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2005 07 19 CC6z# 4kQrdjfu, City Council Agendas are Available on the City s Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La auinta, California 92253 Regular Meeting Tuesday, July 19, 2005 — 2:00 PM Beginning Resolution No. 2005-058 Ordinance No. 421 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION - NONE RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE 1 City Council Agenda 1 July 19, 2005 PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS CORRESPONDENCE FROM LA QUINTA PLAYHOUSE, DATED JULY 12, 2005. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF JUNE 15, 2005. 2. APPROVAL OF MINUTES OF JULY 5, 2005. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED JULY 19, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2005. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORTS DATED MAY 31, 2005 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2005. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY PAUL CHRISTIANSON - DATE OF LOSS: APRIL 28, 2005. City Council Agenda 2 July 19, 2005 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BOYLE ENGINEERING CORPORATION FOR ON -CALL PLAN CHECK SERVICES. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. 8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR AVENUE 52 STORM DRAIN IMPROVEMENTS. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE CALIFORNIA CHAPTER AMERICAN PLANNING ASSOCIATION TO BE. HELD AT YOSEMITE NATIONAL PARK, CALIFORNIA, OCTOBER 30 TO NOVEMBER 2, 2005. 10. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. 1 1 . APPROVAL OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO THE POINT HAPPY AND SOLITUDE ART PIECES, AUTHORIZATION TO UTILIZE ART IN PUBLIC PLACES FUNDS FOR IMPROVEMENTS, AND MODIFICATIONS TO CONTRACT WITH RAY LOPEZ ASSOCIATES. 12. APPROVAL OF A MEMORANDUM OF PARTICIPATION BETWEEN THE CITY OF LA QUINTA AND THE COMMUNITY ACTION PARTNERSHIP RIVERSIDE COUNTY. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2005-2006 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. A. RESOLUTION ACTION 2. CONSIDERATION OF A LEASE AGREEMENT WITH THE CHAMBER OF COMMERCE FOR A PORTION OF PHASE II OF THE LIBRARY. A. MINUTE ORDER ACTION 3 City Council Agenda 3 July 19, 2005 3. CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER AND MUNICIPAL CODE, REPEALING CHAPTER 2.75 CULTURAL ARTS COMMISSION; REPEALING CHAPTER 2.95 COMMUNITY SERVICES COMMISSION; AND ADDING CHAPTER 2.85, CREATING THE ARTS, PARKS AND RECREATION COMMISSION. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE FIRST READING OF ORDINANCE NO. 4. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY COMMITTEES AND COMMISSIONS. A. MINUTE ORDER ACTION 5. CONSIDERATION OF THE RED LIGHT CAMERA ENFORCEMENT PROGRAM, PROJECT NO. 2004-06. A. MINUTE ORDER ACTION 6. CONSIDERATION OF THE FORMATION OF AN AUDIT COMMITTEE. A. MINUTE ORDER ACTION 7. CONSIDERATION OF A GOLF COMMITTEE FOR SilverRock RESORT. A. MINUTE ORDER ACTION 8. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 419, AMENDING CHAPTER 2.04 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT. A. MOTION TO ADOPT ORDINANCE NO. 419 ON SECOND READING 9. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 420, AMENDING THE OFFICIAL ZONING MAP BY REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION, TO ALLOW A MULTI -FAMILY RESIDENTIAL PROJECT. A. MOTION TO ADOPT ORDINANCE NO. 420 ON SECOND READING City Council Agenda 4 July 19, 2005 STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 1 1 . PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF JUNE 1, 2005 18. PLANNING COMMISSION MINUTES OF JUNE 14 AND 28, 2005 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR JUNE, 2005 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR JUNE, 2005 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR JUNE, 2005 7. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR JUNE, 2005 9. POLICE DEPARTMENT MONTHLY REPORT FOR JUNE, 2005 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE City Council Agenda 5 July 19, 2005 J RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. 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 the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) 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. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION: 1) CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-535; AND 2) APPROVING TENTATIVE TRACT MAP 33336, THE SUBDIVISION OF EIGHT ACRES INTO 23 SINGLE-FAMILY AND OTHER MISCELLANEOUS LOTS, LOCATED ON THE NORTH SIDE OF AVENUE 58, 1,950 t FEET WEST OF MADISON STREET. APPLICANT: GLC/DUC LA QUINTA, LLC A. RESOLUTION ACTIONS 2. PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY DEVELOPED PROPERTY AND ADOPTION OF A RESOLUTION SETTING COMMERCIAL AND ROLL -OFF WASTE COLLECTION AND SERVICE FEES. A. RESOLUTION ACTIONS City Council Agenda 6 July 19, 2005 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on August 2, 2005 commencing with closed session at 2:00 PM and open session at 3:00 PM in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 19, 2005, 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 1 1 1, on July 15, 2005. DATED: July 15, 2005 9;a�� --cEye �,� JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, 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- 7025. 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 3:00 PM session or the 7:00 PM session. i11 City Council Agenda 7 July 19, 2005 WRITTEN CORRESPONDENCE ITEM: —/-- Coll g � s� 5 OF T 9 TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager,A `�l DATE: July 19, 2005 RE: La Quinta Playhouse Correspondence of July 12, 2005 Staff is in receipt of correspondence (attached) from the La Quinta Playhouse seeking financial support for Fiscal Year 2005-2006. / T v - 5 w� AGENDA CATEGORY: OF L19 COUNCEURDA MEETING DATE: JULY 19, 2005 ITEM TITLE: Demand Register Dated July 19, 2005 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated July 19, 2005 BACKGROUND: Prepaid Warrants: 64443 - 644761 127,567.36 64477 - 644791 1,017.65 644801 1,314.00 64481 - 64499) 30,707.89 645001 10,000.00 Voids} (10,092.50) Wire Transfers) 812,532.92 P/R 32822 - 328431 146,219.93 P/R Tax Transfers} 36,455.46 Payable Warrants: 64501 - 646311 2,370,703.66 $3,526,426.37 FISCAL IMPLICATIONS: Demand of Cash - City $2,932,439.72 Demand of Cash -RDA $593,986.65 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 6/30/05 - 7/14/05 7/01/05 WIRE TRANSFER - PERS $14,187.66 7/01/05 WIRE TRANSFER - ICMA $8,849.42 7/07/05 WIRE TRANSFER - PERS MEDICAL $54,965.45 7/07105 WIRE TRANSFER - PERS EMPLOYERS SHARE PREPAY $565,231.00 7/14/05 WIRE TRANSFER - LANDMARK GOLF $169,299.39 TOTAL WIRE TRANSFERS OUT $812,532.92 2 O I 1 O O O O O O O OI O O O O I- O N O \ I Y J 1 00 O IA 1- 't N O Ol O O O 0 It O N 0 %0 1 U Q I O I W F- I I� 0 r� �T O � O O O O oz O O O 1 2 0 I M O 10 N O M In O O It - 10 N 1- n W N I u F 1 rn in a- In 't ti h O C7 w 1 I ` I Q m I I e- N 10 In a- CL £ I I .n 1 I O Z 1 1 •-+ I 1 w F I 1 W 2 1 I a O 1 I 9L 1 I l7 w 1 F Z 1 i a 1 -Ic is is -K 4c -K is 4c is is is 4c is -K -c is 1- 1 0 1- 1 z I£w1 O 1 Q� I 00 00 00 00 000 00 00 OIOI 00 00 00 00 'oWor-p-t 00 ONN 00 O 1 \I 0000 00 IA In Ilf� 0:L � NN 00 OIP 00 00 00 00 �000d 00 ONN 00 u 1 W U 1 u 1 uf/f I f`l, �T �t 00 Ne- Lr%In 00 e-a- 00 00 00 00 •DN(� 00 00 Q 1 Z•-+ 1 MM 00 %0%0 NN %OMO MM In IA 00 00 �4 t%O NN NO c'1� 1%-1� I Q c I M M In. . 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ILu 1 > 1 0 00 0S 0= 0hhhM ki 4 La �� OF tom' AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Transmittal of Treasurer's Report dated May 31, 2005 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: 92. STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated May 31, 2005 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta JG 2 Tjht 4 44" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Directorlrreasurer SUBJECT: Treasurer's Report for May 31,2005 DATE: June 30, 2005 Attached is the Treasurer's Report for he month ending May 31, 2005. 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 he changes in investment types for the month: Investment $1,073,658 $4,882,720 $ (3,809,062) $ 4,882,720 (1) 4700,000) 38,963,448 (, 13,500,000 (4,802,365', Cash (3} LAIF 25,463,448 18.200,000 (2) (5,000,000) 1g7,635 115,547,749 28'543,8797 4,897,628 US Treasuries (2) 120,350,114 23,646,249 5,000,000 (2) (102,372) 0 0 US Gov't Agencies (2) _ 0 0 Commercial Paper (2) _ 5,931,380 10,230 (Corporate Notes 5 g21.15p 10,230 1 _ �,, , „nn� a 95.263 $ 190,060,112 $ 18,488,213 estments and is in compliance with the California I certify that this report accurately reflects all pooled inv Government Code; and is in conformity with the City Investment Policy. ent pated As Treasurer of the City of La Q hetaoohereby expenitcertify requthat iremelent investrn nts for the next ls x Imon months. The 'C City of revenues are available to meetp La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and he Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. 7�4 Zv�s Date Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in he other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 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C tl u m o iIn m ° m4U a wJa�-.C7 o m ° m o U LL °adf-C� mF' m m c 6 a€w y E m>- m m a N O� C> y 7 U 6 d 3 I c W Z 7 W m m N E` m N m m U0� (D ( 0 -a E m 0'. 2 2y c) t m m m py c Q my .A. o m E +3 19 mi9 �?V)•c o m E Lp mf9��.c o c9 C�d_oaVD_ U a w_ a in F- 0 U0_j u. ao F- U F-Utn7�aU�F- F-Utn»a�, V 4 City of La Ouinta Reconciliation of Actual and Surplus Funds City, Redevelopment Agency and Financing Authority May 31, 2005 Balance of Actual Funds 190.080,112 Less Petty cash Funds (1,000) Less Non -Surplus Funds (1,233,024) Balance of Surplus Funds $188,828,088 City Cash & Investments Bank Accounts Name-Avallabili Surplus Type Book WellsFargo- Demand No Checking $ 1,D45,406 Petry Cash - Demand No N/A 1,000 Wells Fa o/Housi -Demand Yes Checking 27.252 Total - Bank Accounts $ 1,073,658 U. S. Treasury Amortized Custodian - Availabili Surplus Issu r/TvDe Value Bank of New York - Demand Yes U.S. Treasury Note 4,996,093 Bank of New York - Demand Yes U.S. Treasury Note 5,002.459 Bank of New York - Demand Yes U.S. Treasury Note 3,993,749 Bank of New York - Demand Yes U.S. Treasury Note 5,004.654 Bank of New York - Demand Yes U.S. Treasury Note 4.993.784 Bank of New York - Demand Yes U.S. Treasury Note 3,984,193 Bank of New York - Demand Yes U.S. Treasury Note 5,001 758 Total - U.S. Treasury32,978,890 U.S. Government Securities Custodian - Availabili Surplus Issuer/T a Amortized Value Bank of New York - Demand Yes FNMA 5.081.832 Bank of New York - Demand Yes FHLB 1,995,780 Bank of New York - Demand Yes FHLB 1,996.175 Bank of New York - Demand Yes FHLB 2,539,525 Bank of NewYork- Demand Yes FNMA -Discount 1.964.657 Bank of New York - Demand Yes FHLB 7.597,200 Bank of New York - Demand Yes FreddleMac - Discount 2,452,105 Total - U.S. Government Securities 23,627,274 Local Agency Investment Fund Name - Availabili Surplus T Book LAIF- City -Demand Yes State Pool 35,350,474 LAIF - RDA - Demand Yes State Pool 3,012,974 Total- State Pool 38.963,448 Surplus Surplus Yes Ad Yes 27,252 27,252 $ 27,252 $ $ 27,252 Surplus Surplus Yes Ad Yes 4,998,093 4,998,093 5,002,459 5,002,459 3,993,749 3,993,749 5,004,854 5,004,854 4,993,784 4,993,784 3,984,193 3,984,193 5 OOi 758 5,001 758 32,976,690 32,976,690 Surplus Yes Adj Surplus Yes 5,081,832 5.081,832 1.995,780 1,995,780 1,996,175 1,90,175 2,539,525 2,539,525 1,964,657 1,964,657 7,597,200 7,597,200 2452105 2,452105 Surplus Surplus No AtliNo $ 1,045,406 $ 187.618 $ 1,233,024 1,000 1,000 $ 1,046,406 $ 187.618 $ 1.234,024 All Funds Surptus Actual % Yes 0.5799% 0.0148% All Funds Surplus Actual % Yes 17.8114% 17.9309% Surplus Surplus All Funds I Surplus No Adl No Actual % I Yes 23,627,274 23,627,274 12.7616% 12.8472% Surplus Surplus Yes Ad' Yes 35,350.474 (187,618) 35,162,856 3,612 974 3,612,974 38,963,448 187,618 38.775,830 Surplus Surplus All Funds Surplus No Adj No Actual % Yes 21.0450% 21.0842% Total City Investments 95,567,4121 95,567,412 187,618 95,379,794 51.6180% 51.8824% Total City Cash & Investments 98,841,0701 95,594,664 187,818 95,407,0461 1,048 408 1 187,818 1,234,024 52.1979% 51.8772Ye Fiscal Agent Investments Portfolio - City Investments Amortized Custodian - Availabili Surplus Issuer/Type Value. 2002 RDA U.S. Bank-CIP Yes U.S.Treasury Bill 27,736,335 2004 Finance Authority -CIP Yes U.S.Treasury Bill 9,903.061 2004 Finance Authority -CIP Yes U.S.Treasury Bill 44,931.663 Yes Total - U.S. Treasury 82,571,059 Portfolio - Mutual Funds Trustee - Availability Surplus Money Market Mutual Fund Book Value Civic Center U.S.Bank- Project YES 1st American Civic Center U.S.Bank - Debt Svc YES 1 sl American 62 1994 RDA U.S. Bank -Debt Svc YES 1st American 190 RDA U.S.Bank -CIP YES islAmerican 1995 RDA U.S.Bank - Special Fund YES 1st American 20D4 Fin Auth - 1995 US Bank - Escrow YES 1st American 101 1998 RDA U.S.Bank -CIP YES 1st American 19M RDA U.S.Bank - Dbt Svc YES 1st American 1998 RDA U.S.Bank - Special Fund YES 1st American 1998 RDA U.S.Bank - CIP YES 1st American 2001.RDA U.S. Bank - Dbt Svc YES 1st American 2D01RDA U.S.Bank -CIP YES 1stAmerican 2002 RDA U.S. Bank - Dbt Svc YES 1st American 2002 RDA U.S. Bank - CIP YES 1st American 2,086.656 2003 Taxable RDA U.S. Bank - DS YES 1st Amedcan 2003 Taxable RDA U. S. Bank -COI YES 1 st American 2003 Taxable RDA U. S. Bank-CIP YES 1st American 2004 Fin Auth US Bank - CIP YES 1st American 3,939,475 2004 Fin Auth US Bank - COI YES Ist'American 5.086 Subtotal - Mutual Fund 5,931,380 Surplus Surplus Yes Adi Yes 27,736.335 27,736,335 9,903,061 9,903,061 44.931,663 44.931,683 82,571,059 82,571,059 Surplus Yes Adj Surplus Yes 62 62 101 101 2,086,656 2,086,656 3,839,475 3,839,475 5,086 5,086 5,931,380 5,931,380 Surplus Surplus No Ad' No Surplus No Adl Surplus No All Funds Surplus Actual % Yes 44.5984% 44.8977% All Funds Surplus Actual % Yes 3.2037% 1 3.2252 % Total Fiscal Agent Investments 88,502,4391 88,502,439 88,502,439 47.8021% 48.1228% Grand Total 185,143,5091 184,097,103 1 187, 818 183,909,485 1,046,408 1 187,818 1234,024 100.0000% t00.0000Y. 63 E to to Cl) OD rNM Go ro N V N rt N q N u N00m M O H' (9 aD ONN N N N r r W OD0 'It N N V O V N V n an0 (V cn co LLN7 .... m 4 M V N o N c(1 N 0 L o In N �? -X Vy E n O V V_ (h W (D r- O C O N N O 1r yN y O ` pc (0 N N OO V� r W r 0 CO M (0 pMj 0 N N Q C r MCO,� cn— - c`j 9 02 N N V (n M r NC) (NO Q q CD � V M OOOnN co co C O V M O '.: O co m Ua cn cD O rNOM (Or N V N C�.l LL OD O r Cl)aU� ` N N (0 c(i 0 r (+1 m4r (n om OCl) ro(oco M r r N M r Q1 (y � ��ro O C0 Q E N �OI O't o to O a0 r n (ri m r N 4 m e N n O C U. 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E E E �� w w w ' � m ,tl 11 O of C C C< d LL 6� 11 E cc Q 0 y C c c0 LU — N •7 Q Q C Q ■ N C d E y U w L d Cm G (Q U N 'u. 0 W C E w LL. '0 N N ` ft1 f0 � C Q J w c E is N L U d a+ d �-+ C a it w = 0 in Cy O L y ca Ul H 0 4- ,40 N 2 U E � a � � � o 0 C o-0-0 0 � I d� o � o LO o Ln o M c� CV N�ua�Jad� o 6 ■ 1 i .1 .1 .1 ■ 1 1 1 1 ■ 1 1 .I I I I I I i 1 1 1 1 1 'i 11 I 1 � 1 Vri 12 ceit�v 4 stP Qu&r4ry COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Transmittal of Revenue and Expenditure Reports dated May 31, 2005 and Investment Summary Report for the Quarter Ending June 30, 2005 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: as STUDY SESSION: PUBLIC HEARING: Transmittal of the May 31, 2005 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending June 30, 2005. Respectfully submitted, Jon M Falconer, Ffnance Director Approved for submission by: rl—yo. 0 - � - , - I � /— Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, May 31, 2005 2. Investment Summary Report for the Quarter Ending June 30, 2005 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2004 - 05/31/05 FUNDS BUDGET RECEIVED RECEIVED General $23,658,504.00 $27,299,803.36 115.40% Library 649,500.00 776,970.03 119.60% Gas Tax Revenue 622,200.00 520,871.02 83.70% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 100,612.50 100.60% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 178,903.73 100.90% Lighting & Landscaping 825,800.00 789,884.48 95.70% RCTC 411,644.00 0.00 0.00% Quimby 153,900.00 1,118,552.89 726.80% Infrastructure 15,600.00 7,885.42 50.50% Village Parking 0.00 0.00 0.00% South Coast Air Quality 175,700.00 229,584.02 130.70% Cmaq/Istea 553,785.00 419,323.33 75.70% Transportation 758,700.00 2,078,417.43 273.90% Parks & Recreation 501,000.00 668,039.83 133.30% Civic Center 192,500.00 543,077.77 282.10% Library Development 112,500.00 297,033.00 264.00% Community Center 59,200.00 134,357.94 227.00% Street Facility 11,700.00 28,995.32 247.80% Park Facility 3,000.00 7,021.68 234.10% Fire Protection Facility 32,100.00 147,073.91 458.20% Library Development (County) Facility 190,963.00 191,996.61 100.50% Arts In Public Places 98,600.00 203,461.85 206.40% Interest Allocation 0.00 284,577.14 0.00% Capital Improvement 82,928,658.68 33,094,305.19 39.90% Assessment District 2000-1 6,000.00 3,948.90 65.80% Equipment Replacement 388,860.00 370,228.87 95.20% Information Technology 423,568.00 412,594.92 97.40% Park Equipment & Facility 14,113,209.00 14,115,612.72 100.00% SilverRock Golf 1,911,056.00 903,260.77 47.30% LQ Public Safety Officer 2,100.00 2,079.58 99.00% La Quinta Financing Authority 3,681,249.00 3,667,705.34 99.60% RDA Project Area No. 1 37,251,041.00 39,712,885.23 106.60% RDA Project Area No. 2 37,593,009.00 31,006,039.33 82.50% Total $207 944,351.68 $159,315,104.11 76.60% CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2004 - 05/31/05 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $25,805,871.00 $18,893,557.43 $68,279.81 $6,844,033.76 73.2% Library 3,173,013.00 789,775.27 0.00 2,383,237.73 24.9% Gas Tax 897,998.00 731,412.07 0.00 166,585.93 81.4% Federal Assistance 509,535.00 124,753.00 0.00 384,782.00 24.5% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 100,000.00 100,000.00 0.00 0.00 100.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 177,250.00 0.00 0.00 177,250.00 0.0% Lighting & Landscaping 825,800.00 756,983.33 0.00 68,816.67 91.7% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 821,871.00 108,495.90 0.00 713,375.10 13.2% Infrastructure 1,140,356.00 193,143.91 0.00 947,212.09 16.9% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 239,349.00 210,692.87 0.00 28,656.13 88.0% Cmaq/lstea 553,785.00 419,323.33 0.00 134,461.67 75.7% Transportation 4,444,962.00 955,669.40 0.00 3,489,292.60 21.5% Parks & Recreation 214,814.00 104,707.99 0.00 110,106.01 48.7% Civic Center 3,486,090.00 294,051.12 0.00 3,192,038.88 8.4% Library Development 3,746,450.00 3,746,450.00 0.00 0.00 100.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 17,910.16 0.00 (17,910.16) 0.0% Library County DIF 590,863.00 590,863.00 0.00 0.00 100.0% Arts In Public Places 560,938.68 126,669.18 0.00 434,269.50 22.6% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 82,928,658.68 33,094,305.19 137,842.79 49,696,510.70 39.9% Proposed Assessment Di 142,507.00 147,372.00 0.00 (4,865.00) 103.4% Equipment Replacement 1,097,339.00 275,936.59 45,786.71 775,615.70 25.1% Information Technology 724,811.00 260,460.57 26.94 464,323.49 35.9% Park Maintenance Facility 0.00 12,676.09 4,315.82 (16,991.91) 0.0% SilverRock Goff 2,317,410.00 1,174,126.56 13,016.20 1,130,267.24 50.7% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authi 3,735,955.00 3,722,825.39 0.00 13,129.61 99.6% RDA Project Area No. 1 82,937,511.00 53,454,045.59 0.00 29,483,465.41 64.5% RDA Project Area No. 2 31,793,177.00 22,013,426.83 0.00 9,779,750.17 69.2% Total 255,023,250.36 $142,319,632.77 $269,268.27 $112,434,349.32 3 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTALTAXES LICENSE & PERMITS: FEES: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTALFEES INTERGOVERNMENTAL INTEREST MISCELLANEOUS Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL Miscellaneous Revenue Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01/2004 - 05131105 REMAINING BUDGET RECEIVED BUDGET 743,400.00 1,062,332.22 (318,932.22) 1,233,100.00 1,093,876.37 139, 223.63 4,072,200.00 4,307,604.72 (235,404.72) 1,334,500.00 1,332,763.00 1,737.00 539,700.00 899,326.11 (359,626.11) 4,030,300.00 3,835,913.67 194,386.33 0.00 405,000.00 (405,000.00) 797 800.00 755,445.92 42,354.08 12,751,000.00 13,692,262.01 (941,262.01) 202,500.00 238,078.40 (35,578.40) 15, 400.00 13, 953.50 1,446.50 493,800.00 1,756,942.84 (1,263,142.84) 84,400.00 287,735.17 (203,335.17) 43,100.00 158,044.79 (114,944.79) 85,000.00 238,441.72 (153,441.72) 5,000.00 14,180.00 (9,180.00) 42 200.00 232,057.87 (189,857.87) 971,400.00 2,939,434.29 (1,968,034.29) 4,400.00 10,957.96 (6,557.96) 191,800.00 236,615.68 (44,815.68) 471,000.00 1,158,137.88 (687,137.88) 222,400.00 211,005.00 11,395.00 584 400.00 1,455,841.60 (871,441.60) 1,474,000.00 3,072,558.12 (1,598,558.12) 1,455,300.00 1,013,588.52 441,711.48 77,500.00 86,264.25 (8,764.25) 41,900.00 25,900.76 15,999.24 31,609.00 41,591.57 (9,982.57) 182,100.00 0.00 182,100.00 0.00 0.00 0.00 8,451.00 49,481.12 (41,030.12) 3,775,081.00 2,976,821.46 798,259.54 175,000.00 174,158.19 841.81 5,746,941.00 4,367,805.87 1,379,135.13 1,859,300.00 2,475,930.49 (616,630.49) 17,100.00 166,567.15 (149,467.15) 316,011.00 346,000.00 (29,989.00) 0.00 0.00 0.00 0.00 (39.57) 39.57 333,111.00 512,527.58 (179,416.58) 522,752.00 239,285.00 283,467.00 23,658,504.00 27,299,803.36 (3,641,299.36) 1 'J 4 07/01/2004 - 05/31/05 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 753,885.00 423,469.76 0.00 330,415.24 CITY MANAGER'S OFFICE 849,100.00 722,055.68 17,500.00 109,544.32 ECONOMIC DEVELOPMENT 840,600.00 745,364.94 0.00 95,235.06 PERSONNEURISK MGT 794,069.00 481,161.45 0.00 312,907.55 TOTAL GENERAL GOVERNMENT 3,237,654.00 2,372,051.83 17,500.00 848,102.17 CITY CLERK 526,211.00 447,873.53 305.00 78,032.47 TOTAL CITY CLERK 526,211.00 447,873.53 305.00 78,032.47 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 789,610.00 538,974.74 2,764.00 247,871.26 SENIOR CENTER 376,294.00 275,600.03 0.00 100,693.97 PARKS & RECREATION PROGRAMS 185,003.00 157,258.90 0.00 27,744.10 TOTAL COMMUNITY SERVICES 1,350,907.00 971.833.67 2,764.00 376,309.33 FINANCE: FISCAL SERVICES 726,376.00 555,423.94 0.00 170,952.06 CENTRAL SERVICES 659,448.00 510,916.12 2,427.61 146,104.27 TOTAL FINANCE 1,385,824.00 1,066,340.06 2,427.61 317,056.33 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 233,576.30 0.00 87,940.70 BUILDING 1,346,594.00 1,176,075.13 0.00 170,518.87 CODE COMPLIANCE 658,084.00 433,841.90 0.00 224,242.10 ANIMAL CONTROL 302,229.00 176,131.58 0.00 126,097.42 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 1,043,293.24 0.00 63,030.76 TOTAL BUILDING & SAFETY 3,734,748.00 3,062,918.15 0.00 671,829.85 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 4,554,914.35 0.00 2,259,039.65 FIRE 3,881,825.00 2,638,266.31 0.00 1,243,558.69 EMERGENCY SERVICES 45,193.00 27,430.53 0.00 17,762.47 TOTAL PUBLIC SAFETY 10,740,972.00 7,220,611.19 0.00 3,520,360.81 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 375,211.12 0.00 181,674.88 CURRENT PLANNING 750,085.00 518,821.86 3,048.86 228,214.28 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 894,032.98 3,048.86 409,889.16 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 277,879.00 219,805.82 0.00 58,073.18 DEVELOPMENT & TRAFFIC 1,226,366.00 1,140,365.24 0.00 86,000.76 MAINT/OPERATIONS - STREETS 2,188,469.00 1,327,608.51 32,329.62 828,530.87 MAINT/OPERATIONS - LTG/LANDSCAPING 1,760,213.00 1,467,651.68 9,904.72 282,656.60 MAINT/OPERATIONS - PARK MAINTENANCE 915,140.00 770,923.36 0.00 144,216.64 CONSTRUCTION MANAGEMENT 878,817.00 616,859.04 0.00 261,957.96 TOTAL PUBLIC WORKS 7,246,884.00 5,543,213.65 42,234.34 1,272,265.01 TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 316,954.00 223,779.38 0.00 93,174.62 (4041254.00) (2,909,097.01) 0.00 (1,132,156.99) 25,805,871.00 18,893,557.43 68,279.81 6,844,033.76 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTALLLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING REMAINING BUDGET RECEIVED BUDGET 649,500.00 760,923.58 (111,423.58) 0.00 0.00 0.00 0.00 16,046.45 (16,046.45) 649,500.00 776,970.03 (127,470.03) 193,100.00 168,120.36 24,979.64 137,900.00 120,700.52 17,199.48 256,900.00 222,527.86 34,372.14 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 3,522.28 4,077.72 622,200.00 520,871.02 101,328.98 340,355.00 0.00 340,355.00 0.00 0.00 0.00 340,355.00 0.00 340,355.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 100,000.00 100,000.00 0.00 0.00 612.50 (612.50) 100,000.00 100,612.50 (612.50) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 0.00 1653.73 (1,653.73) 177,250.00 178,903.73 (1,653.73) 825,800.00 789,884.48 35,915.52 0.00 0.00 0.00 0.00 0.00 0.00 825,800.00 789,884.48 35,915.52 411,644.00 0.00 411,644.00 0.00 0.00 0.00 411,644.00 0.00 411,6 .00 150,000.00 1,112,874.81 (962,874.81) 3,900.00 5,678.08 (1 778.08) 153,900.00 1,118,552.89 (964,652. 0.00 0.00 15,600.00 7,885.42 7,714.58 0.00 0.00 0.00 15,600.00 7,885.42 7,714.58 0.00 0.00 0:00 0.00 0.00 0.00 �h l�] CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY PARK FACILITY Developer fees Interest TOTAL STREET FACILITY Developerfees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 28,698.72 5,716.28 139,285.00 198,983.47 (59,698.47) 0.00 0.00 2,000.00 1,901.83 98.17 175,700.00 229,584.02 (53,884.02) 553,785.00 419,323.33 134,461.67 0.00 0.00 0.00 553,785.00 419,323.33 134,461.67 721,400.00 2,012,230.43 (1,290,830.43) 37,300.00 66,187.00 (28,887.00) 0.00 0.00 0.00 758,700.00 2,078,417.43 (1,319,717.43) 501,000.00 662,636.00 (161,636.00) 0.00 5,403.83 (5,403.83) 0.00 0.00 0.00 501,000.00 668,039.83 (167,039.83) 192,500.00 524,566.68 (332,066.68) 0.00 18,511.09 (18,511.09) 0.00 0.00 0.00 192,500.00 543,077.77 (350,577.77) 112,500.00 297,033.00 (184,533.00) 0.00 0.00 0.00 0.00 0.00 0.00 112,500.00 297,033.00 (184,533.00) 48,500.00 127,658.00 (79,158.00) 10,700.00 6,699.94 4,000.06 59,200.00 134,357.94 (75,157.94) 9,800.00 27,487.83 (17,687.83) 1,900.00 1,507.49 392.51 11,700.00 28,995.32 (17,295.32) 2,500.00 6,621.00 (4,121.00) 500.00 400.68 99.32 3,000.00 7,021.68 (4,021.68) 32,100.00 146,330.93 (114,230.93) 0.00 742.98 (742.98) 32,100.00 147,073.91 (114,973.911 190,863.00 190,863.00 0.00 100.00 1133.61 (1,033.61) 190,963.00 191,996.61 (1,033.61) 97,500.00 195,868.71 (98,368.71) 0.00 0.00 0.00 1100.00 7,593.14 (6,493.14) 98,600.00 203,461.85 (104,861.85) 0.00 284,577.14 (284,577.14) 0.00 0.00 0.00 0.00 284,577.14 (284,577A4) CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Allocated Interest Income Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 574,953.21 6,017,603.79 877,462.00 28,983.40 848,478.60 0.00 0.00 0.00 244,800.00 0.00 244,800.00 43,750.00 0.00 43,750.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 664,658.00 223,637.00 441,021.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 74,365,044.68 32,266,731.58 42,098,313.10 82,928,658.68 33,094,305.19 49,834,353.49 6,000.00 3,948.90 2,051.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 3,948.90 2,051.10 328,160.00 328,160.35 (0.35) 0.00 0.00 0.00 0.00 350.00 (350.00) 0.00 15,203.00 (15,203.00) 60,700.00 26,515.52 34,184.48 0.00 0.00 0.00 388,860.00 370,228.87 18,631.13 416,568.00 406,111.00 10,457.00 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 6,483.92 516.08 0.00 0.00 0.00 423,568.00 412,594.92 10,973.08 250,000.00 250,000.00 0.00 0.00 2,403.72 (2,403.72) 13 863 209.00 13,863,209.00 0.00 14,113,209.00 14,115,612.72 (2,403.72) 1,646,790.00 733,629.31 913,160.69 22,696.00 10,591.00 12,105.00 0.00 51,280.00 (51,280.00) 119,681.00 56,785.91 62,895.09 0.00 (997.20) 997.20 121,889.00 51,971.75 69,917.25 1,911,056.00 903,260.77 1,007,795.23 2,000.00 2,000.00 0.00 100.00 79.58 20.42 2,100.00 2,079.58 20.42 0 CITY OF LA QUINTA 07/01/2004 - 05131/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 3,173,013.00 789,775.27 0.00 2,383,237.73 TOTAL LIBRARY FUND 3,173,013.00 789,775.27 0.00 2,383,237.73 GAS TAX REIMBURSE GENERAL FUND 622,200.00 570,350.00 0.00 51,850.00 TRANSFER OUT 275,798.00 161,062.07 0.00 114,735.93 TOTAL GAS TAX FUND 897,998.00 731,412.07 0.00 166,585.93 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 124,753.00 0.00 384,782.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,000.00 100,000.00 0.00 0.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177,250.00 0.00 0.00 177,250.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 756,983.33 0.00 68,816.67 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTGILANDSCAPING FUND 825,800.00 756,983.33 0.00 68,816.67 RCTC TRANSFER OUT 2,056,829.00 0.00 0.00 2,056,829.00 TOTAL RCTC 2,056,829.00 0.00 0.00 2,056,829.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 821,871.00 108,495.90 0.00 713,375.10 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 193,143.91 0.00 947,212.09 TOTAL INFRASTRUCTURE 1,140,356.00 193,143.91 0.00 947,212.09 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 22,945.00 11,709.40 0.00 11,235.60 TRANSFER OUT 216,404.00 198,983.47 0.00 17,420.53 TOTAL SOUTH COAST AIR QUALITY 239,349.00 210,692.87 0.00 28,656.13 CMAQIISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 553,785.00 419,323.33 0.00 134,461.67 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 392,878.00 392,878.00 0.00 0.00 TRANSFER OUT 4,052,084.02 562,791.40 0.00 3,489,292.60 TOTAL TRANSPORTATION 4,444,962A0 955,669.40 0.00 3,489,292.60 PARKS & RECREATION INTEREST ON ADVANCE 0.00 58,067.98 0.00 (58,067.98) TRANSFER OUT 214,814.00 46,640.01 0.00 168,173.99 TOTAL PARKS & RECREATION 214,814.00 104,707.99 0.00 110,106.01 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 187,335.50 0.00 17,030.50 TRANSFER OUT 3,281,724.00 106,715.62 0.00 3,175,008.38 TOTAL CIVIC CENTER 3,486,090.00 294,051.12 0.00 3,192,038.88 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 3,746,450.00 3,746,450.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 3,746,450.00_ 0.00 0.00 �"' ATTACHMENT 2 CITY OF LA QUINTA 07/01/2004 - 05/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 17,910.16 0.00 (17,910.16) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 17 910.16 0.00 (17,910.16) LIBRARY COUNTY 0.00 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 590,863.00 590,863.00 0.00 0.00 TOTAL LIBRARY COUNTY DIF 590,863.00 590,863.00 0.00 0.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 188,813.00 47,658.50 0.00 141,154.50 TRANSFER OUT 366,825.68 79,010.68 0.00 287,815.00 TOTAL ART IN PUBLIC PLACES 560,938.68 126,669.18 0.00 434,269.50 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 81,875,170.68 32,958,526.01 137,842.79 48,778,801.88 PROJECT REIMBURSEMENTS TO GEN FUND 1,053,488.00 135,779.18 0.00 917,708.82 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 82,928,658.68 33,094,305.19 137,842.79 49,696,510.70 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142 507.00 147 372.00 0.00 (4,865.00) TOTAL AD 2000-1 142,507.00 147,372.00 0.00 (4,865.00) EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 440,339.00 275,936.59 45,786.71 118,615.70 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,097,339.00 275,936.59 45,786.71 775,615.70 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 724,811.00 260,460.57 26.94 464,323.49 TOTAL INFORMATION TECHNOLOGY FUND 724,811.00 260,460.57 26.94 464,323.49 PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 12,676.09 4,315.82 (16,991.91) TRANSFER OUT TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 12,676.09 0.00 4,315.82 0.00 (16,991.91) SILVERROCK GOLF OPERATING EXPENSES 2,317,410.00 1,174,126.56 13,016.20 1,130,267.24 TOTAL SILVERROCK GOLF 2,317,410.00 1,174,126.56 13,016.20 1,130,267.24 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 ATTACHMENT 2 m O C O 0 LL (0 E E 7 C N o E C � � CY E 0 - 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Uj uj uj vj pj U U N Z 2 2 2 2 2 2 S O JO LL LL LL LL LL LL LL U- J � C C � j O U M t9 J L O m U L f9 s a (>a O O C O 0 C U _ U p c E N 00 O r- (L U a Q' 0 c p E = O O d ECD 7 a O) CUN — 0.0 0 N ` N C o C E m 0 a) � � 0 O > N O C L 7 O f- 0 N :0 N a U 7 7 p (0 a 0 S r� ► Q Q, C U 0 o V_ O a) f6 LL U to J J F- 11 04 �o ' S or �9ti COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Paul Christianson — Date of Loss: April 28, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Paul Christiansen, with a reported date of loss of April 28, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $925. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Paul Christiansen with a reported date of loss of April 28, 2005 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Paul Christiansen with a reported date of loss of April 28, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, tiv a 4 1 sue-_. Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Paul Christiansen, Claim for Damages 2 '7 3 ��,� ATTACHMENT 1 FILE OFFICE CLAIM FOR DAMAGES 1 CITY CLERK'S City of La Quinta TO PERSON OR PROPERTY P.O. Box 1504 CLAIM NO. La Quinta, CA 92253 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be tiled not later than six months alter the occurrence. (Gov. Code § 9112.) 2 Claims for damages to real property must be filed not later than 1 year alter the occurrence. (Gov. Code § 9111) `� �-- A •� °v; f - 3. Read entire claim form before tiling. 4. See page 2 for diagram upon which to locate place of acddent 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, t necessary, to give full details. SIGN EACH SHEET. TO: [Name of City]/ I Date of ' of t f— 4 / NameofPaimant �j tkcupation of t G 1-5 7`/ ig Home Address of Claimant and State n Home Telep me of Cla kwt Business Address of Cla'anant City and State Bu ' Telephone of Claimant ~p _. J-0 X..4 Z4 Z Give address and telephone number to which you desire nolloes or mucaG= b be sent Ctaananfs Social Security No - regarding claim: el7 When Y occurt Names of any dtY employees invoNed in Ut1URY or DAMAGE Date: Time: If pain is for Equitable krderrrdty, give date ,c / X ctai wt served with Ite oompiairtt Date: Where did DAMAGE or INJURY occur? Describe. fully. and bate on diaaram on reverse side of lhis sheet Where amrwriate. give street names and address and measurements from landmarks: / ` LZ Describe in deW how the DAMAGE or. INJURY occurred. Cal% -vd �3L��v .y4 Why do you claim the city is responsible? Describe in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE' The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ 22 > Expenses for medical and hospital care ..... $ Loss of earnings ........................ $ Special damages for ................. I ... $ Future expenses for medical and hospital care .$ Future loss of earnings ....................$ Other prospective special damages ..........$ Prospective general damages ..............$ ---- Total estimated prospective damages . , .....$ General damages .......... I............ $ "-- Total damages incurred to date .......... $ , OO Total amount claimed as of date of presentation of this clanwfl9�3 O0 Was damage and/or injury investigated by police? e2 If so, what W. _ Were paramedics or ambulance called? . .f, g5) If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit / WITNESSES to DAMAE or INJ RY: List al persons and addresses of persons kac b have information: Address Phone Name Address Phone Name =Address Phone DOCTOR AND HOSPIT Hospital Address Phone Doctor Address Phone Doctor Address Phone READ ( For al accident claim place on blowing diagram name of streets, including North, East, South, And West; indicate place of accident by'r and by showing house nurnbers or distances to street comers. If Ciiy.Vehide was involved, designate by letter K location of CIy Vehicle when you first saw it, and by "B' location of yourself or your vehicle when you first saw City Vehicle; location of City vehicle at time of CURB ='- Q-Z/'4 � 77 's or person Wing on accident by A-1' and location of yourself or your vehicle at the lime of the accident by'&1' and the point of impact by -X- NOTE: Idiaguns below do not fit the situation, attach hereto a proper diagram signed bydaimanL SIDEW "OVY 6`174e PARKWAY SIDEWALK Date: NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) CURB 31 M DENT -MASTERS INVOICE/ 5 8171 ESTIMATE OF4REPAIRS OWNER: �r *, DATE: ADDRESS:, � /� HO EST. NO. INSURANCE CO. ORDER NO. ADDRESS: PHONE: LICENSE NO. YE.j®R-MAKE: G S, MODEL: 33 MILEAGE: �j GHQ c� MOTOR NO. SE O. �ju`L`o PARTS PRICES BASED ON STANDARD CATALOG PROCUREMENT. PARTS PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PROCUREMENT ANDDELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY. TOTAL MATERIAL OLD PARTS REMOVED FROM CARS WILL BE JUNKED UNLESS OTHERWISE INSTRUCTED IN WRITING. THE ABOVE IS AN ESTIMATE BAS ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER WO E NED UP. OCCASIONALLY AFTER WORK HAS BEEN STARTED, WORN PARTS ARE DISCOVERED WHICH AlO EVIDENT r FIRST INSPECTION. BECAUSE OF THIS ABOVE PRICES ARE NOT GUARANTEED. r 11 ESTIMATE ESTIMATED BY: APPROVED BY: TOTAL LABOR TOTAL MATERIAL TAX AUTHORIZED A TED BY OWNER OR AGENT DATE: PAID OUT -TOW & STORAGE SUBLET REPAIRS TOTAL ' AS LISTED FOR LABOR AND MATERIALS - VERBAL AGREEMENTS NOT BINDING - ESTIMATES FREE 3 6 ceit�t 4 ml4aQu;Hrw COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Approval of a Professional Services Agreement to Boyle Engineering Corporation for On - Call Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Boyle Engineering Corporation (Attachment 1) for on -call plan check services. FISCAL IMPLICATIONS: No significant fiscal impact is anticipated. Approval of the PSA allows greater flexibility in plan check service assignments. Plan check fees are prepaid by development applicants at $750 per sheet. On -call plan check service fees under the proposed Boyle Engineering Corporation PSA are "time & materials" not to exceed $600 per plan sheet. The additional $150 per sheet is anticipated to cover staff administrative time on plan processing. The existing City on -call plan check PSA's in force with outside consultants are at similar rate schedules. Plan check fees may be reduced as a result of the "time & materials" not to exceed contract terms. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Public Works/Engineering Department is developing relationships with four plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Historically, Public Works on -call outside plan check was sole sourced to Berryman & Henigar. Staff believes that there are numerous benefits to being able to rely upon more than a single firm for checking any given type of improvement plan or subdivision map, including reductions in turnaround time. As a result, the multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept has helped the City improve quality and improve turnaround times in map and plan checking. 84 Staff has received very positive feedback from the developer engineering community regarding the large scale restructuring of the City plan check system. NAI Consulting is currently under City contract for plan check services as of January 6, 2005. Bureau Veritas/Berryman & Henigar and NRO Engineering contracts with the City were approved April 19, 2005. Boyle Engineering currently performs plan check services for the County of Riverside. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement with Boyle Engineering Corporation for on -call plan check services; or 2. Do not approve a Professional Services Agreement with Boyle Engineering Corporation for on -call plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, (ib; thy R nas , P. E. Pulic Wor Direc or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Boyle Engineering Corporation PSA S:\CityMgr\STAFF REPORTS ONLY\C6 Boyle Plan Check Staff Report.doc '2 85 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Boyle Engineering Corporation ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to On Call Plan Check Services for Private Development Plans as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant 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, Consultant 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. Consultant 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, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant 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 Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant 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 Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall nc.ft 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. 3 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 1 of 15 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). 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, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"�, 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 Consultant'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 Consultant wishes to receive payment, Consultant 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 Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 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 Consultant, 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 Consultant 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. 37 4 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 2 of 15 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 December 31, 2005, with an option to extend the agreement for an additional one-year. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following representatives and principals of Consultant are hereby designated as being the representatives and principals of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Joe Baldino II b. Henry Pao It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing representatives and principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representatives and principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing representatives and principals may not be changed by Consultant 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 Paul Goble, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant 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 Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract 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. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 33 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 3 of 15 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $ 500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 0 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 4 of 15 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant 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 Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant 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 Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant 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 principals. 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. 93 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 5 of 15 7 6.3 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 Consultant, 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 Consultant 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. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant 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 Consultant 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 Consultant 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. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant 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. Consultant 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. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim 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 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. .91 8 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 6 of 15 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant 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 Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 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 Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant 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 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant 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 Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 7 of 15 8.2 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. Consultant 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. 8.3 Covenant against Discrimination. Consultant 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. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give 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: CITY OF LA QUINTA Attn: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: BOYLE ENGINEERING CORPORATION Attn: Joe Baldino II 1 131 West Sixth Street, Suite 285 Ontario, California, 91762 9.2 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. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which is hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 3 10 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 8 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Boyle Engineering Corporation 9-e�- Pao Henry Pao, P.E. 1 131 West Sixth Street, Suite 285 Ontario, CA 91762 (909) 933-5225 Date: Date: Date: Date: -7, 1 5 —0 94 11 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK FINAL.DOC Page 9 of 15 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: •Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans •Storm Drainage Plans •Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans •Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: •To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans •To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. •To check general mathematics and design criteria. •To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. 12 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 10 of 15 Exhibit B Schedule of Compensation Payment shall be made in full at a "time & materials" rate not to exceed $600 per sheet based on the number of sheets submitted for plan check for title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. No compensation is provided to Consultant for reference sheets or supporting section detail sheets. Additionally, Consultant receives no additional budget authorization for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. The quantity of invoices allowed for a given plan check assignment is limited to no more than three progressive invoices or billing statements. Schedule of Billing Rates for the Consultant are as follows: Plan Check Engineer & Plan Check Supervision $ 125 per hour Administrative Staff $ 60 per hour Billing rates include all plan delivery fees, postage and other incidental charges. Supplemental payment for additional plan checks required total payment in excess of $600 per sheet may be authorized by the City Contract Officer on a special exception basis at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2:2 of the Agreement. An estimate of hours to complete the plan check (exceeding the $600 per sheet budget) or for special reports or other specialized work shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement prior to initiation of the work. 11 nG 13 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 11 of 15 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1 st Plan Check 15 Working Days 2nd Plan Check 10 Working Days 3`d Plan Check 7 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1" and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1" Submittal Upon completing the 1 s` review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2"d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC 97 14 Page 12 of 15 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 93 15 T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSAMOC Page 13 of 15 Exhibit D Special Requirements None. 93 W T:\PWDEPT\COUNCIL\2005\07-19-05\BOYLE PLAN CHECK PSA.DOC Page 14 of 15 COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: e STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31202-4 is located south of Avenue 52 and west of Monroe Street (Attachment 1). This residential development will consist of 30 residential lots; on approximately 14.6 acres (Attachment 2). On July 1, 2003, the City Council approved Tentative Tract Map No. 31202. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects the associated securities and all signatures will be in place within the time allowed for its conditional approval. lt�� City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (August 18, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy . on s n, P.E. . Public Wor s Dir ctor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement i ^ 2 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31202-4 is conditionally approved provided the subdivider submits all required items on or before August 18, 2005. 3 Resolution No. 2005- Tract Map No. 31202-4, Rancho Santana Adopted: July 19, 2005 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 18, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of July, 2005, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 1 LY, 3 4 Resolution No. 2005- Tract Map No. 31202-4, Rancho Santana Adopted: July 19, 2005 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 ATTACHMENT 1 AVENUE 5M AVENUE 52N0 O SIM W 0 Z � AVENUE 54TH VICINITY MAP N.T.S. 1�;s ATTACHMENT 2 oul a 3 a ga l�� log �lift w b Ofill 11 , , I I i 19 i 1 7 .oul E W s N 0 O w x N h zs � F u l � C Li Ci c 3 r�gr P lag Hal I W VI KCNF � y{ 30! o C14 12 �14 M o 3w, o �CL<o� ^f3 COVQ .Q c C 2 � Had ~ S. � i%gam SKSKSK � 3� 5 IDID Y4j IN \ & A QY i �gFYr Firs I -aa � a a<e�€ .oul a VSN*!Mgla 'WV S l: [Z: l t 900Z/0£/9 '6MP'£ 1HS dVW W 2 N m W N qq E o o ;NoCN NM�SWCQ �CL. 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RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31202-4 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including S reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby 1 secured. 12 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE_SIA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to eT the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract 41 map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 13 TAProject Development Division\Development Projecls%greemenls\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE SIA.doc security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 11.3 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 14 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required 1,14 by this Agreement or the Conditions of Approval, and any required construction quality documentation i not previously submitted. 15 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices r hereunder by notice to the other given in the manner provided in this subparagraph. 1.1 � B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 16 T..\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk DEVELOPER ADDRESS Oak Tree Industries, Inc. 4335 E. Lowell St Ste G Ontario, CA 91761 2 By: Date Title: James Rankin, President ; 0" By: Xjz:: _� Date Title: Kevin Walsh, Vice President Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date 116 T1Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE_SIA.doc 17 Exhibit A ON -SITE SECURITY — TRACT MAP NO.31202-4 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ $ Drainage $ 71,020 $ 71,020 Street Improvements $ 222,710 $ 222,710 Domestic Water $ 187,220 $ 187,220 Sanitary Sewer $ 56,420 $ 56,420 Dry Utilities $ 72,000 $ 72,000 Monumentation $ 4,000 $ - Totals $ 613,370 $ 609,370 Standard 10% Contingency $ 61,340 $ 60,940 Total Construction Cost $ 674,710 $ 670,310 Professional Fees, Design 10% $ 67,470 $ 67,030 Professional Fees, Const 10% $ 67,470 $ 67,030 Bond Amount $ 809,650 $ 804,370 18 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana 31202-4\ONSITE_SIA.doc ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE } )SS. On July 12, 2005 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared Kevin Walsh, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. OYNTHIA ANN DIAZ WITNES my hand an off' is sea . ?`�' 40TARF PUSUC RWERSOE 0.1r "'yam ,:.. �y �au:+sT•. Ex�aas Octobar Signat (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Subdivision Improvement Agreement THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 1 & ack Date of Document July 12, 2005 Signer(s) Other Than Named Above City of La Quinta DOCUMENT PROVIDED BY STEINART TITLE OF CALIFORNIA, INC. NOTARYI.DOC 118 M ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF RIVERSIDE )Ss. On July 12, 2005 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared James Rankin, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, a tp� nP 'Rstrmant_ CYNTHIA ANN DIA 010M. #1322626 :av usuc: rtiP ,A. WITNESS y and an Icia eal. a�YjastLD!f Tv / — isp : ExpiresOClo N Y8. 29G: t � (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Subdivision Improvement Agreement THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 1 & ack Date of Document July 12, 2005 Signer(s) Other Than Named Above City of La Quinta DOCUMENT PROVIDED BY STEW ART TITLE OF CALIFORNIA. INC. NOTARYIAOC 20 COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: *7 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31202-3 is located south of Avenue 52 and west of Monroe Street (Attachment 1). This residential development will consist of 47 residential lots on approximately 14.9 acres (Attachment 2). On July 1, 2003, the City Council approved Tentative Tract Map No. 31202. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (August 18, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Ti" othy onas o , P.E. Public Wor Dire r/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: �� 3 Resolution No. 2005- Tract Map No. 31202-3, Rancho Santana Adopted: July 19, 2005 Page 2 Section 1 . The final map for Tract Map 31202-3 is conditionally approved provided the subdivider submits all required items on or before August 18, 2005. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 18, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of July, 2005, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California r 4 Resolution No. 2005- Tract Map No. 31202-3, Rancho Santana Adopted: July 19, 2005 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31202-3 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security, shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including 1 reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 14 TAProject Development Division\Development Projects\Agreemenls\SIA\SIAs in Progress\Rancho Santana 31202-3\ONSITE_SIA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 15 TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Rancho Santana 31202-3\ONSITE_SIA.doc security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) . If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final ..r acceptance or approval by the City Council of all Tract Improvements. However, if at the end `� J of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 16 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana 3l202-3\0NStTE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation lJ` not previously submitted. 17 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana 31202-3\ONSITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. , 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the _1J 7 heirs, executors, administrators, assigns, and successors of the parties hereto. 18 T:\Project Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana 31202-3\ONSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk DEVELOPER ADDRESS Oak Tree Industries, Inc. 4335 E. Lowell St Ste G Ontario, CA 91761 By: Date Title.PJ�ames�Rankin�,Pre�sident L, Date Title: Kevin Walsh, Vice President Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 118 TAProject Development Division\Development Projects\Agreemenls\SIA\SIAs in Progress\Rancho Santana 31202-3\ONSITE_SIA.doc 19 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 31202-3 Improvements designated as Participatory have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ $ - 71,010 $ $ 71,010 Drainage Street Improvements & Signing and Strip $ 111,420 $ 111,420 Domestic Water $ 97,600 $ 97,600 Sanitary Sewer $ 75,930 $ 75,930 Dry Utilities $ 112,800 $ 112,800 Monumentation $ 6,000 $ Totals $ 474,760 $ 468,760 Standard 10% Contingency $ 47,480 $ $ 46,880 515,640 Total Construction Cost $ 522,240 Professional Fees, Design 10% $ 52,220 $ $ 51,560 51,560 Professional Fees, Const 10% $ 52,220 Bond Amount $ 626,680 $ 618,760 20 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana 31202-3\ONSITE SIA.doc ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On July 12, 2005 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared James Rankin, personally known to me to- be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity up n behalf of which the person acted, executed the instrume . CYcAl3A�ii tIAZ ritu� cffiu W ITNES my nd a o cial se I. an RSIDE COUNTY my comm. Expirea Gcwor it, Ffl85 Signatulle T I U`/" "</ """ % / (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Subdivision Improvement Agreement THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 1 & ack Date of Document July 12, 2005 Signer(s) Other Than Named Above City of La Quinta DOCUMENT PROVIDED BY STEW ART TITLE OF CALIFORW. INC. NOTARVI.DOC 110 21 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On July 12, 2005 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared Kevin Walsh, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity uAn behalf of which the person acted, executed the instrument. CYNTHIA ANN DIA WITN S my andeoffisea . �+�� Nf}7 RIYE€t31DECOUNTYPN� I , my use;. Ezpkes Ott bw 26, 20" S ig na � (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Subdivision Improvement Agreement THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 1 & ack Date of Document July 12, 2005 Signer(s) other Than Named Above City of La Quinta DOCUMENT PROVIDED BY STEW ART TITLE OF CALIFORNIA, INC. NOTARYI.DOC 22 TWvl 4 a4zea�w COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Approval of the Plans, Specifications, and Engineer's Estimate for Avenue 52 Storm Drain Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 41?— STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications, and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 52 Storm Drain Improvements. FISCAL IMPLICATIONS: On February 15, 2005, the City Council authorized $465,000 in order to construct a bypass storm drain to take water that currently enters from the Calle Rondo Channel onto the northwest corner of the SilverRock Resort and continue it approximately 2,000 ft. to the second golf course envelope. The estimated cost for construction is $399,000. Based on this estimate, the anticipated costs for this project are as follows: Construction $399,000 Design $ 57,120 Survey/Inspection/Testing $ 15,000 Contingency $ 40,000 Total $ 51 1,120 Based on this preliminary budget, there may be a funding shortfall. Staff will bring back a funding recommendation at the time of award of contract. CHARTER CITY IMPLICATIONS: None. 1112 BACKGROUND AND OVERVIEW: On February 15, 2005, staff proposed mid -year budget adjustments in the Redevelopment Project Reserves at $1.2 million and $400,000 in Project Areas 1 and 2, respectively. These allocations were in part to construct storm drain improvements within Avenue 52 to address flooding where the Calle Rondo channel currently enters the northwest corner of SilverRock Resort. Storm drainage improvements totaling $465,000 were approved as part of the Agency's recommendation. On June 21, 2005, City Council approved Amendment No. 3 to PACE for $41,210. Of that amount, $4,820 was for analyzing the potential construction of the storm drain within Avenue 52 to bypass drainage from the first golf course to the second phase of SilverRock Resort by constructing a 2,000 ft. storm drain within Avenue 52 from the northwest corner of the project site to just past the entrance lakes at SilverRock Way. Subsequently, on March 3, 2005, City Council approved Amendment No. 5 to The Keith Companies for $52,300 to design these improvements. Once brought onsite, east of the entrance improvements, the phase 2 golf course will be constructed to accept this storm water within the water features on the golf course. Contingent upon Agency approval of the PS&E, the following is the project schedule: Approval of PS&E July 19, 2005 Bid Period July 20, 2005 through August 26, 2005 Construction Award September 6, 2005 Construction Period September through December 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications, and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 52 Storm Drain Improvements; or 2. Do not approve the plans, specifications, and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 52 Storm Drain Improvements; or 3. Provide staff with alternative direction. 143 2 Respectfully submitted, *Tjohy R. j na Vsn, P.E. Public Works Diror/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T-vy 4 e(PQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 19, 2005 CONSENT CALENDAR: ITEM TITLE• STUDY SESSION: Authorization for Overnight Travel for the Community Development Director to Attend the California PUBLIC HEARING: Chapter American Planning Association Conference to be held in Yosemite, California, October 30 to November 2, 2005 RECOMMENDATION: Approve authorization for overnight travel for the Community Development Director to attend the California Chapter American Planning Association Conference to be held in Yosemite, California, October 30 to November 2, 2005. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 Budget allocated $29,300 for travel, training, and meetings for staff and Commissioners. Attendance at this conference is estimated to be $1,862 based on the following costs: Registration $ 440 Hotel registration $ 674 Travel $ 373 Meals $ 375 TOTAL $1,862 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-6001-463-51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for staff to attend conferences in years past. The three-day conference provides keynote speakers, concurrent tracks of programs and seminars including practical "nuts and bolts" sessions, and mobile workshops to local planning related venues. Information regarding the conference is contained in Attachment 1. P:\REPORTS - CC\2005\7-19-05\OVERNIGHT TRAVEL\C 14 TRAVEL - APA CONF.DOC FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Development Director to attend the California Chapter American Planning Association Conference to be held in Yosemite, California, October 30 to November 2, 2005; or 2. Do not approve authorization for overnight travel for the Community Development Director to attend the California Chapter American Planning Association Conference to be held in Yosemite, California, October 30 to November 2, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, ca-' Douglas R. Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference information 1116 P:\REPORTS - CC\2005\7-19-05\OVERNIGHT TRAVEL\C 14 TRAVEL - APA CONF.DOC Please Register Early - Space is limited. Early Registratiout De adlitie- fidy 15,2005 Ln -I. 'October 30 'nd 4 ,� AS, ;1 o _A uw� r4,s,wvo Pix"I" E�nl "'C 7 2 ft,,,vi,',� J, 'k VIIO; Captivating Keynote Speakers Informative Sessions Exciting Mobile Workshops Breathtaking Location X"J (5. YOSEMITE 0Cv+ 30 CqN,,.,,,,5 Conference Schedule OccnL+cr :i0 - Nn.cmtn-.r 2, 30U5 TIME SUNDAY, OCTOBER EVENT LOCATION 12:00 p.m. to 6:30 p.m. Conference Registration Yosemite Lodge 2:00 p.m. to 6:30 p.m. Exhibitor Setup Curry Pavilion 8:30 a.m. to 4:00 p.m. CCAPA Board Meeting 4:00 p.m. to 6:00 p.m. Special Student Session 6:00 p.m. to 6:30 p.m. Transportation Shuttles to the Ahwahnee Hotel 6:39 p.m. to 9:30 p.m. Opening Reception Ahwahnee Hotel 8:45 p.m. to 9:45 p.m. TIME I Transportation Shuttles to Camp Curry and Yosemite Lodge MONDAY, OCTOBER EVENT LOCATION 7:00 a.m. to 0:30 a.m. Transportation shuttles to Camp Curry 7:30 a.m. to 6:30 p.m. Conference Registration Yosemite Lodge 7:30 a.m. to 9:00 a.m. Breakfast, Exhibits Open Curry Pavilion 9:00 a.m. to 10:30 a.m. Opening Plenary Session, Opening Speakers - Jeri Ram, President - CCAPA, Michael Tallefson - Yosemite Park Superintendent & Bob Pickard - Mariposa County Board of Supervisors Curry Pavilion 10:30 a.m. to 1245 p.m, Mobile Workshop 11, Story Behind the Scenery (Geology) Mobile Workshop #2, Sustainable Housing 10:30 a.m. to 11:00 a.m. Transportation shuttles to breakout sessions at Ahwahnee Hotel and Yosemite Lodge 11:00 a.m. to 12:15 pm. Annual CEOA tlpdaw-What You Don't Know Can HurtYau Impact and Implionv ation of t egislation Effective 2006 Pertainingto Housing and land Use Curry Pavilion Design Review Ordinances: Aesthetes and the Covets: Who decides whatthe Neighborhood is going to look like and why? Planning and the Sierras: lanovadonsin the Range of Light Affordable Places, Not Projects Yosemite Lodge The Reality Makeover (professional development) Partnering for Agricultural Preservation - Ahwahnee Hotel Historic Preservation - A MostExcellent Tool for Smart Growth 12:15 p.m. to 12:45 p.m. Transportation shuttles to Curry Pavilion 12:45 p.m. to 1:45 p.m. Lunch, Exhibits Open, Curry Pavilion ' IA5 p.m to 4:011 p.m. Mobile Workshop 03, Early clays of Land Use Mobile Workshop #4, Downtown Yosemite. Walking Tour. 1:45 p.m. to 2:15 p.m. Transportation shuttles to breakout sessions at Ahwahnee Hotel and Yosemite Lodge 2:15 p.m. to 3:30 P•m. Housing Californians: The States Response to the Housing Crisis Everything Beginswith Planning - Keeping a Positive and Professional Attitude when your Professionalism is Ovoidioned 'Curry Pavilion Bridging the Gap Between Tribes and Local Government Yosemite Lodge Finding the Needle in the Housing Haystack: A82348 and the Now reality Comprehensive Planning Using Now Urbanist Principles Eminent Domain Takings Law and Ethics Specific Plans in California -Raising the Bar Ahwahnee Hotel Explorktg Reform in California Municipal Finance 3:30 p.m. to 4:00 p.m. Transportation shuttles to breakout sessions at Ahwahnee Hotel and Yosemite Lodge and Curry Pavillion Broke and Bewildered in Paradise - The Fiscal Crisis in Local Government and Its Effect on Community Planning When the Public gets Angry, What do you do next? Curry Pavilion 4:00p.m.to5:15lam. Implementing the Nadal Environmental Policy Act (NEPA): Pr'acUceTips for California Planners end YossmiSe Examples TitibalGaining and Community Pl"ngtAPrimer for Pohoymakers,the Public, and the Press Yosemhe Lodge Creating the New Yosemite lodge Environment Ahwahnee HM&I '. California Miring: Community issuss, SMARA Compliance, and Statewf-the-ArtReclamation Planning Deconstructing Jobs Housing Balance Gaming Public SupportforHiigh Density 5:15 p.m. to 5:45 p.m. Transportation Shuttles to Curry Pavilion, Ahwahnee Hotel and Yosemite Lodge 6:30 p.m. to 7:00 p.m. Transportation Shuttles to Curry Pavilion 7:00 p.m. to 9:30 p.m. Consultants Reception, CPF Silent & Live Auction Curry Pavilion 8:45 p.m. to 9:45 p.m. Transportation Shuttles to Ahwahnee Hotel and Yosemite Lodge Please Note: Continuous updated program information can be obtained on www,calapa.org. Final conference schedule will be issued upon registration. Please goto www.calapa.org for Conference Registration, Lodging Registration, Travel Information and Sponsorship Opportunities. If you have additional questions, please contact Lynne C. Bynder, CMP, CCAPA 2005 Conference Planner at Ibynder@dc.rr.com. 1,13 (5. YOSEMITE CCAPA 300. o0,,b.2,2005. Conference Schedule lil'tnF)Cr 30 � a�g4't'.:nhef 2, 20i1.? TIME r•Y, NOVEMBER 1, 2005 EVENT LOCATION 7:00 a.m. to 9:30 a.m. Transportation shuttles to Camp Curry Pavillion 7:30 a.m. to 6:30 p.m. Conference Registration Yosemite Lodge 7:30 a.m. to 9:00 a.m. Breakfast, Exhibits Open Curry Pavilion 9:00 a.m. to 10:30 a.m. Plenary Session, Keynote Speakers - Carol Whiteside, President -Great Valley Center and Royal Robbins -Hag Dome Climber Curry Pavilion 10`.30 a.m. to 1245 p.m. Mobile Workshop i5, Merced River Plan -. Mobile Workshop #6, Outdoor Workshop: Witung 10:30 a.m. to 11:00 a.m Transportation shuttles to breakout sessions at Ahwahnee Hotel and Yosemite Lodge 111:00 a.m. to 12:15 p.m. CEOA Update - Who Planners Need to Know Finding Water for Growth: Now Sources, New Tools, New Challenges` Curry. Pavilion Narrow Streets and Emergency Response Wireless Tower Siting 2DOS: A Sea of Change for Planners Debunking Downtowt's Urban Myths Yosemite Lodge Review of the Best Practices of Bicycle Infrastructure Review of the Bast Practices of Bicycle Infrastructure: Ahwahne t Hotel tnclosionary Housing. The Top Ton Best Practices in Adopting and Implementing lnclusionary Ordinances Planning Commissioner Forum (Kathy Oarcial 12:15 p.m. to 12:45 p.m. Transportation shuttles to Curry Pavilion 12:45 p.m. to 1:45 p.m. Lunch, Exhibits Open, Curry Pavilion 145 p.m to 4:00 p.m. Mobile Workshop Y'1, Tour of Yosemite Fall Project Mobile Workshop iB, Bike Trails for Planners 1:45 p.m to 2:15 p.m. Transportation shuttles to breakout sessions at Ahwahnee Hotel and Yosemite Lodge 215p•m.to3:30p•m. impacts of Big Box Retail - Economic Studies In Response toflecent CEUA Challenges Curry Pavilion Property Rights, Takings and Exactions: ALegal and Practical Update for Planners Tuns Up Your Historic Preservation Ordinance Yosemite Lodge What Every Planner Should know About Evaluating Air0ua0ty Impacts Planning Jeopardy ia.k-a CollegeBmndl How I Learned to Stop Worrying and Like High Density High -Rise Living in Southern California E Sex (and Godi In the City: Cautionary Advice for Planners facing First Amendment Issues Water Supply Assessments Lassortsfromthe Front Ahwahnes Hotel HowYou Can Participate in Shaping the Future of Planning in the United States 3:30 p.m. to 4 00 p.m. Transportation shuttles to breakout sessions at Ahwahnee Hotel and Yosemite Lodge and Curry Pavillion 4:00 p.m. to 5:15 pan. Navigating the Annexation Maze: LAFCo, requirementsfor Municipal Services, Water and Housing Curry Pavillon Introduction to Form -Based Codes What Every Planner Should Know About Multi•Family, Housing Laws Yosemite Lodge Streamlining CEOA Howto Make the Mostof Available Tools Moaning In, OahY Siting Issues in the Son .Joaquin Valley Ahwahnee Hotel Regional Partnerships Cope with Growth New Twists of Transfer Development Rights The Shopping Center as American Icon: Its History and Future Form 5:15 p.m. to 5:45 p.m. Transportation Shuttles to Curry Pavilion, Ahwahnee Hotel and Yosemite Lodge 6:30 p.m. to 7:00 p.m. Transportation shuttles to Curry Pavilion 7:00 p.m. to 9:30 p.m. TIME CCAPA Awards Reception (Exhibits Open) Curry Pavilion WEDNESDAY,• •0 EVENT ILOCATION 7:00 a.m. to 8:30 a.m. Transportation shuttles to Curry Pavilion 7:30 a.m. to 9:00 a.m. Breakfast, Exhibits Open Curry Pavilion 7:30 a.m. to 10:30 a.m. Conference Registration Yosemite Lodge 9:00 a.m. to 10:30 a.m. Closing Plenary Session, Keynote Speaker - John Muir and Teddy Roosevelt Curry Pavilion 10:30 a.m. to 11 Ail a.m. Transportation Shuttles to Ahwahnee Hotel and Yosemite Lodge 10:30 a.m. to 11:00 a.m. Exhibitor Teardown - Departures Ahwahnee Hotel Please Note: Continuous updated program information can be obtained on www.calapa.arg. Final conference schedule will be issued upon registration. Please go to www.calapa.org for Conference Registration, Lodging Registration, Travel Information and Sponsorship Opportunities. If you have additional questions, please contact Lynne C. Bynder, CMP, CCAPA 2005 Conference Planner at ibynder@dc.rr.com. 1,19 COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Approval of a Contract Services Agreement with the La Quinta Arts Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: %� CONSENT CALENDAR: /-V STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2006 Arts Festival. FISCAL IMPLICATIONS: At the June 20, 2005 City Council meeting, the City Council authorized the appropriation of $100,000 to be included in the Community Services Department budget (Account #101.3001.451.80-03) for the La Quinta Arts Foundation's ("Foundation") 2006 La Quinta Arts Festival ("Festival"), to be held March 16-19, 2006. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved $100,000 to be used by the Foundation to market the 2006 Festival. The Contract Services Agreement ("Agreement") is provided as Attachment 1. Per Section 6.1 of the Agreement, the Foundation will provide a final report, including an itemized accounting of expenditures relating to the funds provided per the Contract Services Agreement, on or about June 15, 2006. Exhibit A of the Agreement outlines the specific items the City will receive in addition to the general marketing of the event. In years past, the City has funded the Festival for marketing of the event, with the City's logo and name displayed on the marketing pieces. The specific marketing items listed in Exhibit A (the Festival program and the Southwest Art magazine), are publications the Foundation has used in the past. The City has been acknowledged by logo and name in the Festival program. The Agreement states that the City will be acknowledged in the two publications with text provided by the City and graphic layout of material provided by the Foundation. The Foundation has offered to provide a booth for the City at the Festival in which the City could distribute City promotional items. Similar to last year's Agreement, the Foundation will be charged the established Facility Use fees for the use of City facilities prior to and after the Festival. Staff recommends these fees be deducted from the $100,000 prior to the funds being issued to the Foundation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2006 La Quinta Arts Festival; or 2. Do not approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2006 La Quinta Arts Festival; or 3. .Provide staff with alternative direction. ully Ibmitted, orvi!z,'CcImmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Services Agreement ATTACHMENT 1 2005-06 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and the La Quinta Arts Foundation (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion of a four -day fine arts festival March 16-19, 2006 as specified in the "Scope of Services and Schedule of Performance" set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the" 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 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall be responsible for ensuring that event vendors have proper permits, licenses and approvals as may be required by all applicable laws and ordinances. 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. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be R3 performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of one hundred thousand dollars ($100,000), the contract sum. 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 the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion 15 3 of the services. ;r.)U4 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. Christi Salamone, Executive Director b. Haddon Libby, Chairman of the Board, President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor Officer: The Contract Officer shall be Thomas P. Genovese, or such other person as may be designated by the City Manager of the City. It shall be the Contractor's responsibility to assure the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. OUj 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any e� directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceedings in any way involving such Claims, Contractor shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnities. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: '--, 0 � a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall provide a program report if requested by the City at any time during the duration of this Agreement. A final report, including an itemized accounting of expenditures as related to the items listed in Exhibit A, shall be provided on or about June 15, 2006. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 1557 +J8 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. Both parties to this Agreement reserve the right J M to terminate this Agreement at anytime, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of.any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are 1,99 .i10 treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Dodie Horvitz, Community Services Director To Contractor: La Quinta Arts Foundation P.O. Box 777 La Quinta, CA 92253 Attention: Christi Salamone 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and.shall be interpreted to carry out the intent �. of the parties hereunder. v {11 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: CITY OF LA QUINTA: Ms THOMAS P. GENOVESE, City Manager "CITY" La Quinta Arts Foundation: 92 Name: Title: "CONTRACTOR" +;. 12 EXHIBIT "A" Scope of Services and Schedule of Performance Promote and market the following: A four day outdoor fine arts festival to be called the La Quinta Arts Festival to be held March 16-19, 2006 at the La Quinta Civic Center Campus in La Quinta. Marketing services for the above include an extensive marketing program wherein the name "City of La Quinta" and the official City logo will be prominently displayed as a Premier Sponsor at all times. Said coverage to include but not limited to: newspapers, magazines, radio and television advertising, as well as billboards, fine art posters (excluding Festival Commemorative Poster for retail sale), and high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. The City will receive a full page in the Festival's 2006 program with text provided by the City and graphic layout design provided by the Foundation. The City will receive one page of material in the March 2006 Southwest Arts Magazine to complement the ad placed by the Foundation for the 2006 Festival. Text to be provided by the City with graphic layout design provided by the Foundation. The Foundation shall provide a link to the City of La Quinta's website on the Foundation's website. Using images provided by the City, the Foundation will design an "Art in Public Places" brochure for approval, printing, distribution and use by the City. Facility Use Fees Should the Foundation be granted use of the Civic Center Campus and Senior Center or Library, the established facility use fees for the use of the Civic Center Campus and Senior Center or Library, in the amount of $20,400 will deducted from the Contract Amount prior to issuance by the City to the Foundation. �;s13 COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Approval of Plans and Specifications for Improvements to the Point Happy and Solitude Art Pieces, Authorization to Utilize Art in Public Places Funds For Improvements and Modification to Contract with Ray Lopez Associates RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /-1 STUDY SESSION: PUBLIC HEARING: Approve the plans and specifications for improvements to the Point Happy and Solitude art pieces, authorize the expenditure of Art in Public Places funds in an amount not to exceed $22,500, and approve a modification to the contract with Ray Lopez Associates for construction and installation of improvements to the art pieces. FISCAL IMPLICATIONS: The Art in Public Places account can be used to fund improvements to the art pieces per Chapter 2.65, Section 2.65.1 10 (B) (4) of the La Quinta Municipal Code (Attachment 1). The cost of improvements to both art pieces is estimated at an amount not to exceed $22,500. The Art in Public Places fund has an adequate balance available for these improvements. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Point Happy Art Piece On June 5, 2001, the City entered into an Art Purchase Agreement with Madison Development and Felicia (artist) to provide a bronze statue entitled "Cahuilla Family," set amongst landscaping and a fountain area in the Point Happy development. The total cost of the art piece was $94,950. 1u3 On October 29, 2002 the City accepted the "Cahuilla Family" art piece as being complete. The site plan for the "Cahuilla Family" art piece is provided as Attachment 2. The City assumed the maintenance of the art piece upon completion. Maintenance includes the routine maintenance of the fountain and landscape area as well as care of the bronze statue. Madison Development requested the City's permission to maintain the "Cahuilla Family" art piece at their expense as a part of the regular maintenance of the Point Happy development. The City Council approved an amendment to the Art Purchase Agreement with Madison Development. The Cultural Arts Commission (Commission) has stated in the past that the location and presentation of the art work at Point Happy does not adequately display the art piece at its best. The Commission has talked about improvements to the art piece for some time. At the December 9, 2004 Commission meeting, the Commission requested that the landscape architect who worked on the art piece at the Embassy Suites project be asked to provide ideas on how the Point Happy art piece could be improved. Staff contacted Mr. Gil Fraide, who attended the January 13, 2005 Commission meeting. The Commission felt as though the art piece was not visible enough from the parking lot and wished to see the piece elevated higher than its current elevation. Mr. Fraide did not believe the art piece needed to elevated, but suggested the piece could be made more visible , by removing some large landscaping around the piece and adding low growing shrubs. According to Mr. Fraide, approximately $20,000 would be needed to incorporate the Commission's desires to change the landscaping. On April 19, 2005, the City Council approved an amount not to exceed $5,000 for plans and specifications for improvements to the Point Happy art piece. Staff contacted Ray Lopez Associates, regarding the project. Ray Lopez Associates agreed to complete the plans and specifications for the improvements to the art pieces. Mr. Lopez provided two concepts for the Commission's consideration at their June 9, 2005 meeting. Mr. Lopez made minor modifications to the concept at the Commission's request. The revised plans are provided for Council's review (Attachment 2). According to Mr. Lopez, the cost to construct and install the modifications to the Point Happy art piece is $13,500. This does not include the cost of an additional bench which the City will supply. The proposal for this work is provided as Attachment 3. 2 Solitude Art Piece On August 6, 2002, the City Council approved the Temporary Art Donation from artist John Kennedy for the piece entitled "Solitude" to be placed at the Senior Center. At the March 4, 2004 Commission meeting, Mr. Kennedy requested the City consider purchasing the art piece through the City's Art in Public Places program. The Commission recommended the City purchase the art piece for $15,000, and recommended leaving it at its present location at the Senior Center. On April 20, 2004, the City Council approved the purchase of the art piece. In the staff reported dated April 20, 2004, staff indicated that should the art piece remain at the Senior Center, improvements to the landscaping around the piece would be recommended, according to the Commission. Photographs of the art piece in the current location with the existing landscaping are included as part of the Professional Services Agreement. The Commission would like to see additional landscaping and lighting added to the "Solitude" art piece to enhance its presence. According to Mr. Fraide, the cost to improve "Solitude" was estimated at $10,000. Both estimates provided by Mr. Fraide include fees for plans and specifications as well as the material cost and installation. On April 19, 2005, the City Council approved an amount not to exceed $5,000 for plans and specifications for improvements to the Solitude art piece. Staff contacted Ray Lopez Associates regarding the project. Mr. Lopez provided two concepts for the Commission's consideration at the June 9, 2005 meeting. Mr. Lopez made minor modifications to the concept at the Commission's request. The revised plans are provided for Council's review (Attachment 2). The cost to construct and install the improvements to the Solitude art piece is $3,500 as provided in Attachment 3. Attachment 4 provides an amendment to the Professional Services Agreement for the construction and installation of the improvements by Mr. Lopez. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans and specifications for improvements to the Point Happy and Solitude art pieces, authorize expenditure of Art in Public Places funds in an amount not to exceed $22,500 and approve _ a � PO 3 modification to the contract with Ray Lopez Associates for construction and installation of improvements to the art pieces; or 2. Do not approve the plans and specifications for improvements and/or do not authorize expenditure of Art in Public Places funds and/or do not approve a modification to the contract with Ray Lopez Associates for the construction and improvements to the art pieces; or 3. Provide staff with alternative direction. Respec ully sub itted, Dodie Horvitz, toinmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Section 2.65.1 10 (B) (4) of Chapter 2.65 of the La Quinta Municipal Code 2. Concepts for Improvements to Art Pieces 3. Proposal Presented by Ray Lopez Associates 4. Amendment to Professional Services Agreement 4 66 2.65.110 Art in public places fund. Page 1 of 1 2.65.110 Art inpublic places fund. _ w, ATTACHMENT 1 A. Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter and any other moneys collected in accordance with provisions of this chapter shall be deposited in a separate account, entitled the art in public places fund. The city manager or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the art in public places fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the city. The account containing these funds may be invested along with other moneys of the city and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection B of this section. B. Use of Fund. Expenditures of the fees collected in the art in public places fund may include the following: 1. The cost of artwork and its installation; 2. The cost of purchase or lease of art sites; 3. Waterworks, landscaping, lighting and other objects which are an integral part of the artwork; 4. Frames, mats, pedestals and other objects necessary for the proper presentation of the artwork; 5. Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork; 6. Expenditures for maintenance and repair of artwork; 7. Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1st of any year nor twenty-five thousand dollars in any fiscal year. D. Endowments. The art in public places fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expended as set forth in subsection B of this section and for art exhibitions or displays as approved by the city council. E. Replacement. For those artworks that have been purchased with moneys from the art in public places fund or donated to the city, the city may determine to sell or exchange existing artworks for replacement artworks. Any funds obtained from the sale of artwork shall be credited to the art in public places fund. Artwork owned privately and on display by in -lieu agreement may be exchanged with city council approval or the original fee paid to the art in public places fund. F. Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. (Ord. 317 § 6, 1998; Ord. 277 § 1 (Exh. A) (part), 1995: Ord. 173 § 1 (part), 1990) 005 167 http://www.codemanage.com/laquinta/index.php?topic=2-2_65-2_65_110 7/15/2005 9Ell III U a 19 x t giglaid % I4 Page 1 of ATTACHMENT 3 Dodie Horvitz From: RLA5353@aol.com Sent: Thursday, July 14, 2005 4:40 PM To: Dodie Horvitz Cc: RLASCAPE@aol.com Subject: Proposal )odie: was able to get one contractor to give me a proposal for the Senor Ctr & Mr. Happy project. 1. Pt. Hpy. - $13,500.00 a. remove plant materal. b. remove excess dirt to accept decomposed granite. c. remove spray heads and add drip irrigation. d. plants e. 2" d.g. f. 4" d.g. path. g. Does NOT include new bench. '. Senior Center - $3,500.00 a. remove existing plants and 2 Mediterranean Fan Palms from site. b. price includes one light per City (not too expensive please). c. cobble and flagstone stepping stone d. plant material 'rice includes includes a maximum of 3 site visits by Landscape Architect during construction. >incerely, taymond C. Lopez tAY LOPEZ ASSOCIATES .andscape Architect No. 3474 'O Box 12885 'alm Desert, CA 92255 'hone: 760 / 772-3123 Fax: 760 / 772-0243 169 7/14/2005 ATTACHMENT 4 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO Professional Services Agreement (this "Amendment No. I") is entered into this 19th day of July, 2005 by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City"), a California municipal corporation, and Ray Lopez, (the "Consultant"). RECITALS WHEREAS, the City has approved improvements to be made to the Point Happy and Solitude art pieces ("Art Work"); WHEREAS, in order to comply with Chapter 2.65 of the City Municipal Code, Consultant entered into that certain Professional Services Agreement, dated April 19, 2005 ("Original Agreement"), whereby it commissioned Consultant to produce plans and specifications for improvements to the art work; WHEREAS, pursuant to the Original Agreement, the City would like to amend the Original Agreement to reflect the Consultant performing construction and installation of the improvements; WHEREAS, the Consultant agrees to an amount not to exceed $22,500 for construction and installation of the improvements which will include a one year maintenance agreement; WHEREAS, the parties hereto now desire to execute this Amendment No. 1, effective immediately upon execution by both parties, to formally recognize the modification of the Original Agreement with respect to the construction and installation of the art work improvements. NOW, THEREFORE, in consideration of the above recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AMENDMENT 1. The Original Agreement is hereby amended to include construction and installation of improvements to the art work.. 2. The Original Agreement is hereby amended to include: The Consultant shall maintain the Artwork improvements in a manner that causes the Artwork to remain in good condition and to the reasonable satisfaction of the City for one year. The rl 0 8 maintenance shall be subject to any applicable standards set out in the City's Municipal Code. 3. The Original Agreement is further amended to add the following provision: The Consultant shall procure and maintain, at its cost, and submit within thirty days of the execution of Amendment No. 1, commercial liability insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions related to Consultant's performance under this Amendment No. 1. The insurance policy shall be primary for losses arising out of Consultant's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be as follows. The Coverage for personal injury/property damage shall be $100,000 per individual; $300,000 per occurrence. The Consultant shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Consultant, its officers, any directly or indirectly employed by the Consultant, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Amendment No. 1. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall be primary for losses arising out of Consultant's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Consultant shall also carry Workers' Compensation Insurance in accordance with and to the extent required by State Workers' Compensation laws. All insurance required by the Section shall be kept in effect during the term of this Amendment No. 1 and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify the City, its 1 i' officers, employees, contractors, subcontractors or agents. 4. Consultant hereby agrees to indemnify, defend and hold City and its officials, officers, employees, and representatives (collectively, the "Indemnitees") harmless from and against all claims, obligations, expenses, liabilities, and costs (including but not limited to attorneys' fees) (collectively, the "Claims") for property damage or bodily injury or death of any person or persons arising from Consultant's performance of its construction and installation of improvements except to the extent any such claim is caused by the active negligence or willful misconduct of Indemnitees. 5. The person executing this Amendment No. 1 on behalf of each party warrants that he/she is duly authorized to execute and deliver this Amendment No. 1 on behalf of the respective party for which he/she signs, and that by so executing this Amendment No. 1, such party is bound by the provisions of this Amendment No. 1. 6. In the event any action brought between the parties hereto relating to this Amendment No. 1 or the breach thereof, .the prevailing party in such action shall be entitled to recover from any other party reasonable expenses, attorneys' fees and costs in connection with such action or proceeding. 7. If any term, provision, covenant, or condition of this Amendment No. 1 is held to be invalid, void, or otherwise unenforceable to any extent by any court of competent jurisdiction, the remainder of this Amendment No. 1 shall not be affected thereby, and each term, provision, covenant, or condition of this Amendment No. 1 shall be valid and enforceable to the fullest extent permitted by law. 8. This Amendment No. 1 constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties, whether oral or written, are hereby superseded and merged herein. 9. This Amendment No. 1 may be executed in two or more counterparts, each of which together shall constitute one and the same document. Unless otherwise defined herein, terms used herein shall have the meanings ascribed thereto in the Original Agreement. 10. The City reserves the right to terminate this Amendment No. 1 at any time, with or without cause, upon thirty (30) days written notice to Consultant. In the event of termination, the Original Agreement shall remain in full force and effect as it existed prior to this modification. If the City exercises its right of termination pursuant to this paragraph, Consultant agrees to return the Artwork, at its sole cost and expense. The Artwork shall be returned in at least as good of a condition as the Artwork is in as of the date of this Amendment No. 1. 11. Except as specifically expressed herein, all other terms, conditions and provisions of the Original Agreement shall remain unchanged and in full force and effect. rI IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Amendment No. 1 on the dates set forth below. "Consultant " Ray Lopez Associates Its: _ Date: "City" City of La Quinta, a California municipal corporation By: _ Its: _ Date: APPROVED AS TO FORM: M. Katherine Jenson, City Attorney ATTEST: June S. Greek, City Clerk 173 (11 COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Approval of a Memorandum of Participation Between the City of La Quinta and the Community Action Partnership Riverside County RECOMMENDATION: P AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /020 STUDY SESSION: PUBLIC HEARING: Approve the Memorandum of Participation between the City of La Quinta and the Community Action Partnership Riverside County, contingent upon review and approval by the City Attorney. FISCAL IMPLICATIONS: None for this action. The Community Action Partnership Riverside County will provide all necessary supplies and materials. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Action Partnership Riverside County has requested the La Quinta Senior Center participate in the 2005 Summer Energy Crisis Response Plan in Riverside County by entering into a Memorandum of Participation (Attachment 1). The plan is a comprehensive response to severe heat conditions across the county. The plan incorporates coordination of Cool Centers countywide to serve as drop -in sites where individuals can go for relief from the heat. The Riverside County Department of Public Health will issue a heat warning when temperatures are expected to reach 105 degrees for three to five consecutive days, at which time Cool Centers throughout Riverside County are opened to the public. Currently, there are Cool Centers located in Coachella, Cathedral City, Palm Springs and Desert Hot Springs. 174 The public can find the nearest Cool Center by calling the Summer Crisis Hotline which is staffed by the Community Action Partnership. If the City were to participate as a Cool Center, the City's responsibilities would include monitoring the Senior Center during a declared Heat Warning; providing sign -in sheets for each day the Cool Center is activated and submitting those sheets to Community Action Partnership by the 5"' of each month; distributing snacks and water at the Cool Center; distributing community resource information to those using the Cool Center, and completing and returning the In -Kind Gift/Service receipt at the completion of the project. In turn, the Community Action Partnership responsibilities are as follows: provide training on Heat Warning activation criteria; provide notification to the City upon the activation of Heat Warnings and Cool Centers; provide snacks, water, and associated supplies for the Cool Center, and provide technical assistance. The Memorandum of Participation would be effective until October 31, 2005. The Senior Center is open Monday through Friday, from 8:00 a.m. to 5:00 p.m., and could serve as a Cool Center without disruption to the operation of the Senior Center. The program does not mandate that the Senior Center be open outside of normal business hours, such as on weekends, unless the City elects to operate the Cool Center outside of normal business hours. Due to the timing of the request, the City Attorney has not had an opportunity to review the Memorandum of Participation, therefore staff is requesting City Council approval contingent upon review of the Memorandum by the City Attorney. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Memorandum of Participation between the City of La Quinta and the Community Action Partnership Riverside County, contingent upon review and approval by the City Attorney; or 2. Do not approve the Memorandum of Participation between the City of La Quinta and the Community Action Partnership Riverside County; or 3. Provide staff with alternative direction. 175 002 Ily sibmitted, e Horvitz, Cammunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Memorandum of Participation i7o 003 IU: (bl9 Jb°i Jiff r.ewjaI e�') ATTACHMENT 1 6 comVirarty Adsf in" P A R r N L R S !! ( P JYMMORANDvM SOj}F�P[�RTICIPAAIVN I 14.oky feook. ChanpL7p Uvls. BBT W l:�EA \ I h+wrwoo NAME OF AQENCY i AND COIvJJv1UNITY ACT oN PARTNCRSHiP R1vERS1DE COUNTY •. i I This Memorandums. of Participationis made and entered into between the and the Community Action Partnership Rivcr4idc County. 1. TERM: .,A,. 71us Memorandum of Participation shall be in effect from. July 1, 2005 to October 31, 2005. i 11. PURPOSE: ' A. To provide support for Community A,ctiou Partncrslvps 2005 Summer Energy ' isis Response Plan. in Riverside County. The plan is a comprehcnsive roaponsc to vete heat conditions across the. county. The plan incorporates coordiziation of Cool j Centers countywide to serve as drop -in sites where individuals can go for reliefjfrom the heat. 111. RESPONSIRILT. IFS: A. -AGENCY Responsibilities: 1. Monitor the Cool Center during a declared Heat Warning• 2. Provide sign -in sheets for each day the Cool Center is activated and sub4nit said sheets to Community Action by the 51" of each montbr 3. Distribute smacks and water at the Cool Center. 4. Provide opportunities for participants to have access to community resources via distribution of information. 5. .Complete and return to Community Action the attached It -mod Gift/Smyice Receipt at the completion.of the project, i I B. Community Action Responsibilities: 1. provide training on Heat Warning activation criteria 2. Provide notification of Heat Warnings mid Coot Centex activation. 3. Provide snacks and water supplies for the Cool Center. 4. Provide technical assistaucc. I AGBNCY ADDRESS Lois J. Carson, CCAP Executive Director Community Action. Partnership Wvcrside County 1'7 I Cn4 C�'ltl°ty P A R T M E R 5 H I P Hdpiny "10- COWS019 Uvos. frfwrxfdo CosWY "HEAT ADVISORY"' The Riverside County Department of Public Health has issued a "Heart Advisory" for the week of for the following areas: Temperatures are expsctbd to reach 1057 for at least 3 hours. Recommendations for avoiding heat related emergencies include: • Drink water to prevent dehydration • Avoid direct sunlight • Stay indoors and make every attempt to stay cool + Close your blinds or curtains to minimize the heat • visit a mall, library, or restaurant to stay cool Do not leave children, elderly, disable individuals and pets inside vehicles «HEAT WARNING" s The Riverside. County Department of Public Health has issued a "Feat War. 11 ' for , m week of for the fallowing areas: Temperatures are expected. to reach WT fox tbrec to five eonsecutivc days. Cool Centers tbroughout Riverside County are opt ed to the public. Indi Oduals susceptible to the heat, such as the elderly, are encouraged to attend. Cool Centers will have snacks and water available as well as activities died. transportation. information. Coal Centers are located in: • Last County: Coachella, Cathedral. City, Palm Springs, Desert Hot Springs + Mid-Coumty. Beaumont ` • South East County: Perris avd Hornet + Wcst-County: Jurupa j For a Cool Center location near. you or more information, call toll free, Monday throu.g1h Friday, 8:00 am — 5:00 pm: SUMMER CRISIS HOTLINE ll- 888-636-8676 1 "a' 8 0P JUL-14-2005 08:36 FROM: *wIdtion I N r N L' F s m l p TO:917607771231 P.002 Community Action Partnership Riverside County Riverside cowly IN -KIND GIFT 1 VOLUNTEER REPORT Inrfrnrfinn- ('.mmnleoA form ne ennh corvine rlsnrinrarf nr rinnafinn reAnalvari_ Donating Agency/Institution/individual: Address: I Contact Person: Title: Phone: Fax: E-mail Address: I i ProgramiPurpose (Identify Program service/donation is being utilized) Item/Service Description (i.e. Volunteer hours, office space, cash donation) I Date(s) Received/Rendered: i SERVICE ITEM Total Number of Days or Hours I Quantity Fair Market Value: Hourly Rate: $ Daily Rate: $ Flat Rate: $ Fair Market Value Per Unit: Total Fair Market Value: $ Total Fair Market Value: $ - I , Authorized Signature Name (please print) Return this Form to: Community Action Partnership Riverside County 2038 Iowa Avenue, Suite B-102 Riverside, CA 92607 Title 179 R011visad 3/23104 CPC `(?� 4 Xr"Q"qr1ry COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Consideration of a Resolution Approving the Fiscal Year 2005-2006 City of La Quinta Budget and Establishing the City's Appropriation Limit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: L CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Fiscal Year 2005-2006 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five -Year Resource Allocation Plan. FISCAL IMPLICATIONS: All Fiscal Year 2005-2006 revenues, operational appropriations and capital project funding are included in the Proposed Fiscal Year 2005-2006 Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council Meeting of June 20, 2005, the City Council adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 2005-2006 Fiscal Year. A summary of those changes is provided as Attachment 1. Additionally, staff has provided a list of continuing appropriations/encumbrances for Fiscal Year 2005/2006, as well as, a copy of the June 20, 2005 Staff Report for reference (Attachments 2 & 3). As indicated in the City Manager's Budget Message, staff believes that this year's budget is a continuation of the City Council's commitment to enhancing the quality of life for La Quinta residents. Numerous businesses have chosen to locate in La ISO Quinta including several major retailers and quality restaurants, financial institutions and other businesses. As a result, staff has increased the budget estimates for most general fund revenues for this fiscal year to offset anticipated expenditures. Upcoming projects include continuing construction of Phase 2 of the Jefferson Street improvements, and the landscaping of the Jefferson Street medians (Hwy 1 1 1 to No. City limit). Also provided for the City Council review is the City's annual Five -Year Resource Allocation Plan (Attachment 4). City staff requests that this item be received and filed. Respectfully submitted, n M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments 1: Changes between Preliminary vs. Final Budget Accounts 2: Appropriations/Encumbrances 3: June 20, 2005 Staff Report 4: City's Five -Year Resource Allocation Plan 5: City of La Quinta Fiscal Year 2005-2006 Annual Budget and Supporting Document (under separate cover) 2 RESOLUTION NO. 2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006 AND APPROVING A BUDGET FOR FISCAL YEAR 2005-2006 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and WHEREAS, Section 7910 of the government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2005-2006 is $65,458,514. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2005-2006 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 2005-2006 Budget which is on file with the City Clerk, is hereby approved. K3 Resolution No. RA 2005- Planning & Administrative Expenses FY 2005/2006 Adopted: July 19, 2005 Page 2 SECTION 4. The Redevelopment Agency agrees to the reimbursement to the City for services performed by the City on behalf of the Agency. Such reimbursement, as computed and included in the budget document, shall include salary, salary related costs, direct costs, and indirect overhead costs. SECTION 5. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2004/05 are approved in the Fiscal Year 2005/2006 Budget in an amount not to exceed $1,848,794. SECTION 6. Encumbrances for Fiscal Year 2003/04 for committed appropriations are approved in the Fiscal Year 2005-2006 Budget in an amount not to exceed $25,164. SECTION 7. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 8. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. 133 Resolution No. RA 2005- Planning & Administrative Expenses FY 2005/2006 Adopted: July 19, 2005 Page 3 PASSED, APPROVED AND ADOPTED this 19th day of July, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHY JENSON, City Attorney City of La Quinta, California .34 ATTACHMENT 1 City of La Quinta Changes Between Preliminary vs. Final Budget Accounts FY 2005/06 General Fund - Operations Preliminary Budget - Reserve La Quinta Chamber of Commerce La Quinta High School PTO City Council Salary City Council Fringe Benefits Air Show Reserves as of June 30, 2005 Economic Development Reserve (1) Cash flow reserve - 8.25% of budget Capital Improvements Emergency reserve - 35% of budget plus $4,000,000 Reserve for Cal State Univ San Bernardino (2) Continuing Operations & Projects Preliminary Budget Chan es Final Budget 87,767 (34,900) 52,867 125,000 5,000 130,000 0 5,000 5,000 47,400 12,000 59,400 45,500 2,900 48,400 0 10,000 10,000 Preliminary Budget Chan es Final Budget 967,072 (500,000) 467,072 2,440,000 168,786 2,608,786 89,875 500,000 589,875 12,860,000 2,207,577 15,067,577 0 1,000,000 1,000,000 10,131,003 3,376,363 6,754,640 (1) After the Preliminary budget was prepared the City Council took action on June 7, 2005 to appropriate $500,000 of General Funds toward the SilverRock Resort for drainage and turf/grass improvements (2) On June 20, 2005 the City Council appropriated $1,000,000 from reserves to the Cal State San Bernardino Campus • 11 ATTACHMENT 2 City of La Quinta Fiscal Year 2004/05 Continuing Appropriations/Encumbrances -Note 1 11-Jul-05 AS nretented in Budget Documents Continuing __ Department Account Descrition Appropriation Encumbrances Total General Government 101-1003-413-31.01 Special Studies - Muni Finance 7,500 7,500 101-1003-413-55.07 City Calendar project 51,500 51,500 101-1003-413-71.01 Machinery & Repairs -Trade Show Booth 5,000 5,000 101-1004-413-53.06 Training & Education - MOU 500 500 101-1003-413-55.07 Economic Development Collateral Material 12,000 12,000 64,500 12,000 76,500 Subtotal Finance and Central Services 101-4001-415-30.01 Software Contract 8,000 8,000 101-4002-415-56.25 Software - HTE 143,393 13,164 156,557 151,393 13,164 164,557 Community Services 101-3001-451-33.04 101-3001-451-43.01 Promotional Services Maintenance and Repair 24,503 29,410 24,503 29,410 101-3001-45143.58 Boys & Girls Club 2,820 2,820 101-3001-451-51.31 Postage 4,393. 4,393 101-3001-451-53.01 Printing 41,688 41,688 101-3003-451-44.04 Facility Rental (DSUSD) 1,202 1,202 104,016 0 104,016 Subtotal Building and Safety Subtotal 101-5055422-71.01 Capital-Machinery/Equipment EMS 28,002 28,002 28,002 0 28,002 Community Development 101-6001-463-32.10 101-6002-463-32.10 Downtown Parking Study EIR Thresholds 60,000 30,000 60,000 30,000 101-6002-463-32.10 Historical Preservation Plan 15,000 15,000 101-6002-463-32.10 Zoning Ordinance Update 80,000 80,000 101-6002-463-32.10 Archaeological Curation 7,500 7,500 101-6002-463-32.10 Archaeological Curation 91,401 91,401 101-6002-463-33.22 AB 939 Programs 45,886 45,886 329,787 0 329,787 Subtotal Public Works 101-7002-431-32.07 NPDES Adm & Monitoring Traffic 29,000 0 29,000 101-7002-431-34.04 Master Drainage Plan 117,000 117,000 101-7002-431-71.01 Machinery & Equipment 18,350 18,350 101-7003-431-34.04 Slurry Seal/Striping 550,000 0 550,000 101-7003-431-43.73 Storm Drains 50,000 50,000 101-7003-431-33.65 Street Striping 25,000 25,000 789,350 0 789,350 Subtotal Subtotal - General Fund 1,467,048 25,164 1,492,212 Information Technology Fund 502-0000-512-56.25 502-0000-512-71.01 Operating Supplies - HTE Software Capital - Equipment replacement 167,753 86,916 167,753 86,916 502-0000-512-43.01 Maintenance Agreement 42,184 42,184 Subtotal - Information TechnologyFund 1 296,853 0 296,853 SilverRock Resort Fund 502-0000-512-56.25 Marketing - Advertising & Collateral Material 84,893 84,893 Subtotal - SilverRock Resort Fund 84,893 0 84,893 Total: City of La Quinta T1,848,794 25,164 1,873,958 Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 2005 + f a, °4 Tw* 4 agwo fr / / Ix cFM OF T�'� COUNCIL/RDA MEETING DATE: June 20, 2005 ITEM TITLE: Consideration of Fiscal Year 2005/2006 Preliminary Budget RECOMMENDATION: ATTACHMENT 3 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the Fiscal Year 2005/2006 Preliminary Budget and direct staff to prepare a Fiscal Year 2005/2006 Final Budget for the July 19, 2005 City Council Meeting. FISCAL IMPLICATIONS: All Preliminary Fiscal Year 2005/2006 revenues, operational appropriations and capital projects funding are included in this Preliminary Budget. Pursuant to City Council direction, Staff has presented the City Council a balanced General Fund with an estimated operating surplus of $87,767 for Fiscal Year 05/06. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Introduction This preliminary Fiscal Year 2005/2006 Budget is similar to the format implemented the last few years. This format utilizes two separate documents to develop the City, Redevelopment Agency and Financing Authority's Budget. The first of the two documents utilized for presentation of this year's budget is titled: "Fiscal Year 2005/2006 Preliminary Budget," and includes the total scope of operations for the City, Agency and Financing Authority. The second document is titled: "Supporting Document." This document provides the detail for each program operation and the justification for any of the changes requested. 187 3 Summary of This Year's Budget Revenues — General Fund This year's General Fund budgeted revenues reflect an increase in a number of revenue sources totaling just under $4.585 million from last year' s budget. The Fiscal Year 2005/2006 revenues are projected with the major changes reflected in the following tables: INCREASE/ REVENUE TYPE (DECREASE) Sales Tax $ 1,601,300 Property Tax 736,400 County Fire 589,853 Interest 482,100 Motor Vehicle in Lieu 270,900 Document Transfer Tax 258,100 Fees for Service 132,800 Franchise Fee 118,400 Transient Occupancy Tax 77,800 Licenses & Permits 77,800 Transfers 302,542 Summary of all other (62,505) changes Total $ 4,585,490 Expenditures — General Fund This year's General Fund budget has received close scrutiny of all planned expenditures. After meetings with the Department Directors, several changes in expenditures were made to amounts requested as detailed in the Personnel Section. These cuts, however, do not affect current service levels the residents receive from their municipal government. One change in the reporting structure has been made in Fiscal Year 05/06. A new Library division has been created in the Community Services Department to reflect the new library operations. Some of the more notable planned expenditures in this year's budget include: • YMCA Fritz Burs Park pool contract previously completed by the Coachella Valley Recreation and Parks District. • Preparation of an updated parks master plan. • Potential security monitoring system at two city parks. E • Overtime hours for additional patrol duty and investigator duty. • Cost sharing for a fire services ladder truck to be operated at an Indio station serving the eastern portion of the valley. e Preparation of a Historic Preservation study. • Preparation of annexation studies. • Preparation of a village/parking use study. • Completion of the golf cart plan. The effects of Proposition 218 have resulted in the need to utilize the General Fund for operating expenditures previously paid by the Lighting and Landscaping District. The Public Works Lighting and Landscape Maintenance and Park Maintenance costs exceeded reimbursements by $2,000,000 for Fiscal Year 05/06 and $1,305,000 for Fiscal Year 04/05. As identified on page C-1 of the Preliminary Budget, this year's budget is currently balanced and contains a surplus of $87,767. Some of the significant items or changes contained in the Preliminary Budget from the FY 04/05 which total $4,586,045 are listed in Attachment 1. Other Funds The following lists other significant line items contained in the budget. Fund Description Amount SilverRock Golf Enterprise $4,101,272 Personnel There are several proposed changes to the personnel manning schedule for this Fiscal Year which include increasing the number of authorized positions from 83 to 87. Listed below are the proposed changes and the purpose/justification for each: • Addition of a Management Analyst in the General Government to serve the City Manager division. This proposed position is to analyze, research and report on an ever increasing number of complex administrative issues. 10 • Addition of an Office Assistant in the Community Services Department to serve the Administrative division. This proposed position is to provide office support and to back up the Secretary to better serve the public, especially in issuing annual SilverRock Golf cards. • Addition of an Associate Engineer in the Public Works Department to assist the Traffic/Development division. The primary duty will include coordinating Engineering Plan checks. This position is warranted due to the increased workload of Plan checks submitted by the development community. • Addition of a Maintenance Worker in the Public Works Department to assist both the street and parks maintenance divisions. These duties will be split between the two divisions to assist in street maintenance and park maintenance/repair. This position is warranted due to the increased work load in the created by more public facilities to maintain. The proposed budget includes normal step increases for eligible employees and a 4.9% Cost of Living Allowance. Items which were requested by Staff, but not included in the budget. The following personnel requests were submitted by Staff and not included in the budget: • Two additional positions in the Public Works Department for a Maintenance Worker 1 was not funded for $117,976 in salaries and fringe benefits. • An additional part-time position in the City Clerks Department for an Office Assistant was not funded for $28,910 in salaries and fringe benefits. This position would have been utilized for implementing a passport services program. The total amount of these requests that were not included in the Fiscal Year 05/06 budget total $146,886. Public Safety Issues Police services -the overall budget for Police Services has increased by $1,369,737. This represents the largest service level cost in the proposed budget. Police Services represents 24% of total General Fund expenditures. The cost increase is due to two factors. The first is an increase in rates for services. This rate increase results in an estimated cost of $294,179, of which $377,919 is salary and benefit increases for the existing level of service personnel and a credit of $83,740 for patrol mileage. The second cost increase is due to the proposed addition of three new positions - two target team members and one motor officer. The estimated cost for these positions is 130 11 $1,075,558. The City Manager concurs with the recommendation of the Police Chief regarding the need for the addition of these positions. Fire services — the overall budget for Fire services has increased by $555,853 to a total of $4,337,893 for Fiscal Year 05/06. This represents the third largest service level in the proposed budget. Fire services represent 14% of total General Fund expenditures. The cost increase is due to two factors.. The first factor is an increase in rates for service. The rate increase results in an estimated cost of $352,367, of which $320,367 is salary and benefit increases for the existing level of service personnel. The second cost increase is due to a potential Memorandum of Understanding with the City of Indio for the use of a ladder truck for an estimated $150,000 and other fire charges which total $53,486. Revenues for these services has come from the Fire Structural Tax and Property Tax increment from Project Area 1 and 2 which has previously exceeded expenditures resulting in a surplus; however, in Fiscal Year 05/06 these revenues are estimated to generate $3,969,893. This $368,000 deficit will be funded from a trust fund credit held by the County of Riverside which has been accumulating when the revenues generated exceeded the expenditures and will have an estimated balance of $2,482,000 as of June 30, 2006. Community Service Projects In past budgets, the Council has included community service projects to benefit the citizens, children, and business community in the City of La Quinta (Attachment 2). This attachment reflects requests totaling $1,251,886 that have not been included in the Fiscal Year 05/06 Preliminary Budget. The following table lists Community Service items exceeding $5,000 as contained in the Preliminary Budget: AGENCIES BUDGETED Chamber of Commerce $ 125,000 La Quinta Arts Foundation 100,000 Boys & Girls Club - Facility Use (1) 60,000 Bob Hope Chrysler Classic 50,000 YMCA Pool Contract 30,000 Contingency 20,000 Community Special Events 15,000 AB 939 Unallocated 10,000 CV Economic Partnership 6,000 Facility Dedications & Holiday in the Park 5,000 Date Festival 5,000 (1) $30,000 from Community Development Block Grant 191 12 Other Issues Listed below are other issues requested by other agencies which have not been included in the Fiscal Year 05/06 budget: • A request of $180,000 from the La Quinta Chamber of Commerce. The Fiscal Year 04/05 budget contains $125,000 in funding which is $55,000 less than the amount requested. The request is provided as Attachment 3. • Although no request was filed, $10,000 was awarded to the Jacqueline Cochran Regional Airport for the airshow in FY 04/05. The City Council may want to consider this event for funding. • A request of $10,000 from La Quinta High School International Baccalaureate Program has been requested. The request is provided as Attachment 4. • A request from Safe House of the Desert has been received. No specific amount was requested, however, the letter indicates that other cities in the Coachella Valley have committed between $25,000 and $125,000, with some of the funding coming from CDBG funds. The City has already awarded its CDBG funding for the year. The request is provided as Attachment 5. • A request of $5,000 from American Red has been requested. The request is provided as Attachment 6. • A request to discuss City Council compensation has been requested. The last City Council increase went into effect on July 1, 2003. The previous staff report is provided as Attachment 7. • A request for $1,000,000 has been made by the Cal State University San Bernardino campus for a contribution toward a building on campus. The request is provided as Attachment 8. State Budget Impacts This year's budget contains the same impacts of proposed State mandated transfers of City funds from the City and the Redevelopment Agency to relieve the anticipated State deficit as the FY 04/05 budget. The General Fund impact is estimated to be $331,776 and the impact to the Redevelopment Agency $3,000,000. Timeline Attached is a brief outline of the City staff presentation of the Preliminary Budget (Attachment 9) as well as a one -page summary of highlights of this year's budget 1�^ 13 (Attachment 10). Also attached are a Summary and Supporting Fiscal Year 05/06 Preliminary Budget for Council's consideration (Attachment 11). Staff is requesting that at the June 20, 2005, City Council meeting, the Council review and make any amendments as necessary to the Preliminary Budget. Subsequent to this review, staff is requesting approval of the Preliminary Budget with a July 1, 2005, effective date. Staff will then incorporate all changes pursuant to the discussion of the Preliminary Budget and schedule the item for consideration at the July 19, 2005, City Council meeting for Final Budget adoption. Capital Improvement Program The Fiscal Year 2004/05 Preliminary Budget incorporates the planned capital expenditures for next year. The projects can be found on Pages H-1 and H-2 and include funding for (2) major CIP projects — Jefferson St Phase 2 project and the Jefferson St Median Island landscaping project from Hwy 111 to Indio Blvd. Five -Year Resource Allocation Plan City staff is currently completing the Five -Year Resource Allocation Plan (RAP). This five-year plan forecasts the operating expenditures and the anticipated revenues to pay for these expenditures. Staff will incorporate any changes between the Preliminary Budget and the final budget into the Five -Year Resource Allocation Plan which is scheduled for presentation at the July 19, 2005 City Council meeting. Summary This memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 20, 2005 City Council meeting. The City staff will be prepared with recommendations, and request to report on, methods/suggestions to balance the operating budget. FINDINGS AND ALTERNATIVES: City staff is requesting: 1) Review and comment on the 2005/2006 Fiscal Year Budget and provide direction regarding any proposed changes to the document; and 2) Approval of the 2005/2006 Fiscal Year Preliminary Budget as amended at the June 20, 2005, City Council Meeting. (Any approved changes by the City Council to be incorporated into the Final Budget for adoption on July 19, 2005.) 199 14 Respectfully submitted, yJohAnM2�Fallconbr, Finance Director Attachments: Approved for submission by: l Thomas P. Genovese, City Manager 1. Changes between FY 05/06 and FY 04/05 General Fund Expenditures 2 Grants/Contingency/Contracts/AB939/Other & Dept Requests 3. La Quinta Chamber of Commerce Funding Request 4. La Quinta High School International Baccalaureate Program Request 5. Safe House of the Desert Request 6. American Red Cross Request 7. City Council Compensation Staff Report — July 1, 2003 8. Cal State University San Bernardino campus Request 9. Staff Outline 10. Major Highlights 11. 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S N N a, O V- r M l L.J N Mh o N /1 y N l 1T 20 A l l AUHIVILN I J April 28, 2005 TO: Tom Genovese, City Manager Mark Weiss, Assistant City Manager City of La Quinta FM: Diane Glanz, President/CEO La Quinta Chamber of Commerce t RE: 2005-2006 City -Chamber Contract for Services Proposal Thank you for allowing the La Quinta Chamber of Commerce the opportunity to quote the City of La Quinta on a Contract for Services for the following areas of service: Contract for Services defined as: I. Business Retention and Promotion II. The GEM Newspaper III. The Visitors Center Fee: $125,000 Additional Funding RMuest: IV. Facilities Support Fee: $50,000 Direct Costs: V. Annual Audit/Review Fee: $ 5,000 TOTAL COST: $180,000 * (See Addendum) Our request for city funding for contract services for FY 2005-2006 is $180,000, with the requested payment schedule reflected as follows: October 17, 2005 $60,000 January 16, 2006 $60,000 April 17, 2006 $60,000 21 Copies of the auditor's Review of our Financial Statements and Supplementary Financial Information for the Year Ended June 30, 2004 as prepared by the accounting firm of Oscar G. Armijo, CPA, will be delivered to the City no later than May 20, 2005. The Chamber will continue to provide progress reports two weeks prior to each scheduled payment. We appreciate this opportunity to provide this proposal for services and look forward to continuing these essential services for the City. *Addendum City of La Quinta — Facilities Support For Fiscal Year July 1, 2005 — June 30, 2006 April 28, 2005 Our request for funding for the 2005-2006 year includes a request for funding to assist in facilities support for the Chamber due to the following circumstances: As you are aware, based on prior discussions during the current fiscal year, our current physical location has been purchased by new owners. We have been advised that at the end of our current annual lease in June 2005, the new owners intend to bring our required annual space rental up to fair -market value levels including triple net fees for our pro-rata share of the property expenses. Currently, we are under lease for our 1,200 square feet of space for $1,000 per month with no triple net fees added. This equates to an annual space rental of $12,000. The new owners intent is to bring our per square foot rental to $2.00 plus triple net costs. This equates to $24,000 in base rental charges plus an estimated $10,000 - $12,000 in triple net costs. That would be greater than triple our current space rental cost, with no additional space added, requiring at a minimum at least another $24,000 from our annual budget. We have been researching new facilities options over the past two fiscal cycles primarily due to our current overcrowded office conditions. These conditions include boxes of collateral materials and supplies stacked in our hallways blocking access, inadequate space to hold monthly board meetings which requires us to use outside facilities at additional costs, two to four employees per office reducing efficiencies and inadequate ability to house, utilize and promote our visitors center operations. The Chamber's Facilities committee, along with Chamber staff, has done extensive research to locate and secure facilities that would be adequate to meet our needs and properly represent the business community of La Quinta. We have solicited, received, and evaluated several lease proposals from lessors with space currently available throughout the City. We believe that the Council and staff are well aware of the fair -market value of per square foot rentals currently being charged in La Quinta. Based on our research, we have determined those costs to be in the $2.00 to $2.75 per square foot plus triple net fees range, which will add an additional $10,000 - $15,000 per year above the occupancy charges. We have also determined that to properly operate the Chamber's activities within code requirements and to meet the needs our 750 plus 2 22 members we will need approximately 2500 square feet of space. Given these facts, it appears our total occupancy costs will, at a minimum, exceed $60,000 next year in base rental fees and could go as high as $75,000 including triple net fees. We have evaluated the possibility of buying property versus leasing a facility so that the Chamber and potentially other non-profit groups throughout the city could synergize their facilities usage and obtain a permanent home. However, at this point due to land costs we have been unable to construct a model that will support that alternative. We still believe that idea has merit; however, we are faced with immediate requirements and are uncertain as to length of commitments in entering any new leases. We are certain of one thing. We will not be able to continue the Chamber's programs at anywhere near our current level without some temporary assistance. We simply cannot absorb a four -fold increase in our occupancy costs in total, in a single year. We are faced with the all too familiar case of not being able to afford to live in the town we grew up in. Yet, we are La Quinta's Chamber of Commerce and we believe vital to the ongoing business development and retention efforts in the City. We continue to seek an answer to our long-range plans for a permanent home and have met with City staff and other individuals outside in the business community. We are currently reserving some resources to fund our relocation. We need assistance to allow us time to structure and make a move to either an affordable interim space or a permanent location adequately sized to meet the needs of our business community and adhere to the provisions of our contract with the City. We are asking the City to provide additional funding to the La Quinta Chamber of Commerce for facilities support for the 2005-2006 year in the amount of $50,000, which represents the minimum requirement to obtain adequate facilities. The Chamber would add an additional $13,000 to its occupancy/rental budget (currently $12,000/year) for a total of $25,000 and the total of both (City $50,000;Chamber $25,000) would meet the minimum funding requirement for our occupancy needs at current fair -market value rates including triple net fees. This will provide us the interim opportunity to continue working with City staff to properly determine a long-range solution to our facilities requirements. We are confident that we will be able to fund an answer to our facility needs during the 2005-2006 cycle. This will simply provide us the chance to do it correctly with a long-range vision in mind. As an alternative to direct financial support for facilities as a component of our Contract for Services, the City might consider offering currently available office space to the La Quinta Chamber of Commerce. We are aware that the newly constructed City of La Quinta Library is nearing completion and that it was built with the future in mind to have additional space for expansion. The City could consider offering 2500 square feet of space in that facility to the Chamber at $1 per year annual lease for a three-year period. The Chamber could work with its membership and also utilize some of its reserve funding for necessary tenant improvements. This alternative would also allow the Chamber adequate time to secure a longterm solution such as the purchase and development of our own property which could be a multi -use facility working with other community and civic organizations for its use. Under this alternative, the Chamber could reduce its request for funding for our Contract for Services from $180,000 to $130,000 for 2005-2006. 3 23 We have not included facilities' cost recovery or a request for office space in past proposals for service delivery to the City of La Quinta. However, due to our current circumstances with facilities needs, it is incumbent to request this as a component of our Contract for Service delivery with the City of La Quinta We believe each of these alternatives is worthy of your consideration and we are open to any discussion of how to meet the challenges we face with your consultation. We look forward to continuing to work with Council and Staff to help make La Quinta a great place to work and live. Thank you, in advance, for your consideration of our Contract for Services proposal. 4 24 • );K] WGQl3v� � 78-371 Highway I I I La Quinta, CA 92253 FINANCIAL STATEMENTS AND SUPPLEMENTARY FINANCIAL INFORMATION For The Year Ended June 30, 2004 25 LA OUINTA CHAMBER OF COMMERCE Table of Contents June 30, 2004 Page Accountant's Review Report I FINANCIAL STATEMENTS Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 Notes to Financial Statements 5-9 SUPPLEMENTARY FINANCIAL INFORMATION Schedule of Support and Revenues 10 Schedule of Expenses — Program Services 11 Schedule of Expenses — Administrative and General 12 M OSCAR G. ARMIJO Certified Public Accountant 74-133 EL PASEO, SUITE 8 • PALM DESERT, CALIFORNIA 92260 • (760) 773-4078 • FAX (760) 773-4079 Board of Directors La Quinta Chamber of Commerce La Quinta, California 92253 We have reviewed the accompanying statement of financial position of La Quinta Chamber of Commerce (a Non -Profit Organization), as of June 30, 2004, and the related statement of activities and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of La Quints Chamber of Commerce. A review consists principally of inquiries of Organization personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying Schedules I through III is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. March 21, 2005 EMBER 1 MEMBER Cal(for MESociety of American Institute of Cert Cert(/%d PublicAccountanu �J%d publicAccou>rtautt 27 FINANCIAL STATEMENTS 2,17 28 LA OUINTA CHAMBER OF COMMERCE Statement of Financial Position June 30, 2004 ASSETS Current Assets Cash and Cash Equivalents (Note 2) $ 36,900 Investment -Board Designated 10,242 Accounts Receivable (net of allowance of $3,063) 5,262 Deposits 600 53,004 Property and Equipment (Note 3) 14,615 Other Assets Investment - Board Designated 20,765 TOTAL ASSETS $ 88,384 LIABILITIES AND NET ASSETS Current Liabilities Accounts payable $ 7,003 Other liabilities (Note 4) 13,136 Current portion of long-term debt (Note 5) 2,618 Long -Term Liabilities Long -Term debt, less current portion 1,383 TOTAL LIABILITIES 24,140 NET ASSETS Unrestricted Net Assets Board Designated 3I,007 General 33,237 Total Net Assets 64,244 TOTAL LIABILTIES AND NET ASSETS $ 88,384 See accompanying notes and accountant's report. 2 29 LA Q TINTA CHAMBER OF COMMERCE Statement of Activities For The Year Ended June 30, 2004 UNRESTRICTED NET ASSETS Support and Revenues 07570 Membership Dues $ 180,923 1 Publication Revenue 25,003 Contract - City of La Quinta , 98 Program Events ,800 00 Other Income _ 11,870 424,163 EXPENSES Program Services 51 Publications 51,4 Program Events ,480 Supporting Services 280,509 Administrative & General 418,440 INCREASE IN UNRESTRICTED NET ASSETS 5,723 NET ASSETS AT BEGINNING OF YEAR 58,521 NET ASSETS AT END OF YW See accompanying notes and accountant's report. 4.09 � 9 3 30 LA OUINTA CHAMBER OF COMMERCE Statement of Cash Flows For The Year Ended June 30, 2004 CASH FLOWS FROM OPERATING ACTIVITIES Increase in net assets $ 5,723 Adjustment to reconcile change in net assets to net cash provided by operating activities: Depreciation 5,038 (INCREASE) DECREASE IN OPERATING ASSETS Accounts Receivable 8,865 INCREASE (DECREASE) IN OPERATING LIABILITIES Accounts payable 2,368 Other liabilities 2,988 NET CASH PROVIDED BY OPERATING ACTIVITIES 24,982 CASH FLOWS FROM INVESTING ACTIVITIES Transfer of earned revenues to board designated investment (613) Acquisition of property (7'648) NET CASH USED PROVIDED BY INVESTING ACTIVITIES (8,261) CASH FLOWS FROM FINANCING ACTIVITIES Principal payments on long-term debt (2,627) NET INCREASE IN CASH AND CASH EQUIVALENTS 14,094 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 22,806 CASH AND CASH EQUIVALENTS AT END OF YEAR,® 0 See accompanying notes and accountant's report. 210 4 31 LA QUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business La Quinta Chamber of Commerce (the Chamber) is a non-profit business association. The mission of the Chamber is to promote the economy and business community of the City of La Quinta. The Chamber's support comes primarily from membership fees, contributions, contract fees for service, revenue from organizations and revenues from special events. Basis of Accounting The Chamber prepares its financial statements in accordance with generally accepted accounting principles, which involves the application of accrual accounting; consequently, revenues and gains are recognized when earned, and expenses and losses are recognized when incurred. Basis of Presentation Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards SFAS No. 117, Financial Statements of Not -for -Profit Organizations. Under SFAS No. 117, the Chamber is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. Contributions Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support, depending on the existence or nature or any donor restrictions. Support that is restricted by the grantor is reported as an increase in unrestricted net assets if the restriction expires in the reporting period in which the support is recognized. All other grantor -restricted support is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. Cash and Cash Equivalents For purposes of the statement of cash flows, cash equivalents include time deposits, certificate of deposits, and all highly liquid debt instruments with original maturities of three months or less. 211 5 32 LA OUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Accounts Receivable Accounts receivable are stated at the amount the Chamber expects to collect from outstanding balances. The Chamber provides for probable uncollectible amounts through a provision for bad debt expense and an adjustment to a valuation allowance based on its assessment of the current status of individual accounts. Balances that are still outstanding after the Chamber has used reasonable collection efforts are written off through a charge to the valuation allowance and a credit to accounts receivable. Donated Services A portion of the Chamber's functions is conducted by unpaid volunteers. The value of the contributed time is not reflected in the accompanying financial statements since the volunteer's time does not meet the criteria for recognition under SFAS No. 116, "Accounting for Contributions Received and Contributions Made." Membership Dues Membership dues are recognized as revenue in the applicable membership period. Property and Eauipment Acquisitions of property and equipment in excess of $500 are capitalized and recorded at cost. Depreciation of property and equipment is provided over the estimated useful lives of the respective assets on a straight-line basis. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from these estimates. The Chamber is a private, Non -Profit Corporation organized under the laws of the State of California. The'Chamber is exempt from income taxes under Section 501(c) (6) of the Internal Revenue Code and Section 23701 (e) of the State of California Revenue and Taxation Code. Accordingly, no provisions for income taxes are included in the accompanying financial statements. M f)10 33 LA CUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 •[(641'• Leases Leases, which in substance transfer all to the benefits and risks equivalent to ownership of property, are classified as capital leases. The related assets and liabilities are recorded at the amounts equal to the lesser of the present value of the minimum lease payments or the fair value of the leased property at the beginning of the lease term. Generally, such assets are amortized over their economic lives. Interest expenses relating to lease liabilities are recorded using the effective interest method over the terms of the leases. All other leases are classified as operating leases. Cash and cash equivalents consists of the following at June 30, 2004: Cash On Hand $ 225 Cash -Events 170 Checking Accounts 10,326 Cash -Legislative Coalition of Valley Chambers of Commerce 700 Money Market Account 25,479 The following is a summary of property and equipment, less accumulated depreciation at June 30, 2004: Leasehold Improvements Computer & Office Equipment Software Signage Furniture & Fixture Accumulated Depreciation 7 $10,746 25,948 4,895 496 2_4 43,069 44 213 34 LA OUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 4: OTHER LIABILITIES Other liabilities at June 30, 2004, were comprised of: Accrued payroll $ 3,759 Accrued vacation 3,337 Accrued sick time 4,296 Accrued medical insurance 101 Payroll taxes payable 1,643 NOTE 5: LONG -'TERM DEBT Long-term debt liabilities at June 30, 2004, is summarized as follows: Obligation Una Capital Lease Capital lease agreement with Sharp Electronics Credit Corporation, dated January 3, 2001, payable in monthly installments of $235.52. Lease is payable in 5 years and bears an effective interest rate of 7.643%. a 4 1 Total Capital Lease 4,001 Less: Current Portion (2,6181 The following is a schedule, by year, of future minimum lease payments under this capital lease together with the present value of the net minimum lease payments as of June 30, 2004: Minimum Present Value Lease of Minimum Pients Lease Payments 2005 2,826 2,618 2006 1,413 1.383 Totals 8 214 35 LA QUINTA CHAMBER OF COMMERCE Notes to Financial Statements June 30, 2004 NOTE 6: LEAffL The Chamber Ihas a non -cancelable operating lease related to the rental of its office space. Lease is on annual basis, with monthly payments of $1,000, which total $12,000 annually. NOTE 7: FUNCTIONAL ALLOCATION OF EXPENSES The costs of providing the various programs and activities have been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services generated. 21.5 0 SUPPLEMENTARY FINANCIAL INFORMATION w16 37 LA QUINTA CHAMBER OF COMMERCE Schedule of Support and Revenues For the Year Ended June 30, 2004 Membershiv Dues: New Membership $ 3,163 Renewal Membership 66,5 Setup Fee 6,352 107,570 Publication Revenue: Spotlight Ads 840 Map 2,025 25 Newsletter (The Gem) 75,0 Hyperlinks 500 Labels 1,750 80,923 Contract -City of La Duinta Contract for Services 125,000 Program Events 36278 Luncheons 3, 2480 Golf Tournament ,598 Business Expo 23, Other 8,110 10 Board Installation 7,334 98,800 Other Income 814 Interest Board Billings 395 Mid Month Mailing 9,414 Other Income 1,247 11,870 Total Support and Revenues $ 424,163 io See accountant's report. 10 38 LA OUINTA CHAMBER OF COMMERCE Schedule of Expenses — Program Services For the Year Ended June 30, 2004 Publications The Gem Website Program Events Luncheons Golf Tournament Business Expo Other Board Installation Total Expenses - Program Services See accountant's report. 11 $ 84,817 1,634 86,451 18,114 9,518 14,626 1,294 7,928 51,480 $ 137,931 4. OIS 39 LA QUINTA CHAMBER OF COMMERCE Schedule of Expenses — Administrative and General For the Year Ended June 30, 2004 Bank Charges Board Meeting Expense Mid Month Mailing Legal and Accounting Credit Card Fees Meeting Expense Mileage Expense Equipment Lease Computer Expense Bad Debt Expense Payroll Services Dues and Subscriptions Miscellaneous Expenses Insurance - D & O Office Supplies Payroll Expenses Postage Printing Rent Expense R & M -Equipment R&M -Office Telephone Utilities Office Storage Security Visitor Center Tourism Depreciation Expense Total Expenses - Admi fflw General $ 2,281 2,995 4,363 10,419 720 1,869 761 3,048 2,526 1,750 1,672 1,720 16,076 6,479 8,671 180,353 1,772 2,004 12,000 1,458 2,370 5,708 2,929 694 300 543 5,038 $ 280,509 See accountant's report. 219 12 40 U International Baccalaureate i IpLA aVI tR 'S Qrp. City Clerk February 16, 2005 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Honorable members of the La Quinta City Council, I would like to request that the city set aside a grant specifically for La Quinta High School in the amount of up to $10,000 per year primarily for educational purposes. The school will make applications for the money as needs arise. However, this money would be set aside just for LQHS instead of the school competing with every other school, charity and event for the Community Services Grant. La Quinta High School is eleven years old and has grown to 2,700 students. I personally know of many families that move to La Quinta just to enrollea has h at our school. Therefore, our school has been a big attraction for city growthhelped produce tax income. The city of Palm Desert grants up to $10,000 per school for educational opportunities and I would hope that our great city would do the same. Since we are spending many, many millions of dollars on a golf course, I hope that you would consider budgeting a small amount comparatively on educating our future citizens and keeping La Quinta High School the California Distinguished School that it is. Sincerely, ' �J /� @67� l�utX�G Mrs. Dori Quill LQHS Parent Teacher Organization President 51245 Avenida Rubio La Quinta, California 92253 564-2685 Desert Sands Unified School District ,.?p 79-255 Westward Ho Drive • La Quinta, Califomia 92253 • (760) 772-4150 Fax (760) 772-4166 • Fax (760) 771-417 41 1% `J H 1 1 ALMIVICIV 1 7 .MY M fT SAFEHOUSE OF THE DESERT A Program of operation SafeBouse FOUNDERS Amy S. HARRISON SUSAN STARK-GIGANDET May 6, 2005 SAFEHOUSE OF THE DESERT ADVISORY BOARD The Honorable Donald Adolph GARY JEANDRON, CHAIR MICHAEL BROWN Mayor, City of La Quinta JUDITH A. COX ROBERT COX 78495 Calle Tampico JOE DAILY La Quinta, CA 92253 LETICIA DELARA JAN DUKE CAROLYN GREEN Dear Mayor Adolph: JEFFREY A. HAYS VALERIE HILL MARK MORAN I am writing you this letter on behalf of SafeHouse of the Desert. I have been serving as a JOHN PENA PITTMAN volunteer on the Advisory Committee since July 2003. 1 became involved with the project because, DENVER MARILYN PLACEK in my career as a Captain with the Riverside County Sheriffs Department, I have been very STEVE ROBBINS about the growing number of runaway and throwaway children who are homeless with MICHAEL SCACCO DON SCHROEDER concerned no place to go for help. This project is 20 years overdue, but I am happy to tell you that we are well RICK SMEDSTAD on our way to filling this gap in these essential services in the Valley. PROJECT DIRECTOR Km= XMITT 674-8408 With Riverside County's population currently at 1.8 million, it is estimated that 5,200 children will (760) FAx (760) 674-9923 run away from home over the next year — over 1,000 children in the Coachella Valley alone. Most ERRirr@ORERATIONSAFE„OUSE. °RG are running from a temporary crisis. After a cooling -off period in the home of a friend, relative or in )PERATION SAFEHOUSE a youth shelter, many are able to return home and work out their problems. But for many, these BOARD OF DIRECTORS DAVID AMADOR problems seem insurmountable and the streets are more welcoming than the homes they have left. LAURA BURG Some may be escaping from personal danger in the form of a substance -abusing, physically or STEVE CLUTE ROBERT COX sexually abusive parent / guardian. Others, in the heat of an argument, may have been kicked out MICHAEL B . DONNER of their homes and told not to return. As runaways, they are homeless, frequently depressed, and JAN DUKE PAULETTE J. DURAND- seriously at risk. Without help, they run the risk of becoming suicidal. Often many will turn to drugs BARKLEY from their troubled lives; or to exchange sex for food, clothing and shelter; or commit BRYAN F. FOSTER My S. HARRISON as an escape crimes simply to survive. VALERIE HILL GARY JEANDRON RONNA KADOW Runaway and homeless youth are classified as a "special sub -population of the homeless," and MONICA unfortunately. no branch of state government is mandated to provide services for this at -risk MARKRK MORAN ORAN GINA MORRIS population. Because they are "runaways" they are viewed as inappropriate for child protective EMILY PEARL and lack of funding as well as rigid rules of access leave them outside of the mental health DON SCHROEDER LT. TIMOTHY A. SLANE services system. All Coachella Valley homeless programs serve either adults or families with children; DAWN SMITH homeless and runaway youth fit into neither category. Juvenile probation concentrates on law SUSAN STARK-GIGANDET EDWARD VASQUEZ violators, and unfortunately it is not against the law for a child to be without a home. Most "official" GAYLE WEBB doors are closed. Therefore, without early intervention — i.e., reaching the runaway child before he '�� RECTOR or she becomes a street kid — the likelihood of a child becoming a predator or prey (or both) KATHY MCADARA dramatically increases. (951) 351-4418 FAx (951) 351-4265 SAFEHOUSE9@AOL.COM 221 9685 HAxEs STREET 1 RIVERSIDE, CA 92501 42 SafeHouse of the Desert is a major service expansion of Operation SafeHouse; the project was initiated in response to a community needs assessment conducted by the Regional Access Project Foundation RAP which identified the need for an emergency shelter for Coachella Valley's runaway and homeless youth as a top priority. The survey determined that no such facility currently exists in the desert to serve youth who each year find themselves on the streets of our community with nowhere to turn for help. The RAP Foundation committed three -hundred thousand dollars ($300,000) to serve as the seed money for this project and to help leverage other much needed funds. Supported by an initial planning and development grant from the RAP Foundation, Operation SafeHouse recruited a number of Valley civic and community leaders as an advisory group to assist in developing services and managing the development of a local shelter facility. Members of the advisory group include representatives of local law enforcement, nonprofit service providers, developers and community volunteers. Four of these advisory members have also been appointed to the Board of Directors for Operation Safe House. A full-time Project Director based in Palm Desert manages the project on a day -today basis. Using the Operation SafeHouse model, SafeHouse of the Desert will establish, maintain and operate the gUl emergency youth shelter in the Coachella Valley and eastern Riverside County. Each year, the shelter will be able to prevent 700 of the Coachella Valley's runaway and homeless youth from becoming hardened street kids who feel they have no other place to turn for help. Adhering to the U.S. Department of Health and Human Services Runaway and Youth Shelter Guidelines for emergency shelters, SafeHouse of the Desert, will be a fourteen day temporary shelter program designed to assess the immediate needs of children in crisis and provide active case management to ensue; family reunification when appropriate or placement in a safe, long-term stable living environment. The overall program consists of the emergency shelter itself coupled with three primary components to ensure that the goal of family reunification is achieved:1) individual, group, family and after -care counseling; 2) education, life skill development, and recreation; and 3) a comprehensive school and street outreach program. SafeHouse of the Desert will be a 16,000 square foot emergency shelter providing a total of 20 beds for children between the ages of 12 and 18. Located in a residential neighborhood in Thousand Palms, the shelter will be accessible to public transportation for children who self-refer/self-transport to the shelter. As more than half of youth arriving at the shelter are expected to be transported by law enforcement, the shelter's central Valley location and close proximity to Interstate 10 have garnered the support of Valley -wide local law enforcement agencies. The shelter will maintain separate bedroom and bathroom facilities for male and female residents. Staff will prepare three meals per day and snacks for all residents; and clothing and personal care items will be provided as needed. The shelter's daily schedule will provide time for individual, group, and extensive family counseling, as well as a Community Day School, daily chores, and leisure and recreational activities. SafeHouse of the Desert is well positioned to achieve its goal of providing safety, shelter, and support to Coachella Valley's children and to prevent them from becoming victims of the streets by reunifying them with their families. The projected cost of the facility is currently $4.2 million dollars. To date, we have raised $2.7 million dollars from the following sources: Funding Organization Funding Area Amount Regional Access Project Foundation Project Development $300,000 Architectural $60.000 Desert Healthcare District Construction $1,000,000 State of California Dept. of Housing Construction $1,0001000 Emergency Housing Assistance Program 222 43 Funding Organization, Continued Funding Area Amount Cathedral City Police Department Construction $500 City of Palm Springs - Community Development Block Grant Block Wall $32,000 City of Desert Hot Springs Construction $30,000 City of Indian Wells Construction $25,000 City of Indio Construction $50,000 City of Palm Desert Construction $125,000 Anderson Children's Foundation Construction $20,000 Cabazon Band of Mission Indians Construction $10,000 Riverside County — Economic Development Agency Off -Site Costs $250,000 Individuals Construction $9,000 During the month of May we will be actively seeking grants or contributions from the Cities of Rancho Mirage, Cathedral City, and Coachella to complete our local campaign. It is very important that we receive a contribution from each city to show local support for the project. This is especially true when we submit our grant proposal to large regional foundations that have the ability to fund $250,000 - $500,000 each. For the sake of our children in crisis, I am respectfully requesting that the City Council consider a contribution to our capital campaign. Our Project Director Karen Merritt and/or I would welcome the opportunity to make a presentation to Council in order to support our request. Our goal is well within reach. All we need is to build the facility. Please join us in creating a safe place for Coachella Valley children in crisis. T nk you for your consideration, f— ) -�, ��D Denver Pittman, Advisory Committee Member, SafeHouse of the Desert Captain, Riverside County Sheriffs Department 223 44 A I 1 AL;HMLN I ti American Red Cross d„ Riverside County Chapter April 22, 2005 Thomas P. Genovese City Manager City of La Quinta P. O. Box 1504 78495 Calle Tampico La Quinta, CA 92253 Dear Mr. Genovese: APR 2 2 20� Thank you for the opportunity to submit a request for funding from La Quinta. The information enclosed focuses on services American Red Cross has provided to Coachella Valley residents only. We request funding for FY 05 06 in the amount of $5,000. Included in this packet are: One -Page Summary of requests Copy of our most recent Annual Report Copy of our latest audited financial statements Copy of our 990 (this is compiled for our chapter only for donor review) Our Annual Meeting date has been set for Tuesday, June 28`h from 5:30 to 7:30 pm and is being hosted by the Morongo Band of Mission Indians and will be held in the conference center at Morongo Resort Casino & Spa. This letter serves as an invitation to join us as our guests. Respectfully Submitted, Pamela A. Anderson CEO Mailing Address: P. O. Box 55040, Riverside, CA 92517-0040 7 e Riverside Coachella Valley Southwest County AW or" 6235 River Crest Dr., Ste. D 41-951 Corporate Way, Ste. B 27715 Jefferson Ave., Ste. 117 Riverside, CA 92507 Palm Desert, CA 92260 Temecula, CA 92590 (951) 656-4218 (760)773-9105 (951)676-3711 Fax: (951) 656-4329 Fax: (760) 341-9125 Fax: (951) 676-2251 45 www.RiversideCounty.RedCross.org +American Red d'Oss REQUEST FOR FUNDING: DISASTER RELIEF SERVICES Pursuant to its Charter issued by the United States Congress, the Mission of the American Red Cross is to help people prevent, prepare for and respond to emergencies. To that end, the Riverside County Chapter American Red Cross responds to all local disasters throughout the entire County of Riverside, including Coachella Valley. The Riverside County Chapter of the American Red Cross provides immediate disaster relief services whenever needed, 24 hours a day, 7 days a week. Notified by City Fire, Police and/or CDF, American Red Cross provides direct services on scene at the disaster. Such services include, but are not limited to, shelter, food, clothing, medical supplies, diapers, hygienic supplies, crisis counseling, and the replacement of damaged or destroyed necessities, such as major appliances and furniture as well as linens. Clients receive "vouchers" that are the same as "cash" and be used to buy items needed at local stores. In hardship cases, American Red Cross will assist with relocation into other living quarters and pay for utility fees, first month's rent to assist families in the recovery process. ALL disaster relief services are PROVIDED FREE. No repayment is expected nor accepted — the Red Cross relies solely on local contributions and grants to provide our services. The American Red Cross is not a government agencv and receives no federal government funding. Also, although the Red Cross works closely with FEMA during major natural and man-made disasters, the Red Cross is not funded nor sWMrted by FEMA. Attached are direct costs of disaster relief provided to. Coachella Valley residents. To provide historical perspective, FY 2003, 2604 and 2005 YTD are attached. In summary, services provided to Coachella Valley residents ONLY are as follows: # Res ones 68 72 58 # Cases 82 81 69 # Adults 173 176 129 # Children 141 147 72 Total Cost $55,626 $34,583 $40,891 FY 03 FY 04 FY 05 YTD TOTAL 198 232 478 360 $131,100 FUNDING REOUEST: We request Disaster Services funding from the City of La Quinta. (restricted for use in Coachella Valley) in the amount of: $5,000 for FY 05/06. 225 COACHELLA OFFICE DISASTER REPORT FOR FISCAL YEAR 2005 MONTH INCIDENTS CASES ADULTS CHILDREN COST JUL 2004 4 4 7 3 $ 464.95 AUG 7 7 17 10 $ 4,790.73 SEPT 5 5 11 1 $ 3,629.44 OCT 6 9 16 11 $ 5,779.51 NOV 9 10 16 15 $ 5,005.36 DEC 6 12 18 4 $ 6,037.80 JAN 2005 10 9 17 15 $ 8,478.82 FEB 8 8 17 8 $ 4,318.96 MAR 3 5 10 5 $ 2,385.00 APR MAY JUN FY TOTAL 58 69 129 72 i 4890.57 226 11% DISASTER REPORT FOR FISCAL YEAR 2004 MONTH INCIDENTS CASES ADULTS CHILDREN COST JUL 2003 4 5 1 14 26 $ 694.00 AUG SEPT 9 10 9 10 j 19 —� 16 13 7 $ 3,995.50 $ 1,479.98 OCT 10 10 27 15 $ 4,884.16 NOV 7 7 13 11 $ 3,969.76 DEC 2 2 5 5 $ 1,047.00 JAN 2004 6 11 20 20 $ 2,944.52 FEB MAR _ APR —� MAY 3 6—� T4 7 3 7 � 5 _a 8 5 16 17 18 9 I -- 10 — 3 23 — $ 1,342.00 $----- 4,821.05 $ 2,154.11 $ 4,116.58 J U N 4 4 6 �— 5 $ 3,134.00 FY TOTAL 72 81 176 147 $ 34,582.66 Coachella Valley Office Confidential 227 Page 1 48 DISASTER REPORT FOR FISCAL YEAR 2003 I _ MONTH INCIDENTS CASES ADULTS CHILDREN COST J U L 2002 1 7 8 25 13 $ 6,196.72 AUG 2 - 2 6 0 $ 1,055.73 SEPT 6 14 26 25 $ 4,515.21 OCT 6 7 14 19 $ 4,720.96 NO F 9 9 19 13 $ 8,276.95 DEC 8 9 13 9 $ 9,514.00 JAN 2003 5 6 14 18 $ 2,829.59 FEB 6 6 rt 12 - 22 $ _ 7,263.97 MAR 4 4 7 4 I$ 3,419.45 APR 6 6 17 10 $ _ 3,716.97 MAY 5 6 13 8 $ 3,235.18 JUN 4 5 7 0 $ 881.00 FY TOTAL 68 82 173 141 $ 55,625.73 Coachella Valley Office Confidential 2 .1's v Page 1 49 When you call them ... they call us! American Red Cross Riverside County Chapter 2003-2004 Annual Report www.riversidecounty.redcross.org UfwwdVftw OI M. IMantl Valleys 0)419 w Mission Statement The American Red Cross is a humanitarian organization, led by volunteers, that provides relief to victims of disasters and helps people prevent, prepare for, and respond to emergen- cies. It does this through services that are consistent with its congressional charter and the fundampntal principles.of the International Red Cross and Red Crescent Movement. Executive Message "The support kind of took the chaos out of the disaster." This quote from a family member of a recipient of Red Cross services is descriptive of what American Red Cross does. Emergencies and disasters are often accompanied by chaos. Red Cross arrives with help - physical, emotional and sometimes spiritual. With basic needs addressed, those affected are able to begin the recovery process, step by step.. Being prepared cuts down the "chaotic-ness" of a disaster. The Riverside County Chapter offers classes year round in CPR, First Aid, AED, water safety training, community disaster education and Together We Prepare classes, providing vital disaster preparedness information. Volunteers and their commitment are what make our humanitarian work possible. The actions of our dedicated volunteers are what make the difference in the lives of those we serve. With their help and our donors, we can direct our funds where it really matters ... into the heart of a crisis. Brenda Lorenzi Chapter Chairman Encouraging and training families throughout the Pamela A. Anderson county, working year round to ensure that disaster relief assis- Chapter Executive Officer tance reaches those in need, bridging the communication gap by relaying verified emergency information and messages to our military service personnel around the world and offering volunteer and community service opportunities to our youth are but a few of the many services your Chapter provides. Your help will ensure the work of Red Cross continues for years to come. We want to send a special thank you to those who have helped us prepare to help others! Southern California Wildfires It was the worst string of fires to hit Southern California in a decade. The Southern California wildfires, which broke out a the end of October 2003, disrupted the lives of thousands and destroyed homes and precious memories. The American Red Cross and federal agencies quickly set up relief centers for bewil- dered residents whose homes and property were razed by the relentless wave of flames. Victims were faced with an unthinkable new reality: how to start over. Thankfully, the Red Cross was present throughout the community, supporting 18 one -stop service centers, offering a wide range of services for victims. I- ,?30 51 Disaster Relief Expenses for Southern California Wildfires Fall 2003 (as of March 31, 2004) Food and Shelter Operations The Rqd Cross housed 11,963 people in 41 shelters from October 26 to November 4, 2003. We provided 374,555 meals and snacks and 6,077 comfort kits, as well as cots, blankets and baby supplies. More than 10,000 volunteers and staff enabled the Red.Cross to set-up shelters, provide transportation to the numerous locations, support the sheltering effort and process and distribute supplies. TOTAL COST: $5,010,204 Direct Financial Assistance to Disaster Victims The Red Cross has provided direct financial assistance to 4,958 families to date. This helped the fire victims purchase needed items and gave them a foundation to start the recovery process. This is done through a process in which victims are interviewed and aid is given to those in need. TOTAL COST: $4,531,223 Physical and Mental Health Services The Red Cross provided both physical and mental health services to fire victims. Volun- teer nurses helped thousands of people with physical needs. Trained mental health professionals made 16,543 contacts with people in need to begin the recovery process. The cost of these services includes the replacement of prescription medications, over-the- counter medications and prescription glasses or contacts, as well as airfare, lodging, meals and local transportation for some volunteers. TOTAL COST: $2,319,473 Other Red Cross Operational Support for Community Services - Information gathering and outreach to the community through damage assessment, community liaisons and media outreach (public affairs). TOTAL COST: $266,954 - Support of the national Disaster Operations Center (DOC) that recruits and deploys trained workers and supplies through the network of almost 900 Red Cross chapters and the toll -free information line. TOTAL COST: $1,290,109 - Technology support for logistics, communications and information. TOTAL COST: $1,290,198 - Support of the disaster welfare inquiry system that allowed families inside and outside the affected area to reach each other. TOTAL COST: $9,663 - Fundraising support. TOTAL COST: $137,384 -Administration costs, including insurance, workers' compensation, accounting, adminis- trative support and data management. TOTAL COST: $841, 961 TOTAL COST OF OPERATIONAL SUPPORT OF COMMUNITY SERVICES: $2,993,089 Total spent as of March 31, 2004, to help victims of the Southern California Wildfires: $14,753,989 23,l 2 52 American Red Cross Disaster Services Wthen a house fire leaves a family homeless, the Red Cross is there to provide immediate emergency disaster -caused assistance. When a disaster hits Riverside County and the fire department is called, our Disaster Action Team (DAT) also is soon on the scene. Long after the fire is out, the Red Cross continues to provide vital relief. We make sure people have their basic essentials such as food, clothing and shelter. SERVICE STATISTICS 237 Incidents 320 Homes/Apartments Affected 309 Families Assisted Financially 16 Mass Shelters Opened American Rtd Cross Armed Forces Emergency Services r Red Cross is the communication link h American , I - "'between members of the U.S. Armed Forces and their families. The Red Cross has a world wide network that reaches service members on land and at sea to communicate a birth, death, illness, or family accident. SERVICE STATISTICS 246 Cases 299 Military Families FIV4VUA4W1 qF The American Red Cross is not a government agency. Chartered by an Act of the United States Congress in 1905, the American Red Cross is mandated to respond to all disasters, natural or man-made. We are the nation's premier disaster relief and response grganization. With your continued financial support, we will be there, when help can't wait! �32 3 53 RRW cro : Health and Safety. Youth and Community ServiC,es Every year the Riverside County Chapter teaches CPR, First Aid, and other lifesaving training, such as water safety classes, babysitting and HIV/Aids awareness. LIFE-SAVING SERVICE STATISTICS 2,821 Classes Taught 23,003 People Trained vowing that preparedness starts with the family or individual, the American JLXRed Cross launched a nationwide program this year entitled Together We Prepare (TWP) to give community members the tools they need to get prepared and to be a part of their community and their American Red Cross. TWP has five simple action steps that anyone can take to prepare: • Make a Plan EDUCATION SERVICE STATISTICS • Build a Kit Disaster Prevention Education • Get Trained 251,390 People Reached • Volunteer TWP (Together We Prepare) • Give Blood 55,654 People Reached x 90 _......, ince the founding of the Junior Red Cross in 1917, youth and the Red Cross have been partners. Today the involvement of young people with the Red Cross is more impor- tant than ever. Our goal is to provide young people with training and volunteer projects through community service so that they remain part of the Red Cross family throughout their lives. Some of our Youth Group with Pamela Anderson (CEO) at the Youth Institute SERVICE STATISTICS 190 School Club Members 0- 0 M 54 CommHeroes Making the Difference American Red Cross Riverside County Chapter MORONGO q, BAND OF MISSION INDIANS A SOVEREIGN NATION Morongo Tribal Chairman Maurice Lyons serving hot meals to 1,800 wildfire victims at the American Red Cross shelter in San Bernardino. The tribe also prepared and donated water and food for 3,900 wildfire victims seeking relief and comfort at 5 different Red Cross shelters. "J4 5 55 The Riverside County Chapter of the American Red Cross is proud to recognize the Morongo Band of Mission Indians as our Community Heroes. It is with our deepest appreciation on behalf of the thousands of Red Cross Volunteers and community members that we recognize and thank the Morongo Band of Mission Indians for their -gracious support and caring. The Morongo Band of Mission Indians served hot meals to countless victims of the California Wildfires; made a generous donation of a Red Cross Emergency Response Vehicle; and made an unprecedented financial gift to our local Chapter. Red Cross Shelter set up in the TWA Hanger at the San Bernardino Airfield. The Red Cross sheltered over 10,000 people in two weeks. The Morongo Band of Mission Indians continued unwavering support to our local Chapter, combined with the people of Riverside County enables us to prevent, prepare for and respond to emergencies. A Red Cross ERV drives through the Lytle Creek neighborhopd delivering hot meals to those returning to begin the clean-up. The Red Cross also gave trash bags, masks, buckets, brooms, rakes, shovels, garden hoses, lip balm, sunscreen, and eye drops to help workers and families. Brunilda Hockaday chats with a Red Cross Worker outside her home. A sign on her garage door shows her appreciation for the firefighters and the Red Cross. Red Cross volunteers and workers made over 23,000 health services and mental health contacts with ry 3 5 those affected by the fires. 6 3M Volunteer Services Red Cross volunteers respond to a multitude of emergencies that occur at all hours of the day. They are the instructors that teach people how to save lives and they are the board members who set policy and procedure for the chapter. Over 1,000 volunteers assisted the chapter in one way or another throughout the year. Whether they teach classes, respond to disasters, or help with adminis- trative tasks, they are the backbone of the chapter. SERVICE STATISTICS .1,024 Volunteers Andrea Ordway Disaster Victim Single -Family Fire, Riverside County "The only thing I had was what my daughter and I had on " that was it. I didn't have, Pampers... You can't tell a two -and -a -half year:'oId you don't have your things. You don't have your blanket that you've had since birth that. I made you ... you don't have these things anymore: You can't explain you don't have anything. And that's hard. And, if it wasn't for "the Red Cross I would say it would be i of harder for me to even fathom the idea of how to begin and then heainniho- 7 57 Ron Frieboron Father of Disaster Victim . ApartmentFire, Riverside County "We went over. there. It must have been five in the morning or so. I didn't think there would be any assistance available there, anything like that in the recovery process .. like rebuilding a life and a home ... But I did find out that the Red'Cross stepped in. That was a pretty powerful experience. There were certificates to stores like Wal.Mart and. Target. There was the mobile food vehicle there also: They were providing breakfast at that time for everybody that was there on the scene — firefighters and the victims of the lire, there was some counseling happening. It was incredible. The support kind of took the chaos!;'out of the disaster. The average person doesn't see what the American Red Cross does. If you've been hit by disaster and devastation, with their support you see what kind of People they are. Being a volunteer group, it's people helping people." J Where Money Comes From ■ United Way & Employee FY 03/04 Designations ■ Individual Contributions $192,576 $160,088 pSpecial Events $153,312 70 A7c ■ Bequests 0 Disaster Contributions $160,2 $139,608 $1,515,200 © Health & Safety Fees $45,154 p Other Where The Money Goes FY 03/04 _ ._ ®Disaster Relief 7% 10% 3% 35% 5% 40% ■ Health & Safety ❑ Service to Military ■Youth & Community S erives ■Fund Raising ® Management & General 0.O;y 8 58 Volunteer Services Red Cross volunteers respond to a multitude of emergencies that occur at all hours of the day. They are the instructors that teach people how to save lives and they are the board members who set policy and procedure for the chapter. Over 3,000 volunteers assisted the chapter in one way or another throughout the year. Whether they teach classes, respond to disasters, or help with adminis- trative tasks, they are the backbone of the chapter. SERVICE STATISTICS 3,024 Volunteers Andrea Ordway Disaster Victim Single -Family fire, Riverside. County "The :only thing..I had was what my daughter and I had on; that was :it: I didn't' have= Pampers.:.. You can't tell a two -and -a -half year old you don'-t 'have your things. You don't have your blanket that;you've had since. birth, that: I:' made you ... you don't have these things anymore: You can't explain you don't have anything. And " that's''hard: Aiid .if it wasn'.t for the Red Cross I would say it would .'be. slot harder,for me to even fathom the idea of how to begin and -then'beginning.". 7 59 Ron Frieboron Father of Disaster Victim ' Apartment Fire, Riverside County went over, there. 'It must have been five in the morning or so... I didn't think _there would beany assistance available there, anything like that in the recovery process • • like rebuilding a life and a home ... But I did find out that the Red Cross tepped in. That was a pretty powerful experience. There were certificates to`stores like Wal-Mart and Target. There was the mobile food -vehicle there also�They were providing breakfast at that time for everybody that was here on the scene :, firefighters and the victims of the fire, there was some counseling happening. It was incredible. The support kind of took the chaos out of the disaster. The -average erson doesn't see what the American Red Cross does. If you f The g P ou see what kind been hit by disaster and:devastation, with their support y people they are. Being a volunteer group, it's people helping people." ■United Way & Employee Where Money Comes From Designations FY 03/04 Individual Contributions $169,088 I ❑ Special Everts $153,312 ®Begt.iests o Disaster Contributions jvu,cw- $139,60t3 $1,515,200 gHealth &Safety Fees $45,154J 1 a Other Where The Money Goes FY 03/04 ®Disaster Relief ■ Health & Safety 7% 10% ❑ Service to Military 3% % 5% ■ Youth & Community S erives ® Fund Raising 40% ®Management &General �..� 8 60 Your support helps the American Red Cross bring food, shelter and clothing immediately after a disaster to your friends, neighbors, and perhaps to you! AMERICAN RED CROSS RIVERSIDE COUNTY CHAPTER STATEMENT OF FINANCIAL POSITION JUNE 30, 2004 With Comparative Totals For June 30, 2003 2004 2003 Totals Temporarily For Comparative Unrestricted Restricted Total Purposes Only ASSETS: Current Assets Cash and equivalents S 392,491 S 392,491 S 49,120 United Way funding for next year - 97,991 97,991 95,489 Accounts receivable 24,336 24,336 41,623 Other receivables - 1,000 Inventories 34,905 34,905 24,955 Total Current Assets 451,732 97,991 549,723 212,197 Fixed Assets Land, building and equipment (net) 665,981 665,981 550,691 Accumulated depreciation (315,147) (315,147) (256,155) Net Fixed Assets 350,834 - 350,834 2949536 Other Assets Inter -Red Cross receivable -charitable annuities 129,608 129,608 152,856 Inter -Re¢ Croas receivable -other 200 200 17,684 Investments 376,558 376,559 163,132 Deposits - 8,251 506,366 - 506,366. 341,923 TOTAL ASSETS $ 1,308,932_ $ 97,991 S 1,406 923 $ 948,646 LIABILITIES AND NET ASSETS: Current Llablillties Accounts payable $ 88,082 S - $ 88,082 $ 129,398 Accrued payables 39,421 39,421 39,533 Deferred income - 21,908 Inter Red Cross payable - current 48,092 48,082 147,270 Loans payable - current 3,078 3,078 2,645 Capital lease payable - current 26,816 26,916 24,937 Total Current Liabilities 205,479 - _ _ 205,479 365,491 ,k Long -Term Liabilities Loans payable 2,634 2,634 5,940 Capital lease payable 63,523 63,523 911537 Total Lone -Term Liabilities 66,157 - 66,157 97,417 �. TOTAL LIABILITIES 271,636 - 271,636 462,968 NET ASSETS Unrestricted 1,037,296 1,037,296 290,189 Temporarily restricted 97,991 97,991 95,489 TOTAL NET ASSETS 1,037,296 97,991 1,135,287 385,678 24 0 TOTAL LIABILITIES AND NET ASSETS S 1,309,932 S 971991 S 1,406,923 S 848,646 9 61 AMERICAN RED CROSS RIVERSIDE COUNTY CHAPTER STATEMENT OF ACTIVrMS FOR THE .YEAR ENDED JVNE 30, 2004 WrM MUMAMM FNacIAL W01tMATION FOR THE YEAR ENDED XW 30, 2003 2003 L 2004 Totals Teo emery Pum,neady For Comparative Unrestricted Restricted_RestMed Total Purposes Only REVENUES, GAINS, AND OTHER SUPPORT: Public Support Federated fund raising organizations $ 43,218 $ 125,870 S - S 169,088 S 163,623 Mail and other contributions 1,515,200 1,515,200 295,509 Special events, net of cost of direct 45,154 45,154 120,163 Legacies and bequests 135,560 135,560 100,844 Charitable gift annuity 4,048 4,048 8,083 Disaster relief contributions 16,513 143,717 160,230 94,518 Other unrestricted support 65,707 65,707 132,204 Total Public Support 1,8259400 269,587 2,094,987 _ 904,944 Revenue and Gains Community course training fees Program materials ]merest and dividends Rcalized gain (loss) on investments Unrealized gain (loss) on investments Contracts and grants Forgiveness of debt Other revenues Total Revenue and Gains Assets Released From Restrictions Satisfaction of contract restrictions Expiration of time restrictions Total Net Assets Released From Restrictions TOTAL REVENUES, GAINS AND OTHER SUPPORT EXPENSES AND LOSSES Program Expenses Service to Military Families and Veterans Disaster Services Health and Safety Services Youth Community Services Community Services Supporting Services Fund raising Management and general TOTAL EXPENSES AND LOSSES CHANGE IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR 284,219 284,219 337,376 94,206 94,206 139,516 9,098 9,098 10,888 36,673 36,673 (1,015) (5,263) (5,263) (40,165) 192,576 192,576 140,456 - 118,528 47,097 47,097 30,718 658,606 - - 658,606 736,302 148,452 (148,452) - - 118,633 (118,633) - 267,085 (267,085) - 2,751,091 2,502 - 2,753,593 1,641,246 105,763 105,763 55,401 708,401 708,401 806,099 789,824 789,824 930,044 20,040 20,040 39,048 39,048 191,280 196,760 196,760 293,002 144,148 144,148 1311600 2,003,984 - - 2,003,984 2,407,426 747,107 2,502 - 749,609 (766,180) 290,189 95,489 385,678 11151,858 S 1,037,296 S 97,991 $ $1,135,287 S 385,678 A copy of audited financials is available at www.riversidecounty.redcross.org or by sending a 41 request to: Riverside County Chapter, P.O. Box 55040, Riverside, CA 92517-0040. 10 62 Clara Barton Society The Clara Barton Society honors Americans who share Clara's caring and commitment through their generous financial support of the American Red Cross. Chairman's Soclet4,000,000 + Morongo Band of Mission Indians Nen DurantS0AQ,N-PAIN Guidant Foundation United Way of the Inland Valleys Beneactars s25,000 549,999 City of Indian Wells City of Palm Desert Union Bank of California Pacesetters $10,00l0,V41999 Elaine Carman County of Riverside Desert Automotive, LLC Edison International Federated Foundation Guaranty Bank Macy's West James & Frieda Montgomery Robin K. Perdomo Riverside Community Hospital Winifred Shutt WalMart District Office Sponsors $51000 49,999 Anonymous Helen V. Brame C.H.I.S. Capital Pacific Homes Kenneth C. Cokeley Josephine T. Gardner Maxine F. Leckie Regional Access Project Foundation Friends $1,000 • $4,999 Altura Credit Union Pamela A. Anderson Marjorie Arruda Balsamo Enterprises Mr. & Mrs. Ralph Beattie BMW of Riverside C&D Food Management Cham Nhung Cao Peter N. Carlson Douglas L. Chase Creative Ideas Crossroads Christian Church CTR Management Dartmouth ASB McKelevy Daugherty Desert Regional Medical Center Roger W. Dickson Robert & Sherri Easton Helen Everson Mr. & Mrs. Charles Fraser Carolyn Gendron Mr. & Mrs. James Giresto Golden State Smog L. James Grattan & Associates Ruth W. Halpenny R. Ham Mr. & Mrs. Clarence Hanson Erie Holm Karen Hudon Jean Imus C.G. King James Kozik Kent H. Landsburg Jennifer Livingston Brian M. Loew Don & Brenda Lorenzi 63 V/�. .�L+a . 999 Friends $i,000 $4, Jane L. Luke You can help build a stronger community through Mike Marr your investment in the American Red Cross James McMahon Michael Medwick to 2009- 2X4 Karen Moller National RV, Inc. Stu Bailey,* A.C. Nejedly Pacific Western Bank Norte Vista High School Creg Datig,* Mr. & Mrs. James Osborne Chief Dist. Atty., County of Riverside R.L. Clothworthy Construction Kathleen DeRosa, Frank Rechbert Southern California Edison S&J Enterprises, Inc. Tim Evans, Howard Schlundt Riverside Community Health Foundation Douglas Schulz Diane Graff,* Mr. & Mrs. Edwin Simon Inland Empire National Bank Jeffrey Spuhler Karen Hargrove, Hans G. Steinmann Wells Fargo Home Mortgage The Rotary Club of Riverside John Higginbotham,* Troth Street School PTA Best Best & Krieger Viola Vance Anne Hutton, Mr. & Mrs. John Vanderzyl Morongo Band of Mission Indians Dorothy Weber Barry Keyes, Westmar Commerical Brokerage Coastal Inkjet & Recycling Allen Williams Scott Kiner,* Wilson Creek Winery Kiner Communications Shalini Lockard, < Riverside Legal & Professional Center �IF+i+"r of people '�n Brian Loew, !�• 'the '1ehss rs brilliant point ` Regional Park & Open Space District g k �3 Brenda Lorenzi,* f 1Igj�-atapf that l�at ga18XOf lrrdivials; busrnesaes, schools, Inland Empire Magazine Michael Marlatt, Chu�ehes;, synagogues, and Thompson & Colegate VOkrnt9 a soOlat1011S WOrking James McMahon, together to so%ve Pro ems .. • Guidant Corporation Fo�''t09 years that star has Shrine Julie Rosser, an lm there has bSen a ►ieed� Best Best & Krieger an%Whre there rs a need.; And . Wayne Simmons, ..:.. p 9 tads lU �►gz1eS `gi`ll! rOVldln W. Simmons Mattress U htKthIer�d of t�ietun�el, a Dr. Horace Stevens,* Community Hospital h v�.ak x rardl or t auglrfl e'oloudS Parkview W. �. Bus *Executive Committee 4 3 �. 12 64 0 1 ff I l,'Ar r ---T -7 '.A VW 1,'AF F 0-9 11 if j qL 2415 M.- � � V) `0 u x GJ 0 � iv Ed b a� O OD � A con AN U� �aa oil >� Q N O N U U �o as \b V] (14 ai N N tn � .N, cc o U o Cn �U00Cr"-)F A A N a` oo �, ' u�N� $0.46 a M > to R oi:�°�w 67 n American Red Cross Riverside County Chapter FINANCIAL STATEMENTS AND AUDITORS' REPORT FOR THE YEAR ENDED RUNE 30 2004 *fA SMITH MMON & CO. CERTIFIED PUBLIC ACCOUNTW 5 Lr 4 7 w AMERICAN RED CROSS, RIVERSIDE COUNTY CHAPTER FINANCIAL STATEMENTS AND AUDITORS' REPORT FOR THE YEAR ENDED JUNE 30, 2004 TABLE OF CONTENTS FINANCIAL INFORMATION Page Independent Auditors' Report 1 Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 Statement of Functional Expenses 5 Notes to Financial Statements 6-13 FINANCIAL INFORMATION 70 L SmrrH MARION & CO. AN ACCOIEMUNCY CORPORATION 22365 Batton Rnad, Suite 108 Grand Terrace, CA 92313 Telephone 0" 825-6600 Facsimile (909) 825-9900 To the Board of Directors American Red Cross Riverside County Chapter Riverside, CA 92507 INDEPENDENT AUDITORS' REPORT We have audited the accompanying statement of financial position of American Red Cross, Riverside County Chapter as of June 30, 2004, with comparative totals for June 30, 2003, and the related statements of activities, cash flows, and functional expenses for the period then ended with comparative totals for the year ended June 30, 2003. These financial statements are the responsibility of the Chapter's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan ilnd perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes ex mmin _ on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. in our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of American Red Cross, Riverside County Chapter as of June 30, 2004 and the changes in its net assets and its cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America. , /" -.' t e 2'�.- C; August 24, 2004 71 AMERICAN RED CROSS RIVERSIDE COUNTY CHAPTER STATEMENT OF FINANCIAL POSITION JUNE 30, 2004 With Comparative Totals For June 30, 2003 ASSETS: Current Assets Cash and equivalents United Way funding for next year Accounts receivable Other receivables Inventories Total Current Assets Fixed Assets Land, building and equipment (net) Accumulated depreciation Net Fixed Assets Other Assets Inter -Red Cross receivable -charitable annuities Inter -Red Cross receivable -other Investments Deposits TOTAL ASSETS LIABILITIES AND NET ASSETS: Current Liablilities Accounts payable Accrued payables Deferred income Inter Red Cross payable - current Loans payable - current Capital lease payable - current Total Current Liabilities Long -Term Liabilities Loans payable Capital lease payable Total Long -Term Liabilities TOTAL LIABILITIES NET ASSETS Unrestricted Temporarily restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS See notes to financial statements 2004 2003 Totals Temporarily For Comparative Unrestricted Restricted Total Purposes Only $ 392,491 $ 392,491 $ 49,120 - 97,991 97,991 95,489 24,336 24,336 41,623 - 1,000 34,905 34,905 24,955 451,732 97,991 549,723 212,187 665,981 665,981 550,691 (315,147) (315,147) (256,155) 350,834 - 350,834 294,536 129,608 129,608 152,856 200 200 17,684 376,558 376,558 163,132 - 8,251 506,366 506,366.. 341,923 S 1,308,932 $ 97,991 S 1,406,923 $ 848,646 S 88,082 $ - $ 88,082 $ 129,398 39,421 39,421 39,533 - 21,808 48,082 48,082 147,270 3,078 3,078 2,645 26,816 26,816 24,837 205,479 - 205,479 365,491 2,634 2,634 5,940 63,523 63,523 91,537 66,157 - 66,157 97,477 271,636 - 271,636 462,968 1,037,296 1,037,296 290,189 97,991 972991 95,489 1,037,296 97,991 1,135,287 385,678 S 1,308,932 $ 97,991 S 1,406,923 $ 848,646 2 cL- 5 I►7�� AMERICAN RED CROSS RIVERSIDE COUNTY CHAPTER STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2004 WITH SUMMARIZED FINANCIAL INFORMATION FOR TEB YEAR ENDBD JM 30, 2003 2003 2004 Totals Tempomdty Permaoeady For Comparative Unrestricted Rutted Restricted Total Purposes Only REVENUES, GAINS, AND OTHER SUPPORT: Public Support Federated fund raising organizations $ 43,218 $ 125,870 S. - $ 169,088 S 163,623 Mail and other contributions 1,515,200 1,515,200 295,509 Special events, net of cost of direct 45,154 45,154 120,163 Legacies and bequests 135,560 135,560 100,844 Charitable gift annuity 4,048 4,048 8,083 Disaster relief contributions 16,513 143,717 160,230 84,518 Other unrestricted support 65,707 65,707 132,204 Total Public Support 1,825,400 269,587 - 2,094,987 904,944 Revenue and Gains Community course training fees Program materials Interest and dividends Realized gain (loss) on investments Unrealized gain (loss) on investments Contracts and grants Forgiveness of debt Other revenues Total Revenue and Gains Assets Released From Restrictions Satisfaction of contract restrictions Expiration of time restrictions Total Net Assets Released From Restrictions TOTAL REVENUES, GAINS AND OTHER SUPPORT EXPENSES AND LOSSES Program Expenses Service to Military Families and Veterans Disaster Services Health and Safety Services Youth Community Services Community Services Supporting Services Fund raising Management and general TOTAL EXPENSES AND LOSSES CHANGE IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR Sea notes to financial statements 284,219 284,219 337,376 94,206 94,206 139,516 9,098 9,098 10;888 36,673 36,673 (1,015) (5,263) (5,263) (40,165) 192,576 192,576 140,456 - 118,528 47,097 47,097 30,718 658,606 - - 658,606 7360302 148,452 (148,452) - - 118,633 (118,633) - - 267,085 (267,085) - - - 2,751,091 2,502 - 2,753,593 1,641,246 105,763 105,763 55,401 708,401 708,401 806,099 789,824 789,824 930,044 20,040 20,040 39,048 39,048 191,280 196,760 196,760 293,002 144,148 144,148 131,600 2,003,984 - - 2,003,984 2,407,426 747,107 2,502 - 749,609 (766,180) 290,189 95,489 385,678 1,151,858 $ 1,037,296 S 97,991 S - Ll,135,287 S 385,678 3. 052 73 AMERICAN RED CROSS RIVERSIDE COUNTY CHAPTER STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2004 WITH SUMMARIZED FINANCIAL INFORMATION FOR THE YBAR ENDED JUNE 30, 2003 2004 2003 CASH FLOWS FROM OPERATING ACTIVITIES: Change in net assets $ 749,609 $ (766,180) Adjustments to reconcile change in net assets to net cash provided (used) by operating activities: Noneash Items: Depreciation 58,992 77,054 Unrealized (gain) loss on investments 5,263 (2) Unrealized (gain) loss on charitable gift annuities - 40,167 Loss on disposition of equipment - 2,832 (Increase) decrease in: United Way funding for the next year (2,502) 5,408 Accounts receivable 17,287 (7,006) Other receivable 1,000 7,915 Inventories (9,950) 11,708 Prepaid expenses and deposits 8,251 3,043 Inter Red Cross receivable 40,732 7,981 Increase (decrease) in: Accounts payable and accrued expenses (140,204) 78,714 Inter Red Cross payables (412) 99,168 Deferred revenue (21,808) 21,808 NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES 706,258 (417,390) CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of land, building, and equipment (115,290) (108,981) (Increase) Decrease in investments (218,689) 551,567 NET CASH PROVIDED (USED) BY INVESTING ACTIVITIES (333,979) 442,586 CASH FLOWS FROM FINANCING ACTIVITIES: Increase in loans payable - 9,629 Payment on loans and capital leases (28,908) (19,382) NET CASH PROVIDED (USED) BY FINANCING ACTIVITIES (28,908) (9,753) NET INCREASE (DECREASE) IN CASH 343,371 15,443 CASH BALANCE AT BEGINNING OF YEAR CASH BALANCE AT END OF YEAR SUPPLEMENTAL DATA: Interest paid NONCASH INVESTING AND FINANCING TRANSATIONS: Acquisition of equipment under capital leases See notes to financial statements 2 49,120 33,677 S 392,491 S 49,120 $ 6,785 S 8,858 S - $ 63,242 253 74 O M M O V 0 P M 9 -A N O� N V H H e� p� OD �D M N 00 N S.MOMOW wra C`L$v ey,tl�.Y O0o .fir V1 P Vim' NOrv00 aa0 0000 N.N+nN1 � C%aC4 NP.+N V cc V O 04 H oo N O� �p 9 X. P O Q b n n F H ,O O M a �"� r a V1 .N. �+ h M so en .. 00 M '7 N �D O %n < �O M a v o0 0 ry �L e l vL N, a ey eo 0 G .fir a M a M N N a40 h N r 'O y H g fA O •Nr Q N .H.� 00 a `O 00 0� r No M 00 O K i —i el N 0 N M y �O 00 M M r O_ v� M M Na NM a M a r �O al r+ O O O O ar N M .� YL V1 00 OL ' er �D t l Oi O t � r+ N .w H H �O tF M O NN Y 00 a aa%a v1 .+ NO.�haa V O Moo ,qt V1 .+ rL O!. vi l-. Q V VL 00 1 L It n IO Q T 00 Q %G fO go Vl a 'D en O r 00 r O V- M -n H �O O N 00 V1 00 WL 000 b a N 1 OM0 C.(' .. � NO H fA Ih w M .�i h h M O wNi .Ni � is WL cc a N N N M v1 v 0-to M oo O N M a 00�0 M varaooMNOa N a r oo aaooryoo�o�oo�oarLrl N Q N N N O N on O !MV - m Nr M N M Vf raC4 o0 a I .fir N r O Q H r O ••� all tf N �O �O O OTr l� h N 00 lO H CG M r� �O neI000 O o v o e v N 10 y H �O �; a N vL v oo act fA O O 00 a0 r v N M a •+ �O v a a r •+ N O �O of a N cy oo ro r RvLev ry vLM t:v v aLv� .. o %0 00 O YI N n %O O M r N r C h N N O M 00 N a a N y is N h CjeV:7, VO OO � M r M 9 ;L' > H Epp H O t% 00 N O w�4 Lo 75 AMERICAN RED CROSS, RIVERSIDE COUNTY CHAPTER NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Activities The American Red Cross, Riverside County Chapter (Chapter) is a chartered unit of the American National Red Cross, whose responsibility is to provide services within Riverside County. The American National Red Cross holds the not -for -profit status for all chartered units. The Chapter maintains its headquarters in Riverside, California with three regional service centers: Temecula, Palm Desert, and Hemet. The service center located in Hemet, California serves the San Jacinto Valley while the service center located in Palm Desert, California serves the Coachella Valley. The primary service area of the chapter is exposed to many naturally occurring disasters including, but not limited to, fire, flood, and earthquake. Basis of Accounting The Chapter maintains its books on the accrual basis in accordance with generally accepted accounting principles (GAAP) and accordingly reflect all significant receivables, payables, and other liabilities. Revenue Sources Revenues are received primarily from contributions and bequests (66%) and course training fees and program materials (10%). The remaining revenues are from sources such as grants and investment income. Contributions All contributions are considered available for the general programs of the Chapter unless specifically restricted by the donor. The Chapter reports gifts of cash and other assets as restricted support if they are received with donor stipulations that limit the use of the donated assets. When a donor restriction expires, that is when a stipulated time restriction ends and /or the purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Donor restricted contributions are recorded in the temporarily restricted class for restrictions expiring during this fiscal year, and then reclassified to the unrestricted class. Contributions received by the chapter are shared with national headquarters through the annual assessment. The provisions for expiration of restrictions on temporarily restricted net assets were adopted prospectively. Designation of Unrestricted Net Assets It is the policy of the Board of Directors to designate certain unrestricted net assets for a particular use or reserve. Donated Property and Equipment Donations of property and equipment are recorded as contributions at their estimated fair value at the date of the donation. Such donations are reported as increases in unrestricted net assets unless the donor has restricted the donated asset for a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire property and equipment are reported as restricted contributions. Absent donor restrictions when the donated or acquired assets are placed in service as instructed by the donor. The Chapter reclassifies temporarily restricted net assets at that time. Donated Services (Volunteers) The Chapter receives donated services from a variety of unpaid volunteers assisting the Chapter with various program services. No amounts have been recognized in the accompanying statement of activities for recognition of such volunteers. 2155 76 NOTES TO FINANCIAL STATEMENTS (CONTINUED) Donated Assets Donated marketable securities are recorded as contributions at their estimated fair value at the date of donation and are sold immediately. Valuation of Fixed Assets Purchases of land, buildings, and equipment having a unit cost of $2,500 or more and an estimated useful life of more than three years are capitalized at cost. Donated assets recorded at estimated fair value at the time of receipt. Depreciation is computed using the straight-line method over the estimated useful lives of the assets. In the absence of donor -imposed restrictions on the use of the asset, gifts of long-lived assets are reported as unrestricted support. Estimated useful lives range as follows: Estimated life teaory Years Building 45 Building improvements 2045 Leasehold improvements 5-20 Vehicles 5 Furniture, fixtures and equipment 5-10 Investments Investments are recorded at fair value in accordance with SFAS No. 124, Accounting for Certain Investments Held by Not -for -Profit Organizations. Fair value is determined by using quoted market prices, where available. Where not available, the present value of estimated, expected future cash flows or another reasonable method is used. Estimates The preparation of the financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. 'Accordingly, actual results could differ from those estimates. Cash and Cash Equivalents For purposes of the statements of cash flows, the Chapter considers cash and all highly liquid investments available for current use with an initial maturity of three months or less to be cash. Expense Allocation The costs of providing various programs and other activities have been summarized on a functional basis in the Statement of Activities and in the Statement of Functional Expenses. Directly identifiable expenses are charges to relevant program and supporting services. Indirect expenses are allocated to the programs on various bases established by management. Income Taxes The Chapter is included under the exemption granted to the American Red Cross from federal income taxes as a nonprofit organization within Internal Revenue Code section 501(c)(3). The Chapter is exempt from state tax under Revenue and Taxation Code Section 23701(d). The Chapter is classified as other than a private foundation by the Internal Revenue Service. 7 77 NOTES TO FINANCIAL STATEMENTS (CONTINUED) Inventories Supplies inventories purchased for use in program and supporting services are valued at the lower of cost or market based on the first -in, first -out method of inventory flow. 2. PRIOR YEAR SUMMARIZED INFORMATION The financial statements include certain prior -year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Chapter's financial statements for the year ended June 30, 2003. DESCRIPTION OF PROGRAM SERVICES AND SUPPORTING SERVICES The Chapter and its service centers provide the following program services: Service to Military Families and Veterans: Provides communication, counseling and financial assistance to servicemen, veterans and their families. Disaster Services: Encompasses the development and training of disaster reaction teams and the implementation of a community disaster reaction program. Food, clothing, shelter and additional assistance, if needed, are provided to disaster victims. Health and Safety Services: Provide instruction and training in standard and advanced multi -media first aid, cardiopulmonary resuscitation, parenthood preparation, and aging. The Chapterparticipates in county health fairs and sponsors blood pressure clinics parenthood preparation, aging, automatic external defibrillation and water safety instruction. Youth Community Services: Public education, prevention and awareness of family safety issues, disaster preparedness training and mitigation; health education/training for the community The following supporting services are included in the accompanying financial statements: Fund Raisin¢: Provides the structure necessary to encourage and secure private financial support from individuals, foundations, and corporations. Management and General: Includes, but is not limited to the following: functions necessary to maintain an equitable employment program; ensure an adequate working environment; provide coordination and articulation of the Chapter's program strategies and goals; and manage the financial and budgetary responsibilities of the Chapter. . 4. EMPLOYEE BENEFITS Retirement Plan The Chapter participates in a defined benefit retirement plan administered by the Retirement System of the American Red Cross that covers substantially all employees. The Chapter's participation in the Retirement System is voluntary. For funding purposes under the plan, normal pension costs are determined by the projected unit credit method and are funded currently. The plan provides a pension funded by the employer. Voluntary contributions may be made by active members to fund an optional annuity benefit. Defined benefits are based on the member's years of benefit service, age, and final average compensation, which is calculated using the highest consecutive 48 months of the 120 months' service before retirement. 8 257 NOTES TO FINANCIAL STATEMENTS (CONTINUED) The American Red Cross is a single corporate legal entity composed of approximately 1,000 operating units (chapters, blood regions, and the national sector). Accordingly, the Retirement System includes numerous participating chapters and blood regions. It is not practicable for the actuary to compute accumulated and projected benefit obligations for individual chapters or blood regions. Accumulated and projected benefit obligations and other required disclosures for the entire American Red Cross (including all participating chapters, blood regions and the national sector) are presented in the consolidated financial statements ofthe American Red Cross. Employer contributions to the Retirement System for the year ended were $13,787. 5. CONCENTRATION OF CREDIT RISK The Chapter maintains its cash balances at two financial institutions located within Riverside, California. Accounts at each institution are insured by the Federal Deposit Insurance Corporation (FDIC) up to $100,000. The Chapter maintains several money market accounts with various entities. These balances are highly liquid and are reflected as cash for the statement of cash flows. All of these accounts are insured by either Securities Investor Protection Corporation up to $100,000 or by the FDIC up to $100,000. At year end The Chapter had no uninsured money market balances. 6. INVESTMENTS Investments are stated at fair value and consist of the as following: Deposits, CDs and equivalents Broad Market Index Fund Equities Corporate bonds Municipal bonds Investment return is summarized as follows: Interest income Dividend income Net realized gain Net unrealized gain/(loss)-annuities Unrealized Fair Appreciation Cost Value (Depreciation) $ 991 $ 991 $ - 150,000 149,596 (404) 75,974 75,807 (167) 150,000 146,620 (3,380) 3,544 3,544 - $ 380,509 $ 376,558 $ (3,951) $ 8,991 107 36,673 (5,263) $ 40,508 7. INVESTMENT EXPENSES Expenses relating to investment revenues, including custodial fees and investment advisory fees, amounted to $125 and have been recorded on the Statement of Functional Expenses in the category "Other." 0 2w58 79 NOTES TO FINANCIAL STATEMENTS (CONTINUED) 8. COMMITMENTS The chapter has entered into leases for the following sites: Riverside Office The lease period is September 1, 2003 through August 31, 2005. Lease payments are $2,417 per month. Temecula Office The lease period is January 1, 2004 through December 31, 2006. Lease payments are $4,097 per month. Coachella Valley Office The lease period is May 1, 2002 through April 30, 2007. Lease payments are $3,374 per month. Hemet Office This office is sub -leased from the County of Riverside EDA. The lease period began November 2000 and is considered a "month -to -month" lease. Monthly lease payments are $213. Rent expense for all sites for the year amounted to $149,163. Future minimum lease payments are as follows: For the year ending June 30: 2005 $ 118,928 2006 71,816 2007 36,500 S 227,244 9. LAND, BUILDING AND EQUIPMENT The composition of land, building and equipment, and related accumulated depreciation as of June 30, 2004 is as shown below. Land and improvements Building and improvements Leasehold improvements Vehicles Furniture and fixtures Data processing equipment Original Accumulated Net Book Cost Depreciation Value 269,461 (117,941) 151,520 173,048 (70,718) 102,330 102,635 (47,816) 54,819 120,837 (78,672) 42,165 S 665,981 $ (315,147) $ 350,834 Depreciation expense for the year amounted to: 10 $ 58,992 M NOTES TO FINANCIAL STATEMENTS (CONTINUED) 10. SPLIT INTEREST AGREEMENTS The Chapter is the beneficiary under five charitable gift annuities administered by their National Headquarters. The charitable gift annuities' original amounts totaled $464,049 with an estimated net present value to the Chapter of $129,608 as of year-end. Since the National Headquarters will maintain control over these annuities, and the related investments will not be transferred to the Chapter, the accompanying financial statements do not reflect an annuity payment liability or the total investment. On June 18,1997, the Chapter was notified that they are a one -seventh beneficiary of an estimated $11,000,000 perpetual trust held by a third party. Since the trustee has the power to amend the trust document, possibly changing the beneficiary, the income from the trust is recognized upon receipt, as it is an intention to give. The income from this trust for the year ended totaled $43,863. 11. NET ASSETS RELEASED FROM RESTRICTION Net assets were released from donor restrictions by incurring expenses satisfying the restricted purpose or by occurrence of other events specified by the donors: Purpose restrictions accomplished: Contract $ 148,452 Time restrictions expired: Passage of specified time 118,633 $ 267,085 12. TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets are available for the following purposes: United Way receivable $ 97,991 Total $ 97,991 13. RELATED PARTY TRANSACTIONS The Chapter transfers to National Headquarters a portion of certain unrestricted contributions received. The assessment amount that the Chapter is required to transfer to National is determined by National's criteria which is based on the number of earners who live in Riverside County, the amount of earnings, and Chapter's fund raising experience doing the past five years. The chapter paid assessments of $237,056. The National Headquarters has the authority to encumber corporate assets, including assets held by this Chapter. The Chapter purchased from National Headquarters $6,828 of supplies promotional and industrial materials that were sold to the public at a mark-up or used in Chapter operations. 11 260 81 NOTES -TO FINANCIAL STATEMENTS (CONTINUED) In addition, the Chapter purchases various items from other American Red Cross Chapters. The Chapter has arranged to have another American Red Cross Chapter administer the "Service to Military Families" program and to provide after hours disaster assistance. The Chapter paid S 19,004 for these services in the fiscal year end June 30, 2004. The Chapter received $201,041 in National disaster contributions forthe year ended June 30, 2004. The Chapter retained S 10,129 for administrative expenses and made payments to National of $190,887 leaving a balance due at year-end of $25. During the year ended June 30,1997, the Chapter received a bequest of $41,114. Since the last will and testament did not specify the local chapter, only one half was recorded as income to the Chapter and $20,557 was recorded as an inter -Red Cross payable owed to National. This balance of $20,557 is still owed to National at year end. The Chapter received a bequest of $25,000 during the year ended June 30, 1998 for which the beneficiary is uncertain. Due to this uncertainty one half was recorded as income to the Chapter and one-half was recorded as an inter -Red Cross payable owed to National. Also, during the same year the Chapter received another contribution of $5,000 from a trust that did not specify the Chapter as beneficiary. One-half of this contribution has been recorded as an inter -Red Cross payable due to National. The balance of $15,000 is still owed to National at year end. The chapter received three bequests for a total of $25,000, during the year ended June 30, 1999. Since the last will and testaments or trust documents did not specify the local Chapter only one-half was recorded as income to the Chapter and one-half was recorded as an inter -Red Cross payable due to National. This $12,500 is still owed to National at year end. 14. CAPITAL LEASE PAYABLE Leasehold Improvements The Chapter capitalized certain leasehold improvements made during the year that were paid by the landlord. The Chapter has signed a lease agreement to repay the cost of the improvements. The cost and accumulated depreciation for these improvements are included in Leasehold Improvements described in Note 9 — Land, Building and Equipment. The lease agreement specifies an interest rate of 6.523%. Payments began on May 1, 2002 and extend to April 1, 2007 (60 payments). Phone System The Chapter capitalized the leasetpurchase of a phone system. The cost and accumulated depreciation is included in equipment described in Note 9 — Land, Building and Equipment. The lease agreement specifies and interest rate of 9.160%. Payments began on December 26, 2002 and end on December 26, 2007 (60 payments). 12 t61 I NOTES TO FINANCIAL STATEMENTS (CONTINUED) Capital Leases The following is a schedule of the future minimum lease payments as of year end: Phone Leasehold System Total For the year ended June 30: 2005 2006 2007 2008 2009 Total Amount representing interest Present value of future minimum lease payments Current portion Long-term portion Total $ 17,290 $ 15,813 $ 33,093 17,280 15,813 33,093 14,400 15,813 30,213 7,535 7,535 48,960 54,974 103,934 (5,566) (8,029) (13,595) $ 43,394 $ 46,945 $ 90,339 $ 14,808 $ 12,008 $ 26,816 28,586 34,937 63,523 $ 43,394 $ 46,945 $ 90,339 15. LOANS PAYABLE The Chapter purchased a used vehicle and financed the purchase amount of $9,853. The loan requires 42 monthly payments at 8.00%. The following is a schedule of the future maturities of the debt as of year end: For the year ended June 30: 2005 S 3,078 2006 2,634 $ 5,712 Current portion $ 3,078 Long-term portion 2,634 Total $ 5,712 13 83 OW No. tb45-0047 2003 Form 990 Return of Organization Exempt from Income Tax Under section 501(c 527 or a)(I of fire kftmld Rgrlrenw Code (except blelurl , b9ft tit trust a prlvrt� fourtdatlon) Open to Public Department of the Treawry . The organization may have to use a copy of this return to satisy state reporting requirements. Inspection Inthrmal Rwanue Service gran Y A For the 2003 calendar or tax earhiaMnnirm 7/ O 1 2W4 and ends 6/ 3 0 2 0 0 4 B Check if applicable: Address change �w American Red Cross Riverside Name change of County Chapter Va.-sa 6235 River Crest Drive Initial return =ah: Riverside, CA 92507 Final return long. Amended return Application pending a Section 501(co organizations and 4947((a��((''��) nonexampt charitable trustsmust attach a completed .cute A (Form 990 or 990-EZ). G Web site: ',- N/A J Organization ty check onl one .... X 501(c) 3 Insert no.) 4947 a 1 er s27 K Check here "' H if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete ratum. D Emplolrer Wenasessm wehnb.r 95-1644580 E Tderllom tem*w (909) 656-4218 F UrJans LjC11h X Accrual ()OW ( P. H *moll"not aWca6M b WcWn 527-909-0ora. H (a) Is this a group return for affiliates?.... El Yea O No H (b) if 'Y« enter number of affrlid" . ► H (C) Are all affiliatas included?.......... Dee El we 0f Wo,' attach a list. See instructions.) H (d) is this a separain return tried by an ^ oresnizetion covered by a group ruling? 1 1 Ysa I R I we Check ► Hif the organization is ad required L Gross receipts: Add lines 6b, 8b, 9b, and IOb to line 12 1- 2, 771, 960 . I to a� Schedu Form 990990 E4 or 990 PF). e B (, �. .-_ .._ • _ _ r..._J ��I� is _., ha.. ..r,.. N a 71 F'8i[ tI Kevenue r.APVFlb"j e111M Vllerrl va nr --.r•r �. _••_ _�._.•--- --- ---- -- 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ................................................... 1 a 1,844,344. b Indirect public support ........... .:................................ 1b 169,088. c Government contributions (grants) .................. . .................... 1 c 192 576.1 1d 2,206,008. d T.1(a ,r $ 2,176,845. rhoneadh $ 29,163.) ....................... 2 378,282. 2 Program service revenue including government fees and .contracts (from Part VII, line 93) ............... 3 Membership dues and assessments................................................................ 3 4 8,991. 4 Interest on savings and temporary cash investments ................................................. 107. 5 Dividends and interest from securities .............................................................. 5 6a Gross rents........................................................... 1 6a b Less: rental expenses .................................................. I 6b 6c c Net rental income or (loss) (subtract line 6b from line 6a)............................................. 7 R 7 Other investment income (describe ........ 1'* E (A) Other 8a Gross amount from sales of assets other S 63,970. rti 8a w than inventory ....................:............... u E b Less: cost or other basis and sales expenses........ 27 297 . 8b c Gain or (loss) (attach schedule)..... Statement. .1..... 36 673. 8c 8d 36,673. d Net gain or Qoss) (combine line 8c, columns (A) and (B))............................................. from here b--El 9 Special events and activities (attach schedule). If any amount is gaming, check ...... a Gross revenue (not including $ of contributions , reported on line ta).................................................... 9a 67 505.....ro, 9c b Less: direct expenses other than fundraising expenses ................. 9b 22,351. 2 45,154. c Net income or (loss) from special events (subtract line 9b from line 9a)........ ....Statement. 10a Gross sales of inventory, less returns and allowances ..................... 108 ' b Less: cost of goods sold......... 10b �.,� c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a) ............................ 10c 11 47,097. 11 Other revenue (from Part VI I, line 103)............................................................ 12 2,722,312. 12 Total revenue add lines 1d 2, 3, 4, 5, 6c, 7, 8d, 9c IOc, and 11..................................... 13 Program services (from line 44, column(B))........................................................ 13 1,429,368. 14 125,154. E x 14 Management and general (from line 44, column (C)) .. • • • • • • • • • • • • .................. • • ....... • • • • 15 175 862. P E 15 Fundraising (from line 44, column (D))............................................................. . 16 237 056. " s 16 Payments to affiliates (attach schedule) ............................... . See..Sta�tement..3 17 1,967,440. E $ 17 Total expenses add lines 16 and 44,coltxnn A .................................................... 18 Excess or (deficit) for the year (subtract line 17 from line 12) .......................... . ............... 18 7541872. 19 385,678. A a s 19 Net assets or fund balances at beginning of year (from line 73, column (A)) ............................. 20 -5, 263 . E T 20 Other changes in net assets or fund balances (attach explanation) ............... See. .Statement..4 21 1,135,287. c...... eion rxhna� s 21 Net assets or fund balances at end of year combine lines 18 19 and 20 .............................. BAA For Paperwork Reduction Act Notice, see trite sepat'ate ins4nuaorts. rcC.Pvrv.L rvrw.w ---. s✓ t3 84 rm 990 American Red Cross Riverside 95-1644580 Page 2 trt' II Sare cat emer�d for s ofon 50ctio3 al d (4organizations e Ail and section 4947(a)izations must �(j nonexempt charitable trlete column (A). y bu(t optionallffor others. Do not include amounts reported on line 6b, 8b, 9b, 10b, or 16 of Part 1. W Total (8�o�m (CeManand ge� Management (D) Fundraising 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Grants and allocations (aft sch) (cash $ non -cash $ )........ Specific assistance to individuals (attach)........ Benefits paid to or for members (att sch) ........ compensation of officer's, directors, at .......... Other salaries and wages ............... Pension plan contributions .............. Other employee benefits ............... Payroll taxes .......................... Professional fundraising fees :.......... Accounting fees ....................... Legalfees ............................. Supplies .......... ................... Telephone . ............. ............. Postage and shipping .................. occupancy . ...... ................... Equipment rental and maintenance...... Printing and publications ............... Travel ................................. Conferences, conventions, and meetings.......... Interest ............................... Depreciation, depleticA tc(attach sdtedule)...... Other expenses not covered above (itemize): a Inter_ Red Cross exps ._ _ _ b Minor Equipment Pur_c_has_e_ c Miscellaneous- expenses -- d Oth_e_r_f_u_n_dra_isinq relate_ e O_ther Pr_o_fessional Fees--- Total functional expenses (add lines 22 -43 „ etoaltles31u15= (B) �' carryttot$ b in1 22 . 7,425. 50,275. 1,988. 4,424. 9,940. 6 600. 43,186. 1,762. 6,756. 91503. 23 107,097. 107 097. 24 25 26 27 26 29 8 2 5 0 0. 531,482. 13,786. 50,738. 67,607. 68,475. 438 021. 10,036. 39 558 . 48,164. 30 31 28,421. 18,227. 9,375. 819 . 32 33 161,116. 152 750. 21737. 5 629. 34 35 36 185 167. 173 426. 1 336. 10 405. 37 59,797. 55,542. 3 225. 1 030. 38 8,918. 8,077. 65' 776. 39 15,441. 14,017. 275. 1,149. 40 22,533. 20,896. 876. 761. 41 16,128. 13,968 . 2,007. 153. 42 58,992. 48,373. 7,669. 2,950. 43a 959. 895. 64. 43b 9,921. 8 474. 995, 452. 43c 787. 787 43d 1,088. 1,088 . 43e 307 906. 203 372. 21 755. 82 77979. 44 1,730,384.1 1,429,368. 125,154. 175,862. Joint Costs. Check. s"H if you are following SOP 98-2. Are any joint costs from a combined educational campaign and fundraising solicitation reported in (B) Program services?........... 0-Q Yes XQ No If 'Yes,' enter (1) the aggregate amount of these joint costs $ ; (10 the amount allocated to Program services $ ; (Ho the amount allocated to Management and general $ ; and (Iv) the amount allocated to Fundra What is the organization's primary exempt purpose? ► Sge S�atglge_lt 5 - - - - - - - - - - - - - - - - servuee QtaquIred for Sol(o)M and All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of x4f W"niaaions and clients served,_publications issued, etc. Discuss achievements that are not measurable. Section 501(c)(3) & (4) organ• J447p�1) rtrus�; but murraHnns t1 others., ootlona oerars.) a See Statement-6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- -------------- ------------------------------------------------------ (Grants and allocations $ ) b----------------------------------------------- ------- ------------------------------------------------------ ----------------- ------------------------------------- (Grants and allocations $ c------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ Carants and allocations $ ) d----------------------------------------------------- ------------------------------------------------------ ------------------------------------------------------ (Grants and allocations $ ) e Other program services ....................... f Total of Program Service Expenses (should eq SAA 9.368 column (5)Program services) ...................... - t L r =& I, -- . TEEMIOM 10/= Form 990 003) n JEW 85 Form 990 (2003) American Red Cross Riverside 95-1644580 Page 3 Part IV I Balance Sheets (see Instructions) Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. Beginning of year End og year 45 Cash — non -interest -bearing ................................................ 46 savings and temporary cash investments ................................... 49,120. 45 392,491. 108,119. 46 371,049. 47a Accounts receivable ............................ 47a 154,144. b Less: allowance for doubtful accounts ............. 47b 213 163. 47c 154,144. 48a Pledges receivable .............................. 48a 97,991. b Less: allowance for doubtful accounts ............. I 48bi 95,489. 4aci 97,991. 49 49 Grants receivable......................................................... A s E s 50 Receivables from officers, directors, trustees, and key employees (attach schedule) ............................................... 51 a Other notes & loans receivable (attach sch)................ 51 a b Less: allowance for doubtful accounts.............1 51 bj 52 Inventories for sale or use ................................................. 53 Prepaid expenses and deferred charges ..................................... 54 Investments — securities (attach schedule) ............... 10.0 Cost %❑ FMV 50 51 e 24,955. 52 34,905. 53 55,013. 54 5,509. 55a Investments — land, buildings, & equipment: basis. 1 55,1 b Less: accumulated depreciation (attach schedule) ............................... Fs5bF 56 Investments — other (attach schedule) ...................................... 57a Land, buildings, and equipment: basis ............ IF a 665, 981. 53c 56 b Less: accumulated depreciation (attach schedule) ........... Statement .7.... b 315,147 . - 58 Other assets (describe ► ) . 59 Total assets add lines 45 through 58 must equal line 74 .................... 294 536. S7c 350,834. 8,251. 58 848, 646. 59 1,406,923. L A e s 60 Accounts payable and accrued expenses ..................................... 61 Grants payable........................................................... 62 Deferred revenue......................................................... 63 Loans from officers, directors, trustees, and key employees (attach schedule) .................. 64a Tax-exempt bond liabilities (attach schedule) ................................ b Mortgages and other notes payable (attach schedule) ................................... 65 Other liabilities (describe ►. See Statement 8 ) . 66 Total liabilities add lines 60 through462 .................... 196,414. 60 157,397. 61 21 807. 62 63 64a 97,477. 64bi 66,157. 147, 270. 65 48,082. 968 . 66 271,636. Organizations that follow SFAS 117, check here ► X and complete lines 57 .. s through 69 and lines 73 and 74. 67 Unrestricted.............................................................. 68 Temporarily restricted..................................................... 69 Permanently restricted ............................ ... ................... Organizations that do not follow SFAS 117, check here ► and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds ................................ 71 Paid -in or capital surplus, or land, building, and equipment fund ............... 72 Retained earnings, endowment, accumulated income, or other funds ........... 290 189. 67 1,037,296. 95,489. 68 97,991. 69 777 70 71 72 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through 72; column (A) must equal line 19; column (B) must equal line 21)............. 74 Total liabilities and net assetsMsnd balances add lines 66 and 7 ............ 385, 678. 73 1,135,287. 848,646. 74 1,406,923. Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part I II, the organization's programs and accomplishments. SAA #265 TEEA0103L 1011011013 M. n-A n,..- D4ernre+4ric 95-1644580 Page 4 Form M "--WJ IWZL.LVCtll 1%Gu V J-%Of 7 ------ -Part IV -A Reconciliation of Revenue per Audited Financial Statements with Revenue per Return (See instructions.) Part IV-W; Reconciliation of Expenses per Audited Financial Statements with Expenses per Return a Total revenue, gains, and other support per audited financial statements......... ► a 2,753, 593. a Total expenses and losses per audited financial statements ............... ► a 2 003, 984 . b Amounts included on line a but not on line 12, Form 990: b Amounts included on line a but not on line 17, Form 990: (1) Net unrealized gams on investments.... $-5,263. - (1) Donated serv- ices and use of facilities...... $ 36,544. (2) Donated serv- ices and use of facilities ..... $ 36 544. (2) Prior year adjust - menu reported on line20, Form 990.... $ (3) Recoveries of prior year grants ....... $ (3) Losses reported on line 20, Form 990.... $ (4) Other (specify): (4) Other (specify): --------$ Add amounts on lines (1) through (4) ..... ► c Line a minus line b............... ► b 31,281. ---------$ Add amounts on lines (1) through (4) ...... ► c Line a minus line b................ ► b 36,544. c 2,722,312. c 1,967,440. d Amounts included on line 12, Form 990 but not on line a: d Amounts included on line 17, Form 990 but not on line a: (1) Investment expenses not included on line 6b, Form 990.. .. $ (1) Investment etpenses not included on fine 6b, Form 990....... $ (2) Other (specify): (2) Other (specify). --------$ ---------$ Add amounts on lines (1) and (2) .. "'1 d Add mounts on lines (1) and (2)... ► d e Total revenue per line 12, Form 990 (line c plus line ►, Te 2 722....... 312. a Total expenses per line 17, Form ► 990 line c plus line e 1,967,440. Part V I List of Officers, Directors, Trustees and Key Em (B) Title and average hours per week devoted (A) Name and address to position to ees(List each one even if not compensated; (C) Compensation (D) Contributions to (it not paid, employee benefit et W 41-) plans and deferred compensation see instructions.) (E) Expense account and other allowances See Statement 9—_---_—__ --------------------- 82,500. 13,583. 0. --------------------- --------------------- --------------------- --------------------- --------------------- --------------------- ---------------------- - ------------------------------------------ --------------- 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than � $10,000 was provided by the related organizations?..................................................... Yes allo If 'Yes,' attach schedule — see instructions. BAA Form 990 (2003) TEEA0104L 1010M 87 Form 990 (22003) American Red Cross Rive 95-1644580 Page 5 76 Did the organization engage in any activity not previously reported to the IRS? If 'Yes,' attach a detailed description of each activity...................................................................... 77 Were any changes made in the organizing or governing documents but not reported to the IRS? ....................... If 'Yes,' attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of $1,000 or more fixing the year covered by this return. .... b If 'Yes,' has it filed a tax return on Form 990-T for this year? ........................................................ 79 Was there a liquidation, dissolution, termination, or substantial contraction fixing the year? If 'Yes,' attach a statement................................................................................ 80a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc, to any other exempt or nonexempt organization? ............. b If 'Yes,' enter the name of the organization m, American Red Cross_ _ National _ _ _ -------- ---- -- — ----------------------------- and check whether it is �X et or nonexempt. 81 a Enter direct and indirect political expenditures. See line 81 instructions ....................a b Did the organization file Form 1120-POL for this year?.............................................................. 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value?........................ ••••••••••••••••••..................•.....`.""•• b If 'Yes,' you may indicate the value of these items here. Do not include this amount as 82b 36,544. revenue in Part I or as an expense in Part Il. (See instructions in Part III.) .......... 83a Did the organization comply with the public inspection requirements for returns and exemption applications? ... . . ....... . b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? .................... 84a Did the organization solicit any contributions or gifts that were not tax deductible? .................................... b If 'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were nottax deductible................................................ .............................................. 85 501(c)(4), (5), or (6) organizations. a Were substantially all dues nondeductible by members? .......................... b Did the organization make only in-house lobbying expenditures of $2,000 or less? .................................... 1f 'Yes' was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members ................................. 85c N/A d Section 162(e) lobbying and political expenditures ....................................... 86d N/A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices .................... 85* N/A f Taxable amount of lobbying and political expenditures (line 85d less 85e) .................. 85f N/A g Does the organization elect to pay the section 6033(e) tax on the amount on line 85f?.................................. h If section 6033(eX]XA) dues notices were sent, does the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? ........................................... . 86 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on line12........................................................................I.... 86al N/A b Gross receipts, included on line 12, for public use of club facilities ......................... 86b N/A 87 501(c)(12) organizations. Enter: a Gross income from members or shareholders ........... 87a N/A 84a 1 X 84b NIA 85a N A 85b N A bGross income from other sources. (Do not net amounts due or paid to other sources 87b N/A against amounts due or received from them.) .......................................... 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, disregarded as separate from the organization under Regulations sections 301.772 and 301.7701-3? or an entity If'Yes,' complete Part IX................................................................................ X 89a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under: section 4911 ► 0 . ; sec ion 4912 ► 0 . ; section 4955 ► 0 b 501(c)(3) and 501(c)(4) organizations. Did the during the year or did it become aware of an excess organization engage in any section 4958 excess benefit transaction benefit transaction from a prior year? If 'Yes,' attach a statement 89b X explaining each transaction ................ ................................................................... c Enter: Amount of tax imposed on the or�g�n1�iza�icn managers or disqualified persons during the 4912, 4955, and 4958•.......•.................... 0. year under sections ...1............................... 0 . d Enter: Amount of tax on line 89c, above, reimbursed by the organization ...................................... 90 a List the states with which a copy of this ret im is filed 0, Calif ornia _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --------------- 90b 33 b Number of employees employed in the pay period that includes March 12, 2003 (See instructions.) ............. • • • • • • • • 91 The books are in care of ► Lorie Sabatucci Telephone number 0,_(909)_65_6_4218 __--_ --------------------- — Located at ► 6235 River —Crest Drive, Suite D _ _ _ _ _ _ ZIP +4 ► 9250 N/A.. 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form IMI — Check here ......................... and enter the amount of tax-exempt interest received or accrued during the tax year .. 0-1 92 I N/A BAA TEEM105L 12r2 = Form 990 (2003) c., C ) B Form'990 (2008) American Red Cross Ri -1644580 Page 6 Note: otherw 93 a b c d e f 9 94 95 96 W a b 98 99 100 101 102 103 b c d e 104 S See instructions is Y11 1 Anal SIS Ul Inwnly-rlvuaaa.n. .,.......... Ulxelated business income Excluded by section 512 513 or 514 Enter gross amounts unless (A) (13) (C) (D) Related or e indicated. Business code Amount Exclusion code Amount function income Program service revenue: 969 Course Training Fees 51 313. 1 Program Materials 51 13. Medicare/Medicaid payments ........ Fees & contracts from government agencies ... Membership dues and assessments . . Interest on savings & temporary cash invmnts.. 14 8 991 ' Dividends & interest from securities .. 14 Net rental income or (loss) from real estate: debt -financed property ..... ....... . not debt -financed property.......... . Net rental income or (loss) from pens prop... . Other investment income........... . Gain or (loss) from sales of assets 36,673. other than inventory ................ Net income or (loss) from special events ..... 1 45,154. . Gross profit or (loss) from sales of inventory ... . Other revenue: a Miscellaneous Income 23,549. Royalty income 23,548. Subtotal (add columns (B), (D), and (E))..... 54 462,052. 105 Total (add line 104, columns (B), (D), and(E))........................................................ Note: tine 105 ! -Id, _ __ _ _ _ a w _al..e—8 Cv-. m+ Durraneae fQ— inetn irtinnc ) rar a .n.- Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). See Statement 10 Part IX Information Regarding Taxable Subsidiaries and Disregarded Entities see instructions. (A) (B) (C) (D) Name, address, and EIN of corporation, Percentapeof Nature of activities Total End -of -year partnership, or disregarded entity ownership interest income assets N/A $ $ Part X 1.Information RegardinQ i ranSTers ASSOGIaiea Wlin ramonar owtivna a.vrlarwa.aa ooe ntauua uania. a Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? .................. as END b Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? ............ 11 Yes 1XINO Note: If 'Yes' to file Form 8870 and Form 4720 see instructions). Under penanies W I ro tFat t exa .d tltis roam, ne t �y�rg nd s�atemlth, fo t of my knimledge and belief, it is true. correct and piateclero of prep r `outer than officbrS K�ibrtnatan prparer has atty lcrgis Please D L a 8 Sign i re of officer We Here ► n,� e, a.,,�e. �,,,, r•1: n or print name Pre ret s ' p r �ro N. cI B. arion � arer'S Firm's name (or Smith, Marion & Co., CPAuse s youprs if self - Road, Ste Y rdts4 nand Grand TerraceCA10 92313 BAA Deb XT f 2 M s check if C»ni�l�lnshuctari .ree..d 1,P00183686 EIN ► 76-0701500 Plton.no. ► (909) 825-6600 TEEAD106L 1=3103 Form ) t 0 89 105 Total (add line 104, columns (B), (D), and(E))........................................................ Note: tine 105 ! -Id, _ __ _ _ _ a w _al..e—8 Cv-. m+ Durraneae fQ— inetn irtinnc ) rar a .n.- Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). See Statement 10 Part IX Information Regarding Taxable Subsidiaries and Disregarded Entities see instructions. (A) (B) (C) (D) Name, address, and EIN of corporation, Percentapeof Nature of activities Total End -of -year partnership, or disregarded entity ownership interest income assets N/A $ $ Part X 1.Information RegardinQ i ranSTers ASSOGIaiea Wlin ramonar owtivna a.vrlarwa.aa ooe ntauua uania. a Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? .................. as END b Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? ............ 11 Yes 1XINO Note: If 'Yes' to file Form 8870 and Form 4720 see instructions). Under penanies W I ro tFat t exa .d tltis roam, ne t �y�rg nd s�atemlth, fo t of my knimledge and belief, it is true. correct and piateclero of prep r `outer than officbrS K�ibrtnatan prparer has atty lcrgis Please D L a 8 Sign i re of officer We Here ► n,� e, a.,,�e. �,,,, r•1: n or print name Pre ret s ' p r �ro N. cI B. arion � arer'S Firm's name (or Smith, Marion & Co., CPAuse s youprs if self - Road, Ste Y rdts4 nand Grand TerraceCA10 92313 BAA Deb XT f 2 M s check if C»ni�l�lnshuctari .ree..d 1,P00183686 EIN ► 76-0701500 Plton.no. ► (909) 825-6600 TEEAD106L 1=3103 Form ) t 0 89 Part X 1.Information RegardinQ i ranSTers ASSOGIaiea Wlin ramonar owtivna a.vrlarwa.aa ooe ntauua uania. a Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? .................. as END b Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? ............ 11 Yes 1XINO Note: If 'Yes' to file Form 8870 and Form 4720 see instructions). Under penanies W I ro tFat t exa .d tltis roam, ne t �y�rg nd s�atemlth, fo t of my knimledge and belief, it is true. correct and piateclero of prep r `outer than officbrS K�ibrtnatan prparer has atty lcrgis Please D L a 8 Sign i re of officer We Here ► n,� e, a.,,�e. �,,,, r•1: n or print name Pre ret s ' p r �ro N. cI B. arion � arer'S Firm's name (or Smith, Marion & Co., CPAuse s youprs if self - Road, Ste Y rdts4 nand Grand TerraceCA10 92313 BAA Deb XT f 2 M s check if C»ni�l�lnshuctari .ree..d 1,P00183686 EIN ► 76-0701500 Plton.no. ► (909) 825-6600 TEEAD106L 1=3103 Form ) t 0 89 Deb XT f 2 M s check if C»ni�l�lnshuctari .ree..d 1,P00183686 EIN ► 76-0701500 Plton.no. ► (909) 825-6600 TEEAD106L 1=3103 Form ) t 0 89 Organization Exem t Under SCHEDULE A Section 501(c (Form 990 or 990-M (ExcW Private Foundation) and Section 501(e), 501(�, SO7(4 501(n), or Section 4U7(&)V) Nonexempt Chatritabie Trust Supplementary Information — (see separate instructions.) Department of the Treawry a(1OVe or�inl2atlOnS and attached t0 "r Fonn 990 or 99�L intemai Revenue Servias MUST be completed by Name oftneorpnizabw American Red Cross Riverside -_ 195-1644580 2003 `JGG 11 IOU {/\,UV,—uw-1-1—..----._. (a) Name and address of each employee eaid ore than 0 --- ._,_..__. , (b)Title and average hours week P� devoted to position (c) Compensation (d) 0lntributions. to employer benefit plans and deferred ��tim (e) Expense account and other allowances Martin Ayala _______________ Riverside, Ca Dir. Response 50+ 53,500. 0. 0. --------------------------- ------------------------- ------------------------- ------------------------- Total number of other employees paid over $50,000.... ..__. ► 0 ,-,.. . Part 11 Compensation of the Five Highest Paid Independent Contractors for rrotessional ,ensues (See instructions. List each one (whether individuals or firms). If there are none, enter 'None.) (a) Name and address of each independent contractor paid more than $50,000 I (b) Type of seMce I (c) Compensation None ----- —— _ _ ----------------------—— — — — — — — — Total number of others receiving over $50,000 for professional services 0 SAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 and Form 990-EZ Schedule A (Form 990 or 990-EZ) 2003 MEA040111. 0e128a3 069 90 Schedule A(Form 990 or 990 2003 American Red Cross Riverside 95-1644580 Paae 2 Part tii Statements About Activities (See instructions.) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a leoslative matter or referendum? If 'Yes,' enter the total expenses paid or incurred in connection with the lobbying activities ..... I. $ 1 X (Akust equal amounts on line 38, Part VI -A, or line I of Part VI-B.)................................................. Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Older organizations checking 'Yes,' must complete Part VI-B AIVf3 attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary? (if the answer to any question is 'Yes,' attach a detailed statement explaining the transactions.) a Sale, exchange, or leasing of property. ............................................ 2a X b Lending of money or other extension of credit?.................................................................... 2b X c Furnishing of goods, services, or facilities? ............... .......................................... . ..... 2c X See Form 990 Part V d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)? ........................... 2d X e Transfer of any part of its income or assets?...................................................................... .. 3a Do you make grants for scholarships, fellowships, student loans, etc? (If 'Yes ' attach an explanation of how you determine that recipients qualify to receive payments.] .......................... I ............ 3a X b Do you have a section 403(b) annuity plan for your employees?..................................................... 3b X 4 Did you maintain any separate account for participating donors where donors have the right to provide advice on the use or distribution of funds?............................................................................... 4 X Part IV= Reason for Non -Private Foundation Status (See instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 A church, convention of churches, or association of churches. Section 170(b)(1)(A)(). 6 A school. Section 170(b)(1)(A)(ii). (Also complete Part V.) 7 A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(i). 8 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(4). 9 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(ii). Enter the hospital's name, city, and state' ------------------------- 10 An organization operated for the benefit of a colt or university owned ar operated by a governmental unit. Section 170(b)(1)(A)(v). (Also complete the Support Schedule in Part IV -A.) 11 a 0 An organ 1 0(b)(1)(a (v) (Allyn complete the S tial Scih�i its in P)rtTMV A.) governmental unit or from the general public. 11 b ❑ A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 An organization that normally receives: (1) more than 33-113% of Its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc, functions — subject to certain exceptions, and (Z) no more than 33.1/3% of ds supper from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 ❑An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1 lines 5 through 12 above; or (2) section 501(c)(4), , or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See instructions.) ine num (a) Name(s) of supported organization(s) I tLorn aboeber 14 n An organization organized and operated to test for public safety. Section 509(a)(4) (See instructions.) BAA TEEAOW2L 01/19M Schedule A (Form 990 or Form 9%-EZ) 2003 `' 91 American Red Cross Rive -1644580 .. Schedule A (Form 990 chedule (Complete only if you checked a box on line 10, 11, or 12.) Lwtcawhnwftdoficc0un6n9 1,_1-4 ;- +�a ;+.,., GAnC A- —adi►rg from fhe accrual to the cash meyW of accounting. Note: rou may uac ilia wu.nar.cc. u. ` Calendar (or fiscal year ............. -_ ..-.... s -.---- ---- 11 ( ) AD 1999 e Total year beginning In) ......... ,1 2000 15 Gifts., grants, and includeonctributions received. (Do not 992,714. 1,700,482. 1,317,431. 855 551. 4 866 178. unusual ants. See line 28. ... 16 Membership fees received ..... 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to the organization's 627,773. 736,990. 441,395. 3981740, 2 204 906 . charitable, etc purpose ............ 18 Gross income from Interest, dividends. amounts received from payments on securities loans (section 512(ax5)), rents. royalties, and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organ- aatxon after June 30,1975 .......... -30, 292 . 19, 046 . 27,336. 37, 751. 53, 841. 19 Net income from unrelated business activities not included in line 18..... . 20 Tax revenues levied for the organization's benefit and it either paid to or expended on its behalf .................. 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge.... . 22 Other income. Attach a schedule. Do not include gain or (loss) from sale of 12,105. 13,628. capital assets. See. Stmt .11 25,733. 23 Total of lines 15 throw 22..... 1,590,195. 2, 456 518 . 1 , 267 . 1 7 . 905, 930. 24 Line 23 minus line 17.......... 962,422.1 1, 719, 528. 1 356 872. 906 930. 945 752 4 945 752 . 25 Enter I% of line 23............ 15,902.1 24,565.1 17,983.1 13,057 . 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (a), line 24............... 0, 26a 98,915. b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 1999 through 2002 exceeded the amount shown in line Na. Do ad Me this lbt with Your return. Enter the total of all these excess amounts .................................................. . ............ 26b 26e 4,945,752. c Total support for section 509(a)(1) test: Enter line 24, column(e)......................................... d Add: Amounts from column (e) for lines: is 53,841. 19 26d 79,574. 22 25,733. 26b 4 866 178. e Public support (line 25c minus line 25d total)........................................................... � 26e 98.39 % s o..&.rr. .......► .......n+.— Ain. 9AM fnumaratnA dhddad by line 26e fdenominator)i . 0-1 26f 27 Organizations described on line 12: N/A a For amounts included in lines 15, 16, and 17 that were received from a 'disqualified person,pprrepare a list for your records to show the name of, and total amounts received in each year from, each 'disqualified person.' Do not tie this list with your return. Enter the sum of such amounts for each year: (22) --(2D01)------------OR------------(1999)------------- b For any amount included in line 17 that was received from each person (other than 'disqualified persons), prepare a list for your records to show the name of, and amount received for each year that was more than the larger of (1) the amount on line 25 for the year or (2) computing the (Include diffthe erence between the am nizations described received and the in lines 5 through amouas ntt described in (1) (2), enter the ell as indii,vidualls.) . Do not file thissum ist of thth ese differencesour fter (the excess amounts) for each year: - (1999)- - - - - - - - - - - - - c Add: Amounts from column (a) for lines: 15 16 17 20 21 Z7c d Add: Line 27a total ..... and line 27b total.......... . e Public support (line 27c total minus line 27d total) ............................... .. ............. I . f Total support for section 509(a)(2) test: Enter amount from line 23, column (e) ..... 01 Z7f I g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) ....................... . h rnyestm.n+ 19L column %1(numerator, divided by line 27f (denominatod) ......... . 27a� % 28 Unusual Grants: For an organization described -in line 10, 11, or 12 that received any unusual grants during 1999 through 2002, prepare a list for your records to show for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your retum. Do not include these grants in line 15. BAA Schedule A (Form 990 or 990•EZ) 2003 91 , 92 Schedule A Form 990 or 990 2003 American Red Cross Riverside 95-1644580 Page 4 Part v Private School Questionnaire (see instructions.) (To be completed ONLY by schools that checked the box on line 6 in Part M N/A Yes Plo 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? ................................................. 29 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, 30 andscholarships?.............................................................................................. 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program; in a way that makes the policy known to all parts of the general community it serves? ............................................. 31 If 'Yes,' please describe; if 'No,' please explain. (If you need more space, attach a separate statement.) -------------------------------------------------------- --------------------------------------------------------- --------------------------------------------------------- --------------------------------------------------------- 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ........................ 32a b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatorybasis?........................................................................................ 32b c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?............................................................. 32c d Copies of all material used by the organization or on its behalf to solicit contributions? ................................ 32d If you answered 'No' to any of the above, please explain. (If you need more space, attach a separate statement.) --------------------------------------------------------- --------------------------------------------------------- 33 Does the organization discriminate by race in any way with respect to: a Students' rights or privileges? ................................................ ................................... bAdmissions policies?........................................................................................... , c Employment of faculty or administrative staff?..................................................................... 33c d Scholarships or other financial assistance?....................................................................... 33d e Educational policies?........................................................................................... 33e f Use of facilities?............................................................................................... 33f gAthletic programs?............................................................................................. h Other extracurricular activities?.................................................................................. 33h If you answered 'Yes' to any of the above, please explain. (If you need more space, attach a separate statement.) ---------------------------------------------------------- 34a Does the organization receive any financial aid or assistance from a governmental agency? ............................ b Has the organization's right to such aid ever been revoked or suspended? ........................................... s�► If you answered 'Yes' to either 34a or b, please explain using an attached statement. I 1111 I 35 Does the organization certify that it has. sections 4.01 through 4.05 of Rev Proc nondiscrimination? If 'No, attach and BAA ed with the applicable requirements of 1975.2 C.B. 587, covering racial in. TEEA004L 0sne103 .......................... 135 Schedule A (Form 990 or 93 Schedule A(Form 9% or 990-E 2003 American Red Cross Riverside 95-1644580 Page 5 Part VI -A I Lobbying Expenditures by Electing Public Charities (See instructions.) (fo be completed ONLY by an ehgible organization that filed Fort 57W N/A b I I- an affiliated ou Check ► b if checked 'a' and 'limited control' provisions apply. Check ' a if thtion e or anizaa on Limits on Lobbying Expenditures (The term 'expenditures' means amounts paid or incurred.) ( ) Affiliated group totals To be c%m) pleted for ALL electing organizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) ......... 37 Total lobbying expenditures to influence a legislative body (direct lobbying) ........... 38 Total lobbying expenditures (add lines 36 and 37).................................. 39 Other exempt purpose expenditures .............................................. 40 Total exempt purpose expenditures (add lines 38 and 39) ........................... 36 37 38 39 40 41 Lobbying nontaxable amount. Enter the amount from the following table If the amount on line 40 is — The lobbying nontaxable amount is — Not over $500,000................ . ..... 20% of the amount on line 40..... . Over $500,000 but not over $1,000,000........... $100,000 plus 15% of the was over $0,000 Over $1,000,000 but not over $1,500,000.......... $175,000 plus 10% of the was ova $1,000,000 41 Over $1,500,000 but not over $17,000,000......... $n5,000 plus 5% of the excess over $1,500,000 Over$17,000,000....... .......... I.... $1,000,000...................... 42 Grassroots nontaxable amount (enter 25% of line 41) .............................. 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36................. 42 43 1 44 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38................. Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4 -Year Averaging Period Calendar year (or fiscal year beginning m) (a) 2003 (b) 2002 (c) 2001 (d) 2000 (e) Total 45 Lobbying nontaxable amount .............. 46 Lobbying ceiling amount (150% of line 50)) ..... . 47 Total lobbying expenditures ......... 48 Grassroots non- taxable amount ....... 49 Grassroots ceilin amount (150% of line 4 e) 50 Grassroots lobbying expenditures ......... Part VL-_Bj Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that did not complete Part VI -A) (See instructions.) N/A During the year, did the organization attempt to influence national, state or local legislation, including any attempt to influence public opinion on a legislative matter or referendum, through the use of: aVolunteers.................................................................................... b Paid staff or management (Include compensation in expenses reported on lines c through h.).......... c Media advertisements.......................................................................... d Mailings to members, legislators, or the public .................................................... e Publications, or published or broadcast statements ................... . ......... ............... . f Grants to other organizations for lobbying purposes .................. • ............................ . g Direct contact with legislators, their staffs, government officials, or a legislative body .................. h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means .............. i Total lobbying expenditures (add lines c through h.) .............. ............................... . Amount If 'Yes' to any of the above, also attach a statement giving a detailed description of the lobbying activities. BAA Schedule A (Form 990 or 990-EZ) 2003 TEEA0405L OalAW 7 r. 4. . 94 chedule A(Form 990 or 990- 2003 American Red Cross Riverside 95-1644580 page 6 )at't Vlt I Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exem t OraaniiaSons (See instructions) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) _ of the Code (other than section 501(c)M organizations) or in section 527, relating to political organizations? Yes No a Transfers from the reporting organization to a nharitable exempt organization of: orx am X tl)Cash.................................................................................. a i X (i)Other assets.................................................................................... b Other transactions: (i)Sales or exchanges of assets with a noncharitable exempt organization ....................................... b X (II)Purchases of assets from a noncharitable exempt organization ............................................... b X oii)Rental of facilities, equipment, or other assets.............................................................. b f X Qv) Reimbursement arrangements.......................................................................I.... b X (v)Loans or loan guarantees ............................................................................... b X (vi)Performance of services or membership or fundraising solicitations ........................................... b X c Sharing of facilities, equipment, mailing lists, other assets, or paid employees . ............................. • • • • • • • c X If th wer to an of the above is 'Yes 'complete the following schedule. Column (b) should always s wtt he �et�valueu not d the eon, other assets, or services given by the reportior ization. If the orgy ization recery less it m raceiveds Linc7no. (b) Amount involved ` Name of noncharitab el exempt organization Description of transfers, transactions, and sharing arrangements 52a Is the organization directly or indirectly affiliated with, or related to one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(�) or in section 527? ........................... Yes t No BAA TEEA0406L 09/05/03 aLos iauuw n y III .... / --_-- 95 OMB No.1545-0047 Schedule B (FoM , 9or W-a Schedule of Contributors Sul ivnentary information for Department of the Treasury I}M Of Form 890. 990-EZ and 990-PF (am IMt Internal Reverwe Service "�ofemanLw"e" American Red Cross Riverside 2003 E'etplori►WkNoa" .. 5. r 95-1644580 Organization type (check one): Filers of: on: Form 990 or 990-EZ X 501(c)( 3 ) (enter number) organization 4947(a)(1) nonexempt charitable trust not treated as a private foundation 527 political organization Form 990-PF 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation 501(c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special.Rule. Note Only a section 501(c)(7), M, or (10) organization can check box(es) for both the General Rule and a Special Rule - see instructions.) General Rule - For organizations filing Form 990, 990-EZ, or 990-PF that received, during the year, $5,000 or more (in money or property) from any one contributor. (Complete Parts I and 11.) Special Rules - XO For a section 501(c)((33) organization filing Form 990, or Form 990-EZ, that met the 33-1/3%support test of the regulations under sections 509(a)(1)/170(b)(1)(A)(v) and received from any one contributor, during the year, a contribution of the greater of ,000 or 296 of the amount on line 1 of these forms. (Complete Parts I and 11.) For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, aggregate contributions or bequests o more than $1,000 for use exclusive�r for religious charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. (Complete Parts I, 11, and Illy For a section 501(c)(7), (8), or 0(0) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, some contributions for use exclusively for religious, charitable, etc, purposes, but these contributions did not aggregate to more than $1,000. (If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc, purpose. Do not complete any of the Parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc, contributions of $5,000 or more during the year.) .................................... 1� $ Caution: Organizations that are not covered by the General Rule and/or the Special Rules do not file Schedule B (Form 990, 990-EZ, or 990-PF) but they must check the box in the heading of their Form 990, Form 990-EZ or an line 1 of heir Form 990 PF to certify that they do n^f .ascot tho Minn rpnuiraments of Schedule B (Form 990, 990-EZ, or 990-PF). BAA For Paperwork Reduction Act Notice, see the lnsbwdons for Form 990 and Form 990-EL TEEA0701L 12/10/03 5cneauie tts (corm riv, riv r1, W nv r, I \mow"' 2'7 5 to 1 of Part i Schedule B rorm v9u yxl cc •rrLew EmpleyerMOMICsw Name of orpaafalloe Amoriran Red Cross Riverside 95-1644580 of sit 1 1 Contributors (See Specific Instructions.) (b) Name, address, and ZIP + 4 (c) Aggregate (d) Type of contribution (a) Number Morongo Band of Mission Indian______________ contributions Person X 1 Payroll $_-- 1, 000, 000_ Noncash ------------------------- (Complete Part II if there San Bernardino, C.A _ 92404_ _ is a noncash contribution.) (b) Name, address, and Z1P +4 W Aggregate contributions (D Type of contribution (a) Number Person ---------------------------- Payroll $ — Noncash ------------------------------- (Complete Part II if there ------------------------------------ is a noncash contribution.) (b) Name, address, and MP +4 (c) co dribr gatte (0) Type of contribution (a) Number Person — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Payroll _ Noncash (Complete Part II if there ------------------------------------- is a noncash contribution.) (b) (c) (di (a) Number Name, address, and ZIP +4 con tgate ribbuutions Type of contribution Person ----------------------------- Payroll Noncash ------------------------------------ (Complete Partll if there ------------------------------------ is a noncash contribution.) (a) Number (b) Name, address, and MP +4 (c) contrtrilbgu�ons (D Type of contribution Person — — — — — — — — — — — — — — — — — — — — — Payroll __-- $-----____-- Noncash ------------------------------ Complete Part II if there -------------------------------------- is a noncash contribution.) (b) (c) (d) Number Name, address, and DP +4 Aggregate contributions Type of contribution Person ------------------- - - - - - - - - - - - - - - — — -- Payroll $----------- Noncash ------------------------------------ (Complete Part I1,if there — — — — — — — — is a noncash contribution.2 Z 990 DM (2003? BAA TEEA070a 08113103 Schedule B (Form 9W, 990-E , - 76 97 Schedule B (Form 990, 99u-tG, or Nam" of organWNon can Red Cross River of .t 11 None -ash ProwtV (See Specific Instructions.) 1 to 1 of Part 11 EMPMV*r U"nNar:N"n nrtnbor 95-1644580 Description of non%ash Prop�Y g1w (seeInstructions)i os) date (rsceivrad No. ffrrom Part 1 N/A -------------------------------------- ---------------------------------- ------------------------------------ Description of no icash property given FMV (or estimate (see instructions; Date (received NO�from Part 1 _.--------------------------------------- ------------------------------------------ ---------------------------------------- $-------------------- Description of no icash property given FRW (or estimate (see Instructions) Date (received NO. Part 1 ---------------------------------------- --------------------------------------- $ — — — — — — — — — — — — — — — — — — — — No. from Part I Description of no icash prop" given FMV (or estimate (see instructions) Date r(s�ceived ---------------------------------------- ------------------------------------------ ---------------------------------------- ---------------------------------------- $-------------------- (a) No. from Part I ro) Description of nonash property given ` FMV (or estimate (see instructions; Date received ---------------------------------------- ------------------------------------------ - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --------------------- $—--—————— ————————— (a) No. from Part 1 (b) Description of nonash property given ` FMV (orestimate) (see Instnictions) Date received r ---------------------------------------- ---------------------------------------- $ ----------- -------- enn nr.;;nn-A BAA TEEA0703L 08/13/03 scneaae is p'orm 77Ys Saw -cal w aav-r r / %- 277 M Schedule B(Form 990 990-EZ or 990-P Paae1 to 1 of Part 91 Name of orls"b ion i Red Cross Riverside 95-1644580 Exc/us W4,religious, charitable, etc, individual contributions to section 501(c)(7), (8), or (10) organizations aggregating more than $1,000 for the year (complete cols (a) through (a) and the following line entry.) For organizations completing Part III, enter total of exclusively religious, charitable, etc, N/A rnntributions of S1.000 or less for the year. (Enter this information once — see instructions.) ............ $ (a) No. from Part I �) Purpose of gift N/A ----------------- ------------------- (C) Use of gift ------------------- -------------------- `a) Description of how gift Is held --------------------- ----- (e) Transfer of gift Transferee's name, address, and DP + 4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------- ------------- ----------------- (a) No. from Part I (b) Purpose of gift (t) Use of gift (d) Desc ipdon of how gift is hold ------------------- ------------------- I-------------------- -------------------- -------------- -------------- (e) Transfer of gift Transferee's name, address, and DP +4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- ------------------ -------------------- --------------------- — (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ---------------------------------------------------------------- ------------------- -------------------- --------------------- (e) Transfer of gltt Transferee's name, address, and aP +4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- ------------------------- --------------------------- ------------------------- (a) No. from Part 1 (b) Purpose of gift (o) Use of gift (d) Description of how gift Is held ------------------- -------------------- --------------------- (s) Transfer of gift Transferee's name, address, and 23P + 4 Relationship of transferor to transferee ---------------------------------- --------------------------- BAA TEEAGM41 08/13/03 Schedule B (Form 990, 990-a or 9WPF) M03) 'w ! U 2003 Federal Statements American Red Cross Riverside Client 1394 County Chapter 10/12/04 Statement 1 Form 990, Part 1, Line 8 Net Gain (Loss) from Noninventory Sales Publicly Traded Secur> >es Gross Sales Price: 63,970. Cost or Other Basis: 27,297• Total Gain (Loss) Publicly Traded Securities Total Net Gain (Loss) From Noninventory Sales Statement 2 Form 990, Part I, Line 9 Net Income (Loss) from Special Events Page 1 95-1 Less Less Net Gross Contri- Gross Direct Income Spgcial Events Receipts butions RevenueExpenses (Loss) Taste of Italia 30,145. 21,109. 0. 0. 30,145. 21,109. 16,408. 4,106. 13,737. 17,003. Vehicle Donations Play Day 12,310. 0. 12,310. 1,837. 10,473. Other events 3,941. 0. 31941. .0. • 3,941. 45, 15;F Total ,351 Statement 3 Form 990, Part I, Line 16 Payments to Affiliates Name and Address Purpose of PayMent Amount National Red Cross Assessment Annual Assessment $ 237,056. Total Statement 4 Form 990, Part Ir Line 20 Other Changes in Net Assets or Fund Balances Unrealizedloss............................................................................... $ _5 263 . Total 79 2003 Federal Statements Page 2 American Red Cross Riverside 95-1644580 Client 1394 County Chapter 08:09AM 10/12/04 Statement 5 Form 990, Part III. Organizations Primary Exempt Purpose To provide Disaster Services. To help people prevent, prepare for and respond to emergencies. Statement 6 Form 990, Part III, Line a Statement of Program Service Accomplishments Program Grants and Service Descrip�on Allocations Expenses Disaster: The ARC is mandated by Congress to provide relief to victims of disasters: food, clothing, shelter, medical aid, recovery counseling, referrals, and damage assessments. The Riverside Co Chapter respponded to 314 local disasters and provided relief to 1,094 people. Emergency Services The ARC is the primary agency mandated by congress to provide emergency communiication, financial aid and other servicesto military personnel and their families. We provided emergency services to 970 military men women, & families. In addition, the Chapter assisted 19 people in communicating and finding loved ones overseas. Health, Safety & Community Services: Family, Home, and Community Safety are offered to the public and businesses. Certification and training are offered in CPR, first aid, automatic external defibrillators, babysitting, California Child Care, and water safety instruction. The chapter participates in a number of health and safety fairs and offers blood pressure screening and lifeline information to the public. CPR/ First aid Certification: 14,834 people California child Care Certification: 218 people Workplace training: 1,929 people Water Safety Program Cetification: 4,546 people Babysitting training: 62 people Statement 7 Form 990f Part IV, Line 57 Land, Buildings, and Equipment 606,366. 79,884. 685,042. 58,076. Accum. Book Cate_ ry Basis Deprec. Value Automobiles / Transportation Equipment $ 173,048. $ 70,718. $ 102,330. Furniture and Fixtures 102,635. 47,816. 54,819. Machinery and Equipment 120,837. 78,672. 42,165. u 2003 Client 1394 10/12/04 Statement 7 (continued) Form 990r Part IV, Line 57 Land, Buildings, and Equipment Federal Statements American Red Cross Riverside County Chapter Page 3 95-1.644580 Accum. Book Category Basis Denrec. Value Improvements $ 269 461. $ 117 941. $ 1511520. Total 66 1. 1 ,1 Statement 8 Form 990, Part IV, Line 65 Other Liabilities Inter Red Cross Payable ..................................... ........................... $ 48 082. Total Statement 9 Form 990, Part V. List of Officers, Directors, Trustees, and Key Employees Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address per Week Devoted sation EBP & DC Other Scott Kiner Vice Chairman $ 0. $ 0. $ 0. As required Riverside, CA 92507 Stu Bailey Secretary 0. 0. 0. As required La Quinta, CA 92253 Creg Datig Director 0. 0. 0. 2+ Riverside, CA 92503 John Higginbotham HR Chair 0. 0. 0. As required Riverside, CA 92501 Anne Hutton Director 0. 0. 0. As required Banning, CA 92220 Barry Keyes Director 0. 0. 0. As required Palm Springs, CA 92260 Karen S. Hargrove Director 0. 0. 0. As required Riverside, CA 92507 �bl 102 2003 Federal Statements Page 4 American Red Cross Riverside 95-1644580 Client 1394 County Chapter 08:09AM 1011004 Statement 9 (continued) Form 990, Part V List of Officers, Directors, Trustees, and Key Employees Title and Contri- Expense Average Hours Per Week Devoted Compen- sation bution to EBP & DC Account/ Other Name and Address _ $ 0. $ 0• $ 0. _ Kathleen DeRosa Director As required Cathedral City, CA 92234 Tim Evans Director 0. 0. 0. As required Riverisde, CA 92501 Julie Rosser Director 0. 0. 0. As required Indian Wells, CA 92270 Shalini D. Lockard Director 0. 0• 0• As required Riverside, CA 92501 Michael J. Marlatt Director 0. 0. 0. As required Riverside, CA 92505 Wayne Simmons Director 0. 0. 0. As required Palm SPrings, CA 92260 Brenda Lorenzi Chairman 0. 0. 0. 5+ Riverside, CA 92506 James McMahon Director 0. 0. 0. As required Temecula, CA 92591 Leo Giroir Director 0. 0. 0. As required Riverside, CA 92506 Diane Graff Treasurer 0. 0. 0. 5+ Riverside, CA 92506 Brian Loew Vice Chairman 0. 0. 0. 2+ Riverside, CA 92509-6858 Horace C. Stevens Director 0. 0. 0. As required Riverside, CA 92503 2 i[IN 2003 Federal Statements_. Page American Red Cross Riverside 95-16445 Client 1394 County Chapter oa:o9 10/12/04 Statement 9 (continued) Form 990, Part V List of Officers, Directors, Trustees, and Key Employees Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address_ per Week Devoted sation RRP & DC_' Other Pamela Anderson CEO $ 82,500. $ 13,583. $ 0. 50+ Riverside, CA 92507 Total 10. Statement 10 Form 990, Part Vlll Relationship of Activities to the Accomplishment of Exempt Purposes Line # ExBlanatio of Activities 93a93b Revenues from classes and sales of materials to promote the public's awareness of safety and disaster preparedness, which is part of the organizations exempt purpose. 103b Misc. income related to carrying out exempt function 103c Royalties received from carrying out the organization's exempt function Statement 11 Schedule A, Part IV -A, Line 22 Other Income DescriRtion (a) 2002 (b) 2001 (c) 2000 (d) 1999 (e) Total Other income 0. 0. 12,1054 $ 13,628. S 25 1 3. Total $ U.-7 2,1 4 --- 18. 733. a Dale: Jub 24, MW American Nodonaf Red Cross and ra CwhssbusrR C1uP6ers and 8andtss % Nam" Payne all I Gedehoues Road Feb Chubb. VA 22042-1203 ' ogmtnwtt crew Tresawy P. O. fh?ex 2m Ckrdnwq, ON 462D7 Pusan Go Comae* Nkhwd OWN 31-00013 Cuaw sr servloe ltmpieswhfaUva Toll Fier Telephone Number. e 1W &M1&eMhn.arr 87Y42541M Fax Number: tiliia347ad Federal IdenlWas mn Nrsnber: 534"911100d Dmr SIr or Ilfladanm wa halls recshred Your request lbral naflert of you► % lax abtbJs. Cur remrds Indl 1 1- V* lies Amerbm NOW tef Red !'.rase IN aawltpt i M federal h1CC - INK under msedlorh 501(em of the lrhiwrwl Itawtw Cods of 1M0 and is duwdlled as a p 1 ' ftb auppaled oopart6oallon, and not a pNa1s Ibu"W4 beassm it Is deserted In a cbm QWa)(j) and 170(bX1)(aX4 of me Code. Doctors may deduct cw*b ftm b It as provided In secflon 170 of the Code. "ewgw*mdon was teooafia■d W eoampt In Dewmber 19W. Evan tharph the Arrrsrtean i l NOshal Red Close was twrad an Individvsi rsd�, This h0 covers b alrmplers, brsrwFiee, and sutdim"DL The law requiss You to nafae yaw argen sallon's annual return oval" lbr public kwpecllon Wtho A olwps for three yaw* after f m due dole of the relom You can aherpe =* a maommble flee for rsprod =dm and aduef podsps meta for the aopled ahalmAals. The low does not nqudns You to Aw ft aopbs of p Ale hopedton doC wmft 20 we wb* avalimbim, such as by pogft them on the Man, t (VbtM WWs Yau msy be llebls fbr a pwm4i of $20 a day lbir such dsy you do not nidw these doohrasrrthi aveMsble fbr public hgm:ion (up to a rnandmuhn of 410,0W In #w come of an annuli rslurn). If you i m, aw-.- uriat 06 6@16PUmmmumbac AfJb&L. __ ._..... letter. Join E Riciadlb, Olrecbr, TFIGE Cusbntsr Aeoarht aervlees s* Tore. PAM. ei 284 105 ATTACHMENT 7 Twi,p °F 4v,Q" July 1, 2003 ITEM TITLE: Consideration of an Ordinance Amending- La Quinta City Charter and Municipal Code, Chapter 2.04, City Council (Compensation and Reimbursement) AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an ordinance amending Chapter 2.04, City Council, of the La Quinta City Charter and Municipal Code to increase the monthly compensation of the Mayor and City Council by $`1=50.00. FISCAL IMPLICATIONS: This will increase the Mayors and City Council's monthly compensation by $150.00. The action will result in a cost of $10,900.00 for Fiscal Year 2003/04 of which $9,000 is salaries and $1,900 is fringe benefits. CITY CHARTER IMPLICATIONS: The subject of City Council compensation is considered a "municipal affair" over which the City Council has authority. While there are certain regulations in the Government Code relating to city council compensation, they are inapplicable to charter cities since the issue is a "municipal affair." BACKGROUND AND OVERVIEW: Pursuant to Section 2.04.050 of the Municipal Code, the Mayor and the City Council will receive an increase in monthly compensation of One Hundred Fifty Dollars ($150.00). Adoption of the proposed Ordinance would increase the monthly compensation to a total of $650 for the City Council and $1,350 for the Mayor. Attached for your information (Attachment 1) is a redline copy of Chapter 2:04, City Council, of the La Quinta City Charter and Municipal Code. 106 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council. include: 1. Approve an ordinance amending Chapter 2.04, City Council, of the La Quinta City Charter and Municipal Code to increase the monthly compensation of the Mayor and City Council by $150.00; or 2. Do not approve an ordinance amending Chapter 2.04, City Council, of the La Quinta Charter and Municipal Code to increase the monthly compensation of the Mayor and City Council by $150.00; or 3. Provide staff with alternative direction. Respectfully submitted, *Auiz, a sonn isk .Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Redline copy of Chapter 2.04, City Council, La Quinta City Charter and Municipal Code . 2 107 RED -LINED COPY OF CHAPTER 2.04.50 LA QUINTA CITY CHARTER AND MUNICIPAL CODE 2.04.050 Compensation and reimbursement. Compensation shall be paid to each member of the city council in the amount of six hundred fifty dollars per month. The mayor shall receive additional compensation in the amount of seven.hundred dollars per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city. In recognition that on a daily basis members of the council are incurring expenses for automobile use, phone use and other costs in performing these official functions, an amount equal to three hundred fifty dollars per month shall be deemed equivalent to the actual and necessary use reimbursement for the mayor and the council members representing regular expenses incurred in the Coachella Valley. Further, in the event a council member or the mayor wishes to utilize a personal mobile phone rather than a city -issued mobile phone, an additional reimbursement amount of twenty-five dollars shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, said costs. shall be reimbursed according to the city's adopted policy for such expenditures.. The reimbursement amounts herein shall be effective from July 1, 1999. (Ord. 335 § 2, 2000: Ord. 322 § 2, 1998: Ord. 231 § 1, 1993: Ord. 100 § 1, 1986: Ord. 83 § 1, 1985: Ord. 36 § 1, 1983: Ord, 11 § 1, 1982: Ord. 2 § 1 (part), 1982) 3 108 CALIFORNIA STATE UDNNVERSITY SAN BERNARO. Palm Desert Campus January 28, 2005 Donald Adolph Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 ATTACHMENT 8 37-50o Cook Street, Palm .9221 (760) 341-2883• 19090*10111� OF INTENT FOR CAPITAL SUPPORT GRANT LETTER The. Coachella Valley is home to the Palm Desert Campus of California State University, San Bernardino. Since its opening in 1986 in temporary buildings on the College of the Desert Campus, approximately 1,800 students have completed degree programs. Current enrollment on the new permanent site for the campus on Cook Street in Palm Desert is approaching 1,000 students.. Of the campus graduates, approximately 319 live ,in La Quinta and 83 students from La Quinta are currently enrolled. The average age of our students is 34 and approximately 80%" are women. Most would not leave the Valley to pursue a college education. The Palm Desert Campus provides undergraduate and graduate programs for Valley needs. One Valley need the campus is beginning to address is nursing education. The University began offering- an "R.N. to B.S.N." program in September, 2004, supported by the three local hospitals. Due to limited space, this program is initially limited to 20 students. The University recognizes that this program Will not add to the Valley's total number of R.N.'s, however, the program will increase the te professionalism of its students, expand their skills, and help retain them in the Valley. The University could expand its programming if it had more physical space. The University has proposed a 23,000 square foot new building on campus to house faculty and staff and classrooms and laboratories for nursing and health science programs, including the University's highly regarded program in autism. The estimated construction -cost is $11.2 million. The University is seeking a $1,000,000 grant from the City of La Quinta toward the construction of this building. With the construction of the proposed health sciences building, the University would be able to consolidate its current programs in nursing and autism and expand its programming to include a Master's degree in nursing education and offer, with cooperation of the College of the Desert, a four-year B.S.N. program on campus. Such a program would recruit students who have the objective of obtaining a B:S degree and who are currently leaving the Valley rather than enrolling in the community college. I have attached a draft donation agreement to show how this could be done. Personally, I would very much like to see the La Quinta name on the campus for having helped build the deserts. own University. Cordially, y' 2 2ot 87 'l�9 ATTACHMENT 9. June 20, 2005 Staff Outline for 2009/2006 Preliminary Budget City Manager - 5 minutes • Summary of Financial Condition Summary of Preliminary Budget • Summary of Revenues 1. Expenditures 2. Review Items Listed on Transmittal Letter Finance Director - 15 minutes • A-2 - Review of budget process • A-5 - Review of budget format • B-1 - Present Organizational Chart • B-7 - Review of community profile which compares changes in the categories listed. • B-3 - Present General Fund Revenue Pie Chart which shows percentages. Mention that Pages D-1 through D-5 graph major revenue items and we are prepared to go over them if requested. • B.4 - Present General Fund Operating Expenditures Pie Chart - not net of reimbursement. This indicates in what areas the City is directing its efforts: • B-5 - Present City, RDA, Financing Authority expenditures by component - this is how each dollar of total expenditures is broken down. • C-1 - Review of the Budget Summary by Fund which brings together the financial activities of all the City, RDA and Financing Authority Funds. �33 110 • C-5 - Review of reimbursements to the General fund from other funds - other funds pay for personnel and operating expenditures that are recorded in the General Fund. • Section E - Explanation of Department by Department overviews of City operations • E-8 & E-9 - Explanation of format of the two budget documents which are tied together by the schedule of expenditures schedules. As an example, pages E-8 and E-9 are contained in each budget document. • H-1 & H-2 - Review of the City capital improvements approved by the Council in the Five Year Capital Improvement Plan. Question & Answer Period 33 111 ATTACHMENT 10 to O C 7 7 M C m c EE m c E m U m cu �4)CL Omom 0)Z o m m c �n o wa m U E C U 7 n 7 U E m a E m p - m m w c)c w. I- m c m U w 0) T C (D m m je CO ' c ` 0 O c C > Q m .co2 O > F � U D) m c C E- CO Q m (O _ O O m C V U m O (0 c4=- c N c'(a c 2 mmm m0 mQ U c C 2 C 2 C F3 I - m m m m m m 0 0 0 0 0 `o `o Mto Q O •B 'a 'a N `---0 te C c C c C C CU LLLL N LL LL Li Li Li Li - N M V t0 P- co to O O U) c0 CD C, � to l N -Of` tq0 O cc a00�((0 10 m co OD tO t!) — M.O• N tn- t0 co cc6 (00 NN�V �0 I� C. c0 t0 UN `R (O V'_ � l0 N 000 ({� 69 . 6q 69 69 69 69 69 69 69 69 to (p - O O It O (D I O O co N 1-0) t0 11 r- d• 'ITO N r" to • c c0 N a0 a-- Oct00 O O O N M M O O 00 o -I M co CO IO LO I- 00O t0 ' c-- O LO c0 M (0 - - >. T` n O CM (V O O M LL -O co N r- CV 00 - N 69 69 (A Efl 69 69 69 69 69 EA 69 Efl m O m M O t0 m c0 It (0 co r CD M ti LL (t`0 c0 N -(� 0�0 V_ N a0 Oc N _ O M LO (0 CO o o rt ti ti aD 0 O O) O (0 c� (OM It ti � (0 t0 V) I 0 0) 000 n >- CM co O t` ('M t` N c Nit0 P- LL N N N N69 N ti f U)04fl N (p 69 (A 69 - 691 E J , U 6 z 0 � m U "> = m to m - o c' (D )CO _ C N o y N > a)CL 7 a) LL. N (DX U C ..'0 C N m m X c0 c > w W c 0. c m ofLL Z c c c m 3 lL m m > m X m m � m c v a m m W C v 4: m N C 0 m - d •U m m O - O "U rn m vm) m Cw 3 CO � u) a VI m"m0 Lo. 0 c �Lm a (D c� Q N cxu o (D U a min in wa on LLQ = E Q o oa c rz p U o c c o o D m '° m `�° LL LL m o o to z v J f6"c ��'am L? ca a `�� . Z�"acQ Wti mmm0 c gym- c dti momc m a m p� W LL �U(.9� O m m �NUti m U —mi 4' Q H U 2 U) S W Q U` (n 2 �J (� 112 ATTACHMENT 4 City of La Quinta Resource Allocation Plan Revenue/Expenditure Summary Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 Operations Expenditures 31,621,648 33,352,001 35,039,596 37,054,040 38,912,332 41,368,509 TOTAL OPERATIONS EXP 31,621,648 33,352,001 35,039,596 37,054,040 38,912,332 41,368,509 Less: General Fund Revenues 27,456,343 28,848,538 30,138,897 31,513,659 32,731,206 33,649,050 Sub -Total Variance 4,165,305 4,503,463 4,900,699 (5,540,381) (6,181,126 7,719,459 Less: Reimbursements Gas Tax Fund Lighting & Landscaping Civic Center Developer Impact Fee Capital Improvement Fund Library Fund RDA Reimbursements to General Fund 583,800 842,200 204,173 213,606 843,605 1,373,700 604,200 842,200 204,173 213,606 843,605 1,373,700 625,300 842,200 204,173 213,606 843,605 1,373,700 647,200 842,200 204,173 213,606 843,605 1,373,700 669,900 842,200 204,173 213,606 843,605 1,373,700 693,300 842,200 204,173 213,606 843,605 1,373,700 Total Reimbursements 4,061,084 4,081,484 4,102,584 4,124,484 4,147,184 4,170,584 Transfers In CDBG Indian Gaming COPS & LLEBG Grants 30,000 201,142 101,400 30,000 180,000 0 30,000 180,000 0 30,000 180,000 0 30,000 0 0 30,000 0 0 332,542 210,000 210,000 210,000 30,000 30,000 Total Transfers Out Police/Fire CIP SilverRock Total 2,000 223,454 200,000 2,000 223,454 0 2,000 223,454 0 2,000 223,454 0 2,000 223,454 0 2,000 223,454 1 0 425,454 225,454 225,454 225,454 225,454 225,454 Application of reserves - CSUSB - Palm Deser 250,000 250,000 250,000 250,000 TOTAL VARIANCE 52,867 j (187,433) (563,569) (1,181,351) (2,229,396) (3,744,329) 113 City of La Quinta Resource Allocation plan Revenue Summary Five Year Forecast Five Year Estimate 2008-09 1 2009-1 C Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Sales Tax Reimbursement Transient Occupancy Tax Franchise Tax TOTAL TAXES 1,167,900 1,545,000 797,800 5,256,000 1,752,000 4,108,100 916,200 1 1,238,000 1,591,400 821,700 5,518,800 1,839,600 4,724,300 957,400 1 1,275,100 1,639,100 846,400 5,794,700 1,931,600 5,196,700 1,000,500 1 1,313,400 1,688,300 871,800 6,084,400 2,028,200 5,716,400 1,045.500 1 1,352,800 1,738,900 898,000 6,388,600 2,129,600 6,288,000 1,092,500 1 1,393,400 1,791,100 924,900 6,708,000 2,236,100 6,916,800 1,141,700 15,543,000 16,691,200 17,684,100 18,748,000 19,888,400 21,112,00( E & PERMITS Business License 274,100 274,100 274,100 274,100 274,100 274,100 Animal License 14,800 14,800 14,800 14,800 14,800 14,800 Building Permits 493,800 493,800 493,800 493,800 493,800 493,800 Plumbing Permits 84,400 84,400 84,400 84,400 84,400 84,400 Electrical Permits 85,000 85,000 85,000 85,000 85,000 85,000 Mechanical Permits 43,100 43,100 43,100 43,100 43,100 43,100 11,800 11,800 11,800 11,800 11,800 11,800 Misc. Permits 42,200 1 42,200 1 42,200 42,200 42,200 42,200 1,049,200 1,049,200 1,049,200 1,049,200 1,049,200 1,049,20i TOTAL LICENSES & PERMITS FEES General Government Fees Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES 15,100 252,600 532,100 222,400 584,400 15,100 252,600 532,100 222,400 601,900 15,100 252,600 532,100 222,400 620,000 15,100 252,600 532,100 222,400 638,600 15,100 252,600 532,100 222,400 657,800 15,100 252,600 532,100 222,400 677,500 1,606,600_ 1,624,100 1,642,200 1,660,800 1,680,000 1,699,700 DVERNMENTAL Motor Vehicle In -Lieu Off Hwy Vehicle License Motor Vehicle Code Fines Parking Violations Misc Fines AB939 CSA152 FEMAI DES Grant Historical Preservation Grant 1,726,200 0 94,000 27,700 46,900 89,350 174,200 0 0 1,778,000 0 94,000 27,700 46,900 89,350 174,200 0 0 1,831,300 0 94,000 27,700 46,900 89,350 174,200 0 0 1,886,200 0 94,000 27,700 46,900 89,350 174,200 0 0 1,942,800 0 94,000 27,700 46.900 89,350 174,200 0 0 2,001,100 0 94,000 27,700 46,900 89,350 174,200 0 0 CVAQ Revenue State Grants County Fire Service Credit County Fire Service Credit Applied TOTAL INTERGOVERNMENTAL 0 8,600 3,969,893 368,000 0 0 4,089,000 1 432,188 0 0 4,211,700 1 535,547 0 0 4,338,100 646,509 0 0 4,468,200 1 517,756 0 0 4,602,200 0 6,504,843 6,731,338 7,010,697 7,302,959 7,360,906 7,035,450 �T 2.747.400 2.747.400 1 2,747.400 2,747,400 1 2,747,400 2,747,400 I MISC ELLANEOUS GENERALFUND Summary of General Fund Revenues TAXES 15,543,000 16,691,200 17,684,100 18,748,000 19,888,400 21,112,000 LICENSE & PERMITS 1,049,200 1,049,200 1,049,200 1,049,200 1,049,200 1,049,200 FEES 1,606,600 1,624,100 1,642,200 1,660,800 1,680,000 1,699,700 INTERGOVERNMENTAL 6,504,843 6,731,338 7,010,697 7,302,959 7,360,906 7,035,450 iNTF:RFST 2,747,400 2,747,400 2,747,400 2,747,400 2,747,400 2,747,400 GENERALFUND 2'92 GOVERNMENT: LEGISLATIVE CITY MANAGER'S OFFICE ECONOMIC DEVELOPMENT PERSONNEURISK MGT TOTAL GENERAL GOVERNMENT CITY CLERK COMMUNITY SERVICES PARKS & RECREATION ADMIN SENIOR CENTER PARKS & RECREATION PROGRAMS LIBRARY TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES CENTRAL SERVICES TOTAL FINANCE BUILDING & SAFETY: BUILDING & SAFETY - ADMIN BUILDING CODE COMPLIANCE ANIMAL CONTROL CIVIC CENTER BUILDING-OPER TOTAL BUILDING & SAFETY PUBLIC SAFETY POLICE FIRE EMERGENCY SERVICES TOTAL PUBLIC SAFETY City of La Quinta Resource Allocation Plan Operations Expense Summary By Program Five Year Forecast Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 779,903 802,500 825,800 849,900 874,700 900,300 1,027,318 1,076,300 1,127, 800 1,181, 800 1,238,400 1,297,700 1,139,368 1,173,500 1,208,700 1,245,000 1,032,400 1,070,900 971,409 1,005, 600 1,041,100 1,077,800 1 1,115,900 1 1,155, 500 607 919,692 I 907,400 I 943,000 I 980,100 11,018,800 11,059,200 372,661 387,600 403,200 419,400 436,300 454,000 148,610 154,600 160,800 167,400 174,300 181,400 741,178 775,900 812,400 1 850,600 890,700 932,700 391,042 402,800 414,900 427,300 440,100 453,300 1.132.220 1,178,700 1,227,300 1 1,277,900 1,330,800 1,386,000 343,081 359,600 376,800 394,900 413,900 433,800 951,179 993,200 1,037,300 1,083,300 1,131,500 1,181,900 660,374 690,900 722,800 756,300 791,400 828,100 395,986 413,000 430,900 449,500 468,900 489,200 1,024,190 1,046,100 1,079,200 1,112,500 1,146,900 1,182,500 1 q�A Q,n z anq nnn a adz nnn 3796.500 3.952.600 4,115,500 7,988,288 1 8,858,713 9,551,649 10,529,231 1 11,555,693 12,883,478 4,337,893 1 4,521,188 4,747,247 4,984,609 5,233,839 5,495,531 33.650 34.700 1 35,700 1 36,800 37,900 39,000 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 784,772 816,100 850,900 887,200 925,100 1 964,700 PLANNING TOTAL COMMUNITY DEVELOPMENT 689,052 719,900 752,200 786,000 821,500 858,600 1,473,824 1,536,000 1,603,100 1,673,200 1,746,600 1,823,300 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 315,854 330,100 345,100 360,900 377,300 394,500 DEVELOPMENT & TRAFFIC 1,041,863 1,088,200 1,136,600 1,187,300 1,240,400 1,295,900 CONSTRUCTION MAINT/OPERATIONS - STREETS 661,417 1,723,353 686,000 1,788,500 714,700 1,856,300 744,700 1,926,900 776,100 2,000,300 808,900 2,076,600 MAINT/OPERATIONS - LTG/LANDSCAPI 1,831,880 1,888,800 1,947,400 2,007,900 2,070,300 2,134,700 PARKS MAINTENANCE TOTAL PUBLIC WORKS 973,651 1 1,006.400 1,040,300 1,075,400 1,111,800 1,149,400 6,548,018 6,788,000 7,040,400 7,303,100 7,576,200 7,860,000 TOTAL GENERAL FUND OPERATING EXP 31,621,648 33,352,001 35,039,596 37,054,040 38,912,332 41,368,509 TRANSFERS OUT 425,454 225,454 225,454 225,454 225,454 225,454 GENERAL FUND REIMBURSEMENTS (4,061,084) (4,081,484) (4,102,584) (4,124,484) (4,147,184) (4,170,584) NET GENERAL FUND EXPENDITURES 27,986,018 1 29,495,971 31,162,466 33,155,010 1 34,990,602 1 37,423,379 2.93 115 City of La Quinta Resource Allocation Plan Personnel Allocation Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 GENERAL GOVERNMENT: LEGISLATIVE 0.00 0 0 0 0 0 CITY MANAGER'S OFFICE 7.50 7.5 7.5 7.5 7.5 7.5 ECONOMIC DEVELOPMENT 0.00 0 0 0 0 0 PERSONNEL/RISK MGT 1.50 1.5 1.5 1.5 1.5 1.5 9.00 9 9 9 9 9 TOTAL GENERAL GOVERNMENT CITY CLERK 5.00 5 5 5 5 5 COMMUNITY SERVICES COMMUNITY SERVICE - ADMIN 5.00 5 5 5 5 5 SENIOR CENTER 3.00 3 3 3 3 3 PARKS & RECREATION PROGRAMS 1.00 1 1 1 1 1 9.00 9 9 9 9 9 TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 8.00 8 8 8 8 8 CENTRAL SERVICES 0.00 0 0 0 0 0 8.00 8 8 8 8 8 TOTAL FINANCE BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 3.00 3 3 3 3 3 CODE COMPLIANCE 8.00 8 8 8 8 8 ANIMAL CONTROL 2.50 2.5 2.5 2.5 2.5 2.5 BUILDING 6.50 6.5 6.5 6.5 6.5 6.5 EMERGENCY SERVICES 0.00 0 0 0 0 0 CIVIC CENTER BUILDING-OPER 1.00 1 1 1 1 1 1 21.00 21 21 21 21 21 TOTAL BUILDING & SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 4.00 4 4 4 4 4 PLANNING 5.00 5 5 5 5 5 9.00 9 9 9 9 9 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 2.00 2 2 2 2 2 DEVELOPMENT & TRAFFIC 7.50 7.5 7.5 7.5 7.5 7.5 CONSTRUCTION 3.50 3.5 3.5 3.5 3.5 3.5 MAINTIOPERATIONS - STREETS 9.50 9.5 9.5 9.5 9.5 9.5 MAINT/OPERATIONS - LTG/LANDSCAPIN 1.00 1 1 1 1 1 MAINT/OPERATIONS - PARKS MAINT 2.00 2 2 2 2 2 SILVERROCK GOLF #REF! #REF! #REF! #REF! #REF! #REF! #REF! #REFI #REF! #REF! #REF! #REF! TOTAL PUBLIC WORKS TOTAL - CITY PERSONNEL #REF! #REF! #REF! #REF! #REF! #REF! POLICE FIRE TOTAL - CONTRACT PERSONNEL 41.00 22.00 43 22 44 22 46 22 48 22 51 22 63.00 65.00 66.00 68.00 70.00 73.00 GRAND TOTAL #REF! #REF! #REF! #REF! I #REF! I #REF! 4 116 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 GENERAL GOVERNMENT: LEGISLATIVE Salaries Benefits 59,400 48,400 59,400 50,800 59,400 53,300 59,400 56,000 .59,400 58,800 59,400 61,700 Services & Supplies 672,103 692,300 713,100 734,500 756,500 779,200 Equipment 0 0 0 0 0 0 Total 779,903 802,500 825,800 849,900 874,700 900,300 Positions Total 0 0 0 1 0 0 0 �95 117 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 GENERAL GOVERNMENT: CITY MANAGER Salaries Benefits Services & Supplies Equipment 648,800 262,500 116,018 0 681,200 275,600 119,500 0 715,300 289,400 123,100 0 751,100 303,900 126,800 0 788,700 319,100 130,600 0 828,100 335,100 134,500 0 Total 1,027,318 1,076,300 1,127,800 1,181,800 1,238,400 1,297,700 Positions City Manager Assistant City Manager Management Analyst Management Analyst Management Analyst Management Assistant Executive Assistant 1 1 1 1 1 1 1.5 1 1 1 1 1 1 1.5 1 1 1 1 1 1 1.5 1 1 1 1 1 1 1.5 1 1 1 1 1 1 1.5 1 1 1 1 1 1 1.5 Total 7.5 7.5 7.5 7.5 7.5 7.5 118 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 GENERAL GOVERNMENT: ECONOMIC DEVELOPMENT Salaries Benefits Services & Supplies Equipment 0 0 1,139,368 0 0 0 1,173,500 0 0 0 1,208,700 0 0 0 1,245,000 0 0 0 1,282,400 0 0 0 1,320,900 0 Total 1,139,368 1,173,500 1,208,700 1,245,000 1,282,400 1,320,900 Positions Total 0 1 0 1 0 0 0 0 17 119 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 GENERAL GOVERNMENT: PERSONNEURISK MGT Salaries Benefits Services & Supplies Equipment 200,300 50,750 720,359 0 210,300 53,300 742,000 0 220,800 56,000 764,300 0 231,800 58,800 787,200 0 243,400 61,700 810,800 0 255,600 64,800 835,100 0 Total 971,409 1,005,600 1,041,100 1,077,800 1,115,900 1,155,500 Positions Personnel/Risk Manager 1 1 1 1 1 1 Executive Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Total 1.5:d--:: 1.5 1.5 1.5 1.5 1.5 120 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 CITY CLERK CITY CLERK Salaries Benefits 293,400 136,800 308,100 143,600 323,500 150,800 339,700 158,300 356,700 166,200 374,500 174,500 Services & Supplies 100,179 103,200 106,300 109,500 112,800 116,200 Equipment 0 0 0 0 0 0 Total 530,379 554,900 580,600 607,500 635,700 665,200 Positions City Clerk Deputy City Clerk Secretary 1 2 1 1 2 1 1 2 1 1 2 1 1 2 1 1 2 1 Office Assistant 1 1 1 1 1 1 Total 5 5 5 5 5 5 121 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 COMMUNITY SERVICE ADMINISTRATION Salaries Benefits 272,500 128,300 286,100 134,700 300,400 141,400 315,400 148,500 331,200 155,900 347,800 163,700 Services & Supplies 472,392 486,600 501,200 516,200 531,700 547,700 Equipment 46,500 0 0 0 0 0 Total 919,692 907,400 943,000 980,100 1,018,800 1059200 Positions Community Services Director 1 1 1 1 1 1 Recreation Supervisor 1 1 1 1 1 1 Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Secretary Office Assistant 1 1 1 1 1 1 1 1 1 1 1 1 Total 5 5 5 5 5 5 ..i J 122 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 COMMUNITY SERVICE SENIOR CENTER Salaries 119,500 125,500 131,800 138,400 145,300 152,600 Benefits Services & Supplies 66,700 186,461 70,000 192,100 73,500 197,900 77,200 203,800 81,100 209,900 85,200 216,200 Equipment 0 0 0 0 0 0 Total 372,661 387,600 403,200 419,400 436,300 454,000 Positions Recreation Supervisor 1 1 1 1 1 1 Senior Ctr Activities Coord 1 1 1 1 1 1 Senior Center Assistant 1 1 1 1 1 1 Total 3 3 3 3 3 3 123 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 COMMUNITY SERVICE PARK & RECREATION Salaries Benefits Services & Supplies Equipment 55,900 23,450 69,260 0 58,700 24,600 71,300 0 61,600 25,800 73,400 0 64,700 27,100 75,600 0 67,900 28,500 77,900 0 71,300 29,900 80,200 0 Total 148,610 154,600 160,800 167,400 174,300 181,400 Positions Recreation Supervisor Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Total 1 1 1 1 1 1 Lj 4. 124 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 COMMUNITY SERVICE LIBRARY Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 813,605 838,000 863,100 889,000 915,700 943,200 Equipment 30,000 31,500 33,100 34,800 36,500 38,300 Total 843,605 869,500 896,200 923,800 952,200 981,500 Positions 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 n ^ j L! 125 City of La Quinta Resource Allocation plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 FINANCE: FISCAL SERVICES Salaries Benefits Services & Supplies Equipment 432,400 196,600 112,178 0 454,000 206,400 115,500 0 476,700 216,700 119,000 0 500,500 227,500 122,600 0 525,500 238,900 126,300 0 551,800 250,800 130,100 0 Total 741,178 775,900 812,400 850,600 890,700 932,700 Positions Finance Director Accounting Manager Financial Services Assistant Account Technician Senior Account Clerk Secretary Information Technology Analyst Total 1 1 1 2 1 1 1 1 1 1 2 1 1 1 1 1 1 2 1 1 1 1 1 1 2 1 1 1 1 1 1 2 1 1 1 1 1 1 2 1 1 1 8 8 8 8 8 8 126 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 FINANCE: CENTRAL SERVICES Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 391,042 402,800 414,900 427,300 440,100 453,300 Equipment 0 0 0 0 0 0 Total 391,042 402,800 414,900 427,300 440,100 453,300 Positions Total 0 0 0 0 0 0 r, - r. j-,_'a 127 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 BUILDING & SAFETY ADMINISTRATION Salaries Benefits 215,200 91,500 226,000 96,100 237,300 100,900 249,200 105,900 261,700 111,200 274,800 116,800 Services & Supplies 36,381 37,500 38,600 39,800 41,000 42,200 Equipment 0 0 0 0 0 0 Total 343,081 359,600 376,800 394,900 413,900 433,800 Positions Building and Safety Director 1 1 1 1 1 1 Special Projects Assistant Senior Secretary 1 1 1 1 1 1 1 1 1 1 1 1 Total 3 3 3 3 3 3 .) U 128 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 1 2008-09 2009-10 2010-11 BUILDING & SAFETY BUILDING & SAFETY Salaries Benefits Services & Supplies Equipment 490,500 186,800 273,879 0 515,000 196,100 282,100 0 540,800 205,900 290,600 0 567,800 216,200 299,300 0 596,200 227,000 308,300 0 626,000 238,400 317,500 0 Total 951,179 993,200 1,037,300 1,083,300 1,131,500 1,181,900 Positions Building and Safety Manager Senior Building Inspector Plan Checker Building Inspector II Counter Technician 1 1 1 2 1 1 1 1 2 1 1 1 1 2 1 1 1 1 2 1 1 1 1 2 1 1 1 1 2 1 Office Assistant Total 0.5 0.5 0.5 0.5 0.5 0.5 6.5 6.5 6.5 6.5 6.5 6.5 129 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 BUILDING & SAFETY CODE COMPLIANCE Salaries Benefits Services & Supplies Equipment 362,700 173,100 124,574 0 380,800 181,800 128,300 0 399,800 190,900 132,100 0 419,800 200,400 136,100 0 440,800 210,400 140,200 0 462,800 220,900 144,400 0 Total 660,374 690,900 722,800 756,300 791,400 828,100 Positions Community Safety Manager Senior Code Compliance officer Code Compliance Officer 11 Code Compliance Officer 1 Counter Technician Office Assistant Animal Control / Code Compliance Officer Animal Control / Code Compliance Officer Animal Control / Code Compliance Officer Total 1 1 1 2 1 0.5 0.5 0.5 0.5 1 1 1 2 1 0.5 0.5 0.5 0.5 1 1 1 2 1 0.5 0.5 0.5 0.5 1 1 1 2 1 0.5 0.5 0.5 0.5 1 1 1 2 1 0.5 0.5 0.5 0.5 1 1 1 2 1 0.5 0.5 0.5 0.5 8 8 8 8 8 8 j ^` 130 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 BUILDING & SAFETY ANIMAL Salaries Benefits Services & Supplies Equipment 178,400 79,300 138,286 0 187,300 83,300 142,400 0 196,700 87,500 146,700 0 206,500 91,900 151,100 0 216,800 96,500 155,600 0 227,600 101,300 160,300 0 Total 395,986 413,000 430,900 449,500 468,900 489,200 Positions Animal Control Officer II 1 1 1 1 1 1 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Total 2.5 2.5 2.5 2.5 2.5 2.5 131 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 BUILDING & SAFETY CIVIC CENTER OPERATIONS Salaries Benefits Services & Supplies Equipment 37,600 21,550 955,040 10,000 39,500 22,600 984,000 0 41,500 23,700 1,014,000 0 43,600 24,900 1,044,000 0 45,800 26,100 1,075,000 0 48,100 27,400 1,107,000 0 Total 1,024,190 1,046,100 1,079,200 1,112,500 1,146,900 1,182,500 Positions Facilities Maintenance Techniciar 1 1 1 1 1 1 Total 1 1 1 1 1 1 132 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 POLICE POLICE Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services & Supplies 7,960,679 8,858,713 9,551,649 10,529,231 11,555,693 12,883,478 Equipment 27,609 0 0 0 0 0 Total 7,988,288 8,858,713 9,551,649 10,529,231 1 11,555,693 12,883,478 Positions Patrol Officer 21 22 23 24 25 26 School Resource Officer 2 3 3 3 3 3 Target Team 6 6 6 7 7 7 Motor Officer 5 5 5 5 6 6 Narcotics Task Force Officer 1 1 1 1 1 1 Gang Task Force Officer 1 1 1 1 1 1 Dedicated Sergeant 2 2 2 2 2 3 Community Service Officer 3 3 3 3 3 4 Total 41 43 44 46 1 48 51 Per Position 250,000 500,000 250,000 500,000 500,000 750,000 133 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 BUILDING & SAFETY FIRE Salaries 0 0 0 0 0 0 Benefits Note 1 Services & Supplies Equipment 0 4,305,893 32,000 0 4,521,188 0 0 4,747,247 0 0 4,984,609 0 0 5,233,839 0 0 5,495,531 0 Total 4,337,893 4,521,188 4,747,247 4,984,609 5,233,839 5,495,531 Positions Captain Medic Engineer Engineer Note 2 Fire Fighter II - Medics Fire Fighter II Fire Service Inspector 3 1 3 7 7 1 3 1 3 7 7 1 3 1 3 7 7 1 3 1 3 7 7 1 3 1 3 7 7 1 3 1 3 7 7 1 Total 22 22 22 22 22 22 j s. 134 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 BUILDING & SAFETY EMERGENCY SERVICES Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 33,650 34,700 35,700 36,800 37,900 39,000 Equipment 0 0 0 0 0 0 Total 33,650 34,700 35,700 36,800 37,900 39,000 Positions Total 0 0 0 1 0 0 1 0 'J"13 135 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 COMMUNITY DEVELOPMENT ADMINISTRATION Salaries 355,700 373,500 392,200 411,800 432,400 454,000 Benefits 133,200 139,900 146,900 154,200 161,900 170,000 Services & Supplies 293,872 302,700 311,800 321,200 330,800 340,700 Equipment 2,000 0 0 0 0 0 Total 784,772 816,100 850,900 887,200 925,100 964,700 Positions Community Development Director 1 1 1 1 1 1 Planning Manager 1 1 1 1 1 1 Executive Secretary 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Total 4 4 4 4 4 4 3-14 flIC11 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 COMMUNITY DEVELOPMENT PLANNING Salaries 356,900 374,700 393,400 413,100 433,800 455,500 Benefits 154,800 162,500 170,600 179,100 188,100 197,500 Services & Supplies 177,352 182,700 188,200 193,800 199,600 205,600 Equipment 0 0 0 0 0 0 Total 689,052 719,900 752,200 786,000 821,500 858,600 Positions Principal Planner 2 2 2 2 2 2 Associate Planner 2 2 2 2 2 2 Assistant Planner 1 1 1 1 1 1 Total 5 5 5 5 5 5 j15 137 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 PUBLIC WORKS ADMINISTRATION Salaries 171,600 180,200 189,200 198,700 208,600 219,000 Benefits 69,950 73,400 77,100 81,000 85,100 89,400 Services & Supplies 74,304 76,500 78,800 81,200 83,600 86,100 Equipment 0 0 0 0 0 0 Total 315,854 330,100 345,100 360,900 377,300 394,500 Positions Public Works Director / City Engineer 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 2 2 2 2 2 2 elt j N 138 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 PUBLIC WORKS DEVELOPMENT & TRAFFIC Salaries 524,300 550,500 578,000 606,900 637,200 669,100 Benefits 229,000 240,500 252,500 265,100 278,400 292,300 Services & Supplies 288,563 297,200 306,100 315,300 324,800 334,500 Equipment 0 0 0 0 0 0 Total 1,041,863 1,088,200 1,136,600 1,187,300 1,240,400 1,295,900 Positions Assistant City Engineer 1 1 1 1 1 1 Senior Engineer 1 1 1 1 1 1 Associate Engineer 2 2 2 2 2 2 Assistant Engineer II 1 1 1 1 1 1 Assistant Engineer 1 1 1 1 1 1 1 Counter Technician 1 1 1 1 1 1 Secretary 0.5 0.5 0.5 0.5 0.5 0.5 Total 7.5 7.5 7.5 7.5 7.5 7.5 1'7 139 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 PUBLIC WORKS CONSTRUCTION Salaries 284,300 298,500 313,400 329,100 345,600 362,900 Benefits 103,000 108,200 113,600 119,300 125,300 131,600 Services & Supplies 271,117 279,300 287,700 296,300 305,200 314,400 Equipment 3,000 0 0 0 0 0 Total 661,417 686,000 714,700 744,700 776,100 808,900 Positions Senior Engineer 1 1 1 1 1 1 Assistant Engineer II 2 2 2 2 2 2 Secretary 0.5 0.5 0.5 0.5 0.5 0.5 Total 3.5 3.5 3.5 3.5 3.5 3.5 o13 140 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 PUBLIC WORKS STREET MAINTENANCE Salaries 451,200 473,800 497,500 522,400 548,500 575,900 Benefits 220,900 231,900 243,500 255,700 268,500 281,900 Services & Supplies 1,051,253 1,082,800 1,115,300 1,148,800 1,183,300 1,218,800 Equipment 0 0 0 0 0 0 Total 1,723,353 1,788,500 1,856,300 1,926,900 2,000,300 2,076,600 Positions Maintenance Manager 0.5 0.5 0.5 0.5 0.5 0.5 Maintenance Foreman 2 2 2 2 2 2 Maintenance Worker II 3 3 3 3 3 3 Maintenance Worker 1 4 4 4 4 4 4 Total 9.5 9.5 9.5 9.5 9.5 9.5 141 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 PUBLIC WORKS LIGHTING & LANDSCAPE Salaries 65,600 68,900 72,300 75,900 79,700 83,700 Benefits 28,050 29,500 31,000 32,600 34,200 35,900 Services & Supplies 1,738,230 1,790,400 1,844,100 1,899,400 1,956,400 2,015,100 Equipment 0 0 0 0 0 0 Total 1,831,880 1,888,800 1,947,400 2,007,900 2,070,300 2,134,700 Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.75 0.75 0.75 0.75 0.75 0.75 Total 1 1 1 1 1 1 142 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 PUBLIC WORKS PARK MAINTENANCE Salaries Benefits 120,900 54,350 126,900 57,100 133,200 60,000 139,900 63,000 146,900 66,200 154,200 69,500 Services & Supplies 798,401 822,400 847,100 872,500 898,700 925,700 Equipment 0 0 0 0 0 0 Total 973,651 1,006,400 1,040,300 1,075,400 1,111,800 1,149,400 Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Worker 1 1 1 1 1 1 1 Golf and Park/Landscape Manager 0.5 0.5 0.5 0.5 0.5 0.5 Total 2 2 2 2 2 2 143 City of La Quinta Five Year Resource Allocation Assumptions FY 05/06 Assumptions Revenues 2006-07 2007-08 2008-09 2009-10 2010-11 Property Taxes 3.00% 3.00% 3.00% 3.00% 3.00% No Low Property Tax 3.00% 3.00% 3.00% 3.00% 3.00% Document Transfer Tax 3.00% 3.00% 3.00% 3.00% 3.00% Sales Tax 5.00% 5.00% 5.00% 5.00% 5.00% Transient Occupancy Tax 15.00% 10.00% 10.00% 10.00% 10.00% Franchise Tax 4.50% 4.50% 4.50% 4.50% 4.50% License and Permits 0.00% 0.00% 0.00% 0.00% 0.00% Public Works fees 3.00% 3.00% 3.00% 3.00% 3.00% Motor Vehicle In -Lieu 3.00% 3.00% 3.00% 3.00% 3.00% County Fire Service Credit 3.00% 3.00% 3.00% 3.00% 3.00% Expenditures 2006-07 2007-08 2008-09 2009-10 2010-11 Salaries 5.00% 5.00% 5.00% 5.00% 5.00% Benefits 5.00% 5.00% 5.00% 5.00% 5.00% Services and Supplies 3.00% 5.00% 3.00% 5.00% 3.00% 5.00% 3.00% 5.00% 3.00% 5.00% Police service costs 144 Titit 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 19, 2005 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Lease Agreement PUBLIC HEARING: With the Chamber of Commerce for a Portion of Phase II of the Library RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Staff inquired into rental costs of several vacant office spaces in the Village area and found rates to be between $2.10 and $2.25 a square foot. In addition to the base rental rate, there were charges for the tenant's pro -rated share of taxes, insurance and maintenance costs for the building. The proposed space is approximately 1500 square feet and could generate between $3,150 and $3,375 a month if the City were to charge at a rate consistent with existing office space in the area. The Chamber is proposing to pay $1,000 a month for rent and an additional $250 a month towards utility costs for a total of $15,000 a year. If occupied by the Chamber on a full-time basis, the Community Room would not be available for rent to outside organizations which would be charged between $50 and $95 an hour depending on the organization's classification per the City's rental policy. In order to generate the amount of annual rental revenue proposed by the Chamber, the Community Room would have to be rented to outside organizations three hours a week, every week, at the $95 rate. It is assumed that any costs associated with additions or alterations to the space to accommodate the Chamber would be paid by the Chamber. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Construction of the City's Municipal library is nearing completion. Approximately 11,000 square feet of the 20,000 square foot structure will be used immediately for library operations. The remaining 9,000 square feet, which has been referred to as 3413 Phase II, consists of an approximately 5,800 square foot multi -purpose area (will ultimately house book stacks), a 1,500 square foot community room, a 1,000 square foot classroom and four offices that total 600 square feet. Attachment 1 is a floor plan of the building. Attachment 2 is a site plan for the library. It was intended that these areas (not including the offices) would be rented to outside organizations for special events much in the same manner that the Senior Center is rented on the weekends to community groups. At the June 20, 2005 City Council budget meeting, the Chamber requested that the City Council consider allowing their organization to utilize a portion of the building in lieu of substantially increasing the contract amount to offset rent increases. Staff was directed to research the viability of the request and report back to the City Council. Staff met with representatives from the Chamber at the library site. It was agreed that the Community Room would be the most suitable area for the Chamber's operation primarily due to its location and accessibility from the exterior. The Chamber Board has considered the issue and endorses the use of the Community Room. Attachment 3 is the Chamber's proposal to lease the space. Rather than construct partition walls that would have to be removed at a later date, staff is suggesting the use of modular office partitions to customize the room for use by the Chamber while minimizing the impact on the permanent structure. The partitions would be paid for by the Chamber. If the City Council decides to lease the Community. Room to the Chamber, an agreement would be prepared in a form consistent with other City leases (e.g., the Boys and Girls Club) and would incorporate the terms approved by the Council. The agreement, subject to being approved as to form by the City Attorney, will be executed by the City Manager. It is estimated that Phase II construction will be completed by October 1, 2005. FINDINGS AND ALTERNATIVES: 1 . Authorize the City Manager to execute a lease agreement with the Chamber of Commerce for the Community Room in the Phase II area of the library, in a form to be prepared and approved by the City Attorney, and include direction to staff with regards to rental fees and term of agreement; or 2. Do not authorize the City Manager to execute a lease agreement with the Chamber of Commerce; or 3. Provide staff with alternative direction. r"'-) Jti4 2 Respectfully submitted, To Hartung, Director o uilding &Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Floor plan of library building 2. Library Site Plan 3. Chamber proposal to lease library space r 3 s ;L I III -1 T T , PIX ATTACHMENT 1 f- --- -- 41 I ILI I o- P, !Rj i I t a. 0 'm m a a A CE m in 9 A 0 1 !1 0 m I it 1 1 t 1, ij z t I Fc� if 111W 11 lif tCity of La Quinta Public Library ?&M CWW T.V. cr# P*� C mom 0 IOF ®n.�®. e6000O000000� V I�IIAb1�l1A r►IId1AlA LI • .. 1---------------------------------------------------1 1 _ 1 LIMIT OF WORK ! 1 1 s Rev i 1 c Z DIRECTORS Lew E. Piper. David Howard, Stu Bailey, victoria Bailey, (athy Bret/, gt. i.2tt t37i )t li�'�. 2 o"Ino Cappellino, Iinda i,.ml,> J an ia9lne,. lieii� L.rrsa;ra. i honla.. Mr Derlootl Jr., Ken Napper, (ohs, V(na, Pech�o Nincoaa, Tory Roger,ofl- Kurt Spurgin, D.C. Robert E. Sylk, ATTACHMENT 3 La Qyinta Chamber of Commerce City of La Quinta ATTN: City Council P.O. Box 1504 La Quinta, CA 92253 Dear Council Members: RE: Proposed Occupancy of La Quinta City Library Office Space Our Facilities and Executive Committees as well as our full board have reviewed the proposed opportunity to occupy the available office space at the City of La Quinta Library in conjunction with the submission of our contract to the City for the 2005-06 fiscal year. All committees and the full Board endorsed the opportunity to request this opportunity from the City. We believe that this action would create benefits for the City, the Chamber, residents and the business owners of our community. We have suggested to Tom Hartung, Director of Building and Safety, during the course of our evaluation, that the Chamber pay the City for occupancy at the same rate we currently pay in our existing location. Our current monthly rent payment for facilities is $1,000, and our utilities average approximately $250 per month. Therefore, we are suggesting that the Chamber pay the City $12,000 annually for occupancy and $3,000 for our allocated utilities. These amounts could be paid at fixed monthly amount as described above. The Chamber looks forward to the Council's consideration of this matter. Please advise us if you have any further questions regarding this opportunity. Very truly Yours, /4�g, Lew E. Piper, CPA Chairman of the Board of Directors CC: Tom Hartung, Director of Building & Safety 71i-;71 1))2 3 1111(ne': '00- 0-4-_)199 F.Ix 700 '164- i t I 1 www.lr1< 1amher.eun1 6 LISR RY D1Rf�'T.OR - I D ta• I I � I I A3,0 •o! 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BOULDER SCHEDULE 1 I I i r 1 I I / 6- L�J Cony SMM GEeGRIPr1d OAt PlFl10VID OAM 1W a" caolt ro ae c b ♦ ♦ coat ccrrw ZZMwing an AFVFA7VW • caalt calclter �.��`III PA 'P / `�7/ // `�� 2 ♦♦•♦ a+wrlaie:TM2 TO HOW 11�1111 i � I I / I PA n ii 1 1I i -sting I" I alter to efna�rj ' 1 I I `,I i 1 Commu Cour t■I I E�dsting' t i1 electric �' �' vault--- 4Il J F c transformer. ity if req d atic sasen/ y retaining WON re sprrinkler ris d Electric I h1 .41 I rash PA IA I I 11 � I I Existing sidewalk t '"� r P I remain PA ii iiii iii ii i i,i i■ --t E> Win ---r a--- -- driveway Caution: I to Do Not Disturb Existing I Water Utility Valves remain sjaekRow-- —a preventent — Fre— k domestic water a DIAL AFORE YOU DIG 22-41= DIG T r1.MY R Wk M ULW"W w°�irot� rwrwx°�' taravwlrr Staff PA ♦: A SWW 6 4SaSG'i r3 D 21QSd': ' '..'_4 4 OEM J r� l i i i i Ramp w/ handrails —See Civil Plan —s,s►— Book return urorllrYrrrrrrr�rrrrr PA —� ) � !w -+yam• �� Jw �!� �. rrrrrrrr/rrrurrr+�rrr X/ \ rn, 1 rn. Tyr PA PA PA fire hydrant — See QW —a.—_c�— —c.—_►_ —>u —sit— —ao— —Ila —s�►— Covered Part ATTACHMENT 3 City of La Quinta ATTN: City Council P.O. Box 1504 La Quinta, CA 92253 Dear Council Members: 4"{"= Fla _G RE: Proposed Occupancy of La Quinta City Library Office Space Our Facilities and Executive Committees as well as our full board have Cathy BrEtL, reviewed the proposed opportunity to occupy the available office space at the City of La Quinta Library in conjunction with the submission of our s«>(I Hrooi«, contract to the City for the 2005-06 fiscal year. All committees and the 12, ' '"""""`' full Board endorsed the opportunity to request this opportunity from the c osvilo CK,pp pled(, City. We believe that this action would create benefits for the City, the Chamber, residents and the business owners of our community. We have suggested to Tom Hartung, Director of Building and Safety, during the course of our evaluation, that the Chamber pay the City for )``n ` � occupancy at the same rate we currently a in our existing location. Our ;I,;, current monthly rent payment for facilities is $1,000, and our utilities Alexis L`""'nr ! average approximately $250 per month. Therefore, we are suggesting that the Chamber pay the City $12,000 annually for occupancy and $3,000 for our allocated utilities. These amounts could be paid at fixed monthly Tt,nn,", Nl�_e«kt",, amount as described above. K`n' yp``' The Chamber looks forward to the Council's consideration of this matter. Please advise us if you have any further questions regarding this fa�s"rP4>"FQ", opportunity. itc(hle :��"��-�"_ , Very truly Yours, Lew E. Piper, CPA Chairman of the Board of Directors CC: Tom Hartung, Director of Building & Safety 3V / s Gbh! OF O COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Consideration of Amendments to the City Charter and Municipal Code, Repealing Chapter 2.75 Cultural Arts Commission; Repealing Chapter 2.95 Community Services Commission; and Adding Chapter 2.85, Creating the Arts, Parks and Recreation Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Amend the La Quinta Charter and Municipal Code to repeal Chapters 2.75 (Cultural Arts Commission) and 2.95 (Community Services Commission) and add Chapter 2.85 relative to the Arts, Parks, and Recreation Commission. A. Motion to take up Ordinance No. , by title and number only and waive further reading. B. Motion to introduce Ordinance No. , on first reading. FISCAL IMPLICATIONS: A savings in staff time, support services and commissioner expense may be realized by consolidating commission duties. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: 3,32 The suggestion to consider consolidation of the Community Services and Cultural Arts Commissions was brought forward by Council Member Osborne at the regular meeting of May 3, 2005. The matter was considered as a business item at the meeting of May 17, 2005 and staff was directed to inform the members of the Community Services and Cultural Arts Commissions of the City Council's decision to consolidate the two commissions. Community Services Director Dodie Horvitz advised both Commissions at their June meetings. The City Clerk notified all the members of each Commission, by letter, of the City Council's decision to consolidate, and informed them of the Council's stated intent to appoint all of the Commissioners, currently serving, to the newly formed body. The Commission vacancies were advertised in the Gem in early May and as a result applications were submitted for both Commissions. The applications are included in the staff report dealing with reappointments to City Boards, Commissions, and Committees. As of the closing date on June 21, 2005, the following provides the status of each Commission: Community Services Commission *Robert Leidner *Edward T. Hackney *Victoria St. John *Mark Weber Vacant Position Cultural Arts Commission Else Loudon Elaine Reynolds Sheldon Brodsky *Andrea Gassman Vacant Position Reapplied Term expires 6/30/2005 Reapplied Term expires 6/30/2006 Term expires 6/30/2006 Term expires 6/30/2006 Term expires 6/30/2005 Did not reapply Did not reapply Resigned Term expires 6/30/2005 Term expires 6/30/2005 Term expires 6/30/2006 Term expires 6/30/2006 The net result is four (4) Community Services Commissioners are eligible for appointment and one (1) Cultural Arts Commissioner is eligible for appointment to the newly formed commission. The eligible Commissioners are indicated with an asterisk (*). The City Council discussed the concept of appointing an eight (8) member commission and allowing natural attrition to reduce the size to a seven member body. The Council also discussed appointing a five (5) member commission. The direction of the City Council as to the size of the new commission will be incorporated in the final draft of the Ordinance. As a place holder, the name Arts, Parks, and Recreation Commission is used in this report; however, it is in the purview of the Council to provide direction as to the desired name. This direction will also be incorporated in the final draft of the Ordinance. The City Council considered this matter at the meeting of July 5, 2005. Council Member Osborne was absent from the meeting and the result was a tie vote. Under the adopted procedures of the City Council a matter resulting in a tie vote due to an absent member is to be taken up at the next regularly scheduled meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend the La Quinta Charter and Municipal Code by repealing Chapter 2.75 (Cultural Arts Commission) and Chapter 2.95 (Community Services Commission) and adding Chapter 2.85 to the La Quinta Charter and Municipal Code relative to the Arts, Parks and Recreation Commission. A. Motion to take up Ordinance No. by title and number only and waive further reading. B. Motion to introduce Ordinance No. on first reading; or 2. Do not introduce Ordinance amending the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager f' 4 j i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER 2.85 (ARTS, PARKS, AND RECREATION COMM/SS/ON) AND REPEALING CHAPTERS 2.75 AND 2.95 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, Chapters 2.75 and 2.95 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") Community Services Commission and Cultural Arts Commission, respectively; and . WHEREAS, the City finds that there are common duties, objectives, and other factors between these commissions; and WHEREAS, the City has determined that creating one new Arts, Parks, and Recreation Commission would be the most efficient and productive way to provide the services heretofore assigned to the Community Services Commission and the Cultural Arts Commission; and WHEREAS, the City has determined that there is no necessity to continue the Community Services Commission and the Cultural Arts Commission as separate commissions; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapters 2.75 and 2.95 are repealed in their entirety. SECTION 2. Chapter 2.85 (Arts, Parks, and Recreation Commission) is added as follows: 2.85.010 Created — Defined. 2.85.020 Purpose and Objectives. 2.85.030 Members — Appointments — Terms. 2.85.040 Powers and Duties. 2.85.050 Committees. 2.85.060 Staffing. Ordinance No. Adopted: Page 2.85.010 Created - Defined The Arts, Parks, and Recreation Commission is created and established. The term "Commission" as used in this chapter, shall refer to the Arts, Parks and Recreation Commission. 2.85.020 Purpose and Objectives The general purpose of the Commission is to advise the City Council with respect to the City's development of cultural arts, including cultural events and activities, promoting the literary, performing and visual arts. The Commission shall also maintain and implement the Art in Public Places plan subject to approval of the City Council. The Commission is also to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. Objectives of the Commission are as follows: A. To advise the City Council on matters affecting the cultural art of the City and to advise and assist other City boards, committees and commissions in the field of the arts and to cooperate and work with other cultural art organizations. B. To advise the City Council in identifying community needs for recreation and social services. C. To encourage and facilitate programs in the arts thereby promoting disciplines and activities, including, but not limited to the following: 1. Performing arts, such as drama, music and dance. 2. Visual arts, such as painting, sculpture, photography, graphics, video art, applied art, and public art. 3. Literary arts, such as literature, poetry and journalism. 4. Communications arts involving film, radio, television, and technology. D. To recommend funding opportunities, such as conducting fundraisers, and contacting representatives of public and private funding agencies and art patrons. E. To serve as advisors to the City Council on all matters pertaining to community services and public recreation, including identifying the community need for the services, and the management, conduct, care and development of the parks and playgrounds in the City. Ordinance No. Adopted: Page 2.85.030 — Members — Appointments — Terms A. The commission shall consist of (seven/five) members appointed by the City Council. Parties interested in serving on this commission shall exhibit expertise, experience, knowledge, or similar assets that may be useful in serving on this commission. B. Every effort will be made to ensure that a wide cross-section of community residents, interests and viewpoints, including providers, recipients and professionally -related occupations are represented. Membership may include representation from organized social, cultural, community services, law enforcement, recreation, public health, gang prevention, child care, and senior services, for example. Both public and private may be represented. C. Member terms shall be for a period of two years. Initial appointments shall be staggered with (three/two) having one (1) year terms and (four/three) members having two (2) year terms. 2.85.040 — Powers and Duties A. General Duties 1. Analyze cultural arts and community services programs as to effectiveness and need, and recommend to the City Council comprehensive solutions; 2. Make recommendations for research and solicitation of grants and donations; 3. Receive and act on all assignments made by the City Council, and submit reports and recommendations to the City Council on these assignments; 4. Serve as a public forum and conduct public hearings for recreation, art, opportunities for participation of artists and performers in City -sponsored activities, and human services concerns; 5. Make recommendations to the City Council on funding of community art events and parks and recreation facilities and programs, search for private and public grants and promote cooperation with other governmental agencies and volunteer organizations. J.S� Ordinance No. Adopted: Page 6. Make recommendations to the City Council on community issues; 7. Develop public art awareness through the presentations of speakers, forums, mixers and special events; 8. Review parks' maintenance standards and quality; 9. Maintain and implement the Art in Public Places Plan subject to approval by the City Council; 10. Implement cultural and recreation activities as may be delegated by the City Council from time to time including selection of artists and providers for programs and projects, the award of contracts for art projects and programs; 11. Review individual park master plans for recommendation to the City Council; 12. Propose recreation, performing arts, and social programs; 13. Work with City staff to develop a list of possible public art and park sites; 14. Encourage and promote understanding and cooperation between public safety agencies and the residents; 15. Seek ways to procure public art and park and recreation amenities through fees, endowments, donations, loan programs, trusts and similar means of support; and 16. Evaluate existing programs and services with regard to service overlap or gaps. 2.85.050 Committees The Commission may, from time to time, establish committees composed of commission members, citizens and/or interested people, charged with the responsibility of implementing certain designated projects subject to Commission and City Council approval. At least one member of the commission shall also be a member of each committee. 2.85.060 Staffing A. All departments of the City, through the office of the City Manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the Commission and its committees in the performance of designated duties. 33 Ordinance No. Adopted: Page _ B. The City Manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff, clerical help, and maintain files and records for the Commission. C. The City Council shall periodically review the progress of the Commission. SECTION 3. Effective Date: This Ordinance shall be in full force and effect 30 days after its adoption. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of August, 2005, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) Ordinance No. Adopted: Page APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of , 2005 and was adopted at a regular meeting held on the day of 2005 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California T4'yl 4 ZP 12u&ro COUNCIL/RDA MEETING DATE: J u ly 19, 2 0 0 5 ITEM TITLE: Consideration of Appointments to Various City Boards, Committees, and Commissions RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Review Committee; and 2) make appointments to the newly created commission as deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's office placed an article in the Chamber of Commerce Gem and advertisements in the Desert Sun, which ran twice, notifying the public of the expiring terms for boards, commissions and committees. Letters and applications were also mailed to all members of boards, commissions, and committees whose terms were expiring this year, inviting them to reapply. The deadline for receiving applications was June 21, 2005 at 5:00 P.M. The City Council has been considering the consolidation of the Cultural Arts and Community Services Commissions and has announced they will appoint the commissioners currently serving on those two commissions to the newly created one. Four (4) of the members of the Community Services Commission and one (1) member of the Cultural Arts Commission are eligible for appointment. At the time this staff report was prepared, a decision as to the number of members and name of the new commission had not been decided. 1. Architecture and Landscape Review Committee — The term of Committee Member David Thom expired June 30, 2005. The appointment to this committee was considered at the regular Council meeting of July 5, 2005. City Council Member Osborne was absent from that meeting and the vote ended in a tie between Mr. Thom and Mr. Tracy Mark Smith (Attachment 1). Under the adopted procedures of the City Council, a matter resulting in a tie vote due to an absent member is to be taken up at the next regularly scheduled meeting. Staff was instructed to notify the two tied candidates of the reconsideration at this meeting. 2. Community Services Commission — The terms, currently held by Commissioners Ed Hackney, Victoria St. Johns, and Mark Weber, are not scheduled for reappointment until June 30, 2006. Commissioner Robert Leidner, whose term expired June 30, 2005, has submitted an application for reappointment (Attachment 2). There is currently one (1) vacancy. 3. Cultural Arts Commission - The term for Commissioner Andrea Gassman is not scheduled for reappointment until June 30, 2006. Commissioner Brodsky has resigned. Commissioners Loudon and Reynolds did not reapply and there is one vacancy. Applications were received from Nicholas Hemes and Ted D. Eichelberger, II (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; and 2) make appointments to the newly created commission as deemed appropriate by the City Council; or 2 Do not approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; and 2) do not make appointments to the newly created commission as deemed appropriate by the City Council; or 3. Provide staff with alternative direction. 2 Respectfully submitted, ne ereek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Attachments 1 A - B, Architecture & Landscape Review Committee Applications 2. Attachments 2A - B, Community Services Commission Applications 3. Attachments 3A - B, Cultural Arts Commission Applications %3 i -Attachment 1 A ,. Date: & - 1- 0�57 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: r2Av 1 G HOME ADDRESS: LV Yn ' 225'� TELEPHONE: (HOME) BUSINESS:eaSMt-E EMAIL: 'Mt"L LI 12 M l5N • Qn4 FAX: 15,64 BUSINESS ADDRESS C.sM F- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? Y7�N�C Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to Include experiences relevant to duties of the position you seek. �� A tA x . JA APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. or w4rdI t+1 V 1 11 What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? W 61, M a ! Man=- mxl' i L. � at u � �� E■ What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? W-10073-03116MME11, M-�M, 94's-MM-RE C. �� ' fir: �►� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 345 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT CANDIDATE DAVID C. THOMS QUALIFICATIONS: Bachelor of Science Degree in LANDSCAPE ARCHITECTURE. I Active member of the AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS. Presently, holder of California License #1032 and Arizona License #9347. EXPERIENCE: • Directly responsible for many quality projects within the Cities and Counties of Los Angeles, Pasadena, San Bernardino, Beverly Hills, Newport Beach, as well as out of the state projects. DEDICATION: • It is my desire to be one of the best commission members serving the City of La Quinta. Respectfully submitted, David C. Thoms 6 APPENDIX A DAVID C. OMS, ASLA Principal - Project Manager MUCAnON: Bachc3or of Stunt in Lwxle ape Ardutectum, Caiifonw State pWyWbm UJnfvemq, San Luis Obispo,1"' PROFESMONAL a 196.4 AMUTIONS: M=dxt of the American %6@V Of " lreidesd of the Soa*om GWocnia C.f+apW of the AanetXW Society of Lendscapc ArGhitccts.1992. pr of Sou* Pasadena BeautituL 1976-IM- UGISUAUON: Licensed TA%bmpe Awhitect. C'if0udA #1t132, Arizona~ nw of Wr was caVi ded when Mr 71w, was pena+obed b 4 in 1%& His oons�v� Ea ut wttlt Iris dirKt involvsa►utt in wAdamir , prof 1 and coanmunitr service anafae Idm an invaht" t"m msg& bw- As Senior Prk&dP4 I& lboats has been duff* MPMS*k for the W *wmJ; P"Fcb= • Califot & Stm UWverWy - Nocduid Campus UM110" Ar uied/Master Piannb+g • Loy0b VC& SelwoL Los A . Xmb+a y Mmorial Park �Y Hilts Masbcr Plan • Reera Park P9am Beverly Hdb • Lake Avarua Ca►SM;AdwAl Clwtd%l Pasadena • Santa Fe Dam Recom m Arcs. lrwhutak • rlodhwood YSdmoo1.Irvine • Harvey Mudd C,vilese Clacew"4 Caatpns Landscape Archifta/M'asW PUM14 .clozemod ceftes - Dartawuth Street Entrance Davelopneni • Westpark P)MVMS Arm 3a Park Three and four Ylr 7 Attachment 1 B O� Jp �q1 Date: �2 -- 9 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: —Mb o Nbf3yz - 9N tom-( HOME ADDRESS: ] 7q 5_ 4f lei 501JA'T'A LA Q( Ly\m c&,r1A qzz ,53 TELEPHONE: (HOME) T7 l 4{2 8 BUSINESS: EMAIL: LAN05 1-� AOL,CrV"FAX: BUSINESS ADDRESS J4 (gro'D W A-5H (N ety4 St, BJO'5 %Q11)LV aA DUNE'S IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD L 5 fzca i nc — Ply l ow-r -- (,}AND 5zm �f ZG}{ awl CpN ST • C LENGTH OF RESIDENCE IN LA QUINTA: % HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? 1�I© Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. OV -1 E • (.P,.N 0 Xkpc- AJECI-1 i lGir--`'l" -fk 723 6 a .CAL-i r • LANb5CAPE C:oN1RfZ 1 G 9-1 �siEvv CZ�y i 1 C0VV\M vhTEIE— M 0b ¢6fL - -7fr:411ct�;q et.,4&UIMA &U 6 t6 ItCh UNN • N �i1 348 U APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. �� , � CbbnnyVig C What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? (JoE�2-%-Am l What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? INB(j Up -rZ) LGrt 1"Vte [2L-S� 16M ip-s Q0 PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253, THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Attachment 2 A Edward T. Hackney, Esq. 79-915 Rancho La Quinta Dr. La Quinta, CA 92253 760-564-6799 (fax/phone) Mayor and City Council City of La Quinta P.O. Box 1504 78-450 Avenida La Fonda La Qunita CA 92253 —1504 Dear Mr. Mayor and City Council, June 12, 2005 As you may recall I am a member of the Community Services Commission. I am writing to you to advise my interest in being named a Commissioner on the newly formed Commission that is taking over the duties of the Community Services and the Cultural Art's Commissions. Sincerely, V14.e-,Z� Edward T. Hackne 16 2005 J 0d 1 10 0 tton�mov.4 I D Date: I J RECEIVED ZOOS JUN 16 AM 1, 56 CITY OF LA QUINTA APPLICATION TO SERVE CITY OF LA QUINTA ON CITY CLERK'iWQUNTA COMMUNITY SERVICES COMMISSION NAME: HOME ADDRESS: S �' p �/� t�mf Dg. Z 7A TELEPHONE: (HOME) 70 ` �'6V _'1'1Z-Z BUSINESS: _76U J�� EMAIL: %-'�� lS L.c rt�72 l� . 22 . CeY►-c FAX: % BUSINESS ADDRESS S AmC- /U H rn-ri - IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD ,F—t (---'(ZAC. i 1C_& _ , LENGTH OF RESIDENCE IN LA QUINTA: 2 -o-(g" ' -- HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? y Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. /� (1bh�-3 QAJ 77Y6_ COMI.,WJti / r67z- 6// C(1-- 16W725- r l<', C-T /1> ay-� i,(' Xkvy CA 1 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. 'AlkIL C �i�RI'�y S i �' UAJ S� �v /cam C'u��, � � ss' ► o �� What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? GVS0(-1D ' 10-0 OF -7C Z, C0ye1,7'71sJ-1d,JX 6011-C. "r c,/,ems -/Z) (76— vim. .i/�cs 0/-) 1/e6 A5z� s What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? 7-0 -TIYg— �,�=%Z�✓oG�� Cc�YI „7 �J�'� o �.J �' !9 � Ti�o�/�" ;��/J'l/�'��..S' a A/ PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 12 Attachment 3 A Cat NICOLAS P. HEMES hemes@msn.com 79405 Highway 1 1 1, Suite 9, LA QUINTA,CA 92253 Phone: 760 221 1236 April 19, 2005 TO: CITY OF LA QUINTA COUNCIL MEMBERS SUBJECT: Position of Cultural Arts Commissioner I have recently returned to live in the City of La Quinta, after an 18 month stint as Market Development Manager for the Naples (Florida) Chamber of Commerce. Also, I was appointed by the Collier County Commissioners to serve on the Collier County Code Enforcement Board. As you are aware I served for 2 years (2002-03) as a Cultural Arts Commissioner. During this time, I believe I made a significant difference in promoting and developing cultural arts awareness in the City. I would like to be considered by the Council for this position or any other that the Council determines that I am qualify for. Best regards and sincerely, Nicolas Hemes Attachments: Resume, confirmation letter from the Collier County Board of Commissioners and Florida Highway Patrol ID. I 13 NICOLAS.P.HEMES 79-405 HIGHWAY 1 1 1, SUITE 9 LA QUINTA,CALIFORNIA 92253 Phone: 760 221 1236 hemes@msn.com MILITARY SERVICE. ROYAL AIR FORCE- Middle East Command (1956-1958)- Air Controller(Sergeant) EDUCATION: BA- MARKETING, LONDON UNIVERSITY, LONDON, ENGLAND QUALIFICATIONS: MARKETING AND SALES CONSULTANT FOR OVER 45 YEARS EMPLOYMENT. 1958-1960 Media Manager, Mather & Crowther, London 1960-1963 Media Group Planner/Buyer,BBD&O (Omnicom), New York. 1963-1970 International Sales Director, Hearst Magazines, New York. 1970-1978 Associate Publisher, 3M Company, Minneapolis and Los Angeles, California. 1978-1987 President, Mall Media and Vice President, Martin Communications, Los Angeles, California 1987-Present- Chairman, International Marketing Consultants, La Quinta,CA 2003-2005 -Sales Consultant, Greater Naples Chamber of Commerce, Florida CHARITIES: Diabetes Associates at Cedars Sinai Medical Center, Los Angeles, California Executive Board of Directors (1971 - 2000) California Highway Patrol (1199 Foundation), La Habra, Ca - LIFE Member GOVERNMENT POSITIONS: COLLIER COUNTY(FLORIDA),Member, Code Enforcement Board (2004 -2005) CITY OF INDIAN WELLS, California, Public Safety Commissioner (1995-2000) CITY OF LA QUINTA, California, Cultural Arts Commissioner (2002-2003) STATE OF FLORIDA, FLORIDA HIGHWAY PATROL, Advisory Council(2000-05): RIVERSIDE COUNTY REPUBLICAN PARTY - Member 354 14 PA0aXd01W0A19X wowwy 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774-8097 • Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Nicholas P. Hemes 6017 Pine Ridge Road, Suite 123 Naples. FL 34119 March 9, 2005 Subject: Collier County Code Enforcement Board Dear Mr. Hemes: While convened in regular session on March 8, 2005, the Board of County Commissioners voted to appoint you as a REGULAR member on the above -referenced advisory committee. Your appointment will expire on February 14, 2008, or at such time as the Board re -appoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. By copy of this letter, we are requesting Michelle Arnold, Code Enforcement Director, to provide you with any additional information you will need as a member of this committee. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory committee. Very truly yours, Fred W. Coyle, Chairm Commissioner, District 4 FWC:sf cc: Michelle Arnold, Code Enforcement Director ^•-r, JcItcJ 15 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF ADVISOR IS A M L '71 THE F FIYV Y' isZUMf F - EMBER BY ORDER OF TWAft�GIIWAY PATROL CHRISTOPHER A KNIGHT, DIRECTOR FLORIDA HKAWAY PATROL 16 Attachment 3 B P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 June 14, 2004 Ted D. Eichelberger, II 81-972 Daniel Drive La Quinta, CA 92253 Dear Mr. Eichelberger: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Thank you for your interest in the La Quinta Cultural Arts Commission. Unfortunately your application was not received by the June 7, 2003 deadline. I have placed your application in a pending file and should an opening become available during the next year, I will notify you. The City Council makes appointments each year, usually in June, to appoint and/or reappoint members of boards, committees, and commissions whose terms are expiring. Your application will also be included in that recruitment. Sincerely, June Greek, CIVIC City Clerk ( te r IVIE 719V JW-1 - � PH I: 00 CITY OF LA QUINTA CITY �E ! N OUNTA APPLICATION TO SERVE CITY C .ER ", 'S OFFICE ON NAME: Date: May 20, 2004 LA QUINTA CULTURAL ARTS COMMISSION Ted D. Eichelberger II HOME ADDRESS: 81-972 Daniel Drive (TRILOGY) La, Quinta, CA 92253 TELEPHONE: (HOME) (760) 777-7997 BUSINESS: (760) 360-7999 EMAIL: teichelbergerii@dc.rr..com FAX: (760) 777-7987 BUSINESS ADDRESS P. 0. Box 2075 - PAlm Desert, CA 92261 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD self employed commercial real estate broker/developer LENGTH OF RESIDENCE IN LA QUINTA: three months HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? no Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. See attached biography of Ted Eichelberger II. Not set forth in the attached biography: 8 years old through high school (18 years old): performance piano prodigy with many solo performances, including live radio. Had own half-hour radio show on WING (DAYTON, OHIO) with "guests" at age 11. Also performed solo at Dayton Art Institute; soloed with Dayton Philharmonic Orchestra; attended two consecutive summer sessions at Chautauqua, New York --where Julliard staff and students also spend some six weeks each summer. Soloed with Chautauqua Symphony Orchestra (Grieg Piano.Concerto); appeared on WLW radio; WLW-TV; WKRC radio (all Cincinnati, Ohio appearances). Have hosted Charlton Heston and Meredith Willson, among other notables in my own home for benefit per- formances of each; obtained an outstanding high school education at Oakwood High School (Dayton); then Northwestern University (2 -years); then Ohio State continued: over U APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. University for Bachelor of Music degree, followed by businessschool and law school --all at Ohio State My current knowledge of the Arts Commission is limited to what I read in the daily newspapers (ala Will Rogers) ... but I believe broader vision of national and world activites in all creative arts should be focused back on La Quinta's extraordinary opportunities for leadership in the creative fields of human experience. At Chautauqua, for instance, creative writing; creative art and art history, music (classical as well "Aaron CQ lend 20th-Ce t ury Treat' ns")(3nd op�r� an j ,Tuil�ard works were m y de y What specific issues or pro ems ace tie a uinta u tura its ommission and do ou ave an suggestions to address those issues or problems? The magic of the La Quinta setting --the VENUE --must be presented to the world. Some maior events attracted by true leaders in the "industry" must be sought and produced. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? I subscribe to Suzie Orman's short dictum: "People first, Then money, then things." However, to get the people involved, you must present them with a logical REASON for their involvement. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO aJ LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 19 .... Biograpf y... ZedEichefberger..... TED EICHELBERGER II came to California following his graduation from Ohio State University, after he had also completed post -graduate studies in OSU Commerce School and OSU Law School. He is a recipient of the American Jurisprudence Award in Equity and a member of the legal fraternity Phi Delta Phi. Ted became real estate credit -administrator for Riverside Division of Security Pacific' National Bank. He went on to become president and CEO of Security Bank's real estate subsidiary, where he developed many new branch facilites for the bank. Before leaving Security Bank, Ted graduated from Northwestern University's School of Mortgage Banking. He then independently entered the real estate brokerage, financing, and development business. As a fully -licensed California real estate broker for over 35 years, Ted has served as committee chairman on several real estate boards. He possesses an extensive background in commercial and industrial brokerage, conptruction, development and leasing. His experience in majpr real estate transactions and development is extensive. Ted is a founding member of the Desert Resorts Convention and Visitors Bureau and has served on several Southern California Chambers of Commerce boards. In the late 1980s, Ted was Coachella Valley VIP Chairman of the United Cerebral Palsy campaign and telethon in addition to being first a member, and then chairman, of the host committee for the Bob Hope Classic Ball. Ted's biography is featured in Who's Who in California as well as Who's Who in the West, Marquis Publications. �r ceityl 4 .fP 129M& COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Consideration of the Red Light Camera Enforcement Program RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: SO CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Unknown at this time. If the City Council chooses to continue negotiations with Transol USA, the City will be responsible for costs incurred by the Police Department for the staff time necessary to administer the program and review and issue citations. The City will also be responsible for any costs associated with defending the validity of the program against legal challenges. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In accordance with City Council direction, City staff issued a Request for Proposals (RFP) to obtain technical services for the installation of an automated digital Red Light Traffic Camera Enforcement Program within the City of La Quinta in October 2004. The intended purpose of the program was to improve traffic safety by increasing compliance with traffic signal regulations. It is currently anticipated that the enforcement equipment would be installed at the intersections of Washington Street and Highway 111 and at Washington Street and Fred Waring Drive. However, it should be noted that a recent City of Costa Mesa court ruling calls into question whether jurisdictions in which jurisdiction is shared are appropriate for cameras. The City Attorney will report on recent information obtained from the Costa Mesa City Attorney on that point. The program was intended to be entirely revenue neutral or positive for the City. The first year of the program was intended to test the benefits and costs of the program. On November 30, 2004, the City received two proposals from qualified firms. Proposals were received from Transol USA and Redflex Traffic Systems. Following careful review of the proposed scope of services within each proposal, the Selection Committee unanimously agreed to pursue agreement negotiations with Transol USA. As of this date, staff and Transol have developed and agreed to the scope of services necessary to implement the program. Staff and Transol have not agreed to the proposed monthly service fee, nor have we agreed to the definition of revenue neutral. A draft agreement is included as Attachment 1. As drafted, the agreement was not acceptable to Transol. Staff's concern with the proposed fees is associated with Transol's initial promise that the program would be revenue neutral or positive to the City. The service agreement drafted by Staff requires Transol to hold the City harmless from any costs over and above the amount collected from citations. This would include legal representation due to challenges to the validity of the program, the cost of any additional time necessary for the City's Police Department to administer the program, and the monthly cost for Transol to operate the program. Because there is considerable litigation arising over these systems, the City Attorney felt that the City's costs should be covered by Transol if the system was truly intended to be revenue neutral. Transol believes its responsibilities should be limited to its fees and installation costs. Any costs incurred by the City over and above its payments to Transol should not be its responsibility. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to continue negotiations with Transol USA with the understanding that the Red Light Camera Enforcement Program may not be revenue neutral to the City, in which case a future appropriation request from General Fund reserves would be proposed; or 2. Direct staff to discontinue negotiations with Transol USA; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. J as o , P.E. Public Works ire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Draft Agreement 3 ATTACHMENT 1 SERVICE PROVIDER AGREEMENT BY AND BETWEEN CITY OF LA QUINTA AND TRANSOL USA, INC. REDLIGHT CAMERA ENFORCEMENT PROGRAM This REDLIGHT CAMERA ENFORCEMENT PROGRAM SERVICE PROVIDER AGREEMENT ("Agreement") made this day of April, 2005, by and between Transol USA, Inc., a Delaware corporation, having a place of business at 1815 W 205th Street, Suite 106, Torrance, CA 90501 ("Transol"), and the City of La Quinta, a municipal corporation of the State of California, having a mailing address of P.O. Box 1504, City of La Quinta, CA 92247-1505 and a physical address of 78-495 Calle Tampico, City of La Quinta, CA 92253 ("City"). City and Transol are collectively referred to hereinafter as the "Parties," and each singularly, a "Party". RECITALS: WHEREAS, the City desires for a one-year test period to contract Transol to provide Photo Enforcement equipment, processing and other services to assist the City to enforce its traffic laws; WHEREAS, the City believes that the use of an automated Photo Enforcement system(s) will benefit the public's health, safety and welfare; WHEREAS, Transol has the expertise and experience to furnish, install, operate and maintain an automated Photo Enforcement system(s) and its related services; and NOW THEREFORE, for and in consideration of mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties hereto agree as follows: 1.0 SCOPE OF SERVICES 1.1 Transol agrees to provide to the City the services briefly described below and more fully described in Exhibit A and Transol's proposal "Doc ID: 10117R044v1 Issued November 23, 2004 ". The Services shall include: (i) the equipment (the "Equipment") and software (the "Software") (collectively, the Equipment and Software shall be referred to collectively hereinafter as the "System"), to be supplied and installed by Transol in accordance with Exhibit A; (ii) violation processing services; (iii) training of City personnel involved with the operation of the proposed technologies system as defined in Section 12.A .l of Exhibit A; and n r 882/026794-0004 J 10 244301.03 a04/27/05 4 (iv) other support services for the System as defined in Sections 13, 14, 15, 16 and 17 of Exhibit A. 1.2 The City understands and agrees that (i) Transol may subcontract with qualified, properly licensed third parties for the provision or installation of part or parts of the System or Services and (ii) installation of the System requires the City's cooperation and compliance with Transol's reasonable and lawful instructions (including but not limited to City's provision of the available personnel, equipment, engineering plans, and other resources as described in Exhibit A or as otherwise reasonably requested by Transol) and reasonable access by Transol (or such third parties) to City premises and systems and the City agrees to provide all of the foregoing to Transol, provided that it may be done without the disruption of City business. The City further agrees that the dates of installation and activation of the System set forth in Exhibit D may be subject to conditions beyond the control of Transol. In the event Transol should subcontract provision or installation of part or parts of the System, Transol shall require each such subcontractor to provide insurance in favor of City in the amounts, and in conformance with the requirements, set forth in Section 7 "Insurance", and shall further require the subcontractor to execute an indemnity provision which provides to the City, at a minimum, the protections it is entitled to under Section 6.2. 1.3 The City understands and agrees that the System will be owned by Transol (or its designees). The City agrees to indemnify and hold Transol harmless for and from any damage to the System caused by the City or any of the City's employee's acting in the course and scope of their employment. The City agrees that it will use reasonable efforts to assist Transol to identify and obtain compensation from any third party who is responsible for damage to the System or any part thereof. 1.4 TRANSOL shall be responsible for obtaining all necessary permits, licenses, and approvals for the installation of its System, and shall fully comply with all legal and regulatory requirements in doing so. 2. TERM 2.1 The Term of this Agreement shall be for a period as specified in Exhibit C hereto and starting with the commencement of the Base Operational Phase, as defined in Section 2.3, for a twelve (12) month "Beta Period", with two (2) one-year option periods which may be exercised by the City in its sole and absolute discretion . 2.2 Should the City elect to add additional Systems, they shall be included within the current Term and shall be subject to the same terms and conditions of this Agreement. 2.3 Description of Phases O lmplementation/Installation Phase is defined as the period during which Photo Enforcement equipment, Police and Court systems, and Transol Violation Processing System are supplied and or installed and made operational and ready for ticketing purposes. (b) Base Operational Phase is described as the on -going ticketing operation beyond the implementation/Installation Phase. An. —: 3. TERMINATION AND EXPIRATION 3.1 This Agreement may be terminated in advance of its automatic expiration by either Party if the other Party defaults in the performance of any obligation under this Agreement and such default continues for more than thirty (30) days after written notice specifying cure period thereof to the defaulting Party. Termination of this Agreement pursuant to this Section 3.1 shall not relieve the breaching Party of any liability it may have under this Agreement or pursuant to law to the non - breaching Party. 3.2 Transol may terminate this Agreement, or its provision of any Service or any part of the System, without liability, and with no termination or cancellation fee charged to the City, on thirty (30) days advance written notice, if Transol concludes in its sole discretion that potential or actual liability of Transol to third parties arising out of or in connection with the System makes the program impractical, uneconomical or impossible to continue. 3.3 Upon termination or expiration of this Agreement, the City shall immediately cease using the Software and Equipment in its possession, custody or control and shall (a)(i) immediately deliver to Transol such Equipment and (ii) immediately deliver to Transol or irretrievably destroy, or cause to be so delivered or destroyed, any and all copies of such Software in whatever form and any written or other materials relating to such Software in the City's possession, custody or control and within thirty (30) days deliver to Transol a certification thereof or (b) allow Transol access to the system(s) on which such Software is loaded and permission to Transol to remove such Equipment and Software. Termination or expiration of this Agreement shall not relieve the City of any obligation to pay fees or other amounts due or accrued prior to such installation or termination. 3.4 If at anytime automated red light enforcement is determined by the City Attorney to no longer be legal in the State of California, or its continued use may impair the City's access to federal funding or other benefits to which it might otherwise be entitled or eligible, this Agreement may be terminated by the City with 30 days written notice without cost. 3.5 If at anytime, the statutorily assessed fine amount allocated to the City (currently $ ) falls below Dollars ($ and as a result either Party concludes that potential or actual costs or liability arising out of or in connection with the System makes the program impractical, uneconomical or impossible to continue, this Agreement may be terminated by either Party without cost upon 30 days written notice. 3.6 If for any reason the City determines, in the City's sole and absolute discretion, that it is in the City's best interest to terminate this Agreement, the City may, upon thirty (30) days prior written notice to Transol, cancel this Agreement without cost. 4. FEES AND PAYMENT 4.1 The City agrees to pay Transol a fee (the "Fee") for Systems and Services as set forth in Exhibit B. During the Beta Test Period, in no event shall the Fee exceed the statutorily assessed fine amount allocated to and actually received by the City for the approaches covered by the Agreement ("the City Revenue") for the time period covered by the Fee. 0 4.2 Unless otherwise agreed, Transol shall invoice the City monthly for Services provided during the previous calendar month. Except as otherwise set forth in this Agreement, and subject to the no deficit spending guarantee in the Beta Test Period, any sum due to Transol pursuant to this Agreement shall be payable within thirty (30) days after receipt by the City of a correct invoice from Transol. 4.3 A "correct" invoice, which can either be mailed to the City or sent by facsimile transmission or electronically, shall contain (i) Transol's name and invoice date, (ii) description, price and quantity of the Systems and Services actually delivered or rendered, (iii) name (where applicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent, (iv) other substantiating documentation or information as may reasonably be required by the City from time to time, and (v) an summary of the City Revenue associated with the approaches during that time period. 5. RESPONSIBILITIES OF THE CITY 5.1 The City shall provide Transol with such "as built" drawings as are in the City's possession which Transol, in Transol's reasonable discretion, may require for the preparation of drawings for the installation of the System and shall process Transol's engineering drawings without unusual or unreasonable cost or delay. 5.2 The City shall not levy any permit fees or, if municipal ordinance requires the assessment of fees, the City shall waive or be responsible for such fees associated with the installation of the System. 5.3 The City acknowledges that Transol has entered into this Agreement with the expectation that the City will diligently follow all procedures to forward each Citation for prosecution. To the extent that is customary and usual in the City's current practice, the City further agrees to cooperate in the prosecution, provide the necessary witnesses therefore, and to defend the issuance of traffic citations, provided Transol shall be responsible for fully reimbursing the City for any and all expenses the City incurs, directly or indirectly, related to any challenges to the use of the System in the issuance of any particular Citation, the validity of the results of the System in the issuance of said Citation and/or the use of the U.S. Mails to deliver said Citation. The reimbursement shall be made within thirty (30) days of the date the City submits its request for reimbursement. The reimbursable items shall include, but not be limited to, attorneys fees for the counsel of the City's choice, expert witness fees, litigation costs, court costs, compensation for City staff time, and any and all charges passed on to the City by the Riverside County Sheriff's Department relating to any such challenges. Transol may also, at its own expense, participate in any proceeding challenging the use of the System or validity of its results and/or use of the U.S. Mails to deliver the Citation. 5.4 Subject to Exhibit A, the City shall provide all electrical power required by the System and access at the respective intersections. In the event that City determines that sufficient electrical power capacity is not available, Transol shall pay for the upgrading of the existing electrical service. If City determines that existing electrical service is not upgradeable, Transol shall pay for installation of an additional service pedestal at the respective intersection. The City shall be responsible for ongoing electrical usage charges associated with the Service. 7 JO 7 5.5 Except as otherwise required by law, during the term of this Agreement, the City shall not modify the yellow or all red phases of a traffic signal without advising Transol in advance of such modification; provided, however, that in the event of an emergency, the City may make such modifications, provided it provides notice to Transol within forty-eight (48) hours after any such modification. 5.6 The City shall provide such staff assistance as may be required for Transol to obtain any information from the Court(s) or other governmental instrumentalities necessary or desirable for Transol to track payments on the City's behalf, to provide for proper invoicing and reporting for the City and to otherwise provide the Services. To the extent that the City is required to utilize the services of the City Attorney's office to provide this assistance, Transol shall be required to reimburse the City for all charges imposed by the City Attorney's office. 5.7 During the Term of this Agreement, except as expressly permitted by this Agreement, the City shall not use the System, or allow the System's use by a third party, without the prior written permission of Transol. 5.8 Project Managers - To facilitate effective communication and to achieve order and accountability in the performance of the Parties' obligations under this Agreement, the Parities shall designate a Project Managers. The Project Managers shall have the power and authority to make management decisions relating to the implementation of this Agreement in a timely manner, but shall not have the authority to change or modify the terms and conditions of this Agreement. The Parties may change their designated Project Managers from time to time upon written notice to the other Party. The City hereby designates its Public Works Director as the City's Project Manager. Transol hereby designates as the Transol Project Manager. 6. WARRANTIES, INDEMNITIES AND LIABILITIES 6.1 WARRANTIES Transol hereby represents and warrants that: (a) the System supplied hereunder will be of good workmanship and of proper materials. Transol shall perform its Services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawing, plans, information, specifications, and other items and services furnished under the contract. Transol shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in performing its Services. (b) it has not entered into agreements or commitments which are inconsistent with its obligations hereunder, or with the rights granted to the City herein; and (c) for the duration of this Agreement, Transol warrants that the operability and functionality of the Software and Equipment used pursuant to this Agreement shall be sufficient to satisfactorily perform this Agreement in accordance with its terms and all applicable laws and regulations. The City's sole and exclusive remedy and Transol' sole obligation for the breach of the 8 n� warranties set forth herein shall be for Transol to repair, replace or correct the defective software or equipment sufficiently to satisfactorily perform this Agreement. 6.2 INDEMNITY Transol shall defend, indemnify, and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, for injury to or death of person(s), for damage to property (including property owned by City) relating to or arising out of any of the following: (1) the acts or omissions Transol, its officers, employees subcontractors, and agents; (2) Transol's Equipment; (3) Transol's Software; (3) the Services; (4) the System; or (5)Transol's performance or failure to perform under this Agreement. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Transol shall provide a defense to the Indemnified Parties, or at the City's option, Transol shall reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Transol shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 6.3 DAMAGE TO PROPERTY Notwithstanding any other provisions of this Agreement, each Party shall promptly reimburse the other for damage it or its employees or agents caused to the others equipment or property used in the performance of this Agreement. 7. INSURANCE 7.1 Transol represents that it and its employees are protected against the risk of loss by the following insurance coverage: (i) Comprehensive general liability insurance with a combined single limit of Three Million Dollars ($ 3,000,000.00) per occurrence; (ii) Comprehensive Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by Transol with a minimum One Million Dollars ($ 1,000,000.00) per occurrence combined single limit bodily injury and property damage. Each such insurance policy shall name the City and its officers, officials, members, employees, agents and representatives (collectively, "City and City Personnel') as an additional insured. In addition, all such insurance: (i) shall be primary insurance and not contributory with any other insurance City and City Personnel, or any of them, may have; (ii) shall contain no special limitations on the scope of protection afforded to City and City Personnel; 0 (iii) shall be "date of occurrence" and not "claims made" insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurer's liability; (v) shall provide that the policy (a) shall not be cancelled by the insurer or Transol unless there is a minimum of ten (10) days prior written notice to City, and (b) shall not be non - renewed by the insurer or Transol unless there is a minimum of fifteen (15) days prior written notice to City; (vi) shall be written by a California admitted insurer with a Best rating of not less than B+, Class X; and None of the above described policies shall require Transol to meet a deductible or self - insured retention amount of more than Ten Thousand Dollars ($10,000.00) unless approved in writing by the City Manager of the City in his/her sole and absolute discretion. 7.2 Transol also represents that it and its employees are protected against the risk of loss by Workers' Compensation insurance as required by the State of California Labor Code. Such insurance shall: (i) be endorsed to include a waiver of subrogation rights against City and City Personnel; and (ii) shall provide for notice of cancellation as described in subparagraph 7.1(v) above. Such policies shall be written by a California licensed insurer with a Best rating of not less than B+, Class X. 8. RULES AND REGULATIONS The employees, agents and sub -contractors of Transol, while providing Systems and Services pertaining to this Agreement, shall obey all pertinent rules, regulations and laws. 9. MISCELLANEOUS 9.1 SCHEDULES INCORPORATED BY REFERENCE The following Schedules are attached hereto and are incorporated herein. Exhibit A: Services Exhibit B: Pricing Schedule 10 9.2 RELATIONSHIP OF THE PARTIES Transol is performing pursuant to this Agreement only as an independent contractor. Transol has the sole authority and obligation to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement except as otherwise agreed upon by the parties. 9.3 CONSUMER PRICE INDEX 9.3.1 The Price for calendar years subsequent to the initial year may be adjusted by Transol to reflect increases in costs of providing the System and Services; provided, however, that the increase in the Price shall not exceed the percentage increase in the Consumer Price Index -Urban during the twelve-month period preceding Transol's notification of such price increase under this section, unless material changes require a greater appropriate adjustment. Transol will notify Customer of the new Price not later than the last day of September of the year preceding the year for which such adjusted price applies. 9.3.2 As used herein, the term "Consumer Price Index" means the Consumer Price Index for All Urban Consumers (CPI-U), All Items, U.S. Average (1967=100), which is now compiled with the U.S. Department of Labor, and shall mean and include such other index or statistics as may succeed it, as adjusted to account for any change in the standard reference base year. 9.4 EQUAL EMPLOYMENT OPPORTUNITY Transol agrees that on the selection of any subcontractor or the use of workmen or employees that Transol will not in any way discriminate against any person, company or corporation due to race, sex, sexual orientation, age, nationality or origin. 9.5 PROTECTION OF WORKERS Transol agrees to adequately and properly protect its workers and to adhere to and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the work and shall comply with all OSHA requirements. 9.6 EQUIPMENT/SOFTWARE 9.6.1 It is understood by the City that the Equipment/System being installed by Transol is, and shall remain, the sole property of Transol or its nominee. The equipment/System is being provided to City only under the terms and for the duration of the term of this Agreement. 9.6.2 Transol shall hold harmless, defend and indemnify the City from all claims, demands, loss or actions arising out of any alleged patent infringement concerning the System/equipment used herein in the performance of this Agreement. Transol's obligations under this paragraph shall provide the City with the same rights as set forth in Section 6.2, and Transol shall have all duties and obligations set forth therein. 371 11 9.7 NOTICES Wherever one party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when delivered in hand, via overnight courier with signature required, or three (3) days after being mailed by first-class United States mail, postage prepaid, and addressed as follows: In the case of the City: Tom Genovese, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 In the case of Transol: David Cochrane, Chief Operating Officer Transol USA, Inc. 3443 N. Central Avenue, Suite 1010 Phoenix, AZ 85012 Either party may from time to time change its designated recipient or address for notification purposes by giving the other party written notice of the new designated recipient or address and the date upon which it will become effective. 9.8 SEVERABILITY If, and only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law. J 0.0 12 9.9 WAIVER No delay or omission by either party in the exercise of any right or power shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties of any of the covenants, conditions or agreements to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. No change, waiver, or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such change, waiver, or discharge is sought to be enforced. 9.10 REMEDIES All rights and remedies set forth in this Agreement, including but not limited to those rights and remedies set forth in Section 6, shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise, and may be enforced concurrently or from time to time. 9.11 SURVIVAL OF TERMS Termination or expiration of this Agreement for any reason shall not release either party from any liabilities or obligations set forth in this Agreement which (i) the parties have expressly agreed shall survive any such termination or expiration, or (ii) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. 9.12 HEADINGS AND INTERPRETATION The Article and Section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. 9.13 GOVERNING LAW The construction, enforceability, validity, and interpretation of this Agreement shall be governed and construed in accordance with the laws, other than the choice of law rules, of the State of California ^ 73 13 9.14 ENTIRE AGREEMENT AND MODIFICATION This Agreement, including any Exhibits and any documents referred to in this Agreement or attached hereto, each of which is incorporated herein, constitutes the entire and exclusive statement of the agreement between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to this Agreement which are not fully expressed herein. The parties agree that any other terms or conditions included in any quotes, acknowledgments, or other forms utilized or exchanged by the parties shall not be incorporated herein or be binding unless expressly agreed upon in writing by authorized representatives of the parties. No modification, change or amendment hereof shall be valid unless such is in writing and signed by the authorized representative of the party against which such modification, change or amendment is sought to be enforced. 9.15 MISCELLANEOUS 9.15.1 Attorney's 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 attorney's fees and costs of suit from the losing party. 9.15.2 Venue — If either party commences an action against the other party arising out of or in connection with this Agreement, that action shall be prosecuted in a superior court in the County of Riverside, City of Indio, California. 9.15.3 Except as specifically provided in this Agreement, this Agreement shall be binding on the parties and their respective successors and may not be assigned, nor may performance be delegated, by either Party without the express written consent of the other Party. law, 9.15.4 This Agreement has been entered into in California and is government by California [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 14 IN WITNESS WHEREOF, Transol and the City have each caused this Agreement to be signed and delivered by it's duly authorized representative as of the date first set forth above. CITY OF LA QUINTA By: Name: Title: Approval as to form: CITY ATTORNEY BY: Name: TRANSOL USA, INC. By: Name: Title: 15 Exhibit A SERVICES I. Technical Scope I.A. Equipment: Transol shall provide install and support all equipment including, but not limited to, poles, cabinets and related operational equipment at the intersections selected by the City. A complete description of the equipment proposed and approaches covered shall be furnished to the City prior to the City's execution of this Agreement. In addition, Transol shall provide a "Vehicle Code Compliance Plan" prior to the City's execution of this Agreement that demonstrates that it's Service will be provided in strict compliance with the California Vehicle Code provisions governing red light camera programs. The Vehicle Code Compliance Plan shall be subject to the approval of the City Attorney and the Police Chief LB. Overall Requirements: The proposal shall address the following proven equipment capabilities: I.B.I. The Camera System shall record images on magnetic media. Film based systems are not acceptable. I.B.2. The Camera System shall not require detection technologies that are cut into/embedded in the road surface. 1.B.3. The Camera System shall be modular in construction and will facilitate rapid installation and maintenance. Installation procedures will minimize disruption to site traffic flows. 1.B.4. The Camera System shall generate secured, multiple -view violation evidence that can be communicated to and processed using Transol-supplied or operated photo enforcement processing systems. I.B.5. The Camera System shall be fully suitable and functional for unattended use under all weather and ambient light conditions. 1.B.6. All Camera System component operations shall be synchronized to a standard, independent, external and verifiable time and date source. 1.B.7. The System shall support `wanted vehicle' and/or dual red/speed upgrades. 1.13.8. The System shall be capable of being flexibly configured to address the specific number of lanes to be enforced at each direction of travel at the site. 16 2. Functional Requirements: 2.A. The system shall be capable of identifying vehicles traveling through a signalized intersection during the `red' signal phase and recording a series of violation images that track the whole violation event from before the stop -bar and through to exiting the intersection. 2.B. `Scene' images will be captured to display the red signal in the vehicle's direction of travel. 2.C. The System shall be capable of capturing multiple, license plate images displaying the characters and numbers on reflectorized and non-reflectorized license plates. 2.D. The System shall be capable of capturing multiple drivers face images. 2.E. The System shall be capable of detecting and capturing evidence of violation by slow moving vehicles and long wheel base vehicles. There shall be no minimum `threshold speed' for effective vehicle presence/violation monitoring and for evidence capture. 2.F. In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of left -turn violations, including violations by slow moving left -turn vehicles or `California stops'. 2.G. In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of right -turn violations. 3. Camera Unit Housing: The camera unit housing shall be a complete stand alone system mounted to a pole separate and independent of City's infrastructure and which shall be compatible with City's infrastructure. 3.A. Sealed to be weather, dust, water and spray resistant. 3.B. Securely lockable. 3.C. Finished in baked enamel, powder coated, or other similar weatherproof finish. Color shall be approved by the City. 3.D. Capable of being securely mounted to a Transol supplied pole representing a stand alone system and compatible with City's intersection infrastructure by agreement with the City. 3.E. Shall neatly, internally contain all cable assemblies and terminal blocks. 3.F. Shall occupy a minimal space envelope with the longest side being no greater than 24" (and preferably smaller) to minimize negative aesthetic impact on the streetscape. 7 17 3.G. Shall locate system processors in separate securely locked cabinets to maximize protection for system operations and to facilitate maintenance without disruption to passing vehicle traffic. 4. Imaging Units 4.A. Each imaging unit's operation shall be microprocessor controlled and fully automatic. 4.B. Each unit shall record images at 30 frames per second or faster. 4.C. Units shall allow aperture adjustment. 4.D. Units shall support optional emergency monitoring of the intersection. 5. Traffic Signal Detection S.A. Transol will offer options for signal phase detection that do not require connection to the traffic signal controller in addition to opto-isolated detection systems for the City's selection. Any signal phase detection system shall be capable of: 5.A.1. Detecting and identifying each traffic signal phase. 5.A.2. Monitoring and recording the number of seconds during which the signal has been in the prior amber or red phase (to an accuracy of 0.01 of a second or better). 6. Violation Detection System Any system to detect potential red light running violations shall be: 6.A. Non -intrusive i.e. not utilize in -road sensors or loops. 6.B. Modular and movable between enforcement sites. 6.C. Direction sensitive. 6.D. Lane specific Capable of capturing multiple -image sets that may be reviewed to confirm vehicle presence prior to the stop bar during processing. Each of these images shall display a data bar as specified in 7.J. 6.E. Not based on estimated vehicle speed. 7. Camera System Operations The camera system shall: 7.A. Be capable of on -site or remote activation and maintenance support. 378 18 7.B. Allow for `delay into red' to be set before evidence of violations is recorded during the red signal phase, with the delay to be adjustable (in hundredths of a second or less). Delay into Red time to be determined by the City Public Works Department in consultation with City Police Department. 7.C. Record multiple -image sets for each of the `scene', `face' and license plate face evidentiary requirements required to prove a violation. 7.D. All images in each set shall display data bars as specified in 7.J. 7.E. Record event -specific evidence to substantiate multiple, simultaneous and/or concurrent violations occurring during any red signal phase. 7.F. Count the number of violations. 7.G. Record dual -view scene image sets with one set showing a series of rear -shot views of the vehicle's approach to and travel in the intersection, and the second set showing clear, unobstructed views along the length of the stop bar to provide visual records of vehicle movement before and across the stop bar with time into red on the recorded data bar. 7.H. Allow a malfunction to be easily identified and debugged on-line. The system shall: 7.H.1. Perform self -test on set-up. 7.H.2. Simulate a violation being recorded for testing. 7.H.3. Communicate error messages. 7.H.4. Record time and date of system shutdown in the event of a malfunction. 7.I. Record data pertinent to each violation in a flexibly configured data bar that is embedded onto recorded image. With each scene, license plate, stop bar detection (and face) images that may be used to prove the violation. 7.J. The data bar embedded to violation images shall contain the following information for each violation. 7.J.1. Unique violation identifier incorporating the City/County ID. 712. Location identifier (text) and preferably GPS co-ordinates. 7.J.3. Date (MM/DD/YYYY) or (DD/MM/YYYY). 7.J.4. Time (24-hour clock). 7.15. Direction of travel. 7.J.6. Traffic signal phase. 7.J.7. Time into the `red' phase. 7.J.8. Duration of the prior `amber' phase. 7.J.9. Vehicle lane of travel. 7.J.10. Technology supplier. 7.J.11. Camera ID. 79 19 7.K. Encrypt violation images and data to ensure security of primary evidence. 7.L. The system captures high quality images over 24 hours without requiring the use of white flash lighting. 7.M. Any illumination technology shall be modular and capable of easy relocation or replacement. 8. Violation Processing Technologies 8.A. There shall be no requirement to install Transol-processing software on the City's systems. 8.B. The Transol will operate fully Internet -enabled violation processing services with the functionalities described in section 8.D for the City and will pre-process violation evidence before making it available for police authorization, notice printing and issuance. Only events that have been authorized by assigned City Officers may progress to notice printing. 8.C. All accesses to the violation processing system for the purpose of pre-processing evidence, police authorization, notice printing, payments tracking, and generation of courts evidence packages shall be Internet enabled and shall be accessible 24 X 7 as convenient for authorized users. 8.D. The violation processing system shall provide the following functionalities: 8.D.1. Internet Web -enabled access and operation. 8.D.2. Secure user log -in and access control procedures. 8.D.3. Processing support for both red light and/or speed enforcement and ticketing as maybe applicable. 8.D.4. Automatic presentation of images and data captured by the camera system onto review PC's. 8.D.5. Easy review of violation evidence against local regulations. 8.D.6. Ability to both view individual frames in any sequence and to `play' multiple -image sets and record as a `movie' display. Scene, plate, stop bar detection validation and face record as video display and ability to view individual frames in any sequence. 8.D.7. Ability to select any two images from the multiple -image rear -shot scene set in order to `prove' the violation (and subsequently printing these to the notice). 8.D.8. Ability to `crop' a license plate image area from the optimal license plate image in the multiple -image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice. 8.D.9. Ability to `crop' the driver's face area only from the optimal frontal -shot vehicle image in the multiple -image frontal face set to establish driver ID, and subsequently print this to the notice. .3 20 8.D.10. If the rear -shot scene image of the vehicle prior to the stop bar on red is obscured for any reason, the ability to review an additional image set that displays clear views of vehicle movement along the length of the stop bar (intersection line) i.e. across the direction of travel. 8.D.11. Ability to `accept' or `reject' violation sets and record rejections. 8.D.12. Ability to review `accepted' violation sets for Police Authorization purposes and select alternative scene images to prove the violation if desired. 8.D.13. Ability to generate printed warning letters (during the first 30 days of program operations at the Authority's discretion). 8.D.14 Ability to automatically generate printed traffic notices. 8.D.15 Ability to automatically print authorized violation images (2 scene images, the cropped license plate and optionally, a cropped driver's face image) to the notice. 8.D.16. Ability to store and archive all processed violation evidence into a secured database. 8.D.17 24X7 ability to access any stored violation image from the system database subject to agreed archived rules. 8.D.18 24X7 ability to request and immediately view Courts Evidence Package image sequences displayed as video or as either individual high resolution still shots or send selected images to printing locally. 8.D.19 Ability to support public viewing requests. 8.D.20.24X7 ability to immediately view and print standard and City defined `wizard' reports. 8.D.21. Secured access control and automatically generated Electronic Audit Trails. 8.D.22. Encryption and decryption management. 9. Transol's Processing System Transol's processing system shall be capable of immediately generating operations reports 24X7 including: 9.A. Number of violations recorded. 9.13. Count of violations where notices not prepared. 9.C. Notices prepared and mailed. 9.D. Status of notices issued (outstanding, canceled, reissued and so forth). 10. Transol's System Transol's System must be capable of exporting data and images to Microsoft Programs (word or Excel) or export them in standard file formats for use in other programs (.txt, .jpeg, bmp, etc...). 21 11. Transol Reports Transol shall also supply reports of- 1 I.A. Camera equipment hours of service and hours lost. 11.B. Number and description of camera or other equipment malfunctions 12. Program Service Training Requirements - Transol will provide all training in the operation of the proposed technologies system to assigned City Personnel. Transol will provide the training to all personnel in a classroom setting not to exceed 8 people per class. Transol will specify requirements for training delivery and training program assets to be provided. 13. Public Relation Support Services - Transol will provide professionally resourced public information support services to include strategy development, the production of proposed program assets (to be specified by the Transol). The public relations campaign will be consistent throughout the contract period. Transol shall describe how its proposed solution will enhance public support for program operations. 14. Expert Witness Testimony - Transol will provide, at its own expense, Expert Witnesses to testify as to the accuracy, operations and reliability of the red light camera system and related equipment for contested violations and will propose additional services to reduce the incidence of contests and to efficiently manage likely contests. 15. California Customer Support Services - Customer support services will be provided by Transol through its own customer support facility to be located within California. 15.A. Prompt system maintenance services to all installed technologies. 15.B. Expert consultancy services to support selection of enforcement sites. 16. System Verification - System reliability for reporting violations shall be consistently demonstrated. Contractor shall provide evidence of proper system operation on a quarterly basis to ensure there are no "false" violations recorded. 17. Signage "Photo Enforced" 17.A. Transol shall, at its own expense, be responsible for the installation of signage at all red light camera installed signalized intersections. On the signal pole of the photo enforced intersection where the mast arm connects to the pole, an SR56 sign (42"00") shall be installed. The top sign, W3-3 (30"00") shall be image of a traffic signal head. The bottom sign shall be R10-19 (24"x36") 7" letters (PHOTO ENHANCED).The signage at all approaches to the intersection shall be installed 500 feet in advance of each intersection leg that is photo enforced. The sign shall be placed on a 4 inch x 4 inch wood post and the bottom sign shall be installed at a height of 7 feet from grade. 17.B. The City shall, at its own expense, be responsible for the installation of signage at all J 8 � 22 roadway approaches leading into the City. The signage shall be installed at all approaches at the City limit boundaries. The sign shall be placed on a 4 inch x 4 inch wood post.and installed at City Limits and on Arterial streets. The signs shall be R10-18 (24"x36") "Traffic Laws Photo Enforced". The signs shall be installed with a 7' minimum clearance to grade. 23 EXHIBIT B PRICING SCHEDULE Per approach pricing An Approach is defined as one direction of travel of one or more lanes on a road or at a traffic intersection. Each approach system shall provide front driver and rear license plate photos, and a wide- angle intersection view showing the violator vehicle both before and after entering the intersection. Pricing below is provided for Dual -Camera RI-RLCTM systems (providing the optimal Rear -Plate and Frontal —Face imaging for driver ID as per CA law). Dual Imaging, Front and Rear PRICING PER INTERSECTION APPRnern SYSTEM CONFIGURATION FIXED MONTHLY FEE NOTES STRAIGHT THROUGH & LEFT 7TJRNLANES`' 1 Lane of Traffic $ 4,697 2 Lanes of Traffic $ 4,829 3 Lanes of Traffic $ 5,013 4 Lanes of Traffic $ 5,350 RIGHTON RED *Single Right Turn Lane Upgrade I $ 1,070 lin addition to the pricing above A lane may be either straight through lanes, and/or left -turning lane(s). There is no price increase for monitoring of left -turn lanes within the total of 4 lanes. For Approaches greater then four lanes, multiple systems may be deployed. "Stop Loss" Guarantee The parties recognize that numerous factors beyond the control of either party may impact actual ticket issuance at intersections; therefore it is agreed that in no event shall the City be required to enter into deficit spending in order to maintain operation of any intersection during the Beta Phase of the program. If, at the end of the sixth month of the Beta Phase and for each month thereafter, the accumulative value to the City of all paid citations, ("the City Revenue") is less than sum of the Fees paid to Transol ("Transol Fees"), then Transol will adjust the monthly Fee for one or more months until the City Revenue is equal to or greater than Transol Fees. Similarly, Transol shall not be required to maintain operation of any intersection, in the event any intersection fails to meet a minimum fee status for fifty percent (50%) of the monthly fee in any six (6) month period. �� 24 EXHIBIT C CONTRACT PERFORMANCE BETA TEST PERIOD The Program's "Beta Period" is defined as the first twelve months of the Base Operational Phase. Notwithstanding anything contained in this Agreement to the contrary, and on the first anniversary of the commencement of the Base Operational Phase, this Agreement shall terminated automatically unless 30 days or more prior to the automatic termination, the City, acting in its sole and absolute discretion, provides TRANSOL with 30 days written notice of the City's election to exercise Option 1 to extend the Agreement for an additional year. If the City exercises Option 1, then the Agreement shall automatically terminate on the second anniversary of the commencement of the Base Operational Phase, unless 30 days or more prior to the automatic termination date, the City, acting in its sole and absolute discretion, provides TRANSOL with 30 days written notice of the City's election to exercise Option 2 to extend the Agreement for an additional year. Upon termination, TRANSOL agrees to remove the System(s) within 30 days and cease Services. TRANSOL shall, at its sole costs, restore all areas in which its System was installed to the condition they were in prior to the installation. The restoration shall be completed to the satisfaction of the Public Works Director. OPTION 1 At the end of the Beta Operational Phase as defined as the first twelve months the City may exercise the first option for an additional twelve months. OPTION 2 At the end of Option 1 as defined as the second twelve months the City may exercise the second option for an additional twelve months. 25 EXHIBIT D SCHEDULE 26 c&t�v 4 .%fP QumrA� COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Consideration of the Formation of an Audit Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 46-- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The fiscal impact would involve staff time in coordinating the meeting, noticing the meeting, preparing staff agendas and preparing minutes of the meeting. In addition, additional costs may consist of payments to committee members which would require a budget appropriation, and any additional fees that the CPA firm may charge for attending these meetings. It is anticipated that there would typically be two meeting and final meeting to discuss the audit. required if the audit committee is involved in th selection process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: e meetings per year, a kick-off Additional meetings may be Request for Proposal (RFP) Unlike publicly traded corporations, which are , subject to the American Competitiveness and Corporate Accountability Act of 2002, commonly known as the Sarbanes-Oxley Act (SOX), municipal governments are not required to have an audit committee. If the City Council wants to consider forming an audit committee along the lines of the SOX legislation, it may wish to consider several of its main provisions: r S 3 Each member of the Committee must be independent, which means they are not part of the management team and not receiving any compensation (either directly or indirectly) from the company as a consultant for other professional services, though board service may be compensated. The Board must have at least one financial expert. The audit committee is directly responsible for hiring, setting compensation, and overseeing the auditor' s activities. The SOX legislation requires that the lead and reviewing partner of the auditing firm rotate off of the audit every five years. At the recent Government Finance Officers Association (GFOA) meeting, there were several discussions on this issue (Attachment 1). The consensus was that if an audit selection committee would be mandated (most likely by the Government Accounting Office (GAO)), it would likely apply only to states and large municipalities that receive large amounts of federal funding. Staff has contacted the various Cities in the Coachella Valley and found that the Cities of Palm Desert and Indian Wells have some form of Audit Committee. The City of Palm Desert has a Finance and Investment Committee that has created an Audit Subcommittee. The Audit Subcommittee consists of six members as follows: Mayor City Manager Finance Director Community member from the Finance and Investment Committee A Finance Director from another City in the Coachella Valley The Finance Operations Manager The City of Indian Wells has the Mayor and Mayor Pro Tem, City Manager, and Finance Director serve on a Committee for selecting the auditors. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the formation of an Audit Committee; or 2 2. Do not approve the formation of an Audit Committee; or 3. Provide staff with alternative direction. Respectfully submitted, hn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. GFOA meeting agenda ;So 3 ATTACHMENT JJJ ceitivl 4 .fPQu«rw COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Consideration of a Golf Oversight Committee for SilverRock Resort RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: T Indeterminant at this time. City and Landmark staff time would be required to prepare for any additional meetings for this committee. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 7, 2005, the City Council requested that a Business Item be brought forward for discussion by the City Council for considering a Golf Oversight Committee for the SilverRock Resort. Staff has investigated other public golf courses and found the following: The City of Palm Springs does not have an Oversight Committee or any monthly advisory meeting for their golf operations. Any issues that may need to be addressed are brought before the Parks Commission. The Parks Commission does not have a regularly scheduled agenda item for golf operations. The City of Indian Wells has a monthly Golf Committee Meeting. The Golf Committee consists of two City Council Members, two residents, four hotel managers, the City Golf Director, and management employees from the golf management company. The City of Palm Desert has a monthly President's Committee Meeting. The committee was originally formed to oversee the food and beverage operation of which the City Manager is the President. The committee consists of the City Manager, 1-2 members of the RDA, the City Managers Secretary, the three Assistant City Managers, a representative from the Finance Department, the golf operations General Manager, and at least one representative from the golf management company. Currently the City Council is informed of developments at SilverRock Resort via the Items of Interest (Attachment 1) as well as the Public Works Department Report (Attachment 2) which includes a report by the Golf and Parks Division on the comp play and fiscal status of SilverRock Resort. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Designate a Golf Oversight Committee for SilverRock Resort and identify the members to be included on that committee; or 2. Direct staff to revise the reporting for SilverRock Resort via the Public Works Department Report; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jona on, P.E. Public Works Director/City Engineer Approved for submission by: Lc Thomas P. Genovese, City Manager Attachments: 1. SilverRock 1O1's for the week of July 1, 2005 2. Public Works Golf Report for June 2005 3�J 2 ATTACHMENT 1 SILVERROCK ACTIVITIES • The County Health Inspector evaluated the Food and Beverage service at SilverRock on Tuesday and gave the operations another "A." • The golf course fairways and driving range are being aerated this week. Because there is no top dressing with sand involved in aerating fairways, there is little disruption to play. Aeration is necessary to relieve soil compaction and allow air and nutrients to enter the soil and root zone. • The sand bunker conversion is nearing completion. The only bunkers remaining are the completion of Hole No. 16 and the left bunker on Hole No. 1, which will also include two large trees. • United Irrigation continues to reset sprinklers and irrigation lines, which have settled since the system was originally installed. United has been marking the areas with temporary rows of marking flags. • Diversified Waterscapes is cleaning the water feature at the entrance of the SilverRock property. The appearance of the water feature should improve within a week. • SilverRock will participate in the September CVA Familiarization (FAM) Trip. There will be approximately 30-45 qualified meeting executives from the California, Southeast, Midwest, Chicago, and East Coast territories. 3 ATTACHMENT 2 Y-T-D Total COMP CATEGORY # Of Rounds April 2005 May 2005 June 2005 Media 39 14 8 17 Sales 23 4 2 17 Promotion 8 0 8 0 Golf Industry 7 5 2 0 VIP 4 4 0 0 Celebrity 4 4 0 0 PGA Comp 18 0 4 14 City 0 0 0 0 Charity / Gift Cert. 4 0 4 0 Bad Experience 0 0 0 0 Club Staff 67 21 26 20 Total 174 52 54 68 j i 4 SilverRock Resort Arnold Palmer Classic Course Un-audited Revenue Data Report June Revenue Month Actual Month Budget Revenue -Fees $ 100,589.75 $ 193,056.75 Revenue -Golf Shop $ 10,910.73 $ 17,550.00 Revenue-F&B $ 7,017.90 $ 16,200.00 Total Revenue $ 118,518.38 $ 226,806.75 MTD Actual Month Budget Rounds 1737 2700 Public * 1297 2160 Resident 372 540 Avg. Per Day 58 87.09677419 Public Rounds=Twilight, Wholesalers, Tournaments, Replays, PGA, & Tournaments 5 BUSINESS SESSION ITEM: P ORDINANCE NO. 419 AN ORDINANCE OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.04 (CITY COUNCIL) WHEREAS, Section 2.04.050 of Chapter 2.04 of the La Quinta Municipal Code (the "Code") concerns the City of La Quinta's (the "City") City Council and WHEREAS, the City will increase the City Council's monthly compensation by $200.00. WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMEND CHAPTER 2.04 CITY COUNCIL OF THE CODE AS FOLLOWS: Delete from 2.04.050, Compensation and reimbursement, the following: "six hundred fifty dollars" and replace with "eight hundred fifty dollars" The amended section reads as follows: Compensation shall be paid to each member of the city council in the amount of eight hundred fifty dollars per month. The Mayor shall receive additional compensation in the amount of seven hundred dollars per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the City. In recognition that on a daily basis members of the Council are incurring expenses for automobile use, phone use and other costs in performing these official functions, an amount equal to three hundred dollars per month shall be deemed equivalent to the actual and necessary use reimbursement for the Mayor and the Council Members representing regular expenses incurred in the Coachella Valley. Further, in the event a Council Member or the Mayor wishes to utilize a personal mobile phone rather than a City -issued mobile phone, an additional reimbursement amount of twenty-five dollars shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, and costs shall be reimbursed according to the City's adopted policy for such expenditures. The compensation amount will effective from July 1. 2005. "13 Ordinance No. 419 Amending Chapter 2.04 Council Compensation & Reimbursement Adopted: July 19, 2005 Page 2 SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council held on this 19th day of July, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) Ordinance No. 419 Amending Chapter 2.04 Council Compensation & Reimbursement Adopted: July 19, 2005 Page 3 APPROVE AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �~I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 419 which was introduced at a regular meeting on the 5th day of July, 2005, and was adopted at a regular meeting held on the 19t' day of July, 2005, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 4U �- BUSINESS SESSION ITEM: 7 ORDINANCE NO. 420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION CASE NO.: ZONE CHANGE 2005-124 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 21 st day June, 2005, hold a duly -noticed Public Hearing, and continued said hearing to the 5th day of July, 2005 to consider the request of the City of La Quinta Redevelopment Agency, for a Zone Change from Low Density Residential to Medium High Density Residential designation as shown on Exhibit A., and more particularly described as: A.P.N.: 604-032-022 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency, for a Zone Change from Low Density Residential to Medium High Density Residential designation; 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 to justify a Zone Change recommendation for approval as follows: This Zone Change is consistent the General Plan, in that the Zone Change category proposed is consistent with those goals, objectives, and policies in the General Plan Land Use Element and assists in achieving the Quantified Objectives of the General Plan Housing Element. 2. The Zoning Change is suitable and appropriate for the property involved because it is an existing Medium High Density use on a narrow shaped lot which is more suitable for the medium intensity development. 3. The new land use designation is compatible with the similar designations within the City because the property is accessible from Arterial streets. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning Commission review and approval of development plans, which will ensure adequate conditions of approval. 4 0� 3 Ordinance No. 420 Zone Change 2005-124 La Quinta Redevelopment Agency Adopted: July 19, 2005 Page 2 SECTION 1. The official Zoning Map for the City of La Quinta is hereby amended for those areas shown on Exhibit "A" attached hereto and made a part of the this Ordinance. SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places, designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on this 191h day of July, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) � �4 Ordinance No. 420 Zone Change 2005-124 La Quinta Redevelopment Agency Adopted: July 19, 2005 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California L ksR�t nnAr � Ordinance No. 420 Zone Change 2005-124 La Quinta Redevelopment Agency Adopted: July 19, 2005 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 420 which was introduced at a regular meeting on the 51h day of July, 2005, and was adopted at a regular meeting held on the 19'h day of July, 2005, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California REPORTS AND INFORMATIONAL ITEMS MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 1, 2005 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:10 a.m. by Principal Planner Fred Baker. B. Committee Members present: Frank Christopher, Bill Bobbitt, and David Thoms. C. Staff present: Principal Planner Fred Baker and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of May 4, 2005. There being no changes, it was moved and seconded by Committee Members Christopher/Thoms to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2005-826; a request of the City of La Quinta Redevelopment Agency for consideration of architectural and conceptual landscaping plans for an 80-unit multi -family residential project for the property located at 78-990 Miles Avenue. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff corrected the setbacks for the project. Staff introduced Frank Spevacek, and Jon McMillen from RSG and Robin Vettraino and Luke Taylor of NGA, the architect and landscape architect, who gave a presentation on the project. 4 G:\WPDOCS\ALRC\6-1-05 ALRC.doc Architecture and Landscaping Review Committee June 1, 2005 1. Committee Member Bobbitt Noted his residence was outside the 500-foot radius of the project and he did not believe he had a conflict of interest. 2. Committee Member Christopher asked how the developer to the west dealt with the units that were sitting on the property line. Mr. McMillen explained the wall was built long after the units were installed and each resident has added additional landscaping. 3. Committee Member Thoms asked for a definition of an organic DG. Mr. McMillen explained it would be a transition between the decomposed granite (DG) to the grass retention basin to the west. Committee Member Thoms asked if the retention basin to the west was grass. Mr. McMillen stated it currently was. Staff discussed changing this retention basin to DG as well and after discussion with the neighboring residents, who use the retention basin, it was determined to leave it as grass. 4. Committee Member Christopher asked if the units were for sale and the cost of construction. Mr. McMillen stated they would be rentals and the cost of the project is approximately $95.00/sq. ft. 5. Committee Member Thoms asked about the heat exchanger. Mr. McMillen explained this feature is an energy and conservation savings. He went on to explain how it functioned. Committee Member Christopher asked the material of the lattice work. Mr. McMillen stated they were metal. 6. Committee Member Christopher asked the maximum height of the buildings. The applicant stated they were 12 feet and the towers 17 feet, setback in the middle of the building. The common building is 12 feet and the maximum height is 20'6". 7. Committee Member Thoms asked the color of the patio and the parking trellis. The architect stated the dark accent color. The carports are metal corrugated roofs in the silver color. The support posts will be metal and the darker color. The low block wall will be a mixture of the two colors. Solar panels are on the individual units. f"3 G:\WPDOCS\ALRC\6-1-05 ALRC.doc Architecture and Landscaping Review Committee June 1, 2005 8. Committee Member Christopher stated the setback of the buildings on the west side seems greater than the setback on the east side. Mr. McMillen stated they are 22 feet on residential and 15 on the Church. Committee Member Christopher asked the width of the street. Mr. McMillen stated on narrowest part it is 26 feet. The islands are six feet wide. The drive lanes around the island narrow to 18 feet. 9. Committee Member Bobbitt asked if the 16 guest parking was for the entire development. Mr. McMillen stated yes with an additional two per rental space for a total of 42. He went on to show their location on the display. Staff stated they meet the Zoning Code requirements. 10. Committee Member Christopher asked if overnight parking was being prohibited. Mr. McMillen explained a management company will be obligated to do criminal background checks and yearly registration on all vehicles. Vehicles will be registered at the office and each tenant will be required to have car insurance. 11. Committee Member Bobbitt asked about the galvanized steel gate shown on Plan 1. Mr. McMillen stated it is a trash enclosure or enclosure on the commons building. Committee Member Bobbitt asked if they would be painted. The architect stated the material has not yet been determined. Committee Member Bobbitt asked what concerns were expressed by the neighbors. Mr. McMillen stated they were informed it would be an affordable housing project. After giving them the criteria based on State requirements and what the Agency was proposing, most everyone was comfortable with the project. Committee Member Bobbitt stated he was comfortable with the project, but noted it is very dense. He asked the reason for this density? Staff stated they are lowering the density from what is existing. They are going from 92 to 80 units. The City's Redevelopment Agency Plan needs to produce more affordable units in the 3-4 bedroom unit category and this is the right location. Mr. Frank Spevacek stated the location was chosen because of what was existing at this location. The Agency was able to secure the Park at an affordable price and determined to have as many affordable units as possible to help meet the State requirements for affordable housing. Committee Member Bobbitt asked if it is mandated to a city that they must have 410 G:\WPDOCS\ALRC\6-1-05 ALRC.doc Architecture and Landscaping Review Committee June 1, 2005 affordable housing or is it if they want the funds from the State. Mr. Spevacek stated the way the Redevelopment Agency is set up is that we can access State Federal funds, but the primary source of La Quinta's funding is the allocation of tax increment funds and bonds. 12. Committee Member Bobbitt asked if this was a very low-income project. Mr. Spevacek stated it is a very low-income project and the goal is to have a management company that will maintain and keep it that way. Committee Member Bobbitt expressed the concern of the neighborhood is their property values. This appears to be a good project with what is allowed. If the management company operates it properly, it could be a decent project. His hope with the transition of the Park to eliminate the criminal that currently exists. 13. Committee Member Christopher noted with the requirements to live here it will help to eliminate a lot of the problem residents. He noted that the trailer park housed those individuals who lived here as a last resort. This fed a lot of the activity that occurred at the Park. 14. Committee Member Bobbitt noted the current residents use the Adams Street Park; does this new site have access to the park? Mr. McMillen noted that when the fire station was constructed a 3.5 foot opening was left for access to the park. It will be accessible by virtue of the entry gate key. Committee Member Bobbitt asked the Beason for the recreation area at the front of the Park instead of the middle. Mr. McMillen stated the concern was to give the larger buffer to Miles Avenue, but given the constraints of the land design it would not work at any other location. It was not an efficient use of the land. 15. Committee Member Thoms asked about the major tree palette. Mr. Taylor stated they were date palms and crepe myrtles. 16. Committee Member Bobbitt stated the crepe myrtle is a high maintenance tree and deciduous that will be messy. 17. Committee Member Thoms stated it would be best to limit the number. Mr. Taylor noted the larger trees were Evergreen Elm. 411 G:\WPDOCS\ALRC\6-1-05 ALRC.doc Architecture and Landscaping Review Committee June 1, 2005 18. Committee Member Bobbitt stated this was another messy tree. Mr. Taylor stated the other proposed trees were the Palo Verde and Acacia. It will be the same on both sides of the street. Committee Member Bobbitt stated the elm needs to be replaced and possible the crepe myrtle. 19. Committee Member Thorns asked what was proposed for the property line trees. Mr. Taylor stated two varieties of acacia. 20. Committee Member Bobbitt suggested that instead of the elm a fruitless olive be used as a long term solution. 21. Committee Member Thorns stated the lattice structure over the parking area is weak; it appears to be spindly. The elevations are on the block side and the structure looks cheap. Mr. McMillen asked if a metal material would that be better. 22. Committee Member Bobbitt stated wood would never last. If wood is used it has to be pressure treated. The uprights would then need to be steel. 23. Committee Member Christopher noted you could use two smaller elements and create mass by using more elements. 24. Committee Member Thoms stated the main drive entrance up to the gate should have an enhanced paving such as a stamped detail. He likes the idea that the buildings are simple. The landscape should be kept simple as well. Just beef up the overhead structure. 25. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Thoms to adopt Minute Motion 2005-022 recommending approval of Site Development Permit 2005-816, as recommended and as follows: a. Eliminate the Evergreen Elm trees; b. Enhance the paving at the entrance in a decorative texture such as a paving stone; C. Eliminate the spindly effect of the support beams on the shade structure; d. Transition the existing retention basin with existing turf retention basin G:\WPDOCS\ALRC\6-1-05 ALRC.doc 4 1 � Architecture and Landscaping Review Committee June 1, 2005 e. The trash enclosures shall be approved by the Community Development Director; and f. Substitute the Date Palm tree with another palm tree where it is a safety risk Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a Special Meeting to be held on June 16, 2005. This meeting was adjourned at 1 1:04 p.m. on June 1, 2005. Respectfully submitted, J. SAWYER Executive Secretary 413 G:\WPDOCS\ALRC\6-1-05 ALRC.doc REPORTS AND INFORMATIONAL ITEMS MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 14, 2005 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Consulting Planner Nicole Criste, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk asked if there were any corrections to the Minutes of May 24, 2005. There being none, it was moved and seconded by Commissioner Daniels/Alderson to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Environmental assessment 2005-544, General Plan amendment 2005- 104, Zone Change 2005-124, and Site Development Permit 2005-826; a request of the City of La Quinta Redevelopment Agency for certification of a Mitigated Negative Declaration of environmental impact, change to the General Plan Land Use and Zoning designation from Low Density Residential to Medium Density Residential, and approval of an 80-unit multi -family residential project, located west of Adams Street, on the north side of Miles Avenue. 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Doug Evans presented the information contained in the staff report. Staff introduced G:\WPDOCS\PC Minutes\6-14-05.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 14, 2005 I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Consulting Planner Nicole Criste, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk asked if there were any corrections to the Minutes of May 24, 2005. There being none, it was moved and seconded by Commissioner Daniels/Alderson to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Environmental assessment 2005-544, General Plan amendment 2005- 104, Zone Change 2005-124, and Site Development Permit 2005-826; a request of the City of La Quinta Redevelopment Agency for certification of a Mitigated Negative Declaration of environmental impact, change to the General Plan Land Use and Zoning designation from Low Density Residential to Medium Density Residential, and approval of an 80-unit multi -family residential project, located west of Adams Street, on the north side of Miles Avenue. 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Doug Evans presented 415 the information contained in the staff report. Staff introduced G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 Frank Spevacek and Jon McMillen of RSG, who elaborated on the project and introduced the rest of the design team. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked what the opportunities were to create a pedestrian walkway from the development to the City park. Staff stated originally there was an access, but after discussing the project with the Sheriff's Department it was their determination not to have access to the City park. Commissioner Daniels asked if children would be allowed in the development. Staff stated yes. Commissioner Daniels asked what they would have to do to access the park. Staff stated they walk out the front gate and around the corner to get to the park. 3. Commissioner Alderson asked if the merged retention basins would be grass. Staff stated the existing basin would remain turf with the new basin transitioning from a more native material to the grass. Commissioner Alderson asked if there were any legal ramifications to joining the two. Staff stated no, as the City owns both basins. 4. Commissioner Quill asked the size of the living space of the units. Also, what will happen to the large Oak tree next to the retaining wall? Staff stated that will be resolved in the final design stages. Mr. Jon McMillen, RSG, stated the church did want to leave it there in the beginning. Now it is dying and they are going to remove it to locate a storage facility in this location. Ms. Robin Vettraino, gave the dimension of the units. 5. Commissioner Alderson asked if each unit had their own storage unit. Ms. Vettraino stated there is one per tenant. 6. Chairman Kirk asked about the blank walls facing the internal streets on Plan 2; were popouts or some other type of architectural treatment considered. Ms. Vettraino explained the pedestrian traffic is directed to the paseo walkway between the units to keep the drive aisle as simple as possible. Chairman Kirk asked about having windows face the drive aisle. Ms. Vettraino explained the landscaping with larger trees to break the exterior unit wall and give relief. This would create a pattern to keep it simple. 41G G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 7. Commissioner Ladner asked where this style came from. Ms. Vettraino stated the design team originated from San Diego. The idea was to create a simple, clean design for the least amount of maintenance. 8. Chairman Kirk stated the project request is to approve a General Plan Amendment and Zone Change. Why not take advantage of the density bonus? Why not designate it Medium High Density. Staff stated it could be increased. The Commission could make the findings to increase the density. Chairman Kirk asked who internally reviewed the project. Staff stated it is the same level of review for any development and in this instance probably more. Chairman Kirk asked if we were reducing the number of affordable units. Mr. Frank Spevacek, RSG, City's Redevelopment consultant, explained the City's Redevelopment Agency (RDA) purchased the property and even though the City may reducing the total number of units currently by 13. Under State law this would be converted to a different project if the Agency did not buy it and any affordable units would be lost. From the RHNA numbers, we would gain 80 affordable units. 9. Commissioner Quill asked if the density is increased the applicable number of units that could be allowed, do we negate what has been done in terms of the Environmental Assessment. Assistant City Attorney Michael stated no because the approval is specific to the request being sought. 10. Commissioner Daniels asked why the basketball court and picnic area were not reversed in regard to their location to put the noise closer to the street. Staff stated the basketballs could end up in the street and staff did not want to break up the picnic areas. 11. Chairman Kirk asked if there was any other public comment. Mr. Jim Sherman, 78-825 Nolan Circle asked about the current retention wall as it has been compromised and caused numerous problems. Also, he would strongly urge the development be open to the City park. He asked if the RDA will own the project and who will run it. Staff stated the Agency will build it, then sell it to a non-profit agency specializing in affordable housing. The Agency will set the criteria as to how it is run and selection of the tenants. Mr. Sherman asked if there was a criteria set up to monitor the number of tenants in each unit. Staff clarified the number of people in each unit would be predetermined and overseen by the management company. You can have restrictions, but there are 417 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 laws against discrimination, so the Agency will need to well define the criteria. Assistant City Attorney Michael Houston stated you can have pure numerical restrictions, but there are certain discrimination laws that apply. Mr. Sherman asked when they anticipate the Park being closed. Mr. Spevacek stated it is anticipated to have the Park closed by the end of the year. In regard to merging the two retention basins it is due to the CVWD irrigation requirements. In regard to the access to the City park, it was designed to keep it open, but based on the Sheriff's Department comments, the access was closed. 12. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 13. Commissioner Alderson commended the use of solar panels and stated he liked the architecture. 14. Commissioner Quill stated he too likes the architecture. He does question the Architecture and Landscape Review Committee (ALRC) condition in regard to the Date Palm trees. He does not believe it is a big enough safety issue to have them removed. He has strong objection to having the tenants closed off from the City park when there is a direct access available. He asked who the reviewing agent would be for the rental documents. Staff stated it will be part of the selection process the Agency will go through to select a firm to manage the site. 15. Commissioner Ladner commended those who are working on this project as there isn't enough affordable housing in the Valley. She understands the need for maintenance free units, but has a problem with the architecture. In regard to the gate to the park, she too strongly believes the tenants should have access. If it becomes a problem, the management company can control it. She asked if the basketball court would have restricted hours. Staff stated it is anticipated it would be. Commissioner Ladner suggested it not be lighted. 16. Commissioner Daniels stated he too believes the tenants should have access to the City park. There is a potential of having 96 children in this development. This should off -set any concerns raised by the Sheriff's Department. He would suggest the basketball court be moved no closer than 15 feet from the front property line. This will also give a larger picnic area. 418 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 17. Chairman Kirk stated he too strongly agrees the connection between the City park and this development should be open. The Date Palm trees should be kept; he agrees with Commissioner Daniels comments on the basketball court. In regard to the architecture, he likes that it is different, but it still is not appealing. Besides all the paseo and courtyard area, the streetscape still needs some architecture detail added. The site design is well done and sensitive to the neighboring community. 18. Commissioner Ladner stated she believes this architecture is much less than what was turned down at the last meeting. 19. Commissioner Quill stated it is a contemporary design and computer generated pictures do not always do justice. 20. Commissioner Alderson stated that to introduce a window on the streetscape would put a window in the living room and dining room and he would believe this would be advantageous to the home. Mr. Spevacek stated they did not want the windows to reduce heat load and air conditioning costs. 21. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2005-020 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-544. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 22. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-021 recommending approval of General Plan Amendment 2005-104, as recommended and amended: a. Change the zoning from Medium Density to Medium High Density. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 419 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 23. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-022 recommending approval of Zone Change 2005-124, as amended a. Change the zoning from Medium Density to Medium High Density. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-023 recommending approval of Site Development Permit 2005-826, as recommended and amended: a. Add Condition: An open connection shall be provided to the City park at the north end. b. Condition #81: Delete reference to the deleting the date palm trees. C. Condition added: The basketball court shall be moved to the south 15 feet from property line. d. Condition added: Plan 2 elevation shall be modified where possible to add windows to the east. If not possible on the west, some other type of architecture treatment shall be added. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill and Chairman Kirk. NOES: Commissioner Ladner. ABSENT: None. ABSTAIN: None. B. Environmental Assessment 2005-536, Zone Change 2005-123, and Tentative Tract Map 31434; a request of Monroe Dates for consideration of a request to certify a Mitigated Negative Declaration of environmental impact, a Zone Change from Low Density/Agriculture-Equestrian Residential to Low Density Residential, and the subdivision of 28.7 + acres into 118 single-family lots for the property located on the west side of Monroe Street at Avenue 61. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report a copy of which is on file in the Community Development Department. 4''0 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the lots that abut Trilogy are single - story homes. Staff stated yes. Commissioner Daniels asked if Trilogy had a condition limiting them to one-story. Staff stated the homes were approved under the County and not reviewed by staff. Commissioner Daniels asked if the open space lots would remain open. Staff stated they are defined as play/recreation or common area lots. Commissioner Daniels asked that they remain open space. He asked about the traffic calming methods and why 36-foot wide streets were needed on streets with a traffic calming effect. Staff stated they would be restricted to parking on one side of the street if the streets are narrower. 3. Commissioner Alderson asked if the emergency access would also be the construction access. Staff stated yes, and it would be gated for fire and police access only at the completion of the tract. 4. Commissioner Ladner asked about the density change in regard to what Trilogy is zoned. Staff explained. 5. Commissioner Quill asked if the height restriction for the residences on the lots would come to the Commission. Staff explained that if it were a custom lot subdivision, the elevation plans would not come to the Commission. Staff would review them to ensure they would not exceed the height limitation. 6. Chairman Kirk asked for clarification that the applicant was asking for a density change from three to four units to the acre. Staff stated yes. Chairman Kirk asked for the justification to the zone change. Staff stated basically there would be no agricultural or equestrian uses that would warrant the existing zoning. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Craig Knight gave a presentation on the project. 8. Commissioner Daniels asked about the roundabout or restriction for traffic calming. Mr. Knight stated they determined the restriction was a better method. Lot "J" has nothing planned for it specifically. It is an open space with landscaping. 9. Commissioner Alderson asked if the grades had import fill due to the neighboring project. Mr. Knight stated yes, and more infill will be needed to reach the same height for a shared wall for the entire site. 421 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 10. Commissioner Daniels asked why he was requesting 36-foot wide streets. Mr. Knight stated he had no particular reason except to have the ability to park on both sides of the street. 11. Chairman Kirk asked if there was any other public comment. Mr. Candelario Felix, 65-575 Orchid Court stated he lived about a half mile from this project and had no objection to the project. 12. Mr. Mike Keebler, representing CVUSD, stated the District is requesting a bus turn -out on Monroe Street. 13. Ms. Natalie Levi, 81-730 Sun Cactus Lane, stated one concern is that there are no CC&R's or HOA for the proposed tract, and asked who would be responsible for the common areas. These could be significant impacts on their community. 14. Mr. Nick Pandullo, 60-680 O'Rourke Circle, stated his concern was that his home is 150 feet from the retention basin. Retention basins are problematic and it should be redesigned as a detention basin. Retention basins create mosquito breeding places if water is retained which presents an environmental detriment. Who is going to maintain the basin? There is no pathway for emergency overflow. Another issue is noise pollution that will be created by the lots being located right behind their wall. Lastly, they would like the Commission to consider rearranging the units away from their rear wall. 15. Mr. Kenneth Biba, 81-749 Sun Cactus Lane, addressed concerns contained in the Environmental Assessment in regard to how this tract is building upon the tracts in the area. This tract is nothing like the other homes in the area. 16. Ms. Linda Gibbs, 81-857 Sun Cactus Lane, stated her concern was also the retention basin concern, standing water nuisance, noise pollution, and that it is not zoned compatible with the adjoining communities. She requests it be reconfigured to be more compatibility by allowing more space between the two communities. Lastly, they would like to request that one palm tree be planted for each tree removed. 17. Mr. Robert Schultz, 60-402 Chelsea Court, stated he agrees with what has been stated. 22 0�. G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 18. Mr. Tom Sullivan, 79-440 Citrus Street, represents two home owners at Trilogy. He does believe the property owner has the right to develop his property, but also, the existing property owners have the right to protect their property. He then submitted an alternative design for the project. 19. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 20. Commissioner Daniels stated his confusion as he has never heard of putting a street next to someone's back yard. On the issue of CC&R's and a HOA, he is not clear as to how the applicant intends to maintain these facilities. In addition, a condition needs to be added to accommodate Coachella Valley Unified School District's request for a bus turnout. As to the retention/detention basin issue, he would like to have staff assure no ponding would be created. 21. Commissioner Ladner stated any gated community must have a CC&Rs to define the maintenance responsibilities. She too agrees she would prefer a backyard to a backyard than a street. In regard to the retention basin, Trilogy has a golf course that will always have standing water somewhere. The retention basin has a lesser chance of having standing water than the golf course. 22. Commissioner Alderson stated he visited the site and was impressed with the wall and with the height limitation. He does not agree the retention basin will be a health issue. He does agree with the inclusion of palm trees back into the project. He also believes the developer has been sensitive to his neighbors in the design and layout of the tract. 23. Commissioner Quill stated there is a greater risk of West Nile from the agricultural uses in the area than a retention basin that is required to be maintained by CC&R's. In regard to someone buying a house next to a wall with vacant land, this is an issue of a buyer beware. The tract lacks any form of creativity in the design. Lot sizes are significantly small for the area. Does not like the layout as there are no cul-de-sacs, traffic calming methods in the curvilinear streets are insignificant in regard to performing the function they are proposed. The application is inadequate and poor and he is not impressed. 4213 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 24. Chairman Kirk stated he too agrees with the lack of creative layout on project. He is not in agreement with the neighbors concerns. He agrees this is not a thought out design. He is concerned about the project entrance. He needs to see a lot more detail. Lot J is not identified as to its use and how it is to be designed. He also is not convinced this project needs to go from three to four dwelling units per acre. For density increases the Commission should see something special and he does not believe it is. 25. Commissioner Quill asked if the applicant would prefer to have a continuance. Discussion followed regarding potential action by the Commission. 26. It was moved and seconded by Commissioners Quill/Daniels to remove the application from the calendar. Staff would renoticed the public hearing when revised plans are submitted. Chairman Kirk provided the following direction to the applicant: a. Provide narrow streets, no parking on street or one side; b. Provide a design for the project entry; and C. Identify the miscellaneous lots and their uses. Unanimously approved. Chairman Kirk recessed the meeting at 9:07 and reconvened at 9:17 p.m. C. Specific Plan 97-029, Amendment No. 4; a request of Stamko Development Co. for consideration of a new driveway access on Adams Street and a design change to the internal circulation pattern, access, a retention basin, high density housing with an affordable component, for the property located on the east side of Adams Street, south of Auto Centre Drive. 1. Chairman Kirk noted the applicant had requested a continuance of the project. It was moved and seconded by Commissioners Daniels/Alderson to continue Specific Plan 97-027, Amendment No. 4 to June 28, 2005, as requested by the applicant. Unanimously approved. D. Site Development Permit 2005-835; a request of Stamko Development Co. for consideration of development plans for a multi -tenant retail store consisting of 23,000 square feet, located at the southwest corner of Highway 1 1 1 and Dune Palms Road 41w G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 1 . Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Doug Evans presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked staff to clarify the ownership of the property. Staff clarified it was currently owned by the City's Redevelopment Agency and is in the process of being sold to Stamko Development Co. 3. Commissioner Alderson asked about the sky blue awning. Staff indicated the location of the awning on the site plan. 4. Chairman Kirk asked about Figure 8, the Circulation Plan; the pedestrian traffic between the two centers is lacking on the design. Staff suggested increasing the planting on the parking islands to make a linkage. Chairman Kirk asked about the delivery access. Staff noted their location on the rear of the building. 5. Commissioner Daniels asked if there was a bus turnout west of Dune Palms Road. Staff stated yes. Commissioner Daniels asked if there could be a cutout in the Highway 1 1 1 landscaping to allow pedestrian traffic to enter this site. Staff stated this could be addressed in the final landscape plan. Commissioner Daniels asked if it would be better to move the driveway further to the north. Assistant City Engineer Steve Speer stated the General Plan requires it to be 150 feet from the intersection. Currently, it is designed at about 250. There does need to be a throat and it would be difficult if it were moved further north. There is some opportunity to move it. Commissioner Daniels asked if the gas station could have a shared access and eliminate the landscaping on the east end. Staff explained the circulation pattern. Commissioner Daniels asked if the building should be flipped. Discussion followed regarding building layout. 6. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Chris Clarke gave a presentation on the project and addressed the concerns raised by the Commission. She clarified that where it states the color as blue, it is now green. Ms. Clark asked that the Sign Program be considered at this time. 4'5 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 7. Chairman Kirk stated the sign program was not part of the application before them. Ms. Clarke stated she would like to request a continuance to include the sign with this application. 8. It was moved and seconded by Commissioners Daniels/Ladner to continue Site Development Permit 2005-835 to July 12, 2005. Unanimously approved. E. Environmental Assessment 2005-541 and Tentative Tract map 33597; a request of R. T. Hughes Co., LLC for consideration of a request to certify a Mitigated Negative Declaration of environmental impact and development plans for the subdivision of 22.97 acres into 57 single- family lots, as well as lots for streets and retention basins located at the southwest corner of Avenue 60 and Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff requested the Commission add a condition to allow one master Minor Use Permit for all the casita units. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked there could be a hammer -head instead of the full cul-de-sac on Lots 6, 7, and 8 and again at 14, 15, 16, to cut down the amount of pavement. Staff stated that if it meets the Fire Department requirements, it would be possible. 3. Commissioner Quill asked if this project would not be reimbursed for the cost of a signal if the Travertine project moved forward. Ms. Criste stated there is not a condition for reimbursement. Commissioner Quill questioned the realignment of a significant 60 foot irrigation line that has never been relocated before. The loss of one or two lots would be less than moving this line. He noted the City has not received any communication from CVWD or the Bureau of Reclamation as to whether or not this line can even can, or will be relocated. Staff noted CVWD did require the relocation be approved. Commissioner Quill asked if this would be a full improvement of Avenue 60. Staff stated it will be a half street width. Commissioner Quill asked who would be responsible for finishing the street widening if the property to the south is never developed. Assistant City Engineer Steve Speer stated there are other tracts in the process that will complete the street 426 development. G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Richard Hughes, the applicant, gave a presentation on the project and stated he had a problem with the condition regarding bonding for the circulation issues. If Travertine is never built he is left with the bonding for the construction of a street that will never be built. This street is an issue for the Travertine project and not his. In regard to the irrigation line, they would not like to move it, but they are trying to resolve the issue with CVWD. Mr. Jerry Green, engineer for the project, spoke regarding the Madison Street improvements. He stated it has no benefit to this project and they do not believe they should be burdened with the cost. He explained the work that would be necessary to construct the street. 5. Commissioner Quill asked if Travertine is not developed, and this developer is required to construct the street, the maintenance of this street could be a waste of public funds as it goes no where. He asked if that were the case, would the street then be deeded back to this developer. Assistant City Engineer Steve Speer stated there are other land owners on the other side of the dike in addition to Travertine. Staff does not expect this developer to widen this street unless a developer on the other side does develop. Staff is requesting a bond be kept in place until such time as this street is removed from the General Plan. Community Development Director Doug Evans stated there is a very significant parcel of land that can be developed without restrictions on the south side of the dike. The only issue for Travertine is the trail. It is becoming realistic that Travertine may be developed. In any other instance a developer would be required to develop the street adjacent to their project. The issue here is the grade difference. 6. Chairman Kirk asked if the applicant had considered extending the lots and having the slope be a part of the lot. Mr. Green stated they have a drainage swale to catch the drainage and they would prefer it be maintained by the HOA. Chairman Kirk asked if the CVWD water efficient landscaping calculations had been submitted. Mr. Green stated no. 7. Chairman Kirk asked if there was any other public comment. There being none, the public hearing was closed and open for Commission discussion. 8. Commissioner Ladner commended the applicant on the design. 427 She questioned the condition for bonding. G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 9. Commissioner Quill stated he would like staff to tighten -up the condition in regard to the irrigation line relocation. 10. Commissioner Alderson stated that in regard to the configuration of the land, it is an excellent land planning design. 11. Chairman Kirk commended the applicant on the design. He would prefer to see the submittals after they go through the water calculations. Staff stated landscaping plans are not required at the tentative tract submittal. There being no further discussion, the public participation was closed. 12. It was moved by Commissioners Ladner/Alderson to adopt Planning Commission Resolution 2005-024, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-541, as recommended: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 13. Commissioner Quill questioned the reason this developer is being required to pay for the cost of the Madison Street improvements when it is not to his benefit. Staff explained that if the condition is not required, then there is no one to pay for the improvements. Discussion followed regarding alternatives and solutions to the cost of the street improvements and whether or not they should be required to bond for the grade. 14. Chairman Kirk stated he would like to see the perimeter landscaping plans at this stage. Community Development Director Doug Evans stated that it has not been the practice of staff to require that at the tentative tract map submittal stage. If the Commission wants to do this, the application process would need to be changed. Staff would discuss this further with the Commission at a future date. Discussion followed regarding alternatives to street improvements. 15. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-025, recommending approval of Tentative Tract Map 33597, as recommended and amended: 428 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 a. Condition #54.A.1.a. The applicant shall bond for the cost of widening only, Madison Street to its ultimate street width or provide a cash amount. The applicant shall grant and deed to the City the necessary right of way for the future Madison Street, if asked to do so by the City, prior to the final map recording. If this widening has not been completed within five years of this approval it shall not be required. b. Condition added: A master Minor Use Permit shall be submitted for all the casita units. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. F. Environmental Assessment 2005-533 and Site Development Permit 2005-822; a request of KKE Architects for consideration of a request to certify a Mitigated Negative Declaration of environmental impact and review of development plans for Phase 1 (44,300 sq. ft.) of a 61,650 square foot center on a 6.38 acre site, for the property located on the north side of Highway 1 1 1, 1,300 + feet east of Dune Palms Road. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked the distance from Highway 111 to the rear of the building. Staff estimated 70 feet. They are required to berm and screen the drive -through lane. 3. Chairman Kirk asked if the doors on the rear would open into the drive-thru lane. Staff stated they were emergency only doors and would open on a concrete stoop. 4. Commissioner Alderson asked the number of trash enclosures. Staff indicated the location of the four on the site. Commissioner Alderson questioned whether or not the applicant had an easement with the property owner to the west. Staff stated to date, it has not been consummated. Commissioner Alderson expressed his concern that if the applicant were unable to reach an agreement, it would require a reconfiguration of the site plan. 1 4 9 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 5. Chairman Kirk asked if a reconfiguration were required, would it come back to the Commission. Staff stated it would depend on the extent of the revisions. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mark Giles, representing the applicant, stated he was available to answer any questions. 7. Commissioner Quill asked if there would be berming in the 50-foot landscape setback along Highway 111. His concern was the grade of the drive through paving in respect to the curb and cutter along Highway 1 1 1, and what is the pad grade in respect to the existing Highway 111 curb and gutter. What is their relation to Highway 1 1 1. Mr. Dan Reese, The Keith Companies, engineer for the project, explained the relationship between the street and drive through is within three feet. Commissioner Quill stated his concern is that if the elevation of the curb and gutter and the elevation of the drive through lane is significantly different, it can be difficult to screen the cars. Mr. Reese stated he would need to refer to the landscape architect. 8. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 9. Commissioner Alderson stated that if the front building is going to have a drive -through, he is concerned about the doors opening into the drive through. Mr. Giles stated there is a five foot sidewalk between the doors and drive -through. 10. Commissioner Quill stated he wanted to be sure the cars in the drive -through are hidden from view from Highway 1 1 1. 11. Chairman Kirk asked if the applicants could be required to submit full landscaping plans at the time they submit their Site Development Permits. Staff stated grade differential information could be required at the time of submittal. 12. Chairman Kirk stated that although the applicant has done a nice job designing the site, he does not like the building backing onto Highway 111. 430 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 13. It was moved by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-026, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-533, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 14. It was moved by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2005-027, approving Site Development Permit 2005-822, as recommended and amended: a. Condition added: Retail Buildings "A" through "D" with the exception of Pad 1. b. Condition added: The applicant shall obtain approval of the access to the adjoining property to the west. C. Condition added: The applicant shall submit a more detailed elevation and landscaping plan for Pad 1. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. G. Site Development Permit 2005-830; a request of John Garrison, GSR Andrade Architects for consideration of development plans for construction of a + 36,000 square foot, two-story medical office building, located on the east side of Washington Street +400 feet south of Avenue 47. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked staff to clarify what appears to be utility boxes, at the northeast corner of the site and the Architecture and Landscaping Review Commission recommendation which staff did. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Garrison, the architect for the project, stated they are utility boxes. G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 4. Commissioner Quill stated he would prefer they not add any more architectural detail as the simpler, the better when trying to achieve the Mission look. 5. Commissioner Ladner stated she agrees with Commissioner Quill. The smooth texture does make the difference. 6. There being no further discussion or public comment, Chairman Kirk closed the public hearing. 7. It was moved by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-028, approving Site Development Permit 2004-830, as recommended by staff and as amended: a. Condition #73.B: Amended to require a two-piece mudded clay Mission tile. b. Condition added: No anodized metal shall be used on the windows but rather the window frames shall be a powder colored aluminum or bronze. C. Allow date palm trees to remain as proposed. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Review of City Council meeting of June 7, 2005. B. Department report: IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Ladner/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on June 28, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 1 1:30 p.m. on June 14, 2005. RespAqfully submitted, / yer :te�iitr�Secretary Cit Quinta, lifornia G:\WPDOCS\PC Minutes\6-14-05.doc ��3 REPORTS AND INFORMATIONAL ITEMS 148 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 28, 2005 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk asked if there were any corrections to the Minutes of June 14, 2005. There being none, it was moved and seconded by Commissioner Daniels/Alderson to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Site Development Permit 2005-827; a request of Colbourn -Currier -Noll Architecture, Inc. for Innovative Resort Communities for consideration of architectural and conceptual landscaping plans for four prototypical residential plans and clubhouse for use in Tract 31732, located at the southeast corner of Monroe Street and Avenue 60. 1 . Staff informed the Commission the applicant had sold the property and withdrawn his application. No action is required by the Commission. B. Site Development Permit 2005-828; a request of Colbourn -Currier -Noll Architecture, Inc. for Innovative Resort Communities for consideration of architectural and conceptual landscaping plans for four prototypical 4 G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 B. Site Development Permit 2005-828; a request of Colbourn -Currier -Noll Architecture, Inc. for Innovative Resort Communities for consideration of architectural and conceptual landscaping plans for four prototypical residential plans and clubhouse for use in Tract 31733, located at the northeast corner of Monroe Street and Avenue 61. 1. Staff informed the Commission the applicant had sold the property and withdrawn his application. No action is required by the Commission. C. Specific Plan 97-029, Amendment No. 4; a request of Stamko Development Co. for consideration of a new driveway access on Adams Street and a design change to the internal circulation pattern, access, a retention basin, high density housing with an affordable component, for the property located on the east side of Adams Street, south of Auto Centre Drive. 1. Chairman Kirk noted the applicant had requested a continuance of the project. It was moved and seconded by Commissioners Daniels/Alderson to continue Specific Plan 97-027, Amendment No. 4 to July 26, 2005, as requested by the applicant. Unanimously approved. D. Environmental Assessment 2005-535 and Tentative Tract map 33336; a request of GLC/Duc La Quinta, LLC for consideration of a request to certify a Mitigated Negative Declaration of environmental impact and development plans for the subdivision of eight acres into 23 single-family lots and miscellaneous lots, located on the north side of Avenue 58, 1,950 feet west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked the intent of the common lot. Staff stated it was a landscape entry area, no recreational uses are proposed. 3. Commissioner Daniels asked the purpose of Lot B. Staff stated it was intended to be a landscaped lot. The applicant has not submitted any landscape plans at this stage. They will be 3 J G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 submitted to the Architecture and Landscape Review Commission for approval. Commissioner Daniels asked if the street improvements will be able to be completed along Avenue 58 in front of the "not a part" parcel. Assistant City Engineer Steve Speer stated a parcel map was approved and dedications were made for the Avenue 58 right-of-way, but not on the parcel map. Commissioner Daniels asked if segregation off the existing lot will cause them to avoid street improvements in front of the lot. Staff stated that was not the intent. The City does not want 50 feet of unimproved pavement. This tract should finish the improvements to the eastern boundary. 4. Commissioner Ladner asked if the retention basin will be landscaped. Staff stated it will be partially landscaped, but will be required to meet C.V.W.D. and City landscape requirements. 5. Commissioner Alderson asked if the traffic calming bulbs would have landscaping in the center. Staff stated yes. 6. Commissioner Daniels asked what the affect would be to shorten the cul-de-sac bubble and extending it to 27 feet of the end of the property. That would reduce the amount of pavement; would they lose a lot? Staff stated it would depend on how far it would be reduced. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Shawn Milligan, representing the applicant, stated that the landscaping plans will be submitted to staff for approval. Lot B will be a landscape lot to create an entry statement; the lot will be behind the gate with no public access. Lot D, the retention basin, will have decomposed granite and rock to break up the retention basin. Mr. Steve Kleeman, P & D Consultants, stated that in regard to reducing the cul-de-sac, there is a medium curb radius and in shortening it, it would reduce the driveway area. The landscape area at the end of the cul-de-sac is to break up the end lots and create a landscaped area. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if the property in the front will be subdivided at a future date. Mr. Milligan stated, to his knowledge, the owner, Mr. Richard Baker, does not intend to sell the property. He will have access to enter his property through this project. G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 9. Chairman Kirk asked if the cul-de-sac were shortened, how would it affect the setbacks. Mr. Kleeman explained how the house would sit on the lot and the problems that it would cause. 10. Assistant City Engineer Steve Speer noted a phrase would need to be added to Condition 53.A.1.a. add after "tentative map boundary" add "and Parcel Map 33609". Commissioner Quill asked that the landscaping against the Parcel Map be added to that condition as well. 11. Chairman Kirk asked if there was any other public comment, there being none, the public participation portion of the hearing was closed and open for Commission discussion. 12. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-029, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-535, as recommended: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 13. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-030, recommending approval of Tentative Tract Map 33336, as recommended and amended: a. Condition 53.A.1.a. add after "tentative map boundary" add "and Parcel Map 33609" and landscaping requirements. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Sign Application 2005-892; a request of Imperial Sign Company for Lamppost Pizza and Backstreet Brewery for consideration of a sign for a 5,0000 square foot restaurant/brewery, located on the north side of Highway 1 1 1, east of Washington, within the One -Eleven La Quinta Shopping Center. .) l G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked staff to clarify what signs the applicant was requesting. Staff clarified one sign on each elevation and an extra sign on the east and west elevations. Commissioner Alderson asked if the signs were two dimensional. Staff stated it was recommended they be modified to give some dimension. 3. Commissioner Quill asked if these were two separate operating businesses within one building. Staff stated the brewery is separate from the dining, but in one building. 4. Commissioner Daniels asked if there was a door between the two businesses. Staff stated the applicant would need to answer that question. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Engle, Imperial Sign Company, spoke on behalf of the applicant. In regard to the operation of the business, he is not familiar with it. It is his understanding they are different businesses, but operate separately. Staff displayed the building plans and discussed the building layout. Community Development Director Doug Evans stated this is becoming a common practice to share facilities. 6. Commissioner Daniels asked if either company had three dimensional signs on other facilities they own. Mr. Engle stated he did not know. He would suggest pushing the letters out1 /2 to 3/4 of an inch on the cam sign to give the sign more body. 7. Chairman Kirk asked if the brewery icon was moved from the building to the silo. Mr. Engle stated the silo already has a design on it. It is not a sign that identifies the business. 8. Chairman Kirk asked if there was any other public comment. There being none, the public participation was closed and open for Commission discussion. G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 9. Commissioner Daniels questioned the "initials" on the silo being a part of the signage. Staff stated it is a decoration to make it appear to be an old silo. It is not intended to advertise the business. 10. It was moved and seconded by Commissioners Daniels/Alderson to adopt Minute Motion 2005-009, approve Sign Application 2005- 892, as recommended and amended: a. The sign letters shall be pushed out 1 /2 to 3/4 of an inch to give the sign more body Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of June 7, 2005. B. Department report: Community Development Director Doug Evans introduced a new member of the staff, Andrew Mogensen, Associate Planner. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Ladner/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on July 12, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:47 p.m. on June 28, 2005. Respectfully submitted, geJ- ?wjyer, Executive Secretary City of La Quinta, California 433 G:\WPDOCS\PC Minutes\6-28-05.doc Department Report: —4 4 C OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: July 19, 2005 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the July 5, 2005, City Council meeting: 1. Chris Romero spoke on behalf of the Retired Senior & Volunteer Program (RSVP), presenting a token check in the amount of $134,872 to the La Quinta City Council, which represented 7,685 hours worked by 113 volunteers in the City of La Quinta. • Council thanked Chris for the work of the volunteers. ot S:\CityMgr\Terry\Staff Reports\Responses to Public Cmnts\7-19-05.doc DEPARTMENT REPORT: a, ti5 GFnf OF T1 9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety % • W. DATE: July 19, 2005 RE: Monthly Department Report - June 2005 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of June. Also included is the Monthly Executive Status Report for the Municipal Library. The reports depict the following highlights: • Year to date building permit valuation is $193,935,695 which represents an issuance of 2,923 building permits through June; • 1,540 animal control cases have been handled through June; • 1,025 code compliance cases have been initiated through June; • $1,220.00 - garage sale permit income in June 4 ri 1 CD o CD 0 CDCD CD b � _ e� N � y 14 Ow N O y o o u' w � o oN, W � w N O � ON rt11 N c�ii N O c0ii C J22 wl C � y y o W a A= CA `O Q1 W A W 01 01 `o W O O W C AQOAA�� W A� A'!� NOAN� N�P �] N ►v-� �O..•. �w= W0�1l wO�l It0ONPoo WO -0P0 �001 w0ov00 H(,"=j awN�\1I WN N 0cc, wJa C W O O� `O Oo �l 00 a1 00 J N W N C F A y y (!1 P O\ 00 � O 00 �1 � W Q\ �-• �l A� �D 1-► tl� lJl O w � � w c!� � .P O� �O "" Q. y N O o w as 00 A a1 N W N �l "O "o O W W ►or C O� O� W O A - O ? Q1 N IO I-• W �1 th O �o O w `O W O t!i t!i to P tA 0o 10 - 00 U% N N .•• A J N P N W P. N 00 A O -P -P J N W WW • ^r. Omdo 2 y100 ro' ftlzotomnroroom0cdt7,wm onnaa� -3rooH�yxrotJn r� W 13n 13 W M"J XroOz H H 4] l7 r 7d of y n n 3 t] L7 '7 z x n ro r zwz G� xrcnn 0 :nxx H � ymmmCJ�lro�x7rorozz4]t=7t7l7rozz£Jy n' m a13 Z Lra0 ]C L,:r, m tJ>rrn tj0 va tj U ' [r17dG]t7 10335Hx��0 EErC7 H ro nv z z r z r o o s n 0 0 \ y O oro 1 ��yyi �'J ✓' y H 0 1 M M O 4 0 M xl I I I O O h] H x:9m0 z I �rz zro rt.znxHz H G] a0x()x n)mnn33zz y xi ay HOOrrn K I I KI z 1 t-j r r x x m I 1 I Htv HmCn rrtTJ R7 DMO m t7t)0 t>:] m 3 I O x H tTJ \ Sc1 O O mI � z zHX '+7 0u OC) 3H m HnxH Q 1-30M :a11 Ht>:] I=iyHxx H I r13m MHxd t" HDJ:D t-7H th7i >x> tJm 0 ;a0 m zn mn ry :gmt'%n�u to z I I r y H H tt] \ H H �o Hy ry\ 3y r zz -3 Ln w O r K 0 o H r y Z Z r H m r H N r O H K Inz r r t7 H U d U m H y Gz] n 13 m rn x ' ro y I I o I H I I r I m •• I I I �'J I I ro I Ul N H H OD H H H H N H r I �7 N H �l N O O W IP IA m N O H H W W O H N O all O 1 m I I I ro I I [If I N I w N w Ul N U7 H Co N H H N H H N W w O tD O Ul w rP w 0 IP O O --1 Ul I H I N N H O W O O N -,7 IP 1 H I x I y H Irom ro W N m w H H m O r ro 00 m --1 H H IQ N H m J J H ko IP W Ul -A m m co -1 H m Ul .j O O N IP Ul -1 N N O IP w O N Ul H O I r O � ID w Ul IP m N m 0 -1 D] Ul O IP w O IP �7 O lD lD N t7 H O O O W N CDW O N 1D m Ul H O w O O O O O O m 0 W N O CD O O H �D O H CD O IP -1 z I I I N Ul H W W I I Ul � m N to W to OD m H W Ul H IP H lD H OD W O IP 'r,w w m IP H ID H dD -AJ N w I I I Ul O O -1 N w O m N H -1 O N �D m O W H O Ul Ul OD w H O O w w H O Ul N IP m O H N W ID Ul IP ; 1 w 0 0 IP w 'It, O m pD H O Ul 0 Ul H O Ul w I (n 1 o t7roro m1 d 0 m z G p7 y m M m zt7roy ,3 L7� �jH CD�dcn {y H H H H n r m m In t5 \ H O o W z ny H K G) rrrulro r ro m I-j r w xu K H H I-3 W K o y ro o K t7ro m Ul [*] 443 3 ANIMAL CONTROL REPORT FOR: June 2005 Steve Alexander, Moises Rodarte, Patti Lee, Kevin Meredith Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO June 05 DATE 05 DATE 04 HANDLED June 05 DATE 05 Dogs Alive 32 193 140 Dead 12 38 36 OTI 3 26 7 Cats Alive 23 107 84 Dead 15 56 32 OTI 9 13 2 Other Animals Alive 12 80 43 Dead 5 35 27 OTI 0 0 0 TOTAL ANIMALS Alive 67 380 267 Dead 32 129 95 OTI 12 39 9 TOTAL ANIMALS REMOVED ill 548 371 VIOLATIONS: NO OWNER Dogs at Large 45 Noise Disturbance 1 Defecation Removal 0 License Violation 10 Other 9 MONTHLY TOTAL 65 YEAR TO DATE 219 TOTAL MONTHLY INCIDENTS HANDLED: TOTAL YEARLY INCIDENTS HANDLED: YEAR TO DATE 04 Bite Reports 0 9 11 Animal Trap Set Ups 18 77 13 Cruelty to Animals 0 1 1 Vicious Animal Restraining 0 0 4 Special Hour Patrols 12 70 0 Zoning 0 0 0 Lost/Found 31 258 189 Animal Rescue 2 6 0 Outside Agency 0 0 0 City Reclaims 9 63 42 Other 9 63 71 TOTALS 81 547 331 WARNINGS CITATIONS 45 2 1 0 0 0 7 3 9 0 62 5 190 36 June 05: 324 May 04: 188 June 05: 1540 May 04: 832 444 4 CODE COMPLIANCE STAT REPORT FOR June 05 June 05 YEAR TO DATE 05 YEAR TO DATE 04 ABATEMENTS: Nuisance Abatements Started 91 567 525 Weed Abatements Started 15 119 44 Vehicle Abatements Started 57 311 559 Dwelling Abatements Started 3 6 1 Building Code Violations 2 22 13 TOTAL STARTED 168 1025 1142 TOTAL COMPLETED 124 936 962 Case Followups 322 2250 1966 Home Occupation Inspections 12 63 65 Business License Inspections 1 1 0 Garage Sale Permits Issued 122 722 430 5 DEPARTMENT REPORT: 4: 1S CITY COUNCILS UPCOMING EVENTS JULY 19 JULY 27-29 AUGUST 2 AUGUST 16 SEPTEMBER 6 SEPTEMBER 20 OCTOBER 4 OCTOBER 5 - 8 OCTOBER 18 CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM - MONTEREY CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SAN FRANCISCO CITY COUNCIL MEETING 445 July 2005 La Quinta City Council Monthly Planner Printed by Calendar Creator Plus on 7/11/2005 August 2005 La Quinta City Council Monthly Planner Sunday...y Tuesday ITednesday I hursclay.. .... 1 2 3 4 5 6 City Council 2: 0 PM C 0 LR 10 :OOAMA C Meet in 9 2• PM Su nline 1 .00 Adolph p , 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 7:00 PM Cultural Arts 6:00 PM League- Abate. -Perkins Henderson Commission Henderson 7:00 PM Planning 5:30 PM Investment 7:00 PM Com. Serv. Commission Advisory Board Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting - CANCELLED 21 22 23 24 25 26 27 10:30 AM RCTC Budget - 7:00 PM Planning 4:00 PM DRRA Airp- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM - Senior Center 'Back to School' lunch 28 29 30 3 1 I. , li. 4: I.; July t!. ! September S M T W T F S S M T W T F S. r 1 2 3, 1 2 i;piuy 3 4 5 6 7 8 9 4 5 6 7 8 9 10 10 11 12 13 14 17 18 19 20 21 15 16 i1 11 22 23 11 12 13 14 15 16 17 i!!ijl 18 19 20 21 22 23 24 ilii!1!! 24 25 26 27 28 31 29 30 25 26 27 28 29 30 !i! !nl, , II. .q r.l.. I.. r! . I. Printed by Calendar Creator Plus on 7/11/2005 September 2005 DEPARTMENT REPORT .S'P ooe 90" OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUGLAS R. EVANS, COMM TY DEVELOPMENT DIRECTOR DATE: JULY 19, 2005 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF JUNE 2005 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of June. 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Aug 2 Tai Chi Chuan, Senior Center Aug 2 *Tai Chi Arthritis Aug 2 Taking Cooking Classes Home for Dinner, Senior Center Aug 3 Intermediate Computers, Senior Center Aug 4 *Tai Chi Chuan Aug 5 Anaheim Angels Baseball Game Excursion Aug 6 Golf Tour, Landmark Golf Club Aug 8 Mastering Microsoft Word, Senior Center Aug 8 *Meditative Yoga Aug 9 Yoga Electica, Senior Center Aug 9 Mind Your Manners, Children's Etiquette Class, Senior Center Aug 9 Etiquette Class for Teens, Senior Center Aug 9 Advanced Adobe Photoshop Elements, Senior Center Aug 10 Yoga Somatica Aug 11 Meditative Yoga for Stress Reduction, Senior Center Aug 11 Introduction to Adobe Photoshop Elements, Senior Center Aug 13 Golf Tour, Sun City Aug 20 Mad Hatter Tea Party, Senior Center Aug 20 Golf Tour, Desert Willow Aug 25 *AARP Driver Safety Aug 25 ` *Back to School Program Luncheon Aug 27 Golf Tour, Escena Golf Tour *Daytime Senior Center class or activity 4,57 Monthly Revenue Report for June 2005 Monthly Revenue - Facility Rentals 2005 2004 Variance Senior Center $ 2,646.00 $ 4,786.00 $ (2,140.00) Parks $ 300.00 $ - $ 300.00 Monthly Facility Revenue $ 2,946.00 $ 4,786.00 $ (1,840.00) Year to Date Facility Revenue $ 63,321.00 $ 75,129.00 $ (11,808.00) 11Annfhly Ravanna Senior Center . M $ 4,109.00 $ 7,232.50 $ (3,123.50) Community Services $ 8,844.00 $ 17,038.00 $ (8,194.00) La Quinta Resident Cards $ 2,865.00 $ - $ 2,865.00 Total Revenue $ 15,818.00 $ 24,270.50 $ (8,452.50) Dnvnnnn vnnr to data Senior Center v $ 102,821.00 $ 117,262.50 $ (14,441.50) Community Services $ 133,883.00 $ 155,367.00 $ (21,484.00) La Quinta Resident Cards $ 53,670.00 $ - $ 50,805.00 Total Revenue to Date $ 290,374.00 $ 272,629.50 $ 14,879.50 CO2 453 Community Services Department Attendance Report for the Month of June 2005 Summary Sheet Program 2005 2004 Variance Sessions Per Month 2005 2004 Leisure Classes 100 124 -24 36 52 Special Events 200 286 -86 4 13 Adult Sports 355 347 8 22 21 Senior Center 903 960 -57 88 105 Total 1,558 1,717 -159 150 191 Senior Services Senior Center 333 302 31 12 16 Total 333 302 31 12 16 Sports User Groups La Quinta Park Use AYSO 200 200 0 5 5 Desert Storm Baseball 15 0 15 19 0 Diamond Ringers Softball 15 14 1 2 6 F.C. La Quinta 15 0 15 19 0 Sports Complex La Quinta Heat 14 0 14 2 0 La Quinta Sports & Youth 1200 1500 -300 21 22 Facility/Park Rentals Senior Center (Private Party) 400 450 -50 2 3 (Church) 400 300 100 4 4 Civic Center (Private Party) 25 0 25 1 0 Park Rentals La Quinta Park Rental 160 0 160 4 0 Fritz Burns Park Rental 40 0 40 1 0 Total 2,484 2,464 20 80 40 Total Programs 4,375 4,483 -108 242 247 VnIuntP_P_r Hours Senior Center 3331 1011 232 Total Volunteer Hours 3331 101 232 1� 3 4:y3 Community Services Program Report for June 2005 2nn� 2004 2005 2004 Participants Participants Variance Meetings Meetings Leisure Classes Bellydance Level 2 5 7 -2 3 1 Beginning Ballet 9 15 -6 3 2 Dance, Play & Pretend 20 0 20 5 0 Kickboxing Boot Camp 8 0 8 2 0 Tai Chi 6 0 6 1. 0 Yoga Somatica 4 9 -5 3 4 Yoga Electica 9 0 9 3 0 Beginning Guitar 9 15 6 3 3 Beginning Watercolor 7 0 7 3 0 Watercolor Wonders 10 0 10 3 0 Adobe Photoshop Intro 3 0 3 3 0 Microsoft Excel (Saturday) 6 0 6 1 0 Beginning Computers Totals 4 100 9 55 4 66 31 36 3 1 13 2nns 2004 2005 2004 Participants Participants Variance Meetings Meetings Special Events Open Mic Night 50 0 50 1 0 Golf Tour, Sun City 52 33 19 1 1 Golf Tour, Tahquitz Creek 41 0 41 1 0 Golf Tour, Shadow Ridge 57 521 5 1 1 Totals 200 85 115 4 2 2nn-5 2004 2005 2004 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 185 177 8 18 17 Adult Soccer League 170 170 0 4 4 Totals 355 347 8 22 21 Recreation Totals 655 4871 1891 62 36 r 1. 40 +� Senior Center Attendance Participation Participation Variance Meetings Meetings 2005 2004 2005 2004 Senior Activities ACBL Bridge 198 119 79 4 4 Bridge, Duplicate/Social/Party 363 277 86 12 15 Monthly Birthday Party 36 26 10 1 1 Monthly Luncheon 0 75 -75 0 1 Movie Time 39 66 -27 5 7 Senior Activity Total 636 563 73 22 28 Senior Leisure Classes Arts & Crafts 18 22 -4 4 5 Ballroom Dance 16 31 -15 3 6 Computer 38 59 -21 101 19 Computer Tutor 6 2 4 5 2 Exercise 46 33 13 13 11 Golden Tones 39 109 -70 4 5 Pilates 15 9 6 4 3 Quilting 16 19 -31 5 4 Sketching/Drawing 16 11 5 3 3 Tai Chi / Tai Chi Arthritis 6 37 -31 2 10 Tap Dance 17 0 17 3 0 Watercolor 11 38 -27 3 5 Woodcarving 17 27 -10 4 4 Yoga 6 0 6 31 0 Senior Leisure Classes Total 267 397 -130 66 77 TOTAL SENIOR PROGRAMS 903 960 -57 88 105 Senior Services AARP "55" Course 21 38 -17 2 2 FIND Food Distribution 162 186 -24 3 4 I.I.D. Energy Assistance/No fee 136 67 69 7 10 Volunteers 14 11 3 n/a n/a TOTAL SENIOR SERVICES 333 302 31 12 16 SENIOR CENTER TOTAL 1236 12s2 -2s 100 121 5 DEPARTMENT REPORT: a, o``oc&ht 4 ti5 cF�t OF TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: July 19, 2005 RE: Public Works/Engineering Department Report for June 2005 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; 5. SilverRock Resort June Budget and Comp Report. dothy R J na n Public Works Dir for/City Engineer 46 FQ- z 5 d Q J W O Q J 2 F- Z O H W Ci W w W V W N Z W N H U 0 0 N W Z •. N CD N N O O FT N. 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Mg. Code Activity 4 Men 3 Men 2 Men 1 Man Total 1000 Policing/Inspection 49 19 0 29 97 1001 Pot Hole -Repair/Patching 24 7 0 0 31 1002 Crack/Joint-Repair 0 01 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 6 0 0 0 6 1006 Other Traffic Controls 20 3 0 0 23 1007 Curb & Gutter Repair/Const. 0 0 2 0 2 1008 Other Concrete Re airs/Const. 0 0 0 0 0 1009 Street Sign Install New 131 7 0 0 20 1010 Street Sign Repair/Maint 211 6 1 0 28 1011 Debris Removal 6 98 0 3 107 1012 Right of Way Maint. 29 4 0 0 33 1021 CLEAN Catch Basin Inlet/Outlet 1 0 0 0 1 1022 Rondo Channel OutieWault 27 0 0 0 27 1022A Desert Club Outet/Vault 01 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 108 0 7 115 1024 Gutter/Median Sand Removal 0 01 0 0 0 1025 Street Sweeping (Machine) 118 01 0 0 1 118 1026 Street Sweeping (Hand) 0 2 0 0 2 1027 Sidewalk/Bike Path Cleaning 0 0 25 025 1028 Dust Control 0 130.5 0 0130.5 1029 Flood Control 0 0 0 00 1031 Parks/Retention Basins Inspection/Clean- 4 16 156 2178 1041 Mowing/Weeding, Shrubs & Tree Trimmin 116 19 10 03 145 1051 LandscapeArrigation Contract Managemer 3 2 118 17 140 1052 Lighting/Electrical Contract Management 0 0 0 15 15 1061 Small Tools Repair/Maint. 5 0 0 0 5 1062 Equipment Repair/Maint. 2 7 0 0 9 1063 Vehicle Repair Maint. 17 9 0 0 26 1081 Trash/Litter/Rec cable Removal 4 2 2 0 8 1082 Vandalism Repairs 0 0 0 0 1 0 1083 Graffiti Removal 84 16 26 0 126 1084 Maint. Yard Building Maint. 16 0 6 0 22 1085 Seminarslfraining 0 0 8 14 22 1086 Special Events 5 0 0 0 5 1087 Citizen Complaints/Requests 77 61 4 0 87 1088 Meeting 11 19 2 40 72 1089 Office (Phone, paperwork, reports, Misc.) 12 18 0 55 85 SUBTOTAL 670 498.5 360 182 1710.5 1091 Over Time 11 32 6 0 49 1094 Jury DutyO 0 0 0 0 0 1095 Sick Leave 2 34.5 0 0 36.5 1096 Vacation 80 35 24 10 149 1097 Holiday 401 32 16 8 96 1098 Workman Comp. 01 0 0 0 0 1099 Bereavement 81 0 0 0 8 SUBTOTAL 141 133.5 46 181 1 338.5 TOTAL HOURS 811 6321 406 2001 1 2049 TOTAL MILES 3321 12481 1355 266 6190 -3 � SilverRock Resort Comp Report Jun-05 Y-T-D Total COMP CATEGORY # of Rounds April 2005 May 2005 June 2005 Media 39 14 8 17 Sales 23 4 2 17 Promotion 8 0 8 0 Golf Industry 7 5 2 0 VIP 4 4 0 0 Celebrity 4 4 0 0 PGA Comp 18 0 4 14 City 0 0 0 0 Charity / Gift Cert. 4 0 4 0 Bad Experience 0 0 0 0 Club Staff 67 21 26 20 Total 174 52 54 68 E CD o O o .,Ooo o w w d of oo v a) N V 9 ai C N O 7 N �' O -4' m W O O m M V 0 1� N M LO W w Cl) u EH ER 69 M O O O O N Cn M N N 7 c0 Co Co Cp M G yam+ V N Q A Q Lo M d 9 LL C � 69 b9 E? W Co O O O G W W co 00 R N O tIQ G 7 0 N O m M car! m ` r 9 Cl)a, CO C N oLn 0 0 0 a Ta of od �i .-- w Q V M a O 1� N a0 In Cl) cp O ) N M N G tlf �. O O O O y M 0O0 O N c-, O 7 O O O mLo co O m M 0) N M tl! M ` C a � 0 0 o c mcIC1i vLO R � N < M <NfJ Cp Q O a) co M N O co N N N too tll N N y a C � H w O O O O y N OD 'O CO+) O U t0 7 M pp m 0 W Cn m l j (D 00 N N M P9 W N � 69 64 e!i V► O O O Q y 01 7 CoN QM LO CDwN �rn co co R N C 40% 64 H9 M cn Q a o 0 d o 0 0 d �' O U U') CD O LQ N La v = O COD N co LL r a w rr^l N v/ t- V> EH 69 H �+ co E LEn o� rn m o O mC)o! � F- �%% L rn o Q M v to Q o occr rn m y Vi GH 69 Vol ii""11 LL��WLL// t 0 L y o43 cu N v � c c c C U d U DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT JUNE 2005 471 City of La Quinta La Quinta Police Department Captain Walter Meyer, Commanding June, 2005 Highlights (Numbers in parenthesis denotes number of calls for service that day) Wednesday. 06-01-05 (71): 2045 hours - Deputy Butvidas contacted Vernon Neal of Indio on a bike stop at Jefferson and Fiesta, La Quinta. Neal was arrested for possession of a controlled substance and violation of probation. He was booked into Indio Jail. Thursday, 06-02-05 (77): 2300 hours - Deputy Burk responded to the 78-600 block of Ave. La Fonda, La Quinta regarding a subject threatening to harm herself and others. The investigation revealed that the female was trying to stab herself and threatening to kill her unborn child and her boyfriend. She was transported to Desert Regional for a 72-hour evaluation. 1700 hours - Deputy Moore responded to Home Depot in La Quinta regarding a commercial burglary. Security had one in -custody, however, the second suspect fled the store in a vehicle. Deputy Moore obtained some information from security then went out to check for the second suspect. He located a subject matching the suspect description driving in the area and a felony stop was initiated. The second suspect was positively identified. Arrested for commercial burglary and conspiracy were: James Brunk of Tucson, AZ and Steve Mills also of Tucson. Friday, 06-03-05 (69): No significant activity to report. Saturday, 06-04-05 (54): No significant activity to report. Sunday, 06-05-05 (48): 2028 hours - Deputy Lewis responded to the 51-500 block of Ave. Diaz in reference to a domestic dispute. Upon arrival, she met with Ignacio Torres and Maria Sacakusumah. According to both parties, during an argument Ignacio became irate and broke some clay pots outside the residence. He then entered the residence and threw a 30 lb. dumbbell through the sliding glass door. Inside the house, the two became physical. Both requested criminal charges be filed against the other. Maria and Ignacio were arrested for spousal battery. Maria's 9-year- old child was released to family members and their one-year old was turned over to CPS. Maria and Ignacio were booked into the Indio Jail for spousal battery. Ignacio was also charged with child endangerment. Monday, 06-06-05 (76): No significant activity to report. Tuesday. 06-07-05 (60): 0030 hours - La Quinta units responded to a possible car jacking that occurred in north La Quinta. The victim was following the suspects. Deputy Leary stopped the car on Nogales at Bermudas and a high -risk stop was conducted. The driver fled and the two remaining passengers were detained. After an investigation was concluded, it was determined that the suspects were attempting to burglarize the vehicle, not steal it. Deputy Leary seized three car stereos. The suspect vehicle was cold plated with a Baja California license plate, however, the VIN returned to a DHS resident. DHSPD responded to the last known address for contact, but the registered owner no longer lives at the location. It is possible that the vehicle is an unreported stolen vehicle. Deputy Leary is continuing his investigation. Wednesday, 06-08-05 (73): No significant activity to report. Thursday, 06-09-05 (87): 0650 hours - Deputies and Investigators responded to the area of Ave 62 and Monroe, La Quinta, regarding a human skull. A person working in the grape fields discovered the skull. The coroner responded and took custody of the skull. The investigation is continuing. Friday, 06-10-05 (82): 1321 hours - Deputy Knight conducted a traffic stop at Calle Sinaloa and Avenida Diaz. The driver, Gina Ayala, of La Quinta, did not have a license on her person. Deputy Knight requested Ayala to sit in his unit for identification purposes. She refused to cooperate and Deputy Knight had to use force to detain her. Ayala was cited for 7 traffic violations and was arrested and booked into jail for delaying and obstructing a peace officer in the line of duty. 1840 - Deputies responded to Big 5 at Washington and Hwy 111 regarding a suspicious person. The subject arrived in a stolen vehicle and was seen looking into other cars. This call ended in an officer involved shooting; see the press release for further details. Saturday,06-11-05 (72): 1308 hours - Deputy Knight responded to Stater Brothers Market in La Quinta regarding a male in custody for shoplifting. Deputy Knight contacted Robert Dunn, of Rancho Mirage, who had taken Tequila and beauty supplies from the store without paying for them. A computer check revealed Dunn had priors for thefts. He was arrested and booked for theft with priors and burglary. 2130 hours - Deputy Adams arrested Charles Abonce of La Quinta for DUI at Calle Tampico and Washington. He was booked into Indio jail. 0135 hours - Deputy Gaunt arrested Mary Goeden of La Quinta for DUI at Bermudas and Colima. She was booked into Indio jail with a BAC of .24% and .25 %. '17 3 0235 hours - Deputy Adams arrested Jami Fabatz of Palm Desert for DUI at Hwy. 111 and Simon Dr. He was booked into Indio jail with a BAC of .10% and .10%. Sunday, 06-12-05 (64): 1121 hours - Deputy Knight arrested Carl Freeman, a transient, for public intoxication at Stater Brothers in La Quinta. Freeman was harassing customers. 1630 hours - Deputy Verduzco was flagged down regarding vandalism on the 52000 block of Avenida Madero, in La Quinta. His investigation led to the arrest of Brian Alderete and Dario Salazar both from La Quinta, for felony vandalism, conspiracy, and obstructing a peace officer. Monday, 06-13-05 (61): No significant activity to report. Tuesday, 06-14-05 (62): 0745 hours - A call of a man with a gun was received at the bus stop on S.R. 111 and Washington Street, in La Quinta. Units responded and conducted a search of the area. During the investigation, we received reports that the suspect fled in a green van westbound toward Palm Desert. Deputy Orr located the van and after sufficient units arrived to assist him, a felony stop was initiated. Once the occupants were removed, the suspect and the weapon were located. The suspect was identified as Joe Meza currently residing in Cathedral City. Meza has gang ties to South Side Indio. Meza was arrested for weapons charges, violation of probation, a convicted felon with a gun, and an outstanding felony warrant for burglary. Wednesday, 05-15-05 (67): 0933 hours - Deputy Butvidas arrested Eduardo Tenabe from La Quinta for possession of a controlled substance during a pedestrian cheek. Approx. 2 grams of Methamphetamine, a glass smoking pipe, and a false I.D. card were located on Tenabe. Thursday, 06-16-05 (66): 0700 hours - La Quinta SET assisted CVNTF with a search warrant for narcotics on the 79000 block of La Torres in La Quinta. The search warrant was safely executed, however, no narcotics were found. Deputy Myers will be filing charges against Peter De La Garza for being a felon in possession of ammunition. Code Enforcement also responded to the address for numerous code violations. Friday. 06-17-05 (76): 0830 hour - Deputies responded to the 54-700 block of Avenida Rubio, La Quinta regarding a child abuse in progress. At the location they contacted Vincenca Paterno, of La Quinta. She had scratched and hit her 16-year-old son. Paterno is on parole and admitted to hitting her son. She was arrested and booked into jail for felony child abuse, and violation of parole. Saturday. 06-18-05 n: No significant activity to report. Sundav, 06-19-05 (38): 0800 hours - We received a call of an unattended death involving a one -month -old infant on the 53000 block of Avenida Velasco, in La Quinta. This investigation was treated as a suspicious death since it involved an infant. Notifications were made to Lieutenants Navarro and Walker. Investigator Peters responded and assumed the investigation. The coroner's office was also called, and a courtesy call was made to the C.H.U. Monday. 06-20-05 (55): 0500 hours - Deputies responded to the 77000 block of Calle Chihuahua to a burglary in progress. Deputies found the garage door open and a 2-foot by 2-foot hole cut near the center of the door. The witness described a vehicle that was seen leaving the residence. Sgt. Hignight located the suspect vehicle on the 52000 block of Eisenhower. Stolen property was found inside the car and suspects were seen fleeing into nearby yards. A perimeter was set up and the suspects were eventually located. Efran Sanchez, of Indio, and Jesus Valenzuela, of La Quinta, were arrested and booked at the jail for residential burglary, possessing stolen property. Valenzuela was also booked for marijuana cultivation and marijuana for sales. 0929 hours - Deputy Knight arrested Francisco Lopez from La Quinta. The arrest was for an outstanding misdemeanor warrant for domestic violence on the 78000 block of Avenida La Torrez, La Quinta. 1329 hours - Deputy Lewis responded to the Kohls Department Store in reference to a shoplifter being detained for attempting to steal a pair of tennis shoes. Upon arrival, she met with the store security and the detained subject Alexcia Johnson of Cathedral City. The investigation revealed that Johnson had entered the store with the intent to steal the store merchandise and was arrested for burglary. Johnson was then transported and booked into the Indio Jail. Tuesday, 06-21-05 (62): No significant activity to report. Wednesday. 06-22-05 (64): 0200 hours - Deputy Leary responded to the 54-700 block of Ave. Ramirez, in La Quinta regarding a vehicle burglary in -progress. When Deputy Leary arrived, one of the victims was in a physical fight with the suspect. The suspect was taken into custody without further incident. Booked into Indio Jail was Andres Madrigual of Thermal. He was charged with burglary, grand theft and criminal threats. Thursday, 06-23-05 (70): 0400 hours - Deputy Burk handled a 5150/runaway call in the 52-900 block of Ave. Carranza. A male juvenile left home and called his mother and stated he wanted to kill himself. At 0330 the juvenile began calling PSAP and stating he had a gun and was looking for our units. Deputies Y%J located the juvenile near his residence and took him into custody without incident. He was taken to Desert Regional for a 72-hour mental health evaluation. Friday, 06-24-05 (68): No significant activity to report. Saturday, 06-25-04 (70): 1025 hours - Deputy Butvidas and Deputy Knight arrested Ernest Barraza, of La Quinta for possession of a controlled substance, burglary and violation of probation during a family disturbance call at Dune Palms Mobile Home Park. 1530 hours- Deputy Butvidas arrested Walter Reyes, of La Quinta for possession of marijuana and possession of paraphernalia at Ave 50 and Jefferson after a bike stop. Sunday, 06-26-05 (51): 1750 hours - Deputy Ortega responded to the 78-600 block of Hwy 111 in reference to a person laying unconscious in a vehicle that was parked in the parking lot. Upon arrival, Deputy Ortega found Reginald Ramirez inside a vehicle intoxicated to the point where he could not care for his own safety. Ramirez was arrested for public intoxication and booked into the Indio Jail. 1855 hours - Deputy Ortega responded to the area of Seeley St and Alden St in the City of La Quinta in reference to juveniles found in possession of a Molotov Cocktail. Upon arrival, Deputy Ortega met with the reporting party and two male juveniles. The juveniles confessed to placing gasoline in a bottle and sticking a piece of cloth in the opening. The device was never lit. However, the suspects were planning to light the device and throw it into the street. Both of the juvenile were arrested for being in possession of an explosive device and were booked into Indio Juvenile Hall. HDT Tech responded to the scene and collected the explosive device as evidence and will test the liquid and check the item for latent print evidence. Monday, 06-27-05 (53): 0025 hours - Deputy Lushia and Deputy Leary arrested Rocky Willeford, of Palm Desert, at Dunes Palms and SR 111 for possessing methamphetamines. The arrest came about after a traffic enforcement stop. Tuesday, 06-28-05 (75): 1140 hours - Deputy Butvidas arrested Joel Melgoza of Oasis for possession of a prohibited weapon (billy club) during a traffic stop at Jefferson St. north of Ave. 49. Melgoza is an Ave. 76 gang member and possessed photos with himself "flashing" signs in front of Oasis Ave. 76 gang graffiti. He was booked at Indio Jail. Wednesday, 06-29-05 (67): No significant activity to report. 4*7 �' Thursday, 06-30-05 (67): La Quinta SET executed a search warrant for stolen golf clubs in the city of Irvine. Approx. 50 golf clubs were recovered from the location, 10 of which were positively identified as stolen clubs from recent PGA West burglaries. The homeowner's were legitimate business people who had recently started purchasing clubs from two individuals in the Coachella Valley. All records and transactions were in order, including logbooks, receipts and purchase orders. The investigation is continuing. 2330 - Deputies responded to the 78-300 block of Scarlet Ct., La Quinta regarding an unknown trouble. A female called 9-1-1 screaming then the phone disconnected. After receiving no answer at the residence, the neighbor living above the location was contacted and told us he heard arguing. The neighbor said it was suddenly quiet and the male's vehicle left the area. Based on this information, Cpl. Swan forced open the front door so we could check for a possible victim. No one was found inside, however, several items had been thrown around. The residents came home as we were completing the investigation. Both said they were involved in a verbal argument, but denied any violence. No signs of visible injuries to either party. Total calls for service: 1955 477 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS JUNE 2005 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Calls for service & B/U' Red light / Stop sign Child Seat Violations 68 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 0 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving 19 0 41 4 4 7 12 41 2 18 23 45 6 huH&S 0 HIGHLIGHTS 4' 3 La Quinta Police Department Special Enforcement Team Monthly Report June., 2005 (Dep. Wedertz, Dep. Celaya, Sgt. Jimenez, Dep. Olsen, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of June. Ongoing Investigations 4 Probation Searches 0 Parole Searches 0 Arrests/ Filings 1 Vehicle checks 7 Business Contacts 11 Investigation assists 3 Arrest Warrants Served 1 Arrest Warrants Attempted 1 Programs 0 Pedestrian Checks 9 Crime Prevention Hours 0 Bar Checks 0 Back-ups 5 Follow-ups 31 Search Warrants 1 Meetings 2 Recovered Stolen Property 15 golf clubs Citations issued 0 Surveillance's 1 Property Checks 5 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 0 Total Mileage: 1143 miles Noteworthy Accomplishments: ♦ Arrested Hildardo Garcia of 914 for 459PC-Burglary warrant. ♦ Arrested Hector Monroy 22 of 914 for 148PC-Resisting arrest. ♦ Conducted surveillance in the city of Irvine reference upcoming search warrant. ♦ Conducted a search warrant at 23 Windsong in the city of Irvine, recovered approximately 50 golf clubs and golf paraphernalia from the location. Approximately 15-20 clubs were confirmed stolen from La Quinta burglary's. 413 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT June 2005 School: La Quinta High School Deputy: Robert Brooker 5- Criminal Reports 2- Non Criminal Incidents 0- Arrests 1- DA Filings 1- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Pedestrian Checks School Session: June I" through June 30t", 2005 Highlights: ➢ This month was the end of the school year, and beginning of summer school. I assisted the school staff with school related problems, and parents who are having problems with their high school age children at home. In most of those cases I referred the parents and students to the Student Assistance Program at the District Office, or conflict mediation at the school site. ➢ I handled, the usual, thefts of cell phones from the locker rooms. This month, no fights between students were reported. However, during the graduation ceremony, one adult family member served another adult family member with civil papers. The recipient of the papers claimed to have been battered by the family member who served the papers. This incident was not reported the night of the graduation, and no witnesses came forward. I filed the case with the District Attorney's Office. ➢ Summer School is in session, with about 1320 high school students, and about 80 middle school students on campus. The high school and middle school students take breaks and eat lunch at different times to minimize their interaction. There have been no significant incidents since summer school started. RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION Explorer Post 503 Program Report June 2005 Submitted by Explorer Post Advisor Dep. Andy Gerrard • Post 503 Explorers competed with Explorer Posts from several states in the June 10-12, 2005 Ex -Con Las Vegas, Nevada Explorer Competition. Indio Station Explorers hit the "jackpot" during the force options scenario (had great teamwork along with excellent officer safety skills during the event) and brought back one large trophy! The competition was a big hit for the Explorers! • There were 4 training meetings for Post 503 Explorers during June (1, 15, 22, and 27). The meetings covered competition event practice, bicycle patrol, felony stops, physical training, defensive tactics, marching and formation training and building searches. Deputies Sarah Bautista, Manny, Alvarado and I coordinated the training during the meetings. • The Explorers enjoyed a barbeque and swim party in Palm Desert on June 22. Sergeant William Sullivan hosted the event. • One upcoming event is the Riverside County Sheriff's Department 2005 Explorer Academy. The academy is scheduled for August 7-11 at Ben Clark Training Center in Riverside. Several Post 503 Explorers are preparing to attend the academy. 481 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT J U N E 2005 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Summary of Activity for the Month of January Type of Activity Number of Incidents Burglary Investigations 13 Grand Theft Reports 5 PettyTheft Reports 8 Vandalism/Malicious Mischief Reports 11 Vehicle Theft or Recovery Reports 2 Traffic Collision Response 13 Vehicle Code or Parking Citations 14 Abandoned Vehicles Tagged w/ Warning 15 Towed Vehicles 2 Lost or Found Property Reports 8 Area Checks /LQ Skate Park/Laborers 22 Public Assistance 16 Custodial and Non -Custodial Transports 8 Miscellaneous Calls 12 City of La Quinta Community Oriented Policing Office and Volunteers Report June, 2005 Highlights: • The volunteer program averages fourteen volunteers who are assisting in many capacities in the La Quinta CPO. • There are five new applicants for volunteers in the background process. • Several volunteers enter all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. Two volunteers are assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • Volunteers are inputting data for statistical analysis for an ABC Grant. • Ongoing training programs are planned. • Proposals are being developed to increase the activities of the volunteers to include a Patrol Program. Volunteer Hours and Monthly CPO Stats Monthly YTD Totals (4/03 to Present) Hours 309 1501 6277.5 Visits 139 882 3831 483 ,�pWyWYf�Yi� i b;L{i4u/�+ r yyt7?u Y+�Yi 5 r ,+-` 0 O o 0 0 0 NN N NVOD N COND o N O 0 O r I— I � LO CDM V- w CD N cor r r N CD O O CV)r�� O11" CO M O co00 O N N M O O r 0 CflCO L� O Nr CC) O M Z_ $ C _ 0 J i W 0 U U � i U a U) a Z } LL i w w Q W= m w D U z U U w } w z ¢ U w��-� Wz0 0-,Q � o wmVOU z?w w �amcnofM:wU) ¢ 0 0 m ¢0 0 0 a w w¢ 2�x¢m>w¢ZI- O r N M VU-) (D H CO a co a� m a w a) U .r. O � C � 41 U `9 Q = Q U a Z O Q N O OLU j U Zz r CD a a LU Z 1- d O Z aLU N N Z Z U = O Q or a O -J U W z W (Qj W j ~ W W r 0 0. 0 N E H N H C 0 a w d rn m Q ai N 0 0 mm 0 a E r co 0. 0 N 4) 0 U d 0 m 0 43J J } Z cQ j 810 co COW QLL W m IR o m� O w Z W U gOo Oo M LL W L W J 0 � I U 2 W 436 70 60 50 40 30 20 10 0 CITY OF LA QUINTA May Crime Comparisons o May-05 m May-04 61 57 55 x 42 16 15 13 8 t MIR 0 0 0 0 1 0 0 HOMIODE RAPE ROBBERY ASSAULT (F) BURGLARY VEHTHE=T THFFULAROBIN ARSON (F) CITY OF LA QUINTA Year to Date Crime Comparison - May 450 — 400 391 350 300 268 254 250 208 200 150 100 45 55 50 0 0 1 0 7 9 0 HOMICIDE RAPE ROBBERY ASSAULT (F) BURGLARY VEH THEFT THEFT/LARCENY (F) ® YTD 2005' m YTD 2004 437 2500 2000 1500 1000 500 0 12000 10000 8000 6000 4000 2000 0 Month to Month Calls for Service Comparison - May 2005 2182 �-, 2079 802 795 1284 Total Non-Crirrinal Criminal Year to Date Calls for Service Comparison 10589 10679 9i# L x ;y- 1 J.k. Kam.. ,. 3984 r �I It �V—a Total Non-Crirrinal Criminal ® May.2005'1 m May.2004I ® YTD 2005',' O YTD 2004 4 93 Month to Month Traffic Activity Comparison 450 400 350 300 250 200 150 100 50 0 o w, 333 r N 38 14 6 12 e 0 4 2500 2000 1500 1000 500 0 TRAFFIC CITATIONS DUI T/C NON -INJURY T/C INJURY T/C FATAL Year to Date Tragic Comparison 2371 1745 196 223 153 192 63 S5 0 0 TRAFFIC CITATIONS DUI T/C NON -INJURY T/C INJURY T/C FATAL i ® YTD 2005 ® YTD 2004 i1 3 3 Presented by: Department Report City of La Quimnta Fire Department Quarterly Report Dorian J. Cooley Battalion Chief 1-0 Craig E. Anthony Fire Chief Proudly sewing the areas of Riverside County and the Cities of Bamling Beaumont ., Calimesa Canyon Lake 4 Coachella A. - Desert Hot springs Indian Wells .e hdio Lake Elsinore .v La Quinta .e Moreno valley .- Palm Desert ., Penis 4- Rancho Mirage San Jacinto Temecula Board of supervisors Bob Buster, District 1 John Tavaglicne, District 2 Jeff stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT 210 West San Jacinto Avenue • Perris, California 92570 . (951) 940-MM . Fax (951) 940-6910 July 9, 2005 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for April 1 through June 30, 2005. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 386 • False Alarms 50 • Structure Fires 5 • Vegetation Fires 10 • Rescues (accidents, entrapments) 60 • Other Fires (vehicle, refuse, etc.) 13 • Public Service Assists 24 (Non -emergency assistance) • Fire Menace Standby 13 (Fuel spill, gas leak etc.) The second quarter of this calendar year brought a significant change to our fire department operations. On May 9, we transitioned from 2-person staffed fire engines, to 3-person, Paramedic equipped units. Increasing the staffing from 2 persons to 3 results in greater efficiencies while handling our critical calls such as fires, accidents or serious illnesses. Likewise, by having a Paramedic on each unit, we are able to provide advanced medical care to all areas of the City as well as respond to more than one medical emergency at a time. The City has raised the level of service rendered and can be proud of the Fire Department it provides for our residents. To this month's report, I have attached photos of an interesting rescue which occurred within the City just before midnight on May 7, 2005. On this night a vehicle traveling southbound on Washington St. left the roadway, struck a large water system check valve, and overturned on the former grounds of the Art Festival. The sheared -off pipe began gushing over 3,000 gallons per minute into the basin around the overturned car. The driver was still inside the vehicle. The water level quickly reached 2 to 3 feet deep as personnel from both our Fire and Sheriffs Departments struggled to remove the victim. While this was being accomplished, additional personnel from surrounding stations quickly responded to search the flooded pool for any additional victims who may have been thrown from the wreckage. Respectfully submitted, Craig E. Anthony Fire Chief By: Dorian I Cooley Battalion Chief Attachments 92 La Quinta City. Fire Responses Quarter Totals ■ Structure Fire ■ Vegetation Fires ❑ Rescues ■ Other Fires ■ Public Service Assists ■ Fire Menace Standby April-05 May-05 June-05 Totals Medical Responses 138 125 123 386 False Alarms 16 14 20 50 Structure Fire 2 1 2 5 Vegetation Fires 1 3 6 10 Rescues 27 14 19 60 Other Fires 1 1 11 13 Public Service Assists 6 10 8 24 Fire Menace Standby 5 1 3 5 1 13 TOTALS1 196 1 171 194 1 561 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons 132005 ■ 2004 400 350 300 250 200 150 100 50 0 Second Quarter 2005 2004 Medical Responses 386 334 False Alarms 50 42 Structure Fire 5 1 Vegetation Fires 10 4 Rescues 60 49 Other Fires 13 15 Public Service Assists 24 10 Fire Menace Standby 13 9 TOTALS 561 464 7/snoos ",4 Right: Firefighters probe the flooded basin looking for additional victims. 12 fire personnel were responded to this incident. Left: Water continues to flow from the broken main, even after valves were finally shut off. Right: Sheared off valve assembly lays approximately 200 ft. down the roadway. Water Dept. staff report that this broken part alone weighs nearly 2,000 lbs.! r r ` COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution: 1) Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2005-535; and 2) Approving Tentative Tract Map 33336, the Subdivision of Eight Acres into 23 Single -Family and Other Miscellaneous Lots, Located on the North Side of Avenue 58, 1,950± Feet West of Madison Street. Applicant: GLC/Duc La Quinta, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I - RECOMMENDATION 1. Adopt a Resolution of the City Council certifying Environmental Assessment 2005-535, subject to the Mitigation Monitoring Plan; and 2. Adopt a Resolution of the City Council approving Tentative Tract 33336, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Background The project site is located immediately south of PGA West and west of Santa Rosa Trails, which is under construction (Attachment 1). The site is an irregularly shaped lot, 1,324-feet deep with 242 feet of width on Avenue 58, and 330 + feet of width on the north boundary. A 1.7-acre parcel at the southeast corner of the site is being retained by the seller of the property and is not a part of this subdivision. S:\CityMgr\STAFF REPORTS ONLY\PH 1 DUC.doc To the west of the subject property is Tentative Tract 32279, a 31 lot single-family subdivision approved for this applicant last year. These tracts will share vehicular access to Avenue 58 via a common driveway (Attachment 2). General Plan Designation LDR (Low Density Residential, up to four (4) dwelling units per acre). Zoning RL (Low Density Residential). Surrounding Zoning/Land Uses North: RL / PGA West South: RL / vacant East: RL / residential project under construction West: RL / approved TT 32279 (for Duc Housing Partners, Inc) Project Request The applicant is proposing to subdivide the eight acre site into 23 single-family residential lots (Attachment 3). Several miscellaneous lots would be created, for a storm water retention area, common area landscaping and the private street. The proposed density of this subdivision is 2.87 dwelling units per acre which is within the maximum four dwelling units per acre range allowed in the Zoning Code and General Plan land use designation of Low Density Residential. The existing RL zoning on the property requires a minimum lot size of 7,200 square feet. All lots exceed this requirement with the smallest lot being 9,913 square feet, the largest 12,508 square feet and an average of 10,720 square feet. One retention basin lot consisting of 54,904 square feet is proposed adjacent to Avenue 58. The project will share an entry from Avenue 58 with the adjacent approved Tentative Tract 32279 to the west. The project will have a single 36-foot to 40- foot wide private street with security gate access near Avenue 58. The street "bows" out at approximately the mid point of its length to provide a turnaround and traffic calming device. The street is shown with a landscape island used at the cul- de-sac bulb and bow -out point. A ten -foot wide landscape median is shown at the entry of the private street entry on Avenue 58. The 1.7-acre parcel at the southeast corner of the property, that is being retained by the seller of the land will be provided a driveway access to the private street inside the gated entry to his existing residence. It will have its own security gate at the driveway and be enclosed by a masonry wall. �97 S:\CityMgr\STAFF REPORTS ONLY\PH 1 DUC.doc Cross sections are provided on the four sides of the site. On the east and west, which are adjacent to residential lots, the grades on either side will be the same or just slightly (± one foot) higher. Along the rear property line to the north in PGA West, there is a landscape strip and then a private street with houses on the north side of the street. Along this property line the subject site pad elevations are slightly (1-1.5 feet) lower than the adjacent grades in PGA West. All existing masonry walls will remain. It may be necessary in places to construct short retaining walls in front of some of the existing walls. Environmental Considerations Environmental Assessment 2005-535 was prepared for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. The Planning Commission has determined that the project could have a significant adverse impact on the environment; however, mitigation measures will reduce the impact to less than significant. Therefore, the Planning Commission recommends that a Mitigated Negative Declaration of environmental impact be certified for this project. Public Notice This request was advertised in the Desert Sun Newspaper on July 9, 2005 and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comments, with any pertinent comments received incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission reviewed this request at its meeting of June 28, 2005. The Planning Commission determined the project was acceptable and adopted Resolutions 2005-029 and 2005-030, recommending approval of the request, subject to Conditions of Approval. This included a revision to Condition No. 53A.1.a. pertaining to improving the entire Avenue 58 frontage, including the "not a part" lot on the east side (Attachment 4). FINDINGS AND ALTERNATIVES: The proposed Environmental Assessment and Tentative Tract Map comply with applicable City requirements. The Findings to approve these requests can be made 498 as noted in the attached City Council Resolutions. S:\CityMgr\STAFF REPORTS ONLY\PH 1 DUC.doc The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council certifying Environmental Assessment 2005-535 subject to the Mitigation Monitoring plan; and Adopt a Resolution of the City Council approving Tentative Tract 33336, subject to Conditions of Approval; or 2. Do not approve Resolutions of the City Council certifying Environmental Assessment 2005-535 and approving Tentative Tract 33336; or 3. Provide staff with alternative direction. Respectfully submitted, e1v Douglastit�y vans Commu Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location map 2. Combined TT 32279 and TT 33336 map 3. Tentative Tract Map Exhibit 4. Planning Commission minutes for the meeting of June 28, 2005 S:\CityMgr\STAFF REPORTS ONLY\PH 1 DUC.doc U RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 33336 ENVIRONMENTAL ASSESSMENT 2005-535 GLC/DUC LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 191h day of July, 2005 hold a duly noticed Public Hearing to consider the request of GLC/Duc La Quinta, LLC for Environmental Assessment 2005-535 prepared for Tentative Tract 33336 located on the north side of Avenue 58, 1,950 feet west of Madison Street more particularly described as: APN: 762-240-012 WHEREAS, 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, findings, and reasons to support certification of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2005-535. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\ea 05-535 ccres.doc City Council Resolution No. 2005- Environmental Assessment 2004-535 GLC/Duc La Quinta, LLC Adopted: July 19, 2005 the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2005-535 and said Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. WHEREAS, the Planning Commission of the City of La Quinta, California did on the 28' day of June, 2005, hold a public hearing to consider this request, and adopted Resolution 2005-029, recommending certification of this Environmental Assessment; and, WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on July 9, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2005-5135 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\ea 05-535 ccres.doc City Council Resolution No. 2005- Environmental Assessment 2004-535 GLC/Duc La Quinta, LLC Adopted: July 19, 2005 3. That Environmental Assessment 2005-535 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of July, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\ea 05-535 ccres.doc City Council Resolution No. 2005- Environmental Checklist Form (EA 2005-535) 1. Project title: Tentative Tract Map 33336 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: North side of Avenue 58, approximately 1,950 feet west of Madison Street. Project sponsor's name and address: GLC/Duc La Quinta LLC 14107 Winchester Blvd., Suite H Los Gatos, CA 95032 6. General plan designation: Low Density 7. Zoning: Low Density Residential Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) A proposal to subdivide a 8 acre parcel into 23 single family lots of at least 9,900 square feet or more, including the inclusion of an existing single family home. The parcel is 8 acres. A single cul-de-sac is proposed for the center of the site. Access to Avenue 58 is proposed to be shared with the parcel immediately west, which was subdivided under Tentative Tract Map 32279. A large retention area is proposed for the frontage of the property on Avenue 58 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Low Density Residential, Golf Course, existing single family homes & golf South: Low Density Residential, Avenue 58, vacant desert lands West: Low Density Residential, vacant desert lands East: Low Density Residential, vacant desert lands 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Jl 33 -1- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, X there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature M4y27, 2005 Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the proj ect. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The project site currently includes one single family home, and vacant lands. Avenue 58 is designated an Agrarian Image Corridor, and the project proponent will be required to make parkway improvements consistent with that designation. There are no rock outcroppings, trees or historic buildings on the project site. The City limits building sizes in the Low density designation to no more than two stories. Although no homes are proposed as part of this subdivision, the project proponent will be required to comply with these requirements, thereby limiting the potential impacts associated with view blockage. The site, is surrounded by lands designated and subdivided (although not yet constructed) lands, which are likely to develop in a similar manner. Impacts associated with scenic resources and vistas are therefore expected to be less than significant. The primary sources of light on the property at buildout of the site will be from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Car headlights will represent only a temporary and periodic minor impact to light in the area. Impacts are expected to be less than significant. S b4 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The site us located in an area of the City which is rapidly urbanizing. The site is designated for Low Density Residential, and residential and golf course development occurs to the north and west. Agricultural lands occur to the east of the property, but are limited and isolated. Agricultural activity is concentrated to the south and east of the site, and not in this area of the City. There are no Williamson Act contracts on the site. Impacts associated with agricultural resources are expected to be less than significant. M J 0 7 Potentially Less Than Less Than No Significant Signifcant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X. implementation of the applicable air quality plan? (SCAQMD CEQA Handbook, Project Study) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) Air quality emissions will result from both project construction, and activities of homeowners once the site is built upon. Each of these impacts is addressed individually below. Construction The City, and the Coachella Valley as a whole, are in a severe non -attainment area for the generation of PM10, a component of fugitive dust. Fugitive dust will be generated by grading activities on the project site. In order to improve impacts associated with fugitive dust, the City participates in, and implements regional plans for its prevention and suppression, including the mandatory preparation of PM10 Management Plans for construction projects. It can be anticipated that the entire 10 acre site will be mass graded. Under mass grading conditions, the site has the potential to generate 265.1 pounds of fugitive dust each day. This level of fugitive dust exceeds the thresholds of significance established by the South Coast Air Quality Management District. Mitigation is therefore required, as follows: r- 1. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 2. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 3. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 4. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Avenue 58, and the project's perimeter wall, shall be installed immediately following precise grading. 6. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 7. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour The implementation of these mitigation measures is expected to reduce impacts associated with grading activities to less than significant levels. Operations The proposed project will result in the construction of 23 new single family homes (the existing home on the site will remain), which are expected to generate approximately 220 trips per day'. These vehicle trips will generate the following emissions. Table 1 Moving Exhaust Emission Projections at Project Buildout (hounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 220 x 15 = 3,300 PMI0 PMI0 PMIo Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Pounds at 50 mph 0.66 17.05 3.50 - 0.07 0.07 1 "Trip Generation, 7`b Edition," Institute of Transportation Engineers, for category 210, Single family detached. 1 SCAQMD Threshold (lbs /day) 75 550 100 150 Assumes 220 trips, ITE categories 210. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated, the buildout of the proposed project will not exceed thresholds of significance once the site is built out. Impacts associated with vehicle emissions are therefore expected to be less than significant. III. d) & e) The construction of retail commercial space is not expected to generate objectionable odors, or expose sensitive receptors to pollutant concentrations. 7)10 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service(General Plan MEA, pages 74-87) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, pages 74-87) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, pages 74- 87) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? General Plan MEA, pages 74-87) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance (General Plan MEA, pages 74-87) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? General Plan MEA, pages 74-87) IV. a)-f) The project site has been considerably disturbed. Portions of the site have been cleared, and off -road vehicle use is in evidence. The subject property is not located in a recommended survey area for sensitive species identified in the General Plan. Lands to the north are developed, and lands to the east have been disturbed. Lands to the south are isolated from this property by Avenue 58. The property is therefore isolated habitat, and is not expected to contain sensitive species. There is no riparian or wetland habitat on the subject property. The proposed project site is located outside the mitigation fee area for the Coachella Valley Fringe -toed Lizard. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("Phase I Archaeological Survey," ECORP, January 2005) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Phase I Archaeological Survey," ECORP, January 2005) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Evaluation Report," Cogstone, March 2005) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Phase I Archaeological Survey," ECORP, January 2005) V. a)-b) & d) A cultural resource survey was prepared for the project site2. In preparation for the report, both records searches and field surveys were completed. The records search determined that the project site has not been previously surveyed, but that previous surveys within a one mile radius of the project site had identified 31 archaeological site, one archaeological isolate, and two historic sites. The field investigation did not identify any archaeological or historic resources on the site. However, the high number of sites in the vicinity of the project site results in a potential for buried resources on the site. In order to assure that impacts associated with these resources are reduced to less than significant levels, the following mitigation measure shall be implemented. 1. A qualified archaeological monitor shall be present during all grubbing and earth moving activities. The archaeologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The archaeologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. Any resources found on the site shall be properly curated. Implementation of this mitigation measure will assure that potential impacts associated with cultural resources are reduced to less than significant levels. 2 "Phase I Archaeological Survey Report for a Property Located at 80600 Avenue 58..." prepared by ECORP r, ryry Consulting, January, 2005. 0 .1 J V. c) A paleontological resource survey was prepared for the project site 3. The survey included both records searches and field investigations. The records search determined that there had been no collection of fossils within one mile of the project site. However, the site was identified as having soils consistent with those associated with ancient Lake Cahuilla. The on -site investigation identified fossilized clams and snails on the property. As a result, the grading and trenching of the project site has the potential to significantly impact paleontological resources, without mitigation, as provided below. 1. A qualified paleontological monitor shall be present during all grubbing and earth moving activities in areas likely to contain resources. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be equipped to collect fossils, so as to minimize delays to construction. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. Any resources found on the site shall be properly curated. Implementation of this mitigation measure will assure that impacts associated with paleontological resources are reduced to less than significant levels. 3 "Paleontological Evaluation Report and Mitigation Plan for a La Quinta 9.78 Acre Parcel," prepared by Cogstone Resource Management, Inc., March 2005. * Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the proj ect: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as X delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan pages 97-106) ii) Strong seismic ground shaking? (General X Plan pages 97-106) iii) Seismic -related ground failure, X including liquefaction? (General Plan pages 97-106) iv) Landslides? (General Plan pages 97-106) X b) Result in substantial soil erosion or the X loss of topsoil? (General Plan pages 97-106) d) Be located on expansive soil, as defined X in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan pages 97-106) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan pages 97-106) VI. a)-e) The site is located in a Zone III ground shaking zone as defined by the Uniform Building Code (UBC). Significant ground shaking can be expected on the site in a seismic event. The City implements the standards of the UBC for seismic zones, and will apply these standards to this project. The site is flat, and is not located adjacent to slopes which might pose a rockfall hazard. The site is located in an area of the City subject to liquefaction. The City requires, as part of the process of securing building permits, site specific geotechnical analysis 6111 property. The project proponent will be required to submit such an analysis, and to conform to any standards and requirements for liquefaction, should it be identified as a potential impact on the site. The site is not located on expansive soils, and will be required to connect to sanitary sewer service which occurs adjacent to the site. Overall impacts associated with geology and soils are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (General Plan MEA, p. 95 ff.) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ("Phase I Environmental Site Assessment," Earth Systems, January 2005) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation .- K7 plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VH. a)-h) The proposed project will result in the construction of 23 single family homes on the property. These homes will utilize small amounts of cleaning products and similar materials, but will not transport, use or store any significant amount of such materials. The City's solid waste franchisee is responsible for the proper disposal of these products, and implements programs for household hazardous waste as part of its contract with the City. Impacts are expected to be insignificant. A Phase I Environmental Site Assessment was prepared for the project site 4, because of historic agricultural use of the southwestern portion of the property. The investigation included research of databases, and on site investigation and sampling. The soil samples identified small amounts of pesticides DDT and DDE, in concentrations well below criteria established for these chemicals, and consistent with past agricultural activities. The impacts associated with these residues were determined to be less than significant. The site is not identified on any database as having had hazardous materials incidents. The site is not located in the vicinity of an airport or private airstrip. The site is not located adjacent to hillsides, and is not subject to wildland fire hazards. Overall impacts associated with hazardous materials are expected to be less than significant. 4 "Report of Phase I Environmental Site Assessment with Supplemental Sampling," prepared by Earth Systems Southwest, January, 2005. } Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- Or Off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X t~ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p.1I1-187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, which protect surface waters from contamination. These City standards will assure that impacts to water quality and quantity will be less than significant. The project site includes Bureau of Reclamation Irrigation Lateral No 123.45-0.75, an irrigation water line. Prior to development of the site, the line must be relocated to assure that these waters are not impacted by project development. In order to assure that the irrigation water is not impacted by the proposed project, the following mitigation measure shall be implemented. 1. Prior to issuance of grading permits, the project proponent shall relocate Bureau of Reclamation Irrigation Lateral No. 123.45-0.75 to the satisfaction of the Bureau of Reclamation and the Coachella Valley Water District. VIR. c) & d) The City requires that all projects retain the 100 year storm on site. The proposed tract map includes a retention basin, whose size and capacity will be evaluated and approved by the City Engineer prior to the issuance of grading permits. These existing City standards will assure that the proposed project will meet the City's requirements for flood control, and that impacts associated with storm water are reduced to less than significant levels. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The site currently is vacant, so there will be no impact to an established community. The site is designated in the General Plan and Zoning Ordinance for single family residential uses, and proposes lot sizes consistent with the General Plan and Zoning Ordinance. The site is outside the fee mitigation area for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. n :J !.. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project(General Plan MEA p. 111 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project(General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project site is located in an area of the City which currently experiences relatively low ambient noise levels. The project site is not expected to experience unacceptable noise levels at General Plan buildout, particularly since the distance from the centerline of Avenue 58 to the first structure on the site exceeds 368 feet. r rv, 523 Furthermore, the proposed project will include a wall, and landscaped setbacks, which help to absorb noise. The construction of the single family homes has the potential to result in temporary and periodically high noise levels associated with these construction activities. The location of a perimeter wall, and the sparse development surrounding the site, will not be significantly impacted by these noise levels, which are limited by the City's Municipal Code to the less sensitive daytime hours. The site is not located within the area of influence of an airport or air strip. Overall impacts associated with noise are expected to be less than significant. �w� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The construction of 23 single family homes will not induce substantial population growth. The construction of the homes will not displace existing housing or people. Impacts associated with the proposed project are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a)Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax and sales tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits to reduce the impacts to those services. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The development of commercial space is not expected to have any impact on recreational facilities in the City. n 52 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads Or highways? (General Plan EIR, p. 111-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Proposed site plan) e) Result in inadequate emergency X access? (Proposed site plan) f) Result in inadequate parking capacity? X (Proposed site plan) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The proposed project will result in approximately 2,791 daily trips. This number is likely to be conservative, insofar as no reduction has been taken for pass -by trips, and the type of development within the project is likely to generate pass -by trip activity. The anticipated square footage on the site, 65,000 square feet, is less than the potential 97,200 square feet that could be constructed on the site, based on the 35% building coverage allowed in the City's Zoning Ordinance. The total trip generation, therefore, is likely to be less than that analyzed in the General Plan traffic study, which considered the types of uses currently proposed for the site. The traffic study concluded that this section of Highway 111, and the City's general circulation system, would operate at acceptable levels of service at buildout of the General Plan. Therefore, the proposed project is expected to have a less than significant impact on circulation and traffic. The project does not include inadequate parking or unsafe designs. The proposed project parking will be calculated based on the City's Zoning standards, which allow flexibility based on the mix of uses and the preparation of supporting documentation for variations from its standards. Overall impacts associated with transportation are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) 330 XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. 021 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) XVII. b) The proposed project will provide additional commercial services and products for City residents, consistent with the General Plan's goals and policies. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts, insofar as it is expected to result in a lower square footage than that anticipated in the General Plan. XVII. d) The impacts associated with air quality, noise and hazards are all expected to be less than r ) ; w significant. Impacts to human beings are therefore expected to be less than significant. J .� XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessment 2004-508 was used in this Study. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. MW 0 a� i 0 rn 0 a0i 0 N � � z o N z p'' � H � V � �A oa�cl'� ,WUti� o0 °a a M M a aCla. 0 H o, a 00 >rq M C O O� FBI A U W d 0 0 fJ, F d A d� x W UU o 0 0 0 0 0 0 0 0 on O o 0 o10. O o U U U U a O� a a zz c o aAEn .� Q Ca Q Q Q to Q to Q bi) a" a �a as as as as as as to z o W N N d a Cd o ° 0 .b F0 CV " .bdcd a h � U on � N vi y 4-cl N U 'd Cd Cd d a 3 �b a En o o zi JJ� w 4 0 d� §o E/ � � ( c S . / f / 2 2 \ & . .§ .§ Q Q k Eo 0o Q Q q • Ac Cd A @ 0/2/ o A k q U Cd / 536 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE SUBDIVISION OF EIGHT ACRES INTO 23 SINGLE- FAMILY RESIDENTIAL AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 33336 GLC/DUC LA QUINTA, LLC WHEREAS, The City Council of the City of La Quinta, California, did on the 19" day of July, 2005, hold a duly noticed Public Hearing to consider the request of GLC/Duc La Quinta, LLC for the subdivision of eight acres into 23 single-family residential and other miscellaneous lots, located at on the north side of Avenue 58, approximately 1,950 ± feet west of Madison Street, more particularly described as: APN 763-240-012 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) in that the La Quinta Community Development Department has prepared Environmental Assessment 2005-535 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project could have a significant adverse impact on the environment; however, the mitigation measures imposed for this project will reduce the level to less than significant. Therefore, a Mitigated Negative Declaration of environmental impact has been certified for this project; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28T" day of June, 2005, hold a public hearing to consider this request, and adopted Resolution 2005-030, recommending approval subject to conditions; 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 to justify approval of said Tentative Tract Map 33336: 1. The Tentative Tract Map and its improvement and design are consistent with the General Plan in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. l� i City Council Resolution No. 2005- Tentative Tract Map 33336 GLC/Duc La Quinta, LLC Adopted: July 19, 2005 Page 2 2. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate impacts where needed. 3. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Tentative Tract Map 33336 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19th day of July, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California n.%rrrr%nnnc%-7 'in nG\TT 0000c rrl r�....��. 0000c ......... .+.... City Council Resolution No. 2005- Tentative Tract Map 33336 GLC/Duc La Quinta, LLC Adopted: July 19, 2005 Page 3 ATTEST:. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 17.\O--a.. /1/1\7/1/1C\-7 9f1 AC\TT 777'3G 1-1 P` 1'1. ...\aa rJ rJ77G ....-.... .J.... CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33336 GLC/DUC LA QUINTA, LLC ADOPTED: JULY 19, 2005 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of. such approvals when submitting those improvements plans for City approval. :., '10 PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Avenue 58 (Secondary Arterial, 88' ROW) — The standard 44 feet from the centerline of Avenue 58 for a total 88-foot ultimate developed right of way. The deceleration/right turn only lane conditioned of Tentative Tract Map No. 33279 at the shared entry with this Tract Map has been retracted by the Public Works Department. 9. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out and typical street section shown on the tentative map. Private Residential Streets without Median. Measured at gutter flow line to gutter flow line shall be 36 feet. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Avenue 58 (Secondary Arterial) - 10-foot from the R/W-P/L. P:\Reports - CC\2000-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, specifically addressing the "not a part" lot, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 is restricted, except for the shared entry conditioned in Tentative Tract Map No. 32279. The vehicular access restriction shall be shown on the recorded final map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. This shall include reciprocal access agreement to the shared entry with Tentative Tract Map No. 32279 and this tentative tract map. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. J'. J P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at www.la-quinta.org. 23. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. n J !' 0 P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 27. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 30. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, 547 P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 31. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 32. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches (18") behind the curb. 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 5Lis PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 35. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 36. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 37. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 38. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. At a minimum, the tributary drainage area shall extend to the centerline of adjacent public streets. The applicant or his design professional may be required to demonstrate acceptance of additional upstream tributary storm water. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 39. Storm drainage historically received from adjoining property and upstream street facilities shall be received and retained or passed through into the historic downstream drainage relief route. 40. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as - built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 47. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. UTILITIES 48. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 49. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 52. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 53. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial, 88' ROW): 551 PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 a) Widen the north side of the street along all frontage adjacent to the Tentative Tract Map and Tentative Parcel Map 33609 boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard to include structural pavement sections and profile grades. The north curb face shall be located thirty two feet (32') north of the centerline. The deceleration/right turn only lane conditioned of Tentative Tract Map No. 33279 at the shared entry with this Parcel Map has been retracted by the Public Works Department. Other required improvements in the Avenue 58 right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) Lighting at the project entry. The applicant shall design and install a single street light or equivalent landscape lighting at the shared entry. Additionally, the applicant or Home Owners Association shall pay for the perpetual maintenance of the street light or landscape lighting. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Pursuant to the aforementioned condition to rehabilitate and/or reconstruct existing roadway pavement to La Quinta's urban arterial for street profiles, the applicant shall_ PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 work with neighboring developments in attaining continuity along the public streets affected. Additionally, the applicant along with the neighboring developers shall utilize a common referenced benchmark in the design and construction of street improvements. For purposes of these conditions, neighboring shall include adjacent development as well as development on the opposite side of the public streets. B. PRIVATE STREETS Private Residential Streets. Measured at gutter flow line to gutter flow line shall be 36 feet. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. The minimum grade at the end of cul de sacs shall be 1 % high point to bulb. 54. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 55. The applicant shall design street pavement sections using Caltrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. J 5 3 P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 or the approved equivalents of alternate materials. 56. 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. 57. General access points and turning movements of traffic are limited to the following: Shared Entry with Tentative Tract Map No. 32279 (Avenue 58): Full turn movements are permitted. 58. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 59. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 60. The City will conduct final inspections of 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 in residential developments 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 development or when directed by the City, whichever comes first. LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 62. The applicant shall provide landscaping in the required setbacks, along the frontage 554 P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 of Tentative Tract 33336 and Tentative Parcel Map 33609, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 64. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD) and Planning Commission, prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 65. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no spray irrigation, being placed within 18 inches of curbs along streets. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 67. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 68. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 69. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. C P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval - Recommended Tentative Tract Map 33336 GLC/Duc LA Quinta, LLC Adopted: July 19, 2005 MAINTENANCE 70. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 72. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 73. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 74. Quimby in -lieu park fees shall be paid prior recordation of Final Map per City Code requirements. The fees may be paid per Phase or for the entire tract. 75. Within 24 hours after final approval by the Planning Commission, applicant shall submit to the Community Development Department a check for $1,314. (made out to the "County of Riverside"). This check will accompany the required Notice of Determination filed by the City of La Quinta. MISCELLANEOUS 76. The Tract Map shall be submitted to the Fire Marshal for review and approval prior to submission to the City of any plan for plan check. 77. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. Names are to be approved prior to recordation of final map. 78. All mitigation measures contained in Environmental Assessment 2005-535 shall be met. 79. Prior to final map approval, the developer shall submit to the Community 556 PAReports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc City Council Resolution No. 2005- Conditions of Approval — Recommended Tentative Tract Map 33336 GLC/Duc LA Q.uinta, LLC Adopted: July 19, 2005 Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC and R's) for the project. 80. This Tentative Tract Map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 81. Production home designs and associated landscaping, including perimeter wall design require approval of a Site Development Permit application by the Planning Commission. JJ� P:\Reports - CC\2005\7-19-05\TT 33336 GLC Duc\tt 33336 cccoa.doc CASE No. CASE MAP TT 33336 ATTACHMENT#1 NORTH SCALE: NTS - 50, -LOTD �� to`�'�'� ATTACHMENT O 13 pMl Aa /'� 1 rw ra W % 14Mir 1 rn a i 1 � rwia I , n 13� � jJo ' � L fo,cilia D . �>~ I Ii11 3 �� s ► i 16 I 4 33 LIP1 I lurr e I v 17 I 5 C-31I W4ia -► , am"Awl /nu INar' ,Ifd 1 e 18, 6 ® I I 1 I for war I • i 1 I a I 15 19 � ,� % gl I 1 ' e 1 24 � 20 � I. gall 8 E I I r<�F +e I I 1 I 1 I 21 I i 9 � I rw is ial lap' I .r• I � 1 I 22 I I 10 g 21 if 23 I I 11 >� ff 1l12 I / 1 O I 20 I ® LOT C j 12 �) aw,ia 17 is sw 1 / 1 1 u I w I ' 0 LOT D am.. ------------ ------tea—Sri------------------------� J �i avnw� !a� 18 0 �IL Itvrl Mu . . TPAMC-T �l Bow W MAY MW MIA To APPI-oltr-) TT p oy ,�Pl 601) � t LOT D AVENUE 58 N J'J ATTACHMENT 4 Planning Commission Minutes June 28, 2005 B. Site Development Permit 2005-828; a request of Colbour97Currier-Noll Architecture, Inc. for Innovative Resort Communities for nsideration of architectural and conceptual landscaping plans for our prototypical residential plans and clubhouse for use in Tract 3,,k733, located at the northeast corner of Monroe Street and Avenue . 1. Staff informed the Commission they0plicant had sold the property and withdrawn his application. No action is required by the Commission. C. Specific Plan 97-029, AmendKient No. 4; a request of Stamko Development Co. for consider ion of a new driveway access on Adams Street and a design change o the internal circulation pattern, access, a retention basin, high den ty housing with an affordable component, for the property located o the east side of Adams Street, south of Auto Centre Drive. 1. Chairman rk noted the applicant had requested a continuance of the proj t. It was moved and seconded by Commissioners Daniel Alderson to continue Specific Plan 97-027, Amendment No. to July 26, 2005, as requested by the applicant. Un nimously approved. D. Environmental Assessment 2005-535 and Tentative Tract map 33336; a request of GLC/Duc La Quinta, LLC for consideration of a request to certify a Mitigated Negative Declaration of environmental impact and development plans for the subdivision of eight acres into 23 single-family lots and miscellaneous lots, located on the north side of Avenue 58, 1,950 feet west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked the intent of the common lot. Staff stated it was a landscape entry area, no recreational uses are proposed. 3. Commissioner Daniels asked the purpose of Lot B. Staff stated it was intended to be a landscaped lot. The applicant has not submitted any landscape plans at this stage. They will, be G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 submitted to the Architecture and Landscape Review Commission for approval. Commissioner Daniels asked if the street improvements will be able to be completed along Avenue 58 in front of the "not a part" parcel. Assistant City Engineer Steve Speer stated a parcel map was approved and dedications were made for the Avenue 58 right-of-way, but not on the parcel map. Commissioner Daniels asked if segregation off the existing lot will cause them to avoid street improvements in front of the lot. Staff stated that was not the intent. The City does not want 50 feet of unimproved pavement. This tract should finish the improvements to the eastern boundary. 4. Commissioner Ladner asked if the retention basin will be landscaped. Staff stated it will be partially landscaped, but will be required to meet C.V.W.D. and City landscape requirements. 5. Commissioner Alderson asked if the traffic calming bulbs would have landscaping in the center. Staff stated yes. 6. Commissioner Daniels asked what the affect would be to shorten the cul-de-sac bubble and extending it to 27 feet of the end of the property. That would reduce the amount of pavement; would they lose a lot? Staff stated it would depend on how far it would be reduced. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Shawn Milligan, representing the applicant, stated that the landscaping plans will be submitted to staff for approval. Lot B will be a landscape lot to create an entry statement; the lot will be behind the gate with no public access. Lot D, the retention basin, will have decomposed granite and rock to break up the retention basin. Mr. Steve Kleeman, P & D Consultants, stated that in regard to reducing the cul-de-sac, there is a medium curb radius and in shortening it, it would reduce the driveway area. The landscape area at the end of the cul-de-sac is to break up the end lots and create a landscaped area. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if the property in the front will be subdivided at a future date. Mr. Milligan stated, to his knowledge, the owner, Mr. Richard Baker, does not intend to sell the property. He will have access to enter his property through this project. J t3 G:\WPDOCS\PC Minutes\6-28-05.doc Planning Commission Minutes June 28, 2005 9. Chairman Kirk asked if the cul-de-sac were shortened, how would it affect the setbacks. Mr. Kleeman explained how the house would sit on the lot and the problems that it would cause. 10. Assistant City Engineer Steve Speer noted a phrase would need to be added to Condition 53.A.1.a. add after tentative map boundary" add "and Parcel Map 33609". Commissioner Quill asked that the landscaping against the Parcel Map be added to that condition as well. 11. Chairman Kirk asked if there was any other public comment, there being none, the public participation portion of the hearing was closed and open for Commission discussion. 12. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-029, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-535, as recommended: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 13. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-030, recommending approval of Tentative Tract Map 33336, as recommended and amended: a. Condition 53.A.1.a. add after "tentative map boundary" add "and Parcel Map 33609" and landscaping requirements. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS MS: A. Sign Applicati 2005-892; a request of Imperial Sign Company for Lamppost Pizza an ackstreet Brewery for consideration of a sign for a 5,0000 square foot re urant/brewery, located on the north side of Highway 1 1 1, east of Wa ' gton, within the One -Eleven La Quinta Shopping Center. J 3 G:\WPDOCS\PC Minutes\6-28-05.doc c&t�v 4 4Q" COUNCIL/RDA MEETING DATE: July 19, 2005 ITEM TITLE: Public Hearing to Adopt a Resolution of the City Council Approving the Setting and Placement of Residential Waste Collection and Service Fees on the Tax Rolls for Residentially Developed Property and Adoption of a Resolution Setting Commercial and Roll -Off Waste Collection and Service Fees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council ordering the levy and collection of assessments for refuse collection and recycling (AB 939) services and disposal of rubbish and garbage from residential properties within the City pursuant to La Quinta Charter and Municipal Code Chapter 6.04. Adopt a Resolution of the City Council setting the schedule of fees and charges for the collection, recycling (AB 939) and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City. FISCAL IMPLICATIONS: The residential rate increase represents a Consumer Price Index (CPI) increase of 1 .83% to reflect ordinary charges in the cost of doing business plus a $0.47 cent per ton disposal increase from July 1, 2005 thru June 30, 2006. The total increase represents a $0.12 cent per month increase, for an annual fee of $131.04. The commercial fee increase represents a Consumer Price Index (CPI) increase of 1 .83% to reflect ordinary charges in the cost of doing business plus a $0.47 cent per ton disposal increase from July 1, 2005 thru June 30, 2006. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City adopted Amended and Restated Agreements for the Collection, 6 4 Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling S•\r itvMnr\STAFF PFPOPTS r)N1 V\PH 7 VVacta rinn of Recyclable Materials on July 5, 2000, with Waste Management of California, Inc. for the period of June 30, 2000 through July 30, 2008. The City has received correspondence from Waste Management of the Desert requesting a CPI based charge increase (Article 15, Section 15.1-CPI Based Charges) for Fiscal Year 2005/2006 (Attachment 1). The rate increase is to reflect ordinary charges for doing business based upon the Consumer Price Index. A statement from an independent accountant must be attached to the request indicating that the contractor's cost for providing service has increased at a rate equal to the increase in the CPI. The CPI increase from January 2004 to January 2005 was 3.66%. Based upon this, the City Council may grant an increase equal to 50% or 1.83% of the CPI for the service portion of the rate. In addition, County of Riverside Waste Management Department approved the disposal rate increase at the Edom Hill Transfer Station by $0.47 cents per ton on July 1, 2005, for a total new Disposal Fee of $34.98 per ton. These new disposal rates apply to both commercial and residential users. In addition, Section 15.7-Maximum Rate (Attachment 2), states the rate charged may not exceed 103% of the lowest rate charged to other Coachella Valley cities which are provided like services by Waste Management. According to the City's AB 939 Consultants, Hilton, Farnkopf & Hobson, the lowest rate provided by Waste Management is to the City of Palm Desert. The proposed service rate increase to the City rate is within the 103% requirement and complies with Section 15.7 (Attachment 3). Under consideration by the Council are both tax rates that will be placed on the tax rolls and the commercial roll -off rates that will be billed directly by Waste Management. The breakdown of the new rates for the tax rolls is as follows: OLD RATE NEW RATE Service Rate $7.47 $7.61 Dump Fee $2.72 $2.70 AB 939 $0.61 $0.61 Monthly Rate $10.80 $10.92 Yearly Rate $129.60 $131.04 This represents a yearly increase of $1.44 ($0.12 per month) on the tax rolls for residential collection. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: G-\ritvMnr\STAFF RFPl1RTR nNI Y\PH 9 Wacta_rinn 1. Adopt a Resolution of the City Council ordering the levy and collection of assessments for refuse collection and recycling (AB 939) services and disposal of rubbish and garbage from residential properties within the City pursuant to La Quinta Charter and Municipal Code Chapter 6.04; and Adopt a Resolution of the City Council setting the schedule of fees and charges for the collection, recycling (AB 939) services and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City; or 2. Do not adopt Resolutions of the City Council ordering the levy and collection of assessments for refuse collection and recycling services from residential properties and setting the schedule of fees and charges for the collection, recycling (AB 939) and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City; or 3. Provide staff with alternative direction. Respectfully submitted, Doug as Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Waste Management Letter dated May 26, 2005 2. Section 15.7 — Amended and Restated Agreements for the Collection,. Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials 3. Hilton Farnkopf & Hobson, LLC Report 5isU S-\ritvMnr\STAFF RFPnRTG nN1 Y\7-19-n5\PH 9 Wacta.rinr. RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINTA CHARTER AND MUNICIPAL CODE CHAPTER 6.04 RESIDENTIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and WHEREAS, Ordinance 314 has been codified in the La Quinta Municipal Code and Charter of the City of La Quinta as Chapter 6.04, Refuse Disposal ("Chapter"); and, WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Chapter; and WHEREAS, pursuant to Section 6.04.010 of said Chapter and California Public Resources Code Section 40059, an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, construction, and industrial (roll -off) establishments within the City; and WHEREAS, Section 6.04.135 of said Chapter provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed, in accordance with Section 41901 of the California Public Resources Code, an AB 939 Administrative Fee as part of the assessment for refuse collection and recycling services paid annually by eligible parcels within the City; and - 1 -P:\Reports - CC\2005\7-19-05\WM Rate increase\Resid Reso feeincr-05.doc City Council Resolution No. 2005- Residential Waste Fee Schedule Adopted: July 5, 2005 WHEREAS, the disposal increase and a permitted disposal pass through cost is permitted in the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and, WHEREAS, the Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside Area between January 2004 and 2005 has increased by 3.66% but the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste permits a Consumer Price Index increase of 50% of this increase; and, WHEREAS, the Edom Hill Transfer Station disposal cost will increase by $0.47 per ton starting July 1, 2005 thru June 30, 2006; and, WHEREAS, the contractor has asked for a 1.83% Consumer Price Index ("CPI") increase, and a $0.47 cents per ton disposal increase from July 1, 2005 thru June 30, 2006. WHEREAS, the Contractor has prepared the Annual Assessment to be levied and collection upon eligible parcels of land within the City, and the City Council has approved such Assessments; and, WHEREAS, the City Council desires to levy and collect assessments to pay for Refuse Collection and Recycling Services rendered to eligible parcels within the City for the period commencing July 1, 2005 and ending June 30, 2006. WHEREAS, at the time stated in the notice, to wit: July 5, 2005, at 7:00 p.m., this City Council conducted the hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council does hereby confirm the written report, made by the City Manager, of the amounts of charges for City furnished garbage and refuse collection and disposal services for the forthcoming year, itemized for each separate residential parcel of land attached hereto and marked Exhibit "A". SECTION 2. This City Council hereby finds that the collections of such charges, together with general taxes, are in the best interests of the users and the City of La Quinta. P:\Reports - CC\2005\7-19-05\WM Rate increase\Resid Reso feeincr-05.doc City Council Resolution No. 2005- Residential Waste Fee Schedule Adopted: July 5, 2005 SECTION 3. The said refuse collection service charges for each parcel of land shall constitute a special assessment against that parcel and shall constitute a lien against such parcel of land, in accordance with Ordinance 314 and Section 5473.5 of the Health and Safety Code of California. SECTION 4. The said residential collection charges shall be used to pay for the refuse collection service for the calendar year starting January 1, 2006 through December 31, 2006. SECTION 5. The rate fees as noted in Exhibit "A" for garbage and refuse collection and disposal services for residences which consists of curb service, once per week pickups for municipal solid waste (household waste), green waste and recycling materials. SECTION 6. The report filed by the City Clerk with this City Council contains a description of each parcel of real property to be charged, and the amount of the charges for purposes of refuse collection for each such parcel in the Fiscal Year 2005- 2006 and such charges are correct and proper, and said report is therefore, approved and adopted. All objections to said report are hereby overruled. After July 5, 2005, the City Clerk shall file with the County Auditor of the County of Riverside a copy of said report with a statement endorsed thereon over her signature that it has been duly adopted by this City Council together with a certified copy of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California PAReports - CC\2005\7-19-05\WM Rate increase\Resid Reso feeincr-05.doc City Council Resolution No. 2005- Residential Waste Fee Schedule Adopted: July 5, 2005 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2005\7-19-05\WM Rate increase\Resid Reso feeincr-05.doc City Council Resolution No. 2005- Residential Waste Fee Schedule Adopted: July 5, 2005 EXHIBIT "A" CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FY 05/06- RESIDENTIAL PROPERTY Single Family Home/Townhouse Service Dump Fee AB939 Proposed Condominium/Mobile Home Monthly Rates Individual Residence - Curb Service $ 7.61 $ 2.70 $ 0.61 $ 10.92 Tax Roll Billing Individual Residence - Curb Service $ 8.86 $ 2.70 $ 0.61 $ 12.17 Waste Management Billing Individual Residence - Walk-in Service $ 11.14 $ 2.63 $ 0.61 $ 14.38 Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence - Walk-in Service $ 12.39 $ 2.63 $ 0.61 $ 15.63 Waste Management Billing (2 cans, bags or bundles, up to 60 ft. distance) • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • Tax roll billing requires 100% mandatory service year-round. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Waste Management Billing) $5.80. P:\Reports - CC\2005\7-19-05\WM Rate increase\Resid Reso feeincr-05.doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB 939) AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL (ROLL -OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY COMMERCIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and WHEREAS, Ordinance 314 has been codified in the La Quinta Municipal Code and Charter of the City of La Quinta as Chapter 6.04, Refuse Disposal ("Chapter"); and, WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Chapter; and WHEREAS, pursuant to Section 6.04.010 of said Chapter and California Public Resources Code Section 40059, an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, construction, and industrial (roll -off) establishments within the City; and WHEREAS, Section 6.04.135 of said Chapter provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed, in accordance with Section 41901 of the California Public Resources Code an AB 939 Administrative Fee upon commercial, construction, and industrial establishments as set forth in the Schedule of Fees; and P:\Reports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc City Council Resolution No. 2005- Commercial Waste Fee Schedule Adopted: July 5, 2005 WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles, and that Contractor, not City, shall direct bill for services rendered to all commercial, construction and industrial establishments, as well as those residential properties that are not currently assessed on the property tax roll; and WHEREAS, the disposal increase and a permitted disposal pass through cost is permitted in the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and, WHEREAS, the Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside Area between January 2004 and 2005 has increased by 3.66% but the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste permits a Consumer Price Index increase of 50% of this increase; and, WHEREAS, the Edom Hill Transfer Station disposal cost will increase by $0.47 per ton starting July 1, 2005 thru June 30, 2006; and, WHEREAS, the contractor has asked for a 1.83% Consumer Price Index ("CPI") increase, and a $0.47 cents per ton disposal increase from July 1, 2005 thru June 30, 2006. WHEREAS, at the time stated in the notice, to wit: July 5, 2005, at 7:00 p.m., this City Council conducted the hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The refuse service rates for commercial, construction, and industrial (roll -off) establishments and those residential properties not assessed on the property tax roll are set forth in Exhibit "A", to be effective July 1, 2005 through June 30, 2006. The Contractor shall not charge, or demand rates for such refuse collection services in excess of those set forth in the current approved rate schedule. SECTION 2. This City Council hereby finds that the collection of such charges is in the best interests of the users and the City of La Quinta. SECTION 3. The report filed by the City Clerk with this City Council contains the amount of the charges for the purposes of commercial waste collection and roll -off service fees for Fiscal Year 2005-2006. P:\Reports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc City Council Resolution 2005- _ Commercial Waste Fee Schedule Adopted: July 5, 2005 SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2005-2006. SECTION 5. The Contractor is authorized to bill monthly in advance to all commercial, construction, and industrial (roll -off) establishments and those residential properties that are not assessed on the property tax roll. Contractor shall provide an itemized bill distinctly showing charges for all classifications of service including, but not limited to the charges for late payment, re -delivery fees, charges for additional containers, and any fees imposed upon by the City. SECTION 6. The Contractor shall collect and remit to the City on a monthly basis an AB 939 Administrative Fee from all commercial, construction and industrial (roll -off) establishments, as well as those residential properties that are directly billed by Contractor. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, MAYOR City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PAReports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc EXHIBIT "A" COMMERCIAL SERVICE - CITY OF LA QUINTA 100% FRANCHISED JULY 2005 1 $ 52.18 $ 20.36 $ 3.88 $ 76.42 2 $ 90.89 $ 38.81 $ 7.76 $ 137.46 3 $ 127.70 $ 57.36 $ 11.63 $ 196.70 4 $ 164.30 $ 75.76 $ 15.51 $ 255.57 5 $ 200.97 $ 90.45 $ 19.39 $ 310.80 6 $ 237.91 $ 112.54 $ 23.27 $ 373.72 EXTRA EMPTY $ 33.98 1 $ 65.49 $ 29.15 5.82 $ 100.46 2 $ 112.71 $ 56.28 11.63 $ 180.62 3 $ 158.92 $ 82.65 17.45 $ 259.02 4 $ 201.68 $108.95 23.27 $ 333.89 5 $ 247.16 $ 135.85 29.07 $ 412.09 6 $ 291.10 $161.99 34.89 $ 487.98 EXTRA EMPTY $ 46.67 4 YARD SERVICE I�[CK I P;:t�EFt WEEK 1 SERV[CE t fA $ 89.55 P; EI: $ 39.27 A ` .. 7.76 o T ky, $ 136.59 2 $ 140.08 $ 73.87 15.51 $ 229.46 3 $ 192.52 $108.34 23.27 $ 324.13 4 $ 245.15 $ 143.20 31.01 $ 419.35 5 $ 294.92 $ 177.56 38.76 $ 511.24 6 $ 343.58 $ 211.76 46.51 $ 601.85 EXTRA EMPTY $ 63.16 ) f7J P:\Reports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc E 1 $ 134.35 $ 58.40 11.63 $ 204.38 2 $ 210.13 $ 112.12 23.27 $ 345.52 3 $ 288.73 $164.52 34.89 $ 488.14 4 $ 367.98 $ 216.93 46.51 $ 631.41 5 $ 442.39 $ 270.27 58.14 $ 770.80 6 $ 515.39 $ 322.14 69.78 $ 907.32 EXTRA EMPTY $ 94.20 OTHER CHARGES NEW START FEE $ 6.23 RE -START FEE $ 16.35 DELIVERY FEE $ 17.62 LOCKED ENCLOSURE $ 16.19 BIN PULL-OUT > 20, $ 28.66 LOCKING CONTAINER $ 55.92 REPLACEMENT LOCKING BAR $ 21.52 SATURDAY (for service < 6x/wk) $ 23.25 i7U PAReports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc COMMERCIAL SERVICE - CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE JULY 1, 2005 ROLL OFF RATE 20 YARDS 30 YARDS 40 YARDS PER PULL SERVICE $ 90.51 $128.03 $151.50 * Plus dump fees charged at $34.98 * Plus AB939 fees charged at $13.10/ton remitted to City * Delivery Charge $17.62 * Extra Trip $50.08 Note: Compactor accounts will be charged at three times (3x) the basic roll off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL OFF Start Fee $ 6.23 Restart Fee $16.36 Returned check $21.14 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. 577 PAReports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc CITY OF LA QUINTA WASTE MANAGEMENT DIRECT BILLING RESIDENTIAL PROPERTY Single Family Home/Townhouse Service Dump AB939 Proposed Condominium/Mobile Home Fee Monthly Rates Individual Residence - Curb Service $ 8.86 $ 2.70 $ 0.61 $ 12.17 Waste Management Billing Individual Residence - Walk-in Service $ 12.39 $ 2.63 $ 0.61 $ 15.63 Waste Management Billing (2 cans, bags or bundles, up to 60 ft. distance) • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Waste Management Billing) $5.80 573 P:\Reports - CC\2005\7-19-05\WM Rate increase\Commer Reso feeincr-05.doc ATTACHMENT #1 2M WASTE MANAGEMENT 41-575 Eclectic Street Palm Desert, CA 92260 (760)340-6445 (760)340.2732 Fax May 26, 2005 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: 2005 Rate Increase Dear Mr. Genovese: On March 15, 2005, Waste Management of the Desert requested a rate adjustment in accordance with Article XV, Section 15.1, of the Municipal Franchise Agreement. The change in the CPI from January 2003 to January 2004 was 3.66%. The contract allows for a 50% CPI (1.8%) increase on the service rates. We are anticipating a $.46 a ton tipping fee increase at the transfer station. I have attached the CPI information from the U.S. Department of Labor for your review, and a statement from a certified public accountant who has reviewed our financial records in accordance with Article XV, Section 15.1, of the Municipal Franchise Agreement. Waste management of the Desert respectfully requests the City to consider allowing Waste Management to receive 100% CPI increase this year. Over the past three years there has been a significant increase in fuel (natural gas) costs. Attached for your review is the U. S. Department of Labor price index for natural gas. The index shows a 160% increase from January 2002 to January 2005. Included in this packet for you review, are updated rate sheets showing the 50% CPI adjustment along with the anticipated disposal increase and rate sheets reflecting 100% of the CPI along with the disposal increase. 579 A Division of Waste Management of the Desert WWRA. WASTE MANAGEMENT I would be happy to meet with you at your convenience to answer any questions you may have. Also, please advise us of the date of the council meeting this will be considered so I may be there to address questions anyone else may have. 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In DOL Change Output From: 1995 To: 2005 Options: r include graphs NEWT More Formatting Options.•► Data extracted on: May 26, 2005 (12:55:49 PM) Consumer Price Index - All Urban Consumers Series Id: CUURA421SAO,CUUSA421SAO Not Seasonally Adjusted Area: Los Angeles -Riverside -Orange County, CA Item; All items Base Period: 1982-84=100 Year Tan I Feb Mar I Apr May I Jun Jul I Aug Sep I Oct Nov Dec Annual HALF1 HALF2 1995 154.3 154.5 154.6 154.7 155.1 154.8 154.5 1.54.4 154.6 155.2 154.4 154.6 154.6 154.7 1154.6 1996 155.7 156.2 157.3 157.7 157.5 156.7 157.6 157.3 158.2 158.8 158.4 158.3 157.5 156.9 158.1 1997 159.1 159.2 159.8 159.9 159.5 159.4 159.5 159.7 160.5 161.1 160.7 161.2 160.0 159.5 160.5 1998 161.0 161.1 161.4 161.8 162.3 162.2 162.1 162.6 162.6 163.2 163.4 163.5 162.3 161.6 162.9 1999 164.2 164.6 165.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 167.1 167.3 166.1 165.3 166.8 2000 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172.2 173.3 173.8 173.5 173.5 171.6 170.1 1176.5 173.0 2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 178.8 178.3 178.1 177.1 177.3 178.2 2002 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182.2 181.1 183.3 2003 185.2 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188.2 187.8 187.1 187.0 187.0 186.7 187.2 2004 188 190.1 191.5 191.9 193.3 193.7 193.4 193.1 194.5 196.3 196.9 195.2 193.2 191.5 194.9 2005 195.4,J 197.4 199.2 201.1 Fre4uent_I1t_Asked Questions I Freedom of Information Act I Customer Survey Privacy & Security Statement ( kinking -to Our Site A- e-Ss lblil U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building _ Fax -on -demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: bisdata staff@bis.00v Washington, DC 20212-0001 Technical (web) questions: webmaster@blsAov_ Other comments: feedback@bls.gov 587 r , Public Data Query Page 1 of 1 U.S. Department of Labor '� 4 WBureau of Labor Statistics "11i Bureau of Labor Statistics Data www.bis.gov Search A-Z Index BLS Home I Programs & Surveys I Get Detailed Statistics I Glossary What's New Find It! In DOL Change Output From: 1995 To: 2005 Options: r include graphs NEWI Data extracted on: May 23, 2005 (7:33:50 PM) Producer Price Index -Commodities More Formatting Options ► Series Id: WPU0531 Not Seasonally Adjusted Group: Fuels and related products and power Item: Natural gas Base Date: 8200 ]an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Ear 95 72.8 67.0 65.3 66.3 67.3 68.9 67.2 59.6 60.8 63.5 67.0 73.3 66.6 96 83.5 96.5 85.8 92.8 88.0 78.9 87.3 88.2 76.6 75.2 100.6 140.7 91.2 1997 159.5 119.9 78.5 75.5 83.7 88.7 85.8 87.1 96.9 115.7 127.3 101.4 101.7 1998 90.9 81.9 86.4 90.1 90.5 81.9 89.0 82.1 69.8 77.6 83.1 83.4 83.9 1999 74.7 71.9 67.0 74.0 91.4 89.0 91.9 104.3 114.9 104.1 121.5 90.0 91.2 2000 98.0 104.8 105.7 114.7 123.3 170.2 170.5 151.9 176.8 201.7 185.0 263.3 155.5 2001 393.8 262.3 215.8 220.6 203.6 153.4 121.1 120.9 93.0 72.9' 114.0 90.5 171.8 2002 99.3 .. 78.9 95.9 131.3 125.5 117.7 112.6 114.9 120.9 134.6 167.5 171.1 122.5 2003 193.5 216.5 330.1 201.9 211.2 237.4 219.4 195.4 202.4 184.1 181.2 200.6 214.5, 2004 242.3 231.2 208.1 218.7 241.4 270.7 257.5 249.8 212.8 222.1 306.7 289.5 245.9 2005 258.2 - (P) 253.4 (P) 249.9 (P) 295.1 (P) P : Preliminary. All indexes are subject to revision four months after original publication. Frequentlly_Asked Questions I Freedom of Information Act I Customer Survey Priva_�& Securi Statement i Linking to Our Site I Accessibility U.S. Bureau of Labor Statistics Postal Square Building 2 Massachusetts Ave., NE Washington, DC 20212-0001 Phone:(202) 691-5200 Fax -on -demand: (202) 691-6325 Data questions: blsdata staffObls.00v Technical (web) questions: webmasterQbls.9ov_ Other comments: feedback*bls.gov http://data.bls.gov/cgi-bin/surveymost WASTE MANAGEMENT OF THE DESERT PALM DESERT, CALIFORNIA INDEPENDENT ACCOUNTANTS' REPORT, AND SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS DECEMBER 31, 2004 AND 2003 33 fihTLA_ TO. M11 N low LUND & GUTTRY LLP /CERTIFIED PUBLIC ACCOUNTANTS 39700 BOB HOPE DRIVE • SUITE 309 • P.O. BOX 250 • RANCHO MIRAGE, CA 92270-0250 Telephone (760) 568-2242 • Fax (760) 346-8891 E-Mail: cpas@lundandguttry.com • www.lundandguttry.com INDEPENDENT ACCOUNTANTS' REPORT Mr. Frank Orlett Waste Management of the Desert Palm Desert, California We have reviewed the accompanying Schedule of Net Operating Revenue Less Costs of Doing Business for Waste Management of the Desert for the years ended December 31, 2004 and 2003. The Company's management is responsible for this schedule. Our review was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion on the Schedule of Net Operating Revenue Less Costs of Doing Business. Accordingly, we do not express such an opinion. Based on our review, nothing came to our attention that caused us to believe that the Schedule of Net Operating Revenue Less Costs of Doing Business for the years ended December 31, 2004 and 2003 is not presented, in all material respects, in conformity with the basis of presentation as described in Note 1. This report is intended solely for the information and use of management of Waste Management of the Desert and the various municipalities currently conducting business with Waste Management of the Desert and should not be used by anyone other than these specified parties. May 31, 2005 WASTE MANAGEMENT OF THE DESERT SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS FOR THE YEARS ENDED DECEMBER 31, 2004 AND 2003 GROSS OPERATING REVENUE (Less) costs of disposal and franchise fees NET OPERATING REVENUE COST OF OPERATING EXPENSES Labor Truck operating expenses Container operating expenses Other operating expenses SALES, GENERAL AND ADMINISTRATIVE EXPENSE (LESS) NONCASH DEPRECIATION AND AMORTIZATION EXPENSE FOR THE YEAR ADD NET PURCHASED CAPITAL ADDITIONS FOR THE YEAR COSTS OF DOING BUSINESS 2004 $ 45,727,966 (15,909,103) 29,818,863 7,845,490 8,606,530 2,048,602 3,130,512 21,631,134 2,904,793 24,535,927 (3,411,049) 9,635,263 30,760,141 2003 %CHANGE $ 39,982,198 (14,139,721) 25,842,477 7,064,224 7,934,275 1,568,678 2,775,274 19,342,451 2,540,549 21,883,000 (2,992,218) 4,099,632 22,990,414 15.39% n,.,,, NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS BEFORE INCOME TAXES $ (941,278) $ 2,852,063 (133.00%) (The accompanying notes are an integral part of this schedule) �� 9 1 WASTE MANAGEMENT OF THE DESERT NOTES TO SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS NOTE I - PURPOSE AND BASIS OF PRESENTATION The accompanying Schedule of Net Operating Revenue Less Costs of Doing Business has been prepared by the Company for the purpose of analyzing the net impact (% change) of the increases (decreases) of operating revenues, operating expenses, sales, general and administrative expense (before income taxes) and purchased capital additions during the year. The Company has defined net operating revenue as total gross operating revenues less the related costs of disposal paid to the County of Riverside and other landfill sites and franchise fees paid to the municipalities on the accrual basis of accounting. The Company has defined cost of doing business as total operating expenses (excluding noncash depreciation expense); sales, general and administrative expenses and all purchased capital additions (i.e., property and equipment) on the accrual basis of accounting. The Company has excluded noncash depreciation expense and included current year capital additions to better reflect the cost of operating the business during the year. NOTE 2 - SUMMARY OF RESULTS The summary of the key results of the accompanying schedule for financial categories as defined in Note 1 is as follows: Increase in net operating revenue 15.39% Increase in costs of doing business 33.80% Decrease in net operating revenue less costs of doing business The California Consumer Price Index for the year ended January 2005 for Los Angeles, Riverside and Orange Counties was a 3.7% increase. ATTACHMENT #2 ARTICLE XV REVIEW OF RATES Section 15.1 CPI Based Change Contractor may request in writing a rate increase once a year during the month of March, to reflect ordinary changes in the cost of doing business, as measured by fluctuations of the Consumer Price Index (CPI), published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Los Angeles -Anaheim -Riverside area, subject to City Council approval. Such requests shall be accompanied by a statement from an independent certified public accountant that, based on a review of the Contractor's financial records, the Contractor's cost of providing service under this Agreement has increased at a rate at least equal to the increase in the CPI from January of the previous year to January of the current year. ' The fees or compensation may be increased in a percentage amount equal to fifty percent (50%) of the net percentage change in said CPI, computed as the difference between the index from January of the previous year to January of the current year. For a requested increase, the Contractor shall pay for one half of the processing costs not to exceed $3,000. Section 15.2 Extraordinary Cost Based Change In lieu of a rate increase request in writing under Section 15.1, the Contractor may request a rate adjustment on the basis of unusual changes or extraordinary increases in direct costs of operation. In such event, the Contractor shall provide a form in direct accordance with Section 15.3, which may be completely tested and audited by the City's accounting personnel, or if the City chooses, by an independent Certified Public Accountant, licensed public accountant or other agent. Any such testing and auditing shall be at the expense of the Contractor and under the sole direction of City. see I. Mittfold a It-Atlel, The Contractor shall provide the City, in the event the Contractor requests a rate adjustment on the basis of unusual changes or extraordinary increases or costs of doing business, with a copy of its certified annual financial statements prepared by a Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code of Regulations, Title 16, Chapter I. Such Certified Public Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no financial interest whatsoever in the business of the Contractor. The City may specify the form and detail of the financial statements. r:13 C:\My Documents\WPDOCS\ContWaste2000.wpd The City, or its representative, shall upon request be provided access to Contractor's operating and financial records, including but not limited to (1) general ledger computer printout for the immediately preceding fiscal year, including line -item details on operating income; (2) documents and monthly schedules in support of the audited financial statements of cash receipts and surcharge revenue; (3) management reports showing profit and loss for the service provided to. the City under this Agreement and for the Contractor's company -wide operations; and (4) working papers from prior or on -going audits, including those undertaken by Contractor or Contractor's parent company. . Section 15.4 Decision: Effective Date The City shall render a written decision on the Contractor's request, either accepting, rejecting, modifying or deferring the same and reciting the basis of its decision. The decision shall be within the sole and absolute discretion of the City Council, subject to all applicable laws. Any rate increases granted by the City Council under the provisions of this section shall take effect beginning July 1 of that year for commercial industrial rates and January 1 of the following year for residential. Section 15.5 Final Year Payments Due to the fact that each year's tax rates which are computed for a calendar year are applied in the tax rolls in a fiscal year, during the final six (6) months of this Agreement Contractor will be entitled to only fifty percent (50%) of the tax role fees collected. Nothing in this Article 15 shall preclude City from adjusting rates in the years that Contractor does not file a CPI rate increase request for purposes of changing the fees described herein or for any other purposes. At any time during the term of this Agreement, the City may conduct an assessment, at its sole cost and expense, to determine the lowest rate for residential refuse collection services provided to incorporated municipalities in the Coachella Valley (the "Rate"). The Rate shall consider "like" services provided to other incorporated municipalities; "like services" shall be defined as MSW collection, curbside recycling, curbside bulky items and automated green waste collection. Any services by special agreements with gated communities shall not impact the definition of like services. The City desires, that consistent with the terms and conditions set forth herein, the rate charged by Contractor should not exceed one hundred and three percent (103%) of the Rate. As a result, and not withstanding any provision in Section 15 to the contrary, no rate increase request made by Contractor pursuant to .- A CAMy Documents\WPDOCS1ContWaste2000.wpd Section 1 5.1 and 15.3, shall result in the rate charged by Contractor to exceed one hundred and three percent (103%) of the Rate. The City shall be entitled to a rate reduction if the assessment determines. that the City's rate exceeds (103%) of the lowest rate. In no event shall the City's Rate exceed the lowest rate for residential refuse collection provided to more than one other city in the Coachella Valley. ARTICLE XVI CONTRACTOR PAYMENTS TO CITY Section 16.1 Franchise Fee Payments In consideration for, among other things, an exclusive contract, the Contractor shall pay to the City eight percent (8%) of all gross receipts, exclusive of Disposal Charges and fees collected. by Contractor pursuant to Section 16.2, received by it under this Agreement. Payment shall be made to the City by the fifteenth (15th) of every month for the preceding month's receipts. In the event of termination, the balance due for the billing period during which the termination occurs, shall be paid within thirty (30) days of the date of termination. For those amounts collected initially by the City, City shall withhold the amounts attributable to AB 939, transfer costs to. Edom Hill prior to the actual switch to Edom Hill, the eight percent (8%) franchise payment and any other amounts owed to the City pursuant to this Agreement or any amendment thereto. From time to time, City may impose certain fees as part of the rates established for refuse collection service to fund recycling, source reduction, household hazardous waste or other similar programs. City may also find it necessary to impose fees as part of the rates established for refuse collection service due to new or existing federal or state laws or regulations. If and when the rate schedule is modified to include such fees, the Contractor shall collect said fees as part of the billing process and.shall remit said fees to the City on a quarterly basis by the twentieth (20th) day of January, April, July, and October for the preceding quarter's fees. In the event of termination, the balance due for the quarter during which termination occurs shall be paid within thirty (30) days of the date of termination. Contractor shall submit a report to the City on the fifteenth (15th) day of each month describing the amount of such fees billed and collected during the preceding month. CAMy Documents\WPDOCS\ContWaste200o.wpd ATTACHMENT 3 HILTON FARNKOPF & HOBSON, LLC isAdvisory Services to Municipal Management 3990 Westerly Place, Suite 195 Newport Beach, California 92660 Telephone: 949/251-8628 Fax: 949/251-9741 www.hfli-consultants.com June 21, 2005 Mr. Doug Evans Director, Community Development Department City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253-1504 Review of Waste Management of the Desert's 2005/2006 Rate Increase Request Dear Mr. Evans: Northern California Southern California Central California Robert D. Hilton, CMC John W. Farnkopf, PE Laith B. Ezzet, CMC We have completed our review of Waste Management of the Deserfs ("WMD") letter dated May 26, 2005, requesting a rate increase for 2005/2006 and the accompanying documentation. REQUESTED INCREASE WMD is requesting a routine increase consisting of two components: A 1.83% rate increase to the service component of the total rate to become effective July 1, 2005 (50% of the 3.66% increase in the Consumer Price Index for the Los Angeles -Riverside -Orange County area between January 2004 and 2005) . • A disposal cost increase effective July 1, 2005, because the Edom Hill Transfer Station tipping fee will increase from $34.51 to $34.98 per ton. Additionally, WMD initially requested a special adjustment for increases in the cost of fuel; however, WMD has subsequently made an oral statement that they are withdrawing the fuel increase request at this time. HILTON FARNKOPF & HOBSON, LLC Mr. Doug Evans June 21, 2005 Page 2 SUMMARY OF FINDINGS The regular CPI and disposal cost adjustments are warranted, although the WMD request contained minor inaccuracies in the residential calculations that are corrected in this report. The corrected residential calculations are contained in Exhibits 1, 2 and 3. The WMD rate schedules contain some new rates and charges that were not contained in the previous City -approved rate schedule. The City should confirm the appropriateness of any new charges. These are described in Finding #4 of this report. Documentation supporting the requested fuel surcharge was not submitted as required by the Agreement as described in Finding #3; although, as noted above, the fuel surcharge request has been withdrawn. TASKS PERFORMED In order to complete the review of the requested rate increase, we performed the following tasks: • We asked clarifying questions to WMD and received their responses during June 2005. • We reviewed the requested increases for consistency with the rate adjustment provisions of the Amended and Restated Agreement for the Collection, Transfer and Disposal of Municipal Solid Waste between WMD and the City of La Quinta ("Agreement"). • We verified that WMD used the correct Consumer Price Index and statistics for January 2004 and January 2005. • We verified that the disposal cost components were accurately calculated based on the new tipping fees to be approved by the Riverside County Board of Supervisors on June 21, 2005. • We reviewed the mathematical accuracy of the service component and dump component calculations for WMD's proposed rates. *HILTON FARNKOPF & HOBSON, LLC Mr. Doug Evans June 21, 2005 Page 3 We established that last year's rates for tax roll billed customers included an additional prorated disposal cost of $0.76 per home per year, or approximately $0.06 per home per month, and appropriately backed out this disposal surcharge in our calculations of WMD's proposed residential rates for tax -roll billing (Exhibit 2). • We obtained the single-family monthly rates for the cities of Cathedral City, Indio and Palm Desert. These were the cities with similar residential collection services. We determined that the City of Palm Desert has the lowest single-family residential service rate among the cities selected for comparison. • We calculated the maximum single-family refuse rate based on 103% of the City of Palm Desert proposed rate ($11.00) and confirmed that the adjusted WMD single- family rate for the City of La Quinta ($10.92) did not exceed 103% of the City of Palm Desert rate. • We verified that La Quinta's adjusted residential rate does not exceed the lowest rate for residential refuse collection provided to more than one other city in the Coachella Valley. • We obtained and read WMD's "Schedule of Net Operating Revenue Less Costs of Doing Business' for content and calculated the percentage change in cost between calendar 2003 and calendar year 2004. DETAILED FINDINGS Based on the work performed we found that: 1. The rate increase due to WMD is 1.83% for the service component (50% of the 3.66% increase in the Consumer Price Index for the Los Angeles -Riverside -Orange County area between January 2004 and 2005). It should be noted that Section 15.1 of the Agreement requires the contractor to submit in connection with a requested CPI adjustment a statement from an independent Certified Public Accountant that "the Contractor's cost of providing service under this Agreement has increased at a rate at least equal to the increase in the CPI from January of the previous year to January of the current year." WMD 01-ULTON FARNKOPF & HOBSON, LLC Mr. Doug Evans June 21, 2005 Page 4 did not submit such a statement. Instead, WMD submitted a statement for all of its operations in the Coachella Valley that shows that the company's total operating revenue increased by 15.4% and its total operating expenses increased by 12.1%. 2. Section 15.7 of the Agreement requires that the La Quinta rate does not exceed 103% of the lowest rate charged to cities in the Coachella Valley with "like services', as defined in the Agreement. Further, the La Quints rate may in no instance be higher than the rate for more than one other city in the Coachella Valley with "like services". The City of Palm Desert's proposed monthly single-family residential rate of $11.00 is the lowest of the Coachella Valley cities selected for comparison with services similar to the City of La Quinta. Accordingly, the maximum monthly single-family rate for La Quinta is $11.33 ($11.00 X 103%). La Quinta's adjusted single-family rate of $10.92, proposed by WMD after the rate increase, is lower than the maximum of $11.33 allowed by Section 15.7 of the Agreement. Based on proposed rates in these three other cities, which were provided by WMD and verified by contacting the Cities, La Quinta's adjusted rate of $10.92 is the lowest rate. 3. WMD requested that the City consider an extra adjustment equal to 100% of the change in the CPI instead of 50% this year due to a significant increase in the price of fuel. WMD submitted price data showing that a published fuel -price index increased by 160% from January 2002 to 2005. The submitted information does not meet the requirements of Section 15.2 of the Agreement for an "Extraordinary Cost Based Change." Section 15.2 states that in lieu of a CPI rate increase requested under Section 15.1, the contractor may request an adjustment for extraordinary increases in direct costs of operation. Section 15.3 states that the supporting information for such a request shall include, among other items, "management reports showing profit and loss for the service provided to the City under this Agreement...." This information has not been submitted. The fuel increase request has been withdrawn at this time. 4. WMD's proposed rate schedules contain four new rate categories that were not contained in the previous year's City -approved rate schedule, including the following: A. Residential rate for "Special pickup" - $51.93 B. Residential rate for "Walk-up service" - $3.53 J(3n HILTON FARNKOPF & HOBSON, LLC Mr. Doug Evans June 21, 2005 Page 5 C. Roll -off service rate for "Relocation charge' - $35.32 D. Roll -off service rate for "demurrage daily rent" - $26.97 The City should determine whether these new charges are appropriate and represent new services, or whether these charges represent surcharges for existing services and therefore special rate increases that may not be appropriate. We appreciate the opportunity to have assisted the City of La Quinta. If you have any questions, please call us at 949/251-8628. Very truly yours, Laith B. Ezzet Senior Vice President Exhibits: 1. Proposed Residential Rates for Fiscal Year 2006 2. Disposal Component Calculations for Fiscal Year 2006 3. Service Component Calculations for Fiscal Year 2006 1 G 1"t �) EXHIBIT 1 PROPOSED RESIDENTIAL RATES FOR FISCAL YEAR 2006 Residential Refuse Collection Rates and Disposal Charges Includes 50% of CPI Increase on Service Component and Proposed Transfer Station Increase from $34.51/ton to $34.98/ton LQ Single Family Home/Townhouse Service Dump AB939 Proposed Condominium/Mobile Home Fee Rates Individual Residence - Curb Service $7.61 $2.70 $0.61 $10.92 Tax Roll Billing Individual Residence - Curb Service $8.86 $2.70 $0.61 $12.17 Waste Management Billie Individual Residence - Walk-in Service $11.14 $2.63 $0.61 $14.38 Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence - Walk-in Service $12.39 $2.63 $0.61 $15.63 Waste Management Billing (2 cans, bags or bundles, up to 60 ft. distance) * Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. * Tax roll billing requires 100% mandatory service year-round * The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. * Additional waste container (Waste Management Billing) - $5.80 �+ 49 EXHIBIT 2 D11 ISPOSAL COMPONENT CALCULATIONS FOR Includes Removal of One-time Disposal Surcharge Approved July 2004 and Transfer Station Disposal Rate Increase from $34.51/ton to $34.98/ton Dump Fee, Back out Increase for New Dump Single Family Home/Townhouse in rates disposal Transfer Fee Condominium/Mobile Home approved surcharge Station Fee Component 7/20/04 (1) Increase Individual Residence - Curb Service $2.72 -$0.06 $0.04 $2.70 Tax Roll Billing Individual Residence - Curb Service $2.66 $0.04 $2.70 Waste Management Billing Individual Residence - Walk-in Service $2.65 -$0.06 $0.04 $2.63 ........... __........______ _... Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence - Walk-in Service $2.59 $0.04 $2.63 Waste Management Billing (2 cans, bags or bundles, up to 60 ft. distance) (1) Prior year's rates for tax roll billed customers included an additional prorated disposal cost of $0.76 per home per year, or approximately $0.06 per home per month. 6 ►'', EXHIBIT 3 SERVICE COMPONENT CALCULATIONS FOR FISCAL YEAR 2006 Includes 50% of CPI Increase on Service Component CPI increased 3.66%; 50% of CPI is 1.83% Single Family Home/Townhouse ownhouse Service Component Service Condominium/Mobilep Home Component Approved p New Service 7/20/04 Increase Component Individual Residence - Curb Service $7.47 $0.14 Tax Roll Billin $7.61 Individual Residence - Curb Service $8 70 $0.16 Waste Man a ement Billing $g,86 Individual Residence - Walk-in Service $10.94 $0.20 $11.14 Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence - Walk-in Service $12.17 $0.22 $12.39 Waste Management Billing (2 cans, bags or bundles, up to 60 ft. distance) 6 3