Subordination Agreement, all revenues, income, proceeds and profits of the Hotel. The Lock Box Account is required to be under the sole dominion and control of Lender. The term "Management Agreement' shall mean that certain Hotel Management Agreement entered into on or about December 14, 2009, by and between Owner and Vesta. The term "Municipal Code" shall mean the La Quinta Municipal Code. The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean any of the following three (3) month periods during the Operating Period July 1—September 30, October 1—December 31, January I —March 31, or April 1 — June 30. The term "Site" shall have the meaning ascribed in Recital A of this Covenant Agreement. The term "Subordination Agreement' shall mean that certain Assignment and Subordination Agreement entered into on December 23, 2009, by and among Owner, Lender, and Vesta. The term "TermirretiinDate' shall-rnean-the-date that-is=the=earliest of=(i)=tl+e date that The term "Transient Occupancy Tax" means, for each month, or part thereof, during the Operating Period, that portion of transient occupancy taxes reported and remitted by Owner to City pursuant to Chapter 3.24 of the Municipal Code, that are generated from the use and occupancy of guest rooms in the Hotel. Notwithstanding anything herein to the contrary, Transient Occupancy Tax shall not include any interest or penalty that has been paid by Owner pursuant to Chapter 3.24 of the Municipal Code, and any costs the City incurs in enforcing Chapter 3.24 of the Municipal Code 1 92N15610-0061 -3- 1053946.06 e02/25/10 15 or any provision of this Agreement shall be deducted from the amount of Transient Occupancy Tax that is received by the City prior to calculating the amount of a Covenant Payment. The term "Vesta" shall mean Vesta Hospitality, LLC, a Washington limited liability company. 2. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to continue operating the Hotel. Owner's obligations to continuously operate the Hotel until the Termination Date, as described in Section 3.1 below, shall be a condition to the receipt of Covenant Payments during the Operating Period. 3. OWNER'S OBLIGATIONS. 3.1 losses; rep rat s, labor steunr�, an the like, provided, however, that no such interruptions shall continue for more than five (5) days without the City's prior written consent, which consent may be withheld in City's sole and absolute discretion during the entire Operating Period). 3.2 Use Restriction. During the entire Operating Period, the Site shall not be put to any use other than the operation of the Hotel and uses ancillary thereto, and such use shall qualify as a transient occupancy use under Chapter 3.24 of the Municipal Code. 3.3 Maintenance and Repair of Site and Hotel: Landscanine. (a) During the entire Operating Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair, in accordance with the "Maintenance Standards" (as that term is hereinafter defined). Said improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site owner and any and all other improvements on the Site. (b) To comply with the maintenance obligations set forth in this Section 3.3, Owner shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Covenant Agreement. (c) The following standards ("Maintenance Standards") shall be complied with by Owner and its maintenance staff, contractors or subcontractors: 1. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions, including visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. 882/015610-0061 1053846.66 M02125/10 -4- y 159 2. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. 3. All maintenance work shall conform to all applicable federal and state Occupational Safety and Heahh Act standards and regulations for the performance of maintenance. 4. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. ' The Site and Hotel shall be maintained in conformance and in compliance with the approved Site construction and architectural plans and design scheme, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 6. The Site and Hotel shall be maintained as required by this Section in good condition and in accordance with the custom and practice generally applicable to comparable business hotels located in Riverside County. During the Operating Period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant Agreement, 3A Failure to Maintain Site and Hotel. In the event Owner does not maintain the Site or the Hotel in the manner set forth herein and in accordance with the Maintenance Standards, City shall have the right, but not the obligation, to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, in accordance with the provisions of this Section 3.4. City shall notify Owner in writing if the condition of said improvements do not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Owner to cure the deficiencies. Subject to the following sentence, upon notification of any maintenance deficiency, Owner shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City, then Owner shall have forty-eight (48) hours to correct, remedy, or cure the problem. 682/015610-0061 _5_ 160 1053846 06 OM5110 In the event Owner or any person or entity acting on behalf of Owner fails to correct, remedy, or cure after notification and after the period of correction has lapsed [or, for deficiencies that cannot reasonably be corrected, remedied, or cured within such period, if Owner or any person or entity acting on behalf of Owner has not commenced correcting, remedying or curing such maintenance deficiency within such period and diligently pursued such correction, remedy or cure to completion], then City shall have the right to maintain such improvements. Owner agrees to pay City such charges and costs. Until so paid, City shall have a lien on the Site for the amount of such charges or costs, which lien.shall be perfected by the recordation of a "Notice of Claim of Lien" against the Site. Upon recordation of a Notice of a Claim of Lien against the Site, such lien shall constitute a lien on the fee estate in and to the Site prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto; (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of any such lien for costs incurred to comply with this Covenant Agreement shall date from the date of the recordation of the Notice of Claim of Lien. Any lien in favor of City created or claimed hereunder is expressly made subject and subordinate to the Loan Documents and any other mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates his interest, of record, to such lien. Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall take title to the Site free of any lien imposed by City that has accrued up to the time of the foreclosure sale, and upon taking title to the Site, such foreclosure -purchaser shall only be obligated to pay costs associated with this Covenant Agreement accruing after the foreclosure -purchaser acquires title to the Site. Owner acknowledges and agrees City may also pursue any and all other remedies available in law or equity, Owner shall be liable for any and all attorneys' fees, and other legal costs or fees incurred in collecting said maintenance costs. 3.5 Compliance with Laws. During the entire Operating Period, Owner shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. The operation of the Hotel shall be in compliance with all of the requirements of the Conditional Use Permit issued by the City for the Hotel, including, without limitation, all of the conditions of approval issued in connection therewith. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel was not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Owner expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Owner's development thereof. Owner shall indemnify, defend, and hold the City and the City's 192(015610-0061 -6. 16J. i 1053846.06 a02W/10 representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Owner's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 3.6 C_omnliance with Hotel Documents and Loan Documents. Owner shall comply with all of Owner's obligations under the Hotel Documents and Loan Documents. Owner shall promptly provide City with copies of any notices of default received by Owner with respect to any of the foregoing documents and agreements. 3.7 Non -Discrimination. In the opening and operation of the Hotel, Owner agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, sexual orientation, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.8 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, officials, members, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's operation of the Hotel on the Site or which may be caused by any acts or omissions of the Owner under this Covenant Agreement, whether such activities or performance thereof he by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant Agreement. 4. OBLIGATIONS OF CITY. 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments; Cap. In consideration for Owner's undertakings pursuant to this Covenant Agreement, City shall make the following payments (each, a "Covenant Payment") to Owner, at the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, (b) ' Notwithstanding any other provision set forth in this Covenant Agreement to the contrary,,in-no-event-shalLthe_total-mnotmt-of-Covenant=Paymentsmadeel-by Cityto=0aner exceed -the sum of -Three -Hundred -Thousand -Dollars ($3©0;000j-(the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter, or portion thereof, of the Operating Period, and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant Agreement to the contrary, even iti-ihe-event-the-Coveeant-Payments..Cap_Amount-has-not=been 1Blro15610-0061 -7- 105384E.06 A20110 to 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Transient Occupancy Tax is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner, and that City is not pledging any portion of the actual Transient Occupancy Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Transient Occupancy Tax for the Hotel is reported and remitted to City by Owner for the final month in each Quarter, or portion thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Transient Occupancy Tax upon which the Covenant Payment amount was calculated; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payments Cap Amount. For example, if Owner files a report and remits the Transient Occupancy Tax generated during the month of March, 2010, on April 15, 2010, then City shall provide the Covenant Payment for the January -March 2010 Quarter by May 15, 2010. Promptly upon Owner's receipt of each Covenant Payment, Owner shall deposit the full amount thereof into the Lock Box Account, and such funds shall thereafter be treated in the same manner as all other funds deposited into the Lock Box Account pursuant to the Hotel Documents. Owner shall notify City in the event Owner and Lender modify the Hotel Documents so as to close or otherwise no longer require the use of the Lock Box Account. Owner and City shall thereafter meet and confer to determine an alternate means of providing that the Covenant Payments paid by the City hereunder are either applied to the outstanding mortgage recorded against the Site or toward the costs to operate the Hotel, and are not distributed, directly or indirectly, to Owner or any of Owner's constituent members. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Transient Occupancy Tax that City shall have actually received from Owner. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, including, without limitation, by reason of Owner's overpayment of tax, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly Covenant Payment to be made by City (either by City making an additional payment in the event City has underpaid a prior Covenant Payment that is due, or by City receiving a credit against the subsequent Covenant Payment in the event City has overpaid a prior Covenant Payment); provided, however, that in the event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. ESM15610-0061 -g_ 163 1053946.06 &02125/10 4.1 A Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and ai Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order to determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration. It is acknowledged by the Parties that any payments by City provided for in this Covenant Agreement are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. 4.2 Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant Agreement, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant Agreement for any Quarter (or portion thereof) during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant Agreement during such Quarter. 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Section 6.7 of this Covenant Agreement, the occurrence of any of the following shall constitute a "Default": (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant Agreement if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant Agreement, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or (iii) any representation or warranty by a Party set forth in this Covenant Agreement proves to have been incorrect in any material respect when made; or (iv) Owner closes the Hotel; or (v) Owner is in default under any of the Hotel Documents or the Loan Documents and has not cured the default within the applicable cure period (if any); or M015e10-0061 .9_ W5;sau.os.oza5no N 164 (vi) the Hotel is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant Agreement; or (vii) Owner makes any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of any of the Site, the Hotel, the Agreement and/or this Covenant Agreement without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion, or if any voluntary or involuntary successor -in -interest of the Owner acquires any rights or powers under the Agreement and/or this Covenant Agreement without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (viii) the ownership and/or control of L.Q. Hospitality, LLC changes without the prior written consent of the City; provided, however, that changes to the ownership and/or control of L.Q. Hospitality, LLC may be made so long as a minimum of fifty- one percent (51%) of the ownership and control of L.Q. Hospitality, LLC is held by either Richard Oliphant or Dennis French; or (ix) Owner refinances any existing construction, permanent, or other loans encumbering the Site without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (x) Owner, or any constituent member of Owner, (1) is the subject of an order for relief for a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; (2) applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or (3) institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property, or any similar proceeding is instituted without the consent of Owner and continues undismissed or unstayed for ninety (90) days; or (xi) any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Owner, and the appointment continues undischarged or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against the Site and is not released, vacated, or fully bonded within ninety (90) days after its issue or levy; or (xii) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site at any time during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant Agreement and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to Lender and any other mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder 9921015610-0061 -I0- I D53906.06 a0225/10 1 165 shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant Agreement plus an additional thirty (30) days. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may, at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (i), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant Agreement, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant Agreement by written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Sections 4.1.5 and 6.5. 5.4 Cumulative Remedies: No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant Agreement shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant Agreement shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Parry of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Party's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 1 6210136104061 -11- N 166 1053606.06 202a5/10 5.5 Limitations on CiV's Liability. Owner acknowledges and agrees that: (i) this Covenant Agreement shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant. to this Covenant Agreement is and shall remain solely that of contracting Parties, that the operation of the Hotel is a private undertaking, and City neither undertakes nor assumes any responsibility pursuant to this Covenant Agreement with respect to the operation of the Hotel on the Site other than as expressly provided for herein, and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant Agreement; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any occupancy or use of the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant Agreement, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant Agreement and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant Agreement may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant Agreement are for convenience of reference only and shall not affect the construction of any provisions of this Covenant Agreement. 6.3 Binding Effecti. Successors and Assigns: Assignments. This Covenant Agreement shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer its rights or obligations as set forth in this Covenant Agreement without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant Agreement be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant Agreement on the same terms and conditions set forth herein for the balance of the Operating Period. 88MI5610-0061 -12_ - N 161 1053946.06 a02/15/10 In the event of any assignment that is consented to in writing by the City, the references in this Covenant Agreement to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant Agreement may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 Legal Actions. This Covenant Agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Covenant Agreement, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Covenant Agreement. City shall also have the right to pursue damages for Owner's defaults but in no event shall Owner be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Owner paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Covenant Agreement but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 6.6 Effect of Violation of the, Terms and Provisions of this Covenant Agreement. The covenants established in this Covenant Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Covenant Agreement shall remain in effect for the periods of time specified therein. The City is deemed the beneficiary of the terms and provisions of this Covenant Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Covenant Agreement and the covenants running with the land have been provided. The Covenant Agreement and the covenants shall nun in favor of the City, without regard to whether the City has been, remains, or is an owner of any land or interest in the Site. The City shall have the right, if the Covenant Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Covenant Agreement and covenants may be entitled. 6.7 Force Maieure. Notwithstanding any other provision set forth in this Covenant Agreement to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure 882/015610-0061 1053806A6 s021251I0 - 3 q necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency; litigation by third parties challenging the validity or enforceability of the Agreement or this Covenant Agreement; and acts of God (collectively, "force majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Hotel shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.8 Notices. Notices to be given by City or Owner hereunder may be delivered personally or may be delivered by certified or registered mail, postage prepaid, or by reputable overnight delivery service providing a delivery confirmation receipt with time and date of delivery, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt if delivered personally, service will be considered completed and binding on the Party served on the date of such personal delivery. If notice is to City: Notices delivered by U.S. mail: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attention: Tom Genovese, City Manager Notices delivered Personally or by ovemiaht courier: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney If notice to Owner: L.Q. Hospitality, LLC 77-900 Avenue of the States Palm Desert, California 92211 Attention: Richard Oliphant 882/015610-M61 -14- 51 1 105384606 a02125/10 with a copy to: Mayer Brown LLP 1675 Broadway New York, NY 10019 Attention: Douglas L. Wisner, Esq. and to Lender: CIBC Inc. 200 West Madison Street, Suite 2610 Chicago, Illinois 60606 Attention: Real Estate Group 6.9 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant Agreement; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 6.10 Third Parry Beneficiaries. With the exception of the specific provisions set forth in this Covenant Agreement for the benefit of Holder, there are no intended third party beneficiaries under this Covenant Agreement and no such other third parties shall have any rights or obligations hereunder. [End — Signature page follows] 9821015610-0061 ]. 0 1053946.06 SUM/] 0 -I S q IN WITNESS WHEREOF, the Parties have executed this Covenant Agreement to be effective as of the Effective Date. 3/j 2010 APPROVED AS. TO FORM: RUTAN & TUCKER, LLP M M. Katherine Jenson, City Attorney Date: — 1 12010 Date: P4,Aa+. .j , 2010 "City" CITY OF LA QUINTA, a California municipal corporation By: -�- Thomas P. Genovese, City Manager "Ownei' L.Q. HOSPITALITY, LLC, a California limited liability company By: Equity Directions, Inc. Its: Member By: rims French Its: President By: Oliphant Enterprises, Inc. Its: Manager By: ZUQ- ii7 RichaOliphant Its: President 8877015610-0061 1 -16- 4 171 1053546 06 802125/10 IN WITNESS WHEREOF, the Parties have executed this Covenant Agreement to be effective as of the Effective Date. ATTEST: M 2010 Veronica J. Montecino, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: , �- Kgtherir6,denson, City Attorney Date: 2010 Date: 2010 882/015610-0061 -16- 1053846.06 a02R5/10 _ "City„ CITY OF LA QUINTA, a California municipal corporation SOM IN COLWTIRPW By: Thomas P. Genovese, City Manager "Owner" L.Q. HOSPITALITY, LLC, a California limited liability company By: Its: By: Its: Equity Directions, Inc. Member By: Dennis French Its: President Oliphant Enterprises, Inc. Manager S*tMIN WNTIMPAW Richard Oliphant Its: President 1 %2. State of California County of Riverside On M Uri- r, aO/U before me, JU ('t L• 6k , (i,reat name end tine of the office) Notary Public, personally appeared Dell // l5 rAt4Gfr who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisAwrMwir authorized capacity(ier), and that by his/herkheir signatureW on the instrument the person(4, 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 ,�m/�y;�hand and official seal. Signature CyLGLf.� State of California County of Riverside (Seal) ME L. Cox COMM' t'A C 1730893 Notary Publlo - Calltornta Rlvenkm County Caron. fetrl 2011 On M/rl/ 6. C 1 a0/U beforeme, 1, ab e L. edX , (insert,�p�ne and title ofthe oaim) Notary Public, personally appeared i Git/� � lX �� who proved to me on the basis of satisfactory evidence to be the person(s3 whose name(a) is/am subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/lwrAheir authorized capacity(ies), and that by his/her/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(%) 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 !f lie (Seal) .IuuE L. Cox replEk Commbdon • 1730893 e Notary Pubso • C011110"el Riverlift County Comri► Mx1 2011 882M I5610.0061 1053846.06 e0225110 -17- 1t 173 State of California ) County of Riverside I ) f On --sit l mot C before me, �G► �' u e end tide o the offices Notary Public, personally appeared AK &A AAA , 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 ��-L" _ (Seal) CM lo9m I'M R , Pim • Catttt M aNentet Court NI/CMM Oct 16.201 662/015610-0061 1053846.06 02M/10 -1 g- ..N 114 EXHIBIT NO. I LEGAL DESCRIPTION OF SITE Parcel A: Parcel 4 of Parcel Map No. 31116, in the City of La Quinta, County of Riverside, as shown by Map on file in book 212 pages 60 to 66 inclusive of Parcel Maps, records of Riverside County, California. Except therefrom all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, without the right of surface entry, as reserved and/or granted in the document(s) recorded December 9, 2004 as Instrument No. 2004-979137, Official Records. Parcel B: A non-exclusive easement for parking, motor vehicle and pedestrian ingress and egress and for installation, use and maintenance of underground public utilities over all those portions of Parcel 1, 2 and 5 of Parcel Map No. 31116, in the City of La Quinta, County of Riverside, State of California, as shown by Map on file in book 202, page(s) 60 to 66 inclusive of Parcel Maps, records of Riverside County, recorded on April 19, 2006 as file no. 2006-0280726 Official Records, Riverside County as shown and delineated as paved motor vehicle driveways, pedestrian access areas and parking areas on said Parcel Map 31116. 992JO11610-0061 _ r 1053846,06 a=5/10 EXHIBIT NO. 1 M J ATTACHMENT 2 a'p RECEIVE® VCentre Pointe 77-564 County Club Drive, Suite IGO DEC tR 2011 Palm Desert, CA 9221I CITY OF LA QUINTA December 28, 2011 CITY MANAGER'S OFFICE City of La Quinta 70-495 Calle Tampico La Quinta, California 92253 Attention: Debbie Powell, Economic Development/Housing Manager Re: Homewood Suites, La Quinta TOT extension Dear Ms. Powell: Please find included with this letter, Average annual occupancy rates Revenues and Operating Costs for the last three years The Homewood Suites, La Quinta, has a loan in the amount of $17,000,000. Annual interest payment on the loan has been $1,100,000. The hotel was not able to make those payments and was closed to business in 2009. The lender, Canadian Imperial Bank of Canada (CBIC) agreed to work with us to reopen the hotel with a loan extension of 1 year. We were able to open in January 2010 and, over the years, stabilize the operation. One of the elements of stabilizing was the negotiated return of a percentage of the TOT collected for and paid to the City to the Hotel. The Bank has created a lockbox account that all money over the cost of operation, flows into this account. At the end of the year, when they sweep this account, they apply it to our outstanding interest for the year. As you can see by the spread sheet, we are a long way from being able to cover much of the interest account. The Bank, so far, has been willing to continue to renew the loan on a 1 year basis as opposed to foreclosing the hotel and selling for a substantial loss. It is important for our continuing negotiations with CBIC to show we will still have the rebated TOT to add to the lockbox. We believe this is one of the many reasons they have been willing to keep renewing our loan. We would like to request the City Council consider extending our current agreement for 24 months from the expiration date, to allow us to continue to build our revenue stream to a point the Bank will be satisfied with us to continue renewing our loan. N . 176 O`0 Centre Pointe 77-564 Country Club DFive. Suite 100 Palm Ucscn. CA 92211 Thank you for your assistance. Sincerely, 0—w- Richard R. Oliphant Managing Partner ".� 177 HOMEWOOD SUITES - LA QUINTA, CA 3 YEARS STATISTICS Available Rooms Occupied Rooms Occupancy % Average Daily Rate RevPar REVENUE Rooms Telephone Other TOTAL REVENUE DEPARTMENTALEXPENSES Rooms Telephone Other TOTAL DEPARTMENTAL EXPENSES Gross Operating Income DEDUCTIONS FROM INCOME Administrative & General Dept. Franchise Fees Management Fee Marketing Dept. Repairs & Maintenance Dept. Energy Dept. TOTAL DEDUCTIONS NET INCOME BEFORE FIXED FIXED CHARGES Incentive Fee Property Taxes Transient Occupancy Tax Rebate Insurance General Other TOTAL FIXED CHARGES NET OPERATING INCOME BEFORE FF&E AND DEBT CUMULATIVE FF&E Reserve Interest Expense Mortgage Principal TOTAL DEBT SERVICE ADJUSTED NET OPERATING PROFIT January 19- JanuaryJuy 2009 December 2010 January - November 2011 27348 44763 43080 15703 23506 27042 57.4% 52.51/6 62.8% $ 126.99 $ 108AI $ 113.39 $ 72.91 $ 56.77 $ 71,17 1,994,055 2,541,316 3.006.426 2,165 4,502 2.612 62,526 69,483 72,310 2,058,746 2,615,301 3.141,348 663,252 6.885 63,915 734,052 1,324,694 298,841 134,971 61,762 231.982 200,238 167.268 1,D95,062 229,632 128,790 33,779 13,059) 159,510 70,122 82,350 646,649 646,849 852,991 28,301 28,642 909,934 1,705,367 322,071 101,814 82,590 345,431 230,831 261.404 1,344,141 361,226 166,925 (65,978) 14,221 61,320 176,488 184,738 15,322 726 728 940,148 22,240 38,331 1,000,719 2,140,629 328,729 122.784 94.564 3M,913 226,560 247.208 1,358,758 781,871 107.399 (138.073) 50,889 12,952 33,167 748,704 239,991 170,000 170,000 (&59,077) 168,688 338.713 Calculated at 4%of Revenue. Industry standard. " Used Actual Capital Expenses. Note: 2010 & 2011 in workout with lender. Interest paid to larder is cash Bow balance. Paid beginning of year far previous year. I COUNCIL/RDA MEETING DATE: January 17, 2012 . ITEM TITLE: Consideration of an Extension to the Agreement to Share Transient Occupancy Tax Revenue with Village Resort, LLC, a Subsidiary of Chicago Title for the Embassy Suites Hotel Located at 50-777 Santa Rosa Plaza RECOMMENDATION. As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of the requested 12-month extension would require the City to continue to pay 40% of the Transient Occupancy Tax ("TOT") generated by the Embassy Suites Hotel to the hotel's owner, Village Resort, LLC . The maximum reimbursement amount of $1,000,000, specified in the original agreement, would not change. As of September 30, 2011, Village Resort has been paid a total of $802,906, which is $197,094 less than the maximum reimbursement cap. Village Resort's 40% share of TOT averages $40,000 per quarter; therefore, it is estimated the hotel owner would receive an additional $160,000 if the 12-month extension were granted. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: In 2005-2006, construction was underway for the Embassy Suites Hotel, located in the Village. However, the previous owner had problems with financing, and stopped construction. In order to facilitate the hotel's completion and opening, the City worked closely with the new owner, Village Resort, LLC, ("Owner"), which resulted in a TOT Sharing Agreement. 179 The TOT Sharing Agreement and the accompanying Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property ("CC&R's") (Attachment 1) were approved by the City Council in September 2006. The agreement term was five years, and required the City to make a quarterly payment to the Owner in the amount of 40% of the TOT received during the applicable quarter. The agreement only covers the TOT generated by the 146-room hotel, and not the neighboring 144 casitas units. The maximum cumulative amount the Owner could receive was $1,000,000. As consideration for these payments, the Owner agreed to continuously operate and maintain the Hotel during a three-year period. The TOT Sharing Agreement expired in September 2011. The Hotel has generated a total of $2,007,265 since the TOT Sharing Agreement was executed. The Hotel has been rebated 40%, $802,906, which is $197,094 less than the cap amount of $1,000,000. Section 4.1.1 (c) of the CC&R's states that, if at the end of the Operating Period (five years), the cap amount has not been reached, the City shall have no further obligation to continue making TOT rebate payments. The Owner has submitted a request to extend the term of the TOT Sharing Agreement by 12 months (Attachment 2). According to the Owner, the rationale for the Owners' request is the current economy has had an adverse effect on tourism and the hotel has been operating at a loss. The Owner is now, considering closing the hotel for the summer months. The City's economic development consultant, RSG, has reviewed the financial information submitted by the Owner, and concludes the following: this operation has not been profitable and further discussions are needed with the Owner in order to assess the benefits of continuing the rebates. There are several factors to take into account when considering this request. The City has seen a steady decline in revenues over the past three years due to the economy. While the City has made a concerted effort to reduce expenditures, it became necessary in Fiscal Year 201 1 /2012 to use $3.1 million in General Fund reserves to balance the budget. The City Council further authorized setting aside an additional $7.5 million in General Fund reserves to cover future operational deficits over the next three years. In addition, the recent Supreme Court ruling that abolished redevelopment will have an effect on the City's General Fund in terms of the ability to fund future economic development and capital improvement projects. It should be noted that there are other active TOT and sales tax sharing agreements, including a soon to expire TOT Sharing Agreement with Homewood Suites, and sales tax sharing agreements with Costco and Kohl's. The agreement with Costco will expire in January 2016 and Kohl's agreement will expire in April 2013 — both agreements have dollar amount caps which have not yet been met. Mot As part of the Annual Financial Management Review, staff will be presenting revenue projections that assess the impacts of eliminating redevelopment, when combined with the reduced or stagnant revenues due to the recession, have on the General Fund. As part of this year's strategic plan endeavor, staff will be outlining revenue enhancement (including tax alternatives) and expenditure reduction options. The City Council will have a more comprehensive representation of the City's fiscal health and its options with respect to fiscal sustainability through the strategic planning process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the request and direct staff and legal counsel to negotiation Agreement amendments for City Council consideration; or 2. Deny the request; or 3. Continue final consideration until the options to be presented in the Annual Financial Management Review are considered by the City Council in February 2012; or 4. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: K,1, Mark Weiss, Interim City Manager Attachments: 1. TOT Sharing Agreement and the accompanying Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property ("CC&R's") 2. Correspondence from Village Resorts, LLC requesting extension "' • I ATTACHMENT I AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE This AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE (the "Agreement") is entered into this 3 1 day of (4vi v S r 2006, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and VILLAGE RESORT, LLC, a California limited liability company ("Village Resort") (individually a "Party" and collectively the "Parties"). RECITALS A. Village Resort, an affiliate of Chicago Title Insurance Company ("Chicago Title"), owns fee title to that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" (the "Site'). B. Village Resort has developed on the Site a hotel containing 146 guest rooms, a conference center and other related amenities (the "Hotel"). Village Resort has obtained the necessary rights and intends to operate the Hotel under the flagship name "Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. C. In consideration for Village Resort's conveyance to City of the interest in the Site set forth in the "Covenant" (as defined hereinbelow), City has agreed to make certain periodic payments to Village Resort in an amount equal to a portion of the transient occupancy tax generated by the Hotel (the "Transient Occupancy Tax"), subject to and in accordance with the other terms and conditions set forth in this Agreement and the Covenants, Conditions, and Restrictions Affecting Interests in Real Property attached hereto as Exhibit "B" (the "Covenant"). D. By its approval of this Agreement, the City Council of City has found and determined as follows: (i) the value to the City, of Village Resort's performance of its obligations set forth in the Covenant in each fiscal year during which City payments are to be made (in terms of economic revitalization, generation of additional local tax revenues that will help to fund vital public services, provision of expanded and more accessible hotel guest rooms and related amenities for persons wishing to visit the City for business or pleasure, and job growth and retention) will be not less than the amount of such payments; and (ii) that the imposition of the covenants and use restrictions upon the Site pursuant to the Covenant in exchange for the payments to be made by City constitutes a valid public purpose. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Village Resort hereby agree as follows: 0 182 1. Defined Terms. Any capitalized terms contained in this Agreement, which are not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant. 2. Execution and Recordation of Covenant. Concurrently with City's and Village Resort's execution of this Agreement, Village Resort shall fill in the blanks, date, and execute the Covenant in recordable form and Village Resort shall record the Covenant against the Site and provide a copy of the recorded Covenant to City. City agrees to cooperate in the recordation of the Covenant against the Site, at no cost to City, and the City Manager or his designee is hereby authorized on behalf of City to execute all documents and take all actions necessary or appropriate to implement this Agreement. 3. Termination of Agreement. This Agreement shall automatically terminate and be of no further force or effect upon termination of the Covenant, in accordance with the terms thereof. 4. Assignment. Village Resort shall not assign, hypothecate, encumber, or otherwise transfer its rights and obligations set forth in this Agreement and the Covenant to any other person or entity without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion. 5. Cooperation in the Event of Legal Challenge, Validation Action. In the event any thud parry files an action seeking to invalidate this Agreement or the Covenant or seeking any equitable remedy that would prevent the full performance hereof or thereof, City and Village Resort agree to cooperate in the defense of such action. Village Resort shall pay all of the City's costs and expenses (including attorneys' fees) and the City shall have the sole right to select its legal counsel. Such cooperation shall include, without limitation: (i) an agreement by each Party to not default or allow a compromise of said action without the prior written consent of the other Party; (ii) an agreement by each Party to make available to the other Party all non - privileged information necessary or appropriate to conduct the defense of the action; and (iii) an agreement by each Party to make available to the other Party, without charge, any witnesses within the control of the first Party upon reasonable notice who may be called upon to execute declarations or testify in said action. In addition to the foregoing, if Village Resort delivers a written request for such action to City (c/o the City Manager) not later than thirty (30) days after the date the City Council of City approves this Agreement at a public meeting, City shall file an action in Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 et seq. to validate this Agreement and the Covenant and each and every one of its and their provisions. In such event, City and Village Resort shall reasonably cooperate in drafting the complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and filings as may be required or desirable in connection with the validation action. City and its legal counsel shall file and prosecute the validation action, but shall reasonably coordinate and cooperate with Village Resort concerning the drafting of pleadings and other documents and with regard to the litigation strategy to be employed. Village Resort and/or Chicago Title shall reimburse City within fifteen (15) days after written demand therefor for all costs ("Costs") of the validation action. Costs include without limitation, attorney's fees, filing fees and court reporter fees (if any), costs of publication and to effectuate service of process, reasonable photocopying and other reproduction -2- K. 183 charges, travel time and mileage expenses, and other costs and expenses reasonably incurred by City. In the event of an appeal of such action, the Parties shall cooperate with respect to the appeal to the same extent as at the Superior Court level of the proceedings. Upon the entry of a final non -appealable judgment of any court with jurisdiction invalidating or enjoining the performance of any material covenant set forth in this Agreement or the Covenant, this Agreement and the Covenant shall automatically terminate without the need of further action by either Party. 6. Compliance with Laws. During the entire Operating Period, Village Resort shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Village Resort does not waive its right to challenge the validity or applicability thereof to Village Resort or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter I of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Village Resort expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Village Resort's development thereof. Village Resort shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Village Resort's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 7. Integration and Amendment. This Agreement and the Covenant attached hereto constitute the entire Agreement by and between the Parties pertaining to the specific subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by both Parties. 8. Notices. Notices to be given by City or Village Resort hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery confirmation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. N 184 -3- If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: Rutan & Tucker 611 Anton Boulevard, Suite 14000 Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. If notice to Village Resort: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Roger H. Howard, Esq. 9. Counterparts. This Agreement may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 10. Legal Actions. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. City shall also have the right to pursue damages for Village Resort's defaults but in no event shall Village Resort be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Village Resort paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Agreement but excluding damages for 4- .01 185 R economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorneys fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 11. Nonliability of City Officials. No member, official or employee of the City shall be personally liable to Village Resort, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Village Resort or its successors, or on any obligations under the terms of this Agreement. IN WITNESS WHEREOF, City and Village Resort have executed this Agreement to be effective as of the date first set forth above. ATTEST: "City, CITY OF LA QUINTA, a California municipal corporation � Thomas P. Genovese, City Manager DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: ,LP -5- 1- 8 6 "Village Resort" VILLAGE RESORT, LLC, a California limited liability company By: Ftid,16rvey, Managing Me ber APPROVED AS TO FORM: By: Timothy B. McOsker Christensen, Glaser, Fink, Jacobs, Weil & Shapiro -6- 181 "Village Resort" VILLAGE RESORT, LLC, a California limited liability company By Fred Parvey, Managing Member APPRO D AS TO FORM: y lv-�lm ,+ "Timothy B. McOsk r Christensen, Glaser, Fink, Jacobs, Weil & Shapiro H. 1_38 PARCEL 6 OF PARCEL MAP 2S COUNTY OF RIVERSIDE, AS PER 84 AND 85 OF PARCEL MAPS, RECORDER. IN "A„ IN THE CITY OF LA QUINTA, RECORDED IN BOOK 200, PAGES THE OFFICE OF THE COUNTY im EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. EXEMPr FROM RECORDER'S FEE PER OOV. CODE 927393 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE §11922 Sips= afDoc mui a Agmt detaaminingtsa—Fi m Na COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant") is entered into as of this day of 2606, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and Village Resort, LLC, a California limited liability company ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quints, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site'). B. Owner has developed on the Site a hotel containing 146 guest rooms, a spa, conference center, and other related amenities (the "Hotel"). Owner has obtained the necessary rights to operate the Hotel under the flagship name of `Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. 190 C. Concurrently herewith, City and Owner have entered into that certain unrecorded Agreement to Share Transient Occupancy Tax Revenue (the "Agreement") which provides for the recordation of this Covenant against the Site. D. Owner shall operate the Hotel on the Site, pursuant, to all applicable laws, ordinances, and regulations. E. In consideration for Owner's rights and obligations set forth in the Agreement and within this Covenant, City has agreed to make certain payments to Owner, the amount of which is measured by the "Transient Occupancy Tax" (as that term is defined below) generated by the operation of the Hotel on the Site. City and Owner have agreed that the portion of Transient Occupancy Tax required to be paid by City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acimowledged by both Parties, City and Owner hereby agree as follows: MMMa yl os M The following terms when used in this Covenant shall have the meanings set forth below: The tern "Agreement" shall have the meaning ascribed in Recital C of this Covenant. The tam "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The tam "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(b) of this Covenant. The tam "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. -2- 191 The term "Hotel" shall have the meaning described in Recital B. The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1. The term "Transient Occupancy Taa" means, for a given month, or part thereof, during the Operating Period, that portion of transient occupancy taxes reported and remitted by Owner to City pursuant to Chapter 3.24 of the La Quinta Municipal Code, that are generated from the use and occupancy of guest rooms in the Hotel. Notwithstanding anything herein to the contrary, Transient Occupancy Tax shall not include any interest or penalty that has been paid by Owner pursuant to Chapter 3.24 of the City's Municipal Code, and any costs the City incurs in enforcing Chapter 3.24 of the City's Municipal Code or any provision of this Agreement shall be deducted from the amount of Transient Occupancy Tax that is received by the City prior to calculating the amount of a Covenant Payment. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term `Termination Date" shall mean the date that is the earliest of (i) the date that is five (5) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in fill; or (iii) the date on which this Covenant is terminated pursuant to Sections 2, 5.2 or 5.3, as applicable. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to (i) complete construction of the Hotel in accordance with all applicable requirements, as evidenced by City's issuance of a permanent and final certificate of occupancy; and (U) open the Hotel and commence operations. The obligations set forth in clauses (i) and (ii) above are hereinafter referred to as the "City's Conditions to Payment." The day on which the City's Conditions to Payment are satisfied shall constitute the "Commencement Date" (unless such date occurs before the execution of this Covenant, in which case the Commencement Date shall constitute the date upon which this Covenant is fully executed by both parties) at which time Owner's obligations pursuant to Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.7, it; by September 15, 2006, Owner has not satisfied the City's Conditions to Payment, either parry may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. Owner's obligations to continuously operate the Hotel until the Termination Date, as described in Section 3.1 below, shall be a condition to the receipt of Covenant Payments during the Operating Period. -3- H 192 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation. During the first three (3) years of the Operating Period, Owner covenants and agrees to continuously operate the Hotel on the Site (subject to temporary interruptions for casualty losses, repairs, and the like, provided, however, that no such interruptions shall continue for more than five days without the City's prior written consent, which consent may be withheld in City's sole and absolute discretion during the entire Operating Period). 3.2 Use Restriction. During the entire Operating Period, the Site shall not be put to any use other than the operation of the Hotel, and such use shall qualify as a transient occupancy use under Chapter 3.24 of the City's Municipal Code. 3.3 Maintenance and Repair of Site and Hotel: Landscapine. (a) During the entire Operating Period, Owner, at its sole cost and expense, shatU keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair, in accordance with the "Maintenance Standards" (as that term is hereinafter defined). Said improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site owner and any and all other improvements on the Site. (b) To accomplish the maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Covenant. (c) The following standards ("Maintenance Standards") shall be complied with by Owner and its maintenance staff, contractors or subcontractors: 1. Landscape maintenance shall include, but not be limited to: waterW,r igation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. 2. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths 'and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. -4- 193 3. All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. 4. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. The Site and Hotel shall be maintained in conformance and in compliance with the approved Site construction and architectural plans and design scheme, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 6. The Site and Hotel shall be maintained as required by this Section in good condition and in accordance with the custom and practice generally applicable to comparable business hotels located in Riverside County. During the Operating Period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant. 3.4 Failure to Maintain Site and Hotel. In the event Owner does not maintain the Site or the Hotel in the manner set forth herein and in accordance with the Maintenance Standards, City shall have the right, but not the obligation, to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, after written notice to Owner. However, prior to taking any such action, City agrees to notify Owner in writing if the condition of said improvements do not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Owner to cure the deficiencies. Upon notification of any maintenance deficiency, Owner shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City, then Owner shall have forty-eight (48) hours to rectify the problem. In the event Owner fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then City shall have the right to maintain such improvements. Owner agrees to pay City such charges and costs. Until so paid, City shall have a lien on the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Site. Upon recordation of a Notice of a Claim of Lien against the Site, such lien shall constitute a lien on the fee estate in and to the Site prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto; (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of -5- 194 any such lien for costs incurred to comply with this Covenant shall date from the date of the recordation of the Notice of Claim of Lien. Any lien in favor of City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the. obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates his interest, of record, to such lien. Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall take title to the Site free of any lien imposed by City that has accrued up to the time of the foreclosure sale, and upon taking title to the Site, such foreclosure -purchaser shall only be obligated to pay costs associated with this Covenant accruing after the foreclosure -purchaser acquires title to the Site. Owner acknowledges and agrees City may also pursue any and all other remedies available in law or equity. Owner shall be liable for any and all attorneys' fees, and other legal costs or fees incurred in collecting said maintenance costs. 3.5 CQwfiance with Laws. During the entire Operating Period, Owner shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. . Nothing herein constitutes a representation or warranty by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Owner expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Owner's development thereof. Owner shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees,. and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Owner's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 3.6 Non -Discrimination. 1n the opening and operation of the Hotel, Owner agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.7 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, officials, members, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's 6 195 operation of the Hotel on the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performancethereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant. • ' . M_ • a 1! 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments• Can. In consideration for Owner's undertakings pursuant to this Covenant, City shall make the following payments (each, a Covenant Payment") to Owner at the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to forty percent (405/6) of the Transient Occupancy Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the Covenant Payment shall be prorated such that City shall only pay to Owner 40% of Transient Occupancy Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of One Million Dollars ($1,000,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. 4.1.2 Source of Payments. The Covenant Payments shall be payable, from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Transient Occupancy Tax that is generated from the Hotel on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner, and that City is not pledging any portion of the Transient Occupancy Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Transient Occupancy Tax for the Hotel is reported and remitted to City by Owner for the final month in each Quarter, or portion thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Transient Occupancy Tax upon which the Covenant Payment amount was calculated; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. For example, if Owner files a report and remits the Transient -7- 196 Occupancy Tax generated during the month of December, 2006, on January 15, 2007, then City shall provide the quarterly Covenant Payment for the October -November -December 2006 Quarter by February 14, 2007. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Transient Occupancy Tax that City shall have actually received from Owner. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, including, without limitation, by reason of overpayment of tax, or by erroneous or illegal collection or receipt by the City, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order to determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration: RMayment. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. To the maximum extent permitted by law, City shall be permitted to prepay any of the Covenant Payments without penalty. 4.2 Additional Condition Precedent to City's Obliag tions. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. -8- 197 5.1 Defaults. (a) Subject to Section 6.7 of this Covenant, the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or (iii) any material representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made, or (iv) the Hotel is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant; or (v) Owner makes any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of the Site, the Hotel, and/or the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion, or if any voluntary or involuntary successor -in -interest of the Owner acquires any rights or powers under the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vi) Owner refinances any existing construction, permanent, or other loans encumbering the Site without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vii) Owner, or any Constituent member of Owner, is the subject of an order for relief for a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Owner applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Owner and the appointment continues undischarged or unstayed for ninety (90) days; or Owner institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, -9 - v 198 conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property-, or any similar proceeding is instituted without the consent of Owner and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against the Site and is not released, vacated, or fully bonded within ninety (90) days after its issue or levy. (viii) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder') (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 52 City's Remedies Upon Defndt by ;mer, Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (), then upon Owners cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (h) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant by written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Sections 4.1.5 and 6.5. 5.4 Cumulative Remedies• No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other. right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other. Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Parry's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Parry's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 limitations on City's Liability. Owner acknowledges and agrees that:. (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Hotel is a private undertaking, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Hotel on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offshe improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iu) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 6. GENEMPROVISIONS. 6.1 Integration and Amendment This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Ca ions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. 11- p 200 6.3 Binding Effect: Successors and Assigns: Assi ments. This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant on the same terms and conditions set forth herein for the balance of the Operating Period. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counteparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 JAgai Actions. This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Operating Covenant, or to tare, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Covenant. City shall also have the right to pursue damages for Owner's defaults but in no event shall Owner be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Owner paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Covenant but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorneys fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 6.6 Effect of Violation of the Terms and Provisions of this Covenant. The covenants established in this Covenant shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Covenant shall remain in effect for the periods of time specified therein. The City is deemed the beneficiary of the terms and provisions of this Covenant and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Covenant and the covenants running with the land have -12 201 been provided. The Covenant and the covenants shall run in favor of the City, without regard to whether the City has been, remains, or is an owner of any land or interest therein in the Site. The City shall have the right, if the Covenant or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Covenant and covenants may be entitled. 6.7 Force Majeure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of .any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency; litigation by third parties challenging the validity or enforceability of the Agreement.or this Covenant; and acts of God (collectively, "force majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Hotel shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.8 Notices. Notices to be given by City or Owner hereunder may be delivered personally or may be delivered by certified or registered mail, postage prepaid, or by reputable overnight delivery service providing a delivery confirmation receipt with time and date of delivery, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quints 78-495 Cane Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Mr. Tom Genovese, City Manager with a copy to: City of Ia Quinta 78495 Calle Tampico P.O. Box 1504 La Quints, CA 92253 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Z.eilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. -13- 202 If notice to Owner: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: RogerH. Howard, Esq. 6.9 Further Acts. Each Party agrees to take such" further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder, reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 6.10 Third Party Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder [Remainder of this page intentionally left blank.] -14- 203 1 IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. ATTEST: "CITY" CITY OF LA QUINTA, a California municipal corporation By: Thomas P. Genovese, City Manager By: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: By: James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP APPROVED AS TO FORM: "VILLAGE RESORT" VILLAGE RESORT, LLC, a California limited liability company By: Fred ParvgL Manasdn@Member By: Timothy B. McOsker, Esq. Christensen, Glaser, Fink, Jacobs, Weil & Shapiro -15- 204 STATE OF FLORIDA ) ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/thew signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF _l On personally appeared Notary Public before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Iris/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. Witness my hand and official seal. [SEAL] Notary Public -16- - is 205 STATE OF CALIFORNIA ) ) ss COUNTY OF On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshehhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary public -17- PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Veronica J. Montecino, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. 0. Box 1504 La Quinta, CA 92247-1504 DOC # 2006-0781811 10/24/2M 08t00R Fee:NC Page 1 of 20 Recorded inOff Riverside County arry U. Uord Assessor LteunlY Clerk & Recorder I IIIIII IIIIIII IIII IIIII llllll 1111111111111111111 S R I U I PAGE SIZE DA MISC I LONG I RFD COPY �+L465 M A 426 PCOR NCOR SMF NCHG Exnwt COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY Village Resort, LLC (Embassy Suites) Title of Document it 207 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Deborah H. Powell CITY OF LA QUINTA P. 0. Box 1504 La Quinta, CA 92247-1504 EXWFT FROM RECORDER'S FEE PER OOV. CODE MCEEMPT FROM DOCUMEWARY TRANSFER TAX PER REV. & TAX CODE S*auw a of Dwhr,at"Agent dden=W8tW-FM M&M COVENANTS CONDITIONS AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant') is entered into as of this day of , 2006, by and between the CITY OF LA QUINTA, a California municipal corporation ('City), and Village Resort, LLC, a California limited liability company ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quints, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site"). B. Owner has developed on the Site a hotel containing 146 guest rooms, a spa, conference center, and other related amenities (the "Hotel"). Owner has obtained the necessary rights to operate the Hotel under the flagship name of "Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. C. Concurrently herewith, City and Owner have entered into that certain unrecorded Agreement to Share Transient Occupancy Tax Revenue (the "Agreement") which provides for the recordation of this Covenant against the Site. D. Owner shall operate the Hotel on the Site, pursuant to all applicable laws, ordinances, and regulations. E. In consideration for Owner's rights and obligations set forth in the Agreement and within this Covenant, City has agreed to make certain payments to Owner, the amount of which is measured by the "Transient Occupancy Tax" (as that term is defined below) generated by the operation of the Hotel on the Site. City and Owner have agreed that the portion of Transient Occupancy Tax required to be paid by City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: DEFINED TERMS. The following terms when used in this Covenant shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital C of this Covenant. The terns "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(b) of this Covenant. The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the .latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. 41 z 209 The term "Hotel" shall have the meaning described in Recital B. The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1. The term "Transient Occupancy Tax" means, for a given month, or part thereof, during the Operating Period, that portion of transient occupancy taxes reported and remitted by Owner to City pursuant to Chapter 3.24 of the La Quinta Municipal Code, that are generated from the use and occupancy of guest rooms in the Hotel. Notwithstanding anything herein to the contrary, Transient Occupancy Tax shall not include any interest or penalty that has been paid by Owner pursuant to Chapter 3.24 of the City's Municipal Code, and any costs the City incurs in enforcing Chapter 3.24 of the City's Municipal Code or any provision of this Agreement shall be deducted from the amount of Transient Occupancy Tax that is received by the City prior to calculating the amount of a Covenant Payment. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term "Termination Date" shall mean the date that is the earliest of (i) the date that is five (5) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full; or (iii) the date on which this Covenant is terminated pursuant to Sections 2, 5.2 or 5.3, as applicable. 2. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to (i) complete construction of the Hotel in accordance with all applicable requirements, as evidenced by City's issuance of a permanent and final certificate of occupancy; and (ii) open the Hotel and commence operations. The obligations set forth in clauses (i) and (ii) above are hereinafter referred to as the "City's Conditions to Payment." The day on which the City's Conditions to Payment are satisfied shall constitute the "Commencement Date" (unless such date occurs before the execution of this Covenant, in which case the Commencement Date shall constitute the date upon which this Covenant is fully executed by both parties) at which time Owner's obligations pursuant to Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.7, if, by September 15, 2006, Owner has not satisfied the City's Conditions to Payment, either party may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. Owner's obligations to continuously operate the Hotel until the Termination Date, as described in Section 3.1 below, shall be a condition to the receipt of Covenant Payments during the Operating Period. N 210 -3- 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation. During the first three (3) years of the Operating Period, Owner covenants and agrees to continuously operate the Hotel on the Site (subject to temporary interruptions for casualty losses, repairs, and the like, provided, however, that no such interruptions shall continue for more than five days without the City's prior written consent, which consent may be withheld in City's sole and absolute discretion during the entire Operating Period). 3.2 Use Restriction. During the entire Operating Period, the Site shall not be put to any use other than the operation of the Hotel, and such use shall qualify as a transient occupancy use under Chapter 3.24 of the City's Municipal Code. 3.3 Maintenance and Repair of Site and Hotel. Landscaping. (a) During the entire Operating Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair, in accordance with the "Maintenance Standards" (as that term is hereinafter defined). Said improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site owner and any and all other improvements on the Site. (b) To accomplish the maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Covenant. (c) The following standards ("Maintenance Standards") shall be complied with by Owner and its maintenance staff, contractors or subcontractors: 1. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. 2. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. GE 3. All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. 4. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. The Site and Hotel shall be maintained in conformance and in compliance with the approved Site construction and architectural plans and design scheme, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 6. The Site and Hotel shall be maintained as required by this Section in good condition and in accordance with the custom and practice generally applicable to comparable business hotels located in Riverside County. During the Operating Period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant. 3.4 Failure to Maintain Site and Hotel. In the event Owner does not maintain the Site or the Hotel in the manner set forth herein and in accordance with the Maintenance Standards, City shall have the right, but not the obligation, to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, after written notice to Owner. However, prior to taking any such action, City agrees to notify Owner in writing if the condition of said improvements do not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Owner to cure the deficiencies. Upon notification of any maintenance deficiency, Owner shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City, then Owner shall have forty-eight (48) hours to rectify the problem. In the event Owner fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then City shall have the right to maintain such improvements. Owner agrees to pay City such charges and costs. Until so paid, City shall have a lien on the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Site. Upon recordation of a Notice of a Claim of Lien against the Site, such lien shall constitute a lien on the fee estate in and to the Site prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto, (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of 5 . 4 212 any such lien for costs incurred to comply with this Covenant shall date from the date of the recordation of the Notice of Claim of Lien. Any lien in favor of City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates his interest, of record, to such lien. Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall take title to the Site free of any lien imposed by City that has accrued up to the time of the foreclosure sale, and upon taking title to the Site, such foreclosure -purchaser shall only be obligated to pay costs associated with this Covenant accruing after the foreclosure -purchaser acquires title to the Site. Owner acknowledges and agrees City may also pursue any and all other remedies available in law or equity. Owner shall be liable for any and all attorneys' fees, and other legal costs or fees incurred in collecting said maintenance costs. 3.5 Compliance with Laws. During the entire Operating Period, Owner shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. Nothing herein constitutes a representation or warranty.by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Owner expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Owner's development thereof. Owner shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Owner's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 3.6 Non -Discrimination. In the opening and operation of the Hotel, Owner agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.7 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, officials, members, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's -6- - 4 7.13 operation of the Hotel on the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performance thereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant. 4. OBLIGATIONS OF CITY. 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments; Can. In consideration for Owner's undertakings pursuant to this Covenant, City shall make the following payments (each, a "Covenant Payment") to Owner at the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to forty percent (40%) of the Transient Occupancy Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the Covenant Payment shall be prorated such that City shall only pay to Owner 40% of Transient Occupancy Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of One Million Dollars ($1,000,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Transient Occupancy Tax that is generated from the Hotel on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner, and that City is not pledging any portion of the Transient Occupancy Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Transient Occupancy Tax for the Hotel is reported and remitted to City by Owner for the final month in each Quarter, or portion ,thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Transient Occupancy Tax upon which the Covenant Payment amount was calculated; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. For example, if Owner files a report and remits the Transient -7- It 214 Occupancy Tax generated during the month of December, 2006, on January 15, 2007, then City shall provide the quarterly Covenant Payment for the October -November -December 2006 Quarter by February 14, 2007. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Transient Occupancy Tax that City shall have actually received from Owner. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, including, without limitation, by reason of overpayment of tax, or by erroneous or illegal collection or receipt by the City, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order to determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration: Prepayment. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. To the maximum extent permitted by law, City shall be permitted to prepay any of the Covenant Payments without penalty. 4.2 Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. 4. ?I5 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Section 6.7 of this Covenant, the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Parry's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or (iii) any material representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made; or (iv) the Hotel is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant; or (v) Owner makes any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of the Site, the Hotel, and/or the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion, or if any voluntary or involuntary successor -in -interest of the Owner acquires any rights or powers under the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vi) Owner refinances any existing construction, permanent, or other loans encumbering the Site without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion, or (vii) Owner, or any Constituent member of Owner, is the subject of an order for relief for a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Owner applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Owner and the appointment continues undischarged or unstayed for ninety (90) days; or Owner institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, -9- 0 216 conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Owner and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against the Site and is not released, vacated, or fully bonded within ninety (90) days after its issue or levy. (viii) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (i), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may. terminate this Covenant by written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Sections 4.1.5 and 6.5. 5.4 Cumulative Remedies, No Waiver. Except as expressly provided herein, the nondefaulting Parry's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. -10- p �1� No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Parry's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 Limitations on City's Liability. Owner acknowledges and agrees that: (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Hotel is a private undertaking, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Hotel on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. -11- . 4 f 218 6.3 Binding Effect. Successors and Assigns: Assignments This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant on the same terms and conditions set forth herein for the balance of the Operating Period. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 LeLyal Actions. This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Operating Covenant, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Covenant. City shall also have the right to pursue damages for Owner's defaults but in no event shall Owner be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Owner paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Covenant but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 6.6 Effect of Violation of the Terms and Provisions of this Covenant. The covenants established in this Covenant shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Covenant shall remain in effect for the periods of time specified therein. The City is deemed the beneficiary of the terms and provisions of this Covenant and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Covenant and the covenants running with the land have -12- 1 219 been provided. The Covenant and the covenants shall run in favor of the City, without regard to whether the City has been, remains, or is an owner of any land or interest therein in the Site. The City shall have the right, if the Covenant or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Covenant and covenants may be entitled. 6.7 Force Majeure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency; litigation by third parties challenging the validity or enforceability of the Agreement or this Covenant; and acts of God (collectively, "force majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Hotel shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.8 Notices. Notices to be given by City or Owner hereunder may be delivered personally or may be delivered by certified or registered mail, postage prepaid, or by reputable overnight delivery service providing a delivery confirmation receipt with time and date of delivery, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Parry served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Mr. Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. -13- 220 If notice to Owner: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Roger H. Howard, Esq. 6.9 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing; upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 6.10 Third Party Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder [Remainder of this page intentionally left blank.] -14- 221 IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. "CITY" CITY OF LA QUINTA, a California municipal corporation � Thomas P. Genovese, City Manager ATTEST By: DEBORAH H..POWELL; Interim City Clerk APPROVED AS TO FORM: f By: / James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP "VILLAGE RESORT" VILLAGE RESORT, LLC, a California limited liability company an APPROVED AS TO FORM: By: Timothy B. McOsker, Esq. Christensen, Glaser, Fink, Jacobs, Weil & Shapiro Fred Parvey, Managing Member -15- 222. IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. ATTEST: "CITY" CITY OF LA QUINTA, a California municipal corporation in By: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: By: James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP Thomas P. Genovese, City Manager "VILLAGE RESORT" VILLAGE RESORT, LLC, a California limited liability company Fred Parvey. Managing Member ,APPROVED AS TO ORM: � By. Timothy B. McOsker, Esq. Christensen, Glaser, Fink, Jacobs, Weil & Shapiro -15- 223 STATE OF FLORIDA ) ss COUNTY OF ) On i ; ' 4A before me, personally appearied personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my, hand and official seal. ,ern °4 � 0l r FVb Ir. Slate t Kerry FILM& My commrswor:)N!000i a Expires 0J 2Y!lpOc Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF '-'' , ) On before me, << , , , I .; I • (l't. _ i i.. jYr personally appeared personally knowntome (or proved" to me on the basis of_satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. RANDYp MSTEAO ... r'' (��1—.1 Comm.#148549 fn Notary Public ,� @"�M*y NOTAR P�8L1"L�LIFORNIA V!pheaAPAfL26,20G8, [SEAL] -16- ' a 224 STATE OF FLORIDA ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sho4hey executed the same in his/heO&eir authorized capacity(ies), and that by his/betAkir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. �---� E y Cafrnrdtgon ! 161521429 Notary Notary Public County M CConm Oct23, [SEAL] STATE OF CALIFORNIA i ) ss COUNTY 01".- I_ 1 On ��:I_�.titi before me, ��V l., /WJ/a�tr l _<<:;• personally appeared _ 11 t i , .e - J personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( whose name( is/aro subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(j) or the entity upon behalf of which the person) acted, executed the instrument. Witness my hand and official seal. -16- 225 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 29909, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 200, PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. 226 ATTACHMENT BEFORE THE CITY COUNCIL CITY OF LA QUINTA, a California Municipal Corporation City Council Meeting Scheduled for January 17, 2012 Request by Village Resort, LLC to Re -State and Continue that Certain Covenant between the City of La Quinta and Village Resort, LLC for a Period of One Year from Date of Execution Before the Honorable City Council of the City of La Quinta As the Council is aware, Village Resort, LLC, entered into a Covenant and Transient Occupancy Tax sharing arrangement wherein we would remain open and keep the property up to La Quinta city standards. We have complied with all of the terms and conditions of the Covenant, but, because of the economy and other factors (not the fault of Village Resort) have not been able to obtain full usage of the tax sharing arrangement with the City of La Quinta. The Covenant expired in October of 2011 and we are requesting the Honorable City Council to re -state the Covenant for a period of one year in order for us to obtain transient occupancy tax credits for the remaining amount due under the original Covenant, to wit, approximately $197,000. 2009 2010 2011 Occupancy 46.5% 46.7% 55.1% Total Revenues $5.07m $4.59m $5.63m Operating Expense $5.21m $5.32m $5.33m Interest Expense $1.37m $970k $950k Net Profit/Loss-$1.51m -$1.7m -$650k As the Council is no doubt aware, the tourist economy in La Quinta has been severely affected by the world-wide recession. Village Resort's hotel has been similarly affected. The above table represents a snapshot of our financials for the last three years, which shows that the hotel is operating at a loss. Based on the financial performance in 2011 with the TOT covenant, we lost over $653k from June through September, which would have offset our entire lost for the year. (This represents $100k in transient occupancy tax collected for the city including the casitas). We are forced to consider whether to shut the property down for the summer months especially based on this financial performance, now that the Covenant has expired. We believe that shutting down the property would be very negative for the City for the following reasons: • We generate significant sales tax revenue all year for the City ($45k in 2011); • We aggressively counsel our guests to shop in the La Quinta Village, further generating sales tax revenue for the City; • We employ 65 associates, who we would have to furlough all but eight in the summer months: .,e 227 • We are an active member of the business community attempting to survive the downturn and continue to provide excellent customer service to our guests. Our goal is to continue to make Embassy Suites La Quinta a tremendous property for our guests and for our community. We are asking the Honorable City Council to consider re-establishing our Covenant with a maximum term of one year, wherein we will fulfill all terms of the original Covenant and will be able to keep the property open during the summer months. Respectfully, Eric Seise Jr. General Manager Embassy Suites La Quinta Hotel & Spa .,n 228 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 17, 2012 BUSINESS SESSION: ITEM TITLE: Consideration of Appointments to City Council Standing Committees and Other Agencies CONSENT CALENDAR: ' STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select representatives of the City Council to serve on various committees for the year 2012. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year, the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. According to the City Attorney, under new FPPC Regulations and opinions, City Council Members may not participate in or vote on their appointment to boards or commissions for which they receive a stipend, paid expenses or any type of monetary remuneration. Therefore, a City Council Member who is nominated to serve on such an appointed board, must recuse him or herself from participating in such a decision, and must leave the dais during such deliberations and the final vote. Attachment 1 is a complete list of committees and appointments made last year for the Council's consideration. Specific committees that provide a stipend are identified below and on the attached list. 229 41 Board, Committee, Commission Meeting Schedule CVAG Coachella Valley Conservation Commission 2"d Thursday of each month at 11:00 a.m. CVAG Energy & Environmental Resources Committee 2"d Thursday of each month at 12:00 p.m. CVAG Executive Committee Last Monday of each month at 6:00 p.m. CVAG Human & Community Resources Committee 3rd Wednesday of each month at 12:00 p.m. CVAG Public Safety Committee 2"d Monday of each month.at 10:00 a.m. CVAG Transportation Committee 2"d Monday of each month at 12:00 p.m. CVAG Valley -Wide Homeless Committee 3`d Wednesday of each month at 10:00 a.m. Coachella Valley Mountains Conservancy (State appointment) 2"d Monday, every other month at 3:00 p.m. Jacqueline Cochran Regional Airport Authority Meetings vary, 3`d or 4th Wednesdays of each month at 4:00 p.m. at Thermal Airport Palm Springs Desert Resort Communities Convention & Visitors Authority 3" Tuesday of each month at 9:00 a.m. at Palm Desert City Hall Riverside County Transportation Commission 2"1 Wednesday of each month at 9:00 a.m. in Riverside Sunline Transit Agency 4tn Wednesday of each month at 12:00 p.m. FINDINGS AND ALTERNATIVES: The Alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for the year 2012. 2. Provide staff with alternative direction. Respectfully submitted, Sd U rA*!4* NYC Veronica J. MontecilKo, CMC City Clerk Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. List of Existing City Council Committee Assignments 230 ATTACHMENT CITY COUNCIL COMMITTEE APPOINTMENTS CVAG COACHELLA VALLEY CONSERVATION COMMISSION: (Stipend) 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Member: Stanley Sniff, Council Member Alternate: Linda Evans, Council Member Staff Support: Planning Director Meets tad Thursday of each month at 11:00 a.m. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE: (Stipend) Member: Stanley Sniff, Council Member Alternate: Linda Evans, Council Member Staff Support: Planning Director or Designee Meets 2"d Thursday of each month at 12:00 p.m. CVAG EXECUTIVE COMMITTEE: (Stipend) Member: Don Adolph, Mayor Alternate: Kristy Franklin, Council Member Non -Voting Member: City Manager Meets last Monday of each month at 6:00 p.m. CVAG HUMAN AND COMMUNITY RESOURCES COMMITTEE: (Stipend) Member: Kristy Franklin, Council Member Alternate: Linda Evans, Council Member Staff Support: Community Services Director Meet 3'd Wednesday of each month at 12:00 p.m. CVAG PUBLIC SAFETY COMMITTEE: (Stipend) Member: Terry Henderson, Mayor Pro Tern Alternate: Linda Evans, Council Member Staff Support: City Manager - Management Analyst Meets 2"° Monday of each month at 10:00 a.m. CVAG TRANSPORTATION COMMITTEE: (Stipend) Member: Terry Henderson, Mayor Pro Tem Alternate: Linda Evans, Council Member Staff Support: Public Works Director/City Engineer Meets 2"d Monday of each month at 12:00 p.m. 231 CVAG VALLEY -WIDE HOMELESS COMMITTEE: (Stipend) Member: Kristy Franklin, Council Member Alternate: Linda Evans, Council Member Staff Support: Community Services Director Meets 3itl Wednesday of each month at 10:00 a.m. ANIMAL CAMPUS COMMISSION: c/o Lynda Gregory Supervisor Wilson's Office 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Member: Kristy Franklin, Council Member Alternate: Terry Henderson, Mayor Pro Tern Staff Support: Building & Safety Director Meets every other month on the 2n° Thursday at 9:30 a.m. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE Member: Linda Evans, Council Member Staff Support: City Manager (Appointed 101412011) CALIFORNIA JOINT POWERS INSURANCE AUTHORITY: 8081 Moody Street La Palms, CA 90623 Member: Kristy Franklin, Council Member Alternate: Human Resources/General Services Manager CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Kristy Franklin (12/06/11) Staff Support: City Manager - Economic Development Project Manager Meets every other month/Rotates after 3 consecutive meetings (last appointment 1120109) CIVIC CENTER ART PURCHASE COMMITTEE Members: Terry Henderson, Mayor Pro Tem Kristy Franklin, Council Member Linda Evans, Council Member - Alternate Staff Support: Community Services Director Rotates Annually (last appointment 2010) COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT LQ Representative: Robert Cox Term: Two—year term, effective January 1, 2009 (appointed December 16, 2008) Staff Support: City Manager - Management Analyst Meets 2ntl Tuesday of each month at 6:00 p.m. 232 Updated: August 1, 2011 COACHELLA VALLEY MOUNTAINS CONSERVANCY (State appointment) (Stipend) Ex. Board Member: Kristy Franklin, Council Member Alternate: Stanley Sniff, Council Member Staff Support: Planning Director Meets 2nd Monday of every other month at 3:00 p.m. COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Mayor Pro Tern Staff Support: City Manager (Appointed September 22, 2004) DESERT CLASSIC CHARITIES EVALUATION COMMITTEE Member: Linda Evans, Council Member (Appointed Oct. 2, 2011) IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE IID Energy Consumer's Advisory Committee 1651 W. Main Street El Centro, CA 92343 Member: Frank Blum, Citizen Representative Elected Official: Kristy Franklin, Council Member Staff Support: Planning Director Term: 3 years (Appointed September 16, 2008) Meets 1" Monday of each month at 6:00 p.m. at alternate 11D offices in El Centro and La Quinta. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Stipend) c/o Economic Development Agency County of Riverside 44-199 Monroe Street, Suite B Indio, CA 92201 Member: Kristy Franklin, Council Member Alternate: Terry Henderson, Mayor Pro Tern Staff Support: City Manager - Management Analyst Meetings vary on 3`tl or 4'" Wednesdays of each month at 4:00 p.m. at Thermal Airport LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION 2010 Conference appointed 8/3/2010 Delegate: Terry Henderson, Mayor Pro Tem Alternate: Don Adolph, Mayor Staff Support: City Manager or Designee Updated: August 1, 2011 4 233 PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (Stipend) Ex. Board Member: Linda Evans, Council Member Alternate: Terry Henderson, Mayor Pro Tern Staff Support: City Manager - Economic Development Project Manager Meets 3r° Tuesday of each month at 9:00 a.m. at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION LQ Rep: Robert Teal, citizen representative Staff Support: City Manager - Management Analyst Term: Three Years (expires June 30, 2014) Meets 3r° Wednesday of each month at 8:00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Diane Gunn (citizen representative) Staff Support: Community Services Director (appointed 12116108) Meets Quarterly on 3itl Thursday in January, April, July, and October RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Stipend) Commission Member: Terry Henderson, Mayor Pro Tern Commission Alternate: Don Adolph, Mayor Staff Support: Public Works Director/City Engineer (Appointed: January 7, 2003) Meets 2nO Wednesday of each month at 9:00 a.m. in Riverside SCAG Government & Public Affairs Group Southern California Association of Governments 818 W. 7th Street, 12th Floor Los Angeles, CA 90017 213-236-1883 (phone), 213-236-1961 (fax) Delegate Don Adolph, Mayor Alternate Linda Evans, Council Member Staff Support: City Manager — Management Analyst SUNLINE TRANSIT AGENCY (Stipend) 32-505 Harry Oliver Trail Thousand Palms, CA 92276 Board Member: Don Adolph, Mayor Alternate: Kristy Franklin, Council Member Staff Support: City Manager — Management Analyst Meets 4' Wednesday of each month at 12:00 p.m. Updated: August 1, 2011 1 0 234 REPORT/INFORMATIONAL ITEM: .�. Report to La Quinta City Council Palm Springs International Airport Commission Meeting December 21, 2011 General: For the purposes of planning the funding of eligible airports, the Federal Aviation Administration requires these airports to submit an annual Airport Capital Improvement Program. While the submissions are annual, the scope includes the next five years. A great deal of flexibility is provided in order to adapt to changing conditions, but, nevertheless, we must submit this five-year plan. Due to our harsh summertime climate, the major asset of the Airport requires most of our capital — the runways, taxiways, and ramp areas. These paved areas cover more than 10 million square feet of our 940 acres. While we recently repaved our secondary runway, the primary runway and aircraft parking aprons are nearing end -of -life. The Staff developed a capital expenditure plan that accomplishes these restorations, as well as expands baggage handling and gate areas. The approval process for this plan begins with the Commission's review and approval (done today). Second, the FAA approves the grant; and lastly, there are the design and contract awards. Once a grant is approved, the FAA funds 95% of the project cost, with the remainder coming from the Airport Fund. Thus, approximately $1.7 million of Airport money provides $32 million in improvements. Passenger Activity: As we have seen recently, our passenger activity levels have been strong, with near - term growth expected. As of the end of November, we are down by 0.8% year-to-date. Virgin America's Inaugural Flight: On December15, a ceremony was held on the ramp, recognizing the first Virgin flight from New York's JFK Airport to Palm Springs. Virgin provided a reception at the terminal, and Sir Richard Branson, and Mayor Steve Pougnet made brief speeches.. The event was well attended by the press, and Sir Richard and his staff were very pleased to have established this new service. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport 235 REPORTSANFORMATIONAL ITEM:t9 MINUTES ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE MEETING A special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 22, 2011 10:07 a.m. LTA CALL TO ORDER A. This regular meeting of the Architectural and Landscaping Review Committee was called to order at 10:07 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. C Committee Members Present: Committee Member Absent: Jason Arnold, Kevin McCune, and David Thoms None Staff present: Planning Manager David Sawyer, Principal Planner Wallace Nesbit, and Secretary Monika Radeva. PUBLIC COMMENT: None CONFIRMATION OF THE AGENDA: Confirmed CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of June 1, 2011. There being no comments or corrections it was moved and seconded by Committee Members Thoms/McCune to approve the minutes as submitted. Unanimously Approved. BUSINESS ITEMS: A. Site Development Permit 201 1-917 a request submitted by Prest Vuksic Architects for property owner, City of La Quinta Redevelopment Agency/Coral Mountain Partners, LP for consideration of Architectural, Site, and Landscaping Plans for Coral Mountain Apartments, a 176-unit multi -family affordable rental housing community located approximately 660 feet east of Dune fe 236 Architectural and Landscaping Review Committee Minutes June 22, 2011 Palms Road, north of the Desert Sands Unified School District Administrative Campus. Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member McCune said the proposed project was very nice and he was pleased to see it being built in the City of La Quinta. He expressed a concern about the number of proposed trash enclosures and whether or not they would be sufficient to accommodate the number of proposed units and expected residents. He suggested the applicant verify the calculations. Committee Member McCune asked if a rubberized material would be used for the playground surface. Mr. Luke Taylor, Designer with RGA Landscape Architects, Inc., 74020 Alessandro, Suite E, Palm Desert, CA, introduced himself and replied that rubberized material would be used because it tends to be cooler during the hot summer months. Committee Member McCune recommended the applicant increase the proposed shade structure for the playground due to the extreme summer weather in the valley. Committee Member McCune said the natural turf proposed next to the pool structures was a very good idea. He was pleased that the development encompasses a walking trail with the proposed sidewalk encouraging foot traffic within the development as well as to the nearby shopping centers. He asked if there would be a sidewalk on the outside of the development Staff replied the sidewalk would only be on one side of the outer street. He added the street improvements included an extension of the sidewalk into the nearby Komar Desert Center. Discussion followed regarding staff's concern of the size of the pool areas and whether or not they would meet the demand on a per unit basis. Committee Member McCune asked about the overcrowding of the pool areas in the Wolf Waters development. 21 237 Architectural and Landscaping Review Committee Minutes June 22, 2011 Mr. David Drake, Design/Project Manager with Prest Vuksic Architects, 44530 San Pablo Avenue, Suite 200, Palm Desert, CA, introduced himself and explained that as he understood it, the concern with Wolf Waters was not with the size of the pools, but rather with the hardscape areas around the pools. He said this was taken into consideration when designing the pool areas for the Coral Mountain Apartments. Committee Member McCune said he was very pleased with the project and the plant palette. He noted that based on the proposed landscaping plans the project would have plenty of shade. He asked if the parking areas had shade structures. It was confirmed that they do. Committee Member McCune questioned staff's concern regarding the use of Sissou, a type of rosewood tree. Staff replied the proposed tree could have a very invasive root system and might not be ideal. Committee Member McCune felt the tree would be acceptable if planted properly. Mr. John Vuksic, AIA, Prest Vuksic Architects, 44530 San Pablo Avenue, Suite 200, Palm Desert, CA, introduced himself and said the parking shade structures would have a very simple flat aluminum design that would blend in with the rest of the architectural theme. Committee Member Arnold said he was in favor of the project, he was pleased with the proposed desert contemporary architecture and design, the warm, desert, softer color palette. He noted the plant palette was well selected, except for the Shoestring Acacia tree. He recommended the applicant consider using a different type of Acacia due to maintenance concerns. General discussion followed regarding the different types of Acacia trees. Committee Member Thoms said he was also in favor of the project, he particularly liked the architecture of the elevations. He asked if the two gates indicated on the plans on the north side were for Fire Department access. Staff replied that was correct. 238 3 Architectural and Landscaping Review Committee Minutes June 22, 2011 Committee Member Thorns asked if the main entrance into the project would have some type of decorative paving. Mr. Taylor replied there would be decorative paving, which was a combination of different size paver stones. Committee Member Thorns suggested some decorative paving be used in the pool area as well. Mr. Taylor said the same decorative paving was already incorporated in the entrance to the clubhouse. Committee Member Thorns said the proposed sloping roof of the clubhouse was an unnecessary architectural feature and was not found anywhere else in the project. He said he would like to have it changed to a simple flat roof unless there was a particular structural need for it. Mr. Vuksic said the sloping architectural feature was not structurally needed. However, due to the large amount of glass used on the clubhouse design, the sloping roof provided much needed shade. He explained that the same architectural angled elements were also used on some of the buildings throughout the project, but the one for the clubhouse was accentuated a bit more. He said the intent was to create a dramatic space on the inside by having the slab sit on top of a glass room that continued from the outside all the way through the inside. Committee Member McCune said he identified the architecturally angled sloped roof feature as a Prest Vuksic Architects signature. He said he had seen the use of similar features on other Prest Vuksic projects in the Coachella Valley and was very pleased with them. He noted he would not recommend changing the clubhouse architectural design as he found it to be one of the thumbprints of the project. Committee Member Thorns asked if the clubhouse was the only place in the project where there was a laundry facility. Mr. Vuksic .replied there was a second laundry location on the north side of the project. Committee Member Thorns asked about the height of the walls and if they were semi -curved. Mr. Vuksic replied the walls were six feet high. He explained they were smooth precision faced on the 4 to 1 239 Architectural and Landscaping Review Committee Minutes June 22, 2011 interior and split face block wall on the exterior, connected with a wrought iron fence. Committee Member Thoms said he very much liked the design of the walls. Committee Member Thoms asked if the wall on the south side of the project would be twenty feet high. Mr. Vuksic replied that the height of the wall was yet to be determined based on the findings of the currently undergoing' sound studies. Committee Member Thoms asked if the color scheme was going to be as presented in the packet. Mr. Vuksic confirmed the colors would be as presented. Committee Member McCune asked if the decision not to install the entry gates was due to maintenance concerns. Mr. John Durso, President of Sholvin Companies, 46753 Adams Street, La Quinta, CA, introduced himself and replied the applicant had decided not to install the gates for a two reasons. The first one being the inherent lack of security provided by gates, as it was mostly an appearance. And second the possible future maintenance concerns. Committee Member Thoms asked if there was any type of security provided for the development. Mr. Durso replied it was customary for the management company in charge of the community ,to initiate a "watch -dog" program with the help of the residents: He noted that past experiences had proven for this security measure to be very effective. He also said that any suspicious activities were usually reported by residents as well and it was very rare that security would have to be involved. Committee Member Thoms commended staff for the well -written and detailed staff report and giving a through presentation on the project. There being no further discussion, it was moved and seconded by Committee Members Thoms/Arnold to adopt Minute Motion 2011- 005, recommending approval of Site Development Permit 2011- 917, as submitted with staff's recommendations and separately 5 . ,0 1 1 240 Architectural and Landscaping Review Committee Minutes June 22, 2011 asking the applicant to reconsider the proposed slopping roof over the clubhouse. Unanimously approved. Committee Member McCune clarified that the request was not part of the recommendation to the Planning Commission. Planning Manager Sawyer confirmed it was not part of the recommendation. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: Committee Member McCune said it was a pleasure serving on the ALRC with Committee Members Arnold and Thoms. He appreciated their guidance at the beginning and had learned a lot from their comments. Committee Member Thorns said it was a pleasure serving on the ALRC with his fellow Committee Members and thanked staff for their support. Planning Manager Sawyer thanked Committee Members Arnold and Thorns for their expertise and the time they invested into serving on the ALRC. VIII. PLANNING STAFF ITEMS: A. Planning Commission Update IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Thoms/McCune to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on August 3, 2011 (Commission dark for July 6, 2011 meeting.) This meeting was adjourned at 10:50 a.m. on June 22, 2011. MONIKA Secretary 6 i, 241 REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 11, 2011 CALL TO ORDER 7:00 p.m. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairman Alderson. B. PRESENT: Commissioners Barrows, Weber, Wilkinson, Wright, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Manager David Sawyer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved and seconded by Commissioners Wright/Barrows to approve the minutes of September 27, 2011 as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2007-107, Extension No. 1; a request by Grace Baptist Church, for consideration of a time extension to a Conditional Use Permit for a church to occupy an approximately 3,400 square foot tenant space within an existing commercial office building, located at 47-110 Washington Street, Suite 101 (La Quinta Professional Plaza). 0 242 Planning Commission Minutes October 11, 2011 Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being none, he opened the public hearing portion of the meeting and asked if the applicant would like to speak. Mr. Larry Chappell, 47-1 10 Washington Street, Suite 101, Pastor of Grace Baptist Church, introduced himself, gave some background information on the church and offered to answer Commissioners' questions. Commissioner Weber asked if they were able to accommodate all their attendees in the existing space. Mr. Chappell said they had enough room for current attendance, plus their auditorium was capable of accommodating a much larger number. Commissioner Barrows said the extension was for four years and asked if Mr. Chappell had enough room if they had to expand in that time frame. Associate Planner Wuu commented the space was much larger than the applicant's needs and if there were any significant changes, the amendment would come back to the Planning Commission. Commissioner Weber asked if there had been any comments from the noticing of the surrounding neighborhood. Mr. Chappell said no. Chairman Alderson commented on 1) existing parking and 2) room for expansion with the current floor plan; both of which were adequate. Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. Chairman Alderson asked if there was any further public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wright to approve Resolution 2011-016 approving Conditional Use Permit 2007-107, Extension 1, subject to the conditions submitted. Unanimously approved. 243 Planning Commission Minutes October 11, 2011 VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of October 4, 2011, given by Commissioner Wright, followed by general discussion on the City of Indio/Goldenvoice concert item. B. Chairman Alderson is scheduled to attend the October 18, 2011, City Council meeting. IX: DIRECTOR ITEMS: A. The following items were suggested as possible discussion items for the Joint Council meeting of November 1, 201 1: • Over -seeding process - air quality and health concerns. • Roundabouts - applicability and design. • Regional Park Plan - interagency coordination. • Entertainment Venues - possible locations. Regional Trails - specifically the Whitewater Trail - the need to continue working on the Palm Springs to Salton Sea "Car Free" route. Regional Utility - conversation about regional public utility needs. • Regional Building Ordinances - multiple agency consistency. Alternative power sources - incorporation into development design and encouragement of solar, wind, and fuel cell technology. Planning Manager Sawyer advised the Commissioners these suggestions would be passed on to the Planning Director. After his review, several items would be selected and the Commissioners would be notified of time, place, and topics for the Joint Council/Commission meeting. 244 -3- Planning Commission Minutes October 11, 2011 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilkinson/Wright to adjourn this regular meeting of the Planning Commission to the next meeting to be held on October 25, 2011. This meeting was adjourned at 8:00 p.m. on October 11, 2011. Respectfully submitted, C�/ Carolyn alker, Executive Secretary City of La Quinta, California .0 245 REPORTS/INFORMATIONAL ITEM: 19 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 27, 2011 CALL TO ORDER 7:00 p.m. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairman Alderson. B. PRESENT: Commissioners Barrows, Weber, Wilkinson, Wright, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Director Les Johnson, Principal Engineer Ed Wimmer, City Attorney Kathy Jenson, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved and seconded by Commissioners Barrows/Wright to approve the minutes of July 26, 2011 as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Continued Site Development Permit 2002-753, .Amendment 1; a request by Walgreens Company, for consideration to rescind Condition of Approval No. 6 of the original Site Development Permit and to permit the sale of beer and wine at the'existing Walgreens, located at the northeast corner of Avenue 48 and Washington Street. N 246 Planning Commission Minutes September 27, 2011 Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being none, Chairman Alderson asked about the police statistics since this retailer had located on this site. Staff responded that the Police Department was contacted and it was confirmed that for the entire period of time there had been two false alarms and one non -emergency. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. Ms. Jennifer La Fond Chavez, Associate, Luce Forward, Hamilton & Scripps, LLP, 600 West Broadway, Suite 2600, San Diego, CA 92101, introduced herself and commented on Walgreens' previous corporate policy on the sales of alcohol, and the current strong customer demand for the convenience of one -stop shopping. She then gave anecdotal evidence of the need to include beer and wine. She said Walgreens has a lot of experience with regulated products; including tobacco and pharmaceuticals and commented on the corporate policy. which will be followed to make sure that the beer and wine sales are handled safely. She said the store would have cameras inside and the alcohol would be in a very visible location. There would also be public view monitors to go along with the cameras. She added that Walgreens would only sell beer in six-, twelve-, eighteen-, and twenty-four packs as well as full size bottles of wine. So there would not be sales of single cans of beer, or - malt liquor. She then offered to answer any other questions from the commissioners. Commissioner Wilkinson asked about the change of the corporate policy, State-wide, regarding the sale of beer and wine. Ms. Jennifer La Fond Chavez restated their former and present policies. Commissioner Weber asked if the Conditions were acceptable. Ms. La Fond Chavez said Walgreens was comfortable with them and explained they had already put some security plans in place. 247 -2- Planning Commission Minutes September 27, 2011 Commissioner Weber asked if Ms. La Fond Chavez was counsel for Walgreens covering most of Southern California. She said yes. Discussion followed on: • Comparison of these conditions to those imposed at other Southern California locations. • Adequate training for management and staff on the sale of beer and wine. • Other Walgreens locations, in the Coachella Valley, currently selling beer and wine. Ms. La Fond Chavez had no further comments but requested the option of responding to any opposition. Chairman Alderson said she would have the opportunity to respond. Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. Mr. James Duff, 78-625 Descanso Lane, introduced himself as the Secretary to the Board of the Rancho La Quinta Homeowners' Association (HOA) and said he had 42 letters from people (within 500 feet of this location) in opposition to this request. He said he would like to speak on a couple of issues: 1) there are plenty of outlets within a mile of this location (approximately ten) and there is no need to sell alcoholic beverages at this location, 2) at the time this approval was given Walgreens said they would supply a 24-hour drive-thru for drugs and prescriptions; which has yet to be provided. Since they have not provided the 24-hour drive-thru he did not believe these applications would stop with the sale of beer and wine but would continue with applications for additional items. He was not sure that once the door was open that you would be able to stop the proliferation. Mr. Duff commented on the suggestion of one -stop shopping at Walgreens. He said. there are a lot of things that aren't available at Walgreens and the fact you can pick up beer and wine is probably not something that the average person really needs to fulfill their one -stop shopping needs. It's an interesting concept but he suggested that there is very little validity to that situation. Mr. Duff continued there is no community -stated interest in keeping Walgreens profitable, or competitive; they are doing fine the way they are -3- q " 248 Planning Commission Minutes September 27, 2011 and don't need these kinds of sales to make them competitive. Their attorney referenced an article that he sent to the Planning Commission from The Desert Sun. It spoke to the impact of retail alcohol sales on crime; specifically with the case of single -serve alcoholic beverage containers and their problems. However, in the footnotes of that article the sale of alcoholic beverages does create the criminal situation. Increased crime statistics are true in Riverside County and California. The authors of the article point out that alcohol does, in fact, have a great deal of impact; not only in the short, but in the long-range. Mr. Duff pointed out that this location is in a neighborhood situation. The area is different from a mall or a Costco and should be looked at differently. He asked the Commission to particularly focus on the fact that this is a 900 home community which is right across the street. The homeowners think that should bear in the Commission's analysis of the situation. He had other points to cover, but deferred to the HOA President. He then presented the 42 letters to the Commission Secretary. Mr. Rob Dawson, 79-770 Rancho La Quinta Drive, President of the Rancho La Quinta Homeowners' Association (HOA), introduced himself and said he was present, as were most of the members of the Board, when the original application was made for Walgreens which included the condition about having no storage or sales of alcoholic beverages. He commented that nothing has changed, in terms of that particular outlet, other than Walgreens' corporate policy. He said it was important to realize that, within a mile of Walgreens and Rancho La Quinta, there are currently at least ten stores where people can buy beer or wine. And if price was really a factor, then people will be purchasing those products at Costco or BevMo. So, it's certainly not from an element of need, but of corporate policy. The HOA has no need in making Walgreens competitive and it provides no additional tax dollars to the City. Whether people buy from Walgreens or Ralphs it's the same tax revenue. Our Association has not seen any facts or figures to suggest that there has been a strong demand for any type of alcoholic beverages to be sold at this Walgreens. Mr. Dawson then pointed out The Desert Sun article and the correlation between the density of alcohol outlets and violent crime among teens and young adults. He said the HOA's position is there just seems to be no need. It only serves the benefit of Walgreens. It doesn't serve the City of La Quinta and no one is deprived of access to purchase their alcohol. -4- . 41 249 Planning Commission Minutes September 27, 2011 Chairman Alderson asked Mr. Dawson, since this item was continued for 60 days to allow the HOA a bigger voice in the matter; if Mr. Dawson now had representative quantities of people back that he was representing. Mr. Dawson said it was their understanding the limit of impact was anybody that lived within 500 feet of the property. And in that, he stated there were 42 homes that sent letters of opposition. Commissioner Weber asked Mr. Dawson if he had any statistics other than The Desert Sun article regarding police statistics or alcohol related criminal activity that would affect a gated community. Mr. Dawson said The Desert Sun referenced an article that was published by three different gentlemen, under an institute that looks into these items; which cites numerous references. He offered to put the references together for the Commission since the article looked at multiple precedents for determining that the number of alcohol outlets, especially clustered in any given area, increases crime and has a substantial impact on crime. Commissioner Weber said he understood that, but was hoping to have something at this meeting that would be referenced to this particular situation. He understood, generally speaking, alcohol could possibly have a link to criminal activity, but wanted to see the connection between that and how that impacts a gated community with 24 hour security. Mr. Dawson said he was unaware he needed to provide that information but suggested that their gated community has walls about four feet tall and it is not totally protected. General discussion followed on: • The availability of security statistics for the Rancho La Quinta development. • Height and security of their perimeter walls. • Security versus privacy walls. Commissioner Wright referenced the history of this case approval and pointed out there were a number of people against it. He noted the condition was added to placate the nearby homeowners who were upset about this retail establishment being located in a very residential area. He pointed to the map and noted the closeness of Walgreens to Rancho La Quinta, as well as other developments in the area; such as Lake La -5- 250 Planning Commission Minutes September 27, 2011 Ouinta, Laguna de la Paz and Wolff Waters. He said he realized that the needs of the many outweighed the needs of the few and he was speaking personally when he stated he did not agree with, and would not be in support of, rescinding the condition of approval. Mr. Dawson said he would like to make one additional point. He referenced the mention of the Wolff Waters development being close by. Mr. Dawson said he had concerns about having an alcohol outlet so close to low-income housing. Chairman Alderson asked Mr. Dawson if the Wolff Waters development was also very close to Costco. Mr. Dawson replied it was and said Costco already provided alcoholic beverages. Ms. La Fond Chavez requested the opportunity to respond and said Walgreens tried to reach out to the HOA after they requested the continuance. She said Walgreens provided some additional information and followed up on the HOA's concerns to see if they could be addressed. Walgreens did not get a response back. She stated "after what we have heard, it's because there's just no way to get their support for the alcohol sales and I'm sorry that that's the case, but I do want to point out that Walgreens often finds itself situated in the middle of a neighborhood. They know how to handle that environment and here won't be any negative impacts because of the policies and procedures mentioned earlier." Ms. Jennifer La Fond Chavez also pointed out that this is not a money maker for Walgreens. They are going to dedicate a very small portion of the store to beer and wine. She stated "We are asking for up to 2% of the total floor space and we'd be comfortable with a condition that says we can't turn into a liquor store. That's not what Walgreens is after. It really is to provide an additional convenience to customers. It's a small area of the store set aside to serve the existing customers in the store." She then commented on the number of outlets in the area, and Walgreens' research of customer needs. General discussion followed on: • Anecdotal evidence of customer needs • Walgreens' "No Loitering" policy • Conditioning the application so no single -serve container alcoholic beverages could be sold at this location. -6- 0 251 Planning Commission Minutes September 27, 2011 • Any future requests for hard liquor would have to come back to the Planning Commission for review. Chairman Alderson asked if there was any further public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Weber said he didn't see any reason not to grant this request. He expanded on the following points: • It is the City's business to be fair and fair-minded about how we approach businesses. • This is something that is a common business practice throughout the region and throughout the City. • The single -serve situation is an obvious issue when it comes to criminal activity and even The Desert Sun article states that one of the main issues here is that if neighborhood liquor stores do not sell single -serve containers then that is a major crime reducer. • The conditions that are put on here are reasonable. They are conditions that other companies within this same line of business would find a little unusual, but we're doing that because of the neighbors. Commissioner Barrows said she was comfortable with the proposal and recommended the sale of single -serve alcoholic beverages be prohibited. She noted other areas of the community that sell alcoholic beverages in residential areas and said staff has done a careful job of reviewing the issues. The conditions have been placed on the advice of the Police Department and she was comfortable with the proposal with the exception of the single -serve prohibition which would be an added condition. Commissioner Wright restated his earlier concerns and said he was not in favor of rescinding this at this time. Commissioner Wilkinson asked about how this related to the City's H.E.A.L. Program. Planning Director Johnson responded Healthy Eating Active Living (H.E.A.L.) campaign focused on making healthier choices, being active and encouraging residents in the community to do the same. 252 Planning Commission Minutes September 27, 2011 General discussion followed regarding the City's H.E.A.L. and Green Programs. Commissioner Wilkinson said he didn't really hear anything about how this was going to help Walgreens' business or any substantial statistics about crime. He provided anecdotal evidence of Blue Laws and pointed out how he didn't hear any evidence to make him want to rescind the condition. Chairman Alderson commented on Walgreens' presentation and said the community currently is in a slump, and the promotion of business is pretty important to this community and businesses. He said there are no schools in the area so they are not an issue. He commented on the pros and cons and his support of the rescinding of the condition. General discussion followed on: • Any exterior display, or signage, involving alcoholic beverages. • The inclusion of a condition about the amount of square footage to be allowed for the sale and display of alcoholic beverages. There being no further discussion, it was moved and seconded by Commissioners Weber/Barrows to approve Resolution 2011-014 approving Site Development Permit 2002-753, Amendment 1, subject to the conditions submitted and the additional conditions: 6. The sale of alcoholic beverages at this site is limited to beer and wine. No hard liquor sales shall occur at this site. 7. The sale of single -serve alcoholic beverages is prohibited. 8. The sale display area of alcoholic beverages shall not exceed an area greater than two percent (2%) of the store floor area. AYES: Commissioners Barrows, Weber, and Chairman Alderson. NOES: Commissioners Wilkinson and Wright. ABSENT: None. ABSTAIN: None. B. Village Use Permit 2008-042; a request by Dr. Kathryn Carlson, Village Park Animal Hospital, for consideration of a Village Use Permit to construct an 8,752 square foot veterinary office, located at 51-230 Eisenhower Drive. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. He commented on two -8- 1 253 Planning Commission Minutes September 27, 2011 letters and a memorandum recommending some changes to the Conditions of Approval, which were distributed to the Commissioners at the meeting. Staff then recommended approval with the inclusion of the changed conditions. Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked staff for clarification on condition number 6a; regarding the inclusion of the word MAY. Staff deferred to Public Works for response. Principal Engineer Wimmer explained there are three documents that currently address SWPPPs; 1) California State General Construction Permit, 2) La Quinta's Municipal NPDES Permit, and 3) Uniform Building Code. All three of these documents speak about the Stormwater Pollution Prevention Plan (SWPPP). The Municipal NPDES Permit and the Statewide General Construction Permit only require an SWPPP for projects that are one acre or more. This project is less than one acre, and under those two permits, an SWPPP would not be required. However under the 2010 California Green Building Standards Code, there is I.anguage that may require the SWPPP for projects that are less than one acre. While we don't have a definitive answer, staff is researching this to find out how this is being interpreted. We are exploring this item, but the SWPPP may be required under this building code even though this project is less than one acre. Commissioner Barrows was concerned that it was not really clear what the applicant was supposed to do. She asked if there was a way to better define what is expected of the client. Principal Engineer Wimmer said staff would be amenable to having some clarifying language put in there. Commissioner Weber had a question on condition 23.A.2. that had been deleted. He asked if this was no longer a requirement for the applicant since it was noted to have been deleted due to an oversight. Principal Engineer Wimmer explained there is an application that is not yet going to be heard. The two other components to this total application include a right-of-way vacation request and the approval of a development agreement. In the right-of-way vacation request, the issue -9- to254 Planning Commission Minutes September 27, 2011 Commissioner Barrows described is what is being looked at. This particular area has been slated for a signal, but it is also being looked at potentially for a roundabout. What would be unfortunate is that the recommendations were made to vacate the right-of-way which is going to later be needed for either the traffic signal or the roundabout. Since this item was going tonight a condition was crafted that would basically defer this particular issue until the right-of-way vacation issues were sorted out. General discussion followed on: • What area was, or could be, affected by the right-of-way or street vacation. • The size of the building versus the land available. • The element of risk. • "In Lieu Of" fee for 13 parking stalls (50% available/50% being accommodated). • Processing procedures for this type of application. • The possible location of a traffic circle. • Trip generation not requiring a traffic study. Chairman Alderson complimented the ALRC on its review of this application and directed the Commissioners to page 5 of 7 in the architectural review. He suggested item number 4 (the size of the trees in the parking lot should increase to 36 from 24 inch), number 5, (add additional dog relief area in the landscape for waiting animal patients), number 7 (the smooth finish for the building would be preferred rather than a sand finish), number 10 (cascading plants should be placed on the balcony) and number 12 (remove the planter in the sidewalk area on the eastern side of the entry), were worthy of being added as conditions. Commissioner Wright generally agreed with the ALRC comments, but not with the one suggesting the use of a darker color for the building. Commissioner Barrows said she agreed with what had been included in number 9 (tree replacement) but would comment on it later in the meeting. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. -10- fs 255 Planning Commission Minutes September 27, 2011 Mr. Brian DeCoster, 80-900 Calle Conchita, introduced himself as the project manager, and commented on the size of the building and the area needed to accommodate the applicant's business. He then addressed item 25F of the memorandum, referring to drive aisles (16 and 20 feet). He said there had been discussion back and forth on this item, but they were fairly limited on how much they could adjust the parking lot. He said they would like to keep the parking lot as it was shown since they spent a lot of time with a civil engineer and the Engineering Department, trying to make this happen. He added they were willing to do what it took, but if there was a better way of doing this to get both your requirements and our building built then we're certainly all for it. Mr. DeCoster then referenced ALRC suggested condition number 10 (removal of planter) and explained why that planter was needed. He also noted that they have included greenery in quite a few places to try to reduce graffiti. He then said he would be happy to answer any additional Commissioner's questions. General discussion followed which included an explanation of what was being requested regarding item 25F of the memorandum to the Commission; with staff commenting that they would be working with the applicant and their engineer to achieve those dimensions. Mr. DeCoster asked for clarification on recommendation number 9 which states: "Simplify the landscaping palette by reducing the number of different types of plants. Replace the fruitless olives with Palo Verde." He wanted to know if the Commission was considering the whole item, or just the portion regarding the tree replacement. Commissioner Barrows said she did not feel it was necessary to include the first sentence, but added that more desert landscaping, particularly more local species should be included; which applied to the second sentence of that recommendation. Mr. DeCoster said they had no opposition to including desert tree species. Commissioner Barrows asked the applicant for an explanation of the comments, noted in the minutes from the ALRC meeting, about the cascading plants possibly affecting the artistic design of the decorative screens. Mr. DeCoster said it would be difficult to maintain plants since that area is completely screened to prevent a dog from jumping out. It would not 11 _ 256 Planning Commission Minutes September 27, 2011 be impossible to maintain the plants, but it would be very difficult in that particular area. General discussion followed regarding: • Where the screens were located. • The type of design utilized on the screens. • Inclusion of a railing. Dr. Kathryn Carlson, 80-900 Calle Conchita, introduced herself and spoke on her mountainscape design. She said she has a garden area for boarding animals at her current building and wanted a free place for dogs to be able to go to in her new building. She wanted the same feel, but had square footage constraints with the new building. She designed this with the feel of the Art in Public Places pieces that are seen throughout La Quinta. She said she has always loved La Quinta for the artwork and how it has been promoted. She thought it would be nice to include that type of artwork. She added, as you are driving down Eisenhower and you get to the stop sign at Calle Tampico you will see a beautiful building; even without the cascading plants because of the design, which is similar to the City's bridges. General discussion followed on: • The inclusion of plants on some of the balconies. • Clarification of ALRC conditions to be added. • The addition/placement of a bicycle rack. General discussion of the water feature then followed on: • It would be more of an art piece than water feature. • The general design would include glass block since it would provide light to the room behind it. • Would not employ excessive water usage. • Would be a drip -type fountain with a floor drain. Dr. Carlson commented that it would be basically like a dripping water fountain from the wall. If that could not be done, logistically, it would be made of artistic glass block to represent a water feature. She then described her vision of the feature utilizing various types of glass block. 14 25-1 N`m Planning Commission Minutes September 27, 2011 Dr. Carlson also commented on the negative letter submitted by Mr. Michael Fisher, and explained her concern about the park being for families as well as her support and use of the park over the years. She concluded by saying she tried to support La Quinta as much as possible and also encouraged her clients to use the trails as well. She then offered to answer any additional questions the Commissioners might have. Chairman Alderson asked if the Commissioners had any further questions. Having none, Chairman Alderson asked if there was any other public comment. Ms. Kay Wolff, 77227 Calle Ensenada, introduced herself and said she thought that it was wonderful Dr. Carlson was trying to keep her animal hospital in La Quinta and in the Cove Area. She said it was an asset in many ways, not only for the services provided, but also for the extracurricular activities the doctor sponsored in the park. She then commented on the building that was going to be vacated, its historicity, and her friend who was raised in that building. She did not want to see it demolished or desecrated in a way that would remove it from being a historical landmark for La Quinta. She concluded with her support of the application to build the new animal hospital. General discussion followed on the historical background and status of the current veterinary hospital building. The discussion ended with the Planning Director clarifying that any significant changes to the exterior of the building would make it subject to environmental review for CEQA and would have to be reviewed by the Historic Preservation Commission which reports directly to the Council. He also stated that there is some protection for a historical property. Chairman Alderson asked if there was any further public comment. Ms. Mary Cornell, 81-107 Tranquility Drive, Indio, introduced herself and spoke on behalf of Dr. Carlson and the contribution that she has made to the community, over the years. She added that what Dr. Carlson did, at a time when almost every veterinary practice had been bought out by corporations, was to continue to provide compassionate, individual care for her patients and she was here to provide support for Dr. Carlson's request. -13- 11 258 Planning Commission Minutes September 27, 2011 Ms. Cornell added that she hoped that the Commission would see to it that this went forward because it was not only a contribution to the members of La Quinta, but all of the surrounding communities that come to Dr. Carlson for care not available anyplace else. Chairman Alderson asked if there were any more questions of the applicant or further public comment. There being none he closed the public hearing portion of the meeting and opened the matter for Commission discussion. General discussion followed on: • Businesses making the investment to stay in La Quinta. • How it was good to see projects in that area. • Coverage of lot area. • Good design. • Clarification of item 25.F - 16 to 20 feet. There being no further discussion, it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2011-015, approving Village Use Permit 2008-042, as submitted with the addition of conditions suggested at the ALRC Meeting of December 2, 2009 as follows: • A smooth finish for the building shall be used rather than sand finish (noted in Final Conditions as No. 56). • The size of the trees in the parking lot should be increased to 36- from 24-inch (minimum diameter calipers) boxes in the landscaping area (noted in Final Conditions as No. 66) • Add additional dog relief area into the landscaping someplace for waiting animal patients (noted in Final Conditions as No. 67). • The landscaping plan shall replace Fruitless Olive Trees with Palo Verde trees (noted in Final Conditions as No. 68). In addition, the Condition of Approval No. 6.A. shall be revised, for clarification, to read: • For construction activities including clearing, grading or excavation of land, the Permittee may be required to submit a Storm Water I1 259 -14- Planning Commission Minutes September 27, 2011 Pollution Prevention Plan ("SWPPP") to the State Water Resources Control Board, if required by the Building Official. Unanimously approved. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Flyer about the Coachella Valley Water District Water Awareness Tour scheduled for October 7, 2011. VIII. COMMISSIONER ITEMS: A. Report on City Council Meetings of August 2, and September 20, 2011; including comments on the approval of the City's Housing Element and the upcoming Joint Meeting and Commissioner Appointments meeting. B. Commissioner Wright is scheduled to attend the October 4, 2011, City Council meeting. IX: DIRECTOR ITEMS: A. Discussion items for the Joint Council meeting will be agendized on next Planning Commission Meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilkinson/Barrows to adjourn this regular meeting of the Planning Commission to the next meeting to be held on October 11, 2011. This meeting was adjourned at 9:06 p.m. on September 27, 2011. Respectfully submitted, Carolyn alker, Executive Secretary City of La Quinta, California -15- 4 260 REPORTS/INFORMATIONAL ITEM: �- MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 16, 2011 This meeting of the Historic Preservation Commission was called to order at 3:02 p.m. by Chairman Wright. CALL TO ORDER A. Pledge of Allegiance B. Roll Call Present: Commissioners Peggy Redmon, Allan Wilbur, and Chairman Robert Wright Absent: Commissioner Maria Puente and Archie Sharp Staff Present: Planning Manager David Sawyer and Secretary Monika Radeva II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Redmon/Wilbur to approve the minutes of April 21, 2011, as submitted. AYES: Commissioners Redmon, Wilbur, and Chairman Wright. NOES: None. ABSENT: Commissioners Puente and Sharp. ABSTAIN: None 261 I Historic Preservation Commission June 16, 2011 V. BUSINESS ITEMS: A. Work Program 201 1 /2012: Planning Manager Sawyer passed out a summary of the key work program items the Commission and staff were scheduled to work on during the current budget cycle (Fiscal Year 2011 - 2012). The list included: - Historic Tour Brochure - Historic Context Survey - Digitization of Historic Surveys - Local Training and Education Opportunities - Curation Planning Manager Sawyer said the release of the Historic Tour Brochure was planned to be simultaneous with the installation of the Historic Plaques for the City's thirtieth anniversary. He said the curation work program item was a low priority item which required a lot of resources and it would be addressed as staff's time and resources allowed. Commissioner Wright talked about a state of the art curation facility at Ft. Irwin, CA, which the HPC had visited a few years back. General discussion followed regarding the artifacts that the City of La Quinta has in storage and the resources it would require to have them curated. Discussion followed regarding different local training opportunities for the Commissioners to attend in order to meet their certification requirements. General discussion followed regarding the historic landscape of the City and the homes that have been identified in the Historic Context Statement; possibly identifying guidelines for determining what homes should be preserved, etc. B. Discussion of possible workshops, or training, in cooperation with the State Historic Preservation Office (SHPO): Planning Manager Sawyer said the Commission would not be attending the Historic Preservation Conference next year. He said staff would notify the Commissioners of any local training and education opportunities in order for them to meet their certification requirements. 2 262 Historic Preservation Commission June 16, 2011 He asked the Commissioners to let staff know if they hear of any training opportunities themselves. C. Summer Schedule: The Commission voted to go dark for the months of July and August of 2011. The next regularly scheduled meeting was scheduled for September 15, 2011. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMISSIONER ITEMS: Commissioner Wright said this would be his last meeting serving as a Commissioner on the Historic Preservation Commission. He explained he was appointed Commissioner on the Planning Commission. He thanked staff and the Commissioners for the great experience this has been over the last seventeen years that he has served on the HPC. VIII. PLANNING STAFF ITEMS: Planning Manager Sawyer thanked Commissioner Wright for his devoted services on the Historic Preservation Commission and said he was looking forward to working with him on the Planning Commission. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilbur/Redmon to adjourn this Meeting of the Historic Preservation Commission to the next Meeting to be held on September 15, 2011. This meeting of the Historic Preservation Commission was adjourned on April 21, 2011, at 3:36 p.m. AYES: Commissioners Redmon, Wilbur, and Chairman Wright. NOES: None. ABSENT: Commissioners Puente and Sharp. ABSTAINA None. E eve Secretary 263 3 JANUARY 16 - 22 JANUARY 17 JANUARY 29 FEBRUARY 7 FEBRUARY 16 FEBRUARY 20 FEBRUARY 21 MARCH 6 MARCH 8 -11 MARCH 20 DEPARTMENT REPORT: 3� CITY COUNCIL'S UPCOMING EVENTS HUMANA CHALLENGE GOLF TOURNAMENT CITY COUNCIL MEETING CHAMBER OF COMMERCE CAR SHOW CITY COUNCIL MEETING ATHLETIC HONORS CITY HALL CLOSED - PRESIDENT'S DAY CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING 264 January 2012 Monthly Planner Monday Tuesday WednesdaySunday 1 2 3 4 5 6 .7 ¢ New Years Day 3:00 PM C@J Council Meeang 1000 AM -ALRC 9 Holiday Observed - CITY HALL .,:. Now Years Day CLOSED 8 9 10 11 12 13 14 10:00 AM Pub. Sfty- 7:00 PM Planning 4:00 PM Investment 9:30 AM Animel Campus. Franklin Henderson 12'00 PM Tra nsporteaon - Co mission AdvisoryBoard 11:00 AM CVCC-VACANT 11:00 AM Pliers Of The HeMenon 3:00 PM Mtns. CommunayClvic Center Campus Consversancy-Franklin 12:00 PM Energy) 5:30 PM Communal, Services Commiswn Envhon: VACANT 6:00 PM League Henderson 15 16 17 18 19 20 21 3 W PM City Coundl Meeeq 10:00 AM Homelessness Corte -FrwUn 3:00 PM Historic Pfa3er. 9:00 AM CVA-Evens 2:00 PM J Cochran Reg vel10n OOIIali3310n AftpoM1-FrenMin Martin Luther Kings Birthday (CITY HALL CLOSED) Humana Challenge 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM SuMrM-Adolph 9:00 AM LAFC0- Comnis3ion Henderson umana Chall... 29 30 31 Chamber of Comm- erce Car Show 6:00 PM Exec Cade: Adolph December I1 February 12 S M T W T F S - S M T W T F S 1 2 3 1 2 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 29 Printed by Calendar Creator Plus on 1/9/2012 ,� C ItU February 2012 Monthly Planner MondaySunday 1 2 3 4 January 10:00 AM -ALRC 12:00 PM Mayors Lunch S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 10:00 AM Transp. 3:00 PM City Coundl Meeting 4:00 PM Investra ni 11:00 AM CVCC-VACANT Henderson Advisory Board 12:00 PM Energy) 6:00 PM IID Energy Evniron: VACANT Cnn>FranMin 12 13 14 15 16 17 18 10:00 AM Pub. Shy. 7:00 PM Pinning 10:00 AM Homelessness CmisFwldin 11:00 AM Athletic 9:00 AM CVA-Evans Henderson 5:30 PM Community Commission PM 2 �RegAlrp n--Flrank in Honors - Civic Center Campus Services Commission 3:00 PM Historic Preser 6:00 PM League- vation Comrssion Henderson 19 20 21 22 23 24 25 3:00 PM Cdy Coundl Meetlrlp 12:00 PM SunliwAdolph 99 PmsidenCs Day (CITY }TALL CLOSED) 26 27 28 29 6:00 PM Exec Was 7:00 PM Planning March Adolph Commission S M T W T F S 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 1/9/2012 266 March 2012 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 February April S M T W T F S S M T W T F S 1 2 3 4- 1 2 3 4 5 6 7 5 6 7 8 9 10 11 8 9 10 11 12 13 14 12 13 14 15 16 17 18 15 16 17 18 19 20 21 19 20 21 22 23 24 25 22 23 24 25 26 V 28 26 27 28 29 29 30 . 4 5 6 7 8 9 10 10:00 AM Transp. Henderson 6:00 PM 110 Energy CmWFmnMln 3:00 PM City Council Meaang 10:00 AM -ALRC 9:30 AM Animal Campus - Fror Min 1100 AM CVCC-VACANT 12:00 PM Energyl Emiron: VACANT LA QUINTA ARTS FESTIVAL 11 12 13 14 15 16 17 10:00 AM Pub. Sity- 7:00 PM Planning 4:00 PM Investment 3:00 PM Historic Preser, 9,00 AM CVA-Evans Henderson Commission Aduiaary Board vation Conurission 3:00 PM Mtns. Consversancy-Franklin 5:30 PM Communey SeNims Commission 6:00 PM League. Henderson LA QUINTA ... 18 19 20 21 22 23 24 3:00 PM Coy Councl Meeang 10:00 AM Hameleaeneae Cmta-Franklin 9:00 AM LAFCO- Henderson 25 26 27 28 29 30 31 6:00 PM Exec Cmte: 7:00 PM Planning 12:00 PM Sunline-Adolph Adolph Congrission Printed by Calendar Creator Plus on 1/9/2012 4 267 DEPARTMENT REPORT: D4 T-Uf ot 4 a" TO: The Honorable Mayor and Members of City Council FROM: Greg Butler, Building & Safety Director DATE: January 11, 2011 RE: Department Report — December 2011 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of December. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $37,862,014 which includes the issuance of 81 building permits in December; • Animal Control handled 358 cases in December; • Code Compliance initiated 161 cases in December; • Garage sale permits generated $1210 revenue in December. " 268 Month January - ------- -- ,February March April September !October ;November - :December Total N) Cn Co CITY OF LA QUINTA BUILDING PERMIT STATISTICS 2011 Permits 1 Issued Total Valuation SFD! Total (dollars) 3 109! 4,132,179 3 95; 2j,690,022 5 110; 2,377,069 104 3r315r293 5: 1281 41131,790 7 141 41,106,444 21106! 3,622,237 1:: 1121 2,124,649 S 107 3,842,435 0: 127i 21204,746 S- 104 21004,095, 2 81J 31311F055 41 1,324i 37,862,014 2010 Permits Permits Issued Total Valuation' Issued ;FD j Total (dollars) 1SFD, i Total 51 86 3,375,943, 1 84 21 67 2r82812921— ---I- 1 2 85 ii 93 11397,1471 6, 119 lt 113 3,096,643' 4 98 3 831 11771f8721 20: 109 2! 122 3,735,5521 28 131 3i 110 3,300,2401 14; 136 01 116: 21056F3061 7 99 13j 147 5r91414551 2: 130 1: 164 41925,832, 3;: 101 11 127 41819j,4371 15 73 41 133 8,762,0741 1: 87: 734r361:! 45,983,793! 103 1,2521 :al Valuation; (dollars) 1,890,966, 2,741,1411: 3,291,631 4,357,452? 6,142,470 51726,972: 4,059,252 3,638,865 21677FS22 31326,234 -4161431862 2,142,020 44,638,687 PREPARED 1/09/12, 17:08:12 PROGRAM BP220L CITY OF LA QUINTA ------------------------------ APPLICATION TYPE AR ADDITION - RESIDENTIAL BLCK WALL/FENCE ELEC ELECTRICAL MECH MECHANICAL PAT PATIO COVER - RESIDENTIAL PLBG PLUMBING RC REMODEL - COMMERCIAL RER REMODEL'- RESIDENTIAL RPL POOL - RESIDENTIAL RR RE -ROOF SFD DWELLING - SINGLE FAMILY DETACHED SIGN SIGN SOL SOLAR BOTH STRUCTURES OTHER THAN BUILDINGS SPIN SPECIAL INSPECTION N O PERMIT STATISTICS BY APPLICATION TYPE PAGE 1 FOR THE PERIOD 12/01/11 THRU 12/31/11 FOR ISSUED PERMITS OF ALL PERMIT TYPES DEPARTMENT - BUILDING & SAFETY ----------------------------------------------- ------------ THIS PERIOD -________ ------- _-__-----_-- SAME PERIOD PREV YEAR -------- APPLE ------------------------------------------------------------------------------------------- PERMITS APPL VALUATN FEES APPLS PERMITS APPL VALUATN FEES 4 15 327082 4333.67 2 Y 24997 920.83 6 7 18965 311.56 23 24 48694 1073.69 T V 11400 210.63 2 2 2900 67.00 16 16 171661 916.B0 22 23 210846 1879.32 .. 7 12 38042 1111.02 5 10 40189 972.67 9 9 11250 300.04 13 13 12879 369.43 5 19 1088000 9996.11 1 4 160000 1680.68 2 2 "3300 128.85 8 16 69658 1598.68 10 40 238200 5065.26 9 34 268095 5224.62 6 6 324905 180.00 1 1 250 30.00 2 10 876909 7385.04 41 205 7927187 73711.92 2 2 31000 93.00 2 2 3300 63.00 2 4 138221 112.52 1 2 4800 86.07 3 9 32100 669.04 3 6 16000 435.61 " 0 0 0 .00 2 2 100 200.00 TOTALS: el 158 3311055 30813.54 135 351 8789874 88113.72 TOTAL SQUARE FOOTAGE: 13286 N -J 2011 Code Compliance Statistical Report ABATEMENTS Jan Feb Mar Apr May Jun Jul Au Sep Oct I Nov I Dec Year To Date NUISANCE ABATEMENTS Property Maintenance Started 131 173 299 192 111 155 167 210 148 164 104 117 1971 Completed. 136 191 197 140 170 193 170 160 193 1 224 193 160 2127 Zoning Code Violations Started 10 14 16 48 39 11 35 27 25 6 57 30 318 Completed 10 20 14 36 33 22 32 36 37 19 25 27 311 WEED ABATEMENTS Started 3 8 24 18 6 6 14 14 11 6 3 4 117 Completed 23 5 8 10 9 15 19 11 12 15 11 3 141 VEHICLE ABATEMENTS Started 23 23 25 40 10 25 13 20 22 18 13 7 239 Completed 17 25 1 11 1 31 9 19 17 16 9 18 7 6 185 BUILDING CODE VIOLATIONS Started 13 7 9 14 9 4 6 6 5 7 11 3 94 Completed 10 8 1 12 1 11 10 6 5 6 6 10 11 8 103 Total Started 180 226 373 312 175 201 235 277 211 201 188 R 2739 Total Completed 196 249 242 228 231 266 243 229 257 286 247 204 2867 Case Follow -Ups 747 753 897 637 629 847 796 781 841 884 721 724 9267 BUSINESS LICENSE INSPEC Started 1 3 1 4 6 7 5 2 2 3 0 2 36 Completed 3 5 3 3 6 4 6 6 2 2 0 3 43 GARAGE SALE PERMITS 121 97 164 1RF 14V 160 119 115 136 176 161 112 1674 GOLF CART PERMITS 2 1 1 1 1 1 0 0 0 0 4 0 11 HOME OCCUPATION INSPEC 4 12 11 8 8 7 6 9 8 10 9 112 204 MASSAGE PERMITS 3 1 1 5 1 0 1 1 1 5 5 1 25 POOL DRAINING PERMITS 11 6 11 12 11 14 4 9 8 10 6 7 109 2011 Animal Control Statistical Report ANIMAL PICK-UPS Jan I Feb I Mar Apr I May Jun Jul I AugSep I Oct I Nov Dec I Year To Date Dogs Alive 13 23 43 25 20 16 27 30 14 19 46 35 311 Dead 2 1 1 2 1 2 1 3 3 1 2 1 3 1 1 1 3 4 1 27 Owner Turn In OTI 01 11 4 1 4 1 2 1 0 1 1 1 2 1 1 1 0 1 6 1 4 1 25 Cats Alive 33 34 28 25 21 41 17 27 15 12 15 27 295 Dead 7 14 10 7 6 8 5 10 4 4 9 7 91 Owner Turn In (OTI) 01 0 0 0 0 0 0 0 0 0 9 0 9 Other Animals Alive 10 10 11 26 29 26 6 12 16 7 11 3 167 Dead 7 8 9 25 10 14 8 13 8 8 9 7 126 Owner Turn In (OTI) 01 01 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 Total Animal Pick -Ups Alive 56 67 82 1 76 1 70 1 83 50 69—F 45 1 38 1 72 65 773 Dead 16 23 20 34 18 25 16 25 15 13 21 18 244 Owner Turn In (OTI) 0 1 4 4 2 0 1 2 1 0 15 4 34 Total Animals Removed 72 91 106 1 114 1 90 108 67 96 61 51 108 87 1051 INCIDENTS HANDLED Bite Reports 3 6 3 5 6 1 1 14 5 2 2 1 49 Animal Trap Set Ups 18 13 6 12 13 14 10 8 8 2 11 5 120 Cruelty to Animals 0 1 1 3 0 1 2 2 0 1 0 0 11 Vicious Animal Restraining 0 1 0 0 0 0 0 0 1 0 0 0 2 Zoning 0 0 0 0 0 1 2 1. 2 0 0 0 6 Lost/Found 0 0 0 0 0 0 1 1 0 0 0 0 2 Outside Agency 0 0 0 0 0 0 1 0 0 0 0 0 1 Other 146 174 194 160 229 209 203 201 193 198 156 175 2238 Total Incidents Handled 167 195 204 180 248 226 220 227 209 203 169 181 2429 VIOLATIONS Dogs at Lar a 261 24 40 26 25 25 29 30 17 24 37 34 337 Noise Disturbance 6 1 14 4 17 8 2 5 8 6 9 6 86 Animal Welfare 2 1 3 1 1 0 3 0 3 2 0 1 17 License Violation 60 21 83 41 57 73 69 51 81 44 74 44 698 Other 14 2 2 4 1 4 2 7 8 5 4 5 58 Total Violations 108 49 142 76 101 110 105 93 117 81 124 90 1196 Total Monthlylncidents 347 335 452 370 439 i 444 392 416 387 335 401 358 4676 N N i DEPARTMENT REPORT: 4 aCPaM F F`y OF'[Nf'� TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: January 17, 2012 SUBJECT: Community Services Department Report for December 2011 Upcoming events of the Community Services Department for February 2012: Computers *Basic Microsoft Word *Digital Camera 2 *Intermediate Internet & Email Dance *Swing/Latin Fusion *Dance Workshop *Intermediate Tap Dance, Play & Pretend, La Quinta High School Beginning Ballet (5-10 yrs.), La Quinta High School Ballet/Tap (4-6 & 7-10 yrs.), La Quinta High School Jazz/Hip Hop (3-5 yrs.), Fitness Center Performance, Rhythm & Tap (18 yrs. & up), La Quinta High School Hawaiian Dance (14 yrs. & up), Senior Center Exercise & Fitness *Morning Workout *Mat Pilates *Tai Chi Chuan/Qi Gong *Yoga for Health *Chair Yoga W.E.L.L. Morning Walks, Civic Center Campus Adult Walks, Fred Wolff Bear Creek Nature Preserve Walks for Kids and Families, Fred Wolff Bear Creek Nature Preserve Yoga AM, Library Yoga PM, Library Jazzercise, Senior Center Zumba, Senior Center Free Programs *Quitters *Woodcarvers Martial Arts Karate/ Taekwondo, Senior Center 14 273 Music Beginning Guitar, Senior Center Rock Solo. Senior Center Special Events *Valentine Luncheon *Evening Dance Athletic Honors, Civic Center Campus Sports Open Gym Basketball & Volleyball Disc Golf Tournament, LQ Cove Oasis *Senior Center class or activity " 274 Community Services Department Attendance Report for December 2011 Summary Sheet Variance Sessions Per Month Program 2011 2010 2011 2010 Leisure Classes 1301 60 70 41 42 Special Events 1180 990 190 2 2 Sports 264 339 -75 19 21 Senior Center 1058 1078 -20 80 80 Total 2,632 2,467 165 142 145 Senior Services Senior Center 2641 208 56 17 10 Total 264 208 56 17 10 Sports User Groups La Quints Park AYSO 1400 1300 100 7 9 Desert Boot Camp 50 50 0 6 4 LQ Rugby Club 301 25 5 12 8 Sports Complex LQ Youth & Sports -1 175 60 115 17 16 PDLQ Football 50 0 50 4 0 Colonel Mitchell Paige LQ Rugby Club 30 0 30 3 0 C.V. Revolution 20 0 20 4 0 Facility/Park Rentals Senior Center (Private Party) 0 200 -200 0 1 (Sunday Church) -2 225 600 -375 3 8 Museum Meeting Room 0 120 -120 0 2 Library Classroom 1801 360 -180 3 6 Civic Center Campus (Private Party) 100 0 100 2 0 Park Rentals La Quinta Park 100 100 0 2 2 Fritz Burns Park 0 50 -50 0 1 Total 2,360 2,865 -505 631 57 Total Programs 1 5,2561 5,540 -284 222 212 Volunteer Hours Senior Center 1 162 316 -154 Total Volunteer Hours 1 1621 316 -154 1 Winter Ball League was minimized in 2010 due to Sports Complex Core construction. 2 Two church groups met at Senior Center in 2010; only one church group this year. ? 275 Community Services Department Program Report for December 2011 2011 2010 2011 2010 Participants Participants Variance Meetings Meetings Leisure Classes Pre-Ballet/Jazz 3-5 4 0 4 1 0 Ballet/Tap 4-6 5 8 -3 1 3 Dance And Cheer 7 0 7 2 0 Yoga - Morning 5 10 -5 4 4 Yoga - Evening 4 8 -4 5 5 Computers - Beg. 5 0 5 2 0 Karate/Taekwondo 4- 8 (Beg.) 14 0 14 7 0 Karate/Taekwondo 4- 8 (Inter.) 37 0 37 7 0 Karate/Taekwondo 9 & up 28 0 28 7 0 Dance, Play & Pretend 9 0 9 1 0 Jazzercise 12 12 0 4 9 Totals 130 38 921 411 21 2011 2010 2011 2010 Participants Participants Variance I Meetings I Meetings Special Events Tree Lighting Ceremony 1000 740 260 1 1 Breakfast with Santa 180 250 -70 1 1 Totals 1180 990 190 2 2 2011 2010 2011 2010 Participants Participants Variance Meetings I Meetings Sports Open Gym Basketball 207 257 -50 12 13 Open Gym Volleyball 35 26 9 4 5 W.E.L.L. Walking Club 5 12 -7 1 1 Nature Walk 5 14 -9 1 1 Disc Golf Tournament 12 30 18 1 1 Totals 264 339 -75 19 21 Community Services Totals 1 1,5741 1,3671 2071 621 44 p_ 216 Community Services Department Monthly Revenue Report for December 2011 Monthly Revenue - Facility Rentals 2011 2010 Variance Library $ $ - $ Museum $ $ 700.00 Senior Center -i $ 675.00 $ 3,342.50 $ (2,667.50) Parks $ 610.00 $ 150.00 $ 460.00 Sports Fields $ 708.00 $ 450.00 $ 258.00 Monthly Facility Revenue $ 1,993.00 $ 4,642.50 $ (1,949.50) Monthly Revenue Senior Center $ 1,854.00 $ 3,257.00 1 $ (1,403.00) Community Services $ 4,110.00 $ 3,641.001 $ 469.00 La Quinta Resident Cards $ 10,700.00 $ 8,245.001 $ 2,455.00 Total Revenue $ 16,664.00 $ 15,143.00 1 $ _ 1,521.00 Revenue Year to Date Facility Revenue $ 15,947.00 $ 28,543.00 $ (12,596.00) Senior Center $ 17,035.00 $ 20,265.50 $ (3,230.50) Community Services $ 33,138.50 $ 26,646.00 $ 6,492.50 La Quinta Resident Cards $ 41,750.00 $ 36,245.00 $ 5,505.00 Total Revenue to Date $ 107,870.50 $ 111,699.50 $ (3,829.00) -1 Decrease in revenue due to loss of church user group on Sundays. " 277 Senior Center Attendance Senior Center Program Report for December 2011 Participation Participation Variance Meetings Meetings 2011 2010 2011 2010 Senior Activities ACBL 2 99ers 80 128 -48 3 3 Bridge, Social/Party 270 341 -71 12 13 Evening Dance 31 27 4 1 1 Monthly Birthday Party 45 45 0 1 1 Monthly Luncheon (Holiday) 111 141 -30 1 1 Movie Time 52 29 23 5 3 Tennis 137 112 25 9 8 Putting Action 11 16 -5 4 3 Senior Activity Total 737 839 -102 36 33 Senior Leisure Classes Basic Computer 6 4 2 4 3 .Dance Workshop - 6 5 1 1 1 Exercise 31 28 3 7 8 Golden Tones 37 51 -14 3 3 Hooked on Loops 5 8 -3 2 2 Intermediate Bride 12 0 12 2 0 Mat Pilates 17 14 3 7 8 Ouilters 32 19 13 3 3 Swing/Latin Fusion 5 5 0 2 2 Ukulele Players 139 42 97 8 3 Woodcarvers 31 26 5 5 3 Senior Leisure Classes Total 321 202 119 44 36 TOTAL SENIOR PROGRAMS 1068 1041 17 80 69 Senior Services AARP Driver Training 18 0 18 1 0 CAP Warm Center 11 17 -6 4 8 FIND 189 104 85 8 3 HICAP 3 8 -5 1 2 HICAP/Notary/Financial/Le al/Alzheimer's 19 17 2 8 5 Volunteers 24 44 -20 n/a n/a TOTAL SENIOR SERVICES 264 190 62 17 10 SENIOR CENTER TOTAL 13221 12311 791 971 79 N 278 La Quinta Community Fitness Center Counts for December 2011 Memberships Sapphires Diamonds Walk-ins Daily Day Rubys Sold Daily Counts Sold Sold Sold Sold Totals 9, 8 ' 7 132 2 2 3 126 131 4 0 6 4 2 1 160 166 5 1, p. n'- , .2 151- .' 159 8 4 120 124 9 4' 1' .122 127 10 3 65 68 777-7777777 0 12 5 2 156 163 £:.' S - 4 :; • ' : :151., 158 14 4 1 1 1 139 145 16 3 1 125 129 18 0 9 i0::." 145 155 20 4 7 116 127 121 122 22 6 2 102 110 „ ,• '' 3 ., 122 127 24 0 25 : 26 0 5.133 28 7 2 152 161 77 J.., 1„.. 120 126 30 10 3 91 104 :. ::: .? AV43 4,909090909 1'w25 0 ::` 0 . ! Z 3333': 124.695052Z -117.8 1 #8,. 4 ,., 2E% :3023 The Gems symbolize the Wellness System Fees Ruby Level = $50.00 Self -Directed Program; One Year -Key Use Sapphire Level = $175.00 All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Designed Program by Personal Training Staff; Post -Fitness Assessment Test Diamond Level = $295.00 All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions • Members Sold is the # of memberships sold that day. • Walk-ins are people without membership cards that are paying a daily $5 fee. • Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. • The totals at the end of each row is the total of all of the above transactions for the day It., 279 Department Report: f4ti cF z= pw5 NOFT TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Direct o DATE: January 17, 2012 SUBJECT: Department Report for the Month of December 2011 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of December 2011. 280 1 s N a F-y PLANNING DEPARTMENT DEPARTMENT REPORT DECEMBER 2011 PROJECT TYPE DESCRIPTION Appeal 0 submitted Conditional Use Permits 4 submitted Development Agreements 0 submitted Environmental Assessments 3 submitted Final Landscaping Plans 0 submitted General Plan Amendment 0 submitted Minor Adjustments 0 submitted Minor Use Permits 1 submitted Modification By Applicant 0 submitted Preliminary Review 0 submitted Sign Permits 10 submitted Site Development Permits 0 submitted Specific Plans 0 submitted Street Name Change 0 submitted Tentative Parcel Maps 1 submitted Tentative Tract Maps 0 submitted Temporary Use Permits 7 submitted Village Use Permits 0 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted TOTAL 26 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Subdivision/SDP, etc. Plan checks 21 performed PLANNING COMMISSION ACTIVITY JULY 1, 2011 TO DECEMBER 31, 2011 PROJECT TYPE DESCRIPTION Architectural Design Review 0 submitted Conditional Use Permits 2 submitted Development Agreements 1 submitted Environmental Assessments 1 submitted Final Landscaping Plans 0 submitted General Plan Amendment 0 submitted Modification by Applicant 0 submitted Right -of -Way Vacation 1 submitted Sign Permits 2 submitted Site Development Permits 2 submitted Specific Plans 0 submitted Street Name Change 0 submitted Tentative Parcel Maps 0 submitted Tentative Tract Maps 1 submitted Village Use Permits 1 submitted Zone Change 0 submitted Zoning Code Amendments 1 submitted TOTAL NUMBER OF RESIDENTIAL UNITS APPROVED 187 TOTAL COMMERCIAL SQUARE FOOTAGE APPROVED 8,752 N' 00 N Department Report: I 1� � T v s $ OF TO: The Honorable Mayor and Members III he City Council FROM: Les Johnson- Planning Direct DATE: January 17, 2012 SUBJECT: Update on Green and Sustainable La Quinta Program This report provides a quarterly update to La Quinta's environmental initiatives and activities for the period from October 2011 through December 2011. City-wide Projects, Outreach, and Activities The City of La Quinta is once again serving as a citrus collection site for Hidden Harvest's expanded citrus recovery program. Hidden Harvest collects citrus fruits to donate to agencies that feed the hungry. For the second consecutive year, the City has set up a collection site for Hidden Harvest's citrus recovery program, and is located at the La Quinta Library parking area. The Hidden Harvest citrus recovery program has been a success and it is anticipated that the City will continue to be a citrus collections site in the future. The citrus recovery program will run from January 2 through April 30. Two City staff members provided information about the City's Community Services programs, General Plan update, and sustainability initiatives at a Rancho La Quinta homeowner's association meeting held on November 15th. Representatives from the Gas Company, IID, CVWD, and Burrtec also staffed booths during the event to inform residents of the community about the various sustainability initiatives, incentives, and rebate programs offered by each agency. On August 31, 2011, the Wal-Mart Supercenter had two BloomEnergy fuel cell "servers" installed at the rear of the store by Core States Construction Services. The pre -manufactured modular units convert natural gas into electricity through an 283 electro-chemical process. Each -server" consists of multiple stacked fuel cells that generate about 200KW of electricity, about the equivalent amount of power needed by an office building. Each unit emits about 155 pounds of carbon dioxide gas per 200KW of electricity. As installed, the two servers provide approximately 80% of Wal-Mart's electrical demand while generating one-third less carbon dioxide than a comparable fuel oil burning generator. Generating electricity at the source of a large user, such as Wal-Mart, also helps utility companies because it eliminates inefficiencies resulting from electricity transmission across long distances and reduces demand on the existing supply. Wal-Mart's fuel cells are partially funded through tax incentives offered by the State of California through the Self -Generation Incentive Program (SGIP), which has been in effect since 2001. The SGIP incentive program currently focuses on incentivizing energy generation methods which reduce greenhouse gas emissions, such as biogas systems, waste heat capture systems, stored energy systems, fuel cells, and wind turbines. The incentive program is offered statewide through local utility providers and was renewed in 2009 under Senate Bill 412 to continue through 2016. Updates of Utility Programs Coachella Valley Water District (CVWD) The City and CVWD continue to provide residents with the Water Waste Helpline (1-888-398-5008), to allow individuals to report, violations contributing to water waste. Calls are received at CVWD, who in turn dispatch City staff to the reported location for follow-up. For after-hours calls and on weekends, calls are responded to the following day or Monday. From October through the end of December 2011, there were a total of five calls related to broken spray heads, broken emitters, and one of unknown origin. Section 8.13.040 of the Municipal Code has a provision which prohibits irrigation water from flowing onto adjacent properties and the street. Funding for the Turf to Desert Landscape Rebate Program has been fully allocated and applications are no longer accepted. The program successfully concluded at the end of the fiscal year in June of 2011. Eighteen homes which registered before the June deadline completed the conversion during the past quarter and ten rebate checks were issued. Funding for the City/CVWD Weather Based Irrigation Clock Rebate Program ("Smart Controllers") continues to be available for Fiscal Year 2011/2012. From October through December 2011, 14 Weather Based Irrigation Controllers (WBIC) were installed in La Quinta homes. N 2B4 During the past quarter, CVWD reports that members of their staff participated in a display and explanation of conservation information at the La Quinta Home Depot on November 5-6, 2011. Staff members also attended the November 15, 2011 Rancho La Quinta Homeowners Association's meeting. Both presentations were well received. Imperial Irrigation District (IID) IID's home energy audits and rebates continue to be available to La Quinta residents, providing no -cost and low-cost energy efficiency recommendations to homeowners. From October through December 2011, there were a total of 67 audits conducted, fewer than the previous quarter. These audits resulted in potential annual energy savings of 26,666kWh. IID continues to offer rebates towards the purchase of select home appliances, pool and irrigation pumps, and air conditioning systems. Over the past quarter, 91 rebates totaling $34,480 were issued to La Quinta residents, resulting in potential annual energy savings of 79,173 kWh. Another successful energy conservation program which came to a close at the end of December was IID's Vending Machine Program. The program provided and installed EnergyMiser energy savings devices on refrigerated vending machines, snack machines and glass door coolers at no cost to participating customers. EnergyMiser uses a passive infrared sensor to turn off the machine when it doesn't need to be on (e.g. nights and weekends). If a person approaches the vending machine, the sensor will turn the machine back on, allowing for its use. The device maintains the product temperature by powering the machine back on every 2-3 hours. EnergyMiser saves about $200 to $250 in energy costs each year. IID is in the process of working with Courtesy Vending Services to adapt the technology to existing vending machines at City facilities. IID also participated in the City's tree lighting ceremony, making it a little greener this year. The City exchanged 500 C7 type incandescent light bulbs that adorned the tree with 500 C7 LED bulbs, saving an estimated 2,029 kWh. Southern California Gas Company (Gas Company) SoCalGas, in partnership with the City of La Quinta, participated in the Rancho La Quinta Homeowner Association's (HOA) annual meeting on November 15, 2011. SoCalGas also attended Laguna de la Paz's annual Homeowner Association (HOA) meeting. During both events, information was presented on the importance of natural gas safety, energy efficiency, and addressed questions from residents on the installation of Advanced Meters. Both events were well received. « 285 SoCalGas also partnered with the City of La Quinta's Emergency Preparedness staff, as well as Police and Fire, in the first annual CERT (Certified Emergency Response Team) Training Fair. The attendees were instructed on when and how to turn off natural gas, the signs of a natural gas leak, and the properties of natural gas. The event was open to the public. SoCalGas continues to market and promote rebate programs, financial incentives, energy audits, and needs -based financial assistance programs for La Quinta businesses and residents. A complete and up-to-date list of all available programs is posted on their website, as well as a brief summary of available programs on the City's website. SoCalGas provided a total of 281 rebates in the amount of $9,700 paid through their Home Energy Efficiency Rebate Program for the installation of High Efficiency natural gas storage water heaters, ENERGY STAR dishwashers, and ENERGY STAR clothes washers, throughout the City of La Quinta, during the fourth quarter of 2011. SoCal Gas reports these installations saved La Quinta residents approximately 4,100 therms annually. The reduction of greenhouse gas emissions saved 22.67 metric tons of CO2, the equivalent of removing 4.5 cars from the road or the savings equivalent of using natural gas for eight homes. Updates on Waste and Recycling Services Staff continues to meet and work with Burrtec Waste and Recycling (Burrtec) and Hilton, Farnkopf & Hobson (HF&H) Consulting with regard to waste and recycling management services. Staff met with representatives from both entities on November 14, 2011, and discussed various programs and legislation, including food waste diversion and collection, and mandatory commercial recycling requirements now in effect under AB 341. According to HF&H, the City's official 2010 diversion rate was 77%. Under current mandates of AB 939, jurisdictions are required to divert at least 50% of their waste stream. The Sharp's Program allows La Quinta residents to properly dispose of used needles and syringes thereby protecting themselves, their families and the community. The program is completely confidential and is FREE to La Quinta residents. From September 2011 through December 2011, 48 "sharps" containers were received from La Quinta residents for proper disposal. Approximately 12 businesses were visited by Burrtec during the fourth quarter, for the purpose of discussing recycling. There were no school presentations due to the summer break. Inclusive of the aforementioned Rancho La Quinta HOA meeting of November 15, three homeowner's associations were contacted where recycling items were discussed, along with other items. Burrtec worked with 15 construction sites on construction -&-demolition (C&D) plans and assisted the 286 builders in coordinating their on -site recycling efforts. Burrtec also coordinated recycling efforts with the organizers of the Blues & Brews festival in November. Two special collection events were conducted during the fourth quarter of 2011. Both events were promoted on the City's website and calendar, and in the La Quinta Gem. The first was a Document Shred Day which was held in the north City Hall parking area on October 15, 2011. This event was busier than in prior years, with 143 participants. The event was scheduled from 7:00 a.m. to 11:00 a.m. but closed at 10:00 a.m. when the shredding truck reached capacity. This was the first of two scheduled Shred Day Events for Fiscal Year 2011 /2012; the next Shred Day is tentatively scheduled for May 5, 2012. The second collection event was the Household Hazardous Waste (HHW) Collection Day held on December 17, 2011, from 9:00 a.m. to 2:00 p.m. in the south City Hall parking area. The event generated significant interest and appears to have been very successful. Total figures on attendance, waste collected, etc., will be reported as soon as they are made available by Riverside County. This was the first of two scheduled HHW Events for Fiscal Year 2011/2012. The next event is scheduled for March 10, 2012. City residents may also dispose of household hazardous wastes year-round at Riverside County's Regional Household Hazardous Waste Collection Facility at 1100 Vella Road, Palm Springs (Non -Holiday Saturdays only; from 9:00 a.m. to 2:00 p.m. October -May, and 7:00 a.m. to noon June - September). The Coachella Valley Transfer Station located at 87011 Landfill Road (near Coachella) accepts Anti -freeze, Batteries, Oil (and filters), and latex Paint (ABOP) Monday through Friday from 8:00 a.m. to 5:00 p.m. and Saturdays from 8:00 a.m. to noon. The Burrtec Waste and Recycling facility, at 41800 Corporate Way in Palm Desert, is open to La Quinta residents for free disposal of batteries, fluorescent bulbs and tubes, all electronics, oil and oil filters, Monday through Friday from 9:00 a.m. to 4:00 p.m. and Saturdays from 8:00 a.m. to noon. La Quinta residents may also dispose of green waste (up to 500 pounds per trip) on Monday through Friday from 9:00 a.m. to 3:00 p.m. (Saturdays 8:00 a.m. to noon). The City is also currently working with CVAG on other future events. A Used Oil and Filter Recycling Event will be held on June 2, 2012 at the AutoZone in the 111 La Quinta Center. In addition, staff is working with CVAG on locating a used tire collection event at the Home Depot, with a tentatively scheduled date of May 12, 2012. Conclusion The City continues its efforts in providing information and assistance to City residents and businesses in order to help them save money and to encourage them M 281 to reduce water and energy consumption. City staff continually maintains the City's "green" programs information webpage, including Waste and Recycling information, found at http://www.la-guinta.org/Index.aspx?pa.qe=574, so that residents and businesses may continue to obtain the most up-to-date information on rebate programs, recycling and waste disposal services, and utility programs. Staff will continue their efforts to meet the City Council's expectations of exceptional customer service, environmental protection and stewardship, and to work for a sustainable La Quinta. DEPARTMENT REPORT c&t!t 4 4 Oubtro MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: January 17, 2012 SUBJECT: Public Works Department Report for December 2011 Attached please find the following: 1. Citizen Service Request Summary; 2. Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; imothy ona s n Public W r s Dir ctor/City Engineer 289 CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT CITIZEN SERVICE REQUEST MONTHLY SUMMARY (DECEMBER 2011) -` SERVICE _. ;NUMBER ' NUMBER SAME DAY ` .. ".: .= ' -NUMBED OF OAY6 TO COMPLETE "TOTAL CATEGORY . #1ECEIVED'..COMPLETED COMPLIANCE-::BERVICERE11IEST. °:... "` .- •:' ''- :' 2> '.' 2 "; '=;4 Construction 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ... 0 0 Issues Debris Removal 2 2 2 0 0 0 0 0 0 0 0 0 0- 0 0 2 Development 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Issues Drainage 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 Greffiti Removal 17 17 9 -B 0 0 a 0 0 0 0 0 0 0 0 17 Irrigation 2 2 1 0 1 0 0 0 0 0 0 0 1 0 0 0 2 Landscaping/ 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 Tree Maintenance Lighting/ 2 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 Electrical PM-10 (Dust) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Complaint Sidewalk Repair 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sign 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Maintenance/ Replacement SllverRock 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Resort Street 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Maintenance Street Sweeping 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 1 Traffic Signals/ 5 1 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Traffic Control Trash Removal/ 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Waste Management Other 1 1 0 0 0 1 0 0 0 0 0 0 0 0 0 1 '07':� 0 0 a 125 NOVEMBER AND DECEMBER 2011 MONTHLY SUMMARY PLAN CHECK SERVICES JEFFERSON SQUARE ROUGH GRADING PLAN 11112 11/7/2011 100.00 (REVISION) TRADITION FITNESS CENTER PRECISE GRADING 11113 11/7/2011 400.00 TORRE NISSAN WQMP 11115 11/10/2011 100.00 TRILOGY SHEA HOMES CERTIFICATE OF CORRECTION (ADDITIONAL 9 ACRES) CENTERLINE MONUMENTS 11053 FEES PAID 11/15/2011 100.00 EDEN ROCK MASS GRADING PLANS 11135 12/15/2011 400.00 54-855 AVENIDA MADERO LOT LINE ADJUSTMENT 11132 12/2/2011 400.00 TOTAL FEES PAID 1,600.00 THE CURRENT AVERAGE NUMBER OF PLAN CHECK ROUNDS FROM SUBMITTAL TO APPROVAL IS 2.05. s N I—� 1/4/2012 Page 1 of 1 City of La Quinta CAPITAL IMPROVEMENT PLAN - PROJECT STATUS UPDATE FISCAL YEAR 2011/2012 PROJECT BUDGET I DESIGN I CONSTRUCTION REMARKS i start - end start - end IDesign Consultant/Contractor )6 Adams Street $1,526,000 03/08 - 07/10 6/11 - 1/13 Design: RBF Consulting. Contractor: FTR Internatior Improvements The project was awarded to FTR International, Inc. on N 3, 2011. The contractor has constructed embankments for the stage 1 bridge abutments and installing storm drain pipe. D7-07 Dune Palms at $430,000 07/09 - 06/11 7/11 - 2/12 City Council awarded a construction contract to Hazard :ail Center Traffic Construction in the amount of $1,155,686 on June 14" nal 2011. The contractor has substantially completed the project with the exception of an IID vault in the exit from D9-10 A -Street I I I ISam's Club. IID has supplied a plan and specifications and he contractor is working on a price to perform the tension (Dune Palms relocation of the vault. Komar Center) 2009-02 Madison Street $575,000 1/12 - ? TBD The City of Indio is serving as lead agency for this regional (Avenue 50 to Avenue project. This project will be initiated in the near future. 52) The City signed a joint use agreement with CVWD for two relocated irrigation laterals. Proposals were ranked and interviews held for the design of the project. Negotiations are currently taking place with the selected consultant. )09-04 Dune Palms $1,812,199 09/09 - 03/11 TBD Design - RBF Consulting, Inc. - $110,294. Construction )ad Widening TBD. The City Council awarded a Professional Servic Vhitewater River to Agreement (PSA) to RBF Consulting, Inc. on April 2 !estward Ho Dr.) 2010. The design phase is approximately 95% comple and has been placed on hold pending resolution of RC N co N PROJECT. BUDGET DESIGN CONSTRUCTION IREMARKS start - end start - end IDesign Consultant/Contractor FISCAL YEAR 2609/2010 CO PROJECTS 2010-03 Avenue 50 $171,079 09/10 - 04/11 6/11 -12/11 Design: Dudek - $61,380. Contractor: 4-CON Engineering. Park Avenue Drainage The City Manager awarded a construction contract to 4- Improvements Con Engineering in the amount of $264,170 on July 51" 2011. A preconstruction meeting was held on August 15" and a notice to proceed was issued with the first day of work being August 161". The contractor has completed construction and the project was accepted by City Council on January 3' 2010-04 Avenue 48 @ $212,325 09/10 - 04/11 6/11 - 12/11 This project has been combined with 2010-03. Jefferson St. Drainage and Landscape Improvements 2010-06 Washington St. $445,018 09/10 - 12/11 TBD Design: Webb Engineering - $70,696. A RFP to obtain Dual Left Turn Lane at professional engineering services was approved by the City Ave 48 Council on August 3, 2010. Proposals have been received. The City Council awarded a PSA for the engineering phase of this project to Webb Engineering on November 16, 2010. Final review comments are being addressed and the project is scheduled to go to City Council for approval of PS&E in January. 2010-07 Highway 111 $264,277 03/11 - TBD TBD City Council authorized moving into the design phase for Dedicated Right Turn the Washington Street and Highway 111 Intersection Lane improvements which include this lane. Staff is awaiting status on funding request to CVAG. 2010-09 Washington $130,414 09/10 - 04/11 8/11 - 1/12 Design: Webb Engineering (combined with 2010-06). Street Dedicated Right The City Council approved the PS&E and authorized staff Turn Lane at Eisenhower to advertise this project for bid on June 21, 2011. The Drive Public Works Director was authorized to award the project up to the amount of $339,670. Bids were opened on _ September 7, 2011 and Lee & Stires was the low bidder. Contractor has completed construction and the project is scheduled to go to City Council for acceptance on January N 17t". CD PROJECT BUDGET DESIGN CONSTRUCTION REMARKS start - end start - end Design Consultant/Contractor 2010-11 Modern $430,414 03/11 - TBD TBD The City Council approved an RFP to obtain professional Roundabout (Eisenhower engineering services on November 16, 2010. On October Dr. at Sinaloa 4, 2011, the City Council directed staff to negotiate, and authorized the City Manager to execute a PSA, not to exceed $100K, for the design of a modern roundabout at he intersection of Eisenhower Drive and Calle Sinaloa with the understanding that an additional funding appropriation may be required for the construction phase. The project is now under design. 2011-03 Highway 111 $112,000 TBD TBD Project on -hold pending resolution of RDA funding. Sidewalk Improvements 2011-04 Fred Waring $1,115240 12/11 - 4/12 TBD The City Council approved an RFP to obtain professional Drive/Palm Royale landscape architectural services on September 20, 2011 Median Island Landscape to initiate the Fred Waring component of the project. The Improvements Palm Royale component is on hold pending resolution of RDA funding. David Evans & Associates was awarded the design contract on December 6, 2011. Design is now underway. 2011-05 Dune Palms $12,408,000 TBD TBD The Highway Bridge Program (HBP) Funding Application is Road Bridge complete and ready to submit to Caltrans. The project has Improvements (Spanning been placed on a slow schedule pending acquisition of the Whitewater River right of way and construction of the street improvements north of the bridge crossing. The street improvements have been placed on hold pending resolution of RDA funding. 2011-06 Fred Waring $2,012,779 TBD TBD Project on -hold pending resolution of RDA funding. Drive Reconstruction (Washington to Adams) 2011-07 Miles Avenue $$573,221 TBD TBD Project on -hold pending resolution of RDA funding. Reconstruction (Adams to.pune Palms) N CO PROJECT BUDGET DESIGN CONSTRUCTION REMARKS start - end start - end Design Consultant/Contractor 2011-08 Highway 111 Landscape $1,689,000 TBD TBD Project on -hold pending resolution of RDA funding. Enhancements (City Entrance Monuments and Landscape) 2011-11 Avenue 50 TBD 09/11 - 10/11 11/11 - 1/12 The proposed improvements will correct subsidence issues Street Improvements on Avenue 50 just east of Eisenhower Drive and the restriping to eliminate pedestrian crossings at the intersection of Avenue 50 and Washington Street. Bids were opened December 1, 2011. The project was awarded to Lee & Stires on December 6, 2011. The contractor has excavated the westbound lanes of Avenue 50 and has backfilled and completed paving the lanes on January 4`n. Traffic will be moved to the newly constructed lanes on the afternoon of the January 41n and he contractor will start work excavating the eastbound lanes on January 5`n N CO U1 4 of MONTHLY SUMMARY OF PUBLIC WORKS TASKS MONTH OF: December 2011 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 4 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 40 76 17 11 144 1001 Pot Hole -Repair/Patching 13 5 0 0 18 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 11 28 0 0 39 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 8 0 4 0 12 1010 Street Sign Repair/Maint 37 19 0 2 58 1011 Debris Removal 26 29 5 0 60 1012 Right of Way Maint. 0 22 39 0 61 1021 CLEAN Catch Basin Inlet/Outlet 20 12 0 0 32 1022 Rondo Channel Outlet/Vault 5 0 0 0 5 1022A Desert Club OutletlVault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 3 0 0 3 1024 Gutter/Median Sand Removal 3 0 0 0 3 1025 Street Sweeping (Machine) 0 151 0 0 151 1026 Street Sweeping (Hand) 5 3 0 1 9 1027 Sidewalk/Bike Path Cleaning 4 3 2 0 9 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 3 17 136 0 156 1041 Irrig/ Weeding, Shrubs & Tree Trimming 23 16 94 4 137 1051 Landscape/Irrigation Contract Managemen 0 0 10 7 17 1052 Lighting/Electrical Contract Management 0 0 4 7 11 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 0 0 0 0 1063 Vehicle Repair Maint. 8 10 0 0 18 1081 Trash/Litter/Recycable Removal 0 0 61 0 61 1082 Vandalism Repairs 0 0 14 0 14 1083 Graffiti Removal 152 67 20 7 246 1084 Maint. Yard Building Maint. 47 15 01 2 64 1085 Seminars/Training 0 1 0 5 6 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 95 35 0 0 130 1088 Meeting 10 26 14 27 77 1089 Office (Phone, paper work, reports, Misc.) 34 33 16 43 126 SUBTOTAL 544 571 436 1161 1667 1091 Over Time 6 9 18 0 33 1094 Jury Duty( 24 0 0 0 24 1095 Sick Leave 18 0 18 0 36 1096 Vacation 18 69 0 36 123 1097 Holiday 36 0 26 8 70 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement/ STD 0 0 0 0 0 SUBTOTAL 102 78 62 44 286 TOTAL HOURS 646 649 498 160 1953 TOTAL MILES 34171 3065 2414 260 9156 "" 296 Department Report: E LA UI TA P@LICE Served by the PJverside County Sheriffs Deparhnent Police Department Monthly Report December 2011 U Prepared for 0 291 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Raymond Gregory Chief of Police Thursday, December 1, 2011 5:55 PM — Special Enforcement Team Officers arrested Salvador Moreno, 19, of La Quinta for a felony vehicle theft warrant in the 51700 block of Avenida Navarro. Friday, December 2, 2011 8:30 AM — Officers were dispatched to the 45300 block of Deerbrook Circle regarding a parolee, Taylor Pearce, 23, of La Quinta who was known to have an active felony warrant. During the investigation officers found vehicle keys which were linked to a stolen vehicle that was parked on Coldbrook and Bayberry. Pearce admitted to stealing the vehicle and was booked into the Indio Jail for vehicle theft and the felony warrant. Saturday, December 3.2011 12:16 AM — Officers arrested Karen Schaub, 61, of Culver City for driving under the influence at Washington Street and Palm Royale Drive. Schaub was booked into the Indio Jail. 3:52 AM — Officers arrested Hector Corral, 20, of Palm Desert for driving under the influence at Amk Washington Street and Eisenhower Drive. Corral was booked into the Indio Jail. 1p Sunday, December 4, 2011 4:20 AM — Officers responded to a disturbing the peace call in the 52500 block of Avenida Diaz regarding loud music. After responding two more times, officers cited the homeowner for the violation. 5:24 PM -- Officers responded to the 78800 block of Hwy. I I I regarding a report of a hit and run involving a fire hydrant. The Coachella Valley Water District was notified and responded to the location. 8:23 PM — Officers responded to a report of an armed robbery in the 79300 block of Calle Vista Verde. An unknown suspect brandished a weapon and stole the victim's purse and phone. Monday, December 5, 2011 12:40 PM — Special Enforcement Team officers conducted a traffic stop at Corporate Center Dr. and Adams St. Joshua Tuero, 27, of Cathedral City was arrested for possession of drug paraphernalia. Tuero was booked into the Indio Jail for possession of paraphernalia and for resisting arrest. 1:40 PM — Special Enforcement Team officers responded to a report of a theft in the 79200 block of Highway 111. Bernice Valenzuela, 19, of La Quinta was arrested for shoplifting. She was booked into the Indio Jail. 4:17 PM — Special Enforcement Team officers conducted a traffic enforcement stop at Highway I I I and Dune Palms Rd. Marcos Padilla, 23, of Indio was arrested for possession of marijuana for sales. He was booked into the Indio Jail. 298 4:30 PM — Special Enforcement Team officers conducted a pedestrian check at Highway I I I and Dune Palms Rd. A male juvenile, 16, of La Quinta was arrested for possession of medications without a prescription and violation of probation. He was booked into Indio Juvenile Hall. 5:06 PM — Officers responded to a report of vandalism in progress with juveniles tagging street signs on Washington St. south of Sagebrush Ave. Officers detained two juveniles for tagging. A male juvenile, 17, of Palm Desert was arrested for conspiracy, vandalism and being a minor in possession of spray paint. A second male juvenile, 16, of Palm Desert was released to his mother with a charge of conspiracy to be filed out of custody. 7:04 PM —Special Enforcement Team officers conducted a traffic stop at Highway I I I and Jefferson St. Ralph Corral, 34, of Coachella was arrested for a misdemeanor domestic violence warrant and possession of drug paraphernalia. He was booked into the Indio Jail. Tuesday, December 6, 2011 2:00 PM — School Resource Officers arrested a male juvenile, 16, of La Quinta at Palm Desert High School for threatening a school administrator. He was booked at Indio Juvenile Hall. 3:46 PM — Officers responded to the area of Monroe St and Airport Blvd. regarding a suicidal subject. An adult female, 54, of San Diego had told her husband that she wanted to harm herself. The female was located and transported to Eisenhower Medical Center prior to being transported to Oasis Mental Health. Wednesday, December 7,201 11:01 AM —Officers responded to the 78300 block of Deacon Dr, regarding an erratic driver. An adult male, 70, of La Quinta was determined to be a danger to himself and others. Officers transported the male Aft to Oasis Mental Health for his well being. IV 6:00 PM — Special Enforcement Team officers conducted a probation compliance check in the 52000 block of Avenida Carranza. Luis Perez Jr., 41, of La Quinta was arrested for possession of drug paraphernalia and violation of probation. He was booked into the Indio Jail. 7:00 PM — Officers were dispatched to a report of a commercial burglary in the 78200 block of Hwy 111. Ricardo Jimenez, 39, of Indio was arrested for commercial burglary, possession of methamphetamines, committing a felony while out on bail and possession of burglary tools. 7:40 PM — Special Enforcement Team officers conducted a warrant service in the 43600 block of Pisces Ct. Charles Waxlax, 26, of La Quinta was arrested for a felony drug warrant. He was booked into the Indio Jail. Thursday, December 8, 2011 No Significant Activity Friday, December 9, 2011 2:34 PM — Special Enforcement Team officers conducted a pedestrian check at Washington St. and Simon Drive. John Westcott, 41, of Palm Springs was arrested for possession of methamphetamine. He was booked into the Indio Jail. 5:15 PM — Special Enforcement Team officers responded to a theft in the 79200 block of Hwy 111. Melody Ward, 23, of Thermal was arrested for burglary, possession of methamphetamine and violation of probation. She was booked into the Indio Jail. 19 299 ANNk 10:53 PM — Officers responded to the 46300 block of Seeley Drive in reference to a report of a disturbance at a restaurant. Investigation revealed two groups of patrons were involved in a physical altercation inside the restaurant. Scott Lynn Lawson, 51, Jerry Teodulo Lawson, 22, Edward Kevin Padilla, 21, and a male juvenile, 15, all of Thermal were ejected from the location. Scott Lawson and Edward Padilla were arrested for battery and booked into the Indio Jail. Jerry Lawson was arrested for battery, felony vandalism, driving under the influence and brandishing a weapon and was booked into the Indio Jail. The male juvenile was released to his parent and battery charges will be filed out of custody. Saturday, December 10, 2011 11:17 AM -- Officers investigated a vehicle burglary in the 43600 block of Parkway Esplanade West. A vehicle parked in the driveway of the residence had a window smashed and a purse was stolen from the vehicle. Sunday, December 11, 2011 6:00 AM — Officers conducted a pedestrian check at Fred Waring Dr. and Jefferson St. Antonio Rodriguez, 40, of La Quinta was arrested for being in possession of methamphetamine and burglary tools. 1:49 PM — Officers responded to the 79200 block of Hwy I I I regarding a report of an act of vandalism at the location. Jose Guerrero, 20, of Coachella was tagging in the restroom and was arrested for vandalism. Monday, December 12, 2011 No Significant Activity Tuesday, December 13, 2011 Aft IV 10:51 AM — Special Enforcement Team officers arrested two male juveniles for theft in the 79200 block of Hwy 111. Both juvenile were booked into Juvenile Hall for burglary. 12:30 PM — Officers responded to Washington St. and Hwy 11 I regarding a panhandler and arrested Leeanna Holleman, 19, of La Quinta for being under the influence of heroin. 8:15 PM — Special Enforcement Team officers conducted a traffic stop at Hwy I I I and Clinton Ave, Indio Anthony Cano, 21, of Palm Desert was arrested for a domestic violence warrant. He was booked into the Indio Jail. Wednesday. December 14.2011 7:46 AM — Officers were dispatched to the 52400 block of Shining Star Lane to investigate a report of a stolen vehicle. The vehicle was stolen from the driveway of the residence. There was no sign of forced entry and all vehicle keys are accounted for. 4:13 PM — Officers responded to the 79200 block of Hwy I I I regarding a shoplifting incident. Maria Santos Cane, 48, of La Quinta and a female juvenile were arrested for shoplifting. Cano was also charged with child endangerment. Cann was booked at the Indio Jail and charges will be filed against the juvenile. Thursday, December 15, 2011 10:01 AM — Officers were dispatched to the 46400 block of Dune Palms Rd. reference a past sexual abuse. The female victim, 11, stated that her father had sexually abused her for the past three years. Most of the incidents occurred in Mexicali when she visited him but some incidents also occurred at the La Quinta Ask address. Indio Investigations and Child Protective Services were notified and the investigation is ongoing. up 300 1:38 PM — Special Enforcement Team officers conducted a vehicle check at Hwy 11 and Washington St. Jose Lopez, 21, of Mecca and Miguel Becerra, 30, of Thermal were arrested for possession of a concealed handgun with removed serial numbers. Both suspects were booked into the Indio Jail. 5:47 PM — Special Enforcement Team officers responded to a theft in the 78900 block of Hwy 111. Sandra Chavarria, 37, was arrested for shoplifting. She was booked into the Indio Jail. 6:56 PM — Traffic Services Team officers arrested Angel Curiel, 40, of Indio at Hwy I I I and Jefferson Street for three narcotics warrants. Curiel was booked into the Indio Jail. 7:03 PM —Special Enforcement Team officers conducted a traffic stop at Washington St. and Ave. 48. Samantha Johnson, 24, of Palm Springs and Celso Garcia, 20, of Palm Desert were found to be in possession of heroin and were both arrested for possession of heroin for sales. Friday, December 16, 2011 12:45 PM — Officers responded to a report of a vehicle burglary in the 44900 block of Tortola Circle. Two suspects were seen fleeing the location in a white vehicle. 2:40 PM — Special Enforcement Team officers responded to a report of a theft in the 79200 block of Hwy 111. A female juvenile, 17, was arrested for burglary and was booked into Juvenile Hall. 7:50 PM — Special Enforcement Team officers responded to a shoplifter in the 78900 block of Hwy 111. Amanda Watson, 18, of Indio was arrested for shoplifting. She was booked into the Indio Jail. 8:03 PM — Special Enforcement Team officers conducted a pedestrian check at Adams St. and Dune Palms Rd. Vincent Charron, 22, of Indio was arrested for a felony drug warrant. He was booked into the Indio Jail. Saturday, December 17, 2011 1:03 AM — Traffic Services Team officers arrested Noe Vega Hernandez, 22, of Palm Desert at Fred Waring Drive and Dune Palms Road for driving under the influence. Hernandez was booked into the Indio Jail. 7:00 PM — Officers conducted a vehicle check in the 78900 block of Hwy I I I and arrested Adolfo Hernandez, 40, of La Quinta for a misdemeanor warrant. Hernandez was booked at the Indio Jail. Sunday. December 18.2011 8:24 AM — Officers responded to a report of an attempted theft of gasoline from a car parked in the 47100 block of Washington St. The suspect left the gas can and siphon hose attached to the vehicle. 12:37 PM -- Officers were dispatched to the 50700 block of Calle Tampico regarding a vandalized vehicle The victim found a window shattered on his vehicle. 1:43 PM — Officers investigated a minor injury traffic collision at Ave. Mendoza and Calle Colima. A bicyclist failed to stop at a stop sign and collided with a vehicle. Drug use and alcohol was not a factor in the collision. 5:17 PM -- Officers responded to the 49400 block of Eisenhower Dr. regarding a report of trespassers at the location. Jason Heyman, 27, of La Quinta and Morgan Sander, 21, of Palm Desert were arrested after a physical altercation with private security personnel. Heyman was booked at the Indio Jail for battery and 19 trespassing. Sanders was booked for trespassing. ..0 301 Monday, December 19, 2011 8:29 AM — Officers were dispatched to the 52800 block of Avenida Martinez reference a battery. An adult male, 39, of La Quinta threatened to harm a family member and stated that he no longer wanted to live. He was transported to the hospital for his safety and well-being. 1:55 PM — Special Enforcement Team officers conducted a probation compliance check in the 53300 block of Eisenhower Drive. During the search officers located stolen property from a vehicle burglary. Raquel Clavijo, 29, of La Quinta was booked at the Indio jail for possession of stolen property, committing a felony while out on bail and violation of probation. 8:00 PM — Officers responded to the 53700 block of Avenida Rubio regarding a domestic battery. Joy Delavera, 41, of La Quinta was arrested for domestic battery and booked at the Indio jail. Tuesday, December 20, 2011 12:01 AM — Officers responded to the 79300 block of Camino Del Oro regarding an attempted burglary. When the unknown suspect attempted to kick in the victim's front door the resident yelled at the suspect stating she is calling law enforcement. The suspect fled from the location. 2:26 AM — Officers responded to the 77300 block of Calle Chillon regarding a domestic dispute. Melissa Zielinski, 36, of La Quinta was arrested for spousal abuse, possession of methamphetamine and cocaine. 3:54 PM — Special Enforcement Team officers conducted a traffic enforcement stop at Jefferson Street and Avenue 50. Edgar Avalos Avila, 20, of Indio was arrested for possession of cocaine. He was booked into the Indio jail. ® 4:30 PM — Special Enforcement Team officers responded to a report of shoplifting in the 78700 block of Highway 111. Lorena Martinez, 20, of La Quinta was arrested for shoplifting. She was booked into the Indio jail. 4:30 PM — Special Enforcement Team officers were flagged down at Highway 111 and Dune Palms Rd. reference a theft. Herman Chavez, 41, of Palm Springs was arrested for burglary after being found in possession of stolen merchandise from a local business Wednesday, December 21, 2011 6:54 AM — Officers investigated a report of a vehicle burglary in the 78500 block of Naples Drive. The vehicle was parked and locked in front of the residence when a window was broken and items were removed from the vehicle. 10:19 AM — Officers responded to a report of a vehicle burglary in the 43700 block of Milan Court. Items were removed from a vehicle parked in front of the residence. There was no sign of forced entry to the vehicle. 12:18 PM — Officers were dispatched to the 43800 block of Milan Court regarding a vehicle burglary. The victim's vehicle was parked and locked on the street in front of the residence. There was no indication of forced entry. 7:44 PM — The Business District Officer responded to the 79200 block of Hwy 111 regarding a petty theft. Jeannine Landreneaux, 34, of Indio was arrested for resisting arrest after being contacted for attempting to steal merchandise and booked into Indio Jail. Thursday, December 22, 2011 go1:14 PM -- Officers conducted a traffic stop at Eisenhower Drive and Calle Sinaloa. Jason Heyman, 27, of 3J2 La Quinta was arrested for possession of two stolen handguns and being a felon in possession of a firearm. Heyman was booked into the Indio jail. 7:39 PM — Officers responded to a non -injury traffic collision at Eisenhower Drive and Calle Sinaloa. Investigation revealed that Cheri Lynn Scicca, 42, of La Quinta was intoxicated and crashed her vehicle into a parked car. Scicca was booked at the jail for driving under the influence. 8:25 PM — Special Enforcement Team officers conducted a property related search warrant in the 53900 block of Avenida Alvarado. During a search of the residence, property stolen from a La Quinta burglary was recovered. Friday. December 23.2011 2:16 AM — Officers arrested Maher Mustafa Qaqi, 30, of Palm Desert for driving under the influence at Washington Street and Palm Royale Drive. Qaqi was booked into the Indio jail. 2:26 AM -- Officers responded to a report of a theft from an unlocked vehicle parked in the 45100 block of Sunbrook Ln. 4:16 PM — Officers were dispatched to the 46400 block of Roudel Lane reference a domestic disturbance. Sandra Chavarria, 44, of Cathedral City was placed under Private Persons Arrest by the victim and was booked into Indio jail for battery. 6:55 PM — Officers responded to the 51700 block of Via Bendita regarding vandalism to a vehicle. The vehicle's front and rear left windows were broken. Saturday. December 24, 2011 2:13 AM — Officers conducted a vehicle check at Washington Street and Channel Drive. Daniel Andrew Garcia, 22, of Desert Hot Springs was arrested for driving under the influence. The passenger, Matthew Fabian Ramos, 18, of Desert Hot Springs was arrested for public intoxication. Both subjects were booked into the Indio jail. Sunday. December 25.2011 10:10 AM — Officers responded to a report of a stolen vehicle in the 47750 block of Adams Street. An adult male, 28, of Bermuda Dunes took the victim's vehicle without permission. Charges were filed out of custody for the suspect. Monday, December 26, 2011 9:25 AM -- Officers responded to the 53100 block of Avenida Navarro regarding a domestic dispute. Cutberto Ponce, 60, of Cathedral City was arrested for domestic battery. No injuries were sustained. Tuesday, December 27, 2011 1:25 AM — Officers were dispatched to investigate a report of a vehicle burglary in the 52100 block of Rosewood Lane. The victim found the driver's side window of his truck shattered. The victim had left numerous items in the vehicle which were stolen. 11:48 PM — Officers responded to the 78700 block of La Palma reference an act of vandalism. A rock was thrown through a bedroom window. The victim believes his girlfriend's ex-husband is responsible. Wednesday. December 28, 2011 ® No Significant Activity 303 C Thursday. December 29, 2011 8:00 AM -- Officers investigated a window smash vehicle burglary in the 44000 block of Villeta Drive 8:15 AM -- Officers were dispatched to investigate a vehicle burglary in the 45000 block of Desert Hills Court. The vehicle window had been smashed to gain entry. 8:30 AM — Officers responded to a report of a vehicle burglary in the 79100 block of Kaye Court. Officers found the window of the vehicle had been broken. I1:00 PM — Officers responded to 51900 Eisenhower Drive in response to a report of a burglary at the residence. The residence has been unoccupied for two years. Friday. December 30, 2011 1:15 AM — Special Enforcement Team officers arrested Fernando Carrillo, 37, of Indio for a felony embezzlement warrant in the 81100 block of Fred Warring Drive, Indio. 8:14 PM — Officers responded to the 78900 block of Hwy 111 regarding a shoplifter in custody. Cesar Andres, 18, of Coachella was arrested, issued a citation and released at the scene. 11:03 PM — Officers arrested Jesus Ramon Escamilla, 32, of La Quinta for a domestic violence restraining warrant during a traffic stop on Washington Street and Via Sevilla. Escamilla was booked into the Indio Jail. 11:57 PM -- Traffic Services Team officers arrested Francisco Javier Velasquez, 22, of Indio for driving under the influence at Miles Avenue and Seeley Drive. Velasquez was booked into the Indio Jail. Saturday, December 31, 2011 8:00 AM — Officers investigated a vehicle burglary in the 78800 block of Irwin Circle. The victim placed her purse on the front passenger seat, locked the vehicle and briefly returned to her residence. About 5 minutes later the victim returned and discovered the front passenger window shattered and the purse was missing. 4:23 PM — Special Enforcement Team officers conducted a traffic stop at Corporate Center Drive and Dune Palms. Stacy Sullivan, 48, of Palm Springs was arrested for possession of methamphetamine, possession of a hypodermic needle and violation of parole. She was booked into the Indio Jail. 10:30 PM — Special Enforcement Team officers conducted a vehicle check at Avenida Madero and Calle Durango. Jordan Sanez, 20, of La Quinta was arrested for a felony warrant for assault with a deadly weapon and possession of a dangerous weapon. He was booked into the Indio Jail. 304 0 11 Officer D. Koedyker Officer C. Bloomquist Officer S. Da, CITY OF LA QUINTA Special Enforcement Team December 2011 Sgt. A. Northrup S.E.T. TEAM Officer J. Pittenger SUMMARY FOR THE MONTH OF JULY 2011 Officer J. Reinbolz Officer J. Pittenger M. Ramos Type of Activity # of Incidents Type of Activity # of Incidents Programs 3 Search Warrant 7 Vehicle Checks/Stops 58 Probation/ Parole Search 21 Pedestrian Checks 73 Arrest Warrants Served 21 Follow-ups 29 Arrest/Filing-Felony 27 Property Value Recovered $39,405.00 Arrests/Filing- Misdemeanor 14 4 305 SIGNIFICANT ACTIVITY La Quinta SET officers assisted patrol officers with a parole search in the 45-300 block of Deerbrook Circle. A La Quints resident was arrested for a felony warrant. During the search officers located stolen property and vehicle keys belonging to a stolen vehicle that was located near the suspect's residence. The suspect admitted to the theft of the vehicle and to stealing from unlocked vehicles in the neighborhood. He was booked into the jail for the warrant, vehicle theft and possession of stolen property. La Quinta SET officers conducted a pedestrian check at Washington Street and Simon Drive. A Palm Springs man was arrested for possession of methamphetamine and was booked into the Indio Jail. La Quinta SET officers responded to a theft at a retail store in the 79-900 block of Highway 111. Officers located the suspect as she was driving away from the store. A female adult from Thermal was arrested for commercial burglary, possession of methamphetamine and violation of probation. She was booked into the Indio Jail. La Quinta SET officers conducted a vehicle check at the Point Happy Shopping Center, Highway I I I and Washington St. Two male adults from Thermal and Mecca were arrested and booked into the Indio Jail for possession of a concealed handgun and possession of a handgun with altered serial numbers. La Quinta SET officers conducted a traffic stop at Washington Street and Avenue. A Palm Springs woman was arrested for being under the influence of a controlled substance and a man from Palm Desert was arrested for possession of heroin for sales. They were both booked into the Indio Jail. La Quinta SET served a property related search warrant in the 53-900 block of Avenida Alvarado. During a search of the residence, stolen property from a residential burglary was recovered. The male suspect was booked into the Indio Jail for possession of stolen property. La Quinta SET conducted a follow up investigation to a series of vehicle burglaries throughout the city. During the investigation, SET officers located an embezzled vehicle in the 81-100 block of Fred Waring Drive in Indio. Officers later arrested an Indio man for a felony embezzlement warrant. A search warrant was authored for the suspect's apartment and additional stolen property was located from several La Quinta vehicle burglaries. The suspect was booked into jail for embezzlement, possession of stolen property and committing a felony while out on bail. During the month of December La Quints SET officers have worked the Holiday Theft Prevention Program, which consist of officers patrolling the business district on bicycles, Segways and in vehicles. The program was successful in locating and qpapprehending criminals and preventing theft related crimes or robberies. 306 11 CITY OF LA QUINTA Traffic Services Team Report Motor Corporal D. Olson Traffic Services Team Cpl. D. Olson Dep. J. Reynolds Dep. M. Scott Dep. R. Wiggs C.S.O. B. Delaney SIGNIFICANT ACTIVITY The City of La Quinta saw moderate increases in the number of traffic collisions on public roadways for the year 2011. There was an overall increase of 6.69% for collisions on public roadways when compared to last year. However, there was an 8.96% decrease in injury collisions for the year 2011 when compared to 2010. There is only an overall increase of 3% for all collision activity, which includes private property, for the year 2011 in comparison to 2010. There were 48 Hit and Run Collisions for 2011 which was the same as 2010. While Private Property Collisions, Bicycle Collisions, and Alcohol Collisions all decreased for the year. The majority of intersection related collisions occurred at Highway 111 and Washington St, with Avenue 52 and Jefferson Street ranking second. The majority of collisions for the year occurred on Wednesdays between the hours of 2:00 pm and 3:00 pm. Unsafe Speed accounted for the cause of 28.45% of collisions for the year. While 41 Auto Right of Way Violations ranked second and accounted for 15.23% of collisions. As " 307 a result of these collision factors, La Quinta Traffic Services focus their attention toward education and enforcement of drivers who violate these traffic laws. While it takes a significant period of time to compile accurate data, the monthly Traffic Collision Statistics and Data Report contain only those reports which have been completed. Frequently, collisions require further investigation and are forwarded to the La Quinta Traffic Services Team for follow up investigation and filing with the District Attorneys Office. In keeping with all developing trends, traffic services constantly shifts its focus to meet the leading causes of collisions within the city. 308 ❑I 11 Col. Mitchell Paige M.S CITY OF LA QUINTA School Resource Officer Report December 2011 Officer C. Trueblood Summit H.S. Horizon Continuation School Summary of Activity Type of Activity Number of Incidents Reports 2 Assist Other Departments 1 Pedestrian Checks 5 Vehicle Check 2 City Municipal Code Citations 4 Calls for Service 2 SIGNIFICANT ACTIVITY I was dispatched to La Quinta High School to assist Child Protective Services (CPS) in picking up a violent male juvenile who had runaway from a court ordered placement. I went to the school and found that CPS was not at the location and would have to send a case worker from Moreno Valley. I was asked that to detain the juvenile until a case worker arrived. I contacted the juvenile and was able to talk him into the back of my patrol vehicle and avoided a physical altercation. I transported him to the Indio Station to wait for a CPS case worker. After approximately three hours the CPS case worker arrived and took custody of the juvenile. 309 11 u Officer R. Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report December 2011 Summary of Activity Type of Activi Number of Incidents Reports 14 Investigative Follow-up 9 Arrests 14 Y.A.T. Referrals 3 City Park Checks 9 Vehicle Checks / Pedestrian Checks 8/14 Business Checks 3 County Citations / City Citations 7/2 Public Assist 11 Investi ations Follow-up 11 District Attorney Filings 7 SIGNIFICANT ACTIVITY I responded to the front office regarding a disruptive student. A male student was in the office for a behavioral referral. While in the office and waiting to see the assistant principal, he interfered with another teacher who was writing a referral for a second student whom the suspect did not know. The suspect started making comments directed at the teacher and when she tried to verbally correct his behavior he became physically confrontational with the teacher and threatened her. Security personnel intervened and he 310 slapped one of the security agent's hands away. The suspect was taken into custody and booked for making threats against a school employee. I conducted a pedestrian check of two males at the La Quinta Park prior to the end of the school day. One of the males, a 17 year old juvenile, was found to be in possession of marijuana and vandalism tools. The second male, an adult, was found to be in possession of vandalism tools as well. I had seen both males in the vicinity of the park snack bar. I inspected the snack bar and found tagging on the snack bar that matched writing they had on their personal items. Both males were arrested and charges are pending. 11 11 311 11 E CITY OF LA QUINTA School Resource Officer December 2011 Officer D. Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School Summary of Activity Type of Activity Number of Incidents Reports 9 Arrests 6 Business Check 1 District Attomey Filings 6 Traffic Stops 3 Y.A.T. Referrals 4 Home Visits 1 Follow-up Investigations 2 Vehicle Checks 2 Public Assist 10 Pedestrian Checks 8 Traffic Citations 0 312 E SIGNIFICANT ACTIVITY La Quinta Middle School I conducted an investigation regarding the theft of a cell phone from a teacher. During the course of my investigation I arrested three juveniles for the theft and for receiving stolen property. I conducted an investigation regarding the theft of two cameras from a teacher. I was able to identify and arrest two students for theft and conspiracy. I received a report of a theft from the school cafeteria. As a result of my investigation I identified and arrested one student for the theft. John Adams Elementary School Illegal parking in the school bus lane has continued to be an issue before and after school when parents are dropping and picking up their children. Several citations and warnings have been given to the violators. Benjamin Franklin Elementary School Parking in the school bus lane has become an issue before school while parents are dropping off their children. Warnings and citations will be issued in an attempt to alleviate the problem. Ham Truman Elementary School No incidents reported. Traffic congestion both before school and after has continued to be a nuisance. I have continued to conduct traffic control before and after school in an attempt to alleviate the traffic congestion at La Quinta Middle School and Truman Elementary School on Park Avenue north of Avenue 50. COMMUNITY EVENTS Shop with a Cop 2011 The 2"d Annual "Shop with a Cop" program was conducted on Saturday, December 10'h at Wal-Mart in La Quinta. The program was conducted to promote positive interaction between under privileged children in the community and local law enforcement. Twenty children, ages six to eleven years of age, were selected to participate from the four local Desert Sands Elementary Schools that service the City of 313 ® La Quinta. These twenty children met with La Quinta Police Department members at Wal-Mart. They were treated to a "CODE 3" entrance by Santa Clause and McGruff the Crime Fighting Dog who were riding in a police vehicle. The children were also entertained by members of the Truman Elementary Choir. Each child was given a gift card and was escorted by officers during their shopping experience. The children were allowed to choose a gift for themselves or another family member. Once the shopping experience was over the children were given treats and participated in crafts making. Many of the children made thank you cards for the officer they shopped with. Thanks to Wal-Mart for providing us with a venue to conduct this program. 11 314 Deputy Tracey Newton CITY OF LA QUINTA Business District Deputy Report December 2011 SUMMARY OF ACTIVITY SIGNIFICANT ACTIVITY I responded to La Quinta grocery store regarding a disturbance at the location. I arrested a male who was booked into the Indio Jail. I conducted a traffic collision investigation, which occurred in a retail parking lot in the area of Highway I I I and Simon Drive. During the course of the investigation, it was determined one of the drivers did not have the correct documents of insurance. The driver was cited and released. I assisted with the "Shop with a Cop" program held at Wal-Mart. Twenty children, referred by La Quinta school staff, participated in the event. The Truman Elementary School Choir sang Christmas songs to children and parents as they arrived. Santa and McGruff the crime dog rode in a decorated Sheriff's pickup and greeted children as they pulled up to Wal-Mart. All choir members received gift bags at the conclusion of the event in appreciation for their participation. 315 11 u I served three individual search warrants to three internet companies as part of a follow-up investigation of a crime in La Quinta. The search warrants were for records pertaining to stolen property from a La Quinta hotel. I authored a search warrant, which was approved, for data retrieval for property connected to an identity theft case from September, 2011. The search warrant was sent to the Computer and Technology Crime High -Tech Response Team (CATCH Team) for processing. I investigated a theft of a purse from a retail parking lot. Unknown suspect(s) removed the victim's purse from an unattended shopping cart. No fraudulent use of the victim's credit cards had been attempted at the time of the investigation. 316 0 11 CITY OF LA QUINTA Business District Community Service Officer December 2011 C.S.O. P. Curia SIGNIFICANT ACTIVITY I participated in the "Shop With A Cop" program for underprivileged children in partnership with Wal-Mart. I had the opportunity to play Santa Clause and to greet an estimated one hundred people who participated in the program. Escorted by La Quinta Police Department officers, twenty children were given the opportunity to shop for themselves and family members. McGruff the Crime Fighting Dog was also there to greet the children and to offer support. I participated in a program for Life Stream Blood Bank in La Quinta. The blood bank is in constant need of blood to maintain and adequate supply should a disaster strike. Life Stream held a public event and invited the La Quinta Police Department to share in raising pubic awareness and participation as a blood donor. McGruff the Crime Fighting Dog was also present to greet those who visited the blood bank. I continue to patrol the shopping centers of La Quinta, monitoring compliance with the municipal codes and the handling calls of theft, vehicle burglaries and lost property. 311 E 11 U CITY OF LA QUINTA Community Service Officer Report December 2011 C.S.O. Artesia Zamorez C.S.O. Melinda Lopez C.S.O. Bridget Delaney Summary of Activity Type of 11 Number of Incidents Bur lary Investigations 9 Grand Theft Reports 2 PettyTheft Reports 6 Vandalism/Malicious Mischief Reports 6 Traffic Collision Response 20 Vehicle Code or Parking Citations 37 Abandoned Vehicles TaggedANarning 7 Towed Vehicles 0 Lost or Found Property Reports 9 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 15 Miscellaneous Calls 64 318 E E Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report December 2011 Summary of Activitv Community Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 186 Patrol Hours 127 Hours Y.T.D. 2,086 Y.T.D. Patrol Hours 1,446 Hours 4/03 to Present 25,796 Hours 7/06 to Present 8,734 CPO Monthly Visits 105 Neighborhood Patrol 53 CPO Y.T.D. Visits 1,009 Business Checks 136 CPO Visits 4/03 to Present 19,291 Traffic Collision Response 2 Vacation Checks 51 Miscellaneous Activities 12 Total savings since 2003 through May, 2010 = $379,431. CA rate for value received is $23.29 - 2011 totals = $77,891 Total Savings since 2003 = $530,848 2011 Highlights We currently have 11 active office volunteers who staff and maintain the Community Policing Office in Old Town. These volunteers do a variety of data entry functions as well as assisting community members who enter the office. We also provide office assistance on furlough days for the Business District Receptionist. We currently have 7 Citizen on Patrol volunteers serving our community, one is on medical leave. COP volunteers have been assisting with traffic at LQHS football games, DUI checkpoints, last years Bob Hope Classic, "Drone Car' program in the business district, extra patrol for vacationing citizens, traffic collision assistance to Deputies and many other Community Activities. In January 2012 we will resume our "Get to Know Your Volunteers" in our monthly report. 319 Department Report: 0 LA Ul TA P@LICE Served by me Riverside County SheriRs Depar6nent Crime Statistics Summary November -- 2011 Prepared for 0 1 0 11 E 11 CITY OF LA QUINTA Crime Com arison -- November CRIME November November YTD 2011 YTD 2010 2011 2010 1 AGGRAVATED ASSAULTS 7 6 61 53 2 BURGLARY 51 30 445 411 3 BURGLARY - VEHICLE 22 9 247 156 4 DOMESTIC VIOLENCE 7 22 154 199 5 HOMICIDE 0 0 1 1 6 NARCOTICS VIOLATIONS 23 15 205 226 7 ROBBERY 1 2 31 21 8 ROBBERY - CAR JACKING 0 0 1 1 9 SEX CRIME FELONY 2 10 26 50 10 SEX CRIME MISDEMEANOR 0 0 7 7 11 SIMPLE ASSAULTS 15 9 121 87 12 THEFT 62 46 628 620 13 VEHICLE THEFT 4 5 48 56 CITY OF LA QUINTA Average Response Time November 2011 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 2.6 1 ROUTINE 8.8 1,185 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 321 E El Crime Distribution Table Nov-11 % of Total Nov-10 % of Total 1 AGGRAVATED ASSAULTS 7 3.61% 6 3.66% 2 BURGLARY 51 26.29% 30 18.29% 3 BURGLARY - VEHICLE 22 11.34% 9 5.49% 4 DOMESTIC VIOLENCE 7 3.61% 22 13.41% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 23 11.86% 15 9.15% 7 ROBBERY 1 0.52% 2 1.22% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 2 1.03% 10 6.10% 10 SEX CRIME MISDEMEANOR 0 0.00% 0 0.00% 11 SIMPLE ASSAULTS 15 7.73% 9 5.49% 12 THEFT 62 31.96% 46 28.05% 13 VEHICLE THEFT 4 2.06% 5 3.05% Total 194 96.39% 164 90.24% Ca Y OF LA QUINTA Nmember2011 Crime Distribudon 70 60 51 50 40 30 23 20 ---- - 15 — 7 7 10 0 1.: 0 0 0 a oy z < x <Z a g >c"� a mz 50 3 0> m m m mx n inm x m xc� mn, m m >w r� ox a3 >> �� y �a �� o y� yo xz °z' 3 y m L) 3 x z o a am 322 11 Month to Month Crime Comparison November 00 60 ONovember2011 50 IBM O November 2010 40 30 20 In 10 0 �JIME .- � -: < a A h:. 0 Year to Date Crime Comparison November I III �• II o n o a o A %9 '"323 C LI Month to Month Calls for Service Comparison November 2011 [El Nov-11 11 Nov-10 4,000 1,358 2, 000 896 1 1861,165 0 Total Non-Crimnal Criminal Year to Date Calls for Service Comparison January -- November © YTD 2011 12 0 YTD 2010 40,000 7 958 x. 20,000P>' $ wI 0 Total Non -Criminal Criminal 324 Department Report City of �fliT�-1 Fire Department Quarterly Report October 1 thru December 31, 2011 Presented by: Pete Blakemore Battalion Chief 325 RNMOE COUNTY FIRE DEPARTNEW IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION John R. Hawkins - Fire Chief 210 West San Jacinto Avenue — Perris, CA 92570 (951) 940-6900 — www.rvcfire.org PROUDLY SERVING THE January 6, 2012 UNINCORPORATED AREAS OF RIVERSIDE COUNTY AND THE CRIES OF: Honorable Mayor Adolph Members of the City Council BANNING City of La Quinta BEAUMONT P.O. Box 1504 CALIMESA La Quinta, CA 92253 CANYON LAKE Ref: Quarterly Report COACHELLA DESERT HOT SPRINGS Please find the attached Fire Department Quarterly Report for the City of La Quinta. This report covers the 4u' quarter of 2011. EASTVALE INDIAN WELLS Riverside County Fire Department units responded to a total of 849 calls for service INDIO within the City of La Quinta. These responses are broken down into the following JURUPA VALLEY classifications: LAKE ELSINORE • Medical Emergencies 611 LA QUINTA • False Alarms 92 MENIFEE • Structure Fires 4 MORENO VALLEY • Vegetation Fires 2 • Rescues (vehicle accidents, entrapments) 58 NORCO • Other Fires (refuse, vehicle etc.) 17 PALM DESERT • Public Service Assists (Non -emergency assistance) 43 PERRIS • Fire Menace Standby (fuel spills, gas leaks etc.) 22 RANCHO MIRAGE RUBIDOUX CSD There were a total of 3095 calls for service within the City of La Quinta in 2011. This represents an increase of approximately 10% from 2010 which had a total of 2806 calls SAN JACINTO for service. TEMECULA WILDOMAR Below is a summary of various activities and events that occurred in the city in which during the fourth quarter of 2011. BOARD OF SUPERVISORS: . EMERGENCY PREPARDNESS BOB BUSTER DISTRICT I o October 20, 2011 La Quinta Chief Officers participated with the City Emergency Services in the California Shakeout Exercise. JOHN TAVAGLIONE DISTRICT 2 o November 5, 2011 La Quinta Firefighters assisted City Emergency JEFF STONE DISTRICT 3 Services providing CERT training to the community JOHN BENOIT DISTRICT 4 MARION ASHLEY DISTRICT 5 y 326 Fire crews performing drills at the training tower located at the Roy Wilson Training Center located in 1000 Palms Live fire training at Indio High School Kids from LQ Boys and Girls club tour Fire Station 32 • TRAINING ACTIVITIES o Training is an ongoing process for our La Quinta Firefighters. Pictured are just two examples of the types of drills we perform. • PUBLIC EDUCATION o December 12 kids from the La Quinta Boys and Girls Club received fire safety tips at Station 32. Staff from the La Quinta Resort and the Variety Children's Charity of Desert provided transportation and refreshments. o Fire Extinguisher Training was provided to 85 employees of the La Quinta Resort and hotel. • COMMUNITITY SERVICES From November 14th though December 24 the La Quinta Firefighters collected hundreds of new toys thru our annual "Spark of Love" toy drive. With the generous donations from members of the community, these toys were distributed to hundreds of children this holiday season. Local business employees receiving hands on extinguisher training La Quinta Firefighters with local children during the holidays 0", 327 Assistance being provided to a EMERGENCY OPERATIONS neighboring city Safe and proper cleanup from a Hazardous Materials spill Quick actions prevented further damage o November 2, 2011 La Quinta Firefighters assist units from Coachella, Indio and Riverside County on a single family dwelling fire. This is another excellent example of our Regional Integrated Fire Protection Delivery system. November 2, 2011 La Quinta Firefighters responded to a Hazardous Materials incident at the intersection of Hwy I I I and Dune Palms. Over 40 gallons of a flammable liquid were spilled onto the parking area of a local business. This resulted in a joint response from Fire and Environmental Health Departments to ensure proper and safe cleanup was completed. o November 14, 2011 afire occurred in a single family dwelling in the 55000 block of Royal St. George. This fire resulted in an estimated property loss of $ 300,000 with a save of over $ 600,000. o December 16, 2011 firefighters respond to a vehicle fire in the driveway of a La Quinta residence. Quick actions by firefighters kept the fire from damaging the dwelling. December 22, 2011 firefighters responded to a reported fire at the iconic La Quinta Resort and Hotel. First in units found smoke conditions within the building and requested additional resources. Further investigation found extensive buildup of heat and smoke from the chimney of the hotel. No structural damage from fire occurred but there was some smoke damage inside the building. This incident serves as a reminder for everyone to properly maintain fireplaces and chimneys. The scene of a typical Regional Integrated Fire Delivery response to a residential structure fire. Respectfully submitted, John Hawkins County Fire Chief Pete Blakemore Battalion Chief 11 328 La Quints, City Fire Responses Quarterly Totals dical Emergencies ® False Alarms ElStructure Fire oWildland Fires ❑ Rescues 13Other Fires El Public Service Assists ® Fire Menace Standby OCT NOV DEC Totals Medical Emergencies 198 189 224 611 False Alarms 28 23 41 92 Structure Fire 0 1 3 4 Wildland Fires 1 1 0 2 Rescues 21 13 24 58 Other Fires 7 4 6 17 Public Service Assists 11 14 18 43 Fire Menace Standb 8 6 8 22 TOTALS 274 251 324 849 329 La Quinta City Fire Responses Quarterly Totals Yearly Comparisons 02010 02011 2500 ,d e 2000 ¢, a^ �t 1500 1000 as 500 w� 934$ . 0 pf, �P�, dse S'�Gc� �2/tea 'PsseG p10G6�c 'oe'L! s � S o,@s ssfs o6.L Pearl Totals 2010 2011 Medical Emergencies 2040 2282 False Alarms 321 290 Structure Fire 23 29 Wildland Fires 9 4 Rescues 159 190 Other Fires 50 52 Public Service Assists 150 184 Fire Menace Standby 54 64 TOTALS 2606 3095 1mr2012 .N 330 La Quinta City Quarterly Report Fire Safety Specialist Month /Activity Annual Business Inspections New Construction Inspections New Construction Plan Checks New and Current Planning Cases OCT 33 14 21 22 NOV 52 18 15 11 DEC 1 21 1 7 1 17 1 12 TOTALS1 106 1 39 1 53 1 45 oAnnual Business Inspections ® New Construction Inspections oNew Construction Plan Checks O New and Current Planning Cases W W 4TH Quarter Inspector Summary 18% COUNCIL/RDA MEETING DATE: January 17, 2012 ITEM TITLE: Continued Public Hearing to Consider a Resolution Adding Certain Alternative Conditions of Approval to Four Tract Maps Allowing the Design and Construction of Raised Medians in Lieu of Traffic Signals for Tract Map Nos. 25500-4, 28603-1, 28838-1, and 29147-1, KSL Land Corporation and Approving a Cash Payment for Remaining Off -Site Improvements Associated With Tract Map 28960 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct the continuation of the public hearing on the item and take an action approving the following for the development projects described below: a. For Tract Map No. 25500-4, accept cash or a letter of credit in the amount of $430,000 as satisfaction for the future design and construction of the traffic signal at the Winged Foot access to Tract 25500-4 on Madison Street (PGA West Residential Area 1 and Eagle Bend entrance) when warranted; and b. For Tract Map No. 28603-1, accept cash or a letter of credit in the amount of $215,000 as satisfaction for the future design and construction of one-half of the traffic signal at the Weiskopf access to Tract 28603-1 on Madison Street (Master Series entrance) when warranted; and C. For Tract Map No. 28838-1, accept cash or a letter of credit in the amount of $215,000 as satisfaction for the future design and construction of one-half of the traffic signal at the Legends Way access to Tract 28838-1 on Madison Street (Master Series entrance) when warranted; and d. For Tract Map No. 29147-1, accept cash or letter of credit in the amount of $31,000 as satisfaction for the design and construction of one-half of the 0 332 median modification at the Troon Way access to Tract 29147-1 on Madison Street (Legends and Summit entrance) and $30,000 as satisfaction for the future design and construction of the entrance modification at the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and Summit entrance) when warranted; and e. For Tract Map No. 28960, accept cash or letter of credit in the amount of $856,000 as satisfaction for the future design and construct approximately three quarters of the full right-of-way off -site improvements along a length equal to the length of the PGA West Specific Plan 83-002 development fronting Avenue 58 and accept cash or letter of credit of $107,500 as satisfaction for the future design and construction of 25% of the traffic signal at Avenue 58 and Madison Street when warranted. FISCAL IMPLICATIONS: The total of the developer's securities on file with the City for the five KSL tracts is as follows: Tract No. 25500-4 Tract No. 28603-1 Tract No. 28838-1 Tract No. 29147-1 Tract No. 28960 SP 83-002 $188,459 $62,500 $62,500 $1,113,814 $629,354 Total Securities $2,166,110 Since some of the required improvements have been built by other developers and some of the improvements will likely not be necessary for several years, staff recommends the conditions be revised as described above and a cash or letter of credit be accepted from the developer in the amount of $1,884,500 for the design and construction of future improvements as satisfaction of the above listed conditions of development. KSL has offered to pay $1,648,500 in lieu of designing and constructing these improvements. The $236,000 difference is due to KSL's proposal to construct median modifications in lieu of full traffic signals at two of the entry gates to PGA West on Madison Street. In order to provide for the possibility of future signals at these two locations, staff recommends KSL be required to deposit the full $1,884,500 if they desire the release of the $2,166,110 in bonds currently held by the City. CHARTER CITY IMPLICATIONS: None. 333 BACKGROUND AND OVERVIEW: Tract Map No. 25500-4 (Eagle Bend & PGA West Residential Area 1) is a residential community located on the west side of Madison Street south of Avenue 54 adjacent to the Winged Foot gated entrance to PGA West. Tract Map No. 28838-1 (The Legends) is a residential community located on the east side of Madison Street across from Tract Map No. 28603-1 (Master Series) which are adjacent to the Legends Way gate and Weiskopf gate respectively. Tract Map No. 29147-1 (Summit) is located in the northeast corner of Madison Street and Avenue 58 adjacent to the Black Diamond gate on Avenue 58. Attachment 1 is a vicinity map showing the four tracts. Tract Map No. 28960 is located within PGA West, which lies west of Madison Street, south of Avenue 54, and north of Avenue 58 (Attachment 2). Since the first public hearing on this item last June staff has met several times with both KSL and representatives from the PGA West HOA to discuss the merits of signals versus median modifications (i.e., "worms' and "pork chops") in an effort to reach agreement as to traffic control measures that would provide safe ingress and egress for the home owners without unduly delaying all users of. Madison Street. To that end KSL's traffic engineer, Endo Engineering, revised the traffic study that was presented at the public hearing to include another measurement of the traffic volumes coming into and out of the Winged Foot, Weiskopf and Legends gates at PGA West. The revised traffic study still indicates that signals will not likely ever be warranted at these entrances so the author therefore recommends that median modifications be allowed to replace the more expensive traffic signals that could impair the operation of Madison Street. The home owners were concerned with this outcome and have collected over 800 signatures in opposition of making median modifications instead of installing traffic signals at these two locations. They were, however, supportive of modifying the Black Diamond entrance on Avenue 58 with a "pork chop' island that will prevent left outs as well as the median modification that has already occurred at the Legends Gate. Since the traffic volumes that will trigger the need for any of these traffic control devices are likely 5 to 10 years from now staff believes the best option at this time is to have the developer provide cash or letters of credit in an amount that allows for the Winged Foot and Weiskopf/Legends gates to be signalized while allowing the median and entry modifications that have either already been built or will be necessary in the future at the Black Lake gate to be adequately secured. By providing the City with cash or letters of credit now the developer would avoid having to come back to design and construct the improvements and the City would avoid the time and expense of possibly having to pursue these bonds through legal action in order to get the improvements constructed by the surety. KSL has refused thus far to increase its proposal to cover the additional cost of the signals versus the median modifications. 334 PGA West Development History KSL Land Corporation was the second master "developer" of PGA West (following predecessor, Landmark Land Corporation). Over the last several decades, KSL has completed various public improvements within and around the PGA West area. With the exception of the Eden Rock Project, PGA West is effectively built out. Full build out of the PGA West development will be less dense than the project as it was originally entitled. KSL has maintained that the remaining tract obligations are no longer warranted given the reduced density of the PGA West project, as compared to its original approvals. Staff does not concur with the assertion that the outstanding required improvement will never be warranted, but has worked with the applicant to find alternative traffic mitigation measures that would satisfactorily support the PGA West project at its projected build out density in light of the expected traffic growth outside of the development. These alternative measures are expected to allow safe operation of Madison Street and Avenue 58 as traffic increases over time by restricting turning movements out of the tracts that abut these streets. The PGA West project represents one of the original developments in the City of La Quinta, having been approved shortly after the City's incorporation on May 1, 1982, and continues to be a world renowned destination in both the City and the desert community. Originally named "Oak Tree West," the City first approved the project Specific Plan in 1984 for this 1,665 acre project which was to consist of a resort village, a commercial center, four 18-hole golf courses, a 400 unit hotel and 5,000 single and multi -family residences along with 250 apartment/condo cottages, with related amenities and facilities. The specific plan has since undergone several amendments which first expanded upon, and later reduced, the intensity and scale of the project originally envisioned nearly 30 years ago. The below chart summarizes the peak approvals, the maximum build -out potential, and the difference between the two. Golf Hotel Residences Apartment/Condo TOTAL Peak Approvals Maximum Build- Out Difference Four 18-hole Four 18-hole 1,000 units 0 units (1,000 units) 5,000 units 2,939 units (1,061 units) 250 units 0 units (250 units) 6,250 Z939 (3,311 units) An Environmental Impact Report (EIR) was certified for the PGA West project on May 1, 1984. The PGA West Specific Plan was approved on May 15, 1984. Tracts 25500, 28838 and 28960 are within the PGA West Specific Plan boundary. Inclusive of the Eden Rock project, PGA West will build out at significantly less than the approved 5,000 residential units on which the EIR was based. In addition, the 1,000 335 hotel rooms and associated resort/conference facilities originally envisioned have been replaced by the Eden Rock project that was approved in April 2008. Tracts 28603 and 29147 are within the boundary of the Weiskopf Specific Plan that was approved on December 3, 1991 and for which an EIR was also certified. The Weiskopf Specific Plan was approved for up to 880 residential units, but is built out at approximately 220 units. Existing Conditions of Approval Attachment 3 is the existing conditions of approval which provide for: Traffic Signal at Winged Foot access to Tract 25500-4 on Madison Street (PGA West Residential Area 1 and Eagle Bend entrance) The applicant is currently obligated to Condition 26, which states "If a median island opening is installed per Condition #24, a traffic signal shall be installed when traffic conditions warrant installation. The applicant shall participate in 100% of the cost of the traffic signal." Traffic Signal at the Weiskopf access to Tract 28603-1 on Madison Street (Master Series entrance) The applicant is currently obligated to Condition 22A, which states "The applicant shall pay cash or provide security for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: Madison Street and Main Gate - 50% of the cost to design and construct. traffic control improvements." Traffic Signal at the Legends Way access to Tract 28838-1 on Madison Street (Master Series entrance The applicant is currently obligated to Condition 22B, which states "The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: Madison Street and Gated Entry (Street "L") - 50% of the cost to design and construct traffic signal improvements." Traffic Signal at the Troon Way access to Tract 29147-1 on Madison Street (Legends and Summit entrance) and at the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and Summit entrance) The applicant is currently obligated to Condition 35A(3), which states "Traffic Signals - 100% of the cost to design and install traffic signals at the secondary residential access drives on Madison Street and Avenue 58, when warranted." The Troon Way access is right across from the southernmost Puerta Azul access. On May 5, 2009, the City Council adopted a resolution amending the subdivision 336 improvement agreement for Puerta Azul (Tract 30096) to eliminate the traffic signal and add a developer obligation to construct a "worm" configured raised median on Madison Street prohibiting left turns out at the southernmost Puerta Azul access. Therefore, the cost of the design and construction of this raised "worm" median is divided 50% to KSL and 50% to the Puerta Azul developer. Avenue 58 Off -Site Improvements, Interlachen Extension Improvements, and Traffic Sianal at Madison Street and Avenue 58 for Tract 28960 The applicant is currently obligated to Condition 226, which states "Avenue 58 - 100% of the cost to design and construct the north three-quarters of full right-of-way improvements along a length equal to the PGA West Specific Plan 83-002 frontage of existing Avenue 58, consisting of: half width street improvements (north of centerline) with a six foot wide meandering sidewalk and perimeter landscaping; an eighteen foot wide, raised, landscaped median; and a sixteen foot wide eastbound lane adjacent to the south side of the median. The improvements constructed shall conform to the new Jefferson Street alignment plan." The applicant is also currently obligated to Condition 22D, which states "Interlachen Extension - 100% of the cost to design and construct full right-of-way improvements for a future connection to the Jefferson Street realignment, or an alternative connection as approved by the City Council." The applicant is also currently obligated to Condition 22E, which states "Madison Street and Avenue 58 - 25% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by the City Council." For Tract 28960, the remaining participatory off -site improvements include three quarters of the total Avenue 58 improvements, the participatory Interlachen extension, and the design and construction of 25% of the traffic signal at Avenue 58 and Madison Street. An estimated cost of $856,000 is required to complete the Avenue 58 improvements and the Interlachen Extension as required by Condition 22B and D for Tract Map 28960. KSL has already made cash payment in the amount of $390,542 for the interim Avenue 58 off -site improvements. Therefore, the obligations for the ultimate Avenue 58 off -site improvements and the Interlachen Extension can be satisfied with a cash payment in the amount of $465,458 (the difference between $856,000 and $390,542). Condition 22E for 25% share of the traffic signal at Madison Street and Avenue 58 can be satisfied with a cash payment of $107,500. Therefore, the total cash payment remaining for Tract 28960 is $572,958. KSL Proposal The KSL proposes to completely satisfy the remaining improvement obligations associated with Tract Map Nos. 25500-4, 28603-1, 28603-2, 28838-1, 28960, 337 29147-1 with the following alternative: 1. Design and construct a "worm median" along Madison at the Mery Griffin / PGA West entry point 2. Design and construct a "worm median" along Madison at the Weis kopf-Legends exits from PGA West 3. Pay $31,000 to the City for the design and construction of one-half of the total "worm" improvement costs for the Puerta Azul / PGA West entrance. 4. Design and construct triangular raised median improvements (right -turn in, right - turn out) with raised dots and striping along Avenue 58 at the Black Diamond Gate 5. Pay $572,958 (remaining amount) for off -site improvements associated with Tract 28960. 6. Pay $500,000 to the City's Transportation DIF Fund. In sum KSL has proposed a cash payment of $1,257,958 broken down as follows: $62,000 x 2.5 "worm" configured raised medians $155,000 $30,000 x 1 "pork chop" median (Black Diamond Gate) $30,000 $430,000 x 0.25 Madison/Ave 58 Traffic Signal $107,500 Avenue 58 Improvements $856,000 Subtotal $1,148,500 Less Credit for Cash Deposit ($390,542) Subtotal $757,958 Plus Transportation Developer Impact Fee (DIF) Contribution $500,000 TOTAL Developer Proposal $1,257,958 The Fiscal Year 201 1 /2012 Budget reflected all Transportation DIF funds being committed to the Capital Improvement Program. The applicant's proposed payment of $500,000 would help to replenish the Transportation DIF fund. Attachment 4 is a letter dated October 7, 2010 from the developer requesting City Council relief from the traffic signal obligations and proposes to install raised medians in place of the traffic signals. Attachment 5 is a letter dated October 13, 2010 from the developer referencing the affected conditions of approval. Attachment 6 is a letter dated May 2, 2011 from the developer outlining the remaining obligations. Attachment 7 is a response letter from the City to KSL dated May 17, 2011. Attachment 8 is a letter dated May 18, 2011 from the developer confirming KSL corporate has given final approval of the proposal outlined on KSL's letter dated May 2, 2011. Attachment 9 is a letter dated May 19, 2011 from the developer providing 338 clarification on the cash deposits. Attachment 10 shows an example of a "worm" configured raised median and an example of a "pork chop" configured raised median. Attachment 11 is letters and emails from PGA West HOAs and residents. In general, the letters and a -mails from the PGA West HOAs and residents request 1) that no improvements be constructed in the near term and that traffic signals be constructed on Madison Street at the Winged Foot Gate, Weiskopf Gate and at Avenue 58 when they are warranted at City General Plan Build Out and 2) that a "pork chop configured" median be constructed at the Black Diamond Gate and that no change be made to the existing "worm configured" median at the Puerta Azul access Traffic Analysis by Endo Engineering dated January 14, 2010 The reduction in the intensity of use of the PGA West development is largely affected by the elimination of the once approved 1,000 unit hotel in the resort core. That area has been instead designated for residential development. The developer submitted a traffic study in January 2010 that included peak hour traffic counts at the three access points where the raised medians are being proposed. Future traffic counts were calculated based on project and general plan build -out conditions. These counts were then compared to the Manual on Uniform Traffic Control Devices (MUTCD) traffic signal peak hour volume and delay warrants in order to determine if or when traffic control signals would be needed at these three access points based upon traffic volumes. According to the study, the peak hour volumes from the driveways were too low to meet the peak hour warrants for traffic signals under existing and expected future conditions. City Traffic Engineer Analysis The City Traffic Engineer has evaluated the raised median proposal as well as traffic analysis submitted by the developer. The City Traffic Engineer has determined that the raised medians are a viable option because they would restrict the left -turn movements out of the three access points on Madison Street where traffic is projected to quadruple by 2035. Typically requests for traffic signals increase as volumes increase and resident concerns are heightened about broadside collisions. Reducing turning movements generally benefits roadway capacity by reducing "friction" that results from additional traffic signals or other intersection controls. The City Traffic Engineer believes the alternative conditions of approval to allow the installation of "worm" configured raised medians to prevent left turns out of the Winged Foot access (Tract 25500-4), Weiskopf/Legends Way access (Tract 28603-1 and 28838-1), and the Troon Way access on Madison Street (Tract 29147-1) in lieu of the three traffic signals to be a safe and viable alternative. Left turns into these developments (Tract 25500-4, 28603-1, 28838-1 and 29147-1) on Madison Street would still be permitted. The City Traffic Engineer also believes the recommendation to add an alternative condition of approval to allow the installation of a "pork chop" to 339 configured raised median to prevent left turns out of the Black Diamond access (Tract 29147-1) on Avenue 58 in lieu of a traffic signal to be a safe and viable option as well. Public Hearing Held June 21, 2011 During the public hearing held on June 21, 2011, many issues were raised including: 1. The operation of the PGA West "maintenance gates" had changed since the KSL traffic analysis had been completed. The KSL traffic analysis did not address this new operation scheme. 2. The KSL traffic analysis had not addressed the intersection at Kingston Heath. This traffic signal location should also be addressed. 3. The traffic analysis did not include a discussion of the spacing of traffic signals. 4. The traffic analysis did not evaluate 4-Way Stops (All -Way Stop Control) at each of the intersections as a potential solution. 5. The traffic analysis did not evaluate roundabouts at each of the intersections as a potential solution. 6. The traffic analysis did not address any emergency response time effects for the design alternatives. With several different actions, KSL requested a continuance of the public hearing until January 17, 2012 to adequately address these issues. They submitted the "Focused Traffic Impact Memo Update of Traffic Signal Warrant Study for Three Intersections on Madison Street Adjacent to PGA West" by Endo Engineering dated November 23, 2011, which is available for review in the Public Works Department. KSL Response to Issues Raised at the Public Hearing_ of June 21, 2011 Using Updated Traffic Analysis by Endo Engineering dated November 23, 2011 1. KSL updated the traffic analysis to address the new operation of the PGA West "maintenance gates." The update prepared by Endo Engineering dated November 23, 2011 concluded that "based upon the new traffic counts, the findings and recommendations for the three intersections (Madison at Winged Foot, Madison at Weiskopf Gate and Madison at Avenue 58) remain unchanged from the January 14, 2010 report." Additionally, the existing traffic controls are currently providing acceptable levels of service and are appropriate for the near term traffic conditions. When traffic volumes on Madison Street reach 40,000 vehicles per day, at City Build Out, the existing traffic controls will not be sufficient. At City build out, traffic signal warrants will not be met at the PGA West Gates. However, mitigation will be required at these locations to meet the City of La Quinta minimum performance standard. It is anticipated that the Madison Street at Avenue 58 location will meet traffic signal warrants at City build out. 340 2. KSL does not wish to address the traffic signal location at Kingston Heath Gate at this time (per Attachment 12). 3. The KSL traffic analysis was updated to include a discussion of the spacing of traffic signals. The City General Plan allows intersection spacing no closer than 1,060 feet on primary arterial roadways (i.e. Madison Street). The KSL traffic study recommends that traffic signals be spaced no closer than 1,300 feet apart. Per Figure 2, all locations meet these criteria. 4. The KSL traffic analysis was updated to include a discussion of the All -Way Stop Control (AWSC) alternative. The traffic study concluded that the All -Way Stop Control alternative Was not appropriate because: 1) overall intersection control delay is increased, 2) frequency of rear end collisions is likely to be increased 3) this option is only suited to intersections that have moderate and relatively balanced volumes on the intersection approaches (which is not the case at the Madison gate locations) and 4) the gate locations will likely never meet the AWSC warrant per the "California Manual of Uniform Traffic Control Devices." 5. The KSL traffic analysis was updated to include a discussion of roundabouts. The analysis concluded that roundabouts would not be an appropriate solution because 1) geometric and right of way requirements make this option infeasible and 2) if the two lane roundabout could somehow be constructed, vehicles awaiting entry through a gated entry could extend into and clog up the roundabout. 6. The KSL traffic analysis was updated to include a section addressing emergency response time. The study concluded that emergency response time is not changed since patients are typically stabilized by emergency medical technicians before being transported to the hospital, and the time from initial call to arrival at the scene does not change in the "worm configured" median alternative. The travel time to the hospital for an emergency vehicle with active sirens and lights flashing would likely not be different under each of the proposed alternatives because these vehicles are allowed to violate highway laws in an emergency. This was confirmed by the City's fire department. Traffic Signal Progression and Overall "System Wide" Motorist Delay The KSL traffic memo also emphasizes that fewer traffic signals at uniform spacing improve traffic flow, reduce overall delay and respond more efficiently to a variety of traffic conditions. This concept is illustrated by Figures 11 and 12 (Attachments 13 and 14 respectively) which show that overall motorist delay goes up approximately 10 fold during City build out for the traffic signal option at the Weiskopf and Winged Foot Gates versus the "worm configured" median option at these same locations. Due to It 341 this increase in "system wide" delay, staff currently believes the "worm configured" median option is preferred with respect to arterial traffic flow over the traffic signal option at the Weiskopf and Winged Foot Gates. PGA West Homeowner Association Concerns Attachment 15 is a copy of a petition that was circulated within the PGA West development. The petition recommends to: "1) install a traffic signal at the Winged Foot/Laurels/Eagle Bend Gate instead of a worm barrier when traffic density warrants it 2) install a traffic signal at the Weiskopf/Legends Way Gate instead of a worm barrier, when traffic density warrants it 3) install a modified "pork chop" at 58`h when warranted by traffic density in order to enable residents to go north into the Summit/Legends from 58th 4) all Norman Gates both on Madison and Airport would remain the same as constructed." To date, over 800 petitions were submitted. In the interest of saving copying costs since the petitions were identical, only,one petition was included in this agenda report. However, the submitted petitions are available for review in the Public Works Department. Attachment 16 is the PowerPoint slide presentation that was submitted by the Madison Street Access Committee, a committee comprised of PGA West HOA Board members and interested residents. In summary: they are against "worm" medians because of: 1) safety concerns with U turns, 2) emergency vehicle response delay due to U turns, 3) observed motorists and police vehicles entering "worm" medians going the wrong way thereby creating possible head on collision opportunities, 4) the inability of large trucks (i.e. landscaping trucks pulling trailers) to make U turns, and 5) severe inconvenience. They recommend to: 1) do nothing until warrants are met 2) when warrants are met, add signals at the Winged Foot/Griffin Ranch and Weiskopf/Legends Way Gates and modify the "pork chop" at 58`h to enable residents to go north into the Summit/Legends. Environmental Determination Under California Environmental Quality Act (CEQA) Guidelines §15182, tract maps filed for residential specific plans for which an EIR was certified are exempt from CEQA review, unless certain conditions exist. All of the maps in question were approved under this provision. Given the reduced level of development that has occurred within both Specific Plans, the traffic study submitted by the developer, and the opinions of the City's Traffic Engineer, staff does not believe that the modifications being requested trigger the need for any further environmental review. The original entitlement allows full turning movement access at the four (4) locations (Avenue 58 at Black Diamond Gate, Madison Street at (Troon) Pasadera Gate, Madison Street at Legends (Weiskopf) Gate and Madison Street at Eagle Bend (Winged Foot) Gate). City staff agrees with the developer that it is unlikely that any of the four (4) 342 traffic signal locations currently meet warrants for a traffic signal in the foreseeable future based upon traffic volumes. However, staff believes that at City build out, and build of the areas to the east of the City, residents desiring to make left turns out of the subject developments from these access points will not be able to safely do so without the benefit of traffic signals. Therefore, staff looked at alternatives to full signalized access at these locations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct the continuation of the public hearing on the item and take an action approving the following for the development projects described below: a. For Tract Map No. 25500-4, accept cash or a letter of credit in the amount of $430,000 as satisfaction for the future design and construction of the traffic signal at the Winged Foot access to Tract 25500-4 on Madison Street (PGA West Residential Area 1 and Eagle Bend entrance) when warranted; and b. For Tract Map No. 28603-1, accept cash or a letter of credit in the amount of $215,000 as satisfaction for the future design and construction of one-half of the traffic signal at the Weiskopf access to Tract 28603-1 on Madison Street (Master Series entrance) when warranted; and c. For Tract Map No. 28838-1, accept cash or a letter of credit in the amount of $215,000 as satisfaction for the future design and construction of one-half of the traffic signal at the Legends Way access to Tract 28838-1 on Madison Street (Master Series entrance) when warranted; and d. For Tract Map No. 29147-1, accept cash or letter of credit in the amount of $31,000 as satisfaction for the design and construction of one-half of the median modification at the Troon Way access to Tract 29147-1 on Madison Street (Legends and Summit entrance) and $30,000 as satisfaction for the future design and construction of the entrance modification at the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and Summit entrance) when warranted; and e. For Tract Map No. 28960, accept cash or letter of credit in the amount is 343 of $856,000 as satisfaction for the future design and construct approximately three quarters of the full right-of-way off -site improvements along a length equal to the length of the PGA West Specific Plan 83-002 development fronting Avenue 58 and accept cash or letter of credit of $107,500 as satisfaction for the future design and construction of 25% of the traffic signal at Avenue 58 and Madison Street when warranted; or 2. Conduct the continuation of the public hearing on the item and take no action and allow all conditions and securities to remain as is; or 3. Conduct the continuation of the public hearing on the item and adopt the attached Resolution, which accepts the current KSL proposal; or 4. Provide staff with alternative direction. Respectfully submitted, 4 . , II 2 mothy ona s n, P.E. Public Works Director/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map for TM 25500-4, 28603-1, 28838-1, and 29147-1 2. Vicinity Map for TM 28960 3. Condition of Approval (COA) 26 for TM 25500 dated July 31, 1990, COA 22A for TM 28603. dated November 17, 1998, COA 22B for TM 28838 dated July 20, 1998, and COA 35A(3) for TM 29147 dated December 7, 1999 4. Letter from KSL Land I, LLC dated October 7, 2010 5. Letter from KSL Land I, LLC dated October 13, 2010 6. Letter from KSL Land I, LLC dated May 2, 2011 7. Response Letter to KSL Land I, LLC dated May 17, 2011 8, Letter from KSL Land I, LLC dated May 18, 2011 9. Letter from KSL Land I, LLC dated May 19, 2011 10. Raised Medians Exhibit 11. Letters & emails from residents 12. Letter from KSL Land I, LLC dated October 18, 2011 13. Figure 11- Overall Peak Hour Delay at Madison Street/Winged Foot Intersection 14. Figure 12 — Overall Peak Hour Delay at Madison Street/Weiskopf Intersection 15. Copy of a petition that was circulated within the PGA West development 16. PowerPoint slide presentation that was submitted by the Madison Street Access Committee 345 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING AN ALTERNATIVE CONDITION OF APPROVAL FOR TRACT MAP NOS. 29147-1 AND APPROVING A CASH PAYMENT FOR THE REMAINING OFF -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 28960 WHEREAS, the City Council approved the Conditions of Approval for Tentative Tract Map 29147 on December 7, 1999, and Tentative Tract Map 28960 on November 17, 1998; and WHEREAS, the City currently holds developer securities for: a► the design and construction of 50% of the traffic signal at the Troon Way access to Tract 29147-1 on Madison Street, b) the design and construction of 100% of the traffic signal at the Black Diamond access to Tract 29147-1 on Avenue 58, and c) the design and construction of 75% of full right-of-way off -site improvements along a length equal to the length of the PGA West Specific Plan 83-002 development that fronted Avenue 58, the Interlachen extension off -site improvements, and the design and construction of 25% of the traffic signal at Avenue 58 and Madison Street; and WHEREAS, the developer requested to pay cash to satisfy the remaining off - site improvements for Tract Map 28960, which includes one quarter of the traffic signal at Madison Street and Avenue 58 and the off -site improvements on Avenue. 58 associated with this tract; and WHEREAS, the developer has requested to not be obligated to design and construct a traffic signal associated with Tract Map 29147-1 on the basis that fewer units have been constructed for PGA West than were originally entitled. Specifically, the developer is requesting to not be obligated to design and construct a traffic signal on Madison Street at the Troon Way access to Tract 29147- 1("Legends" & "Summit" entrance), as well as a traffic signal on Avenue 58 at the Black Diamond access to Tract 29147-1 ("Pasadera" & "Summit" entrance); and WHEREAS, the City Traffic Engineer supports the recommendation to eliminate these two (2) traffic signals as long as the developer pays for one half of the. design and construction of a "worm" configured raised median to prevent left turns out of the Troon Way access on Madison Street (Tract 29147-1) and also designs and constructs a "pork chop" configured raised median to prevent left turns d out of the access at the Black Diamond entry (Tract 29147-1) on Avenue 58; and 346 Resolution No. 2012- KSL Land Corporation Adopted: January 17, 2012 Page 2 WHEREAS, the aforementioned Tract Map 29147, during the Tentative Tract Map application review, was deemed exempt from CEQA per Public Resources Government Code Section 65457(a) and CEQA Guidelines, Section 15182, as an Environmental Impact Report (SCH# 90020727) was prepared for Specific Plan 90- 017 and certified by the City Council on December 3, 1991. No changed circumstances or conditions were deemed to exist which would have triggered the preparation of any subsequent environmental analysis on the aforementioned Tract Map pursuant to Public Resources Code Section 21 166; and WHEREAS, the La Quinta Planning Director and City Traffic Engineer have determined that modification of final map requirements, such as the subject conditions of approval which implement their respective final maps do not trigger the need for further CEQA review, as they do not give rise to the circumstances identified in PRC Section 21166. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. Condition 35A(3)(a) is hereby added to Tract Map No. 29147-1 which reads: "35A(3)(a). In lieu of Condition 35A(3), the applicant may pay cash in the amount of $31,000 to the City for the design and construction of one half of a "worm" configured raised median that prohibits left turns out of the Troon Way access to Tract 29147-1 on Madison Street (Legends and Summit entrance), and additionally when warranted design and construct a "pork chop" configured raised median that prohibits left turns out of the Black Diamond access to Tract 29147-1 on Avenue 58 (Pasadera and Summit entrance)." 2. Condition 22F is hereby added to Tract Map No. 28960 which reads: "22F. In lieu of Conditions 22B, D, and E, the applicant may pay cash in the amount of $963,125 (KSL has already deposited $390,541.81 for interim Avenue 58 off -site improvements) for one quarter of the design and construction of a traffic signal at Madison Street and Avenue 58 and additionally the off -site improvements on Avenue 58 associated with Tract 28960. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 17`" day of January, 2012, by the following vote: AYES: NOES: -a 347 Resolution No. 2012- KSL Land Corporation Adopted: January 17, 2012 Page 3 ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California 4 348 ATTACHMENT1 AVENUE 54 7 TRACT 25500-4 EAGLE BEND & PGA WEST QRESIDENTIAL' AREA 1 ! TRACT 28603-1 MASTER — \ SERIES TM 32879 GRIFFIN RANCH AIRPORT BLVD TRACT 28838-1 THE LEGENDS _i- -� TM 30096 �4r TRACT' PUERTA 29147-1 PASADERA Ar�Z�ULSUMMIT / AVENUE 58 Legend PROPOSED LOCATIONS OF "WORM" CONFIGURED RAISED MEDIANS PROHIBITING LEFT TURNS OUT OF DEVELOPMENT INSTEAD OF TRAFFIC SIGNALS PROPOSED LOCATION OF 'PORK CHOP" CONFIGURED RAISED MEDIAN PROHIBITING LEFT TURNS IN AND LEFT TURN OUT OF DEVELOPMENT INSTEAD OF TRAFFIC SIGNAL KINGSTON HEATH TRAFFIC SIGNAL (NOT INCLUDED IN THIS PUBLIC HEARING) ® EXISTING "WORM" CONFIGURED INTERSECTION 349 TM 28960 PGA WEST 0 TRACT NO. 28960, 588t AVENUE l ATTACHMENT 2 BLw, VICINITY MAP NOT TO SCALE 350 Conditions of Approval -TT 25500, Amendment #1 Ju.lv__31.19_90 . ATTACHMEN'i 3 15. Tract phasing plans if any, including phasing axp3blC improvements, shall be submitted for review and t-approval by the Public Works Department and the Planning and Development Department prior to recordation of Final Map. , 16. Prior to median cut in Madison Street, Applicant shall provide for revised landscaping adjacent to cut. Landscaping plans showing revised planting minimizing lawn, and spray heads shall be approved by Design Review Board. - Revised planting to be done at time median cut is made. STREETS: 17. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer. 18. The Applicant shall vacate vehicle access rights, except at the street intersection of Madison Street. 19, A common area lot shall be established for that area between the Tract perimeter wall and street right-of-way for Madison Street,. if not already done. 20. That the Applicant shall construct street improvements for all interior private streets to the requirements of the City Engineer and the La Quinta Municipal Code )LQMC). 21. That the Applicant shall have prepared street improvement plans (for public and private streets) that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings, and raised median islands (if required by the City General Plan) shall conform to City Standards as determined by ,the City Engineer and adopted by the LQMC, (3-inch AC over 4-inch Class 2 Base minimum of residential streets). street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. 22. Diameter of cul-de-sac streets shall be 90-feet measured from curb face to curb face. 23. All new streets in the Tract, including cul-de-sacs, shall have a curb face to curb face width that equals or exceeds 36-feet. 24. A south bound deceleration/stacking lane shall be provided on the west side of Madison Street just north of the new access gate. The lane length and configuration, including sidewalk remodeling, shall be designed and constructed per the City Engineer's requirements. 25. An opening in the median island on Madison Street for new access gate may be installed, provided left -turn lanes with adequate stacking - length approved by the City Engineer are installed for the north and south bound traffic. Conditions of Approval -TT 25500, Amendment #1 July 31, 1990 26. If a median island opening is installed per Condition #24, a traffic signal shall be installed when traffic conditions warrant installation. The Applicant shall participate in 100% of the cost of the traffic signal. Traffic counts shall be conducted in accordance with the Conditions of Approval for Specific Plan No. 83-002. 27. Gated entrance on Madison Street shall be designed with adequate sight distance, vehicular storage and turn around subject to the approval of the City Engineer. 28. Any required right-of-way at entrance (west side of Madison) shall be dedicated. Any right-of-way required along the east side of Madison shall be acquired by and at the expense of the Applicant. 29. If a median break is installed, replacement of landscaping and irrigation facilities shall be installed to the satisfaction of the City Engineer. 30. Street name signs shall be furnished and installed by the Developer in accordance with City,standards. 31. The Applicant shall pay the required processing, plan checking and inspection fees as are current at the time the work is being accomplished by City personnel or —' subcontractors for the Planning, Building, or Engineering Divisions. GRADING AND DRAINAGE- 32. The Applicant shall have a grading plan that is prepared by a registered civil engineer, who will be required to certify that the constructed conditions at the rough grade stage are as per the approved plans and grading permit. This is required prior to issuance of building permits. Certification at the final grade stage and verification of pad elevations is also required prior to final approval of grading construction. 33. A, thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The reports recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. Pursuant to Section 11568 of the Business and Professions Code, the soils report certification shall be indicated on the Final Subdivision Map. _ 34. Drainage disposal facilities shall be provided as required by the City Engineer. BJ/CONAPRVL.029. - 4 - 352 aegolutlon 98-134 conditions of Approval - R,rel Talrtativa Tract Map 28003 November 17, 1988 Page 6 19. If improvements are secured, the applicant shall provide approved estimates of improvement costs for checking and approval of the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 21. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits and final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: 0011 Madison Street and Main Gate - 50% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by Council). B. Madison Street - (Primary Arterial) - 25% of the cost to design and construct full right-of-way improvements, including median and median landscaping, from the south boundary of this Tentative Map and Avenue 58, excluding improvements west of the westerly curb (i.e., meandering sidewalk, perimeter landscaping, and perimeter walls). 353 City Council Resolution 98-78 Adopted. 7120/98 Pape 5 20. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates forutilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 21. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed, or secured, prior to approval of the first final map unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction phasing plan is approved by the City Engineer. 22. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: A. Madison Street and Airport Boulevard - 25% of the cost to design and construct traffic signal improvements. Madison Street and Gated Entry (Street V) - 50% of the cost to design and construct traffic signal improvements. C. Airport Boulevard - 50% of the cost to design and construct an eighteen foot 081 wide raised, landscaped median in that portion adjacent to this Tentative Map. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. COI XXTrNxas 8fti1ly)-25 Page 5 of 13 354 Resolution No. 88-168 RaWad Tentative Tram Map 28147- Final Oeownber 7, 1999 3C Underground utilities shall be installed prior to overlying hardscape. The, applicant shall provide -certified reports of trench..compaction for approvalof the City Engineer. STREET AND TRAFFIC IMPROVEMENTS . 35. The applicant shall install the following street improvements to conform with the . Genial :Plan street type noted in parentheses: •: (Public street improvements shall conform with the City's General Plan in effect at.the.time of Construction.) A. OFF -SITE STREETS 1 } Madison Street (Primary Arterial) - Construct the east half of an 86- foot street improvement including the full 18-foot landscape median and, if the west side has not been improved, a 16-foot southbound lane. . 21....Avenue.58. (Primary. Arterial).- Construct the, north half of a 86-foot street. improvement including„ half. of, the:18-foot. Ianoscape median.. Traffic Signals.- 106% of the cost to design and install traffic signals at the secondary residential access drives on. Madison ,Street and Avenue 58, when warranted. B.. PRIVATE STREETS AND CULS PE: SAC 1) Residential:, 36-foot travel width. Width maybe reduced to 32 feet. With parking restricted to one side and 28 feet with on -street parking prohibited. if there is: adequate .off. -street -parking, for residents and visitors. and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. .36:. General access.: points. and. turning movements. of traffic -are limited ;to. the :following: A, Secondary Residential Access on Madison Street approximately 1,490 feet north of the. centerline of Avenue 58 full turning movements (with traffic sighall.. . 355 s:lcar c1.ett10CRB5mo29147kddBC7,99.wpd ., .: - - ;Page 7 of 12 City Council Resolution 98-133 Tentative Tract Map 28960 KSL Land Corporation November 17, 1998 impRjFmFNNT AGREEMENT 18, The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map, or parcel map, or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V cable improvements. However, tract improvements shall not be agendized for finai acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans; conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 21, If the applicant falls to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). participatory improvements for this development include: A. Madison Street and Airport Boulevard - 50% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by Council). ANCondTTU29960 CC.wpd(28) Page 4 of 10 16 356 G- City Council Resolution 98-133 Temative Tract Map 28960 KSL Land Corporation November 17, 1998 B. + Avenue 58 - (Primary Arterial) - 100% of the cost to design and construct the north three -quarter's (1/) of full right-of-way improvements along a length equal to the PGA West Specific Plan 83-002 frontage of existing Avenue 58, consisting of. half width street improvements (north of centerline) with a six foot (6') wide meandering sidewalk and perimeter landscaping; an eighteen foot (18') wide, raised, landscaped median; and a sixteen foot (16') wide eastbound lane adjacent to the south side of the median: The improvements constructed shall conform to the new Jefferson Street alignment plan. C. Avenue 58 100% of the cost to design and construct perimeter wall improvements along that portion adjacent to the PGA West Speck Plan 83-002 boundary. D. ++ Interiachen Extension -100% of the cost to design and construct full right-of-way improvements for a future connection to the Jefferson Street realignment, or an alternative connection as approved by the City Council E. ++ Madison Street and Avenue 58 - 25% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by the City Council). The applicants obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control, plan prepared in accordance with Chapter " " 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit, 25. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 26. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statementshall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. AACondT7M28960CC.wpd(28) "'- Page 5 of 10 35 1 KSL Land I, LLC Via Facsimile (7601777--7155 and Certified Mail October 7, 2010 Tim Jonasson Director, Public Works Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: PGA West / Release of Improvement Obligations Dear Mr. Jonasson: ATTACHMENT 4 RwENED OCT 12 201a PUBLIC WORKS MCENM itra 12 2010 Development Services We appreciate the time your staff has taken over the last several months in working with us on the remaining improvement obligations associated with the PGA West development. As a follow up to our meeting of September 15, 2010, please consider this a formal request for relief, along with the supplemental materials requested. As you may know, KSL land Corporation was the second master "Developer- of FGA West following our predecessor, landmark Land Corporation. Over the last several decades, we have completed many millions of dollars of public improvements within and around the PGA West area. The purpose of this request is rather straightforward - with the exception of the Eden Rock Project, PGA West has effectively reached its full build out. That `full build out;' however, represents less than half. of the originally envisioned density when the project was burdened with the many public improvement obligations. And while full build out represents less than half of the originally approved density, to date more than 90% of the total improvement obligations have been completed. We believe that those few remaining obligations are no longer warranted given the much more limited scope of the PGA West project, ap compared to its original approvals. And, for that reason, we submit this request for an acknowledgement that the few remaining improvement obligations be released. Project Background The PGA West project represents one of the original developments in the City of La Quinta, having been approved shortly after the City's incorporation on May 1, 1982, 2100 Costa Del Mar Road, Carlsbad, CA 92o09 Office: 760, 439-9111 Ext 4423 358 and continues to be a world renowned destination in both the City and the desert community. Originally named "Oak Tree West," the City first approved the project Specific Plan in 1984 for this 1,665 acre project which was to consist of a resort village, a commercial center, four 18-hole golf courses, a 400 unit hotel and 5,000 single and multi -family residences along with 250 apartment/condo cottages, with related amenities and facilities. The specific plan has since undergone several amendments which first expanded upon, and later reduced, the intensity and scale of the project originally envisioned nearly 30 years ago. The below chart summarizes the peak approvals, the maximum build -out potential, and the difference between the two. Peak Approvals - Maximum Build Difference" Out Golf. Four 18-hole Four 18-hole — I Iote1 1,000 units 0 units 1,000 units Residences 5,000 units 2,939 units 1,061 units A artntent Condo 250 units 0 units 250 units TOTAL 6,250 2,939 (3,311 units) 53% REDUCTION As you can see, at today's build out (i.e., maximum build out), the project has been reduced by more than 53% of the total units once approved, meaning the remaining units bear the entirety of the infrastructure obligations. Stated simply, this would have the effect of doubling the per unit infrastructure burden. Attached as Attachment 1 is a chart which illustrates the allocation of the infrastructure obligations amongst the components of the PGA West units. II Summary of Secured Obligations To date, the PGA West project has brought over $30 Million Dollars of public improvements to the City of La Quinta - we have built streets, installed traffic signals, installed wells (for irrigation water), constructed many miles of perimeter fencing, contributed significant dollars to the regional reservoir built in 2000, equipped a fully staffed fire station, and developed or enhanced pedestrian and equestrian trails throughout. The map attached as Attachment 2 helps to illustrate just some of the various improvements which the PGA West development has made possible for the community. Despite the more than $30 Million Dollars of improvements which have already been completed, there remain all. but four secured obligations pertaining to traffic 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760438-9111 Ext. 4423 359 signalization along Madison Street and Avenue 54, and one small warranty bond. However, the traffic counts do not warrant signalization. This is in large part because the development of both PGA West (and surrounding areas) have been achieved in a less intensive manner than was originally envisioned. III Traffic Analysis One of the most significant reasons for the reduction in both the number of units within PGA West, and the a reduction in the intensity of use (i.e., fewer trip generations per day) pertains to the elimination of the once approved 1,000 unit hotel in the resort core. As you know, that area has now been designated for residential development. However, it was the hotel development that was the source of the City's concern over traffic and the reason for imposing the periodic traffic study or "warrant" analysis. The PGA West Specific Plan, along with the supporting City resolutions, specifically tied the traffic studies (and therefore the need for signalization for which we have outstanding bonded obligations) to the anticipated future development of the PGA West hotel? The Specific Plan states that traffic studies are no longer needed once "impacts have been mitigated." In this case, where the impacts were tied to the hotel, now that the hotel is no longer a part of the project, then the impacts have been completed mitigated (i e., there is no impact). Our initial instincts were proven correct when we commissioned a traffic study to examine the traffic counts in and about the PGA West community. The chart attached as Attachment 3 summarizes those findings. As you will see, the number of in -bound and out -bound traffic along the major arterials surrounding the development are far below the thresholds established for requiring additional signalization. This is in large part due to: • Elimination of the Resort Hotel • Elimination of commercial, retail and conference room spaces • Elimination of more than half of the residential units • Elimination of 20 acre "Community Commercial Center" previously approved for corner of 54w and PGA Blvd. (replaced with less -intensive residential uses), • Units primarily geared toward "senior' users (fewer large families) And because PGA West has already achieved full build -out (and with the elimination of the hotel), we can safely conclude that the impacts from PGA West will never require r See, for example, Condition 23 of City Council Resolution 88-111 and Section 2.3 of Amendment III of the PGA West Specific Plan. 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760-438-9111 Ext. 4423 ., N 360 additional signalization. In short, the traffic counts justify the elimination and release of these obligations given the less intense use of the development. We note that staff have inquired whether the traffic study commissioned complies with applicable City policy and other standards, which it does. The study relies upon newly collected traffic count data by Counts Unlimited, Inc. (Fall 2009), relevant City Engineering Bulletins (including Engineering Bulletin #06-13), standards set forth in the ITE Trip Generation manual and the Federal Highways Administration Manual on Uniform Traffic Control Devices for Streets and Highways, to name a few. The traffic study did not undergo the pre-scoping concepts set forth in Engineering Bulletin #06-13 (revised August 17, 2010) primarily for two reasons: (a) it was revised just last month (Le., after the traffic study and after our request to the City) and (b) the conditions set forth therein, including compliance with CEQA conditions, are more appropriate for new project development, and not, as in this case, an update to determine existing conditions along a corridor adjoining a completed project. IV Proposal While there may come a day when the traffic impacts on Madison and/or Jefferson may once again require signahzation, we know that those impacts would not be a result of PGA West, but rather possible future development projects to the South or the East, which should bear the burden of their impacts at the time. As such, we would respectfully request the release of KSL Land Corporation from its remaining improvement obligations associated with Tract Map Nos. 25500-4, 28603-1, 28603-2, 28838-1, 28960, 29147-1, and the corresponding subdivision improvement obligations and bonding obligations associated with those maps. We propose, in full satisfaction of the above obligations, that KSL Land Corporation would deposit with the City funds for the completion of the following traffic and infrastructure improvements: 1. "Worm median' along Madison at the Mery Griffen / PGA West entry point 2. "Worm median" along Madison at the Weiskopf-Troon exits from PGA West 3. Triangular median improvements (right -turn in, right -turn out) along 5801 Ave. at the Black Diamond Gate 4. Striping and reflective road -dots on the unimproved median on 581h Ave. 5. One-half of the total "worm' improvement costs for the Puerta Azul / PGA West entrance . 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760-439-9111 Ext. 4423 We enclosed, as Attachment 5, a copy of a cost estimate prepared by Llyod W. Watson Engineering in the amount of $100,872 for the completion of item nos.1 and 2 (Madison St. improvements), and $27,427 for item nos. 3 and 4 (Ave. 58 improvements). Finally, we note that we are simultaneously seeking confirmation that we have satisfied our obligations in connection with certain limited remaining obligations before the Cochella Valley Water District, including the offsite sanitary sewer improvements associated with Map 29147. Per your earlier request, we will provide you "sign off" directly from CV WD upon receipt. V Request for Relief To reiterate, the basis for our request is as follows: • We have completed many millions of dollars of public improvements within and around the PGA West area. • With the exception of the Eden Rock Project, PGA West has effectively reached its full build out. • "Full build out" represents less than half of the originally envisioned density when the project was burdened with the many public improvement obligations. • While full build out represents less than half of the originally approved density, to date more than 90% of the total improvement obligations have been completed. • Traffic counts justify the elimination and release of these obligations given the less intense use of the development. • The Specific Plan states that traffic studies are no longer needed once "impacts have been mitigated," and those impacts were mitigated by the elimination of the Hotel The improvements we have been working with staff to develop, and hereby propose in satisfaction of the outstanding obligations, will both provide the City with additional public improvements along this corridor in a way which does not "over burden" or "over signalize" Madison and 58, while at the same time allowing the residents and guests of the PGA West development continued ease of access in and out of the development We respectfully request that we be placed on the next available City Council agenda as a regular agenda item for consideration of our request that the six specified PGA West 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760-438-9111 Ext. 4423 J improvement obligations be satisfied by completion of the various median break and other traffic and infrastructure improvements described above and depicted in greater detail on Attachment 4 hereto. We ask for staffs support of our request and recommendation for approval of that request. We thank you in advance for your consideration. Sind Chevis Hosea V.P. Development cc: Tom Genovese Ed Wimmer Sam Barton Bryan Wright Attachment 1- Planned Units vs. Units Taxed with Infrastructure Attachment 2 - Map Depicting Completed Infrastructure Attachment 3 - Peak Hour Traffic Volume Analysis Attachment 4 - Proposed Traffic Improvements Attachment 5 - Cost Estimate for Proposed Traffic Improvements 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760-438-9111 Ext.A423 363 q _ _ W N N m y M ZR2 C w V d y W 9 N Q d D cm M CP N ate. ci a� L o _ � o d CD W . I ,o 364 c H H c c� c� E4 � V9 vj 'oE E 0 i YC �q Ecy V g Q u q o `u VSo 3�— moao a'u''z i3 u Legend 1518 AM/PM Peak Hour Turning Volume Source: Counts Unlimited, Inc. EXISTING PEAK HOUR TRAFFIC VOLUMES (2009 / 2010 HIGH SEASON) M.«,h 2010 -. q 366 +,]$iE46tP r 1 �r MADISON ST. MEDIAN MODIFICATION I. MEDIAN RECONSTRUCTION (EACH LOCATION) ITEM QUANTITY UNIT COST 1) 4" AC/6.5" CAB 2,200 SF $ 4.00/SF 2) 6" Curb Only per Std. 210 280 LF 20.00/LF 3) Stamped Concrete per Std 720 480 SF 8.00/SF 4) Remove Curb 75 LF 10.00/LF 5) Remove A.C. 2,550 SF 1.50/SF 6) Remove Exist Median Hardscape 210 SF 1.50/SF 7) Pavement Feather to Exist 280 LF 5.00/LF 8) Revise Signing & Striping 1 EA LS II. ENGINEERING DESIGN M. CONSTRUCTION SURVEY 20% Contingency Subtotal TOTAL AVENUE 58 ENTRANCE MODIFICATION (Right in, Right out) I. ENTRY RECONSTRUCTION EXTENSION $ 8,800.00 5,600.00 3,840.00 750.00 3,825.00 315.00 1,400.00 $ 7,500.00 $ 32,030.00 6,406.00 $ 38,436.00 $ 7,000.00 s 5,000.00 $ 50,436.00 $ 100,872.00 ITEM QUANTITY UNIT COST EXTENSION 1) Remove A.C. 600 SF $ 1.50/SF $ 900.00 2) Sawcut Exist Pavement 98 LF 2.00/LF 196.00 3) 6" Curb Only per Std 210 98 LF 20.00/LF 1,960.00 4) Stamped Concrete 600 SF 8.00/SF 4,800.00 5) Revise Median Striping & Signing 1 EA LS S 5,600.00 $ 12,856.00 20°/n Contingency 2,571.00 $ 15,427.00 II. ENGINEERING DESIGN $ 7,000.00 III. CONSTRUCTION SURVEY $ 5,000.00 TOTAL $ 27,427.00 +� 368 m _rR �.��14bMax.m. mo u . raw.si..nrmsu....aiw eu�vw."ow ri¢i��wm�wei`lPw nn pwaw R .[ .an RJre.A= woam.N �'e'mr4S w°'°pwS�LS.° .rs¢Aaa.aar....vm ate; .: Am1°.w4ID..• :«�.. o�`m, uw.wms � �Reo�r w.m ��.s,mOIYYYSiiwyyn ��.i PIOCniY.p.lni N THE CITY OF LA CONTA, COLWTY OF aNERSM STATE OF CALFORM . OFF SITE MEDIAN WROM ENT PLAN mma A10.,2f.1If N�l� TRACT NO. 30096, PUERTA AZUL - w_ �v=u�uo.mnwv PWMX p ME 51/2 d ME HEIA Q ME 5E 1/. d' EEC Z. 1. P 5, R. ) E. 16& AM. llvi7s�i "�1`svv~i.w�im si1`.K ® wwmM.W 7RwZ'�d'�fw r`m".iw' 4rSs`Spm.w¢¢m'!i'w e..waw iwmsli a.we.... PA@ SAMTA PR �l�,ws r.ao LA �.wOuippWpp 6��4,, r¢.uVanlw T.Oki1 iY ♦Alt! i T. w.. ms...11..[. m¢�lH .�ii.wN MYNMaAI�i. WM[ aAipnirea+ise BAaB OF EFIUDIi6 1R ND. 24086E ,..rX WEAM A.I. 1 \ w uiA�uEE.m e2ia2 `•� all MI..CwC qYR � ®r� ai- v2avr a . rroL p nri� fEOnYl,.pu.Owmvm qi MgIMR` W �m n .� ��ia:.:�.w�l• EliYTMwT. IP[J. .g .. M..a . •n a�M s.e."Iw. rliwm w R:.�e.____.w�,m IA.:PL'Y,�ilwll:: —ww,i ,np.w we:iS.'�'.e."0 rr.m: ir'�.: Nli Yl6 n. �-A.Itm p0Q[I6 MI S{l.R %FLSM ®Ifl[illlR.[OfA W Co c f m C a��MM 2AE6 - WMAM .nnllw w, ax,mr xm xe.¢o....a Mei.mw..ww.PP AIs u. ...ln. 9 eali a ..iw. .apull00le ui Alai® R �a-a..wia wsm.r�or i uia�lml.. e .IMRKp. a mOrwmla4i.w ATTACHMENT 5 jm4molac rA Ln i W ell G K c� Ln A... -.• ^ y M M Q : U �.} U U I U 0 k Camc N N -JO M M 00 �0 Z' a,a C`00 a i - .'. C) :A J co V: j v J � °" U� U U U u U U' � Icli .to O 371 ATTACHMENT 2 Excerpted Pages from Conditions of Al _proval [Attached] 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office: 760-438-9111 Ext.4423 372 PLANNING COMMISSION RESOLUTION 90- Q�i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT NO. 25500, AMENDMENT #1, TO ALLOW A SINGLE FAMILY SUBDIVISION ON A 46.4 ACRE SITE. CASE NO. TT 25500, AMENDMENT 01 - SUNRISE DESERT PARTNERS WHEREAS, the Planning Commission of the City of La Quints, California, did on the 26th day of. June, 1990, hold a duly -noticed Public Hearing to consider the request of Sunrise Desert Partners to amend the number of residential lots from 18 to 20 and the number of dwelling units from 295 to 346 in the R-2 Zone, located in the area west of Winged Foot, north and east of Southern Hills within PGA West, more particularly described as: A SUBDIVISION OF LOTS 12, 13, 14, 15, 16, & 18 OF TRACT NO.21643 WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution NO. 82-213, adopted by reference in City of La Quinta Ordinance No. 5), in that the Planning Director has determined that part of the proposed Tentative Tract is a part of and is consistent with the PGA West Specific Plan, for which an Environmental Impact Report was certified on May 1, 1984. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify the recommendation for approval of said Tentative Tract Map: 1. That Tentative Tract No. 25500, Amendment #1 as conditionally approved, is consistent with the PGA west Specific Plan, the goals, policies, and intent of the La Quinta General Plan, and the standards of the Municipal Land Division Ordinance in that the Tract complies with the land use designation for low density residential development. 2. That the subject site is physically suitable for the proposed land division. 3. That the design of Tentative Tract Map No. 25500, Amendment #1 will not cause substantial environmental damage or injury to fish or wildlife, or their habitat. RESOPC.052JBJ - 1 - 16 373 Conditions of Approval -TT 25500, Amendment M1 June e6, 1990 15. Tract phasing plans if any, including phasing of public improvements, shall be submitted for review and approval by the Public Works Department and the Planning and Development Department prior to recordation of Final Map. 16. Prior to median cut in Madison Street, Applicant shall provide for revised landscaping adjacent to cut. Landscaping plans showing revised planting minimizing lawn and spray heads shall be approved by Design Review Board. Revised planting to be done at time median cut is made. STREETS: 17. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer. 18. The Applicant shall vacate vehicle access rights, except at the street intersection of Madison Street. 19. A common area lot shall be established for that area between the Tract perimeter wall and street right-of-way for Madison Street, if not already done. 20. That the Applicant shall construct street improvements for all interior private streets to the requirements of the City Engineer and the La Quints. Municipal Code )LQMC). 21. That the Applicant shall have prepared street improvement plans (for public and private streets) that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings, and raised median islands (if required by the City General Plan) shall conform to City Standards as determined by the city Engineer and adopted by the LQMC, (3-inch AC over 4-inch Class 2 Base minimum of residential streets). Street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. . 22. Diameter of cul-de-sac streets shall be go -feet measured from curb face to curb face. 23. All new streets in. the Tract, including cul-de-sacs, shall have a curb face to curb face width that equals or exceeds 36-feet. 24. A south bound deceleration/stacking lane shall be provided on the west side of Madison Street just north of the new access gate. The lane length and configuration, including sidewalk remodeling, shall be designed and constructed per the City Engineer's requirements. 25. An opening in the median island on Madison Street for new access .gate may be installed, provided left -turn lanes with adequate stacking length approved by the City Engineer are installed for the north and south bound traffic. 374 n T /,v.R.rnvl" "a - I - Conditions of Approval-TT.25500, Amendment #1 June e6, 1990 26. If a median island opening is installed per Condition #24, a traffic signal shall be installed when traffic conditions warrant installation. The Applicant shall participate in 100% of the cost of the traffic signal. Traffic counts shall be conducted in accordance with the Conditions of Approval for Specific Plan No. 83-002. 27. Gated entrance on Madison. Street shall be designed with adequate sight distance, vehicular storage and turn around subject to the approval of the City Engineer. 28.. Any required right-of-way at entrance (west side of Madison) shall be dedicated. Any right-of-way required along the east side of Madison shall be acquired by and at the expense of the Applicant. 29. If a median break is installed, replacement of landscaping and irrigation facilities shall he installed to the satisfaction of the City Engineer. 30. Street name signs shall be furnished and installed by the Developer in accordance with City standards. 31. The Applicant shall pay the required processing, plan checking and inspection fees as are current at the time the work is being accomplished by City personnel or subcontractors for the Planning, Building, or Engineering Divisions. GRADING AND DRAINAGEz 32. The Applicant shall have a grading plan that is prepared by a registered civil engineer, who will be required to certify that the constructed conditions at the rough grade stage are as per the approved plans and grading permit. This is required prior to issuance of building permits. Certification at the final grade stage and verification of pad elevations is also required prior to final approval of grading construction. 33. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The reports recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. Pursuant to section 11568 of the Business and Professions code, the soils report certification shall be indicated on the Final Subdivision Map. 34. Drainage disposal facilities shall be provided as required by the city Engineer. Bd/coNAPRVL.029 - 4 - 3l5 PLANNING COMMISSION RESOLUTION 98-068 _-`. 3. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A 60 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 22.67 ACRES LOCATED EAST OF RIVIERA, NORTH OF FUTURE HERMITAGE EXTENDED AND WEST OF MADISON STREET CASE NO.: TENTATIVE TRACT MAP 28603 APPLICANT: KSL LAND CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13'h day of October, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 60 single family residential and other common lot subdivision on 22.67 acres, generally located at the northeast corner of Riviera and Hermitage, more particularly described as: . Parcels 1 and 3 of Parcel Map 28805, as filed in Book 192, Pages 26 and 27 of Parcel Maps, in the Office of the County, Recorder of Riverside County WHEREAS, the City Council, by approval of Specific Plan 90-017, established a master planned community of 880 residential units on 220 acres oriented around golf course fairways to the south of PGA West. Overall, the adopted Plan offers guidelines promoting balanced growth consistent with the City's General Plan, and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval for said Tentative Tract Map 28603: Eindina Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential (LDR) not to exceed a maximum density of four dwelling units per acre, The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element, Finding Number 2 - Consistency with Specific Plan 90-017 and City Zoning Ordinance: A. The proposed single family lots exceed the specific plan minimum size requirement of 6,500 square feet, Specific Plan 90-017 allows 880 houses oriented around common open space and golf course fairways. The proposed 60 residential lots will neither impact the overall growth and development of PGA West nor conflict with the requirements of SP 90-017, The proposed single family lots are also consistent with the City's Zoning Code in that development standards and criteria contained RESOPCrN 2360 Vpdae - 27 376 planning Commission Restitution 98-068 Conddions of Approval - Adoptod Tonwive Tract Map 28603 KSL Land Corporation October 13, 1998 20. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e,g., perimeter walls &landscaping, gates) shah be constructed or secured prior to th approval of the first phase unless otherwrise approved bythe Gity Engineer. Improvements and. obligations required of each phase sha{1 be completed and satisfied prior to subsequent phasemess a construction phasring plans approved byl the City Engineerd 21. N the applicantfails to construd improvements or satisfy obligations in a timely manner or as speed in an approved phasing plan, the City shall have the right to haft issuance of building permits and final building inspections or oiherwisa withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements), Participatory improvements for this development include: k Madison Street and Main Gate - 50% of the cost to design and construct traffic control improvements (traffic signal or round -about, as approved by Council). B. Madison Street - (Primary Arterial) - 25% of the cost to design and construct full right- of-way improvements, including median and median landscaping, from the south boundary of this Tentative Map and Avenue 58, excluding improvements west of the westerly curb (i.e., meandering sidewalk, perimeter landscaping, and perimeter wails). The applicant's obligations for all or a portion of the participatory improvements may, at the City`s option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADI 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. or erosion scand ion contrl berol measures approved by the Cd with interim ommunity yDevelopment vided with and Public wind c Works Departments, 24. prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prapared in accordance with Chapter 6.16, LQMC, The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. Page of I P.ICAROLIt`NVan rrrM2gb02.wp*T7) ,,.10 377 EFF-14 MtLL�41-= 378 f� 379 CITY COUNCIL RESOLUTION NO. 89-1:IL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS AND GRANTING APPROVAL OF TENTATIVE TRACT MAP 25500 TO ALLOW A SINGLE FAMILY SUBDIVISION ON A 41.8 ACRE SITE. CASE NO. TT 25500 - SUNRISE DESERT PARTNERS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12th day of December, 1989, hold a duly -noticed Public Hearing to consider the request of Sunrise Desert Partners to subdivide 41.8 acres into 18 residential lots and other miscellaneous lots .to allow construction of 295 residential units in the R-2 Zone, located in the area west of Winged Foot, north and east of Southern Hills within PGA West, more particularly described as: A SUBDIVISION OF LOTS 13, 14, 15 16, & 18 OF TRACT NO. 21843. WHEREAS, the City Council of the City of La Quinta, California, didon the 19th day of December, 1989, hold a duly -noticed Public Hearing to consider the Applicant's request and recommendation of the Planning commission concerning the Environmental Analysis and Tentative Tract Map 25500; and, WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution NO. 82-213, adopted by reference in City of La Quinta ordinance No. 5), in that the Planning Director has determined that part of the proposed Tentative Tract is a part of and is consistent with the PGA West Specific Plan, for which an Environmental Impact Report was certified on May 1, 1984. WHEREAS, mitigation of various physical impacts have been identified and will be incorporated into the approval conditions for Tentative Tract 25500 in conjunction with this tentative tract, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify the approval of said tentative tract map: N 381 BJJRESOCC.027 - 1 - 15. Tract phasing plans if any, including phasing of public improvements, shall be submitted for review and approval by the Public Works Department and the Planning and Development Department prior to recordation of Final Map. STREETS: 16. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer. 17. The Applicant shall vacate vehicle access rights, except at the street intersection of Madison Street. 18. A common area lot shall be established for that area between the Tract perimeter wall and street right-of-way for Madison Street, if not already done. 19. That the Applicant shall construct street improvements for all interior private streets to the requirements of the City Engineer and the La Quinta Municipal Code )LQMC). 20. That the Applicant shall have prepared street improvement plans (for public and private streets) that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings, and raised median islands (if required by the City General Plan) shall conform to City Standards as determined by the City Engineer and adopted by the LQMC, (3-inch AC over 4-inch Class 2 Base minimum of residential streets). Street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. 21. Diameter of cul-de-sac streets shall be 90-feet measured from curb face to curb face. 22. All new streets in the Tract, including cul-de-sacs, shall have a curb face to curb face width, that equals or exceeds 36-feet. 23. A south bound deceleration/stacking lane shall be provided on the west side of Madison Street just north of the new access gate. The lane length and configuration, including sidewalk remodeling, shall be designed and constructed per the City Engineer's requirements. 24. An opening in the median island on Madison Street for new access gate may be installed, provided left -turn lanes with adequate stacking length approved by the City Engineer are installed for the north and south bound traffic. 382 8J/CONAPRVL.029 - 3 - 069 25. If a median island opening is installed per Condition #24, a traffic signal shall be installed when traffic conditions warrant installation. The Applicant shall participate in 100% of the cost of the traffic signal. Traffic .counts shall be conducted in accordance with the Conditions of Approval for Specific Plan No. 83-002. 26. Gated entrance on Madison Street shall be designed with adequate sight distance, vehicular storage and turn around subject to the approval of the City Engineer. 27. Any required right-of-way at entrance (west side of Madison) shall be dedicated. Any right-of-way required along the east side of Madison shall be acquired by and at the expense of the Applicant: 28. If a median break is installed, replacement of landscaping and irrigation facilities shall be installed to the satisfaction of the City Engineer. 29. Street name signs shall be furnished and installed by the Developer in accordance with City standards. 30. The Applicant shall pay the required processing, plan checking and inspection fees as are current at the time the work is being accomplished by City personnel or subcontractors for the Planning, Building, or Engineering Divisions. GRADING AND DRAINAGE; 31. The Applicant shall have a grading plan that is prepared by a registered civil engineer, who will be required to certify that the constructed conditions at the rough grade stage are as per the,approved plans and grading permit. This is required prior to issuance of building permits. Certification at the final grade stage and verification of pad elevations is also required prior to final approval of grading construction.. 32. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The reports recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. Pursuant to Section 11568 of the Business and Professions Code, the soils report certification shall be indicated on the Final Subdivision Map. 33. Drainage disposal facilities shall be provided as required by the City Engineer. BJ/CONAPRVL.029 - 4 - » _ 383 CITY COUNCIL RESOLUTION NO. 90-62 FILE COPY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS AND GRANTING APPROVAL OF TENTATIVE TRACT MAP 25500, AMENDMENT #1 TO ALLOW A SINGLE FAMILY SUBDIVISION ON A 46.4 ACRE SITE. CASE NO. TT 25500, AMENDMENT #1 SUNRISE DESERT PARTNERS WHEREAS, the, Planning Commission of the City of La Quinta, California, did on the 26th day of June, 1990, hold a duly -noticed Public Hearing to consider the request of sunrise Desert Partners to subdivide 46.4 acres into 20 residential lots and other miscellaneous lots to allow construction of 346 residential units in the R-2 Zone, located in the area west of Winged Foot, north and east of Southern Hills within PGA West, more particularly described as: A SUBDIVISION OF LOTS 12, 13, 14, 15 16, & 18 OF TRACT NO. 21643. WHEREAS, the City Council of the City of La Quinta, California, did on the 31st day of July, 1990, hold a duly -noticed Public Hearing to consider the Applicant's request and recommendation of the Planning Commission concerning the Environmental Analysis and Tentative Tract Map 25500, Amendment #1; and, WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 19701, (County of Riverside, Resolution NO. 82-213, adopted by reference in City of La Quinta Ordinance No. 5), in that the Planning Director has determined that part of the proposed Tentative Tract is a part of and is consistent with the PGA West Specific Plan, for which an Environmental Impact Report was certified on May 1, 1984. WHEREAS, mitigation of various physical impacts have been identified and will be incorporated into the approval conditions for Tentative Tract 25500, Amendment #1 in conjunction with this tentative tract, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, considering all testimony and arguments, interested persons desiring to be heard, said find the following facts to justify the tentative tract map: BJIRESOCC.027 - 1 - upon hearing and if any, of all City Council did approval of said ME Conditions of AnprovaTT 25500, Amendment #1 ly 31, 1990 15. Tract phasing plans if any, including phasing of public improvements, shall be submitted for review and approval by the Public works Department and the Planning and Development Department prior to recordation of Final Map. 16. Prior to median cut in Madison Street, Applicant shall provide for revised landscaping adjacent to cut. Landscaping plans showing revised planting minimizing lawn and spray heads shall he approved by Design Review Board. Revised planting to be done at time median cut is made. STREETS: 17. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer. 18. The Applicant shall vacate vehicle access rights, except at the street intersection of Madison Street. 19. A common area lot shall be established for that area between the Tract perimeter wall and street right-of-way for Madison Street, if not already done. 20. That the Applicant shall construct street improvements for all interior private streets to the requirements of the City Engineer and the La Quinta Municipal Code )LQMC). 21. That the Applicant shall have prepared street improvement plans (for public and private streets) that are prepared by a registered civil engineer. Street improvements, including traffic signs and markings, and raised median islands (if required by the City General Plan) shall conform to City Standards as determined by the City Engineer and adopted by the LQMC, (3-inch AC over 4-inch Cla ss 2 Base minimum of residential streets). Street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. 22. Diameter of cul-de-sac streets shall be 90-feet measured from curb face to curb face. 23. All new streets in the Tract, including cul-de-sacs, shall have a curb face to curb face width that equals or exceeds 36-feet. 24. A south bound deceleration/stacking lane shall be provided on the west side of Madison Street just north of the new access gate. The lane length and configuration, including sidewalk remodeling, shall be designed and constructed per the City Engineer's requirements. 25. An opening in access gate m with adequate Engineer are traffic. BJICdNAPRVT..09G the median island iy be installed, stacking length installed for the on Madison Street for new Provided left -turn lanes approved by the City north and south bound 385 n -- RESOLUTION NO. 98-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 200 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 133.42 ACRES LOCATED AT THE SOUTHEAST CORNER OF MADISON STREET AND AIRPORT BOULEVARD CASE NO.: TENTATIVE TRACT MAP 28838 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quints, California, did on the 201" day of July, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 200 single family residential and other common lot subdivision on 133+ acres, generally east of Madison Street and south of Airport Boulevard; more particularly described as: Being a subdivision of Lots 20-32, 41 and 43 of Tract No. 21643 as filed in Book 203, Page 37-50, City of La Quints, County of Riverside, State of California (APN: 761-500- 001.010, 761-500-012 and 013, and 761-510-001-009) WHEREAS, the Planning Commission of the City of La Quints, California, did on the 23r' day of June, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 200 single family residential and other common lot subdivision on 133+ acres, generally east of Madison Street and south of Airport Boulevard, and recommended approval under Resolution 98-046; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Tentative Tract Map 28838: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses. The project is consistent with the goals, policies and intent of the La Quints General Plan Land Use Element (Chapter 2) because attached and detached residential units are permitted and equestrian facilities will be provided. The project, as conditioned, is consistent with the goals,. objectives, and policies of the General Plan Circulation Element. RESOCC TRH 28838-251CONDOC'MS838.25 386 City Counnil Resolution 99-78 Adopted: V20199 Page 5 20. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For iten>ts not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 21, If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed, or secured, prior to approval of the first final map unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction phasing plan is approved by the City Engineer. 22. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements), Participatory improvements for this development include: A. Madison Street and Airport Boulevard - 25% of the cost to design and construct traffic signal improvements. B. Madison Street and Gated Entry (Street "Ll - 50% of the cost to design and construct traffic signal improvements. C. Airport Boulevard - 50% of the cost to design and construct an eighteen foot 1181 wide raised, landscaped median in that portion adjacent to this Tentative Map. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. C+ONXCTTM28838(AOW-25 Page 5 of 13 387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, APPROVING A 75 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 24,33 ACRES LOCATED SOUTHEAST OF PGA BOULEVARD, WEST OF MADISON STREET AND 500-FEET NORTH OF FUTURE WEISKOPF WITHIN PGA WEST CASE NO.: TENTATIVE TRACT MAP 28960 APPLICANT: KSL LAND CORPORATION , WHEREAS, the City Council of the City of La Ouinta, California, did on the 17" day of November, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 75 single family residential and other common lot subdivision on 24.33 acres, generally located to the southeast of PGA Boulevard, west of Madison Street and 500-feet north of future Weiskopf within PGA West; more particularly described as: A subdivision of Lots 3-6 and 39 of Tract 21643, as filed in Book 203, Pages 36-50, City of La Quinta, Riverside County, California WHEREAS, the Planning Commission of the City of La Ouinta, California, did on the 13" day of October, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 75 single family residential and other common lot subdivision on 8.27 acres, generally to the southeast of PGA Boulevard, west of Madison Street and 500-feet north of future Weiskopf in PGA West, and recommended approval under Resolution 98-069; and WHEREAS, the City Council„ by approval of Speck Plan 83-002, established a master planned community of 5,000 residential units oriented around four golf courses in conjunction with commercial and hotel related land uses. Overall, the adopted Plan offers guidelines promoting a balanced and functional mix of lurid uses consistent with the City's General Plan; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Tentative Tract Map 28960: N 388 Rmlution WI33 Tentative Tract Map ZSW KSL Land Cmporation Novemba 17.1998' If the plans were not produced in AutoCad or a file format which can be converged to AutoCad, the City Engineer may accept raster -image files of the plans. 18. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map, or parcel map, or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 19. If improvements are secured, the applicant shall provide approved estimates of improvement corns. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. for items not listed in the City's schedule, estimates shall "met the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies _ shag be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. r .. R • . t. {.. . ♦ 21. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to haft issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicants required share of improvements which have been or will be constructed by others (participatory improvements). F_tCITYCLRWCOI NC11.1PLANN'INGtCw Rc 48.133.wp i(N) Par 4 or 11 389 Resolution 99-133 Tentative Tract Map 28960 KSL Land Coritommn November 17, 1998 - Participatory improvements for this development include: A. Madison Street and Airport Boulevard - 50% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by Council). 8, + Avenue 58 - (Primary Arterial) -100% of the cost to design and construct the north three -quarter's VIA) of full right-of-way improvements along a length equal to the PGA West Specific Plan 83-002 frontage of existing Avenue 58, consisting of: half width street improvements (north of centerline) with a six foot (6) wide meandering sidewalk and perimeter landscaping; an eighteen foot (18') wide, raised,landscaped median; and a sixteen foot (16') wide eastbound lane adjacent to the south side of the median. The improvements constructed shall conform to the new Jefferson Street alignment plan. C. Avenue 58 - 100% of the cost to design and construct perimeter wall improvements along that portion adjacent to the PGA West Specific Plan 83-002 boundary. D. ++ interlachen Extension -100% of the cost to design and construct full right-of-way improvements for a future connection to the Jefferson Street realignment, or an alternative connection as approved by the City Council. E. ++ Madison Street and Avenue 58 - 25% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by the City Council). The applicant's obligations for all or a portion of the participatory improvernents may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shalt be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24, Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 25. The applicant shall furnish a preliminary geotec finical ("soils") report with the grading plan. E:IOTYCLRKICOUNCtLTIi ANNINCtCoa Res 99-133.u7 IA1 page, 5 of I I 390 t1i� l/rt(. l� RESOLUTION A RESOLUTION OF THE C11 LA QUINTA, CALIFORNIA, FAMILY AND OTHER COM 22.67 ACRES LOCATED A - OF RIVIERA AND HERMITA, CASE NO.: TENTA" APPLICANT: KSL WHEREAS, the City Council the 17'h day of November, 1998, hold F Corporation for a 60 single family reside 22.67 acres, generally located at the nortl particularly described as: Parcels 1 and 3 of Page 26 and 27, State of California WHEREAS, the Planning Cor did on the 13' day of October, 1998, hol Corporation for a 60 single family reside 133 + acres, generally located at the. nor recommended approval under Resolution WHEREAS, at said Public testimony and arguments, if any, of all City Council did make the following man Tract Map 28603: finding Number 1 - Consistency with A. The property is designated Element of the General Pla consistent with the goals, Plan Land Use Element I' residential units are permit The project, as conditioned policies of the General Plai 98-134 I COUNCIL OF THE CITY OF APPROVING A 60 SINGLE ION LOT SUBDIVISION ON THE NORTHWEST CORNER TRACT MAP 28603 D CORPORATION of the City of La Quinta, California, did on duly noticed Public Hearing for KSL Land rtial and other common lot subdivision on east comer of Riviera and Hermitage; more al Map 28803 as filed in Book 192, of La Quinta, County of Riverside, V: 761-09-045, -052 and -055) emission of the City of La Quinta, California, I a duly noticed Public Hearing for KSL Land ntial and other common lot subdivision on beast corner of Riviera and Hermitage, and 98-068; and 1g, upon hearing and considering all Ced persons wanting to be heard, said findings of approval for said Tentative 6= aw Density Residential ILDR). The Land Use allows residential land uses. The project is rolicies and intent of the La Quinta General hapter 2) because attached and detached ad and equestrian facilities will be provided. is consistent with the goals, objectives, and Circulation Element - It 391 Resolution 98-134 Conditions of Approval - Final Tentative Tract Map 28603 Nowrnber 17, 1998 Pago 6 19. If improvements are secured, the applicant shall provide approved estimates of improvement costs for checking and approval of the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction- of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 20. if improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g„ perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 21. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits and final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 22. The applicant shall pay cash or provide security for applicant's required share of improvements which have been, or will be, constructed by others (participatory improvements). Participatory improvements for this development include: A. Madison Street and Main Gate - 50% of the cost to design and construct traffic control improvements (traffic signal or roundabout, as approved by Council). B. Madison Street - (Primary Arterial) - 25% of the cost to design and construct full right-of-way improvements, including median and median landscaping, from the south boundary of this Tentative Map and Avenue 58, excluding improvements west of the westerly curb (i,e., meandering sidewalk, perimeter landscaping, and perimeter walls). 392 Resohmon SB-134 Con(ftons of Approval - Final Tentative Tract Map 28603 November 17, 1868 Page 6 The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 23. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping.or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to occupation of the, project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 25. The applicant shall furnish a preliminary geological (°soils") report with the grading plan. 26. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist, A statement shall appear on the final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 27. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous. lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shalt not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 28. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certification shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. 29, Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plans for PGA West. 393 RESOLUTION 99-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING 133 SINGLE FAMILY LOTS, A FUTURE DEVELOPMENT LOT, AND OTHER COMMON LOT SUBDIVISION ON 172.88 ACRES LOCATED AT THE NORTHEAST CORNER OF MADISON STREET AND AVENUE 58 CASE NO.: TENTATIVE TRACT MAP 29147 APPLICANT: KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quints, California, did on the 15`h day of June, 1999, hold a duly noticed Public Hearing for KSL Land Corporation for development of 133 single family residential lots, a future development lot and other common lot subdivision on 172.88 acres in Specific Plans 83-002 and 90-017, generally located at the northeast corner of Madison Street and Avenue 58, more particularly described as: Parcels 4 and 5 of Lot Una Adjustments 95-208 and 98-286; SW 1t4 of Section 22, T6S, R7E, SBBM (APN: 761-140-015, 761- - 170-036 thru -039); WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 251" day of May, 1999, hold a duly noticed Public Hearing for KSL Land Corporation for development of 133 single family residential lots, a future development lot and other common lot subdivision on 172.88 acres in Specific Plans 83-002 and 90-017 and recommended approval to the City Council by adoption of Resolution 99- 047; and WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The La Writa Community Development Department has determined that TTM 29147 is within Specific Plans 83-002 and 90-017 and is exempt from the CEQA of 1970, as amended, per Public Resources Code Section 65457(a). Environmental Impact Reports (State Clearinghouse Numbers 83062922 and 90020727) for the Specific Funs were certified by the City Council in 1984 and 1991, respectively. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report pursuant to Public Resources Code 21166; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings for approval of said Tentative Tract Map 29147: 394 flasot M 99-79 TTM.291471KSL Lwd Carp. .km* 78. 7994 pa 8 38. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) Onffel�� 11 Madison Street (Primary Arterial) - Construct the east half of a 76-foot street (between curb faces including an 18-foot raised landscape median) and six-foot meandering sidewalk. 2) Avenue 56 (Primary Arterials - Construct the north half of a 76-foot street (between curb faces including an 18-foot raised landscape median) and a six-foot meandering sidewalk. 3) Traffic Signals - 100% of the cost to design and install traffic signals at the secondary residential access drives on Madison Street and Avenue 58. If the applicant's side of the arterial streets is improved prior to the opposite side, the applicant's construction shall include a 16-foot lane on the opposite side of the median. B. PRIVATE STREETS AND CUTS DE SAG 1) Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. Entry drives, main interior circulation routes, turn knuckles, comer cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 39. General access points and turning movements of traffic are limited to the following: A. Secondary Residential Access on Madison Street approximately 1,490 feet north of the centerline of Avenue 58 - full turning movements (with traffic signal). 395 Resolution 99.79 TTM 291471KSL Land Gary. June 15, 1999 Pegs 10 46, The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 47. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. if on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 1 A+,ANDSCAPiNGSERIVILT R WAIF S 48. The applicant shall provide landscaping in required setbacks, retention basins and common lots. 49. landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit off -site landscaping plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 50. landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 51, Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 52. The landscape improvements for Madison Street shall be designed to comply with Policy 3-4.1.6 of the General Plan (i.e., Agrarian image Corridor). 396 ATTACHMENT 6 Ij l MAY 3 201110 KSL Land I, LLC I CIA MAN GER'SrDEPi Via Facsimile (760) 777-7101 and Certified Mail C'�• cry ✓ May 2, 2011 Ark, Qjnw*r--- Thomas P. Genovese �1�atiG� City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ' Re: PGA West / Release of Improvement Obligations Dear Tom: Thank you for taking the time to discuss the remaining improvement obligation matters. This shall confirm that we are in agreement with the approach outlined. To recap, we would respectfully request the release of KSL Land Corporation from its remaining improvement obligations associated with Tract Map Nos. 25500-4, 28603-1, 28603-2, 28838-1, 28960, 291474, and the corresponding subdivision improvement obligations and bonding obligations associated with those maps. We propose, in full satisfaction of the above obli63ions, that KSL Land Corporation would deposit with the City funds for the completion of the following traffic and infrastructure improvements: 1. "Worm median" along Madison at the Mery Griffen / PGA West entry point 2. "Worm median" along Madison at the Weiskopf-Troon exits from PGA West 3. Triangular median improvements (right -turn in, right -turn out) along 581 Ave. at the Black Diamond Gate 4. Striping and reflective road=dots on the unimproved median on 58th Ave. .5. One-half of the total "worm" improvement costs for the Puerta Azul / PGA West entrance MO Costa Del Mar Road, Carlsbad, CA 92009 Office:760-438-9111 Ext.4423 397 6. Cash payment of $465,082.73, representing the balance of the estimated payment toward the improvement obligations under Map 28960, Condition 22B and D1 7. ,Cash payment of $107,500, representing the estimated cost for the improvement obligations under Map 28960, Condition 22 E 8. Cash payment of $500,000 to City's "DIP" fund We would be prepared, in lieu of cash payment, to physically , construct the improvements described in items 1 through 4 above. Please be advised that this agreement must be approved by the proper authorities at KSL, which we will pursue immediately and will advise upon receipt. With the above, we are prepared to move forward with a public hearing on June 7, 2011. We appreciate your continued cooperation and if you have any questions, please do not hesitate to contact me. S�intcer��e//ly,,,,�� Chevis Hosea V.P. Development cc: Tim Jonasson Ed Wimmer Sam Barton Bryan Wright Doug Yavanian Jon Rodrigue Note, we have previously deposited the sum of $390,541.81 2100 Costa Del Mar Road, Carlsbad, CA 92009 Office,: 760-438-9111 Ext. 4423 398 3 2011 KSL LAND I, LLC 2100 Costa. Del Mar Road __.. _ CIT. MANAc_ ER s 0 PT Carlsbad, CA 92009 Tel: 760-438-9111 Fax: 760-929-6313 TRANSMITTAL SHEET To: Tom Genovese -City Manager City of La Quinta Cc: From: May 2, 2011 Date: November 10, 2010 Subject: Letter from Chevis Hosea - PGA WEST Via... Hand -Delivery Inter -Office . Facsimile 71 U. S. Mail �X Federal Express O Per Your Request O. O O O O O O p O O O Qty Name/Descdplion of Enclosures: 1 Letter from Chevis Hosea: PGA West Release of Improvement Obligations 5.2.11 ° ATTACHMENT 7 P.0-Box 1504 LA QUINTA, CALIFORNIA 92247.1504 78-495 CALU TAmrlco (760)777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 Via Facsimile (760) 929-6313 and Certified Mail May 17, 2011 Mr. Chevis Hosea Vice President, Development KSLiand I, LLC 2100 Costa Del Mar Road Carlsbad, CA 92009 Re: PGA West /Release of Improvement Obligations Dear Mr. Hosea: Thank you for your letter dated May 2, 2011, which is enclosed for your convenience. During a telephone conference:with my staff on May 11,.2011, Jon Rodrigue (KSL legal counsel) and Doug Yavanian (KSL) asked for a letter clarifying how the May 2, 2011 KSL proposal could be executed through the City .Council hearing process. if the proposal .receives, a positive vote from the City Council following the public hearing. This letter is written to help describe the steps that would be involved in such an action and the more technical aspects of how your May 2 proposal could be carried out. We understand that your goal is the release of KSL Land Corporation from its remaining improvement obligations associated with Tract Map Nos. 25500-4, 28603-11 28838-1, 28960, 29147.1, and the corresponding subdivision improvement obligations and bonding obligations associated with those maps. Given the proposal outlined in your letter of May 2, this goal could be accomplished in the following chronological order: 1) The City.would hold a, public hearing for City Council to consider changing Conditions of Approval associated with Tracts 25500-4, 28603-1, 28838-1, and 29147-1 to allow the construction of 2 "worm medians," and a triangular raised median with striping. and road dote in lieu of 4 traffic signals. If the Council chooses to approve the requested modifications, the modifications would be conditioned and the release of obligations would be dependant upon the completion of all of the following steps. 4 ,0 2) KSL would prepare plans within 60 days of the Council action, receive permits and .completely construct 2 "worm medians' and a triangular raised median with striping and road dots for Tracts 25500-4, 28603-1, 28838-1, and 29147A within 1 year of the Council action. 3) KSL would complete final construction punch list items, submit one year warranty securities for Tracts 25500-4, 28603-1, 28838.1, and 29147-1, complete 'as- built' _ drawings for Tracts 26500-4, 28603428838-1, and 20147-1 within 14 months of the Council action. 4) KSL would pay $31,000 to the City for one half of the "worm median" at Puerta Azul/PGA West (Tract 30096), pay'$465,082.73 to the City for off site improvements associated with Tract 28960, pay.$107,500 to the City for, one quarter of a traffic signal associated with Tract 28960 and pay $500,000 to the City Development Impact Fee (DIF) Fund. 5) Once completed,` the City Council would consider acceptance of off -site . improvements for Tracts 25500-4, 28603-1, 28838-1, 28960, and 29147-1. 6) City staff would release Performance Bonds after City Council action. 7) City staff would release Labor and Materials bonds ninety (90) days after Council a tion. 8) City staff would release Warranty bonds one (1) year after Council action. 9). City Would issue an acknowledgement of performance of KSL's obligations under the SIA. We appreciate our continued cooperation. If you have any questions, please do not hesitate to contact me. Sincerely, Thomas P, Genovese City Manager cc: M. Katherine Jenson, City Attorney Timothy R. Jon.asson, P.E.; Public Works Director/City Engineer Doug Yavanian, KSL Jon Rodrigue, KSL N 4�1 ATTACHMENT Kit Land I, £fC Vm Facsirnile f760)201r !N!! NI K8' l Thorna", Cftv a. e%aGse DQ,GmQw922 9 R PGA Vt#ZRelease »GIB Improvement Qa As a. follow m«w.letter akl:lAt please conqidero, confirmationthat KL corporate has given ! approval for the proposal previously outlineLtW imt forovardour @a:hearing date- Chevis t .Development m Dw�m er , jonrisson Don- Yavanjan Jon Ro» a+ m Dcl +: ¢ t » 402 c « = a 11 Ext. 4413 °- ATTACHMENT 9 Ill ti MAY 1 8 2011 J J ili.3 10 ,1 i11i lj i� l I �nWANAGER'S--- DEPI Via Facsimile "7(_60) 777-7101 and Certified Mail e C ; /} ILk / May 19, 2011 TV') qV/ ThomasP. Genovese City Manager City of La Quinta 78.495 Calle Tampico La Qrmta, CA.92253 Pie; PGA West J Release of Improvement Obligations Dear Tutu: As a follow up to our letter of May 2211.1 and tfieprocedures you outlined in your letter of May 17, 2011, both of which are enclosed, please confider this confirmation Chat KSL corporate has given final approval for the proposal previously outlined, with the followi rg clarifications;. L KSL intends on paying the Agreed. upon amounts for Map 25500-4 ($OLOW) and Map 2$960 ($572 5M almost immediately following Council action on June. 7, and would desire concurrent release of those improvement obligations. (ie., release of bonds and confiimatiort that -obligations vnsler subdivision improvement obligations were satisfied)_ 2, We would anticipate the timing of the $500" DiF Fund payment to be concurrent with the acceptance and release of the performance bonds far Maps 28838, 28603 and 29147 (tor example,-Cotuicil could "conditionally" accept those subdivision improvements and authorize release ofthe bonds; conditioned upon receipt of the DIF Fund payment). 11121111; you for your continued assistance. We!ltwk foxward to our June 7 he ring,date. C evcs Hosea V.P. Development Enclosures QC; Ed TWminier . Tim Jonas -on Doug Yavanan ' Jon Rodiague 2100 Costa Dal Mar Road, Carlsbad, CA'92009 Office:76D-438A111 Ext.9423 r 403 ATTACHMENT 10 "WORM" CONFIGURED RAISED MEDIAN "PORK CHOP" CONFIGURED RAISED MEDIAN 404 ATTACHMENT 11 Letters & emails from residents 405 John T. Abraham, Jr., M D. 54-293 Inverness Way La Quints, California 92253 (760) 771-3304 City Council, La Quints, California Public Works Dept. P.O. Box 1504 La Quints Ca. 92247-1504 Att: Mr. TimothylL Jonasson June 10, 2011 Dear Mr. Jouasson:: JUN 13 2011 nIYOF V daarA an KA4a s orvt We are submitting our objection to the courts decision to a Resolution pertaining to Tract Map Number 25500.4 in not putting in a traffic signal out of PGA -West on to Madison Avenue. The request for modifying the traffic light to a raised median at this location was based upon "fewer units" having been coushucted for PGA -West then originally planned is not true for this Particular tract This tract is completely built out Therefore, please do NOT permit the raised median is this location prohibiting a left turn while exiting PGA -West on to Madison Avenue. Dr. &Mrs. ohn T. Abraham 54-2931nverness Way La Quinta; Ca 92253 CceleM/ 4A MEN 6-11-11 41 S 94'r f'U Timothy R.Jonasson P.E. ALIC �RA-S Public Works Dept LaQuinta City Hall 78.495 Calle Tampico LBQuinta, CA 92253 Gentlemen: I am writing to express my opposition to proposal to eliminate left hand turns at PGA West from Winged Foot onto Madison Street I am a resident of the Eagle Bend Subdivision at PGA West In addition to the obvious inconvenience Issue, there is the matter of PUBLIC SAFETY. Closing the aforementioned exits to left turns will funnel many more vehicles to PGA West Blvd. PGA West Blvd is shared by both autos and VULNERABLE GOLF CARTS as they travel to & from the Arnold Palmer, Stadium, Jack Nicklaus & Tom Weiskopf Developments as well as the five golf courses and two clubhouses. Traffic volume will increase dramatically on PGA West Blvd when area across from members clubhouse is developed and dangerously exacerbated even more by dosing alternate exits. Please don't vote to sacrifice public safety for developers profits. Douglas Hakanen 80760 Bellerive LaQuinta, CA 92253 407 Ed Wimmer From: uktola@aol.com Sent: Tuesday, June 14, 2011 5:22 PM To: Ed Wimmer Subject: No left turn on Madison from PGA West Weiskopf Gate Dear Mr. Wimmer Since I have left the desert for the Summer, I am unable to attent the La Quinta City Council meeting later this month. However, I am adressing this email to you in order to express my concerns regarding the proposed building of a median along Masison with the effect of denying PGA West residents the opportunity to make a left hand turn from the Weiskopf gate. My principal concern is that this action will create more traffic to be driven west on both Weiskopf and Spanish Bay in order to reach PGA Blvd so that they can drive north on Jefferson. it will clearly create a traffic build up at the junction of PGA West/Jefferson and 54th Street. Your consideration of these concerns will be greatly appreciated Bryan Isaacs (80915 Weiskopf) 1I It 40 8 Ed Wimmer From: Carolyn Walker Sent: Tuesday, June 14, 2011 8:06 AM To: Ed Wimmer Subject: FW: Fairways From: Jerry McDonald[mailto:Jerry.McDonald@monarchgrp.com] Sent: Monday, June 13, 2011 11:09 AM To: Carolyn Walker Cc: Wally Nesbit; Monika Radeva Subject: RE: Fairways Hello All: Could you please send me a PDF version of the Public Hearing schedule for June 21 regarding the proposed "worm medians" on Madison? Also, would it be possible to delay that Hearing until later this year as the majority of those homeowners affected are not in La Quinta for the summer months? Thanks so much. Jerry McDonald I Manager 39755 Berkey Drive, Suite A • Palm Desert, CA 92211 P: 760.776.5100 x335 I F: 760.776.5111 , EMAIL: Jerry. McDonald0monarchero.com I WEB: www.managementtrust.com I FACEBOOK: Management Trust Jt9 91Rb4 VVA WASNINGMN I OREGON I CALIFORNIA I NEVADA I ARIZONA - Follow us on Twitter: twitter.com/MANAGEMENTTRUST 6 Go green, keep it on the screen —think before you print! Ed Wimmer From: THOMAS MINICHIELLO <golf4us2Qverizon.net> Sent: Wednesday, June 15, 2011 9A6 AM To: Ed Wimmer Subject: worm medians 6/21/11 I cannot think of a good reason to have no lefthand turns ... why should a person have to turn right when they need to go left ..... this would affect many who live in the tracts mentioned.... not built out? where would there be more homes? Roberta Minichiello, PGAWest homeowner but not affected by turns..... JUN 1 4 2011 cc 10 oUINTA PGA WEST MASTPR'ASSOGIATION, INC. P.O. Box 4616 ; LA QVWA, CA 99247.1616 PHONE#" 566 365$ fAX t760) 064-2329 June 14, 2011 City of Lei Quints VIA EMAIL AND US MAIL P. O: Box 1504 dtymanagersoMoe@Ia-quinta.org La Quints, CA'02247 Ann: Thomas P. Genovese, City Manager City Council Members Re: KSL Land I, LLG Application Hearfor Requestett Modifications ing Die: June 21, 2iJ1 t Dear Mr. Genovese and CIty .Council Members: We are In reoelpt of the Notice of Pualic Hasling;tln the. application of KSL Land I, LLC ("KSL") to eliminate its abfiga l to daftrt` and construct fwr"#Wc signals and to construct raised rnediairts to restrict .PGp West it ss and vg ass (ttie `Application"). It is respectively requested:tfiat the hearing on fhe fCppiitsation be° txtntihuard jo a date convenient to the Council In November 2011. The facts supporfittg*lie request indudef the fotlovAng: 1. Notice of the hesirlrig -hag been insAcient-to provide the approximately 3,000 resident. of PGA wee-v4h time to 8vaittsts the ARpliaErtloXt and proyide meaningful commerds. Ass veil known, 'a Iarge rtut -W of P . West residents aw,gone. for extended periods during the surrrimer (including ifasrd rtierattttom .Elf the Awastet Association and Residential HOA's), and "neat offile seasorrak•part timBi9r dBnfB do taut stallarriving I the end of October. It is likely that a large number -of residents have; not even rewwdr ltteir notices, let alone been able to consider the issues involved. 2. The elimination of signals raisesserious safety concerns that must be Congid0r_0d,, It appears that the basis for elimination of the signals is reduced development Arnthln PGA West:- but that Alone, eye" if-1774C should not be controlling since traffic along Madison is hotiirhited to PGA Westresidente, vendors and :quests. 3. To our. knowledge thete. has been no effort by KSL to reach out to the PGA West community to explain the need for the AIppiioation the changes requested and to consider other options, including reducing the number of signals. A continuance would provide KSL with that opportunity. 4. We need an opportunity Yo examine the standing of KSL in connection with PGA WOW development issues. While it may seem dear to KSL, there are questions relating to dedafant rights and obligations under.our.goverimg CC&R's that may be relevant to the Applcation. Under the circumstances, the Master Association believes that a continuance of the hearing on the Application is in the. bestinWrestfi bf sit concerned and, we see no prejudice to KSL The signal requirement has been an obrQ 6bn fnr marry years, and a delay of the hearing for a few months cannot be materiel. it appears to be A pattern for developers to time hearings during the summer months when oppORIOn m191n be expected to be, minimized; and. such scheduling should' be avoided urdess there is a cOMPO" reason to move forward, which we are not avmfs of Prow"additional tirrss iMN enable the Master Association, in conjunction with the gffiet fnlpas3ed'RpBidentiat Ht?X4s at ?L 4i O0, to;comwit"cate with our members and to work sxaeperativeiy with the City and kl$L to address concerns so than issues that the City Council will iiie4deal with VA be minlr iized, if not eliminsted: We also tlelreveihat ff not elread done, K3L ba required to engage traffic engineers to conduct a sty study,on the � # so tttaf Mre ate provided wlfh an independent, expert tiplrt[oh of what fiseific txiratia� -are apprtpdate for current and anticipated development In the eras, not=just withlnFfGAW�SL 'ittis.iitl�teiioilGdbe txNMuctod:during the busy season in teas 412 Wanda Wise -Latta From: Richard Hayes <rhayesesq@aol.com> Sent: Tuesday, June 14, 2011 t:44 PM _ To: City Managers Office Cc: 'Jenson,.Kathy Subject: KSL Land), LLC Application Attachments: letter to city re KSL application (signed) 6.14.11.pdf Please see the attached letter. Thanks, Richard A. Hayes Ed Wimmer From: Kathy Kaufman <kmk2650@yahoo.com> Sent: Wednesday, June 15, 2011 7:11 AM To: Ed Wimmer Subject: PGA West Madison Gate/intersection While we are against the plans as we understand them, we strongly believe taking a decision on this matter while the majority of the homeowners are away is incorrect -I'm sure once this is considered the decision will be delayed. By the way, it seems a bigger problem is the speed on Madison thus a light or stop signs would be more effective. Scott and Kathy Kaufman 80840 Weiskopf Sent from my !Phone ,� 414 Debra Pearl From: Ed Wimmer Sent: Wednesday, June 15, 20119A3 AM To: Debra Pearl Subject FW: "WORM MEDIANS' modifications requested by KSL Please add this one to the KSL hearing package Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission ... to enhance the quality of life in the City of Ls Quints, by providing world loss customer care and the highest quality design, construction & maintenance of public & private projects that respect the natural beauty, of the City, - Please considerthe environment before printing this email. CONFIDENTIAL COMMUNICATION: This communication constitutes an electronic communication wMin the meaning of the Electronics Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication contains confidential and pdvkged material and is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or prMleged nature of the communication. Any review or distnbution by others is strictly prohNed. If you are not the Intended recipient, please immediately witty me by telephone at (760) 777-71)88, or by email at ewimmerNaauima.om and delete all copies of this communication. Thank you in advance for your cooperation. From: Tim Jonasson Sent: Wednesday, June 15, 2011 9:13 AM To: Tsnovi@aol.com' Cc: Ed Wimmer Subject: RE: "WORM MEDIANS'. modifications requested by KSL Thank you for this. We will include it in our report to the City Council Tim Jonasson, PE Public Works Director/City Engineer City of La Quinta (760) 777-7042 tionasson a),la-quinta.org From: Tsnovi@aol.com [mailto:Tsnovi@aol.com] Sent: Wednesday, June 15, 2011 9:07 AM To: Tim Jonasson Subject: Fwd: "WORM MEDIANS' modifications requested by KSL From: Tsnovi@aol.com To:jtjonasson@la-quinta.org CC: jimwisener@dc.rr.com, mkirshner@dc.rr.com Sent: 6/14/2011 3:50:37 P.M. Pacific Daylight Time Subj: "WORM MEDIANS' modifications requested by KSL t to 415 TO: Public Works Department La Quinta City Hall 78495 Calle Tampico La Quinta, California Attention: Timothy R. Jonasson, P.E. My name is Edwin H. Novascone, a resident at 80655 Weiskopf, La Quinta, CA. I am opposed to the building of a "worm" median at the end of my street on Madison Street and am in favor of installing traffic lights as originally planned. I have lived at the above residence for over eleven years and make a left turn out the gate to Indio for the following reasons: JFK Hospital, Bank of America safe deposit box, Airport Blvd as a main access to Monroe and Jackson, HITS in Thermal, In and Out Burger, Cactus Jacks, and other eating spots, Greg Norman Golf Course,Produce markets are just some of the left turn uses of the Gate onto Madison. Requesting the modification on the basis that fewer units have been constructed at PGA West just does not stand up to inspection. The Hotel guests that would have increased traffic flow could.not use the Madison gate as they would not be allowed into the residential gates without a homeowner resident okay. The traffic that would now not be able to turn left out the gate now will have to travel on PGA West Blvd causing further wear and tear on the street at the expense of the Master Association. The value of my property is negatively affected by a potential buyer for example that has horses stabled at of around the Polo grounds. Turning out to the right toward Trilogy and making a u-turn is not the answer. Such a U-turn is inviting an accident at the speeds of the autos now using Madison Street. In a life or death situation for an ambulance the fastest route to JFK hospital would be a left turn at a traffic light. If the patient dies as a result of the delay in getting to the hospital who is to, blame or is gets sued? If the Bonds on hand pay for the traffic lights why are we even discussing building "worms" and at what cost to the City? Thanks for your attention Edwin H. Novascone N 416 Debra Pearl From: Ed Wimmer Sent: Wednesday, June 15, 20118:47 AM To: 'Jim Wisener Cc: Debra Pearl Subject: RE: center left turn lane on Madison: WORM MEDIANS' modifications requested by KSL Hi Mr. Wisener, Thank you for this email. It will be added to the package that will be considered by City Council on June 21. Thanks, Ed Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission...to enhance the quality of Ille in the City of La Quinte by providing world Gass customer care and the highest quality design, construction a maintenance of public 8 private pr*ds that respect the natural beauty of the City. (�p Please consider the environment before printing this email. CONFIDENTIAL COMMUNICATION: This communication constitutes an electronic communication within the meaning of the Electronics Communications Privacy Act, 18 USC 2510, and 85 disclosure is strictly limited to the recipient Intended by the sender of this message. This communication contains confidential and privileged material and is for the sole use of the amended recipient and receipt by anyone other than the intended recipient does not corrstiMe a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please Immediately notly me by telephone at (760) 777-7088, or by email at evdmmerAlaauints.oro and delete all copies of this communication. Thank you In advance for your cooperation. From: Jim Wisener [mailto:jimwlsener@dc.rr.com] Sent: Wednesday, June 15, 2011 7:41 AM To: Ed Wimmer Subject: center leftturn lane on Madison: WORM MEDIANS' modifications requested by KSL Mr. Wimmer, The project as proposed should be postponed until more residents return from the summer so the residents have the opportunity to comment. This is a big issue for the voting residents at PGA WEST. The bigger issue is the speed both ways down Madison. Madison is used as an informal raceway. I have personally seen cars speeding down Madison that would scare anyone. The city is exposed to some legal actions based the dangerous speeds permitted on this road. With budgets cuts, we all understand that it is too difficult to post police to monitor the speeds but PLEASE consider a 4 way stop sign where the Legends and Weiskopf gate are located. A 4 way stop light would be better but we understand that the cost is expensive. But a 4 way stop sign might benefit all Thank you, Jim Wisener 417 80920 Weiskopf La Quinta, Ca 92253 z 418 Debra Pearl From: Ed Wimmer Sent: Wednesday, June 15, 20118:38 AM To: 'uktola@aol.com' Cc: Debra Pearl Subject: RE: No left turn on Madison from PGA West Weiskopf Gate Hi Mr. Isaacs, Thank you for this email. This email will be added to the package that the City Council will consider on June 21. Thanks, Ed Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission... to enhance the quality of life in the Cdy of La Quintet byprovidmg world class customercare and the highest quality design, construction & maintenance of public & private projects that respect the natural beauty of the City. ® Please consider the environment before printing this email CONFIDENTIAL COMMUNICATION: This communication constitutes an electronic communication within the meaning of the Electronics Communications Privacy Act. 18 USC 2510, and its disc osum is strictly limited to the recipient Intended by the sender of this message. This cummunicatlon contains confidential and privileged material and is for the sole use of the intended recipient and receipt by anyone other than the Intended recipient does not constitute a loss of the confidential or privileged nature of the communication, Any review or distribution by others is strictly prohibited. If you are not the Intended recipient, please Immediately notify me by telephone at (760) 777.7088. or by email at ewimmerdtrlaauints.om and delete all copies of this communication. Thank you in advance for your cooperation. - , 'From: uktola@aol.com [mailto:uktola@aol.com] Sent: Tuesday, June 14, 2011 5:22 PM To: Ed Wimmer Subject: No left turn on Madison from PGA West Weiskopf Gate Dear Mr. Wimmer Since I have left the desert for the Summer, I am unable to attent the La Quinta City Council meeting later this month. However, I am adressing this email to you in order to express my concerns regarding the proposed building of a median along Masison with the effect of denying PGA West residents the opportunity to make a left hand turn from the Weiskopf gate. My principal concern is that this action will create more traffic to be driven west on both Weiskopf and Spanish Bay in order to reach PGA Blvd so that they can drive north on Jefferson. It will clearly create a traffic build up at the junction of PGA West/Jefferson and 54th Street. Your consideration of these concerns will be greatly appreciated. Bryan Isaacs (80915 Weiskopo U9 Debra Pearl From: Ed Wimmer Sent; Wednesday, June 15, 20118A3 AM To: 'Mherman300@aol.com' Cc: Debra Pearl Subject: RE: Median Modifications of Madison St. @ PGA West Hi Mr. Herman, Thank you for this email. It will be added to the package to be considered by City Council on June 21. Thanks, Ed Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 our Mission... to enhance the qualify of life in the City of La Quints by providing world class customer care and the highest quality Cesign, construction & maintenance of public & private projects that respect the natural beauty of the City. Please. consider the environment before printing this email. CONFIDENTIAL COMMUNICATION: This communication condhites.an electronic communication within the meaning of the Electronics Communlcetions Privacy Act, 18 USC 2510, and Its disclosure is strictly limited to the recipient intended by the sender of this message. This communication contains confidential and privileged material and is for the sole use of the Intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others Is strictly prohibited. If you are not the intended recipient, please Immediately notify me by telephone at (760) 777.7088, or by email at ewlmmerdlta-duima oro and delete all copies of this communication. Thank you in advance for your cooperation. From: Mherman30D@aol.com [mailto:Mherman300@aol.coml Sent: Wednesday, June 15, 2011 6:32 AM To: Ed Wimmer Subject: Median Modifications of Madison St. @ PGA West Your intent to make this intersection safer is a good one. However, you are impeding the ability of residents exiting from Weiskopf onto Madison St. -North from making their left turn. Furthermore, the proposed modification creates another dangerous situation when these residents need to make a U-turn further south on Madison St. Please reconsider the current plans in favor of installing a traffic light at this intersection. The property owners, of PGA West pay a disproportionately high level of property taxes and are entitled to a safe and convenient traffic flow at this site. Michael Herman 80690 Weiskopf La Quinta, CA 1p 4"0 Debra Pearl From: Ed Wimmer Sent: Wednesday, June 15, 20118:45 AM To: 'Kathy Kaufman' Cc: Debra Pearl Subject: RE: PGA West Madison Gate/Intersection Hi Mr. and Ms. Kaufman, Thank you for this email. It will be added to the package that City Council will consider on June 21. Thanks, Ed Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission ... to enhance the quality of life in the City of La Quinta by providing world class customer care and the highest quality design, construction & maintenance of public & private projects that respect the natural beauty of the City. u Please consider the environment before printing this email. CONFIDENTIAL COMMUNICATION: This communication constitutes an electronic communication within the meaning of the Electronics Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication contains confidential and privileged material and is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please immediately notify me by telephone at (760) 777-7088, or by email at ewimmer@ia-auinta.org and delete all copies of this communication. Thank you in advance for your cooperation. ---Original Message ----- From: Kathy Kaufman [mailtoikmk2650@yahoo.com] Sent: Wednesday, June 15, 20117:11 AM To: Ed Wimmer .Subject: PGA West Madison Gate/Intersection While we are against the plans as we understand them, we strongly believe taking a decision on this matter while the majority of the homeowners are away is incorrect. I'm sure once this is considered the decision will be delayed. By the way, it seems a bigger problem is the speed on Madison thus a light or stop signs would be more effective. Scott and Kathy Kaufman 80840 Weiskopf 421 June 15, 2011 City of LaQuinta P.O. Box 1504 La Quints, California 92247 Attn: Thomas P. Genovese, City Manager City of La Quinta Council Members RE: KSL Land Application for Modifications to Madison Ave. Dear Mr. Genovese and City Council Members, JUN 1 6 2011 04 Ck I/ TW edtA-- We have lived at PGA West, Eagle Bend Development on a fulltime basis since March of 2004. We use the Madison Gate for all our entrances and exits. We have never had any problems with on coming traffic as we make our left hand turn on to Madison. The adding of stop lights and worm medians along our Madison Exits would be a horrible ideal. I ask the City, have there been any traffic studies ? Forcing us to exit Madison and then take a right would be foolish. As always, KSL and other developers appear to bring up their requests during the summer months, after most of our residents have returned to their summer homes. If nothing else, at this time we feel this "Application" should be put on hold until some time in November. Respectfully, Gary and Donna Swanson 80648 Bellerive La Quints, CA 92253 422 Wanda Wise -Latta From: BrooksideSwanson@aol.com Sent: Thursday, June 16, 2011 6:25 AM To: City Managers Office Cc: BrooksideSwanson@aol.com Subject: KSL Modifications to Madison Ave. Attachments: Cityof-aquinta.doc From: BrooksideSwanson@aol.com To: BrooksideSwanson@aol.com Sent: 611 2011 6:22:43 A.M. Pacific Daylight Time Subj: (no subject) 1 423 RECMM June 15, 2011 JUN 16 1DIt PUMXa'oxrs Public Works Department La Quinta City Hall 78495 Calle Tampico La Quinta, CA 92253 Reference: Raised Medians versus Traffic Lights on Madison Avenue As residents of PGA West living on Brae Bum Street, just off Madison Avenue, we strongly object to having medians constructed at the three locations identified on the Notice of Public Hearing Map. Preventing left turns out of these gates doesn't make any sense. It would only force us to turn right and make a u-turn somewhere further down Madison, thus likely causing a more dangerous situation. Furthermore, we use those gates all the time and there has never been enough traffic on Madison to cause more than a minor delay for a left tam. KSL is right in that fewer units have been constructed, therefore there is not that much traffic. Even traffic lights at this point in time are totally unnecessary. If a traffic light is needed anywhere, it would eventually be at Avenue 54 and Madison. For safety purposes, the speed limit along Madison should be lowered to prevent drivers from racing along that stretch. Respectfully, Mary Rathjen 55834 Brae Burn La Quinta, CA 92253 760-771-1814 424 PGA WEST_ RESIDENTIAL ASSOCIATION, INC. June 15, 2011 City of La Quinta P.O. Box 1504 La Quinta, CA 92247 RECEIVED 2011 JUN 16 Pal 2 191� CITY OF LAQUINTA 0AA CITY CLERK'S OFFICI yC ['rhel 'i Attn: La Quints, City Council Members Thomas P. Genovese, City Manager. RE: KSL Land I, LLC Application for Requested Modifications Hearing Date: June 21, 2011 ID C E 0 WE JUN ( 6 2011 Dear Members of the La Quinta City. Coumcil and Mr. Genovese, We are in receipt of the Notice of Public Hearing regarding the application from KSL Land I, LLC (KSL), to void their obligation to design and construct four (4) traffic signals and in the alternative, install raised medians that prohibit left turns in and out of various locations within PGA WEST. The primary purpose of this correspondence is to request that you deny KSL's plea to avoid fulfilling their obligation to install four traffic signals. On behalf of 1422 owners, and in the interest of their safety and the safety of others, PGA WEST Residential Association Inc., Board of Directors appeals to you to force KSL to adhere to their commitment. Please consider the following issues: 1) SAFETY — The proposed medians will have a negative impact on safety. Madison Avenue is the only thoroughfare in the subject area that extends from Avenue 60 to Hwy 111— (and is purportedly going to go all the way to Interstate 10 in the future). As such, it invites excessive speed, which would be better controlled with traffic signals.. Additionally, residents, their guests, vendors and other extraneous vehicles will be forced to make `u turns' merging into high speed traffic, which would be mitigated with the traffic. signals. Although current market conditions may not be conducive to growth, clearly in the future, Griffin Ranch, Trilogy, Andalusia, the Hideaway, Madison Club, the Quarry, etcetera, will expand, which will bring even more vehicular traffic. 54-320 Southem Hills, La Quints, California 92253-5665, Telephone 760-771-1234 FAX 760-771-5125 425 2) Emergency vehicle ingress and egress will be hindered. The thirty plus seconds to navigate up and around the median could mean life or death for someone. Access for Emergency vehicles should not be limited by raised concrete dividers in the road! . 3) Tens of thousands of vehicles enter and exit PGA WEST to and from Madison Street, every month; traffic signals will control the distribution of said vehicles into the flow of traffic. 4) Finally, the proposed worm and pork chop median configurations present a tremendous inconvenience for those exiting or entering certain areas of PGA WEST. Why should owners who perhaps bought their homes with the understanding that a traffic control plan that included traffic signals, was imminent, be denied traffic signals, so that KSL be permitted to abort the plan in favor of a much less costly substitute? Even if the present circumstances do not seem to warrant the traffic signals, we expect the City Council to be looking toward the future, when growth and increased traffic are inevitable. If at a later date it is determined that the traffic signals are essential and KSL has been exonerated from fulfilling its obligation to install the traffic signals, that funding burden will unnecessarily fall on the tax paying citizens of La Quinta If the aforementioned issues are not enough to convince you to deny KSL'S request, at minimum we petition you to re-evaluate the hearing date to address KSL's request. As you know many PGA WEST residents vacate their desert homes in the summer, but most return by November. Therefore, if you do not DENY this request, then please postpone the hearing until early November. Respectfully, Michael L. Walker CCAM PCAM General Manager For the Board of Directors 426 AAAW PGA WEST FAIRWAYS ASSOCIATION June 15, 2011 City of La Quints, P.O. Box 1504 La Quints, CA 92247 Attu: Thomas P. Genovese, City Manager City Council Members Re: KSL Land I, LLC Application for Requested Modifications Hearing Data: June 21, 2011 VIA EMAIL AND U.S. MAIL eitymanagersoffiae@la: quinta.org Dear Mr. Genovese and City Council Members: We are in receipt of the Notice of Public Hearing on the application of KSL Land I, LLC ("KSL') to eliminate its obligation to design and construct four traffic signals and to construct raised media" to restrict PGA WEST ingress and egress ("the Application"). It is respectively requested that the hearing on the Application be continued to a date convenient to the Council in November or December, 2011.. The facts supporting this request include the following: 1. Notice of the hearing has been insufficient to provide the approximately 3,200 residents of PGA WEST with time to evaluate the Application and provide meaningful comments. As ks well known, over half of the Fairways homeowners are gone for the summer months and most of the seasonal, part-time residents do not start arriving until the end of October. It is Rely that a large number of residents have not even received their notices, let alone been able to consider the issues involved. 2. Tho elimination of signals raises serious safety concerns that must be considered. It appears that the basis for elimination of the signals is reduced development within PGA WEST, but that alone, even if true, should not be controlling since traffic along Madison is not limited to PGA WEST reside, vendors and guests. 3. To our knowledge there has been no effort by KSL to reach out to the PGA WEST community to explain the need for the Application, the changes requested and to consider other options, including reducing. the namber of signals, A continuance would provide KSL with that opportunity. 4. We need an opportunity to examine the standing of KSL in connection with PGA WEST development issues. While it may seem clear to KSL, there are questions relating to declarant rights and obligations under our governing documents that may be relevant to the Application. Post Office Box 1690 � La Qninta, California 92247 • Phone (760) 776-5100 • Fax (760) 776.5111 421 PGA WNSTFairwaysAssociadon June 15, 2011 Page 2 of Under the circumstances, the Fairways Association believes that a continuance of the hearing on the Application is in the best interests of all concerned and we see no prejudice to KSL. The signal requirement has been an obligation for many years, and a delay of the hearing for a few months cannot be material. It appears to be a pattern for developers to time hearings during the summer months when opposition might be expected to be minimized, and such scheduling should be avoided unless there is a compelling reason to move forward, which we are not aware of. Providing additional time will enable the Fairways, in conjunction with the Master Association and other Residential HOA's at PGA WEST, to communicate with our members and to work cooperatively with the City and KSL to address concerns so that issues that the City Council will have to deal with will be minimized, if not eliminated. We also believe that if not already done, KSL should be requited to engage traffic engineers to conduct a traffictsafcty study on the affected streets so that we are provided with an independent, expert opinion of what traffic controls are appropriate for current and anticipated development in the area, not just within PGA WEST: This study should be conducted during the busy season m the desert as opposed to the summer months when traffic is much lighter. Please forward this request to the members of the City Council for their consideration. Thank you in advance foryour consideration on this request. Respectfully submitted, For the PPQ4 WESTFaabwwayssA�ssociation Deborah Brill President cc: ' Fairways Association Board of Directors M. Katherine Jenson, Esq. (via email: Kleason0rutan.com) PGA WEST Master Association PGA WEST Residential Association, Inc. PGA WEST Residential II Association, Inc. .. It 428 4- Lawrence Y.C. Leong Janice L. Pratte JUN 16 2011 June 16, 2011 1044 N. Encanto Street Home:(714) 538-2734 Q[3n9e, CA 92669 Fax (714) 538-2734 Larry's Cell: (714)227-5319 Linn I Janice's CO.- (714)469-6139 Attn: Thomas P. Genovese, City Manager City Council Members RE: KSL Land I, LLC Application for Requested Modifications Hearing Date: June 21.2011 Email: LarryLeongOKennedvJenks.com JLPratte(Maol.com Via email citymanagersoffice@la-quinta.org Cc. OftI1a) Dear Mr. Genovese and City Council Members: M We have received you Notice of a Public Hearing regarding the above noted issue and support the . W letter by Deborah Brill of the PGA West Fairways Association on every point. Upon reading this notice it seemed absurd that such a major action would be considered at a time when most residents are not present in La Quinta. In addition to Ms. Brill's comments we would like to add that the inability of residents to easily exit the gated property is a major safety hazard on many counts. The first count is in of a relatively major disaster that would cause all residents to attempt leaving the.property simultaneously. With only a few avenues of egress, and most of them requiring a turn in a direction opposite of the most desirable, tragedies would occur. The second count; a right hand only turn onto Madison would cause every driver to turn left at their earliest convenience, either legally or illegally. More accidents would assuredly occur than any traffic signal could prevent. Additionally, what about the old adage "if it's not broken don't fur it"? At a time when financial resources are strained, why should any community consider such a useless expenditure?? Think again, please. Sincerely, Janice Pratte & Larry Leong 429 Wanda Wise -Latta From: Jlpratte(daol.com Sent: Thursday, June 16, 2011 1:16 PM To: City Managers Office Subject: Letter to Board re: June 21 meeting Attachments: city council letter re madison right tum.doc Please find our letter to the LQ Board regarding the PGA West traffic signal hearing sponsored by KSL. Janice Pratte 1 40U Debra Pearl From: Ed Wimmer Sent Thursday, June 16, 20117:50 AM To: Debra Pearl Subject: FW: KSL MODIFICATION HEARING Please print out and include in the City Council packet for KSL item Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission —to enhance the quality of life in the City, of La quinteby providing world class customer care and the highest quality design, constriction & maintenance of public 8 private projects that respect the natural beauty ofthe City . Please consider the environment before printing this email. CONFIDENTIAL COMMUNICATION: This communication constitutes an electronic communication within the meaning of the Electronics Communications Privacy Act, 18 Use 2510, and Its disclosure is strictly limbed to the recipient Intended by the sender of this message. This communication contains confidential and privileged material and Is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of the confidential or privileged nature of the communication. Any review or distribution by others is strictly prohibited. If you are not the Intended recipient, please immediately notify me by telephone at (760) 777-7088. or by email at ewimmer0laauinta.oro and delete all copies of this communication. Thank you in advance for your cooperation. From: Tim Jonasson Sent: Wednesday, June 15, 2011 5:47 PM To: 'BRUCE HOESMAN' Cc: Ed Wimmer Subject: RE: KSL MODIFICATION HEARING Mr. Hoesman — We will include this with our staff report. Thank you for taking the time to write the City. Tim Jonasson, PE Public Works Director/City Engineer City of La Quinta (760) 777-7042 tionassonna"la-ouinta.orR From: BRUCE HOESMAN [mailto:hoesy@verizon.net] Sent: Wednesday, June 15, 2011 4:07 PM To: Tim Jonasson; MIRV KIRSHNER Subject: KSL MODIFICATION HEARING M R: JONASSON, THANK YOU FOR FORWARDING TO MIRV KIRSHNER THE NOTICE OF HEARING ON TUESDAY JUNE 21, 2011 AND DETAILS. MERV IS MY NEIGHBOR.AND INFORMED ME SINCE I AM AWAY, FOR THE SUMMER. 431 . I WOULD APPRECIATE YOUR SEEING THAT THIS EMAIL IS INCLUDED IN THE PUBLIC RESPONSE TO THEIR PROPOSAL AT THE HEARING. FIRST, LET ME BE CLEAR THAT I, AND EVERY ONE OF MY NEIGHBORS, VEHEMENTLY OPPOSE WHAT KSL IS ATTEMPTING WITH THE WORM, THUS NOT ALLOWING MEMBERS OR EMERGENCY VEHICLES TO EXIT PGA WEST AND TURN LEFT(NORTH) ONTO MADISON FROM THE WINGFOOT GATE. NOT ONLY WOULD THIS BE TERRIBLY INCONVENIENT FOR US AND MEAN SAFETY PROBLEMS FOR EMERGENCY VEHICLES, WE'RE ALSO TALKING ABOUT TRAFFIC JAMS OF EPIC PROPORTIONS. ACCORDING TO PGA WEST SECURITY, IN ONE MONTH ALONE OVER 40,000 CARS ENTER AND EXIT THAT GATE[ OVER 40,0001 IMAGINE ALL THOSE CARS BEING FORCED TO MAKE A RIGHTTURN AND THEN A U TURN? TALK ABOUT A MESS, INCONVENIENCE AND DELAY -BUT WHAT HAPPENS WHEN AN EMERGENCY VEHICLE NEEDS TO DO 1T AND THERE'S A LINE OF CARS WAITING TO MAKE A U TURN? I KNOW THEY HAVE SIRENS, BUT WE ARE STILL ASKING FOR AN UNSAFE SITUATION. PLUS, WE CAN ADD TO THE CONFUSION ALL THE PGA WEST RESIDENTS NORMALLY TURNING LEFT AT THAT LIGHT ALREADY TO ENTER THE NORMAN COMPLEX? ADD THAT TO EVERYONE TRYING TO MAKE U-TURNS AND WE WOULD HAVE TRAFFIC BACKED UP TO 54TH STREET ALL DAY EVERY DAY. NO ONE WANTS THAT. ALSO, WHILE I WAS SPEAKING WITH PGA WEST SECURITY, I WAS INFORMED THAT NO ONE CAN EVER RECALL A TRAFFIC ACCIDENT AT THAT GATE. SO, IF IT'S NOT BROKE, MAYBE WE SHOULDN'T FIX IT. BUT, WE CERTAINLY CAN'T APPROVE WHAT KSL HAS PROPOSED. I BELIEVE IT SIMPLY NEEDS MORE STUDY. SINCERELY, BRUCE J. HOESMAN 432 Wanda Wise -Latta lkA From: Jim + Barbara Lambert <jnblambert212Qhotmail.com> Sent: Thursday June 16, 2011 1:57 PM V To: Subject: Council; Tom Genovese Madison Street �C[P worm medians Honorable Mayor, City Council and Mr. Genovese, As residents of La Qulnta, and specifically' PGA West, we must protest the proposed installation of Worm medians on Madison Ave: at the exits of PGA West. Elimination of the ability to cross Madison at the Legends gate / Weiskopf Way gate effectively cuts off access between those parts of the community. Instead of crossing the road, we would be required to detour at least a mile to make a u turn to the other side of the road. In addition, the elimination of left turns out of Winged foot, and into Black Diamond means a mile long detour with a u turn. Within PGA West, traffic would Increase on Spanish Bay, a street not currently suited to the amount of traffic It carries, due to residents not being able to turn north on Madison. If the existing road configuration is not acceptable, we feel the previously planned and bonded traffic light installations are a more acceptable solution. James and Barbara Lambert 81270.Legends Way La Quanta, CA 92253 I 433 Ed Wimmer From: Loren McClanathan <lmoclanathan@gmail.com> Sent: Thursday, June 16, 2011 6:12 PM To: Ed Wimmer Subject: Public Hearing Regarding Traffic Signals on Madison at PGA West Attachments: FairwaysLetter to City 6-15-11.pdf As a resident of PGA West I want to support the point of view sent you in a letter from Deborah Brill, President of the PGA West Fairways Association (attached) suggesting that the proposed public hearing be postponed. I support all of her reasons for postponing this meeting and I certainly do not support the limitations on left turns exiting the Madison gates at PGA West. I personally don't think that any changes. are required and the intersections are safe as they are today without traffic signals or turn limitations. Loren McClanathan 80859 Spanish Bay La Quinta 434 Ed Wimmer From: Richard Adler <richardadlerca@aol.com> Sent: Thursday, June 16, 2011 4:55 PM To: Ed Wimmer Subject: PGA West - Madison Gate am writing in support of Deborah Brill's requesting this issue be postponed. Cutting off the entrance and exit of PGA West to Madison will create a dangerous situation. Also, as a result of putting a median on Madison, will detour all traffic to the one main street at the Weiskopf Gate, thereby causing congestion this small street, that will be dangerous and very inconvenient. I can's see how the benefits will exceed the negatives to changing the existing Madison Street median. Respectfully, Richard Adler 80808 Spanish Bay La Quinta 435 Ed Wimmer From: Bob Brown <taecbrown@dc.rr.com> Sent: Thursday, June 16, 2011 3:40 PM To: Ed Wimmer Subject: Notice of Hearing -June 21 -KSL Request Dear Mr. Wimmer: 1 am a La Quinta resident of PGA West and reside at 80-844 Spanish Bay, La Quints. I am aware that the President of our Association has submitted a letter to the City Manager requesting a postponement of this hearing until this coming November and. December. I strongly agree with this request. However, if the hearing is not postponed I want to express my position on the request and proposal contained in the Notice of Hearing. I am clearly not in favor of spending our tax money to install a raised "worm median" for the access in to PGA West Weiskopf and Legends gates. I believe that the city must take a long term view of this situation. Clearly a "worm median" is an interim solution fraught with problems so why spend the money on it. The problems: Homeowners, landscapers, pool cleaners, waste management vehicles,etc cross .Madison on a daily basis. Having to make a right or lefttum and the a U-Turn has significant safety implications as well as a big inconvenience for the residents of PGA West and their service people: Additionally, having to make a U-tum on a major street is even more precarious than what we face today. The current residents of PGA West, who live on the South West end, will more than likely turn on to Weiskopt Way or Spanish Bay. Those who turn on to Weiskopf will have to turn right on Meadowbrook and then left on to Spanish Bay. Spanish Bay already has more traffic than it was designed for and this would make the conditions worse. I believe KSL ,with the CiVs approval, was involved in having the location of the West Weiskopf Gate moved to Spanish Bay even though Weiskopf Way was designed for thru traffic including small roundabouts to control speed. Emergency vehicles taking patients from a home on the west side of Madison will lose precious time in getting their patient(s) to the hospital. Speeding on Madison especially at night is an issue. At the time when gas prices are at their highest levels you're asking everyone to add miles and time to their trips. Although each trip is a small amount, it adds up quickly. The residents on the East Side of Madison are essentially being cutoff from the rest of the development. I urge the Council to agree to the postponement. If it does not I suggest consideration of installing the light now or make it a four way STOP. Either of these would solve all of the problems mentioned above. Thank you for time and consideration of these issues. Robert J. Brown 80-W Spanish Bay La Quints, CA 92253 436 June 16, 2011 City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: City Council Members Thomas P. Genovese, City Manager Subject: Notice of Public Hearing, June 21 @ 7:00 p.m. Dear Mr. Genovese and Council Members, I am responding to the Notice of Public hearing that was sent out recently to notify PGA residents of the Public Hearing on June 21, 2011 with regard to the modifications proposed by KSL. . First I would like to say that the tuning on this was very cleverly planned by KSL, when they knew that the majority of residents would be out of the valley for the off season. Also, with such short notice from the city, even if someone were to try to get here for the hearing or to respond, they were not given enough time to do so appropriately, as most probably have not even received the notice yet. That being said, I find this proposal to be selfish and self serving on the part of KSL. This community was built according to plan which KSL was involved in and profited from. Density should not be an issue here, what this proposal would do is basically to cut this community in half. There has long been a safety need for traffic signals, particularly at the Legends/Weiskopf gates. Has there ever been a viable traffic study done during "season' to determine the volume of cars that go from the Legends gate across to the Masters Series gate on Weiskopf and visa versa, as well as the number of left turns made from PGA West onto Madison? I think you will find that it is a large number of cars on a daily basis. The other safety issue is that with no lights on Madison, cars coming and going on Madison speed at such a rate that you are taking your life in your hands to turn onto or cross Madison, and at night it becomes a virtual speedway. Another concern is, if cars cannot turn onto Madison, they will by default have to eventually travel up Spanish Bay to get to the gate and exit via PGA Blvd. Herein is another major problem which was allowed by KSL and apparently approved by the La Quinta City Council. Weiskopf was designed as an extra wide street with round -about traffic breaks to handle traffic flow, and the entrance gate was originally planned to enter from PGA Blvd. onto Weiskopf with the back gate exiting onto Madison from Weiskopf. Somewhere along the way, a few folks with a lot of money somehow got that gate moved to Spanish Bay. Spanish Bay is a narrow residential street, not meant for that kind of traffic load and Weiskopf is not being utilized as it was designed to be. This proposal just causes even more traffic burden onto Spanish,Bay, which makes no sense at all. The proposed elimination of the need for these traffic signals seems to benefit no one but KSL. In the future as this community continues to grow with the eventual development of 431 June 16, 2011 Page 2 of 2 Eden Rock, those traffic signals are going to be even more important for traffic flow and for safety reasons. Perhaps the solution would be to first conduct a proper traffic study during season, paid for by KSL, to determine the real needs of the community. Perhaps the number of lights could be reduced if some of the areas were determined not to have the traffic flow volume to justify the need. There needs to be some way to slow traffic on Madison somewhat and still allow residents of PGA West the ability to enter and exit the community safely. Please keep in mind that the Private clubhouse, the Stadium clubhouse and the PGA West health club and tennis facility require residents on the East side of Madison to cross over to the West side, across Madison, to have access to those facilities. They should be able to do so, safely, with a traffic signal, as was the original plan from the. beginning development of this community. This hearing should also be postponed until season to allow all residents of PGA West to have the ability to participate in this process. I believe KSL planned this Application for the off season so it would slip by unnoticed. I would appreciate if the Council would take into consideration these suggestions. Thank you. Best Regards, Susan C. Brown 80-844 Spanish Bay La Quinta, CA 92253 Is 438 Page 1 of 2 TO: Public Works Department RS°°ED La Quinta City Hall ,UN 78-495 Calle Tampico 1:6 2ofl La Quinta, California PUBUc woPKS Attention: Timothy R. Jonasson, P.E. My name is Edwin H. Novascone, a resident at 80655 Weiskopf, La Quinta, CA. I am opposed to the building of a "worm" median at the end of my street on Madison Street and am in favor of installing traffic lights as originally planned. I have lived at the above residence for over eleven years and make a left turn out the gate to Indio for the following reasons: JFK Hospital, Bank of America safe deposit box, Airport Blvd as a main access to Monroe and Jackson, HITS in Thermal, In and Out Burger, Cactus Jacks, and other eating spots, Greg Norman Golf Course, Produce markets are just some of the left turn uses of the Gate onto Madison. Requesting the modification on the basis that fewer units have been constructed at PGA West just does not stand up to inspection. The Hotelguests that would have increased traffic flow could not use the Madison gate as they would not be allowed into the residential gates without a homeowner resident okay. The traffic that would now not be able to turn left out the gate now will have to travel on PGA West Blvd causing further wear and tear on the street at the expense of the Master Association. The value of my property is negatively affected by a potential buyer for example that has horses stabled at of around the Polo grounds. Turning out to the right toward Trilogy and making a u-tum is not the answer. Such a U-turn is inviting an accident at the speeds of the autos now using Madison Street. In a life or death situation for an ambulance the fastest route to JFK hospital would be a left turn at a traffic light. If the patient dies as a result of the delay in getting to the hospital who is to blame or who is gets sued? If the Bonds on hand pay for the traffic lights why are we even discussing building "worms" and at what cost to the City? - it 439 Tuesday, June 14, 2011 AOU Tsnovi Debra Pearl From: Ed Wimmer Sent: Thursday, June 16, 2011 1:22 PM To: Debra Pearl Subject: FW: KSL MODIFICATION HEARING Please include in Council packet for KSL Hearing Ed Wimmer, P.E. Principal Engineer, Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission... to enhance the quality of life in the City of La Quinta by providing world class customer care and the highest quality design, construction & maintenance of -public 8 private projects that respect the natural beauty of the City. - Please consider the environment before printing this email CONFIDENTIAL COMMUNICATION: This communication constitutes an electronic communication within the meaning of the Electronics Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication contains confidential and privileged material and Is for the sole use of the Intended recipient and recelpt by anyone other than the Intended recipient does not constitute a lose of the confidential or privileged nature of the communication. Any review or distriMon by others is strictly prohibited. If you are not the intended recipient, please immediately notify me by telephone. at (760) 777-7088, or by email at ewdmmer0ii-Quinta.om and delete all copies of this communication. Thank you in advance for your cooperation. - From: Tim Jonasson Sent: Thursday, June 16, 2011 12:00 PM To: 'Glenn Hart' Cc: mkirshner@dc.rr.com; Ed Wimmer Subject: RE: KSL MODIFICATION HEARING Mr. Hart —Thank you and we will include Mr. Hoesman's email in.our staff report. Tim Jonasson, PE Public Works Director/City Engineer City of La Quima (760) 777-7042 tionasson@la-guinta.org From: Glenn Hart [mailto:glenn2@orepac.com1 Sent: Thursday, June 16, 2011 8:55 AM To: Tim Jonasson Cc: mkirshner@dc.rr.com Subject: FW: KSL MODIFICATION HEARING Mr. Jonasson, The enclosed email from Mr. Housman, completely outlines my objections to the proposed Madison Ave. traffic design. The issues of safety, inconvenience and disruption at the Wingfoot intersection, are very clearly outlined. I hope that the city of La Quinta, might consider a traffic signal for the intersection if any change is to be planned. Please include my objection to this proposal at your upcoming, KSL Modification Hearing. 1. ,� 440 Thanks for your attention in this matter Glenn Hart 54111 Southern Hills La Quinta, CA. 92253 From: mkirshner@dc.rr.com [mailto:mkirshner@dc.rr.com] Sent: Thursday, June 16, 2011 7:32 AM To: Glenn Hart Subject: Fa: KSL MODIFICATION HEARING Glenn , Jonasson is the Director of Public Works and I assume works for the City MGr and the council. attached is an e mail from my neighbor Bruce Hoesman who is the third house west of yours. 1 am sure your a mail will be beneneficial to all Thanks Mery Mervyn E Kirshner . 54063 Southem Hills La Quints, Ca 92253 Ph (760) 564-8752 Cell (760) 408-9814 Ern mkirshner ,dc.rr.com Subject: KSL MODIFICATION HEARING MR. JONASSON, THANK YOU FOR FORWARDING TO MIRV KIRSHNER THE NOTICE OF HEARING ON TUESDAY JUNE 21, 2011 AND DETAILS. MERV IS MY NEIGHBOR AND INFORMED ME SINCE I AM AWAY FOR THE SUMMER. I WOULD APPRECIATE YOUR SEEING THAT THIS EMAIL IS INCLUDED IN THE PUBLIC RESPONSE TO THEIR PROPOSAL AT THE HEARING. FIRST, LET ME BE CLEAR THAT I, AND EVERY ONE OF MY NEIGHBORS, VEHEMENTLY OPPOSE WHAT KSL IS ATTEMPTING WITH THE WORM, THUS NOT ALLOWING MEMBERS OR EMERGENCY VEHICLES TO EXIT PGA WEST AND TURN LEFT(NORTH) ONTO MADISON FROM THE WINGFOOT GATE. NOT ONLY WOULD THIS BE TERRIBLY INCONVENIENT FOR US AND MEAN SAFETY PROBLEMS FOR EMERGENCY VEHICLES, WE'RE ALSO TALKING ABOUT TRAFFIC JAMS OF EPIC PROPORTIONS. ACCORDING TO PGA WEST SECURITY, IN ONE MONTH ALONE OVER 40,000 CARS ENTER AND EXIT THAT GATE! OVER 40,000! IMAGINE ALL THOSE CARS BEING FORCED TO MAKE A RIGHT TURN AND THEN A U TURN? TALK ABOUT A MESS, INCONVENIENCE AND DELAY —BUT WHAT HAPPENS WHEN AN EMERGENCY VEHICLE NEEDS TO DO IT AND THERE'S A LINE OF CARS WAITING TO MAKE A U TURN? I KNOW THEY HAVE SIRENS, BUT WE ARE STILL ASKING FOR AN UNSAFE SITUATION. 2 441 PLUS, WE CAN ADD TO THE CONFUSION ALL THE PGA WEST RESIDENTS NORMALLY TURNING LEFT AT THAT LIGHT ALREADY TO ENTER THE NORMAN COMPLEX? ADD THAT TO EVERYONE TRYING TO MAKE U-TURNS AND WE WOULD HAVE TRAFFIC BACKED UP TO 54TH STREET ALL DAY EVERYDAY. NO ONE WANTS THAT. ALSO, WHILE I WAS SPEAKING WITH PGA WEST SECURITY, I WAS INFORMED THAT NO ONE CAN EVER RECALL A TRAFFIC ACCIDENT AT THAT GATE. SO, IF IT'S NOT BROKE, MAYBE WE SHOULDN'T FIX IT. BUT, WE CERTAINLY CAN'T APPROVE WHAT KSL HAS PROPOSED. I BELIEVE IT SIMPLY NEEDS MORE STUDY.. SINCERELY, BRUCEJ. HOESMAN 3 i, 442 Ed Wimmer From: Wanda Wise -Latta Sent: Thursday, June 16, 2011 2:10 PM To: Ed Wimmer Subject: FW: Did you get the email below?? Wanda Wise -Latta Executive Assistant City of La Quinta 760-777-7030 Office of the City Council 760-777-7100 Office of the City Manager 760-777-7101 Fax From: Jim Wisener [mailto:jimwisener@dc.rr.comj Sent: Thursday, June 16, 20112:05 PM To: Council Subject: Mr. Wimmer, The project as proposed should be postponed until more residents return from the summer so the residents have the opportunity to comment. This is a big issue for the voting residents at PGA WEST. The biaaer issue is the speed both ways down Madison. Madison is used as an informal raceway. I have personally seen cars speeding down Madison that would scare anyone. The city is exposed to some legal actions based the dangerous speeds permitted on this road. With budgets cuts, we all understand that it is too difficult to post police to monitor the speeds but PLEASE consider a 4 way stop sign where the Legends and Weiskopf gate are located. A 4 way stop light would be better but we understand that the cost is expensive. But a 4 way stop sign might benefit all. Thank you, Jim Wisener 80920 Weiskopf La Quints, Ca 92253 it 443 Ed Wimmer From: Jim Ammerman <rianammerman@gmail.00m> Sent: Thursday, June 16, 2011 2:55 PM To: Ed Wimmer Cc: Bob Brown Subject: PGA West Median Construction Regarding the Public Hearing on this subject Tuesday, June 21, we would like to request a postponement of this meeting to give us (the homeowners) a little more time to understand the exact nature of this project and to prepare our comments. Many PGA West residents have left for the summer and everyone deserves the right to be heard. Thank you, James & Rian Ammerman 80967 Spanish Bay 1 is 444 Lawrence Y.C. Leong 1044 N. Encanto Street Home:(714) 538-2734 Janice L. Pratte Orange, CA 92669 Fax (714) 538-2734 Larry's Cell: (714)227-5319 Janice's Cell: (714)469-6139 Email: LarrvLeonsl(MennedvJenks.com JLPratte@aol.com June 16, 2011 Attn: Thomas P. Genovese, City Manager City Council Members RE: KSL Land I, LLC Application for Requested Modifications Hearing Date: June 21.2011 Dear Mr. Genovese and City Council Members: AIX Via email citymanagersoffice@la-quinta.org ��►Ui� C AA We have received you Notice of a Public Hearing regarding the above noted issue and support the letter by Deborah Brill of the PGA West Fairways Association on every point. Upon reading this notice it seemed absurd that such a major action would be considered at a time when most residents are not present in La Quints. In addition to Ms. Brill's comments we would like to add that the inability of residents to easily exit the gated property is a major safety hazard on many counts. The first count is in case of a relatively major disaster that would cause all residents to attempt leaving the property simultaneously. With only a few avenues of egress, and most of them requiring a turn in a direction opposite of the most desirable, tragedies would occur. The second count; a right hand only turn onto Madison would cause every driver to turn left at their earliest convenience, either legally or illegally. More accidents would assuredly occur than any traffic signal could prevent. Additionally, what about the old adage "if it's not broken don't fix it"? At a time when financial resources are strained, why should any community consider such a useless expenditure?? Think again, please. Sincerely, Janice Pratte & Larry Leong 445 Wanda Wise -Latta From: Jlpratte@aol.com Sent: Thursday, June 16, 2011 1:16 PM To: City Managers Office Subject: Letter to Board re: June 21 meeting Attachments:. city council letter re madison right turn.doc Please find our letter to the LO Board regarding the PGA West traffic signal hearing sponsored by.KSL. Janice Pratte t r 446 Ed Wimmer From: paulamatosl@vzw.blackberry.net Sent: Thursday, June 16, 2011 10:23 PM To: Ed Wimmer Subject: No left turn onto Madison As a resident living full time on Spanish Bay in PGA West, I wish to say what a terrifically BAD idea a NO LEFT turn out of the Weiskopf Gate onto Madison is! 1 invariably use that gate to leave PGA West. What's south to my right? NOTHING. Whets to my left or straight ahead? ALL commercial areas, the freeway, access to all of the western valley and half my friends at PGA West. Plus, due to light traffic and clear visibility, its a safe and easily negotiated left turn. Sent from my Verizon Wireless BlackBerry Ed Mmmer From: Gloria Whitman <gwhitman@dc.rr.com> Sent: Friday, June 17, 2011 7:06 AM To: Ed Wimmer j Subject: Public Hearing Please postpone this hearing until further evaluation. 1 use the back gate on Madison and either turn left or go straight across to the Legends gate. A signal there sounds great if residents of PGA West can still turn left or go straight across the street. I feel forcing people to turn right and then make a U-tum to go North is not helping the situation at all. Thank you, Gloria Whitman PGA West 448 Ed Wimmer From: Brent Beeler <brentbeeler@gmail.com> Sent: Thursday, June 16, 2011 10:29 AM To: Ed Wimmer Subject: - Madison Ave changes My wife and I live in PGA West and do not support the proposal to change the turn lanes on Madison. Why would the City want to add an inconvenience to the residents? Please help us avoid making u turns on a busy street. Thank you, Brent Beeler 80355 Weiskopf La Quinta, CA 760 619 2544 t 449 Ed Wimmer From: Dan Rendino <danrendino@9rnai1.com> Sent: Thursday, June 16, 2011 2:48 AM To: Ed Wimmer Subject Proposal for Madison Ave Changes Dear Sir I have been made aware of the proposed no left turn on Madison form the Weiskopf gate at PGA West. I live on Weiskopf and feel that this addresses a problem that does not exist. I am not aware that there is any other comparable development that has such a restriction. It just makes no sense at all. Who is driving this and what is the accident data that shows that this is a major issue? Why is this an issue at all, and why is it being brought up when most of the residents are away? It would seem to me that if there were to be changes a traffic light would be a better solution and that KSL.should be responsible as they were the original developers. I urge you to vote against the current no -left turn proposal. At the very least,the proposal should be tabled until the majority of the residents are back in the desert, and can present their objections, which are numerous. Dan Rendino 760.880.3275 Sent from my Pad 450. Ed wmmer From: RASseltzer@aol.com Sent: Thursday, June 16, 2011 1:31 PM To: Ed Wimmer Cc: taecbrown@dc.rr.com; caseylq@vedzon.net Subject: KSL Hearing -Madison Signals Dear Sirs: Please accept this email as our full support of Deborah Brill's letter requesting a postponement of the KSL hearing until November 2011. The issues involved in KSL's request require significant study and input from the PGA West residents, input that is practically impossible to obtain in a timely manner with so many of our residents away for the summer (a fact well know to KSL and, no doubt, their motivation to request a hearing when residents/potential opposition are so widely dispersed geographically) KSL, having already booked their profits from the sale of lots at PGA West, is now proposing altering the traffic patterns within PGA West to the detriment of the residents, just so KSL can save money. To suggest that reducing their obligations at the expense of increased intra community trips, increased travel distance and time to go north on Madison, and increased inconvenience for the residents that bought their homes with the understanding of KSL's obligations is unconscionable) In the event that the hearing cannot be postponed I implore you to reject KSL application. Richard and Casey Seltzer W855 Weiskopf La Quints, CA 92253 503 709-8338 451 Ed Mmmer From: Phil Mitchell <pjniitchell@bendcable.com> Sent: Friday, June 17, 2011 8:58 AM To: Ed Wimmer Cc: 'Bob Brown' Subject: Madison Street Modification/KSL Dear Council Members,. This letter Is in regards to the request by KSL to terminate their previous obligations of traffic control on Madison Street south of Avenue 54. 1 am requesting that the council either continues the hearing until post November 201.1 or denies the motion by the applicant and requires the original conditions of development to be completed. My reasons are first, it is too obvious that the meeting has been scheduled at atime when it is common knowledge the residents of the area will not be available for objection or discussion due to seasonal travel and second, if the requirement of traffic control was put in place by the City as a condition of development why would there not be the need today for said traffic control after the development has been completed? it is very clear that the request by the applicant is slanted toward only the cost savings of the original requirements by the City compared to the proposed alternatives rather than the true traffic control and safety of Madison Street and subsequent streets off Madison Street The volume of traffic may not be as estimated prior to development by what about the speed of traffic on Madison Street? Raised medians do not resolve speed issues. Thank you, Phil Mitchell 80841 Spanish Bay La Quints, Ca 92253 1 452 - -ATTACHMENT 12 KSL Land I, LA C Via Facsimile g6JO 777,7155 and email October m,zii Tim jonassan Director, Public Works Department: city of I'a Quinn 78495 We Tampico IA Quanta, CA 92253 Re; PGA West/ Release of Improvemeat Obligations RequestIpIromfirmalge Dear Mr. Jorkasson; Folowing up on the meeting with staff on October $, 2W, please consider this a formal request fora two week continuance of our currently scheduled November 1, 2O11 City Council hearing to November 15,2011, so You are aware, much of the updated Wft counts requested by the City have been completed, and the updated report. (also containing the requested additional analysis) is in process, Once that report is completed, we WHI subx*a, copy to the, City- Shortly there�,. we wX plan on meeting with the BOA and provide you with an update ori anything that comes from that meetxtt� We believe this will allow us tbmeet all of the City's requests, with only a two week extension of the scheduled bear -mg. Also, we are not requesting any action on the part of the City in connection with the Kingston Reath Obligations at this time, andso they would not need, to be addressed at the hearing. We appreciate your continued, cooperation and if you haveany questions, please do not hesitate to contact me, Sincerely, Chmtsea/ V.P. Development &I Ed Wilftmer Doug Yavaoian Jim R*drigue 2106 Cos�ta,Del Mar Rmd, Carlshad, CA 9200 Offioz:76(439-9111 Ext.4423 453 ATTACHMENT 13 O O LL b v N N r L cu V) L �0 c� G Q v 0 L 0 Y ro 41 a S o S o S o S o V1 V V M M N N (salnuiyy-apiyaq)Aelap uoipasialul S F- r o 454 ATTACHMENT 14 c 0 v L v c a 0 Y N N L Y N N � C aj 0 L •= pl r6 Q L 0 2 Y fu 41 a m L a 0 0 0 0 0 0 ^ 0- O p ,! 0 V V M M N N - c m u E 455 (sa3nuiW-apiyaN Aelad uoipasialul ::t 13 2011 11:48RM HP LRSERJET FAX ATTACHMENT 15 Madison Access Committee Recommendation to VGA West Residents Instructions: Review the petition below. Sign your name, date, Include your PGAW address and FAX ffilromm only to 760-771-5125, OR to submit your petition electronically go to htto•//www oaawest /Petition for Madison Street Access htm and complete the form. PGA WEST RESIDENTS' PETITION TO THE LA QUINTA CITY COUNCIL/KSL LAND 1, LLC HEARING The PGA West residents' committee has reviewed the traffic control plan recommended by KSL for Madison Avenue, Airport Avenue, and 58s' Street and has made the following recommendations: 1. Install a traffic signal at the Winged Foot/Laurels/ Eagle Bend Gate instead of a worm barrier, when traffic density warrants it. 2. Install a traffic signal at the Weiskopf/Legends Way Gate instead of a worm barrier, when traffic density warrants it. 3. Install a modified "pork chop" at 58", when warranted by traffic density, to enable residents to go north Into the Summit/Legends from 58th 4. All Norman Gates both on Madison and Airport would remain the same as constructed. I have read the committee's report and hereby petition the City Council to incorporate the above requirements Into any amended agreement with KSL, which changes their existing obligation to Install signals and road improvements on Madison, Airport and 581h Street. These recommendations are necessary to guarantee residents will be able to make safe left tums out of PGA West to proceed north on Madison. These stated requirements are in keeping with traffic safety standards and also facilitate the safety of the numerous vendors now utilizing these exits onto Madison, I endorse this petition and the committee's presentation of our name and recommendation to the City Council. Please sign: Signature: Ic %1C�&_ Please Print Your Name: 1 e PIN R D C M Q; i I Date: / L) 1 ,? -a: a 41 Your PGA West Address: FAX this page to 760-771-5125 456 ATTACHMENT 16 1/9/2012 Madison St. Traffic Plan Recommendation to the LQ City Council 12/21/2011 Madison Street Access Committee Madison St. Access Committee Members ► PGAWest Residents Rich Stenton — Chairman e Dave Turner —Co-Chair > Judy LeBlang — Secretary , Dick Moore — President of Res I Mery Kirshner — Developer Karen Pelletier > George Harmina > Kathy Foord s Paula Matos ► Griffin Ranch > Dayton Dickey 1 45l 1/9/2012 Agenda ► Our assessment of the situation ► Our objections to the worm medians and why ► Our recommendations & ballpark cost ► Petition results which show that the residents back our recommendation ► Our request of the City ► Situation Overview .... ........... . ... .................. . 458 1/9/2012 Winged Foot Gate Exit Counter Data is Consistent with Transponder Entrances Count Off Season Exits 300 250 200 150 100 50 0 ® source: Exit data is from a Counter • Average daily exits 171, consistent with transponder entrance data AY Daily Tnmpondc Enovw:ex 173 • Inseason,exits estimated to be 253 "its/day . ,t 459 3 1/9/2012 Weiskopf side of the Weisk/Legends Gate Exits are over Twice the number of Entrances Exits (counter) Average daily 450 l- -- - exits 233 are 400 �___ ____.--- __— _-_..--_..-- twice the number 1 of entrances, 108 350 1 — -- 300 In season, exits 250 ------ - - - estimated to be 456 exitslday 200 ----- - - - - - - - - ISO -- Av Daiy Tnmpwde 100 En=mrc 108 soy S _ y Source: Ezit counter West side exit traffic 800 700 600 500 400 300 200 100 Dec.10 vs Jan -I I vs Feb -I I vs Mar -I I vs Jul -I I Aug -I I Sep -I I Ott -I I, Source: Transponder & Counter Data --Estimated In Season Exits -+-Estimated DOS Exits 4 460 1/9/2012 Average daily # of vehicles that would be forced to take dangerous U-turns Actual' ,Estimated. Actual°: Estimatedrt Erwanees=.: ` Exits Entrances West side. side.. 465 676 - 312 421 -gates eanpl"eesr Total 555 766 329'511. Source: Transponder Data & Counter 5 t 461 1/9/2os2 Alternatives to Forced U-turns t Res I employees (no transponder access) South on Madison, east on Airport, north on Monroe, west on 54th Adds 3.87 miles to their commute s Residents who would normally exit the Winged Foot or Weiskopf Gates • Exit the Stadium or Spanish Bay gates, right on 54rh to Madison • Adds 2-3 miles to their commute at 20 mph (vs. 50 mph on Madison) h Large vehicles that can not make a U-turn Adds 2.6 - 4 miles to their trip In our situation, worm medians produce virtually NO savings in accidents Ever) ifyou believe the accident rates Endo quotas, due amonatt of savings in accidents does not justify the imposition caused by worm medians Tonal U-uans per Ymr: 223.603. 540.5 aveaege daily U-turns (the avaage of 676 in season exiu & 421 off season exi[z) x 365 = 200,203 U-1a rs in a year Plus 33.40) U-turns from Res I vartic 9 average daily U-turns x 260 days per year It would nits 45 years to get to 1 million coming vehicles. Using Endo'ssavings in accident rates of 0.T7 acddens per million turning vehicles. it would take us 5.8 years to save one accident! - 3.34 per million turning vehicles for 4-legged intersections with conventional openings such as those at Winged Foot/Griffin Way & Weiskopl/Legends. minus 2.57 per million turning vehicles with worm medians - It's not as though wed be going from 5 accidents a year to I or tent. Installing worm medians producer virtually no improvement: in safety. Given the paltry improsenent in safety. wiry would it be worth dividing the community and angering the residents!.. Soumc l lMll i Endn Englneerint UpdatedTN cSwd%M I6 to 46G 6 1/9/2012 East Side Legends Gate, Actual Exits (Counter) Exits --------- aged 700------------ Aver 543 600 --- --- — - —. exits/day for November 1.30 500 400 1... - - - - - - 300 - - - - - - - - - s Exits 200 - -._.. -_ .._ - - - - -- 100 -� - - - - - - - 0 .4 - - . MI N C P PI N 1z P N N N ;z N D Nose: mmver hose was found d'ism ected w 11/3111 A 463 7 1/9/2012 Additional Safety Issues ► Large vehicles can not make the U-turn ► Enforcement issues ► Growth in traffic density on Madison Large Vehicles & Landscape Trucks with trailers can not make the U-turn Large vehicles (some fire engines, trash, landscapers with trailers. RVs) can't make a U-turn Captain Gil Barrier said some fire engines can't make the U-turn Jose Aguilera ofJAG Gardening/Landscaping and Greg Gritters of Vintage Landscape state they cannot make the U-turn at Airport Avenue without starting out in the traffic lane (which is a traffic hazard) when coming from Legends to Weiskopf gate. f I,. I' a ► It 464 8 1/9/2012 Endo Engineering's Solution to the large vehicle issue Large vehicles going from Weiskopf to the Legends would have to go 2.6 or 4 miles out of their way y 465 W 1/9/2012 Enforcement Issues ► Traffic on Madison is often going at rates of speed significantly in excess of the posted speed limit - Do a"blind' study of traffic speed on Madison When sitting in the left turn lane it is hard to judge the speed of oncoming traffic, especially after dark . Sitting in the Winged Foot or Weiskopf gates at least gives you better perspective to view the amount and speed of oncoming traffic ► Vehicles & police enter worm medians the wrong way to make illegal left hand turns ► This makes U-turns even more dangerous a We believe that, as the amount of traffic increases on Madison, those of us who have to exit PGAW will need signals in order to safely make a left hand turn Accident Rate per Million Turning Vehicles Worm Medians signals Endo Eng worn median 10 Density of traffic and speed of traffic on Madison a 10 NOE 1•S 1/9/2012 Tract Map Conditions allow for full turn movements ► Griffin Ranch #60 Primary Entry (Madison Street): Full turn movements in and out are allowed. ► Winged Foot Gate #26 ... a traffic signal shall be installed when traffic conditions warrant installation. The Applicant shall participate in 100% of the cost of the traffic signal. ► Legends Gate #35 Full turning movements shall be allowed at the main gated entrance located on the east side of Madison, approx.'/2 mile south of Airport Blvd. ..... ...... Situation Summary y The Madison gates are critical to our community Residents & Emergency vehicles on the West side of Madison only watt to go north (left onto Madison) Adding worm medians would prevent this 90-100 cars/day from Res I are already making U-corns at the Winged Foot gate adding to safety issues In royal, an unacceptably large number of vehicles would be forced to make dangerous U-turns Large vehicles (fire, crash, landscapers with trailers, RVs) can[ make a U-turn r Residents and vendors on the East side of Madison want to be able to cross Madison and stay connected to the rest of PGA West Adding worm medians would close them off from the rest of PGA West PGA West homeowners who bought houses east of Madison did so with the understanding that there would be ease of access to the Club and facilities via the back gates. By eliminating this access. resale values of their homes could be affected. Large vehicles (some fire, trash. landscapers with trailers. RVs) can't make a U-turn y Long term growth plans along Madison will make planning for future signals even more critical it 1 461 11 1/9/2012 Reasons our situation is different from other areas of LQ with divided or "worm" medians They can avoid taking U-turns by taking a left, then another left. We can't without going way out of our way. i, They can get to everything they need by taking either a right or a left We can't. We only go north. i, On a.3 lane roads like Jefferson, they can take a U-turn if they have a large vehicle. We can't. o They are protected while taking a U-turn by a left -turn signal. We would be • Turning without the protection of a signal • Turning into traffic going 50+ mph 468 12 1/9/2012 Our Objections to the "worm medians" ► Safety r Making U-turns anywhere isn't safe, let alone into oncoming traffic that is often traveling at a rate in excess of the 50 mph speed limit Even Endo's data reveals that there would be virtually NO improvement in safety with worm medians Saee appox. are acciderc in 5A years Why divide and in xi.ience the community for this! Emergency runs to the hospital would be forced out of their way when every second counts & put them in a dangerous U-turn situation > Large vehicles (some fire engines, garbage trucks, landscapers with trailers, RVs) would not be able to complete a U-turn Motorists and police entering the worms the "wrong" way add to the risk of accidents Our Objectives ► Promote public safety Preserve the ability of emergency vehicles to go north onto Madison They may not be able w complete the turn even if they enter the warms the ..wrong waY. Enable residents to go north onto Madison without risking U-turns Enable residents on the east side of Madison to safely connect to PGA West ► Give the City a long term plan that residents would support Price out the cost for a KSL buyout .0 . 469 13 1/9/2012 Our Recommendations 8s Rationale t Do nothing on Madison until warranted by traffic or accidents Installing worm medians now is not needed and makes us no safer It may take 10-15 years before any traffic control is needed y Leave the tract maps os conditioned for Winged Foot/Griffin Ranch & Weiskopf/Legends Way Keep residentspreferred method of handling long term traffic growth on Madison enshrined in the tract map. 913 PGA West & Griffin Ranch residents support this recommendation via their signed petition. 5 signals along Madison (at 541 `,Winged Foot/Griffin Ranch,Airpom Weiskopf/Legends Way & 58`^) meet La Quinta's minimum distance requirement between signals Synchronizing the signals should not slow traffic a Modify the "pork chop" on SP to enable residents to go north into the Summit/Legends When the traffic density warrants it investigate the use of synchronized signals or a turn lane at the Winged Foot/Griffin Ranch & Weiskopf/Legends Way gates Ensure U-turn capability for Res I employees i Estimated Cost for Buyout Madison: ' TOTAL n f- Obbganons *' KSL ORert SDdf between a 'Demand' �Neetled r underTrac[�f tX'3 et ev t+ wWhat's r k y9y^4s Requestn S, aa' " u a'"Maps.n s r;{y'Needed p tL #29in.1131. t 31,000 31,PW --32ZSW . 30,000. I'm oeinooe is W eonaauonea;. a Modffi:d Pock chop ... ... .0 nd #200 lanmope& 963,500 963500 %3,SW 963.500 - 'G Wi ®eldon& SB^ ConvmTlffund - 594232 �._' (59A232) TOTAL 860000 1.11 &500 N A361,000 1,74Z732 111,768 14 11 - 410 1/9/2012 Summary o Our request is that the City NOT approve worm medians or any traffic control device on Madison that would force us to take dangerous U-turns NOT accept the Endo Engineering traffic study to justify amending the existing conditions Modify the"pork chop" planned for 581h Investigate alternatives (turn lanes/traffic signals) when needed i, Thank you Backup Slides � Seasonality � Entrancelransponder data i, Exit, Counter data a 15 471 1/9/2012 Soo - . -�-�_ ——' __ —in Season 475/day _ —Jul-Oct 54%of- _ 300 -----peak- ---- 200 _.-- --------_..--- 100 __..__. Jul -I I" 0ec-10 Aug -II vsja lI Sep- II vs Feb ll Oct -II vs Mar -II D Source:Master AssocTransponder Data Transponder Counts Average Daily Entrances 300 ------------- 269, up +17% vs July 250 1.__ 239 _.---.- 231--._219 iee 204, up +24%vs July 200 ISO 100 so 164 173 —legends Gate --Winged Ft(Laurels 108 ---Wieskopf Gate (#8) up +45% vs July July August September October A Source: PGA West Master Assoc., Security Dept. 16 to 472 1/9/2012 East Side Traffic - Transponder Entrances, Legends Gate 450 413 0 351--- ---- 300 �— . ---- - ---- -239- 250----—--- _,� —In Season 200----------_-..-__._ -_.- _. ._.._.__ --Out of Season I50 i----- 100 i---- ------ ------ ---.-__-_..__- i -- 50---------- 0—------------------ Dec-10 vs Jul-] I Jm-I I vs Aug -I I FeW I vs Sel3-I I Mr-11 vs Ott -I I 0 Source: Master Assoc.Tmnsponder Data Transponder - Entrances Raw Data Po w19l W A CM aF T . OattVm' Fle SPf1A[[m 61e um..1010 2?69 Y+b t0,ei3 Cme Saoury 11 35II ASM 13.C6F Gu £ 5011 33N 8963 IIS_l The Weiskopf Gate is 5.. vtt wwz911 :6u 10129 1 ' Madison Gate#8 Rew6ttzol9 WA +911 +11 1 3011 A 3.9N 590{ FeMurv2011 , A 5}9_ ]}6] ' Narti3011 )!A 6A3 6A5 The Winged Foot Gate is the Laurels Gate O.tt m�. Drcmbn2010 INA laruuv3011 NA 6823 6,6]) IAIpVCtt 2411" DVA 6.6'6 6.6Y ' (Me Mua43011 WA St i.UA fury y011 116: 56_ i+ 2011 1,{55 S,iC9 3i b+ U-i 3.136 63'9 pue L656 b.693 BS{: ' Lx Cnm 206 Yi36 10903 man w, 2011 A ]319 3}19 HA 3' 33 A 5}5 1J5 V'A '16fl I6A Ove . 11 VA ,G9i A9' JASpymtt VA b}33 6}3Z Gte VGA 1�i3 i+lf Source: PGAWest Master Association Security Dept 17 473 1/9/2012 Exit (Counter) Data - Winged Foot Gate Exit (Counter) Data - Weiskopf &, Legends Gates wml 29, 141 WN M 146 Iwil I M 117 I&MI I "S Iwul I "1 1911 Iw31i11 Idi 523 IwIll M 1" 11,1111 .01, w IMI I +16 III 11/ 11 5006 wi twill N6 M 111311116n—'kuNMcnmal IWIWII 4111 224 hull 1"2 ni W11111 +19 111 Ilmil $75 4n tWIvII 4W w llitill 875 4M IWIVII 451 zu limit 076 438 IWIVII 452 126 11011 1012 IN, IWIVII 40 M limit 1006 wa IWIVII ko M 11"Wil 9x M 1W1,111 1W 33U 111W11 12" .5 ]WIVII "71 IWIM, 674 �;J` 927 IU3WII M as Illivil In IN Ini'll NO 230 Illivil [I'Dit wI 1=11 "7 w 11111,11 IM 5" WINII *17 2V MVII NB w 18 to 414 1/9/2012 Where do these average daily vehicle numbers come from? 'AI;v2al £svmated E2ars Entrances West side gates 465 (a) 06(b) Res 1 employees � t ry7" .Total- 555 Mar -I I Weisk Gate aansponder entrance data 211 b. Mar -I Waisk Garc mnspoMer data 211 Mot Marl I Winged Foot tr no,o dw 2b ndlusted be.. ealta art swig entrances 211 Total 45 Nos Mar- I l Winged Foot transponder data 25A Total 676 475 19 4kyU Pj aJ Madison Street Access Committee Petition Sienatures as of 1/15/2012 A total of 919 signatures were collected, online & via fax • They were purged of duplicates • Multiple property owners were listed once for each of their properties A sample of the signed petition is included. Petition Copy PGA WEST RESIDENTS' PETITION TO THE LA QUINTA CITY COUNCIL/KSL LAND 1, LLC HEARING The PGA West residents' committee has reviewed the traffic control plan recommended by KSL for Madison Avenue, Airport Avenue, and 58th Street and has made the following recommendations: 1. Install a traffic signal at the Winged Foot/Laurels/Eagle Bend Gate instead of a worm barrier, when traffic density warrants it. 2. Install a traffic signal at the Weiskopf/Legends Way Gate instead of a worm barrier, when traffic density warrants it. 3. Install a modified "pork chop" at 58th, when warranted by traffic density, to enable residents to go north into the Summit/Legends from 58th. 4. All Norman Gates both on Madison and Airport would remain the same as constructed. I have read the committee's report and hereby petition the City Council to incorporate the above requirements into any amended agreement with KSL, which changes their existing obligation to install signals and road improvements on Madison, Airport and 58th Street. These recommendations are necessary to guarantee residents will be able to make safe left turns out of PGA West to proceed north on Madison. These stated requirements are in keeping with traffic safety standards and also facilitate the safety of the numerous vendors now utilizing these exits onto Madison. I endorse this petition and the committee's presentation of our name and recommendation to the City Council. Please sign: Signature: Please Print Your Name: Date: Your PGA West Address: FAX this page to 760-771-5125 :� 476 Oct 18 11 0228p W. Richard Mills 8 Cc Inc 760-777-1255 p.1 Instnictlons: Revlewthe petition below. Sign your name, date, include your PGAW address and FAX this nape on/v to 760-771-512S, OR to submit your petition electronically go to htto,//www oeawest o /Petition for Madison Street Accesshtm and complete the form. PGA WEST RESIDENTS' PETITION TO THE LA QUINTA CM COUNCIL/KSL LAND 1, LLC HEARING The PGA West residents' committee has reviewed the traffic control plan recommended by KSL for Madison Avenue, Airport Avenue, and 58a' Street and has made the following recommendations: 1. Install a traffic signal at the Winged Foot/Laurels/Eagle Bend Gate instead of a worm barrier, when traffic density warrants it. 2. Install a traffic signal at the Welskopf/Legends Way Gate Instead of a worm barrier, when traffic density, warrants -it.----- - 3. Install a modified "pork chop" at 580', when warranted by traffic density, to enable residents to go north Into the Summit/Legends from 58"'. 4. All Norman Gates both on Madison and Airport would remain the same as constructed. I have read the committee's report and hereby petition the City Council to Incorporate the above requirements into any amended agreement. with KSL, which changes their existing obligation to install signals and road improvements on Madison, Airport and 58th Street. These recommendations are necessary to guarantee residents will be able to make safe left turns out of PGA West to proceed north on Madison. These stated requirements are in keeping with traffic safety standards and also facilitate the safety of the numerous vendors now utilizing these exits onto Madison. I endorse this petition and the committee's presentation of our name and recommendation to the City Council. Please sign:. �� n Signature:.. Vim. Please Print Your Name: %w.R\�,tNX% Yn�\J-s Date: ko -y&-\� Your PGA West Address: %\-COG —S WiX.Cii W-wvL. VA c1u1&TR, COS. 0%4a43 FAX this page to 760-771-SM 471 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 1 Kathi Urie 55611 Pinehurst 10/7/2011 16:29:51 2 Greg Goldfinch 54416 Southern Hills, LaClunita, CA 10/7/2011 16:31:50 3 Karen Pelletier 54526 Southern Hills 10/7/2011 16:32:20 4 Steve Ruggles 54805 Inverness Wy, La Quinta, CA 10/7/2011 16:35:56 5 Michael McCormack 55-027 Tanglewood 10/7/2011 16:39:06 6 Richard Lahey 54-607 Riviera 10/7/2011 16:39:07 7 Daniel Zeising 54913 Riviera La Quinta, CA 92253 10/7/2011 16:42:21 8 Barbara Jean Reidy 54691 Riviera 10/7/2011 16:44:35 9 Joel delman 54-769 Oak Hill 10/7/2011 16:46:09 30 Karen Holm SSS90 Cherry Hills, La Quinta, CA 92253 10/7/2011 16:47:49 11 Richard Scheffer W56 Southern Hills, La Quinta, CA 92253 10/7/2011 16:48:23 12 Michael Dinneen 80471 Oaktree 10/7/2011 16:49:34 13 Merl Boisen 54-503 Shoal Creek 10/7/2011 16:53:58 14 Rod Stephen 54018 Riviera 10/7/2011 16:53:59 15 Ernie Mauritson 54-562 Tanglewood (Palmer Residential) 10/7/2011 16:54:08 16 Sharon Stephen 54018 Riviera 10/7/2011 16:54:21 17 John Richart 54981 Southern Hills 10/7/2011 17:02:58 18 Jack Morris 55-296 Big Spring 10/7/2011 17:05:16 19 Georgia Morris 55-296 Big Spring 10/7/2011 17:05:16 20 Jeff Robinson 56-163 Pebble Beach 10/7/2011 17:13:40 21 Michael Goad 54766 Inverness Way 10/7/2011 17:16:45 22 Jeffrey Long 55-305 Pebble Beach, La Quinta, CA 92253 10/7/2011 17:19:09 23 BARBARA HOWARD 55213TANGLEWOOD 10/7/2011 17:21:01 24 George Orteig 55164 Southern Hills, La Quinta CA 92253 10/7/2011 17:21:24 25 Juane Bale 55177 Firestone 10/7/2011 17:22:54 26 Edward Beron 79970 Cedar Crest 10/7/2011 17:24:52 27 Bette Beron 79970 Cedar Crest 30/7/2011 17:27:41 28 Bill An 80757 Bellrive La Quinta 30/7/2011 17:45:45 29 Stephanie Allen 54-636 Oak Tree La Quinta, CA 92253 10/7/2011 17:52:08 30 Marjorie Malishka 54636 Southern Hills, La Quinta CA 92253 10/7/2011 17:52:47 31 Walter Malishka 54636 Southern Hills, La Quinta CA 92253 10/7/2011 17:53:21 32 Marilyn Ginsberg 55142 bSOuthem Hills 10/7/2011 17:59:42 33 Lloyd Ginsberg 55142 SOuthem Hills 10/7/2011 18:00:16 34 Mark Ginkel 54721 Inverness Way, La quinta CA 92253 10/7/2011 18:13:28 35 Marcy Ginkel 54721 Inverness Way, La quinta CA 92253 10/7/2011 18:14:02 36 Heidi Bendokas 54-613 Tanglewood, La Quinta, CA 92253 10/7/2011 18:24:45 37 Richard Moore 55-813 Congressional 10/7/2011 18:31:13 38 Charles Gilmore 54054 Riviera, La Quinta, CA 10/7/2011 18:46:29 39 Charles Borgerding 54639 Southern Hills 30/7/2011 19:07:04 40 Janet Pitman 55348 Firestone 10/7/2011 19:09:52 41 Marvin Landon 54424 Tanglewood, La Quinta, Ca 92253 10/7/2011 19:21:47 42 Anita Madison 54853 Oak Hill 10/7/2011 19:30:54 43 Joseph Williams 80495 Oak Tree, La Quinta, CA 92253 10/7/2011 19:46:15 44 Marc Berger 54235 Shoal Creek 10/7/2011 20:25:46 45 Rita A Berger 54235 Shoal Creek 10/7/2011 20:26:04 46 Ralph Cicurel 54-307 Southern Hills 10/7/2011 20:32:25 47 Paula Turner 55-327 Firestone, La Quinta 10/7/2031 20:35:26 48 Linda Rae Shea SU14 Oaktree 10/7/2011 21:02:14 49 maur4ice holman 54773 Inverness 10/7/2011 21:16:27 50 Maurice Holman 80526 Spanish Bay 10/7/2011 21:24:20 51 Robert MacDonald 54770 INVERNESS WAY 10/7/2011 22:22:10 52 Robert Witmeyer 57504 Southern Hills 10/7/2011 22:25:34 53 Kathy Aposhian 54958 Inverness Way 10/8/2011 3:56:50 54 Jjoseph Giwoff 54468 Shoal Creek 10/8/2011 4:03:16 55 Christine Giwoff 54468 Shoal Creek 10/8/2011 4:04:08 56 Martin Rakowitz 54623 Inverness Way La Quinta, CA 92253 10/8/2011 5:26:26 57 R. Jeffrey Preston 54614 Southern Hills 10/8/2011 5:49:35 58 James Williams 57870 Troon Way, LQ, 92253 10/8/2011 5:59:22 59 Larry Mcnabb 80364 hermitage 10/8/2011 6:38:12 60 Alex Gonzalez 79722 Arnold Palmer, La Quinta 92253 10/8/2011 7:25:23 61 John Langhans 54-785 Firestone 10/8/2011 7:31:37 1 of 16 -it 418 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 62 Ronald Sommer 54-157 oak Hill 10/8/2011 7:43:21 63 Cheryl Sommer 54-157 oak Hill 10/8/2011 7:43:58 64 Germaine Hoston 54717 Inverness Way, La Quinta CA 92253 10/8/2011 7:49:30 65 Charles Sample 55153 Tanglewood, La Quinta 10/8/2011 8:02:51 66 William Wray 54460 Riviera 10/8/2011 8:14:31 67 Eddie Langert 54760 Tanglewood 10/8/2011 8:24:23 68 William Fennell 55-452 Laurel Valley 10/8/2011 8:25:28 69 Georgean Fennell 55-452 Laurel Valley 10/8/2011 8:26:18 70 Jean Gilchrist 551050ak Hill 10/8/2011 8:46:40 71 Warren Fox 79808 Arnold Palmer 10/8/2011 8:52:48 72 Glenn Miller 81185 Kingston Heath 10/8/2011 9:04:13 73 Charles Crookall 546370ak Hill 30/8/2011 9:14:02 74 WILLIAM ERBE 54722 INVERNESS WAY, LA QUINTA, CA 92253 10/8/2011 9:23:55 75 Richard Kessler 54-533 Southern Hills 10/8/2011 9:29:34 76 William Pelletier 54526 Southern Hills 10/8/2011 9:40:19 77 Joseph Dooling 54-505 Oak Hill, La Quinta, CA 92253 10/8/2011 9:55:29 78 Bruce McLellan 542280ak Tree 10/8/2011 10:13:14 79 George O'Leary 56223 Pebble Beach, La Quinta, CA 92253 10/8/2011 10:23:16 80 Kathleen Miller 81185 Kingston Heath, La Quinta, CA 92253 10/8/2011 10:29:57 81 Carl Welty 54-765 Inverness Way, La Quinta, CA 92253 10/8/2011 10:43:18 82 Michael Creighton 54-508 Inverness Way 10/8/2011 11:32:01 83 Patricia Creighton 54-508 Inverness Way 10/8/2011 11:32:01 84 George intemann 54976 Tanglewood 10/8/2011 11:41:18 85 John Wilkes 54-657 Southern Hills 10/8/2011 12:14:57 86 Avis MacDonald 54295 Rivieria 10/8/2011 12:24:20 87 Patti Fogarty 54863 Shoal Creek, La Quinta 92253 10/8/2011 12:26:43 88 Don Fogarty 54863 Shoal Creek, La Quinta 92253 10/8/2011 12:26:43 89 Plummer Okhui 55114 Firestone La Quinta, CA 10/8/2011 12:41:04 90 Michae Sandler 81360 National Drive 10/8/2011 12:55:51 91 Nancy Berman 54809 Inverness Way, La Quinta CA 92253 10/8/2011 13:17:29 92 Jeffrey Berman 54809 Inverness Way, La Quinta CA 92253 10/8/2011 13:17:46 93 Valentin Fernandez 80740 Hermitage 10/8/2011 13:20:17 94 Charles De Marais 54-553 Oakhill 10/8/2011 13:27:03 95 Sydney Brown 54-535 Winged Foot, La Quinta, CA 10/8/2011 13:52:26 96 Cathy Condon 578261nterlachen 10/8/2011 14:02:36 97 Gary Feldbau 57285 St. Andrews 10/8/2011 14:23:56 98 warren newman 80869 Bellerive 10/8/2011 14:32:24 99 Tony Serva 54515 Winged Foot 10/8/2011 15:06:46 100 Vicki Serva 54515 Winged Foot 10/8/2011 15:07:39 101 daniel shubin 55056 oaktree 10/8/2011 15:32:25 102 Toby Warson 54588 Oak Tree, LaQuinta, CA 92253 10/8/2011 15:54:53 103 William D. Davison 81375 National Drive 10/8/2011 16:08:57 104 Muriel Males 55151 Laurel Valley, La Quinta, Ca. 92253 10/8/2011 16:17:15 105 Robert Males 55151 Laurel Valley, La Quinta, Ca. 92253 10/8/2011 16:20:58 106 WALT OSGOOD 55-063 INVERNESS WAY LA QUINTA, CA. 92253 10/8/2011 16:42:11 107 JOANNE ITALIANO 79824 ARNOLD PALMER 10/8/2011 18:34:49 108 Werner Zehnder 54979 Laurel Valley, La Quinta 92253 10/8/2011 18:38:15 109 Susan Zehnder 54979 Laurel Valley La Quinta CA 92253 10/8/2011 18:50:23 110 Mary Rathjen 55834 Brae Burn 10/8/2011 18:54:19 111 Kurt Rathjen 55834 Brae Bum 10/8/2011 18:54:19 112 David Wall 81535Tiburon Drive 10/8/2011 20:35:44 113 James Sorenson 55802 Brae Burn La Quinta 10/8/2011 21:08:53 114 Mary Jane Curley 55115 Laurel Vallet, La Quinta, CA 30/9/2011 0:09:20 115 Denis M. Curley 55115 Laurel Valley, La Quinta, CA 92253 10/9/2011 0:11:21 116 Douglas Hamilton 54595 Winged Foot, LaQuinta, CA 92253 10/9/2011 5:38:55 117 Douglas Hamilton 54595 Winged Foot, LaQuinta, CA 92253 10/9/2011 5:54.02 118 Edith Hamilton 54595 Winged Foot, LaQuinta, CA 92253 10/9/2011 5:57:30 119 Scott Sherman 55362 Pebble Beach La Quinta, Ca. 92253 10/9/2011 6:20:18 120 Sharon Lighterink 55154 Laurel Valley La Quinta, CA 10/9/2011 6:34:48 121 Reggie Lee 803270ak Tree 10/9/2011 7:09:48 122 Linda Scheffer 54856 Southern Hills 10/9/2011 8:18:29 2 of 16 t 47 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 123 John chadwick 54271 southern hills 10/9/2011 8:20:49 124 PATRICK BOLGER 81250 GOLF VIEW DRIVE, IA QUINTA 92253 10/9/2011 9:00:04 125 COLLEEN - BOLGER 81250 GOLF VIEW DRIVE, IA QUINTA 92253 30/9/2011 9:00:57 126 Sherry Collins 55-276 Firestone 10/9/2011 9:01:58 127 Anne Higgins 81075 Legends Way 10/9/2011 9:16:56 128 Betsy Tapper 55366 Firestone 10/9/2011 10:05:49 129 Edward Tapper 55366 Firestone 10/9/2011 10:06:08 130 evan schiller 54395 Winged Foot 10/9/2011 10:57:26 131 Glenn Woody 55-365 Riviera 10/9/2011 11:32:43 132 John Tracey 57292 Merion 10/9/2011 12:06:36 133 Linda Warson 54588 Oak Tree 10/9/2011 12:27:16 134 Patty Hutzley 57295 Interlachen La Quinta, Ca. 92253 10/9/2011 13:00:14 135 Robert Albright 56110 Pebble Beach 10/9/2011 13:53:30 136 Judith Albright 56110 Pebble Beach 10/9/2011 13:53:30 137 dee smith smith 91110 shinnecock hills' la quinta, ca 92253 10/9/2011 13:58:28 138 Pat Brady 55695 Brae Burn 10/9/2011 14:28:24 139 Nancy Herman 80690 Weiskopf 10/9/2011 14:32:01 140 Michael Herman 80690 Weiskopf 10/9/2011 14:32:01 141 Mark Smith 80420 weiskopf 10/9/2011 15:16:53 142 Moore Roslyn 54-658 Southern Hills, La Quinta CA 10/9/2011 16:16:23 143 BOB HOFFMANN 57845 BLACK DIAMOND LA QUINTA, CA 92253 10/9/2011 19:08:34 144 JANINE HOFFMANN 57845 BLACK DIAMOND LA QUINTA, CA 92253 10/9/2011 19:09:09 145 Robinson Michael 55174 Shoal Creek 10/10/2011 5:46:59 146 Lisa Holzwarth 54395 Winged Foot, La Quinta, CA 92253 10/10/2011 7:26:37 147 Glenn Mawos 54730 Inverness Way 10/10/2011 7:35:28 148 MATTHEW DeBasio 55126 Firestone 10/10/2011 7:56:21 149 Thomas Barrett 80112 Riviera —La Quinta, Ca. 92253 10/10/2011 8:48:35 150 Carol Gile 56690 meron, La Quinta Ca 92253 10/10/2011 8:54:01 151 Rex Dixon 79370 Canterbury, La Quinta CA 92253 10/10/2011 9:25:11 152 barbarajo kirshbaum 5459 oak hill 10/10/2011 9:37:49 153 Tim Freeman 54363 Inverness Way 10/10/2011 9:56:40 154 Patricia Kinley 54438 Southern Hills 10/10/2011 10:40:25 155 joann thorson 55237 tanglewood 10/10/2011 10:48:04 156 Mike Oppenheim 55237 Tanglewood 10/10/2011 10:48:39 157 Jean Thorson 55237 Tanglewood 10/10/2011 10:49:05 158 Edward White 54-339 Southern Hills, La Quinta 10/10/2011 10:56:25 159 Stephen Kanyr 54924 Riveria 10/10/2011 10:56:57 160 Gloria Lee 55873 Congressional 10/10/2011 11:16:18 161 Barry Lynes 54456 Shoal Creek 10/10/2011 12:47:40 162 Valerie Haslam 56235 Jack Nicklaus 10/10/2011 13:07:13 163 Gary Haslam 56235 Jack Nicklaus 10/10/2011 13:07:36 164 Jack Gianelli 80441 Oak Tree 10/10/2011 13:14:25 165 Bette Gianelli 80441 Oak Tree 10/10/2011 13:14:25 166 Charles Reed 55-307 Winged Foot, La Quinta, CA 92253 10/10/2011 13:28:59 167 Carol Reed 55-307 Winged Foot, La Quinta, CA 92253 10/10/2011 13:28:59 168 Presley Whidden 55-331 Winged Foot 10/10/2011 13:44:54 169 HERMAN MICHAEL 80690WEISKOPF 10/10/2011 13:51:30 170 Tom Whidden 81225 Muirfield Village 10/10/2011 14:09:46 171 Gayle Evans 55301 Winged Foot 10/10/2011 14:10:13 172 Francis Brady 55695 Brae Bum 10/10/2011 14:26:35 173 Margaret Brady 55695 Brae Bum 10/10/2011 14:27:42 174 Phyllis Moore 55-813 Congressional 10/10/2011 14:31:37 175 Steve Sourapas 55-375 Tanglewood Palmer Gate 10/10/2011 15:07:45 176 CLINT WHITTEN 54576 SHOAL CREEK LA QUINTA 10/10/2011 15:16:59 177 Lindy Kump 81215 National Dr. 10/10/2011 16:02:50 178 Lawrence Stover 55-819 Oak Hill 10/10/2011 16:41:09 179 matthew nelson 79 732 olympia fields 10/10/2011 22:19:24 180 Kenneth Northrup 55156 Tanglewood, La Quinta, CA 92253 10/11/2011 8:03:56 181 Barbara Northrup 55186 Firestone, La Quinta, CA 92253 10/11/2011 8:04:49 182 Barbara Northrup 55504 Firestone, La Quinta, CA 92253 10/11/2011 8:05:22 183 Kenneth Northrup 55504 Firestone, La Quinta, CA 92253 10/11/2011 8:05:22 3 of 16 11 1.� rr OV O Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 184 Claudia Myres 54-671 Inverness 10/11/2011 8:13:37 185 Anthony Paul Flask 544825outhern Hills 10/11/2011 9:26:38 186 Robert Steen 57665 Seminole Drive 10/11/2011 10:18:09 187 Roslyn Newman 80869 Bellerive, La Quinta 10/11/2011 11:26:20 188 gary neumeier 55099 Inverness 10/11/2011 12:06:24 189 gary neumeier 55081 Inverness 10/11/2011 12:07:08 190 Arnold Andersen 54804 Inverness La Quinta 10/11/2011 12:08:47 191 Warren Newman 80869 Bellerive 10/11/2011 12:33:46 192 roslyn newman 80869 Bellerive 10/11/2011 12:34:51 193 Joyce Michelson 55076 Southern Hills 10/11/2011 12:43:31 194 Mark Schmitz 57253 Saint Andrews 10/11/2011 13:00:52 195 William Weissgerber 54523 Tanglewood 10/11/2011 14:31:32 196 Kimberley Cox 55914 Brae Burn 10/11/2011 15:40:54 197 James Cox 55914 Brae Bum 10/11/2011 15:47:44 198 Linda Whidden 81225 Muirfield Village, La Quinta 10/11/2011 17:45:13 199 Susan Cooper 54278 Inverness Way, La Quinta, CA 92253 10/11/2011 20:05:18 200 Stephen Cooper 54278 Inverness Way La Quinta, Ca 692253 10/11/2011 20:06:18 201 Karen Smith 80420 Weiskopf LaQuinta, CA 92253 10/12/2011 1:54:30 202 Barbara Northrup 55156 Tanglewood, La Quinta, CA 92253 10/12/2011 6:42:22 203 Barbara Northrup 55504 Firestone, La Quinta, CA 92253 10/12/2011 6:42:44 204 Barbara Northrup 55196 Firestone, La Quinta, CA 92253 10/12/2011 6:42:59 205 Bryan Isaacs 80915 Weiskopf 10/12/2011 8:13:43 206 Helga Isaacs 80915 Weiskopf 10/12/2011 8:13:43 207 jell burda 55395 southern hills 10/12/2011 8:23:23 208 Wayne Byers 80410 Weiskopf, La Quinta CA 92253 10/12/2011 10:35:44 209 Carol Byers 80410 Weiskopf, La Quinta CA 92253 10/12/2011 10:35:44 210 FRED WEEDON 55381 TANGLEWOOD 10/12/2011 11:27:41 211 PHILLIP KAPLAN 56765 MERION 10/12/2011 14:50:38 212 JUDITH KAPLAN 56765 MERION 10/12/2011 14:51:29 213 Robert Morrison 80279 Merion 10/12/2011 16:14:47 214 Nancy Morrison 80279 Merion 10/12/2011 16:15:04 215 James Martin 578491nterlachen, La Quinta 10/12/2011 16:39:49 216 Betty Ann Martin 57849 Interlachen, La Quinta 10/12/2011 16:41:36 217 Michael Hieda 54048 Riviera Way 10/12/2011 19:06:20 218 Michael Hieda 54042 Riviera Way 10/12/2011 19:07:08 219 douglas staley 54124 oaktree, la quima, CA 92253 10/12/2011 21:17:20 220 Gary Rozek 55710 Oak Tree La Quinta, CA 92253 10/13/2011 5:56:46 221 WILLIS PARK 54979 Cedarwood 10/13/2011 9:48:08 222 Ralph Prevo 54-828 Shoal Creek, La Quinta, CA 10/13/2011 10:27:17 223 Judith Schwartz 56902 Merion 10/13/2011 10:27:40 224 Daniel Sturgill 57605 Ballybunion 10/13/2011 15:06:35 225 Penni Sturgill 57605 Ballybunion 10/13/2011 15:07:36 226 PEGGY RAMSEY 54435 Winged foot 10/13/2011 15:19:15 227 loan Raupah 55069 Oak Hill 10/13/2011 16:53:32 228 Alfred Raupah 55069 Oak Hill 10/13/2011 16:53:53 229 STANLEY TAYLOR 79-380 CANTERBURY 10/14/2011 5:15:44 230 Mary Caldwell 57419 Colonial 10/14/2011 11:26:38 231 Steve Weiss 57419 Colonial 10/14/2011 11:30:54 232 Eliane Frye 80880 Bellerive 10/14/2011 17:35:22 233 Gerald Frye 80880 Bellerive 10/14/2011 17:35:47 234 Larry Justis 80-483 Oak Tree 10/15/2011 8:29:57 235 Scott Fulmer 80691 Oak Tree, La Quinta, CA 92253 10/15/2011 13:46:22 236 Edie Hraban 81-105 Legends Way 10/15/2011 16:23:21 237 James Gallagher 55287 Southern Hills 10/15/2011 16:24:05 238 Skip Hraban 81-105 Legends Way, La Quinta CA 10/15/2011 16:24:47 239 Stanley Robb 55-518 Oak Tree, La Quinta, CA 10/15/2011 21:19:46 240 Susan Boe 55-518 Oak Tree, La Quinta, CA 10/15/2011 21:20:30 241 Ken Krieger 54253 oakhill 10/16/2011 9:17:55 242 Joan Cheroti 80940 Weiskopf 10/16/2011 11:56:32 243 Judith LeBlang 54511 Southern Hills 10/16/2011 12:48:30 244 Wayne Leblang 54511 Southern Hills 10/16/2011 12:49:51 4 of 16 't 481 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 245 Kathleen Foord 80970 Spanish Bay, La Quinta CA 92253 10/16/2011 16:26:13 246 Mervyn Kirshner 54063 Southern Hills 10/16/2011 16:45:06 247 Tom Baak 55568 Southern Hills 10/17/2011 7:58:02 248 Jo Ann Yeoman 55290 Riviera 10/17/2011 10:05:59 249 Sue Lloyd 55426 Tanglewood 10/17/2011 12:46:05 250 barry smith 80070 cedar crest 10/17/2011 13:02:45 251 George Stobaugh 54766 Oak Tree, La Quinta, CA 10/17/2011 13:42:21 252 Kramer John 80649 Oaktree, La Quima, CA 92253 10/17/2011 14:03:33 253 WILLIAM McCUNE 55695 PEBBLE BEACH 10/17/2011 15:14:17 254 WILLIAM MCCUNE 54567 SOUTHERN HILLS 10/17/2011 15:16:25 255 Anthony Brazil 55161 Southern Hills, La Quinta 10/17/2011 16:26:35 256 Diana Brazil 80170 Hermitage, La Quinta 10/17/2011 16:27:11 257 Harriet Winsten 81080 Chanticleer Drive 10/18/2011 10:40:28 258 Scott Rosen 81550 Tiburon Dr. La Quinta 10/18/2011 11:46:36 259 S Petasky 55555 Tumberry Way 10/18/2011 11:47:05 260 Saundra Raycraft 57475 Seminole Drive 10/18/2011 11:47:08 261 Terry Galon 80800 Hermitage 10/18/2011 11:47:51 262 Andrea Galon 80800 Hermitage 10/18/2011 11:48:37 263 David Mead 57845 Seminole Drive, La Quinta, CA 10/18/2011 11:48:52 264 Robert Sala 55375 Medallist Drive 10/18/2011 11:51:26 265 Richard Sharpe 81035 muirfield village 10/18/2011 11:52:50 266 Carol Sharpe 81035 muirfield village 10/18/2011 11:52:50 267 Gerald Murch 56-945 Mountain View, La Quinta, CA 92253 10/18/2011 11:53:37 268 William Borsari 81-065 Muirfield Village 10/18/2011 11:55:00 269 William Albanese 81140 Golf View Dr, La Quinta 10/18/2011 11:57:16 270 Martin Brown 57715 Seminole Or 10/18/2011 11:57:36 271 Karen Brown 57715 Seminole Dr 10/18/2011 11:57:36 272 Debbie Behlman 81100 Shinnecock Hills 10/18/2011 12:02:10 273 Victor Li 81665 Brown Deer Park, La Quinta, CA 92253 10/18/2011 12:02:24 274 Stephen Binder 81035 Legends Way, La Quinta, Ca 92253 10/18/2011 12:03:03 275 Lori Binder 81035 Legends Way, La Quinta, Ca 92253 10/18/2012 12:03:03 276 Pratte Janice 80391 Spanish Bay, La Quinta 10/18/2011 12:03:44 277 Thomas Tippett 81065 Legends Way 10/18/2011 12,03:59 278 Joseph Mason 80-944 Hermitage 10/18/2011 12:04:18 279 Jeri Tippett 81065 Legends Way 10/18/2011 12:04:51 280 neil knott 56965 mountain view 10/18/2011 12:12:26 281 Jeff Young 81-610 Tiburon Dr. La Quinta CA 92253 10/18/2011 12:16:05 282 Judith Young 81-610 Tiburon Dr. La Quinta CA 92253 10/18/2011 12:16:05 283 Joanne Zenz 57-045 Mountainview Dr. LaQulnta, Ca 92253 10/18/2011 12:16:08 284 J. Philip Hunter 81365 Kingston Heath, LaQuima CA 92253 10/18/2011 12:23:23 285 Loren McClanathan 80859 Spanish Bay, La Quinta, Ca 92253 10/18/2011 12:27:41 286 Ann MCClanathan 80859 Spanish Bay, La Quinta, Ca 92253 10/18/2011 12:27:59 287 Wolstenholme Derek 54-087 Southern Hills 10/18/2011 12:31:22 288 Leslie Ward 80992 Bellernre, La Quinta, CA 10/18/2011 12:37:44 289 Gaines Stanley 57-665 Black Diamond La Qunita, CA 92553 10/18/2012 12:38:22 290 Vickie Stanley 57-665 Black Diamond La Qunita, CA 92553 10/18/2011 12:38:22 291 Cynthia Hutchinson 81365 Kingston Heath, LaQuima, CA 92253 10/18/2011 12:41:06 292 James Lokey 56039 Wingedfoot LaQuima/PGA West 10/18/2011 12:41:29 293 Roger Emerick 80755 Weiskopf 10/18/2011 12:41:32 294 Robert Pipkin 57690 Ballybunion 10/18/2011 12:41:34 295 Priscilla Rendino 80390 Weiskopf 10/18/2011 12:42:05 296 Peter O'Neill 57397 Spanish Hills Lane 10/18/2011 12:43:51 297 roger sohn 57-495 Mountain View Dr, La Quinta 10/18/2011 12:49:29 298 Andrea Thomas 55706 Brae Burn 10/18/2011 12:52:13 299 Rex Bloesser 81420 Golf View Drive, La Quinta, CA 92253 10/18/2011 12:55:53 300 Polly Bloesser 81420 Golf View Drive, La Quinta, CA 92253 10/18/2011 12:57:06 301 Tom Thomas 55706 Brae Bum 10/18/2011 13:01:32 302 Alexander Kom 80795 Weiskopf 10/18/2011 13:03:50 303 Rchard walls 56006 Baltusrol La Quinta 92253 10/18/2011 13:05:11 304 Jed Meese 80660 Weiskopf, La Quinta, CA 92253 10/18/2011 13:08:42 305 Celia - Meese 80660 Weiskopf, La Quinta, CA 92253 10/18/2011 13:08:42 5 of 16 •f 4 �3? Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 306 Carolina walls 56006 Baltusrol La Quinta 92253 10/18/2011 13:09:12 307 Thomas Evans 56-985 Mountain View 10/18/2011 13:10:44 308 Dan Rendino 80390 Weiskopf 10/18/2011 13:13:20 309 Timothy Marchi 81-340 Kingston Heath 10/18/2011 13:29:36 310 lames Overturf 80520 Weiskopf 10/18/2011 13:43:26 311 James Williams 57870 Troon Way, LQ 92253 10/18/2011 13:44:03 312 Tony Buckman 56166 Baltusrol, La Quinta Ca 92253 10/18/2011 13:52:02 313 STEVE DAVIDSON 80710 WEISKOPF to QUINTA 92253 10/18/2011 13:53:45 314 Marguerite Sorenson 55802 Brae Burn La Quinta 10/18/2011 14,07:51 315 Reed Gardiner 56083 Winged Foot la Quinta California 10/18/2011 14:18:18 316 Jonathan Shapiro 55-525 Tumberry Way. La Quinta, CA 10/18/2011 14:22:13 317 Shirley Hays 56059 Winged Foot LQ 10/18/2011 14:27:47 318 Kay Gordon 80-5070ak Tree 1O/18/2011 14:29:11 319 ronald banks 80880 weiskopf la quinta ca 92253 10/18/2011 15:01:54 320 Kristina Warwick 81120 Chanticleer 10/18/2011 15:09:11 321 Robert Foster 80-427 Spanish Bay Dr. 10/18/2011 15:51:19 322 Sandra shaniey 81070 Shinnecock Hills 10/18/2011 16:05:08 323 Virgil Majeski 81545 Tiburon Drive, La Quinta, CA 92253 10/18/2011 16:10:43 324 Scott Kaufman &0840 Weiskopf 10/18/2011 16:16:28 325 Gayle N. Schuler 81-700 Tiburon Drive, La Quinta, CA 92253 10/18/2011 16:26:11 326 Arthur C. Schuler 81-700 Tiburon Drive, La Quinta, CA 92253 10/18/2021 16:26:11 327 Julie Leonard 55727 Brae Burn, La Quinta 92253 10/18/2011 16:31:26 328 Ray Leonard 55727 Brae Burn, La Quinta 92253 10/18/2011 16:31:26 329 Timothy Eide 80933 Bellerive (Eagle Bend:Weiskopf gate user) 10/18/2011 16:44:08 330 Doris Pipkin 57690 Ballybunion.... LaQuinta, Ca. 92253 10/18/2011 16:55:13 331 Stevan Warwick 81120 Chanticleer Dr. La Quinta CA 92253 10/18/2011 16:58:51 332 chuck spadafora caj partners 80418 spanish Bay 10/18/2011 17:18:55 333 Frank Newman 80935 Weiskopf 10/18/2011 17:41:14 334 Harald Vogl 80773 Bellerive, La Quinta, Ca 92253 10/18/2011 18:15:01 335 Toni Donaldson 81-165 Kingston Heath 10/18/2011 18:44:54 336 DAWN MARIE HAKANEN 80-760 BELLERIVE, to QUINTA, CA 92253 10/18/2011 19:33:52 337 DOUGLAS H. HAKANEN 80-760 BELLERIVE, LA QUINTA, CA 92253 10/18/2011 19:33:51 338 Richard Van Hecke 54876 Inverness Way, La Quinta 10/18/2011 20:21:02 339 Paula Matos 80706 Spanish Bay, La Quinta CA 92253 10/18/2011 20:37:29 340 Gary Lesser 81640 Tiburon Drive 10/18/2011 20:40:34 341 RONALD SNEIDER 55825 Medallist, Norman Gate 10/18/2011 21:26:07 342 NANCY PRICE 81145 MUIRFIELD VILLAGE 10/18/2011 22:34:08 343 NANCY PRICE 55418 LAUREL VALLEY 10/18/2011 22:34:50 344 ROBERT PRICE JR 81145 MUIRFIELD VILLAGE 10/18/2011 22:35:21 345 ROBERT PRICE JR 55418LAUREL VALLEY 10/18/2011 22:35:47 346 Sandy Raycraft 57475 Seminole Drive, La Quinta, CA 92253 10/18/2011 22:45:24 347 Tom Raycraft 57475 Seminole Drive, La Quinta, CA 92253 10/18/2011 22:45:24 348 Steve Inwood 57461 SPANISH HILLS LANE LA QUINTA 92253 CA. 10/18/2011 23:38:26 349 Bauer Barbara 80370 Weikopf Way 10/19/2011 2:27:19 350 Dave Horne 81300 National Drive 10/19/2011 4:12:43 351 Ken Steward 57665 Ballybunion 10/19/2011 5:52:48 352 Jake St. Philip 55540 Medallitst Dr 10/19/2011 7:19:49 353 Michelle Oyler 55580 Medallist Drive 10/19/2011 7:34:09 354 Brian Hull 81715 Tiburon Drive, La Quinta, Ca.92253 10/19/2011 7:37:11 355 Terry Pracht 809900 Weiskopf, La Quinta, CA 92253 10/19/2011 7:37:37 356 Patricia Pracht 809900 Weiskopf, La Quinta, CA 92253 10/19/2011 7:37:37 357 David Rhodes 81105 MUIRFIELD VLG 10/19/2011 7:44:50 358 maurice holman 54773 Inverness, and 80526 Spanish Bay 10/19/2011 8:53:59 359 Jay Vining Ihlenfeld 56027 Winged Foot, La Quinta, CA 10/19/2011 8:59:42 360 Peter Henricsson 55795 Tumberry Way 10/19/2011 9:33:44 361 Stephen Heboian 81350 Golf View Drive 1O/19/2011 9:42:43 362 Linda Arndt 56255 Mountain View DR 10/19/2011 10:27:26 363 ken martens 57-515 black diamond 10/19/2011 10:32:35 364 Lisa Mitchell 81095 Legends Way La Quinta, Ca 92253 10/19/2011 10:41:15 365 Larry Dunlap 81060 Shinnecuck Hills 10/19/2011 11:05:05 366 Sandi Phillips 80495 Weiskopf 10/19/2011 11:21:25 9 483 6 of 16 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 367 nancy emberton 81130 Shinnecock Hills, La Quinta 10/19/2011 11:42:16 368 Lawrence Leong 80391 Spanish Bay 10/19/2011 11:42:27 369 Brent Beeler 80355 Weiskopf 10/19/2011 14:06:59 370 Humberto Gonzalez 57397 Spanish Hills Lane, La Quinta, CA 10/19/2011 14:10:11 371 Dawn Ballet 80675 Weiskopf, La Quinta 10/19/2011 14:31:46 372 Pieter Ballet 80675 Weiskopf, La Quint@ 10/19/2011 14:32:01 373 lawrence shields 80848 hermitage, la quinta, ca 92253 10/19/2011 14:36:51 374 Pete Cheroti 80940 Weiskopf 10/19/2011 15:04:15 375 Keith Fox 55615 Royal St George 10/19/2011 16:01:25 376 Eliane Frye 80880 Bellerive, La Quinta 10/19/2011 16:11:13 377 Gerald Frye 90880 Bellerive, La Quinta 10/19/2011 16:11:31 378 Thomas Tippett 54-763 Riviera 10/19/2011 17:01:51 379 JOHN HENDRICK 81265 GOLF VIEW DRIVE, LA QUINTA CA 92253 10/19/2011 17:19:51 380 Bob Coe 57875 Black Diamond 10/19/2011 17:42:34 381 Gary Swanson 80648 Bellerive 10/19/2011 17:58:04 382 Donna Swanson 80648 Bellerive 10/19/2011 17:58:04 383 michael weiss 80703 oak tree 10/19/2011 18:10:16 384 Mildred Lawlor 80735 Weiskopf, La Quinta 10/19/2011 19:38:51 385 Steve Jensen 81085 Shinnecock Hills 10/19/2011 19:41:06 386 Michael Rashkin 56079 Winged Foot 10/19/2011 22:21:29 387 virginia caunt 81-090 Shinnecock Hills La Quinta CA 10/20/2011 0:03:21 388 Dale Scibelli 81-230 Golf View Drive 10/20/2011 0:08:32 389 Kim Harker 55-100 Riviera 10/20/2011 9:36:38 390 Cynthia merry 81-360 kingston heath 10/20/2011 9:52:17 391 Randy Heyler 81-135 Muirfield Village, La Quinta, CA 92253 10/20/2011 13:24:54 392 Judy Klink 80574 Hermitage 10/20/2011 13:50:59 393 Kelly Heyler 81-135 Muirfield Village 10/20/2011 13:57:46 394 Mary Rathjen 55834 Brae Burn, La Quinta, CA 92253 10/20/2011 14:32:03 395 Kurt Rathjen 55834 Brae Burn, La Quinta, CA 92253 10/20/2011 14:33:52 396 Judy Hirsch 80192 Riviera 10/20/2011 17:17:08 397 Bruce Klink 80574 Hermitage 10/20/2011 17:26:55 398 Mary Rosen 81550 tiburom 10/20/2011 17:42:39 399 Roger Swadish 56370 Muirfield Village La Quinta 92253 10/20/2011 19:27:40 400 Darrell Snyder 55789 Congressional Lane 10/20/2011 21:39:35 401 Robert Brown 80-844 Spanish Bay 10/21/2011 1:03:42 402 Mhairi McKay -Smith 57550 Black Diamond 10/21/2011 7:45:50 403 William Corbett 57365 Spanish Hills Lane 10/21/2011 14:20:49 404 Susan Corbett 57365 Spanish Hills Lane 10/21/2011 14:20:49 405 Darryl Barber 80952 Spanish Bay 10/21/2011 14:48:10 406 Ann Barber 80952 Spanish Bay 10/21/2011 14:48:10 407 Charles Burke Castle 80301 Spanish Bay 10/21/2011 19:20:42 408 Diana Park 56-475 Legends Circle 10/22/2011 11:13:46 409 Gunta Rolle 81120 Chanticleer 10/22/2011 15:04:30 410 Arvid Rolle 81120 Chanticleer 10/22/2011 15:05:01 411 Linda Warwick 81120 Chanticleer 10/22/2011 15:05:39 412 James Dameron 81-155 legends Way, La Quinta, CA 10/22/2011 15:33:23 413 Bob Beebe 80412 Hermitage, La Quinta 10/22/2011 18:45:11 414 Donald Hearn 55-516 Firestone 10/23/2011 9:45:20 415 Robert Hammond 43922 Southern Hills 10/23/2011 10:46:33 416 Rosemary Umsted 56670 Muirfield Village Dr 10/23/2011 11:09:11 417 James Umsted 56670 Muirfield village Dr. 10/23/2011 11:10:00 418 Stefanie Segal 80769 spanish bay 10/23/2011 12:14:02 419 Abbey Thorne 54983 Winged Foot 10/23/2011 16:27:18 420 Gary Thorne 54983 Winged Foot 10/23/2011 16:28:32 421 Sheila Hoyer 55362 Southern Hills 10/24/2011 7:42:14 422 GARY NIEMI 54-421 OAK HILL 10/24/2011 9:07:02 423 BONNIE NIEMI 54-421 OAK HILL 10/24/2011 9:07:53 424 Jeffrey Kaiser 81305 Legends Way LQ 10/24/2011 10:23:30 425 ELEANORALL JARMAN 80808 BELLERIVE 10/24/2011 10:39:40 426 DAVID JARMAN 80808 BELLERIVE 10/24/2011 10:39:40 427 Dawn McLean 56-765 Mountain View 10/24/2011 11:29:24 7 of 16 N 484 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 428 David Carlson 56425 Riviera 10/24/2011 15:16:38 429 Brenda Carlson 56425 Riviera 10/24/2011 15:18:05 430 Tom Flint 81625 Tiburon Drive 10/24/2011 15:31:02 431 Miriam Flint 81625 Tiburon Drive 10/24/2011 15:31:48 432 Jim Wallace 54548 Southern Hills 10/24/2011 16:18:10 433 Sherry Wallace 54548 Southern Hills 10/24/2011 16:18:10 434 William Madia 80-895 Weiskopf 10/24/2011 18:55:52 435 Lois McLane 81260 Legends Way 10/24/2011 22:23:14 436 Frederick McLane 81260 legends Way 10/24/2011 22:24:14 437 Glenda Beebe 80412 Hermitage 10/25/2011 5:51:48 438 Sandy Foster 81-235 National Dr, 10/25/2011 8:39:04 439 Michael Oslac 80600 Weiskopf 10/25/2011 9:38:16 440 Dana McQuown 81245 legends way 10/25/2011 10:58:13 441 Douglas McQuown 81-245 Legends Way 10/25/2011 11:08:46 442 Rick Miller 80740 Weiskopf La Quinta, Ca 92253 20/25/2011 14:42:57 443 Ronald Arndt 56255 Mountain View Drive La Quinta CA 10/26/2011 10:45:23 444 Rebecca Coe 57-875 Black Diamond 10/26/2011 14:39:23 445 Jim Jennison 55-362 Riviera 10/26/2011 14:45:33 446 Stephen Kiddoo 81-705 Brown Deer Park 10/26/2011 16:51:56 447 bruce hoesman hoesman 54075 southern hills 10/26/2011 17:56:27 448 Janet Weberling 56091 Winged Foot, LaQuinta, CA 92253 10/26/2011 18:35:57 449 Paul Martin 55027 Firestone 10/27/2011 8:14:03 450 Paul Martin 54105 Oak Hill 10/27/2011 8:14:53 451 William Neavel 54563 Inverness Way, La Quinta, CA 92253 10/28/2011 11:58:32 452 William Neavel 54620 Inverness Way, La Quinta, CA 92253 10/28/2011 11:58:43 453 TED WOODARD 54871 RIVIERA 10/28/2011 13:32:11 454 DENISE WOODARD 54871 RIVIERA 10/28/2011 13:32:32 455 Robert Gill 80752 Hermitage La Quinta, CA 92253 10/29/2011 15:40:41 456 DeeAnn Gill 80752 Hermitage. LaQuinta, CA 92254 10/29/2011 15:42:49 457 Harlan Harkness 81040 Legends Way, La Quinta CA 92253 10/29/2011 20:33:29 458 Kathleen Harkness 91040 Legends Way, La Quinta CA 92253 10/29/2011 20:34:42 459 Steve Smith 81110 Shinnecock Hills 10/30/2011 14:05:56 460 Paula Farinacci 81025 Legends way 10/30/2011 17:43:20 461 Paul Farinacci 81025 Legends Way 10/30/2011 17:45:22 462 Linda Spraker 81235 Legends Way, La Quinta 10/30/2011 20:12:04 463 Julie Leonard 55727 Brae Burn 10/31/2011 7:58:54 464 lames Lambert 81270 Legends Way, La Quinta, CA 92253 10/31/2011 8:41:36 465 Barbara Lambert 81270 Legends Way, La Quinta, Ca. 92253 10/31/2011 8:43:26 466 Lorraine Steams 57231 Medinah, La Quinta, CA 92253 10/31/2011 19:31:47 467 Stephen Smith 81110 Shinnecock Hills 11/1/2011 9:32:46 468 Pat Asay 80304 Riviera 11/2/2011 6:59:12 469 edwin novascone W655 Weiskopf 11/7/2011 8:24:01 470 Sandra novascone 80655 weiskopf 11/7/2011 8:26:40 471 John Norwood 81050 Shinnecock Hills, La Quinta, CA 92253 11/8/2011 11:12:38 472 Sherri Norwood 81050 Shinnecock Hills, La Quinta, CA 92253 11/8/2011 11:13:43 473 Georgette Foster 56540 Jack Nicklaus Blvd. 11/15/2011 17:43:02 474 Thomas Foster 56540 Jack Nicklaus Blvd. 11/15/2011 17:43:57 475 Gary Tomak 54991 Tanglewood 11/16/2011 9:42:23 476 David Crane 55-417 Firestone 11/16/2011 9:43:29 477 Debra Mauritson 54-562 Tanglewood, Palmer Residential 11/16/2011 9:46:12 478 Joe Bertsch 54460 Southern Hills 11/16/2011 9:47:52 479 Byron _ Swanson 55940 Pebble Beach La Quinta Ca 92253 11/16/2011 9:48:24 480 Tammy Swanson 55840 Pebble Beach La Quinta Ca 92253 11/16/2011 9:48:24 481 Rita Bertsch 54460 Southern Hills 11/16/2011 9:48:49 482 Terry Galon 80800 Hermitage 11/16/2011 9:50:55 483 Peter Richter 55359 Southern Hills 11/16/2011 9:51:18 494 Konny Richter 55359 Southern Hills 11/16/2011 9:52:13 485 Ljubica Haller 80697 Oak Tree 11/16/2011 9:52:28 486 Darko Haller 80697 Oak Tree 11/16/2011 9:52:28 487 Susan McLean 54949 Riviera, La Quinta 11/16/2011 9:54:33 488 Joan Flood 54664 Inverness Way 11/16/2011 9:54:33 8 of 16 -n AQr� Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 489 Thomas Healy 54664 Inverness Way 11/26/2011 9:SS:06 490 Bruce Carmichael 54060 Riviera, La Quinta, CA 11/16/2011 9:55:22 491 Steven Suard 54696 Oak Tree, La Quinta, CA 11/16/2011 9:56:39 492 JOHN MCPHEE 55-066 FIRESTONE 11/16/2011 9:57:13 493 Janet Soliman-Suard 81305 Kingston Heath, La Quinta, CA 11/16/2011 9:57:54 494 Gilbert Haslam 80501 Oak Tree 11/16/2011 10:02:51 495 Rylee-Ann Romero 80501 Oak Tree 11/16/2011 10:03:02 496 Scott Sherman 55362 Pebble Beach La Quinta, Cal 92253 11/16/2011 10:04:01 497 Karen Sherman 55362 Pebble Beach La Quinta, Cal 92253 11/16/2011 10:04:12 498 Henry Ritz 54-880 Riviera La Quinta Ca 11/16/2011 10:06:21 499 RUDOLPH MARAVICH 54675 SOUTHERN HILLS 11/16/2011 10:06:58 500 Stafford Villa Properties by H President 54-575 Shoal Creek La Quinta Ca 11/16/2011 10:08:14 501 Doug Robertson 54904 Tanglewood 11/26/2011 10.09:39 502 Elizabeth Stull 55360 Firestone 11/16/2011 10:14:31 503 Morton Blum 55-173 Riviera, La Quinta,CC 92253 11/16/2011 10:15:32 504 Carol Blum 55-173 Riviera, La Quinta,CC 92253 11/16/2011 10:16:20 505 Gary Delaney 55855 Oak Hill 11/16/2011 10:24:49 506 Judith McCormack 55-027 Tanglewood 11/16/2011 10:27:08 507 Ormond Harris 55257 Shoal Creek 11/16/2011 10:33:08 508 Judy Harris 55257 Shoal Creek 11/16/2011 10:33:53 509 Marc Berger 54235 Shoal Creek 11/16/2011 10:40:56 510 Rita Berger 54235 Shoal Creek 11/16/2011 10:41:07 511 Matthew Jenkins 54-555 Southern Hills, La Quinta, Ca. 11/16/2011 10:49:10 512 Roberta Jenkins 54-555 Southem Hills, La Quinta, Ca. 11/16/2011 10:49:10 513 Stephanie Bard 55953 Pinehurst 11/16/2011 10:49:51 514 Dave Gard 55953 Pinehurst 11/16/2011 10:50:36 515 Michael Smith 55728 Oak Tree 11/16/2011 11:03:37 516 David Saunders 80-387 Oaktree, La Quinta, CA, 92253 11/16/2011 11:03:38 517 Barbara Byas 54-277 Oak Hill 11/16/2011 11:25:37 518 Mary Sayler 54616 Tanglewood, La Quinta, CA 97753 11/16/2011 11:21:19 519 David Ekland 54856 Inverness Way 11/16/2011 11:23:40 520 Heidi Westfall 79-791 Olympia Fields LQ CA 92253 11/16/2011 12:07:26 521 Dr. Dennis Byas 54277 Oak Hill, La Quinta, CA 92253 11/16/2011 12:13:24 522 emiko long 55-305 pebble beach, la quinta, ca 11/16/2011 12:15:43 523 yaeko katayama 55-305 pebble beach, la quinta, ca 11/16/2011 12:16:09 524 jeffrey long 55-305 pebble beach, la quinta, ca 11/16/2011 12:16:33 525 Robert Jorgensen 54-455 Shoal Creek, La. Quinta, Calif. 92253 11/16/2011 12:29:36 526 Jean Jorgensen 54-455 Shoal Creek La Quinta, Calif 92253 11/16/2011 12:30:15 527 THOMAS MURPHY 80393 OAKTREE 11/16/2011 12:56:01 528 ROBIN MURPHY 80393 OAKTREE 11/16/2011 12:56:20 529 Jennifer Merkel 80327 Oak Tree 11/16/2011 13:24:44 530 Burton Press 54147 Southern Hills 11/16/2011 13:15:59 531 Willie Allen 54-636 Oak Tree La Quinta, CA 92253 11/16/2011 13:47:38 532 James R. Stein 55835 Cherry Hill 11/16/2011 13:52:24 533 Marie F. Stein 55835 Cherry Hill 11/16/2011 13:52:59 534 dave clarke 79770 Arnold Palmer Dr, La quinta, Ca, 92253 11/16/2011 14:06:09 535 Janet clarke 79770 Arnold Palmer Dr, La Quinta, Ca, 92253 11/16/2011 14:06:36 536 Patricia Dixon 79370 Canterbury 11/16/2011 14:07:45 537 Burdick Ray 54778 Tanglewood La Quinta, Ca. 92253 11/16/2011 14:24:58 538 Hatfield Meris 54-467 Southern Hills, La Quinta, Ca. 92253 11/16/2011 15:04:12 539 ROBERT LAWRENCE 79784 ARNOLD PALMER 11/16/2011 15:07:58 540 Clark Kvistad 80-496 Riviera 11/16/2011 15:27:06 541 Janet Kvistad 80-496 Riviera 11/16/2011 15:28:45 542 Helene LeHoux 54030 Riviera Way 11/16/2011 15:39:51 543 Dawn Boyd 54-551 Inverness 11/16/2011 15:43:14 544 Gebert Stephanie 54-649 Tanglewood 11/16/2011 15:46:06 545 Reba Silverthorne-O'Leary 56223 Pebble Beach 11/16/2011 15:59:30 546 Theadore Ross 54241 Oak Hill 11/16/2011 16:32:06 547 Brooks Carl 54370 Riviera, La Quinta, CA 92253 11/16/2011 16:40:11 548 Brooks Lucy 54370 Riviera, La Quinta, CA 92253 11/16/2011 16:41:20 549 Steve Sourapas / GAAS LLC 55-375 Tanglewood Palmer Gate 11/16/2011 16:58:22 9 of 16 . N 486 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp SSO Maureen Eberts 54-576 Oak Tree, La Quinta 92253 11/16/2011 17:29:38 551 karen nelson 79 732 olympia fields 11/16/2011 17:33:48 552 Mary Dooling 54-S05 Oak Hill, La Quinta 11/16/2011 17:54:54 553 Joe D 54-505 Oak Hill, La Quinta 11/16/2011 17:58:44 554 Manon Bradbury 54908. Riviera 11/16/2011 19:31:01 555 Bob Mooney 55282 Oak Hill Drive LaQuinta 92253 11/16/2011 20:02:42 556 Jeanie Mooney 55282 Oak Hill Drive LaQuinta 92253 11/16/2011 20:03:21 557 1. RICHARD LOGAN 79700 NORTHWOOD 11/16/2011 20:28:07 558 Lloyd Shin 81-035 Golf View Dr, La Quinta, CA 92253 11/16/2011 20:28:15 559 BARBARA ANN LOGAN 79700 NORTHW0OD, LA QUINTA, CA 92253 11/16/2011 20:29:19 560 Helena Shin 81-035 Golf View Dr, La Quinta, CA 92253 11/16/2011 20:30:00 561 Ed Archibald 54812 Southern Hills LaQuinta, CA. 92253 11/16/2011 21:16:10 562 Linda Archibald 54812 Southern Hills LaQuinta, CA.92253 11/16/2011 21:17:04 563 Jeane Freema 54363 Inverness Way LaQuinta, Ca 92253 21/16/2011 21:57:10 564 Joe Almanza 548260ak Tree 11/16/2011 22:34:28 565 Mike McGray 56086 Baltusrol 11/17/2011 7:55:47 566 Robert Bylin 80321 Oaktree, La Quita 11/17/2011 9:13:44 567 Charles Reed 55307 Winged Foot La Quinta, CA 92253 11/17/2011 15:12:22 568 Michael Smith 56150 Pebble Beach 11/17/2011 15:21:56 569 Melodi Butler 56145 Riviera 11/17/2011 18:27:09 570 Dale Butler 56145 Riviera 11/17/2011 18:27:54 571 Terri Richards 54-955 tangle wood 11/18/2011 0:48:04 572 Richard Reich 55-550 Southern Hills 11/18/2011 8:21:55 573 Eugene Aza 544140 Inverness Way 11/18/2011 13:18:57 574 Kathleen Aza 54440 Inverness Way 11/18/2011 13:19:38 575 Sonja Johnson 54599 Inverness Way, La Quinta, California 11/18/2011 19:58:39 576 Rudy Wartlik 54599 Inverness Way, La Quinta, California 11/18/2011 20:00:27 577 1 Garth Cambrey 54761 Inverness Way, La Quinta, 92253 11/19/2011 10:18:24 578 Teresa Pagnan 54443 Shoal Creek 11/19/2011 11:22:30 579 Moore Roslyn 54-658 Southern Hills, La Quinta, Ca 92253 11/19/2011 12:56:29 580 Richard Donnelly 54467 Southern Hills, La Quinta, CA 92253 11/19/2011 21:33:15 581 Carol Peyton 55378 Firestone, La Quinta, CA 11/20/2011 8:54:16 582 Anthony Laperuto 55378 Firestone, LaQuinta, CA 11/20/2011 8:54:46 583 Nan Richart 54-981 Southern Hills La Quinta, CA 92253 11/21/2011 16:54:23 584 robert backer 55431 southern hills 11/23/2011 10:35:03 585 Suzanne barker 55431 southern hills 11/23/2011 10:35:34 586 peter franzese 54741 Inverness way 11/24/2011 7:28:33 587 Barbara Morris 543380ak Tree 11/24/2011 9:01:51 588 La Roda Murphy 80396 Hermitge 11/24/2011 11:22:06 589 Krieger Kenneth 54253 Oakhill 11/29/2011 5:47:51 590 Mark Parkin 55186 Southern Hills 12/4/2011 18:18:33 591 Lorraine Parkin SS1865outhern Hills 12/4/2011 18:20:31 592 Kimberly Schwartz 54700 Secretariat Drive La Quinta CA 92253 12/8/2011 13:57:21 593 David Johnston 54760 Secretariat LaQuinta 92253 12/8/2011 14:32:45 594 Judy Johnston 54760 Secretariat LaQuinta 92253 12/8/2011 14:33:50 595 JMichael Lee 54170 Cananero Circle 12/8/2011 14:38:27 596 Layne Rainey 54170 Cananero Circle 12/8/2011 14:39:14 597 Richard Hoglund 54215 Cananero Circle, La Quinta, Ca 92253 12/8/2011 14:45:27 598 Tara Couch 54275 Cananero Circle, La Quinta, CA 92253 12/8/2011 14:47:59 599 Raymond Flood 54-135 Atyasheba-Griffin Ranch 12/8/2011 16:35:19 600 Linda J Wise 54155 Cananero Circle, LaQuinta Ca. 92253 12/8/2011 19:52:35 601 William Strub 56340 Jack nicklaus Blvd; La Quinta, California 12/9/2011 6:02:46 602 Jeannette Strub 56340 Jack nicklaus Blvd; La Quinta, California 12/9/2011 6:03:39 603 Alan Blenner 54210 Cananero Circle La Quinta, Ca 92253 12/9/2011 10:02:50 604 Stephen ScibeIR 81230 Golf View Drive 1/3/2012 21:02:33 605 Joseph Williams 80-495 Oak Tree, La Quinta, CA 1/4/2012 12:55:07 606 Michelle Matti 55569 Riviera 1/4/2012 13:29:58 607 emie mauritson 54-562 Tanglewood 1/4/2012 13:32:13 608 Tricia Robinson 56-163 Pebble Beach 1/4/2012 15:06:09 609 Judith Young 81610 Tiburon Drive, La Quinta, CA 92253 1/4/2012 16:36:33 610 Connie Alderson 81-280 Legends Way 1/4/2012 16:4005 10 of 16 -.M ' 487 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 611 Robert Morrison 80279 Merton 1/4/2012 17:00:48 612 Russell Roehrkasse 79-738 Arnold Palmer 1/4/2012 18:06:34 613 Sarah Mum 81640 Tiburon Drive, La Quinta! CA 1/4/2012 18:42:42 614 munro dave 56430 muirfield vlg. 1/4/2012 19:13:39 615 Mea Roehrkasse 79738 Arnold Palmer, LaQuinta, CA 1/4/2012 19:21:39 616 Sylvie O'Keefe 57085 Mountain View Lane La Quinta 1/4/2012 19:53:49 617 Kevin O'Keefe 57085 Mountain View Lane La Quinta 1/4/2012 19:54:06 618 Allen Morishita 58665 Mountain View Lane La Quinta 1/4/2012 19:57:39 619 Millar Hotter 81290 Golf View Drive 1/4/2012 20:02:16 620 Lucinda Vennes 55775 Pebble Beach 1/4/2012 20:10:39 621 Kathy Murch 56945 Mountain View 1/4/2012 20:11:56 622 Patti Cooke 54100 Riviera, La Quinta, 92253 1/4/2012 20:12:48 623 Kathleen Seltzer 80855 Wetskopf 1/4/2012 20:51:46 624 Pam Weiner 81275 Golf View Drive, La Quinta, CA 1/4/2012 21:07:56 625 Sharon Hoder DeGroff 57198 Madinah La Quinta,CA 1/5/2012 6:48:18 626 David Hayward 54702 Southern Hills 1/5/2012 7:22:50 627 Steve Greenfield SS054 Firestone, La Quinta CA 92253 1/5/2012 8:06:49 628 Linda Arndt 56255 Mountain View Dr, La Quinta, CA 92253 1/5/2012 8:12:25 629 Ronald Arndt 56255 Mountain View Drive La Quinta CA 1/S/2012 8:21:06 630 thomas baak 55568 Southern Hills 1/5/2012 9:28:30 631 Rosalyn Insprucker 54-591 Riviera 1/5/2012 16:31:05 632 Richard Olsson 54-591 Riviera 1/5/2012 16:41:20 633 David Park 56-475 Legends Circle 1/6/2012 14:31:26 634 James Ammerman 80967 Spanish Bay 1/6/2012 16:12:41 635 Rian Ammerman 80967 Spanish Bay 1/6/2012 16:12:41 636 NORMAN NILSEN 81310 LEGENDS WAY 1/7/2012 9:35:28 637 Donald Thorpe 54-836 Inverness Way 1/7/2012 11:00:38 638 Joan Feeley 55110 Laurel Valley 1/7/2012 14:30:58 639 John Feeley 55110 Laurel Valley 1/8/2012 20:34:29 640 Thomas Knight 80-733 Spanish Bay, La Quinta, CA 1/9/2012 12:05:35 641 Dennis Loper 57545 Black Diamond, La Quinta, CA 92253 1/9/2012 12:06:32 642 Stephen Almassy 81670 Tiburon 1/9/2012 12:16:54 643 Mel Spelde 80694 Hermitage 1/9/2012 12:33:45 644 Peggy St. Philip 55540 Medallist Drive La Quinta, CA 92253 1/9/2012 12:40:13 645 Jake St. Philip SSS40 Medallist Drive La Quinta, CA 92253 1/9/2012 12:40:13 646 Donald Bendix 80-534 Hermitage, La Quinta 92253 1/9/2012 12:55:54 647 Theokyn Kabaker 56-640 Muirfield Vlg 1/9/2012 13:09:07 648 Emily Sodikoff 57620 Black Diamond 1/9/2012 13:14:38 649 Michael Creighton 54-508 Inverness 1/9/2012 13:30:18 650 Patricia Creighton W508 Inverness 1/9/2012 13:30:38 651 edward zenker 80944 bellerive 1/9/2012 13:32:37 652 Jonne Sevekow 80-400 Spanish Bay 1/9/2012 13:45:08 653 Richard Zawadzki 81125 Legends Way 1/9/2012 13:49:55 654 Allan Bregman 80860 Weiskopf, La Quinta, CA 92253 1/9/2012 14:07:54 655 Jewel Bregman 80860 Weiskopf, La Quinta, CA 92253 1/9/2012 14:07:54 656 Philip Hunter 81365 Kingston Heath 1/9/2012 14:10:41 657 Wayne Proceviat 56051 Winged Foot 1/9/2012 14:21:47 658 Cal Chandler 56-095 Winged Foot 1/9/2012 14:36:35 659 Andrea Heboian 81350 Golf View Drive 1/9/2012 14:39:35 660 Bruce Franklin 81060 Kingston Heath 1/9/2012 15:30:07 661 Thomas Lynch 81-335 legends way 1/9/2012 16:40:12 662 Sandra lynch 81-335 legends way 1/9/2012 16:41:01 663 Ron Kellam 80720 Weiskopf 1/9/2012 17:06:47 664 Lane Kellam 80720 Weiskopf 1/9/2012 17:06:47 665 Frank Welker 80905 Spanish Bay La Quinta, Ca 1/9/2012 18:07:28 666 Richard lizuka Legends 57-655 Seminole Drive 1/9/2012 19:05:25 667 Teresa Iizuka Legends 57-655 Seminole Drive 1/9/2012 19:05:25 668 Dawn Ballet 80675 Weiskopf 1/9/2012 19:24:49 669 Pieter Ballet 80675 Weiskopf 1/9/2012 19:25:09 670 Darlene Mulvena 57-990 Toon Way, La Quinta, CA. 92253 1/9/2012 19:55:58 671 tim Tweten 81055 Muirfield Village 1/9/2012 21:07:12 488 11 of 16 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 672 Marie Cook 80455 Weiskopf 1/9/2012 21:41:48 673 Tad lowrey 80836 Hermitage 1/9/2012 22:56:19 674 Ken Steward 57665 Ballybunion 1/10/2012 6:06:04 675 Alan Morse 81260 Kingston Heath, La Quinta, CA 1/10/2012 6:53:18 676 Geri Dardi 80932 hermitage La Quinta, Ca 1/10/2012 7:19:03 677 Mitch Razook 81160 National Drive 1/10/2012 8:34:48 678 Denise Dorm 81095 Muirfield Village 1/10/2012 8:43:00 679 James Umsted 56670 Muirfield Village Or La Quinta 1/10/2012 9:18:17 680 Rosemary Umsted 56670 Muirfield Vlg Or 1/10/2012 9:19:18 681 Kevin Huscroft 80751 Spanish Bay, PGA West, La Quinta 1/10/2012 9:23:25 682 Patricia Huscroft 80751 Spanish Bay, PGA West, La Quinta 1/10/2012 9:23:49 683 maurice holman 54773 Inverness 1/10/2012 10:23:16 684 maurice holman 80526 Spanish Bay 1/10/2012 10:23:33 685 Nanette Vodra 80-515 Weiskopf 1/10/2012 11:39:33 686 Louis R Jordan 80555 Spanish Bay 1/10/2012 13:12:42 687 daniel mulvena 57990 Troon Way, La Quima,CA 92253 1/10/2012 13:58:28 688 Loydene Lazich 56905 Mountain View 1/10/2012 15:13:13 689 Helwig Barbara 80670 Weiskopf Way 1/10/2012 18:59:02 690 Monique Rosales 80-862 Spanish Bay 1/10/2012 20:19:07 691 Rex Bloesser 81420 Golf View Drive 1/11/2012 6:56:06 692 Polly Bloesser 81420 Golf View Drive 1/11/2012 6:56:59 693 Christine Knudsen 56130 Muirfield Village 1/11/2012 9:25:27 694 Ray Busch 80455 Weiskopf 1/11/2012 10:42:46 695 Patricia Blackburn 54652 Tanglewood 1/11/2012 14:04:13 696 1T REUTER 79680 NORTHWOOD, LaQuima,CA 1/11/2012 15:58:40 697 Leslie Ward 3890 Los Arabis Drive 1/11/2012 17:12:00 698 Robert Haig 54-235 Affirmed Court, Griffin Ranch, La Quinta Ca 1/12/2012 16:28:14 Received by Fax 699 Charles Mulally 54-368 Inverness Way 11/30/11 700 Gloria "Jan" Lee 55-873 Congressional 11/17/11 701 John E. Boyle 55-010 Southern Hills 11/17/11 702 Eileen G. Boyle 55-010 Southern Hills 11/17/11 703 James R. Yarter 80-555 Pebble Beach 11/26/11 704 Kathleen M. McEntee 54-613 Oak Hill 11/02/11 705 Marcy Ginkle 54-721 Inverness Way 11/20/11 706 Ralph A. Green 55-711 Braebum 12/12/11 707 Douglas S. Foreman 54-575 Alysheba, Griffin Ranch 12/08/11 708 Lawrence I. Rubin 81-103 Monarchos Circle, Griffin Ranch 12/8/2011 709 Bill Walter 55-435 Oak Hill 12/8/2011 710 Larry Dunn 54-195 Affirmed Court, Griffin Ranch 12/8/2011 711 Stephanie Dunn 54-195 Affirmed Court, Griffin Ranch 12/8/2011 712 William M. Schwartz 54-700 Secretariat Dr., Griffin Ranch 713 Terri MacMillan 55-291 Tanglewood 10/11/2011 714 Maureen Eberts 54-576 Oak Tree 10/11/2011 715 Barbara Landers 55-174 Tanglewood 10/10/2011 716 Doug Edlund 54-057 Oak Hill 10/10/2011 717 Joyce Edlund 54-057 Oak Hill 10/10/2011 718 James M. Tsujioka 54-924 Shoal Creek 10/8/2011 719 Meris Hatfield 54-467 Southern Hills 10/7/2011 720 B.J. Lawson 55-900 Pebble Beach 10/8/2011 721 E.M. Lawson 55-900 Pebble Beach 10/8/2011 722 Perry Koon 55-897 Pinehurst 30/7/2011 723 C. Thomas Mallos 54-204 Oak Tree 10/7/2011 724 Loretta Currie 55-830 Cherry Hills 10/11/2011 725 James E. Currie 55-830 Cherry Hills 10/11/2011 726 Byron Kim Lilly 54-492 Inverness 10/7/2011 727 James Johnson 54-211 Shoal Creek 10/13/2011 728 Richard C. McGill 54-624 Oak Tree 10/13/2011 12 of 16 p 489 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 729 Mary Lynn Smith 54-624 Oak Tree 10/13/2011 730 Melvin C. Kerwin 54-988 Southern Hills 10/13/2011 731 Tom R. Sherman - 54-391 Inverness 10/11/2011 732 Richard E. Janke 54-409 Oak Hill 10/13/2011 733 Preston King 55-054 Southern Hills 10/13/2011 734 Preston King 55-574 Riviera 10/13/2011 735 Roland A. Smith 55-090 Shoal Creek 10/13/2011 736 Albie Pearson 55-473 Oak Hill 10/13/2011 737 John T. Abraham 54-293 Inverness 10/13/2011 738 Susan J. Abraham 54-293 Inverness 10/13/2011 739 Sharon Burton 55099 Tanglewood 10/12/2011 740 Robert Jacobs 54-636 Inverness 10/12/2011 741 Joe Giordano 54442 Inverness Way 10/12/2011 742 Allan Durkovik 54-781 Riviera 10/14/2011 743 Helen Louden 54-349 Inverness 10/14/2011 744 Henry Calvert 80-659 Cherry Hills 10/14/2011 745 Henry Calvert 80-635 Cherry Hills 10/14/2011 746 Pamela R. Sanders 55-467 Southern Hills 10/13/2011 747 Loydene Lazich 54-434 Oak Tree 10/14/2011 748 Claude Jennings 54-733 Inverness 10/12/2011 749 Helen Singer 54-342 Shoal Creek 10/12/2011 75O John L. Franklin 54-807 Firestone 10/19/2011 751 Sandra J. Franklin 54-807 Firestone 10/19/2011 752 George E. Nicholau 54-113 Oak Hill 10/19/2011 753 Yvonne Meier -Hull 54-475 Tanglewood 10/22/2011 754 Harley B. Saylor 54-940 Inverness 10/23/2011 755 Michael Hinman 54-725 Inverness 10/23/2011 756 Robert C. Osborn 80-385 Pebble Beach 10/24/2011 757 Gerald Wasserwald 55-087 Tanglewood 10/21/2011 758 Donald R. Robinson 54-640 Inverness 10/21/2011 759 Denis Rowley 54-8DO Inverness 10/21/2011 760 Katherine S. Sasaki 54-363 Shoal Creek 10/17/2011 761 Gary Mierau 54-673 Riviera 10/24/2011 762 Marvyn Roy 54-229 Oak Hill 10/25/2011 763 Ronald Beams 54-220 Riviera 10/20/2011 764 Corla A. Beams 54-220 Riviera 10/20/2011 765 Robert Wolff 54-670 Riviera 10/25/2011 766 Donald R. Bechen 55-645 Cherry Hills 10/25/2011 767 W. Kelsey Hunter 54-077 Oak Hill 10/28/2011 768 Diane Higgins 55-005 Firestone 10/25/2011 769 Andrew Olson 55-068 Oak Tree 10/31/2011 770 Robert Terrick 80-449 Pebble Beach 10/21/2011 771 Tamara Fierro 54-624 Inverness 10/13/2011 772 Ralph E. Korressel 79-714 Arnold Palmer 10/14/2011 773 Patrick J. Berry 54-212 Oak Tree 10/17/2011 774 Thomas A. Gableman 54-797 Inverness 10/17/2011 775 P.R. Mascoe 54-377 Inverness Way 10/17/2011 776 Enrico Tricaso 54-585 Southern Hills 10/15/2011 777 William R. Holder 79-706 Arnold Palmer 10/17/2011 778 Mark Hoppe 54-296 Inverness 10/17/2011 779 Joseph Tordone 54-746 Inverness 10/16/2011 780 Charlotte Nilsson 55-120 Firestone 10/18/2011 781 Robin Dunlap 54-656 Inverness 10/13/2011 782 Robert Santich 55-231 Tanglewood 10/17/2011 783 Edwin Archibald 54-812 Southern Hills 10/21/2011 784 Linda Archibald 54-812 Southern Hills 10/21/2011 785 Janet Montoya 54-850 Tanglewood 10/20/2011 786 Stuart Lubitz 54-550 Riviera 10/15/2011 787 Frank Persichetti 80-560 Pebble Beach 10/14/2011 788 Linda Persichetti 80-560 Pebble Beach 10/14/2011 789 Frank Persichetti 80-393 Pebble Beach 10/14/2011 13 of 16 " it 490 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 790 Linda Persichetti 80-393 Pebble Beach 10/14/2011 791 Roy Stokes 80-437 Pebble Beach 10/14/2011 792 L. Michael Larrenga 54-757 Inverness 10/14/2011 793 Marshall B. Lloyd 54-405 Inverness 10/10/2011 794 Rudolph Maravich 54-675 Southern Hills 10/8/2011 795 Ronnie Maravich 54-675 Southern Hills 10/8/2011 796 Robert P. Mack 55-405 Pebble Beach 10/9/2011 797 Patty L. Mack 55-405 Pebble Beach 10/9/2011 798 lames David 80-5130ak Tree 10/10/2011 799 John Gasper 80-567 Oak Tree 10/8/2011 800 Steve Wood 79-768 Arnold Palmer 10/11/2011 801 J.S. Pierandozzi 80-440 Pebble Beach 10/17/2011 802 Laurel L. Hill 54-227 Shoal Creek 10/18/2011 803 Gregory R. Rahn 54-227 Shoal Creek 10/18/2011 804 G.W. Cunningham 54-825 Inverness 10/19/2011 805 Ann Stubbe 55-305 Shoal Creek 20/20/2011 806 Marilyn Chesney 55-2880ak Tree 10/19/2011 807 Colleen Wilson 55-810 Pebble Beach 10/20/2011 808 Mary Rayes 54-647 Shoal Creek 10/20/2011 809 Richard R. Radcliff 55-837 Congressional 10/20/2011 810 Roy Tripaldi 55-598 Riviera 10/27/2011 811 W.J. Walsh 55-525 Cherry Hills 11/1/2011 812 Linda Amato 55-240 Riviera 11/4/2011 813 Joe Amato 55-240 Riviera 11/4/2011 814 Gerald W. Olmsted 54-480 shoal Creek 11/29/2011 815 Teresa L. Bohn 54-696 Shoal Creek 11/16/2011 816 Larry A. Bohn 54-696 Shoal Creek 11/16/2011 817 Donald Thorpe 54-836 Inverness 11/16/2011 818 Gina M. Moses 54-836 Inverness 11/16/2011 819 Lorna Gay Yokley 54-790 Southern Hills 11/16/2011 820 John D. Yokley 54-790 Southern Hills 11/16/2011 821 William W. Gow 54-460 Tanglewood 11/16/2011 822 Cameron Taylor 79-380 Canterbury 11/16/2011 823 A. Stanley Taylor 79-380 Canterbury 11/16/2011 824 Trude G. Skolnick 54-891 Southern Hills 10/17/2011 825 James Chagala 79-7380lympia Fields 10/17/2011 826 Robert L. Bergstrom 54-291 Shoal Creek 10/16/2011 827 William J. Cordica 55-539 Firestone 10/18/2011 828 James B. Crowe 54-763 Firestone 10/18/2011 829 Dorothy S. Ledford 55-471 Riviera 10/15/2011 830 Frank E. Ritchey 54-219 Shoal Creek 10/13/2011 831 James Devine 55-539 Riviera 10/14/2011 832 Carl Bongirno 54-195 Shoal Creek 10/15/2011 833 Nancy Ansbro 54-672 Inverness 10/17/2011 834 Kirk W. Detlefsen 55-305 Firestone 10/15/2011 835 Dorothy Ferrante 55-300 Tanglewood 10/14/2011 836 Robert Topek 54-998 Firestone 10/13/2011 837 MaryJane Topek 54-998 Firestone 10/13/2011 838 James Hudson 54-479 Riviera 10/11/2011 839 Stephen W. Herthel 54-354 Shoal Creek 10/17/2011 840 Stephen T. Foster 55-096 Firestone 10/13/2011 841 Alan B. Wayne 80-3510ak Tree 10/20/2011 842 Daniel A. Van Dusen 54-625 Tanglewood 10/11/2011 943 Jan H. Van Willigen 54-639 Riviera 10/11/2011 844 Carl E. Brooks 54-3470 Riviera 10/10/2011 945 Richard A. Donnelly 54-467 Southern Hills 10/6/2011 846 Lee Rosenthal 80-480 Pebble Beach 10/7/2011 847 Allen Cravello 54-598 Tanglewood 10/10/2011 848 Allen Cravello 79-7860lympia Fields 10/10/2011 849 Barbara Souza 80-035 Merion 10/24/2011 850 George Ann Goellner 55-569 Southern Hills 10/9/2011 14 of 16 If 491 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp 851 Linda Dorociak 57-8101nterlachen 10/8/2011 852 Susan 1. Lemke 80-625 Cedar Crest 10/18/2011 853 Beverly Clausen 79-945 Double Eagle Way 10/18/2011 854 Carolyn P. Meyer 54-655 Winged Foot 10/17/2011 855 Christopher J. Meyer 54-655 Winged Foot 10/17/2011 856 Nancy Chitwood 57-8861nterlachen 10/18/2021 857 Patrick J. Berry 56-465 Riviera 11/17/2011 8S8 B. Crane, Jr. Patten 80-512 Riviera 10/18/2011 859 Carol S. Van Dusen 79-825 Pecan Valley 10/12/2011 860 William Guthrie 57-125 Mountain View 10/30/2011 861 Terry Henn 81-215 Legends Way 10/28/2011 862 Dawn Henn 81-215 Legends Way 10/29/2011 863 Danni R. Good 81-065 Golf View Drive 10/20/2011 864 Kathy W. Chandler 56-095 Winged Foot 10/20/2011 865 Gloria Whitman 80-382 Spanish Bay 10/20/2011 866 Jack D. Jenkins 81-115 Legends Way 10/18/2011 867 Nina R. Jenkins 81-115 Legends Way 10/18/2011 868 James C. Wisener 80-920 Weiskopf 10/18/2011 869 Dolores Giancola 80-960 Weiskopf 10/19/2011 870 Richard E. Sanborn 81-385 Kingston Heath 10/19/2011 871 Brittany Read 57-565 Ballybunion 10/19/2011 872 Jeffrey M. Read 81-145 Shinnecock Hills 10/19/2011 873 David Hall 81-250 Legends Way 10/19/2011 874 Michael ?-CANNOT READ NAME 81-0955hinnecock Hills 10/19/2011 875 Patricia Arieto 57-925 Seminole Drive 10/19/2011 876 Ginny Jones 80-6615panish Bay 10/19/2011 877 Geraldine M. Harmina 81-225 Golf View Drive 10/18/2011 878 George J. Harmina 81-225 Golf View Drive 10/18/2011 879 Doug Embertson 81-1305hinnecock Hills 10/18/2011 880 lames E. Pehta 8D-755 Weiskopf Way 10/18/2011 881 Lauren Bockmiller 80-498 Hermitage 10/18/2011 882 W.H. Chitwood 81-340 National Drive 10/18/2011 883 tonne W. Sevekow 80-400 Spanish Bay 10/18/2011 894 W. Richard Mills 81-600 tiburon Drive 10/18/2011 885 Marge Balducci 81-200 Kingston Heath 10/20/2011 886 Susan I. Anderson 57-205 Peninsula lane 10/21/2011 887 Michael Klein 81-255 Golf View Drive 10/21/2011 888 Carol Emmons 80-560 Weiskopf 10/18/2011 889 Jack D. Willing 57-240 Peninsula Lane 10/11/2011 890 Roger Anderson 57-205 Peninsula Lane 10/21/2011 891 Leslie E. Ryan 56-007 Winged Foot 10/12/2011 892 Daniel T. Grenci 80-706 Hermitage 10/20/2011 893 Allan Bregman 80-860 Weiskopf 10/21/2011 894 Jewel Bregman 80-860 Weiskopf 10/21/2011 895 Francesca Bowyer 80-589 Spanish Bay 10/24/2011 896 Michael Gervais 55-530 Royal St. George 10/26/2011 897 Michael Gervais M810 Weiskopf 10/25/2011 898 George Porter 80-950 Weiskopf 10/21/2011 899 Christine Knudsen 56-130 MuirBeld Village 10/25/2011 900 Ronald Deovlet 81-155 Muiifiield Village 10/27/2011 901 David Balducci 81-200 Kingston Heath 10/12/2011 902 James P. Conger 81-145 Legends Way 10/8/2011 903 Joan Conger 81-145 Legends Way 10/8/2011 904 William Lazich 56-905 Mountian View 10/14/2011 905 Demoine McCarty 57-660 Ballybunion 10/18/2011 906 Michael H. Thomas 56-645 Mountain View 10/20/2011 907 Anthony Wesley 81-105 Shinnecock Hills 10/7/2011 908 Delores Smith 81-110 Shinnecock Hills 10/10/2011 909 Larry Peitzman 54-851 Shoal Creek 1/5/2012 910 Duncan Smith 54-927 Southern hills 1/5/2012 911 Terry Spraken 81-235 Legends Way 1/5/2012 .it 492 15 of 16 Madison St. Access Committee Petitions First Name Last Name Address Date Stamp Time Stamp Richard McGill 54-6240ak Tree 1/4/2012 Mary Lynn Smith 54-624 Oak Tree 1/4/2012 Kathleen Karkness 81-040 Legends Way 1/12/2012 Kaila Karkness 81-040 Legends Way 1/12/2012 Graeme Currie 56-295 Winged Foot 1/11/2012 George Petty 55-090 Riviera 1/8/2012 Frank Happ 54-865 Inverness 1/6/2012 Diane R. Anawalt 81-205 Golf Yew Drive 1/13/2012 . if 493 16 of 16