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2006 07 05 CCeaf qkad4a 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 Quinta, California 92253 Regular Meeting WEDNESDAY, JULY 5, 2006 - 2:00 P.M. Beginning Resolution No. 2006-63 Ordinance No. 428 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, 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 NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MICHAEL O'CONNOR, AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS. City Council Agenda 1 July 5, 2006 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND PALM ROYALE. PROPERTY OWNER/NEGOTIATOR: THE ROBERT MAYER CORPORATION, ROBERT L. MAYER, JR. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY ATTORNEY. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE 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 - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 20, 2006. 2. APPROVAL OF MINUTES OF SPECIAL MEETING OF JUNE 21, 2006 City Council Agenda 2 July 5, 2006 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 5, 2006. 2. ACCEPTANCE OF GRANT* OF EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES ALONG WASHINGTON STREET FROM THE ENTIN FAMILY LIVING TRUST ASSOCIATED WITH THE LA QUINTA BUSINESS CENTER, SITE DEVELOPMENT PERMIT NO. 2004-814. 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFF -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR PARCEL MAP 32683-3, WASHINGTON PARK, WASHINGTON III, LTD. 4. APPROVAL OF COUNCIL MEMBER HENDERSON'S REQUEST FOR RE -APPOINTMENT TO THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE. 5. APPROVAL OF A RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 6. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2006/2007. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY ELFEGO PONCE: DATE OF LOSS - FEBRUARY 9, 2006. 8. APPROVAL OF ENVIRONMENTAL DOCUMENT FOR THE JEFFERSON STREET ROADWAY ALIGNMENT PROJECT (AVENUE 58 AND AVENUE 59 SECTION LINE). 9. ADOPTION OF A RESOLUTION TO APPROVE THE RESIDENT AND NON-RESIDENT FEES FOR THE FITNESS USE CARD FOR THE FITNESS CENTER AT THE BOYS AND GIRLS CLUB. 10. APPROVAL OF AWARD OF CONTRACT FOR THE JEFFERSON STREET AND AVENUE 49 TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2004-07b. 11. APPROVAL OF REPAIRS TO THE FOURTH FAIRWAY AT SILVERROCK RESORT TO BE PERFORMED BY THE GOLF OPERATIONS CONTRACTOR. City Council Agenda 3 July 5, 2006 BUSINESS SESSION 1. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2006/2007. A. MINUTE ORDER ACTION 2. CONSIDERATION OF RESOLUTIONS SUBMITTING A BALLOT MEASURE TO THE VOTERS AT THE NOVEMBER 7, 2006 GENERAL MUNICIPAL ELECTION TO VALIDATE, RE-ENACT AND APPROVE THE EXISTING TRANSIENT OCCUPANCY TAX RATE. A. RESOLUTION ACTIONS 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 (HENDERSON) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. SILVERROCK SUBCOMMITTEE 18. COMMUNITY SERVICES COMMISSION MINUTES DATED JUNE 12, 2006 19. INVESTMENT ADVISORY BOARD MINUTES DATED MAY 10, 2006 0 City Council Agenda 4 July 5, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE 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 1 . PRESENTATION BY THE SOUTHERN CALIFORNIA CITY CLERKS ASSOCIATION. 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. 5 City Council Agenda 5 July 5, 2006 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. PUBLIC HEARING ON DEVELOPMENT IMPACT FEES (DIF). A. MINUTE ORDER ACTION 2. PUBLIC HEARING ON ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 9, SECTION 9.80.040 - TABLE 9-5 PERMITTED USES IN NON-RESIDENTIAL DISTRICTS TO ALLOW RETAIL STORES GREATER THAN 10,000 SQUARE FEET IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. A. MOTION TO TAKE UP ORDINANCE, READ BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING 3. 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 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on July 18, 2006, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 July 5, 2006 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 5, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on June 30, 2006. DATED: June 30, 2006 JUNE S. GREEK, MMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7030. 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. City Council Agenda 7 July 5, 2006 ��w4 AGENDA CATEGORY: 5 GSM OF T 9� BUSINESS SESSION COUNCIL/RDA MEETING DATE: July 05, 2006 / CONSENT CALENDAR ITEM TITLE: STUDY SESSION Demand Register Dated July 05, 2006 PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated July 05, 2006 BACKGROUND: Prepaid Warrants: 68944 - 68963 } 18,067.02 68964 - 68985} 2,286,379.60 Wire Transfers} 276,080.35 P/R 33300 - 333121 159,678.53 P/R Tax Transfers} 43,484.93 Payable Warrants: 68986 - 69126} 1,299,545.17 $4,083,235.60 FISCAL IMPLICATIONS: Demand of Cash -City $3,754,628.80 Demand of Cash -RDA $328,606.80 w; CITY OF LA QUINTA BANK TRANSACTIONS 06/15/06 - 06/27/06 06/14/06 WIRE TRANSFER - ICMA $7,319.31 06/14/06 WIRE TRANSFER - PERS $16,048.95 06/15/06 WIRE TRANSFER - LANDMARK $106,963.09 06/21/06 WIRE TRANSFER - WATERCOLORS $48,000.00 06/22/06 WIRE TRANSFER - DUNE PALMS $45,933.00 06/22/06 WIRE TRANSFER - DUNE PALMS $3,816.00 06/27/06 WIRE TRANSFER - WATERCOLORS $48,000.00 TOTAL WIRE TRANSFERS OUT $276,080.35 �j a- N to I 1 O 1 1 O 10 to to to O O 't N O o 10 10 O O �0 M O 10 1 u Q 1 O 1 W F- 1 P It O P M O I S O 1 to N to 00 N 10 W N OC I u F 1 P ti ti ID W 1 I Q m 1 I N O Z I 1 H I 1 w m 1 I 0L O 1 I t,LU I HZ 1 H I O Q I is -IC -IC -K 'K is iC iC -IC is z 1 �w I 00 N0%0 %0 M 00 N OD ti to to to N to M to W to to to fl-�NPMMtn 00 00 NN �t NN 00 O 1 \1 00 'T �t OMto N 00— P P M M\0 f- a, It It P O 1010 to MNM c-O 10 00 00 000010 MM 00 u 1 Iu V i Li I UN 1 ti 00 P O 10 J 00 to P r+ 10' r�rl a C; flll� PI,. 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I w I w� u- I O u I O O, Ol .O - O 01 W O� O, U ti 0 i KQ0 1 ZH 1 M o\0 to tnN M Ntn 'O1O z 0la, r-r4010 NM to Qix 1 00 1 o0 010 t-�O l,tn -00 O -O� 00 N01It f-MNO -M M aC7} 1 o>Z I OT 0000 01- N10 00 0\0 NO1-N�01N NN O W OF- 1 zz 1 O O- 010,010 Otn 0 - 000 O.O O-tn Otn t- OM O K a'H I wH i O 010 Oa,a,ol 000 000 ON 00 Ot-T 2T•D I- Otn O- aaU I > 1 0 00 0--- 00, 000 OT ON OO,M mN1 to I- OQ, O- 4 V WAR t ' COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Acceptance of a Grant of Easement for Street and Public Utility Purposes along Washington Street from the Entin Family Living Trust Associated with the La Quinta Business Center, Site Development Permit No. 2004-814 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: CT L STUDY SESSION: PUBLIC HEARING: Accept a Grant of Easement for Street and Public Utility purposes along Washington Street from the Entin Family Living Trust associated with the La Quinta Business Center, Site Development Permit No. 2004-814 and authorize the City Manager to sign the certificate of acceptance for the same. FISCAL IMPLICATIONS: Additional maintenance costs for the roadway are included within the Fiscal Year 2006/2007 maintenance budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: La Quinta Business Center, Site Development Permit No. 2004-814 is located on the east side of Washington Street north of Fred Waring Drive (Attachment 1). As a condition of Site Development Permit No. 2004-814, the developer is required to dedicate additional right-of-way along Washington Street to conform to the General Plan as well as additional right-of-way to construct a right turn only deceleration lane on Washington Street at the entry drive. Therefore additional right-of-way, as described and shown on Exhibits A and B of the Grant of Easement (Attachment 2), needs to be dedicated to the City. The Developer desires at this time to dedicate, by Grant of Easement, the additional right-of-way to the City of La Quinta. ? S:\CityMgr\STAFF REPORTS ONLY\7-5-06\C1 SDP 2004-814.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Grant of Easement for Street and Public Utility purposes along Washington Street from the Entin Family Living Trust associated with the La Quinta Business Center, Site Development Permit No. 2004-814 and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept a Grant of Easement for Street and Public Utility purposes along Washington Street from the Entin Family Living Trust associated with the La Quinta Business Center, Site Development Permit No. 2004-814; or 3. Provide staff with alternative direction. Respectfully submitted, Cub imothy . J nas o , P.E. Plic Wo Director/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Grant of Easement �I u S:\CityMgr\STAFF REPORTS ONLY\7-5-06\C1 SDP 2004-814.doc ATTACHMENT 1 I-10 H OVLEY LANE TUSCON CiR PALM DESER w � CALLE LAS BRISAS (44TH AVE.) o INDIAN WELLS z Q �V UNr� �� e DRIVE IBERMUDA DUNES AVENUE 42 --- --] DARBY RD. SITE 0 J a � FRED WARING DRIVE LA QUINTA VICINITY MAP NOT TO SCALE T 49 3 ATTACHMENT 2 No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta Post Office Box 1504 La Quinta, CA 92247-1504 Space above this line is reserved for Recorder's use GRANT OF EASEMENT DEED RW-D 2006-064 FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, JACK J. ENTIN, TRUSTEE and PENNY D. ENTIN, TRUSTEE of the ENTIN FAMILY LIVING TRUST dated October 23, 1999, (the Grantor), hereby grants to CITY OF LA QUINTA, a California Municipal Corporation, (the Grantee), a perpetual easement and right-of-way for public street and public utility purposes, in, on, under, across and through all that real property described per Exhibit "A" and as shown on Exhibit "B" attached hereto and made a part hereof. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. Executed this F-M Pol day of 200`P STATE ��k �JE TYPEDPRINTED OR Its: Trustee of the Entin Family Living Trust dated October 23, 1999 TITLE OF EXECUTOR IF GRANTOR IS NOT A PERSON V By: SI NATURE Penny D. E tin PRINTED OR TYPED NAME Its: Trustee of the Entin Family Living Trust dated October 23, 1999 TITLE OF EXECUTOR IF GRANTOR IS NOT A PERSON F120 1/01 4 STATE OF CALIFORNIA ) ) COUNTY OF N ` \A, ss. U�4 1� aU� 6 before me, -J NY`'\ t . 6 . c OLAi 3 � 1�AV-AV?UQ�1 C, On Name, Title, e.g., "Jane Doe, Notary Public" personally appeared T-f--N14q Vo• FNT1N Name(s) of Signer(s) p personally known to me -- OR -- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) its/are subscribed to the within instrument and acknowledged to me that beOeie/they executed the same in Weer/their authorized capacity(ies), and that by hiGA+er/their signature(s) on the instrument the person(s), or the entity upon behalf cO�NtAI� of which the person(s) acted, executed the instrument. caawdulan r I1e067e 16AM I ft"o - cawmft Vano" Cow* i�r.�o.o falll Witness my hand ar^fficial seal. Signature of Notary OPTIONAL The following information is not required by law, however, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: rj Individual p Corporate Officer: Title(s) ❑ Partner(s): ❑ Limited p General Attorney -in -Fact ❑ Trustee(s) Guardian/Conservator Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages SIGNERS (Other than named above) y- F120 1/01 5 SHEET 1 OF 1 SHEETS EXHIBIT A RW-D 2006-064 SECTION 18, T. 5 S., R. 7 E., S.B.M. LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT H OF PARCEL MAP NUMBER 27131, AS FILED IN BOOK 184, PAGES 87 THROUGH 91, INCLUSIVE, OF PARCEL MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE SOUTH LINE OF LOTS H AND G OF SAID PARCEL MAP, NORTH 89°28'40" EAST, 17.00 FEET; THENCE LEAVING SAID SOUTH LINE, PARALLEL TO AND 72.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, SOUTH 00-11'07" WEST, 6.87 FEET; THENCE SOUTH 64018'41" EAST, 22.16 FEET; THENCE PARALLEL TO AND 92.00 FEET EAST OF SAID WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, SOUTH 00011'07" WEST, 38.82 FEET; THENCE SOUTH 33°33'22" WEST, 36.36 FEET; THENCE PARALLEL TO AND 72.00 FEET EAST OF SAID WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, SOUTH 00011'07" WEST, 207.40 FEET TO THE SOUTH LINE OF THAT CERTAIN PARCEL 1 DESCRIBED ON DEED RECORDED SEPTEMBER 6, 1978 AS INSTRUMENT NO. 188596 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTH LINE, SOUTH 89°28'40" WEST, 17.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF WASHINGTON STREET (55.00 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, NORTH 00°11'07" EAST, 293.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 6,157 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION, BASED ON RECORD INFORMATION. PHILLIP K. FOMOTOR, P.L.S. EXP. 12/31 /06 rPHILILIP LANDK. FOMOTOR No. 7070 EXP. 12/31/O6 T � W:\Jobs2005\La Quinta Business Center\MAPPING\RW-DEDICATION\EXH-A.Doc EXHIBIT B SHEET 1 OF 1 SHEETS RW-D 2006-064 20.00 i 0 60.00' o L, PARCEL 4 5.00' -- P.M.27131 17.00' pM o 10 4/ 0 77-91 po .g N89'28'40"E 17.00' N89'28'40"E 245.00' SCALE 1 "=60' L1J 228.00' ~ N00'11'07"E V 6.87' 92.00'� { N64'18'41 "W 22.16' w " Z o w N0011'07"E 38.82' I- 0 z _' z N33'33'22"E 36.36' 40.00' N8928'40"E PARCEL A 55.00' 55.00' N MY. NO. 0 0 N 20004-1001432 72.00' --I p N C oD o w r` 00 Obi O 0 Z o CS w d U o z o N o OZ Iw 0 Z J H N 268,00' N89'28'40"E 285.00' r7.00' RE M1MDER 55.00' LOT 26 3S 15/32 LEGEND LAND SGR THIS DOCUMENT WAS PREPARED EXISTING LOT LINE ��o L�c� BY ME OR UNDER MY DIRECTION, 4QA BASED ON RECORD INFORMATION. ® RIGHT OF WAY FOR PUBLIC STREET PUBLIC UTILITY \Giu? AND v PURPOSES PHILLIP K. FOMOTOR . 7070 EXP. 12/31/06 '9T � Op CAL1F PHILLIP K. FOMOTOR, P.L.S. W. OLimto Business Center WIPPWG RW-DEDICATIW D(H-B dr 5 25 2W6 10:39M AM PDT EXP. 12/31 /06 Titit 4 aCP Qumraj COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One -Year for Parcel Map No. 32683-3, Washington Park, Washington III, Ltd. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to June 22, 2007 for Parcel Map No. 32683-3, Washington Park, Washington III, Ltd. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32683-3, Washington Park, Washington III, Ltd., is located south of Highway 1 1 1, east of Simon Drive, and west of Adams Street (Attachment 1). On June 22, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Westward Shadows. Section 6 of the SIA requires that the subdivision improvements be completed within twelve months after the approval of the SIA. Failure by the Subdivider to begin or complete construction of the improvements within this specified time period may, at the City's discretion and when deemed necessary, declare the Subdivider in default of the SIA. S:\CityMgr\STAFF REPORTS ONLY\7-5-06\C2 PM 32683-3.doc j In a letter dated June 20, 2006, the developer requested a time extension and provided the City with an anticipated completion date of July 7, 2006 for the remainder of the off -site improvements. As a result, City staff has prepared the attached resolution, which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of Off - Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to June 22, 2007 for Parcel Map No. 32683-3, Washington Park, Washington III, Ltd.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to June 22, 2007 for Parcel Map No. 32683-3, Washington Park, Washington III, Ltd.; or 3. Provide staff with alternative direction. Respectfully submitted, jimot—hy .J a o , P.E. blic Wor Dir or/ City Engineer Approved for submission by: r � Z-Z4 _�� Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map S:\CityMgr\STAFF REPORTS ONLY\7-5-06\C2 PM 32683-3.doc 2 J RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR PARCEL MAP NO. 32863-3, WASHINGTON PARK, WASHINGTON III LTD. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for PARCEL Map No. 32683-3, Washington Park, Washington III Ltd. on June 22, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 22, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one-year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 22, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 3 Resolution No. 2006- Parcel Map No. 32683-3, Washington Park Adopted: July 5, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day July 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California rd 13381 W a m U W 0 W ATTACHMENT 1 133Y1S oy W �o W Q 5 ceity/ 4 0420 42"Araj COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Approval of Council Member Henderson's Application for Re -Appointment to the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Council Member Henderson's application for re -appointment to the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Santa Rosa and San Jacinto Mountains National Monument is accepting nominations for persons to serve as members of the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, managed under the provisions of the Federal Advisory Committee Act (FACA). Members of the Committee will advise the Secretaries of Interior and Agriculture on resource management issues as associated with the development and the implementation of the National Monument Plan. Attachment 1 is the Letter of Invitation from the Santa Rosa and San Jacinto Mountains National Monument.. The current call is for a 3-year appointment for the following: 1. A representative of the California Department of Fish and Game or the California Department of Parks and Recreation; 2. A representative of La Quinta; 3. A representative of Palm Springs; 4. A representative of a local consideration organization; and 5. A representative of a local developer or builder organization. Council Member Henderson, who currently serves on the Advisory Committee, is seeking re -appointment for category 2 representing the City of La Quinta. The Santa Rosa and San Jacinto Mountains National Monument will accept nominations that are postmarked no later than July 23, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Council Member Henderson's application for membership on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee; or 2. Do not approve Council Member Henderson's application for membership on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee; or 3. Provide staff with alternative direction. Respectfully submitted, 6 Thomas P. Genovese, City Manager Attachment: 1. Letter from Santa Rosa and San Jacinto Mountains National Monument ATTACHMENT 1 Vn G P ti "r. GNAT. ^AOM1[%•`[ fpgEST SEQ _U S cM Of AGRICti1� Santa Rosa and San Jacinto Mountains National Monument P.O. Box 581260 690 West Garnet Avenue North Palm Springs, CA 92258 phone:760-251-4800 fax:760-251-4899 http://www.blm.gov/ca/palmsprings/santarosa/santa_rosa_national_monument. html In Reply Refer To: 8326/1783 CA668-66.75 Ms Terry Henderson 54-711 Eisenhower Drive La Quinta, California 92253 Dear Ms Henderson, APR 2 5 20U6 On March 16, 2007, your appointment as the City of La Quinta representative to the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC) will expire. This letter is an invitation for you to re -submit a nomination application package to continue serving on the MAC. The nomination process has begun early to ensure ample time for appropriate background checks and processing of nominees, and to ensure that appointments are made in time for future MAC meetings. As you know, the MAC was established in accordance with the Federal Advisory Committee Act. Each of the MAC's 15 members serves as a volunteer appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture. You may be reappointed to serve on the MAC by completing one of the enclosed nomination applications. In addition to the primary representative for the City of La Quinta, the National Monument is seeking a second nomination for an alternate. If you know of anyone interested in serving as an alternate to represent the City of La Quinta, please forward the second enclosed application to that individual. The nomination application package contains forms from both the U.S. Department of the Interior and the U.S. Department of Agriculture. These forms must be completed in full, and should describe and document a proposed representative's qualifications for appointment to the MAC. Documentation should include letters of reference from represented interests or organizations, as well as any additional information addressing an individual's qualifications, such as a resume or curriculum vitae. C.i Additional information regarding the nomination applications and process may be obtained from the Federal Register Notice calling for nominations, which was published April 24, 2006. Nomination application packages are available at the Bureau of Land Management's Palm Springs -South Coast Field Office, 690 West Garnet Avenue, North Palm Springs. Applications are also available by written request to the Santa Rosa and San Jacinto Mountains National Monument Manager (see mailing address below); telephone request at fp,760 251-4800; facsimile message (FAX) request to the National Monument Manager at,n 760 251-4899; and email request at ,a, ca_srsj_nm@ca.blm.gov. The nomination application package is also available electronically in PDF format through the Santa Rosa and San Jacinto Mountains National Monument Web page ,w, http://www.ca.blm.gov/palmsprings/santarosa/mac- nominations.html. Completed nomination application packages must be received or postmarked no later than July 23, 2006. Please send completed application packages and supporting documents to: Monument Manager Santa Rosa and San Jacinto Mountains National Monument c/o Bureau of Land Management P.O. Box 581260 North Palm Springs, California 92258. If you have any questions regarding the nomination process, please fell free to call me at [pi 760 251-4836, or Frank Mowry at rp, 760 251-4822. Thank you for helping us to make the Santa Rosa and San Jacinto National Monument a success. Sincerely, JAMES FOOTE Acting Monument Manager Enclosure COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Approval of Restated and Amended Employment Agreement between the City of La Quinta and the City Manager RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Approve the Restated and Amended Employment Agreement ("Agreement") between the City of La Quinta and the City Manager. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account No. 101-1002-413.10-01, City Manager's Office -Salaries, Permanent Full -Time, for Fiscal Year 2006/2007. The annual salary for the City Manager under the proposed contract would be $205,000. There would be no additional cost of living adjustment to that figure for the 2006/2007 time period. For subsequent years, the figure would be subject to adjustment. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to the Agreement between the City and Thomas P. Genovese, City Manager, dated July 1, 2005, the City Council may increase the salary and/or benefits of the City Manager based on an annual evaluation. The only substantive change proposed in this year's contract is an increase in the annual salary to $205,000. The Agreement between the City and Thomas P. Genovese, City Manager, is provided as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Restated and Amended Employment Agreement between the City of La Quinta and the City Manager; or 2. Do not approve the Restated and Amended Employment Agreement between the City of La Quinta and the City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, /`..! M. Katherine Jenson, Ci Attorney Approved for submission by: o Thomas P. Genovese, City Manager Attachment: 1. Restated and Amended Employment Agreement 6 4 ATTACHMENT 1 RESTATED AND AMENDED EMPLOYMENT AGREEMENT THIS RESTATED AND AMENDED EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 1 st day of July, 2006, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Thomas P. Genovese, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to continue the services of said Employee as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to continue employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. A. Employer hereby agrees to employ Employee as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as provided by state and federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. B. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing, provided they do not interfere with Employee's normal duties and are done only during vacation or other non -working time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activity create a conflict of interest with the duties of the City Manager and the interests of the City. Section 2. Term. A. The term of this Agreement shall continue in full force and effect for an indefinite term until terminated as herein provided. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee t�J at any time, with or without cause, subject only to the provisions set forth in Section 4, paragraphs A, B and C of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph D, of this Agreement. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months salary; provided, however, that in the event Employee is terminated for willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in that event, Employer shall have no obligation to pay the severance sum designated in this paragraph. B. Employer and Employee agree that if Employee is convicted, including a plea of no contest, of any: (1) felony criminal charges; (2) misdemeanor criminal charges related to the use of alcohol or controlled substances; or (3) misdemeanor criminal charges involving a crime of moral turpitude, any of which arise on or after the effective date of this Agreement, that conviction shall automatically constitute Willful Misconduct under Section 2.08.160 of the City's Municipal Code without further findings of fact. Furthermore, Employee knowingly and willingly waives any right to a hearing as set forth in Sections 2.08.100 through 2.08.150 of the Municipal Code, and agrees that Employer may terminate his employment immediately and without paying the severance set forth in Section 4.A. above based on the conviction. C. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. D. In the event Employee voluntarily resigns his position with Employer before expiration of the above -referenced term of his employment, then Employee shall give Employer sixty (60) days notice in advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued leave to which Employee is entitled, Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $205,000 with no cost of living increase this year only, effective July 1, 2006, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to review said base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated no later than the end of May. Employer may recommend adjustments to salary and/or other benefits during the time period that the annual review is performed. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Transportation Allowance. City shall provide a $550.00/month transportation allowance as well as gasoline reimbursement pursuant to the City approved policy. Employee shall not be provided a City vehicle. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provided for the City Manager pursuant to the Personnel Rules. An additional 10 days of vacation shall be added to the vacation specified in the Personnel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance, and retirement benefits and any future cost of living increases that occur after. July 1, 2006, as other general employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 12. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA P. 0. Box 1504 La Quinta, CA 92247 EMPLOYEE: Thomas P. Genovese P. 0. Box 381 La Quinta, CA 92247 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. r Section 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2006. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: CITY OF LA QUINTA A ATTEST: JUNE S. GREEK, CIVIC, CITY CLERK City of La Quinta, California (City Seal) DON ADOLPH Mayor of the City of La Quinta t._1 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EMPLOYEE: M Thomas P. Genovese City Manager c&ty/ 4 4tP Qu&& COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Approval of a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2006-07 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement ("Contract") with the La Quinta Chamber of Commerce for Fiscal Year 2006-07, and authorize the Mayor to execute the Contract. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2006-07 Preliminary Budget, approved by the City Council on June 21, 2006, contains funds for the La Quinta Chamber of Commerce in the amount of $130,000 (Account #101-1003-413.33-02). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within, the Chamber of Commerce Contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce since Fiscal Year 1991-92. In preparation for continued services during Fiscal Year 2006-07, the Chamber of Commerce submitted a Contract for Services Proposal and Financial Statements, which includes a request for $130,000 in funding for Fiscal Year 2006-07 (Attachment 1). Accordingly, staff has prepared a Contract Services Agreement (Attachment 2) between the City of La Quinta and the La Quinta Chamber of Commerce for City Council consideration with a contract sum of $130,000 in exchange for services in the following areas: Business Retention and Promotion The Gem Newspaper 71 The Visitors Center Annual Audit/Financial Review The only change from last year's contract is the amount and number of disbursements requested by the Chamber. Last year, three equal payments of $43,333 were made every four months; this year, the Chamber is requesting four equal payments of $32,500 quarterly, beginning on September 29, 2006. Approval of the Contract will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 2006-07. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2006-07, and authorize the Mayor to execute the contract; or 2. Do not approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2006-07; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2006-2007 City -Chamber Contract for Services Proposal and Financial Statements 2. Proposed Chamber Contract for Fiscal Year 2006-2007 78-275 Calle Tampico #B - La Quinta CA 92253 ATTACHMENT 1 Phone: (760) 564-3199 - Fax: (760) 564-3111 Executive Committee April 26, 2006 Lew E. Piper Chairman of the Board KDI Stoneworks To: Tom Genovese, City Manager Ruth J. Finholt Michael O'Connor, Assistant City Manager President/CEO La Quints Chamber of Commerce Fm: Ruth Finholt, President/CEO Linda Evans 1 st Vice Chair John F.Kennedy Memorial Hospital Re: 2006-2007 City -Chamber Scott Brooks Contract for Services Proposal 2nd Vice Chair JESA Printing Pedro Rincon Thank you for the opportunity to quote the City of La Quinta on a Contract for Treasurer Services for the following areas of service: Peterson, Slater & Osborne, CPA's Robert F. Sylk Secretary The areas of service are defined as: The Sylk Group David Howard 1. Business Retention and Promotion Immediate Past Chair Cherokee Homes 2. The GEMNewsletter . 3. The Visitor's Center Board of Directors 4. Annual Financial Review Stu Bailey Pack Western Bank ley Total: $130,000.00 Desert mile Desert Springs Publishing Cathy Bretz IID Energy Our request for City funding for the fiscal year 2006-2007 is $130,000.00, with a payment schedule reflected as follows: Cosmo Cappellino KEZN-FMEZ 103.1 Jon P. Gaffney September 29, 2006 $32,500.00 Desert Sands Unified School District December 29, 2006 $32,500.00 Alexis Larson March 30, 2007 $32,500.00 Palm Springs Desert Resorts Convention& Visitors Authorny June 29, 2007 $32,500.00 Thomas McDermott Jr. McDermott & Delateur, LLP The Chamber will continue to provide quarterly reports prior to these dates as Ken Napper we have done in previous terms. We appreciate the opportunity to submit this Modern Woodmen ojAmerica proposal and look forward to continuing to provide these services for the City John Pefin of La Quinta. John Pefia eAa &Associates Roger Perris PTF Financial Ron Salute Desert Southwest Insurance Brokers, Inc. Kurt A. Spurgin, D.C. Advanced Physical Health Center 73 The [voice of Business canraMus@lgchambercom www.lgchambercom Gem orthe Desert 78-275 Calle Tampico #B • La Quinta CA 92253 CHAMBER OF COMMERCE 1. Business Retention and Promotion Phone: (760) 564-3199 • Fax: (760) 546-3111 The Chamber continues to implement new programs, education sessions and advertising opportunities for our members. The Breakfast Network, for the early risers, is an educational program with speakers intended to encourage the members in such avenues as advertising, marketing, and customer service. The Breakfast Network is very well attended and open to members, and prospective members, once a year. The Power Lunch is a members only program solely for networking opportunities. The hour and a half the members spend at the Power Lunch is intense and members are encouraged to give and get as many leads as possible in this short period of time. The Mayor's Luncheons give our Board of Directors the opportunity to meet face-to-face with the members. One Board Member is seated at each table of ten. The Members also have an opportunity to meet and ask questions of City Officials and staff. Topics and speakers are selected to offer education and information to the entire membership. BizNet 2006 is the largest and most successful Symposium and Business Showcase in the Valley. With over 150 booths this year BizNet 2006 proved to be our best effort yet. La Quinta, Indio and Coachella share this event. Our City Map and Business Directory gives the Chamber a chance to show off our beautiful city and at the same time give our members a huge opportunity to advertise. We are now producing the map and the directory on an annual basis. The Mentor Program is off to a good start. Numerous members have registered to either give or receive this one-on-one experience. The Business Makeover Program was a huge success and we are in the process of choosing the next business to receive this highly rewarding makeover. The website had over 20,000 visits in the month of March. We are always looking for new ways to keep it fresh and interesting. We offer links to the City, members, and have a search engine for other areas of interest. 74 78-275 Calle Tampico #B • LA Quinta CA 92253 2. The GEM Newsletter Gem offheDaert CHAMBER OF COMMERCE Phone: (760) 564-3199 • Fax: (760) 546-3111 With our circulation at an all time high of 20,000, the GEMNewsletter has become a vital part of La Quinta. Our readers continue to compliment us on our Leslie Lafayiette column and the community update. The Chairs of our committees create articles promoting legislative issues, upcoming events, new membership programs and educational forums. We are in the process of finding a new editor as Wordsmiths will be retiring this month. The idea of adding new pages has been approved by our Board of Directors. The cost for this will be $650.00 per month. We are positive that adding the pages in color will make ad sales more appealing. We strive to make the GEM fresh and interesting for our readers. 3. The Visitor's Center The Chamber strives to promote the City of La Quinta in a manner which the City residents and City Officials would be proud of. The Visitor's Center requires a dedicated full time employee plus volunteers to operate. Wall mounted acrylic holders have been purchased for the west wall of the Visitor's Center. Pamphlets and flyers are on display for all tourists and members. On the north wall member business cards are being displayed with new special holders. This has created a very organized appearance for the Center. 4. Annual Financial Review The Chamber agrees to conduct an Annual Financial Review to be presented to the City of La Quinta prior to June 1, 2007. On behalf of the La Quinta Chamber of Commerce Board of Directors, we thank you for the opportunity to quote the City of La Quinta on a contract for Services in the amount of $130,000.00. We look forward to the continuing bond between the Chamber and the City and appreciate your support. r �J Gem of `the Desert NMN W 78-275 Calle Tampico #B • La Quurta CA 92253 CHAMBER OF COMMERCE phone: (760) 564-3199 • Fax: (760) 546-3111 We also would like to take this opportunity to thank you for your generosity on leasing us space in the La Quinta Library. Our new home offers the space and the atmosphere to represent the Chamber and our City in a warm, yet professional manner. Sincerely, Ruth Finholt, President/CEO LA QUINTA CHAMBER OF COMMERCE 78-275 Calle Tampico #B La Quinta, CA 92253 FINANCIAL STATEMENTS AND SUPPLEMENTARY FINANCIAL INFORMATION For The Year Ended June 30, 2005 77 LA OUINTA CHAMBER OF COMMERCE TABLE OF CONTENTS JUNE 30, 2005 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 -Schedule I 10 Schedule of Expenses — Program Services -Schedule II 11 Schedule of Expenses — Administrative and General -Schedule III 12 r �� 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, 2005, and the related statements 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 Quinta 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. '.l r- f J �' r June 13, 2006 r 79 VNAN CiAL STA,�.E�NTS LA OUINTA CHAMBER OF COMMERCE STATEMENT OF FINANCIAL POSITION JUNE 30, 2005 ASSETS Current Assets Cash (Note 2) $ 55,371 Investment -Board Designated 10,354 Accounts Receivable (Net of allowance of $4,678) 22,019 Deposits 600 88,344 Property and Equipment (Note 3) 13,043 Other Assets Investment - Board Designated 20,765 TOTAL ASSETS $ 122,152 LIABILITIES AND NET ASSETS Current Liabilities Accounts payable $ 8,531 Other liabilities (Note 4) 11,246 Current portion Capital Lease (Note 5) 1,199 20,976 Long Term Liabilities Long-term debt, less current portion (Note 5) TOTAL LIABILITIES 20,976 NET ASSETS Unrestricted Net Assets Board Designated 31,119 General 70,057 Total Net Assets 101,176 TOTAL LIABILTIES AND NET ASSETS $ 122,152 See accompanying notes and accountant's report. r 2 I LA OUINTA CHAMBER OF COMMERCE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2005 UNRESTRICTED REVENUE Membership Dues Publication Revenue Contract - City of La Quinta Program Events Other Income EXPENSES Program Services Publications Program Events Supporting Services Administrative & General INCREASE/(DECREASE) IN UNRESTRICTED NET ASSETS NET ASSETS AT BEGINNING OF PERIOD NET ASSETS AT END OF PERIOD See accompanying notes and accountant's report. 3 $ 155,147 105,863 125,000 134,906 7,591 528,507 96,403 72,034 323,138 491,575 36,932 64,244 $ 101,176 n LA QUINTA CHAMBER OF COMMERCE STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUINE 30, 2005 CASH FLOWS FROM OPERATING ACTIVITIES Increase (decrease) in net assets $ 36,932 Adjustment to reconcile change in net assets to net cash provided by operating activities: Depreciation 3,262 (INCREASE) DECREASE IN OPERATING ASSETS t s: Accounts Receivable (16,758) € INCREASE (DECREASE) IN OPERATING LIABILITIES Accounts payable 1,529 Other liabilities (1,890) NET CASH (USED)/PROVIDED BY OPERATING ACTIVITIES 23,075 CASH FLOWS FROM INVESTING ACTIVITIES Transfer of earned revenues to restricted reserve (111) Acquisition of property (1,690) NET CASH (USED)/PROVIDED BY INVESTING ACTIVITIES (1,801) CASH FLOWS FROM FINANCING ACTIVITIES Principal payment on long-term debt (2,803) NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS 18,471 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 36,900 CASH AND CASH EQUIVALENTS AT END OF YEAR $ 55,371 See accompanying notes and accountant's report. ,. r) J NOTES TO FINANCIAL STATEMENTS 84 ¢(3 LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2005 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, revenue 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 Non -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. , 5 SJ LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2005 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 Equipment 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. Non -Profit Status 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. 80 0 s LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2005 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 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. NOTE 2: CASH AND CASH EQUIVALENTS Cash consists of the following at June 30, 2005: Cash On Hand $ 146 Cash -Events 170 Checking Accounts 25,632 Money Market Account 29.423 NOTE 3: PROPERTY AND EQUIPMENT The following is a summary of property and equipment, less accumulated depreciation at June 30, 2005: Leasehold Improvements $ 10,746 Computer & Office Equipment 26,843 Software 5,690 Signage 496 Furniture & Fixture 984 44,759 Accumulated Depreciation (31,716) 7 87 (.. H LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2005 NOTE 4: OTHER LIABILITIES Other liabilities at June 30, 2005, were comprised of: Accrued payroll Accrued vacation Accrued sick time Payroll taxes payable Accrued expenses NOTE 5: LONG-TERM DEBT Long-term debt liabilities at June 30, 2005, is summarized as follows: Obligation Under Capital Lease $ 4,305 1,667 2,418 470 2,386 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%. 1,199 Total Capital Lease 1,199 Less: Current Portion (1,199) $ 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, 2005: Minimum Present Value Lease of Minimum Pam Lease Payments 2005 Rio $1,199 Totals $�26 92 NOTE 6: LEASES The Chamber has a 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. 8 LA QUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2005 A 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. i r- 0j I SUPPLEMENTARY FINANCIAL INFORMATION 90 a LA OUINTA CHAMBER OF COMMERCE SCHEDULE OF SUPPORT AND REVENUES FOR THE YEAR ENDED JUNE 30, 2005 SCHEDULEI Membership Dues New Membership Renewal Membership Setup Fee Publication Revenue Business Directory Spotlight Ads Map Newsletter (The Gem) Banner Ads Hyperlinks Labels Contract - City of La Quinta Contract for Services Program Events Luncheons Golf Tournament Business Expo Other Board Installation Other Income Interest Village Sign Program Dividends Board Billings Mid Month Mailing Other Income Total Revenues See accountant's report. 10 $ 40,393 107,359 7,395 155,147 12,000 810 25 91,703 1.325 105,863 125,000 125,000 54,746 23,750 40,950 10,480 4,980 134,906 313 (105) 6,618 /,,)71 $ 528,507 91 LA QUINTA CHAMBER OF COMMERCE SCHEDULE OF EXPENSES — PROGRAM SERVICES FOR THE YEAR ENDED NNE 30, 2005 SCHEDULE II Publications The Gem $ 89,263 Website 4,785 Membership Brochures 2,355 96,403 Program Events Luncheouns 24,973 Golf Tournament 9,906 Business Expo 22,426 Toys for Tots 600 Board Installation 7,177 Leadership Coachella Valley 1,700 Membership receptions 5,252 72.034 Total Expenses - Program Services $ 168,437 See accountant's report. 11 LA QUINTA CHAMBER OF COMMERCE SCHEDULE OF EXPENSES - ADMINISTRATIVE AND GENERAL FOR THE YEAR ENDED JUNE 30, 2005 SCHEDULE III Bank Charges $ 3,057 Board Meeting Expense 4,145 Mid Month Mailing 4,118 Legal and Accounting 11,859 Village Sign Program 4,241 Meeting Expense 4,074 Mileage Expense 1,005 Equipment Lease 2,270 Computer Expense 98 Payroll Services 1,844 Dues and Subscriptions 1,334 Miscellaneous Expenses 3,075 Insurance - D & O 6,173 License and Permits .286 Office Supplies 8,745 Payroll Expenses 228,997 Postage 2,479 Printing 1,927 Rent Expense 12,000 R & M -Equipment 940 R & M -Office 3,182 Telephone 4,590 Utilities 3,695 Office Storage 731 Security 300 Visitor Center Tourism 33 Bad Debt Expense 4,678 Depreciation Expense 3,262 Total Expenses - Administrative and General $ 323,138 See accountant's report. 12 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation. (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 2005-2006 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. 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, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or 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 such 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. 94 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 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 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 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" included in Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of Exhibit "A" shall govern. 95 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred -Thirty Thousand Dollars ($130,000) (the "Contract Sum"), except as provided in Section 1.7. 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 the Contractor's rates as specified in Exhibit "A", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). 2.2 Method of Payment. When Contractor wishes to receive payment (see Exhibit "B"), Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor 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 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 ofsuch delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgement such delay is justified, and the Contracting 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 June 30, 2007. 4.0 COORDINATION OF WORK 4.1 Representatives 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. Linda Evans, Chairman of the Board b. Ron Salute, Chair -Elect C. Scott Brooks, 1" Vice Chair d. Cosmo Cappellino, Secretary e. David Archer, Treasurer f. Ruth Finholt, President/Chief Executive Officer It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial 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 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that 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 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. 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 08 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 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. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the 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 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. Contractor shall defend, indemnify and hold harmless 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, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by 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, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities 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, as its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums of 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 periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, three progress reports, including an accounting of expenditures, shall be provided on or about October 2006, January 2007, and April 2007. 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. 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the 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 Contractor 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 therefor. The injured 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 l 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. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "B") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the 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; 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 affects his or her personal interest or the interest of any corporation, partnership or association in which he or she 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. 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 or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 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 P. 0. Box 1504 La Quinta, California 92247-1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE 78-275 Calle Tampico, #B La Quinta, California 92253 Attention: Ruth Finholt, President/Chief Executive Officer 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 affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 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. CITY OF LA QUINTA, a California municipal Corporation Dated: By: 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 Dated: DONALD 0. ADOLPH, Mayor City of La Quinta, California LA QUINTA CHAMBER OF COMMERCE A2 Name: Title: "CONTRACTOR" EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FY 2005-06 The Chamber shall provide the following services: A. Business Retention & Promotion B. The Gem Newspaper (12 editions) C. The Visitor's Center D. Annual Financial Review The Chamber shall provide an annual audit/financial review report. The Chamber shall provide the City with three written reports on its activities as required by this Agreement. These reports will be submitted in accordance with the following schedule: 1. First report - October 2006 2. Second report - January 2007 3. Third report April 2007 EXHIBIT "B" SCHEDULE OF COMPENSATION Payments shall be made upon receipt of invoice in accordance with the following schedule: September 29, 2006 $32,500 December 29, 2006 $32,500 March 30, 2007 $32,500 June 29, 2007 $32,500 0 • V - - �5S 4 4a OF Tt�9 COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Elfego Ponce — Date of Loss: February 9, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �/ CONSENT CALENDAR: ' l STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Elfego Ponce, with a reported date of loss of February 9, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $150.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Elfego Ponce with a reported date of loss of February 9, 2006, (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 Elfego Ponce with a reported date of loss of February 9, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: 6 �C.rfia Thomas P. Genovese, City Manager Attachment: 1. Elfego Ponce, Claim for Damages E Reed Carpenter Superrateadent ATTACHMENT 1 C,LAIM FOR DAMAGES RESERVE FOR FILING STAMP 49-499 Eisenhower Drive 1 a Quinta, California 92253 fO PERSON OR PROPERTY CLAIM NO. Tel.760.564.3340 Fax 760.564.1333 ESORT &CLUB rcarpenter@laquintaresort.com www.laquintaresort.com �S ' t be filed not later than sa months after 2 -Cla'roisW c3amageslo real pt0pertymu31nerrea nonaierman 1 year after the occurrence. (Gov. Code § 9112.) 3. Read entire daim Norm before filing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bodom. 6. Attach separate sheets, ft necessary, to give full details. SIGN EACH SHEET. TO. [Name of City) Date of Birth of Claimant ,/-!! 0 O— 3 Name of Claimant Occupation of Wkwnt Hare Address of Claimant city and to _ HOW T of Cola W_ 1 Business Address of Claimant City and State ,SIOo ff�Jl �'ilfz �� I& � • Business TeWtone ofClaimant Give address and telephone number b which you desire ram or cornmrmicabons lo be sent Claimarifs Social Sea* No.: regarduhg dawn: When did DAMAGE or INJURY ? Names of any city employees invdved in INJURY or DAMAGE: Dater—f-7—a (v Time: 1 A17 If (aaarr is for Equdable Indemnity, give date daimant served whilh the cuff plaint Date: Where did DAMAGE or INJURY occur? Describe tally-. and locate on diaaram on reverse side 4 ihis sheet Where admddriate. dive street names and address and measurements from landmarks: " .-5- /0O l ,f elff e4fl/L Ifl'/ -¢ ems) c7 � Describe in detail how the DAMAGE or INJURY occ u ed. !7�/7l !/�Py lcJ /�s/Ud- -q �rat o r Ul rn. .� 10 3 Q C> Why do you d#n the city is responsible eil E I6i Describe In detail each INJURY or DAMAGE 3 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE j amount claimed, as of the date of presentation of this claim, is computed as follows: ,amages incurred to date (exact): Estimated prospective damages as far as known: Damage to ................. /jrd. ©O Future expenses ses for and hospital care .S 9 property .... 3 xpen sp Expenses for medical and hospital care ..... $ Future loss of earnings .....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury, investigated by police? d if so, what *? _ Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to DAMAGE or INJURY. List all persons and addresses of persons known to have information: Name ! &VP C—A;99 ez2= ; Address S�ooi �� L��Phone 5�5�33 YO Name Address Phone Name Address Phone DOCTOR AND HOSPITALS: Hospital Address Doctor Address Doctor - Address Phone Phone Phone READ CAREFULLY For all acciient datums place on following diagram name of streets, btu ft North, - aoxkx t by W1' and location of yourself or your vdkle at the time of the accident East. South, And West; indicate place of accident by W and by showing house by'B-1' and the point of impact by -k* m vrkws or distances lo street comers. If City Vehicle was invdved, designate by letler K location of Ctiy Vehicle when you first saw tend by B" location of yourself NOTE: Fdap= below do not fit lie situation, attach hereto a proper diagram or your vehicle when you first saw laity Vehicle; location of City vehicle at time of - signed by claimant. CURB 77 to Claimant~ or person feting on CURB PARKWAY A BE FILED WITH CITY CLERK (Gov. Code Presentation of a false claim is a felony (Pen. Code § 72.) 4 Twyl 4 stA Qu&rA,� AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2006 CONSENT CALENDAR: ITEM TITLE: Approval of the Environmental STUDY SESSION: Document for the Jefferson Street Roadway Realignment Project (Avenue 58 to Avenue 59 PUBLIC HEARING: Section Line) RECOMMENDATION: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2006-569, the Jefferson Street Roadway Realignment Project (Avenue 58 to Avenue 59 Section Line). FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed roadway project is the realignment and construction of "Jefferson Street," south of Avenue 58 to the section line of Avenue 59 (Attachment 1) consistent with the adopted City of La Quinta General Plan Circulation Element and previous reviews and approvals carried out by the City and the U.S. Bureau of Reclamation (USBR). The realignment would turn Avenue 58 southerly at a location approximately 800 feet east of the east section line of Section 29 and the extension of the current (unbuilt) Jefferson Street alignment. The realigned "Jefferson Street" will be renamed at a future date. The purpose of the realignment is to provide public road access for two previously approved projects, the Travertine Specific Plan and the Green Specific Plan (1995), by providing a looped roadway connection via the Jefferson Street realignment that will proceed southerly and then easterly to connect with Avenue 62 extended. The roadway project would also provide for a new access to The Quarry and Quarry Ranch subdivisions to extend and complete an access point to PGA West, as well as to the Riverside County Lake Cahuilla Park. The project would also provide easements for the extension of water, sewer, power and telecommunication lines. The project will provide a connection to the regional trails network including the Morrow and Boo Hoff Trails, a portion of which is also incorporated into the Jefferson Street right-of-way within the Coral Canyon subdivision. Access to the Coachella Valley Water District (CVWD) reservoir via the westerly extension of Avenue 58 is to be gated. Access to Coral Mountain Regional Park is planned from Avenue 58 and its access is not directly affected by the proposed project. The proposed roadway project would be elevated as it approaches and crosses the USBR, Dike 2 levee at a location just east of the east section line of Section 29. The subject segment of the roadway would be approximately 2,000 feet in length. The roadway would cross the levee and be carried on engineered fill to be placed within the existing Dike 2 impound area located westerly of the dike, thence along the east section line of Section 29, terminating at the northeast corner of Coral Canyon subdivision (TTM 33444), where right-of-way for the road has already been provided. The right-of-way width will vary from 96 feet in the northern portion to 88 feet in the southern portion, with slope easements also required to accommodate fill slopes along the USBR levee and impound area. The final engineering design and construction documents for this project are 90% complete. Mitigated Negative Declaration (MND) The City has complied with the California Environmental Quality Act (CEQA) and the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2006-569. The USBR is Lead Agency to carry out the requirements of the National Environmental Protection Agency (NEPA) since a portion of the proposed project is on federal lands. USBR will take action after City Council certification of this Environmental Assessment. The CEQA/NEPA Environmental Assessment provides an updated review and analysis of this previously studied realignment and provides additional information not provided in previous studies. At the recommendation of USBR staff, additional cultural resources analysis was conducted. In addition, a new paleontological resources survey was prepared. The Community Development Department determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification (Attachment 2). The Mitigation Monitoring Program is integrated into the EA document. 113 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2006-569, the Jefferson Street Realignment Project (Avenue 58 to Avenue 59 Section Line). 2. Do not adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2006-569, the Jefferson Street Realignment Project (Avenue 58 to Avenue 59 Section Line). 3. Provide staff with alternative direction. Respectfully submitted, Dougla Evans Community Development Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. Project Location Map 2. Mitigated Negative Declaration (MND) 114 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2006-569 PREPARED FOR THE JEFFERSON STREET ROADWAY REALIGNMENT PROJECT (AVENUE 58 TO AVENUE 59 SECTION LINE) ENVIRONMENTAL ASSESSMENT 2006-569 APPLICANT: DDC ACQUISITIONS LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 5th day of July, 2006 consider Environmental Assessment 2006-569 for the Jefferson Street Roadway Realignment Project(Avenue 58 to Avenue 59 Section Line) (herein after referred to as the "Project"); and WHEREAS, said Environmental Assessment has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2006-569) and has determined that although the Project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1 . The proposed Project 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 2006-569. 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. No habitat suitable to support special status plant or wildlife species exists on or adjacent to the site. 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 III City Council Resolution 2006- Environmental Assessment 2006-569 Adopted: July 5, 2006 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. The Project is being constructed to achieve the long term goal of reducing or preventing traffic congestion in the project vicinity and the City's circulation system. 5. The proposed Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed Project. The Project is a roadway improvement project that has been anticipated in the General Plan. 6. The proposed Project may result in impacts to air quality, noise and traffic during construction; however these impacts will be temporary and short in duration and will also be mitigated to a less than significant level with the mitigations measures contained herein. 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 City Council has considered the Environmental Assessment (2006-569) and the Environmental 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. 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 Environmental Assessment 2006-569 reflects the independent judgment of the City. 11� City Council Resolution 2006- Environmental Assessment 2006-569 Adopted: July 5, 2006 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5" day of July, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11 141 Attachment 1 PROJECT LOCATION MAP I 11 11� COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Adoption of a Resolution to Approve the Resident and Non -Resident Fees for the Fitness Use Card for the Fitness Center at the Boys and Girls Club RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council that approves the resident and non-resident fees for the Fitness Use Card for the Fitness Center at the Boys and Girls Club. FISCAL IMPLICATIONS: Staff anticipates that revenues would increase by $1,000 with the purchase of the Fitness Use Card. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 16', the City Council approved the initiation of the Fitness Use Card for staff control and to cover the cost of staff at the facility to supervise the Fitness Center. The development of the Fitness Center is complete and will be open to the public starting July 10tn The Fitness Use Card would be good for 12 months from date of purchase and would allow residents and non-residents over 14 years of age use of the Fitness Center during the evening hours of operation. A La Quinta resident card (SilverRock) or California Driver's license will be accepted as proof of residency. If approved, the Fitness Use Card would be sold starting July 10th with the opening of the facility and would have the following rates: It � $10.00 City resident $25.00 Non -City resident In addition, Palm Desert and Indio Community Centers operated by Coachella Valley Parks and Recreation District have fitness and facility use fees for similar services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution to approve the resident and non-resident fees for the Fitness Use Card; or 2. Do not adopt a resolution to approve the resident and non-resident fees for the Fitness Use Card; or 3. Provide staff with alternative direction. Respectfully submitted, 4&to,Community Services Director o Approved for submission by: 1�� Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FEES TO PURCHASE AN ANNUAL FITNESS USE CARD ALLOWING USE OF THE FITNESS CENTER AT THE LA QUINTA BOYS AND GIRLS CLUB WHEREAS, the City Council of the City of La Quinta recognizes the benefit to the community that is provided by the addition of the Fitness Center at the La Quinta Boys and Girls Club; and WHEREAS, the City Council desires to regulate use fees and policies governing facilities and to provide guidelines to City staff to monitor scheduling and use of facilities, ensuring maintenance and use policies are enforced; and WHEREAS, the City Council has approved an annual Fitness Use Card for the Fitness Center at the La Quinta Boys and Girls Club. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The fees for use shall be ten dollars ($10.00) per year for La Quinta residents and twenty-five dollars ($25.00) per year for non-residents. The annual Fitness Use Card shall be valid for 365 calendar days from the date of purchase. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th , day of July, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 1 )1 Resolution No. 2006- Fitness Center Facility Use Card Adopted: July 5, 2006 Page 2 ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California I,nn yC-F��945 COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Approval to Award a Contract for the Jefferson Street and Avenue 49 Traffic Signal Improvements, Project No. 2004-07B RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /0 Approve a Cooperative Agreement with the City of Indio for the design and construction of Traffic Signal Improvements; and award a contract with DBX, Inc., in the amount of $299,333, for the construction of the Jefferson Street and Avenue 49 Traffic Signal Improvements, Project No. 2004-07B, subject to the City of Indio's approval of the Cooperative Agreement. FISCAL IMPLICATIONS: The following represents the project's "proposed" funding: City of La Quinta (12.5 City of Indio (12.5%): CVAG (75%) Subtotal: $51,542 $51,542 $ 309, 247 $412,331 Considering the low bid in the amount of $299,333, the following is the anticipated project budget: Construction: $299,333 Design: $29,933 Inspection/Testing/Survey: $23,198 Administration: $14,967 Contingency: $44,900 Total Anticipated Cost: $412,331 The Cooperative Agreement (Attachment 1) names the City of La Quinta as the "Lead Agency" for the proposed improvements, outlines the project costs, and estimates the funding share of each of the involved agencies. CVAG has agreed to reimburse the City of La Quinta 75% of the cost of the new traffic signal as part of the existing Memorandum of Understanding (MOU) for the Jefferson Street Phase I Improvements. The City of Indio issued a letter on March 6, 2006 concurring with the City of La Quinta proceeding with the solicitation of construction bids for the proposed traffic signal at Avenue 49. The City of Indio also requested that the Cooperative Agreement be finalized and presented to both City Councils after formal bids are received. Formal bids were received on June 19, 2006. The Cooperative Agreement has been updated to reflect the lowest responsive construction bid in the amount of $299,333. The City of La Quinta's share of the traffic signal improvement costs will come from a developer agreement as a condition of approval for an adjacent project. CHARTER CITY IMPLICATIONS: The project is partially funded with City of Indio and CVAG funding. As such, the contractor will be required to pay prevailing wages for these improvements. BACKGROUND AND OVERVIEW: The project is located on Jefferson Street at its intersection with Avenue 49. The proposed improvements include the construction of a new traffic signal. On February 1, 2005, the City Council approved a Professional Services Agreement (PSA), in the amount of $30.120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. The design of the proposed traffic signal on Jefferson Street at Avenue 49 was included within KOA's scope of work. On May 16, 2006, the City Council approved the PS&E and authorized staff to advertise for bid the Jefferson Street at Avenue 49 Traffic Signal Improvements, Project No. 2004-07B. On June 19, 2006, sealed bids were received for the construction of this project. A complete comparison of the bids received is provided as Attachment 2. DBX, Inc., submitted the lowest responsive bid in the amount of $299,333. Contingent upon City Council's approval to award a contract to construct the proposed improvements, the following represents how the project is expected to proceed: 0A Consider Cooperative Agreement and Award of July 5, 2006 Construction Sign Contracts and Mobilize July 6 - 31, 2006 Construction August - November, 2006 Project Close-out/Acceptance December 2006 Should the City Council take the recommended action, the City Manager will not execute the contract with DBX, Inc. until after the City of Indio has executed the Cooperative Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Cooperative Agreement with the City of Indio for the design and construction of Traffic Signal Improvements and award a contract with DBX, Inc., in the amount of $299,333, for the construction of the Jefferson Street and Avenue 49 Traffic Signal Improvements, Project No. 2004-07B, subject to the City of Indio's approval of the Cooperative Agreement; or 2. Do not approve a Cooperative Agreement with the City of Indio for the design and construction of Traffic Signal Improvements and do not award a contract with DBX, Inc., in the amount of $299,333, for the construction of the Jefferson Street and Avenue 49 Traffic Signal Improvements, Project No. 2004-0713; or 3. Provide staff with alternative direction. Respectfully submitted, �2 Timothy R. Jo P.E. Public Works ipector/City Engineer Approved for submission by: rZ,07,*� � �- Thomas P. Genovese, City Manager Attachments: 1. Cooperative Agreement 2. Bid Comparison Summary 3 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS This agreement (hereinafter "Agreement") entered into this day of , 2006, is between the City of La Quinta, a municipal corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a municipal corporation, referred QUINTA and INDIO are collectively referred "PARTIES." RECITALS to herein as "INDIO." LA to in this Agreement as (1) LA QUINTA and INDIO desire to install a new traffic signal and safety lighting, referred to herein as the "PROJECT," at the intersection of Jefferson Street and Avenue 49, and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained as well as the obligations and responsibilities of the PARTIES. (2) The PROJECT location is jointly owned fifty percent (50%) by LA QUINTA and fifty percent (50%) by INDIO. (3) It has been determined that the State of California promulgated traffic signal warrants have been met for the PROJECT location. (4) The Coachella Valley Association of Governments (CVAG) has agreed to contribute up to 75% of the estimated cost to complete the PROJECT. The preliminary estimate of the Project's cost is $412,331.00. Therefore, CVAG's contribution is estimated to be $309,248.00. (5) LA QUINTA and INDIO desire to equally share the remaining unfunded project costs in the amount of $103,084.00 (the "PROJECT SHARE"). The unfunded project costs represent approximately 25% of the estimated costs to complete the PROJECT. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I LA QUINTA AGREES: 4 Page 1 of 5 (1) To pay an amount equal to one half (1 /2) of the PROJECT SHARE for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit „A „ (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the Standard Plans and Specifications of the State of California Department of Transportation, the standards and practices of LA QUINTA and all applicable laws and regulations. (3) To have final design documents and drawings for the PROJECT prepared by or under the direction of a civil engineer registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the INDIO street right-of-way, in accordance with INDIO standard permit procedures; provided however, that INDIO agrees to cooperate in the issuance of any required permits necessary for the PROJECT as described in Section II below. (5) To advertise, award and administer a public works contract for the construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by INDIO or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish INDIO a complete set of full-sized reproducible "Drawing of Record" plans. (8) To enter into a maintenance agreement with INDIO, whereby LA QUINTA will agree to maintain and operate the facilities and LA QUINTA will pay fifty percent (50%) and INDIO will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT. Section II INDIO AGREES: (1) To pay an amount equal to one half (1 /2) of PROJECT SHARE for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit „A (2) To deposit with LA QUINTA within thirty (30) days of receipt of billing therefore the amount of $51,542, which figure represents INDIO's estimated PROJECT SHARE of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will INDIO's obligation for all' ^s17 anticipated costs under this Agreement exceed 1 15% of INDIO's `� 5 Page 2 of 5 estimated costs, as listed in Exhibit "A," provided that INDIO may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate LA QUINTA in any way to provide additional funds for the PROJECT. (3) To issue, free of charge, upon application by LA QUINTA or LA QUINTA's contractor, the necessary encroachment permits for required work within the INDIO streets right-of-way. (4) To enter into a maintenance agreement with LA QUINTA, whereby LA QUINTA will agree to maintain and operate the facilities and LA QUINTA will pay fifty percent (50%) and INDIO will pay fifty percent (50%) of the maintenance and energy costs for the PROJECT and to pay such 50% obligation within thirty (30) days of receipt of billing therefore. SPrtinn IIII IT IS MUTUALLY AGREED AS FOLLOWS: (1) The total cost of PROJECT is estimated to be $412,331 . (2) The CVAG contribution in the amount of $309,248 shall be credited equally to LA QUINTA and INDIO. (3) If, for any reason, the CVAG contribution is not received by LA QUINTA, INDIO agrees to pay an amount equal to one half (1/2) of the total estimated project cost of $412,331. (4) Upon opening bids for construction of the PROJECT, if bids indicate a cost overrun of no more than 15% of the project cost estimate as described in Exhibit "A," LA QUINTA may award the contract. (5) If, upon opening of bids, it is found that a cost overrun exceeding 15% of the construction cost estimate will occur, INDIO, and LA QUINTA shall endeavor to negotiate in good faith to agree upon an alternative course of action. If, after thirty calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent and without further action, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section I, Article (1), Section 11, Article (1), and Section 111, Article (1) . (6) All contract change orders exceeding 15% of the bid price for the relevant contract bid items shall be submitted by LA QUINTA to INDIO for review and approval prior to authorization by LA QUINTA to construction contractor. (7) In construction of said work, LA QUINTA will furnish a representative to perform the function of Resident Engineer, and INDIO may furnish a representative. INDIO's representative may consult with LA QUINTA's representative, but LA QUINTA's decision shall be considered final. (8) No alteration or variation of the terms of this Agreement shall be valid- unless made in writing and signed by all parties, and no oral w 6 Page 3 of 5 understanding or agreement not incorporated herein shall be binding on either party hereto. (9) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the ratio of fifty percent (50%) LA QUINTA, fifty percent (50%) INDIO. (10) Neither INDIO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement unless such damage or liability is the result of INDIO's misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from INDIO's own misconduct or negligence. (1 1) Neither LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.98) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: (The remainder of this page is intentionally left blank) 7 Page 4 of 5 CITY OF INDIO City of Indio Glenn Southard, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: By: Melanie Fesmire, Mayor ATTEST: M City Clerk APPROVED AS TO FORM: JIM Edward Kotkin City Attorney CITY OF LA QUINTA City of La Quinta Tom Genovese, City Manager P.O. Box 1504 La Quinta, CA 92247-1504 78-495 Calle Tampico La Quinta, CA 92253 Dated: By: Don Adolph, Mayor ATTEST: LIZA June Greek, City Clerk APPROVED AS TO FORM: By: M. Katherine Jenson City Attorney Page 5 of 5 R1 EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS Jefferson Street at Avenue 49 - New Traffic Signal Construction $ 299,333.00 Design $ 29,933.00 Inspection/Testing/Survey $ 23,198.00 Administration $ 14,967.00 Contingency $ 44,900.00 SUB -TOTAL: $ 412,331.00 TOTAL ESTIMATED COST: $ 412,331 CVAG 75% CONTRIBUTION: $ 309,248 LA QUINTA 1/2 PROJECT SHARE: $51,542 INDIO 1/2 PROJECT SHARE: $51,542 1.31 9 rn H Z W 2 O X IL J V) O Q Z LL 0 n N N O � m 00 U. U. W ? U) Z OWVa UQ0o aao � 00 W W N Z O w W LL LL W n c 00000 00000 Q.•.� 00000 rn 00000 U 0 0 0 0 0 CO 0 7 J L O M M Cn u j h- Ffi Ffi fA to e+H } O O O O o Q W 0 0 0 0 O LW � Q o 0 0 0 0 w a LL .7 J Ld O M M N Z�0� —M L) o000 Z J O O O N Q n b O o Cn N 0 0 0 0 0 Z 0 J wi N CM a�0 g W o O !z ffl EA 69 69 V o000 a 0000 ZQ U N � O C7 0 CV O O O LO } a g 0 0 0 O Z ,rn J l!> It N CM 0 r- O O O O Cn CV O C> .-- Q n CO O O Lo _O J N N V W 0 Z F 69 Cfl 69 69 my O O o 0 O O000 W ^10 CV O O .- M U N<OOu� N Q (A Cn 00 .- CL 7 J CV N � 69 b9 Efl 69 O O 64 w 11 0 0 0 0 0 0 aoOoo 0 Jg Oo00(M Ci W a J 0 r- Lo 0 0 N Q0 O r. Ch to n �^ M CCW) Cj w N W U) 69 619, 69 6:! 6% 60!k S W o 0 0 0 0 O O O O O Z W .• co O O o O Ce) U Cn� Woo00� vgoPl�Lqoo ))Z LL 0 M Z � 69 Ef3 69 E:3 6ri F-: T r- C) W0 U H j J J J J J LL z O o � a a o O� � cu W N W 0 mU o COCA c Q•N U_ U C U_ y C 0 m~ W O N ] O) CAH C`6 � W Q W (] --� N M V' vl m ' Z J -)n 10 c&tvl 4 44P Quiftrory CFM OF'I't'9 COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Approval of Repairs to the Fourth Fairway at SilverRock Resort to be Performed by the Golf Operations Contractor RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the repairs to the fourth fairway at SilverRock Resort Arnold Palmer Classic Course by the golf operations contractor at a cost not to exceed $37,211 and appropriate the funding from the SilverRock Capital Reserve. FISCAL IMPLICATIONS: The cost for the fairway repair is not to exceed $37,21 1. Funding for the scope of work is not currently in the SilverRock Operations Budget. Therefore, an appropriation from the SilverRock Capital Reserve Fund (602-0000-390.00-00) will be necessary to complete the project. CHARTER CITY IMPLICATIONS: The funding for this project would come from the SilverRock Capital Reserve Fund and therefore, is not subject to prevailing wages. BACKGROUND AND OVERVIEW: In March 2006, a subsurface soil failure was discovered under the greenside bunker on the fourth fairway at SilverRock Resort. The golf course construction contractor, the mountain drainage project contractor, and a soil engineer/geologist inspected the area and found it unrelated to either the contractors or construction. The soil engineer determined the failure in that area to be an isolated incident and the area was backfilled and compacted by the golf operations contractor as recommended by the soil engineer. In June 2006, another subsurface soil failure occurred on the fourth fairway. This failure was in line with the previous failure under the greenside bunker. Once again, the soil engineer investigated the failure and provided a letter outlining the results of their preliminary investigation with their recommendations (Attachment 1). It is no �! 3 believed that, due to the former alignment of Avenue 52, this "tunnel" may have been a result of the improper backfilling of an abandoned utility trench. Due to the undetermined length of the "tunnel," the golf operations contractor received a bid for an excavator to be used on the property to expose and repair the area in question. The cost of the bid is not to exceed $18,375 and the work will be performed in conjunction with the services that Landmark will provide at $12,836, for a total not to exceed $37,211 (Attachment 2). The soil engineer will work on -site during the excavation to determine the extent of the area and the corrective actions that will be required. The estimated time for the area to be excavated, inspected, and repaired is three days. Due to the unknown size and cause of the soil failure, this work is being considered an emergency and requires corrective action as soon as possible. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the repairs to the fourth fairway at SilverRock Resort Arnold Palmer Classic Course by the golf operations contractor at a cost not to exceed $37,21 1 and appropriate the funding from the SilverRock Capital Reserve Fund; or 2. Do not approve the repairs to the fourth fairway at SilverRock Resort Arnold Palmer Classic Course by the golf operations contractor at a cost not to exceed $37,21 1 and appropriate the funding from the SilverRock Capital Reserve Fund; or 3. Provide staff with alternative direction. Respectfully submitted, A4 Edie Hylt Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. LandMark Geo-Engineers and Geologists Letter 2. Maco Equipment Rental Contract & Landmark statement � '4 06-21-'06 09,54 FROM -LANDMARK \SOUTHLAND . 760-360-052. ATTACHMENT 1 LANDMARK June 21, 2006 Mr. Tim Jonansson, PE City of La Quinta P.O. Box 1504 La Quinta, CA 92253 780 N. 4th Street El Centro,CA 92243 17601 370-3000 1760) 337.890049 77-948 Wildcat. Drive Palm Desert, Ca 92211 (760) 380-0865 (760) 360-0521 fax SUBJECT: Backfill Requirements for Sink Hole @ No. 4 Fairway Silver Rock Resort La Quintal California LCI Project No. LP04009 Dear Mr. Jonansson: We have made a preliminary investigation the sinkhole located in the sand bunker next to Green No. 4 at the Silver Rock Resort in La Quinta, California. The purpose of the preliminary investigation was to evaluate the cause and mitigation of the sinkhole and associated "tuatiel". The evaluation of the cause of the sinkhole is ongoing, but we are providing recommendations for backfill of the sinkhole and associated "tunnel" in order to allow Fairway No. 4 to be placed back in service. We recommend that the soil along the alignment of the "tunnel" be excavated to a depth of approximately 2 feet below the bottom of the tunnel. The bottom of the tunnel will be determined by probing the exposed trench bottom for competent soil. Once competent soil is encountered at the bottom of the trench excavation, the soil may be replaced in the trench in 8 inch lifts and recompacted to a minimum of 85% of ASTM D1557 maximum density. Thank you for the opportunity to provide engineering evaluation of the ground subsidence. Please do not hesitate to call if you have any questions or require additional information. Sincerely Yours, Landmark Consultants, Inc IRZ, �ESSIq�A M �v CM No. Crn 34�4�3�2��YJ' n � Exp. tun el IT ut-arn 2006-06-23 15:30 SILUERROCK RESORT 7607710029 >> ATTACHMENT 2 Maco Equipment Rentals, Inc. A General Engineering Firm 31-250 Reserve Drive Thousand Palms, CA 92276 t4oNaa,aluau IAJuIN1111CIlL Mental Contract Date Contract 0 6123/2006 5735 Lessee- Silvcr Rock Golf Reswt Attu: handy Duncan 79-179 Ahmsrrcno I a ne La Quints. CA 92253 Project Requested By: Terms Rental Start: Rep: Rental Type; IWe 04 Excavation Randy D mran 1)tte lipnr► [tilling 7/23/2006 -1-0 #4 Exammioxt oty Description Rate Sonx of Work: MoNliruuion, Ovorexcavation to wtwve existing tunnel with txmmpa ton to 90"/a radlitive &nosily or bctecr upon backfill- Altoo d note is approximately 2W x 64V deep. Work to be perfornned un u time and materials lxlsis not to exox ed S 18,375, using the aluipm ent and labor listed below its nca.-sswv. JOB BID AS PREVAILING WALE WITH CER'17FIED PAYROLL, Mohilization-WOtt: 450l d' F;zatvnlor 1,300.00 Mobilization-1WOut: 160L.0 E:xcavalnr 390.00 Mobilimtian-WOut: 94' ShrzM. Foot 300.00 450 LC F.xoavator (Per I lour)-4 CY BUCKET 325.00 160I.0 Exo tIvaator w/ Thumh (Per Flour)- OPTIONAL SMAL.LfiR MAGI IINE 2 CY IIIJCKE7" 19,5-00 14" Ridc on Shafts Irtxtt (Pcr hour) 80.56 All vquiprum subjea to 4 I IOUK MINIMI TM, Nvailibility and nxrtrily itism charges. Low is oespmsibic for thclt and/or darimpe to n-nied machina stosad on site listed AN" during notwwking hours. Turns of Paymarr. Full paytttat for all ehalges is due upon Wiling Thirty (30) days at}cv billing all pLe due accounts arc subject to iak mW at the legal drergaobk tale is the slate of rafts. If rental is not paid when duo, or if icwt rails w cor" vAh tiny Itxrrts and cor dititms herein, Iusar may, at in option, terminate this agrm*md aryl at Ltsaer's expense, ether upon the praniv^ wham eWVrrIW is siorod. mke prAtasmiun of the equip ;at withwn prior notice givai and rmum it to k'�sttra prtrrix�. In the eVaA Mom hm to Me sail to ewltoct tthtitil sumo due. IoLace agree; lei pay Maas, in addition n In all other swm, rcasonab:e a1hwmy% fees and coa of litigation. INDI?MIVI FlCATION: t scene agrcmn that the a griprrtettl and all pawns operating such o79taipra nt are World L tX+xc'x �ehtsivepwi. ictiun, supwavisim and walrol rod Dime" In in&moify and cavc (.calm. its c nplo)va oral agents Roe antl harmless front any and all clainu Oar death or ittiuty to perwret. and fistn any and all I=, damage In prtaptaty, int:luding the rdtl■1 uau4=09,1163ing in any mwwr out of l.A%ses t>(tegtlion. Lcvze r duly to itdenaaifv hcraundcr shall iradudc all cwu and cxpeasrti and any and all cLmw romititg from the use of the equipment, iwJdding all court and rui,itramm cost9, [Tiling few a unwy s fan. and c(stt: of acltcmpn. LESSOR Signature'_ - �_—.. Date: LESSEE Signature:___....., Dale: Print Name: PO/Addendum 0: Phone # Fax # E-mail Web Site 760-343-5622 760-343-5654 totld(d�nacocyuip,CM www_macocquip.com U 2006-06-23 13:53 760343S654 S1LVCRR0CK- R E S 0 R T June 28, 2006 Steve Howlett City of La Quinta La Quinta, California Steve, The following is a list of expenses that are related to the sinkhole work and the damaged drainage tile located on hole #4. These expenses are work preformed by Landmark. Backhoe Rental (9 days) Material Drain Pipe Sod Irrigation Supplies Bunker Sand Other Supplies Labor Total $1,500 $2,500 $4,000 $500 $1,500 $436 8 hours per day (10 days) 3 employees @ $10 per hr. $2,400 Respectfully submitted, Randy Duncan $12,836 a ' G. OI' T1� COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Consideration of Contract Services Agreement with Kiner Communications for Professional Marketing Services for Fiscal Year 2006-07 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2006-07 in the amount of $333,000; if desired, provide staff direction on expanded marketing options to be included in the contract; and authorize the City Manager to finalize and execute the contract. FISCAL IMPLICATIONS: The proposed Contract Services Agreement ("Contract") amount is $333,000. However, it includes "expanded marketing options" totaling $242,800 for City Council consideration. If Council directed staff to include all of the options, the total costs of the contract would be $575,800. The following funding sources would support the Contract (as approved in the City of La Quinta's Fiscal Year 2006-07 Preliminary Budget): economic development, redevelopment, and community services. By way of background, Kiner Communications' contract amount for Fiscal Year 2005-06 was $244,000. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner Communications Contract are intended to fulfill this objective. BACKGROUND AND OVERVIEW: At the May 16, 2006 City Council meeting, the City Council considered, and adopted, the City of La Quinta Marketing Plan for Fiscal Year 2006-07 (Attachment 1), which is the guiding document used to implement the City's overall marketing program. During discussions on the City Marketing Plan, Council directed staff to expand the options for the City's marketing efforts. Subsequently, staff met with Kiner Communications regarding the preparation of an expanded marketing program and asked that Kiner identify additional marketing strategies for the City of La Quinta along with associated financial implications. Kiner Communications submitted an Expanded Marketing Program for Fiscal Year 2006-07 (Attachment 2) for Council consideration. The expanded marketing strategies presented by Kiner are summarized below (prioritized in order of best value): PALM SPRINGS L/FE—SEPTEMBER ISSUE $13,100 Advertorial in hardbound issue (at 15,000 hotels) 1-10 BILLBOARD —PASS AREA EASTBOUND $69,000 One billboard, 12-month contract (based on availability) IN-FLIGHT PUBLICATIONS $38,000 Ads in SkyWest and Alaska Airlines magazines (possible co-ops) PALM SPRINGS AIRPORT DISPLAY $9,700 Baggage claim display SOUTHERN CALIFORNIA MARKET —PRINT CAMPAIGN $109,000 Ads in lifestyle publications such as: - Orange Coast magazine - L.A. Confidential - San Diego magazine - Wall Street Journal -Southern California edition PALM SPRINGS CHAPTER OF WOMEN IN FILM $4,000 Website banner ad EXPANDED MARKETING BUDGET PROPOSAL $242,800 139 On June 22, 2006, during its special budget meeting, Council considered the Palms Springs Chapter of Women in Film item. At that time, Council approved a $3,000 request by Denise Dubarry-Hay for a City banner ad on the Women in Film & Television —Palm Springs website. Staff has had several conversations with Ms. Dubarry-Hay and she is offering the City an introductory offer whereby she will design the banner ad at no additional cost. Therefore, staff is recommending that this item not be included. in the Kiner Contract. Kiner would be involved in the effort, however, as it pertains to supplying appropriate photography and logos (and other similar tasks that fall under the monthly retainer). At the May 16 meeting, Council also directed staff to negotiate a contract with Kiner Communications for professional marketing services to be rendered in Fiscal Year 2006-07. Kiner will be responsible for assisting the City with the implementation of certain tasks and programs within the adopted City of La Quinta Marketing Plan. Other marketing activities in the Plan will be handled directly by staff or via the City's contract with Landmark, the golf course operator for the Arnold Palmer Classic Course at SilverRock. Upon this direction, and consistent with the exceptions clause of the City's consultant selection process, staff has renegotiated a Contract Services Agreement with Kiner Communications for Fiscal Year 2006-07. The proposed Contract is provided as Attachment 3 and will be finalized by the City Manager upon Council direction regarding expanded marketing options. Staff is seeking Council direction on which expanded marketing options to include in the Kiner Contract for Fiscal Year 2006-07. Ultimately, the Contract amount will reflect Kiner's original budget proposal of $333,000 plus the amount that corresponds with the expanded marketing options Council directs staff to implement. Exhibit "A" of the Contract is the "Scope of Services" proposed by Kiner and Exhibit "B" represents Kiner's budget proposal (titled "Schedule of Compensation"), which outlines both the original marketing budget and the expanded budget proposal. The Contract will be amended per Council direction and finalized by the City Manager. The breakdown for the original budget proposal of $333,000 is as follows (Council previously reviewed these items during its meetings of April 4 and May 16, 2006): MARKETING — TELEVISION $ 90,000 Splash! Spot broadcast in Orange County/San Diego Factoid TV broadcast in the Coachella Valley Production of ten 15-second "Factoid" spots MARKETING — PRINT & RADIO $ 78,500 Stay/Play ads in L.A. Times Shop/Dine ads (Desert Sun, LQ) Shop/Dine radio ads CITY COMMUNICATIONS VEHICLES $107,000 City Report (design, printing & mailing 4x per year) City Calendar (design, printing and mailing) Palm Springs Life advertorial (October cities progress issue) Community Services promotions (winter & spring postcards) 25' Anniversary logo LOCAL EVENT ADVERTISING $ 9,500 ICSC program ad Bob Hope Classic program guide MARKETING RETAINER Monthly $4,000 retainer $ 48,000 ORIGINAL BUDGET PROPOSAL $333,000 There is a 15 % commission paid to Kiner on television and radio time purchases. The commission is paid by the media directly to Kiner. Additionally, on vendor services such as printing and art work, there is a 20% vendor service fee to cover administrative costs. Two marketing items (the 2007 City Calendar and the redesign of The Gem's City pages), which were not completed under the previous contract, will be carried over for completion in Fiscal Year 2006-07, along with a corresponding amount of $41,500. The carryover amount will not be part of the Contract amount for Fiscal Year 2006-07. The Contract, once finalized and executed, will allow Kiner Communications to implement various marketing and advertising activities as outlined in the adopted City of La Quinta Marketing Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2006-07 in the amount of $333,000; if desired, provide staff direction on expanded marketing options to be included in the contract; and authorize the City Manager to finalize and execute the contract; or 2. Do not approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2006-07; or 3. Provide staff with alternative direction. Respectfully submitted, �Y Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta 2006-07 Marketing Plan 2. Expanded Marketing Program for City of La Quinta 3. Draft Contract Services Agreement with Kiner Communications for Fiscal Year 2006-07 Attachment 1 CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2006-07 Prepared by Kiner Communications 1. Marketing La Quinta Locally as a Shoppin& Dining and Golfing Destination: Use the celebration of the City's 25th Anniversary to communicate economic development progress. Television Advertising — Create ten to fifteen 15-second "factoid" spots about the City's history and progress — using a "Did you know?" type of approach. The factoids will broadcast during the evening news, incorporating both historical facts about La Quinta as well as new information (i.e., "Did you know there are more than 50 restaurants in La Quinta, serving cuisine from around the world? Come explore all that's new in La Quinta today"). These factoids will convey shop/dine La Quinta messages, while touching on the most interesting facts about La Quinta's history. • Radio & Print Advertising — In addition to television, create a parallel campaign using radio and publications like LQ Magazine, The Desert Sun, and the Press Enterprise to celebrate the City's 25th Anniversary, while also communicating a "Look how far we've come message. • Redesigned City Website - When completed, promote City's 25th Anniversary via the new website. This milestone can even be used to get more exposure for the new website. Explore website promotion using 25th Anniversary history trivia to drive people to the new website and get it great exposure as it launches (with prizes to La Quinta shops and restaurants, reinforcing business support and retention while offering businesses a way to participate). 2. Marketing La Quinta as a Visitor Destination: Continue to promote a "Stay and Play" campaign in Southern California drive-in markets. • Broadcast Existing Out -of -Market TV Spot — Continue to broadcast the "Stay & Play" 30-second spot created in FY 05/06 in the Los Angeles and Orange County drive-in markets. This spot creatively "sells" the different experiences in La Quinta for the visitor — from shopping and dining to golf at SilverRock and poolside fun. • Stay & Play Print Campaign — Run another "Stay & Play" print campaign in the Los Angeles Times, specifically the monthly Palm Springs Desert Resorts Page that appears in the newspaper's travel section. • CVA Co-ops — Take advantage of appropriate co-op opportunities presented by the Palm Springs Desert Resorts Convention & Visitors Authority (e.g., California Visitor's Guide, AAA travel publications). 143 3. Marketing La Quinta through Event Attendance, Relevant Publications/Program Guides, and other Promotional Efforts: Use local events and publications to promote and position La Quinta as one of the premier Coachella Valley cities. • Trade Shows/Special Event Attendance — Continue to promote the City and disseminate information at various events, including: International Council of Shopping Centers (ICSC) Convention in Palm Springs, BizNet Symposium and Business Expo (La Quinta, Indio, and Coachella Chambers of Commerce), and the City's annual picnic. • Event Program Guides — Continue a strong presence at prominent local events via program guide advertising, e.g., ICSC Convention in Palm Springs, Bob Hope Chrysler Classic. • Palm Springs Life — Continue participation in the four -page advertorial published in the October Desert Cities Progress Issue of Palm Springs Life. • City Promotional Items — Continue purchase of City promotional items like pens, coasters, and calculators for distribution at trade shows and special events. • Contingency — Maintain a contingency account for unique advertising opportunities the City may wish to take advantage of during the year. 1. Communicating with La Quinta Residents: Continue to convey important City information on various topics such as public safety, community services, road work, budget, economic development, and special projects through tailored mail pieces and public relations campaign. • Public Relations — Continue to issue press releases to the media regarding important news and events that the City wants covered via local TV, news, and radio. • Quarterly Newsletter — Continue to distribute the quarterly newsletter to communicate with residents throughout the year regarding City news and happenings. • City Calendar — Continue to produce a calendar "gift" for distribution to La Quinta residents, which also serves the dual purpose of a public communications tool. The 2007 calendar will center on a 25th Anniversary theme, and the 2008 calendar is slated for a "Great Outdoors" theme. • Quarterly Recreation Brochure — Community Services Department to continue production and mailing of recreation brochure, announcing comprehensive class, program, and event listings. • City of La Quinta Gem Pages (Continue) — Complete redesign currently underway, and City staff to continue gathering information from various departments for inclusion in this monthly publication. 14 2. Offer 25th Anniversary Celebration and Special Community Events: Work on festivities for the City's milestone birthday, and offer the community other special events. • New PR Campaign — Implement a public relations campaign centered on the City's 25th Anniversary. Partner with a history class at La Quinta High School to collect and communicate key milestones and the growth of La Quinta throughout its history. Involving local students will make for a strong PR angle. In addition, create growth graphs and charts to use as a PR component. • 25th Anniversary Special Events — Plan and execute festivities and create a committee for the City's 25th Anniversary celebration in conjunction with the City's annual picnic. As part of 25th anniversary marketing, create a 25th anniversary logo. • Special Community Events — Plan, execute and promote other community special events such as concerts, movies in the park, dedications and grand openings. • Community Services Promotional Materials — Create spring and winter postcards, posters, and other materials in support of special community events. Arnold Palmer Classic Course-- Promote golf play at SilverRock Resort. Continue marketing and branding of SilverRock: Promote golf play among various audiences. • Public Relations — Continue to research and implement PR opportunities to get SilverRock covered in feature stories in golf and travel publications. • Print Advertising — Continue to target the golf resort population when it is here in the Coachella Valley with advertising and media coverage in golf and travel publications (such as Desert Golf Magazine, Golf News and the September hardbound issue of Palm Springs Life) — as well as a special advertising (Ears, etc.) in The Desert Sun. • Billboard — Continue to implement billboard as a strategy to reach the masses, being sure to update the vinyl/artwork so that the SilverRock information (tee times, website, etc.) is readable. • CVA Co-ops for Reaching Convention/Meeting Planners — Implement advertising co-op opportunities with the CVA, specifically those reaching convention & meetings planners (marketing group/tournament play). L • Non -golf Trade Publications — Consider advertising and public relations programs for non -golf trade publications (i.e., in-flight publications). • New PR Angle — In all public relations and advertising efforts, capitalize on Golf Digest's national recognition of SilverRock — hailing it as "One of the Top 10 New Courses to Play." • SilverRock Website Maintenance — Contract with a professional website firm for maintaining and updating the existing site. This will ensure SilverRock stays graphically competitive with other golf course websites. (Information to be considered: new photography, tournament information, score cards, rates.) MANAGED BY Economic Development Economic Development & Community Services Golf Operator Attachment 2 K i n e r C o m m u n i c a 1 i o n s Recommended Marketing Strategies for Expanded Marketing Program The City of La Quinta Fiscal Year 2006-07 Prepared by: Kiner Communications Additional Marketing Concepts for Consideration (prioritized in order of best value): Enhance Southern California and West Coast marketing efforts to achieve a more effective reach in feeder markets. Strategy 1: Target frequent Palm Springs Desert Resorts visitors with the annual hardbound issue of Palm Springs Life — Palm Springs Life's annual hardbound edition is placed in roughly 15,000 hotel rooms across the Coachella Valley, reaching visitors that are already in the desert looking for places to go. There is an option to do a full -page ad in this September edition, or a 2-page advertorial. We recommend the 2-page advertorial — it's a better value and features a story, as well. This strategy is also important for business retention, as it encourages visitors to shop, dine and play in La Quinta while they are in town. Associated Costs: $12,300 (full page ad) or $13,100 (advertorial) Strategy 2: Reach Southern California drive-in traffic with a billboard in the I-10 Pass Eastbound — Currently there is no availability for an I-10 billboard in the eastbound stretch of the Pass, but if one did become available, this would be a prime strategy for reaching drive-in visitors that often take several trips to the desert within a year (particularly desert "weekenders"). Associated Costs: Annual contract for a 12-month billboard in the Pass plus artwork: $69,000 i Strategy 3: Target air travelers of carriers with strong flight schedules into Palm Springs International Airport — In-flight publications such as SkyWest (United Express) and Alaska Airlines magazines are great for marketing to travelers on these airlines that have frequent flights in and out of Palm Springs International. In addition, travelers that fly these airlines are typically from strong "feeder markets," or places that have a high percentage of residents that travel to the Palm Springs area. Associated Costs: Recommendation of eight % page ads eve in Alaska Airlines including its travel planner issue, and three in SkyWest) plus design: $38,000 Strategy 4. Reach visitors arriving at the Palm Springs Airport with baggage claim display — The baggage claim area of the Palm Springs International Airport has a captive audience; those waiting for their bags who are determining where to go while they are in the desert. This is another good strategy for reaching visitors to the area. Associated Costs: $9,700 (must sign annual contract) and artwork Strategy S: Market La Quinta more aggressively in major Southern California markets — Advertise in strong lifestyle publications such as Orange Coast magazine (three full -page ads), L.A. Confidential (two half -page ads), San Diego magazine and the Wall Street Journal -Southern California edition (six quarter -page ads). Associated Costs: $109,000 Encourage and invite the filming industry to use La Quinta as a site for more productions. Strategy 6: Place a banner ad on the Palm Springs chapter of Women in Film Is website — Women in Film is an L.A. organization that also has a Palm Springs chapter. Those in the film industry use the Palm Springs chapter of Women in Film as a resource when considering the Coachella Valley for film opportunities. A banner ad would help La Quinta stand out as a location on their website, and local Women in Film leaders would be advocates for La Quinta as a film location (president of the local Women in Film is Denise Dubarry-Hay, who also heads up Thane International, located in La Quinta). Associated Costs: $4,000 for annual banner ad TOTAL FOR ALL STRATEGIES: $242,800 Attachment 3 CONTRACT FOR SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and KINER COMMUNICATIONS (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 marketing, advertising, promotion, communication, and public relations as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor acknowledges that the Scope of Services includes certain, but not all, services set forth in the adopted City of La Quinta Marketing Plan for Fiscal Year 2006-07 prepared by Contractor. 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 or 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 such 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 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 performed, (b) it has investigated the site of the work and fully acquainted itself 1119 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 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" included in Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of Exhibit "A" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Three Hundred Thirty -Three Thousand Dollars ($333,000) plus any expanded marketing options approved by City Council to be included in this Contract (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, 150 2 payment in accordance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified in Exhibit "A", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "B"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor 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 the "Schedule of Performance" attached hereto as Exhibit "C" and incorporated herein by this reference. 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 (Exhibit "C") 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 embargos, 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 Contracting Officer in writing of the causes of the delay. The Contracting 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 _ 4 15) -I 3 judgment such delay is justified, and the Contracting 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 from July 1, 2006 to June 30, 2007. 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. Scott Kiner, Principal b. Andrea Carter, Vice President/Account Manager It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial 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 Contract Officer. The Contract Officer shall be the Assistant City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that 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 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. 4 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: Contract Sum Less than $50,000 $50,000 $300,000 Over $300,000 Coverage (personal injury/ property damage) $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $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 directly 3 5 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. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the 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 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. Contractor shall defend, indemnify and hold harmless 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, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by 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, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. 51, 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: 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. Quarterly Reports shall be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on or about the following dates: September 15, 2006; December 15, 2006; March 15, 2007; and June 15, 2007. 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. 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the 155 7 exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the 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 Contractor 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, 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. 1,156 8 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. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. -7'7 6 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; 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. While under contract with City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes without the prior written approval of City. 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 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 10 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 La Quinta, California 92253 P.O. Box 1504 La Quinta, California 92247-1504 Attention: Michael O'Connor, Assistant City Manager To Contractor: Kiner Communications 73-101 Highway 1 1 1, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner, Principal 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. 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. 11 CITY OF LA QUINTA, a California municipal corporation Dated: By: ATTEST: JUNE GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: THOMAS P. GENOVESE, City Manager "CITY" KINER COMMUNICATIONS Name: Title: "CONTRACTOR" 12 EXHIBIT "A" SCOPE OF SERVICES Kiner Communications is pleased to offer its services as a marketing partner/contractor for the 2006-07 Fiscal Year. As part of this contract, we are committed to providing the very best in marketing services to the City of La Quinta - which includes public relations services, fresh and creative artwork and new strategies for communicating effectively with the City of La Quinta's target markets. Kiner Communications is committed to identifying public relations stories that will offer the City the best opportunities for positive media coverage. Kiner Communications will generate press releases on important City news, events, and programs. Kiner Communications will also distribute periodic announcements and updates prepared by City staff to our comprehensive and continually -updated media list. Kiner Communications will provide quarterly reports to the City Council, sharing marketing strategies executed and an update on all marketing activity, in general. As your marketing contractor, Kiner Communications shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at least forty (40) account service hours per month to include: *Full responsibility for all aspects of project management and implementation of those tasks and marketing items listed in the adopted City Marketing Plan that are the responsibility of Kiner Communications, including, but not limited to: o Generating 2-3 press releases per month o Distributing periodic City announcements prepared by City staff o Assisting in PR campaign for the City's 25th Anniversary festivities, as directed by the 25th Anniversary Committee o Producing new TV spots focusing on factoids about the City, using the umbrella theme of the 25" Anniversary o Researching and placing Orange County/Los Angeles and San Diego media for :30 second "Stay & Play" television spot o Coordinating copy and photography of 2006 Palm Springs Life Advertorial o Producing and mailing of four quarterly City Report newsletters 13 o Coordinating and creating new ad for Bob Hope Chrysler Classic program ad o Creating a radio and print campaign locally to focus on Shop/Dine La Quinta with the 25'h Anniversary as underlying theme o Coordinating 2008 calendar production - including photography, design, printing, and mailing o Completing production of 2007 calendar production - including photography, design, printing, and mailing (carry-over) o Overseeing ICSC ad creation and media placement o Implementing marketing for various Community Services events; such as the City Picnic, 25`h Anniversary logo, and any other appropriate 25'h Anniversary event promotions as directed by the 25'h Anniversary Committee o Promoting the City's new website (once designed) using the 25'h Anniversary milestone to launch it o Coordinating the redesign of the City's pages in The Gem newsletter (carry-over) . Additional Scope of Services Options per Expanded Marketing Program (for consideration): o Coordinating copy and photography advertorial in the September hard- bound issue of Palm Springs Life that is placed in more than 15,000 hotel rooms across the Valley throughout the next year o Contracting and coordinating design of a billboard in the Pass area, facing west (if one should become available) o Researching and placing advertising in in-flight magazines such as SkyWest and Alaska Airlines o Contracting and coordinating design of display advertising in the baggage claim area of the Palm Springs International Airport o Creating and placing media for "Stay & Play in La Quinta" themed ads in publications such as the L.A. Times, L.A. Confidential, Wall Street Journal - Southern California edition and San Diego magazine o Placing and coordinating design of a banner ad on the local chapter of Women in Film's website Project management and implementation responsibilities include, but are not limited to: *Basic account services *Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every month, and weekly updates via 14 telephone or e-mail on the alternate weeks *Strategic planning * Budgeting *Investigating and implementing public relations opportunities *Media relations *Media placement * Research *Production management *Preparing local press releases *Tracking of account services hours *Completion of quarterly reports to include all work items completed during the month, as well as a list of account service hours and associated tasks/work completed *Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer *Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City *Coordination with the media, businesses, restaurants, retailers, builders, financial institutions, developers, regional airports and the La Quinta Chamber of Commerce 15 EXHIBIT "B" SCHEDULE OF COMPENSATION Compensation shall be billed on a monthly basis with payment to be received within 30 days of receipt by the City. Those projects requiring deposits will be considered by the Contract Officer, and processed upon prior approval. Kiner Communications proposes to complete the tasks described in Exhibit A, on a not -to -exceed project basis, as detailed below: MARKETING — TELEVISION $90,000 Splash! Spot broadcast in Orange County/San Diego Factoid TV, Broadcast in the Coachella Valley Production of ten 15-second "Factoid" spots MARKETING — PRINT & RADIO $78,500 Media & production for Stay/Play ads in L.A. Times Media & production for Shop/Dine ads (Desert Sun, LQ) Media & production for Shop/Dine radio ads CITY COMMUNICATIONS VEHICLES $107,000 City Report (design, printing & mailing 4x per year) City Calendar (design, printing and mailing) Palm Springs Life advertorial (October cities progress issue) Community Services promotions (winter & spring postcards) 25th Anniversary logo LOCAL EVENT ADVERTISING $9,500 ICSC program ad production & media Bob Hope Classic program guide production & media MARKETING RETAINER $48,000 Monthly $4,000 retainer ORIGINAL BUDGET PROPOSAL $333,000 16 EXPANDED MARKETING OPTIONS PALM SPRINGS LIFE — SEPTEMBER ISSUE $13,100 Advertorial in hardbound issue (at 15,000 hotels) 1-10 BILLBOARD — PASS AREA EASTBOUND $69,000 One billboard, 12-month contract (based on availability) IN-FLIGHT PUBLICATIONS $38,000 Ads in SkyWest and Alaska Airlines magazines (possible co-ops) PALM SPRINGS AIRPORT DISPLAY $9,700 Baggage claim display SOUTHERN CALIFORNIA MARKET — PRINT CAMPAIGN $109,000 Ads in lifestyle publications such as: Orange Coast magazine L.A. Confidential San Diego magazine Wall Street Journal -Southern California edition PALM SPRINGS CHAPTER OF WOMEN IN FILM $4,000 Website banner ad EXPANDED MARKETING BUDGET PROPOSAL $242,800 TOTAL CONTRACT AMOUNT— NOT TO EXCEED $575,800 17 EXHIBIT "C" SCHEDULE OF PERFORMANCE All work shall be performed in accordance with the Scope of Services and Professional Services Contract with the work to be completed by June 30, 2007. r t i 18 C&hf °t 44ulnra COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Consideration of Resolutions Submitting a Ballot Measure to the Voters at the November 7, 2006 General Municipal Election to Validate, Re-enact and Approve the Existing Transient Occupancy Tax Rate and Definition of Group Hotels RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution ordering that the ballot measure ordinance be placed on the November 7, 2006 ballot and ordering the City Attorney to prepare an impartial analysis, and a resolution setting priorities for the filing of written arguments and providing for the filing of rebuttal arguments for City ballot measures FISCAL IMPLICATIONS: Funds for this election would be included in the cost of the General Municipal Election previously called by the City Council in City Council Resolution No. 2006-043. BACKGROUND AND OVERVIEW: On May 2, 2006, the City Council adopted Resolution No. 2006-043 calling a General Municipal Election on November 7, 2006 for the purpose of electing members of the City Council. At that time the City Council also adopted Resolution No. 2006-044 requesting that the Riverside County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election to be held on that same date. A resolution to place a ballot measure ordinance on the November 7, 2006 General Municipal Election ballot is included with this report. This proposed ballot measure ordinance asks the voters to validate, re-enact and approve the existing transient occupancy tax (1 1 % for group hotels and 10% for all other hotels) contained in the first sentence of Municipal Code Section 3.24.030, which was adopted in September of 1992 pursuant to City Ordinance No. '21 1. The proposed ballot measure does not raise the existing transient occupancy tax rate, which will remain the same as enacted by Ordinance No. 211. Additionally, the proposed ballot measure ordinance would ask voters to validate, re-enact and approve the definition of "Group Hotels" contained in Municipal Code Section 3.24.020.1, which was adopted in Ordinance No. 211. The reason for this proposal is that recent case law has established the need at this time to seek voter approval of this local general tax. No other matters pertaining to the City's Transient Occupancy Tax Ordinance are subject to the proposed ballot measure ordinance. Elections Code Section 9222 and Government Code Section 53724 permit the City Council to submit measures to the voters. The measure must be voted on "at any succeeding regular or special City election" and shall be held not less than 88 days after the date of the order of election. If the ordinance receives "a majority of the votes cast on it at the election, the ordinance shall be ... enacted." Pursuant to the Elections Code, August 11, 2006 is the last day to place a ballot measure on the November 7, 2006 ballot. As required by state law, the resolution ordering that the ballot measure be placed on the ballot also directs the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall not exceed 500 words in length. The impartial analysis must be provided to the City Clerk no later than August 22, 2006. Staff is also submitting a companion resolution that (i) establishes priorities for filing written arguments for and against the proposed transient occupancy tax measure and (ii) provides for the filing of rebuttal arguments, as provided by the Elections Code. The City Clerk will set the deadline for submittal of arguments for or against a measure and rebuttal arguments, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election. (Elec. Code § 9286.) Direct arguments may not exceed 300 words in length. Rebuttal arguments are limited to 250 words in length. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Resolution No. , ordering that the ballot measure ordinance be placed on the November 7, 2006 ballot and ordering the City Attorney to prepare an impartial analysis, and Resolution No. 2006- , setting priorities for the filing of written arguments and providing for the filing of rebuttal arguments for City ballot measures; or 2. Do not adopt the resolutions; or E 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 3 1tia RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A CERTAIN MEASURE VALIDATING, RE-ENACTING AND APPROVING THE CITY'S TRANSIENT OCCUPANCY TAX RATE AND THE DEFINITION OF GROUP HOTELS, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, AS CALLED AND CONSOLIDATED BY RESOLUTION NOS. 2006-043 AND 2006-004 AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, a General Municipal Election on Tuesday, November 7, 2006 has been called by Resolution No. 2006-043, and whereas the City also requested that the Board of Supervisors of the County of Riverside consolidate such election with the Statewide General Election to be held the same date pursuant to Resolution No. 2006-044; and WHEREAS, the City Council also desires to submit to the voters at the November 7, 2006 General Municipal Election a question relating to Transient Occupancy Tax pursuant to Government Code sections 53723, 53724 and Elections Code section 9222. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1: The validation and re-enactment or approval of certain provisions of the City's Transient Occupancy Tax are hereby proposed pursuant to Government Code Section 53724(a) in the form and at the rates stated in i iF i. 5a'frV Ordinance No. which is attached hereto as Exhibit "A" and incorporated herein by this reference. The type of tax, the rate of the tax, and the method of its collection are stated in Ordinance No. „ i�1 This proposal shall be presented to the voters of the City at the November 7, 2006 General Municipal Election. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on November 7, 2006 the following question: 2156/015610-0002 . 722323.02 a06/30/06 J City Council Resolution 2006- Re-enactment of Transient Occupancy Tax Adopted: July 5, 2006 Page 2 Shall Ordinance No. be adopted to validate, YES re-enact, and approve the existing transient occupancy tax rate of 11 % for group hotels and 10% for all other hotels, as such rates are established by the first sentence of Municipal NO Code Section 3.24.030 and as group hotels are defined in Municipal Code Section 3.24.020.1, which provisions were passed in September of 1992 in Ordinance No. 211 ? Section 3: That the complete text of the proposed measure (Ordinance No. ° ' submitted to the voters is attached as Exhibit "A." Section 4: That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 5: That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6: That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7: Pursuant to Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days of the adoption of this Resolution. Section 8: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2006, by the following vote to wit: AYES: 2156/015610-0002 171 722323.02 a06/30/06 City Council Resolution 2006 Re-enactment of Transient Occupancy Tax Adopted: July 5, 2006 Page 3 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 2156/015610-0002 722323.02 a06/30/06 City Council Resolution 2006- Re-enactment of Transient Occupancy Tax Adopted: July 5, 2006 Page 4 Exhibit "A" Transient Occupancy Tax Ballot Measure for November 7, 2006 Election 2156/015610-0002 722323.02 a06/30/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, a General Municipal Election is to be held in the City of La Quinta, California on November 7, 2006, at which time there will be submitted to the voters the following measure: Shall Ordinance No. be adopted to validate, YES re-enact, and approve the existing transient occupancy tax rate of 11 % for group hotels and 10% for all other hotels, as such rates are established by the first sentence of Municipal NO Code Section 3.24.030 and as group hotels are defined in Municipal Code Section 3.24.020.1, which provisions were passed in September of 1992 in Ordinance No. 211 ? WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1: That the City Council authorizes all members of the City Council to file (a) written argument(s) In Favor or Against City measures, accompanied by the printed name(s) and signature(s) of the author(s) submitting it; or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument; or if submitted by an individual voter or any combination of voters who is/are eligible to vote on the measure, the printed name and signature of each individual, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. 2156/015610-0002 722385.02 a06/30/06 City Council Resolution 2006- City Measures Submitted at Municipal Elections Adopted: July 5, 2006 Page 2 SECTION 2: That per the Elections Code of the State of California, no argument shall exceed three hundred (300) words in length and shall not have more than five signatures. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 3: That the City Clerk is directed to fix and determine a reasonable date prior to the election after which no arguments for or against the City measure may be submitted for printing and distribution to the voters. If more than one argument for or against the City measure is submitted to the City Clerk, the City Clerk shall select one of the arguments for printing and distribution to the voters, according to the following preference and priority, in the order named: the City Council, or member or members of the City Council; a bona fide association of citizens; individual voters who are eligible to vote on the City measures. SECTION 4: That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which shall be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copes of the argument against to the authors of the argument in favor immediately upon receiving the arguments. The author or a majority of the authors of an argument may prepare and submit rebuttal arguments not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signatures(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten (10) days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. A rebuttal argument may not be signed by more than five individuals. SECTION 5: That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 6: That the provisions of Section 1 shall apply only to the election to be held on November 7, 2006, and shall then be repealed. SECTION 7: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book or original Resolutions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2006, by the following vote to wit: AYES: 2156/015610-0002 722385.02 a06/30/06 -2- City Council Resolution 2006- City Measures Submitted at Municipal Elections Adopted: July 5, 2006 Page 3 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 2156/015610-0002 176 722385.02 a06/30/06 -3- ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, VALIDATING, RE-ENACTING AND APPROVING THE CITY'S TRANSIENT OCCUPANCY TAX RATE AND THE DEFINITION OF GROUP HOTELS THE PEOPLE OF THE CITY OF LA QUINTA, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The People of the City of La Quinta, California, find as follows: (a) In September of 1992, the La Quinta City Council adopted Ordinance No. 211. Section 1 of Ordinance No. 211 amended the first sentence of Municipal Code Section 3.24.030 to increase the rate of the Transient Occupancy Tax to 11 % from 10% for certain group hotels and to maintain the established Transient Occupancy Tax at 10% for all other hotels. Section 2 of Ordinance No. 211 amended Section 3.24.020 (the definitional section of the Transient Occupancy Tax Ordinance) to add Subsection I, which is a definition for "Group Hotels." No other provisions in Municipal Code Sections 3.24.020, 3.24.030 or in Municipal Code Chapter 3.24 (the City's Transient Occupancy Tax Ordinance) were amended by Ordinance •No. 211. (b) As adopted in Section 1 of Ordinance No. 211, the first sentence of Municipal Code Section 3.24.030 was amended to read: "For the privilege of occupancy in any Group Hotel or Hotel, each transient is subject to, and shall pay a tax in the amount of eleven 01) percent of the rent charged by the operator or otherwise payable by the transient for Group Hotels and ten percent (10%) for all other Hotel occupancy." As adopted in Section 2 of Ordinance No. 211, Subsection I of Municipal Code Section 3.24.020 was added to read: "'Group Hotel' means any Hotel which has each of the following characteristics: (i) one hundred twenty-five (125) or more rooms; (ii) group meeting space to accommodate fifty (50) or more people; (iii) an on -site sales effort that solicits and/or serves group meetings." (c) In 1986, the State's voters approved Proposition 62 to require voter approval of local general taxes. The City Council did not seek voter approval of Ordinance No. 211 because a number of appeals courts, including the court which ruled in the case of the City of Woodlake v. Logan, had previously decided that Proposition 62's requirement that general taxes be submitted to a referendum violated the California Constitution and was therefore unenforceable. On December 14, 1995, the California Supreme Court disapproved the Woodlake decision in the case of Santa Clara County Local Transportation Authority v. Guardino. Subsequently, that Court decided Howard Jarvis Taxpayers Association v. City of 2156/015610-0002 177 722306.02 a06/30/06 Ordinance No. Adopted: Page _ La Habra, which further suggested that the City should seek voter approval of certain provisions in Ordinance No. 211. The City Council thereafter has proposed this Ordinance to the voters to validate, re-enact and approve the first sentence in Municipal Code Section 3.24.030, as amended by Ordinance No. 211, and Section 2 of Ordinance No. 211, which added Subsection I to Section 3.24.020 of the Municipal Code. SECTION 2. Validation and Re -Enactment of Certain Provisions in Existing Ordinance. The first sentence in Municipal Code Section 3.24.030, as amended by Ordinance No. 211, and Subsection I of Municipal Code Section 3.24.020, as added by Section 2 of Ordinance No. 211, are hereby validated and re-enacted or approved. The full text of these provisions is contained in Section 1, Finding "(b)" above. SECTION 3. Intent. The intent of Section 2 of this Ordinance is to authorize the continued collection of the Transient Occupancy Tax at the rates established in Ordinance No. 211's amendment to the first sentence of Municipal Code Section 3.24.030, to validate the adoption of that tax rate, to validate taxes previously collected pursuant to Municipal Code Section 3.24.030, and to re-enact the first sentence in Municipal Code Section 3.24.030, as amended by Ordinance No. 211, to authorize the future collection of the tax at the rates established in such sentence. It is the further intent of Section 2 of this Ordinance to validate and re-enact Subsection I of Municipal Code Section 3.24.020, as added by Section 2 of Ordinance No. 211. SECTION 4: Effect of this Ordinance. Other than the first sentence of Municipal Code Section 3.24.030 and Subsection I of Municipal Code Section 3.24.020, this Ordinance does not affect any other provisions in Municipal Code Chapter No. 3.24. SECTION 5: Severability. If any section, subsection, sentence, clause phrase or portion of this Ordinance, or any section, subsection, sentence, clause phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, is for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this Ordinance and Ordinance No. 211 shall nonetheless remain in full force and effect. The People of the City of La Quinta, California, hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, and each section, subsection, sentence, clause phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance, and Ordinance No. 211 that are validated or re-enacted by this Ordinance, be declared invalid or unenforceable. 2156/015610-0002 722306.02 a06/30/06 -2- Ordinance No. Adopted: Page SECTION 6. Effective Date. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council. SECTION 7. Codification. Upon the Effective Date of this Ordinance, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. SECTION 8. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City of La Quinta by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED, and ADOPTED by the People of the City of La Quinta, California, voting on the 7th day of November, 2006. DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ,w 3 2156/015610-0002 722306.02 a06/30/06 -3- REPORT/INFORMATIONAL ITEM: COMMUNITY SERVICES COMMISSION MINUTES June 12, 2006 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:02 p.m. in the Study Session room at the La Quinta Civic Center. Chairperson St. Johns presided over the meeting and Commissioner Weber led the Pledge of Allegiance. MEMBERS PRESENT: Chairperson Victoria St. Johns Commissioner Ed Hackney Commissioner Mark Weber Commissioner Andrea Gassman Commissioner Bob Leidner STAFF PRESENT: Edie Hylton, Community Services Director Carie Diaz, Community Services Secretary Jean Wilson, Office Assistant Robert Ambriz, Jr., Recreation Supervisor Steve Howlett, Golf and Parks Manager GUESTS PRESENT: Robert Sylk, New Commissioner Robert Mann, Vector Control II. PUBLIC COMMENT - None. 111. CONFIRMATION OF AGENDA — It was moved and seconded by Chairperson St. Johns/Commissioner Hackney to accept the agenda as presented. Motion carried unanimously. IV. CONSENT CALENDAR Community Services Commission Z Minutes _ June 12, 2006 A. Approval of May 8, 2006 minutes. Commissioner Weber noted a typo on page 2 which read "ASA" versus "ASP." Commissioner Leidner noted page 1 read "Chairperson" versus "Commissioner," and on page 3 the word "overly used" should have read "heavily used." B. Monthly Department Report for April, 2006. Commissioner Gassman stated that we didn't advertise the Marine Corps Band enough and suggested that we put flyers at local stores and businesses. Commissioner Leidner noted on page 9 wrong variance for the Adult Soccer League. Commissioner Hackney suggested we do a year-to- year budget rather than month -to -month and suggested we look at the budget for a longer period of time to see if programs are appropriate. Commissioner Leidner asked what types of groups were renting the Senior Center and Library. Staff stated that residents and non-residents are using the rooms for wedding receptions, parties, and classes. Commissioner Gassman asked about fees developers pay for the art fund and if we are keeping a fraction. Director Hylton stated that the City was still getting APP fees. Commissioner Gassman asked to see funding for the program. Motion - It was moved and seconded by Chairperson St. Johns/ Commissioner Hackney to approve the minutes and monthly report. Motion carried unanimously. V. PUBLIC HEARING A. Coachella Valley Vector Control- Presentation Guest speaker Robert Mann gave a presentation on Coachella Valley mosquitoes, red fire ants, rodent surveillance, and the West Nile virus. Mr. Mann gave a brief history of the district. He explained that rodents and insects can transmit diseases to humans such as the West Nile virus and there is a vaccine being tested for this virus. La Quinta has a problem with red imported fire ants; there is currently a fire ant program available. Desert pup fish are used to control mosquitoes and are distributed to the community free of cost. Murine Typhus virus is passed from field mice and suggested cleaning for outdoors is to wet down surfaces first and use ammonia. Commissioner Leidner asked Mr. Mann what we are doing about the bird flu. 131 Community Services Commission 3 Minutes June 12, 2006 Vector Control is working with the California Department of Health Services as they are the lead agent. Mr. Mann suggested that Vector Control give mosquito packets for movies in the park which will be given free of charge. Commissioner Hackney asked if Mr. Mann would give a presentation to the Senior Center and also give products to the seniors. Mr. Mann stated that he gave three presentations to the Senior Center and has also presented at health fairs and where he provides supplies free of charge. VI. BUSINESS ITEMS A. 25th Anniversary Committee Director Hylton let the Commissioners know that the City Council has approved preparations for the 25th Anniversary celebration, and will be budgeting in the Fiscal Year 06-07 budget for both promotional materials and advertising as well as for event planning. Director Hylton stated that we need to appoint two Commissioners to the 25th Anniversary committee. Commissioners Gassman and Leidner volunteered. Motion - It was moved and seconded by Chairperson St. Johns/ Commissioner Weber to appoint Commissioners Gassman and Leidner to the 25" Anniversary committee. Motion carried unanimously. B. Park Maintenance Program Golf and Parks Manager, Steve Howlett, gave a brief background on how the parks were maintained. Mr. Howlett reviewed the Park Management Plan with the Commissioners and discussed specific plans for the La Quinta Park. There was concern for high incidences of vandalism at the La Quinta Park. Commissioner Weber asked if we are working with police. Director Hylton confirmed this. Staff explained that there needs to be no activity on the fields because of hydro sprig. Commissioner Leidner suggested we put signs around the area so that residents know what's going on. Commissioner Weber suggested that our park users should have information to help them become advocates of what we are trying to accomplish at the parks, and also suggested that Community Services Commission 4 Minutes June 1 staff go to the AYSO coach's meeting to speak about the park renovations. Staff currently attends these meetings. C. August Meeting Date Motion — It was moved and seconded by Chairperson St. Johns/ Commissioner Leidner not to go dark in August. Motion carried unanimously. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Calendar of Monthly Events B. Community Services Work plan VIII. COMMISSIONER ITEMS Commissioner Gassman suggested that we should be very selective of the movies for the Open Air Cinema; she also noted that "Back to the Future" used some profanity. Commissioner Leidner suggested that only G rated films be shown. Commissioner Weber suggested having the screen face towards the traffic for more participation, selling popcorn, water and other healthy snacks. Commissioner Leidner suggested finding a vendor. Director Hylton added information about a "healthy children' program included in the packet. Chairperson St. Johns discussed information on substance abuse, churches feeding homeless people, My Space having a site called Rotten Eggs for vandalism in cities, and Trojan horses turning on webcams in homes and looking at children without them knowing. Commissioner Weber suggested the City of La Quinta have maps of the City showing hiking and biking trails and that it be distributed at City Hall. Chairperson St. Johns and Commissioner Weber went to an ASP meeting last month and had good suggestions from the youth. Commissioner Weber suggested that we continue to obtain information from La Quinta youth and that we seek them out. The comments from the meeting will be in the next packet. IX. ADJOURNMENT 133 Community Services Commission 5 Minutes June 1 It was moved by Commissioner Gassman/Chairperson St. Johns to adjourn the Community Services Commission meeting at 9:05 p.m. Motion carried unanimously. NEXT MEETING INFORMATION Monday, July 10, 2006 @ 7:00 PM La Quinta Civic Center - Study Session Room Submitted by: .9 Carie Diaz, Co6imu' ni ervices Secretary 194 REPORT/INFORMATIONAL ITEM: I ! INVESTMENT ADVISORY BOARD Meeting May 10, 2006 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:35 P.M. by Vice Chairman Olander, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, and Egbert ABSENT: Board Members Deniel and Rassi OTHERS PRESENT: Louise West, Accounting Manager and Therese Vella-Finorio, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA— (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR A. Approval of Minutes of Meeting on April 12, 2006 for the Investment Advisory Board. Board Member Egbert stated that page four, first sentence should read: amount that will be used is the dellar percentage amount under the Treasurer's direction Board Member Egbert asked for clarification on page six as to why Mr. Falconer no longer intended to use the bank, was this due to clerical error or is he just adding three additional broker/dealers for bond proceeds. MOTION - It was moved by Board Members Moulin/Egbertl to approve the Minutes of April 12, 2006, 2006 as amended. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for March 2006 Board Member Olander commented (referencing the Treasurer's Commentary), that this was a big step forward for the Treasurer and the comments were very impressive. Board Member Egbert concurred. 135 Investment Advisory Board Minutes May 10, 2006 Board Member Egbert attended the CMTA Conference and at the conference a presentation was given by the 12t" Fed District Economist and it was expected that the Feds would have a 0.25% increase and eluded that an additional increase would take place in the near term. Upon reading a current article in the Press Report the increase could be delayed until fall. Mrs. West informed the Board that page 6 of the Treasurer's Report reflects the rollover of investments at a higher yield than previously purchased. Board Member Egbert informed the Board that while at the conference he attended a meeting hosted by LAIF and felt very comfortable with their investment philosophy and the individual who is responsible for investments and operations. Board Member Egbert also informed the Board that he met with approximately 15 of the 20 vendors at the conference. One of the vendors is trying to emerge as an alternative to LAIF and will distribute their data at the next scheduled meeting when all Board members are back. The vendor will not have the State's backing and the State will not stand behind any loses they might incur. The vendor is currently involved in the drafting of a legislation that will provide this to them and in the future the State might have two entities that will provide LAIF like services. General discussion was ensued by the Board regarding LAIF. Board Member Egbert formally stated that he was thankful to the City for allowing him to attend the conference and expressed his interest in attending the upcoming LAIF Conference. MOTION It was moved by Board Members Moulin/Egbert to approve, receive and file the Treasury Report for March 2006. Motion carried unanimously. B. Continued Consideration of Fiscal Year 2006/07 Investment Policies & Work Plan Items Board Member Olander expressed his concerns regarding the accounting issues for FNMA. FNMA's last audited financial statements date back to 2001 and they have had nothing reliable for the last six years. Board Member Olander stated that we have substantial items in our portfolio. It puts all of us on notice as we have substantial exposure. Any fall out from any further problems could create problems for the GSE's. There is nothing that can be done at this moment but it would be likely to be like the problem of the S & L's of 10 to 15 years ago. Board Member Olander expressed his reservations for GSE's. 21 �'131 8 Investment Advisory Board Minutes May 10, 2006 Board Member Egbert stated he would be in favor of changing the investment policy to add a new statistic to be monitored that would be a direct investment through GSE's and indirect through LAIF, to monitor investment dollars and percentages from a discussion stand point. Board Member Moulin concurred, but stated that this would not be a change to the policy. MOTION - It was moved by Board Members Moulin/Egbert to continue the review of the Fiscal 2006/07 Investment Policies. Motion carried unanimously. Continued Consideration of Request for City Council to Release Request for Proposal for Portfolio (RFP) for Investment Management Services Board Member Egbert stated that the two letters submitted should have been labeled as the Treasurer's revision or if it was a combination of his letter and Board Member Deniel's. MOTION - It was moved by Board Members Egbert/Moulin to continue the consideration of Request for Cit Council to Release Request for Proposal for Portfolio (RFP) for Investment Management Services. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report —April 2006 Ms. West stated at the previous month's meeting Mr. Falconer informed the Board about the implementation of a sweep account with a 4% interest for the account. Board Member Egbert asked the Board if the sweep account should be monitored, sweep account income vs. pay for services and is there a way to calculate what other alternative costs would be. Ms. West stated that the City receives an analysis report each month, but did not see it on the report due to the fact this was the first month the City implemented the sweep account. Board Member Olander suggested that Mr. Falconer possibly clarify this at the next scheduled meeting. Noted and Filed B . Pooled Money Investment Board Reports — February 2006 Noted and Filed 137 Investment Advisory Board May 10, 2006 Minutes C. Commission Recruitment Board Member Egbert stated in reference to draft ad forthe City Clerk, Board Member Egbert stated that he had received comments from Board Members Deniel and Moulin. Board Member Egbert shared with the Board that he was a bit surprised to see that the ad had already been published as he had not given Mr. Falconer the final version of the Board's draft. He was told that it was the City Clerk's responsibility to publish the ad, which she did, but unfortunately the ad did not contain the Board's suggested changes to the ad. Board Member Moulin stated that the changes could be made before it is published again, however, Ms. West informed the Board that the ad will only appear once in the paper. Board Member Moulin asked that the changes be made to reflect "Knowledge" should not be capitalized, and posses should be spelled as "possesses." It was agreed by the Board to accept the draft that appeared in the paper but with the two corrections to be made to the document. Board Member Moulin stated that Board Member Deniel indicated there are three vacancies to fill in June, but he believes there are only two. Board Member Egbert asked for clarification on terms of service as he received the application from the City Clerk stating he has two weeks to reapply. Board Member Egbert asked if he would need to reapply, or if his commission has not expired yet. He is not clear as to whether or not his commission ends on June 30th. Board Member Moulin said that it would be better to have two vacancies filled in a given year not three. Board Member Moulin had called Mr. Falconer to ask if that was the case and Mr. Falconer said that we are required to fill the vacancy of the person that left. Board Member Olander will follow up with Mr. Falconer for clarification. Board Member Olander also asked that the list of commissioners be updated to show the correct e-mail addresses for Board Members Olander and Rassi. Noted and Filed D. Update on California Municipal Treasurers Association Conference Board Member Egbert stated that since Board Member Deniel and Mr. Falconer were not in attendance for this month's meeting, he did not bring the entire presentation regarding the CMTA Conference, he would like to provide a complete set of the 8 to 9 sessions for the Board that he attended. He will provide a complete packet for each Board member at the next scheduled meeting. 14s Investment Advisory Board Minutes May 10, 2006 Board Member Egbert stated that he could not attend all of the sessions due to the fact that they ran concurrent. General discussion ensued amongst the Board regarding the conference. Noted and Filed VIII BOARD MEMBER ITEMS Board Member Moulin stated that he will get clarification of the terms of service. Board Member Egbert asked if the City employed someone to listen to the tapes of the Boards and Commissions for comments or things of importance. Staff replied that the City does not. IX Adjournment MOTION - It was moved by Board Members Moulin/Egbert to adjourn the meeting at 6:35 p.m. Motion carried unanimously. SubmittecrM Vianka Orrantia, Secretary 139 Department Report: -A 0 `� f GGft�GtJ �y 1A� of T1 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager 6 DATE: July 5, 2006 SUBJECT:, Department Report - Response to Public Comment The following public comments were made at the June 20, 2006, City Council meeting: 1. Myron and Joanna Mintz, 803 Weiskopf, La Quinta, spoke regarding a June 7 letter to the PGA West residents stating KSL will build on the 2.5 acre site in PGA West (formerly known as the Schaeffer parcel). They requested that the City not allow the road to be built at that location. 2. Joe Broido, 77-510 Calle Nogales, La Quinta, asked how he might get a copy of the preliminary budget. He suggested the budget and the agenda staff reports be placed in both the City Library and on the Website. Secondly, Mr. Broido commented the City should look into employing full-time. in-house counsel rather than a consultant. 3. Chris Romero, 50-051 Balboa, Coachella, RSVP Retired Senior Volunteer Program. Ms. Romero presented an honorary check of $94,928 to the Council which symbolized the gift of 94 individuals who have given 5,409 volunteer hours to the community by their services. She thanked the City of La Quinta on behalf of the RSVP organization. DEPARTMENT REPORT: I- 5 TO: Honorable Mayor and Members of the City Council FROM: Michael O'Connor, Assistant City Manager DATE: July 5, 2006 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the final Quarterly Marketing Report for Fiscal Year 2005/06 is attached. r K€ n e r C o m m u n i c a t i o n s Quarterly Marketing Report ADVERTISING MARKETING •PUBLIC RELATIONS Fourth Quarter of Fiscal Year 2005-06 Kiner Communications Marketing Plan for City of La Quinta COMPLETED: Spring Newsletter — Spring edition of the City Report was printed and mailed slightly ahead of schedule, going out the third week of April. (See attached) Business. Recruitment Marketing Campaign — Final phase of this program was implemented, and economic development packets with customized letters were sent out to each of the 51 businesses on the Business Wish List. Research was conducted on the businesses to determine who the appropriate contact was for expansion decisions, and to learn more about their site locating policies and practices. The letter was signed by Michael O'Connor, so interested businesses will contact him to learn more about business opportunities in La Quinta. Residents' top picks for new businesses will be published in the next City Report. (See sample letter to businesses attached) Spring Postcard — Produced the annual Spring Postcard, which was sent to all residents announcing Community Services' springtime events — such as the City Picnic and Egg Hunt. (See attached) Public Relations — Prepared and/or distributed press releases for various City issues. Attached report details media coverage, clippings and press releases. (See attached) 2006-07 Marketing Plan — Prepared and finalized 2006-07 Marketing Plan. Researched additional marketing strategies and made recommendations for an expanded marketing program. - more - 73-101 Highway 111, Suite 4 Palm Desert, California 92260 tel:760.773.029gy r) fax:760.773.i75� www.kinercom.com IN PROGRESS: Summer Newsletter — Finalized final installment of the City Report newsletter for Fiscal Year 2005-06. The summer edition of the newsletter is currently at the printer, and is expected to go out early July. 2007 City Calendar — Worked with staff to select themes for each month of the calendar, with each month's feature related to celebrating the City's 25th Anniversary. Contracted photographer to shoot the necessary photography for the calendar, which is currently being done. Design will begin in July and should be finalized and ready for print by September. Calendars are scheduled for distribution to residents in mid to late October. Redesign of City's Pages in The Gem — Since The Gem is changing its format to include more color, we will carry over this project to the 06-07 Fiscal Year and create a better redesign product that coordinates with the new and improved Gem. 193 I a t. I T 4 S 6 Spring 2006 Season with Fun -filled City Events Spring fever is in the air, and the City of La Quinta has lots of ways to get in on some springtime fun! Nappy 24th Birthday La Quinta Join the City of La Quinta for its 24th birthday celebration at Fritz Burns Park on Saturday, April 29th from 10:00 a.m. — 1:00 p.m. Community businesses and non-profit organi- zations will be in attendance providing inter- active games and give -a -ways. Enjoy non-stop entertainment on the center stage from various performers. You will also want to visit La Quinta Rotary's hot dog booth or Windermere Real Estate's water booth to satisfy your cravings. And what would a birthday be without birthday cake? The Community Services Commission will provide birthday cake to top off the celebration. The YMCA will be opening the Fritz Bums Pool for free swimming. You will not want to miss this high energy event so, bring your family and friends to enjoy a day at the park and celebrate the City of La Quinta's birthday! More Ways to Enjoy La Quinta's Great Outdoors Explore the newly dedicated Fred Wolff Bear Creek Nature Preserve, a 19-acre natural desert preservation site with trails and access to the Santa Rosa Mountains. The Preserve is located near Avenida Montezuma and Calle Ensenada. Wolff was a 20-year resident of La Kids of all ages can soak their friends with water shooters like this one at La Quinta Park. Quinta and during that time, served on the Cityhood Incorporation Task Force that helped the City incorporate in 1982. He was the City's first Mayor and was also a Council Member for four years. Another outdoor activity to look forward to this summer involves Movies in the Park! Two movie features will be shown at La Quinta Park (Adams and Westward Ho). Look for information in the upcoming Summer Recreation Brochure. New Interactive Water Feature Makes a Splash As temperatures rise, getting wet to stay cool doesn't get more fun than the City's interactive water features within La Quinta parks. In fact, a new water feature is open at La Quinta Park, and you're invited to the grand opening on May 5th at 3:30 p.m. — including free give- aways and surprises for children. The La Quinta Park Interactive Water Feature includes a 16-foot palm tree with water -dumping coconuts, foam geysers, water canyons and water jets. You'll find it at the corner of Adams and Westward Ho. • Intertactive Water Feature Partially Funded By: SINCE tt64 194 Police Department Continues to Expand The La Quinta Police Department continues to add enhancements to increase safety for residents and businesses, including: • The Citizens On Patrol (also known as COPS) volunteer unit is made up of community members who — after being screened, background checked and trained by police — patrol the community. COPS has a new patrol vehicle (equipped with an amber light bar, radio equipment and emergency supplies), volunteer participants are being trained and initial patrol activity will begin in two to six months. • The Department welcomes its third Community Service Officer. • Two officers have successfully completed the Riverside County Sheriff's Department bicycle patrol training program held at the Ben Clark Training Center in Riverside. • Another officer has successfully completed News from SilverRock Resort SilverRock Resort is an incredible destination for golfers and non -golfers alike. Its breathtak- ing views can be enjoyed by those hitting the links, as well as non -golfers who come out to enjoy breakfast, lunch or simply a cocktail at the Grill Room. Here are a few announcements from SilverRock: Need Help with Your Game? SilverRock offers qualified PGA golf instruction for golfers of all skill and age levels. Meet one of our Assistant Professionals in the Golf Shop for more information on lessons and prices. 1 SilverRock continues to grow as a golf tournament venue. On April 20th, SilverRock hosted the inaugural Rita Hayworth Alzheimer's Golf Tournament. The event was chaired by Princess Yasmin Aga Khan, daughter of the late actress, and co-chair Roberta Klein, Alzheimer's Services the Riverside County Sheriff's Department motorcycle officers training program held at the Ben Clark Training Center in Riverside. • Currently, the La Quinta Police Department has six officers assigned to the La Quinta Traffic Enforcement Team. Traffic Team members recently completed a specialized training program on Street Racing and Enforcement. Association Advisory Council President. If your La Quinta Resident Card is expired or will be expiring soon, call the Community Services Department at 777-7090 to arrange an appointment so your card can be renewed. The new resident cards will be good for three years. Effective April 17, 2006 through June 30, 2006, golf rates changed from $55 to $45 for La Quinta Resident Card Holders. Arnold Palmer Course at SilverRock • (760) 777-8884 • www.SilverRock.org I I JL :1.� Do Your Part for the Environment: Practice Smart Recycling Using salt instead of sugar or baking powder instead of baking soda can wreak havoc on your recipes —and the same goes when you mix trash into your recycling bin. Trash or "residue" contaminates recyclable materials, turning your whole recycle bin into trash. It can also contaminate other materials if dumped into a truck meant only for recy- clables. If trash is not removed before it goes to the processing plant, it can damage expensive machinery used to sepa- rate recyclables. Be Wise with Your Waste Mixing trash in with recyclables also wastes natural resources, time, and money. So be conscientious and place disposal articles in their appropriate container. Acceptable items for the gray recycling • Pizza boxes (clean) • Egg cartons • Steel and tin cans (including food cans) • Glass bottles and jars • Tissue boxes • Laundry bottles (remove caps & lids) • Used envelopes • Wrapping paper Recycling bins are picked up on the same day as trash every week. Disposing of "Green Waste" In 1989, the State of California passed AB 939, which mandates a 50 percent diversion of landfill waste for all cities and counties. Green waste is one of the easiest materials to recycle or compost. You can order a 96-gallon green waste cart for your grass clippings, tree cuttings, plants, and any type of organic waste that grows in your yard or garden. If you live in a gated community or your gardener container include: handles your green waste, be sure they take • Aerosol cans (completely empty) it to a certified green waste recycling facility. • Newspaper/magazines You can also engage in grass -cycling, • Aluminum/beverage cans • Paper (anything that tears) or paper tubes whereby the clippings from mowed grass are • Aluminum foil (clean) wor simply left on the turf area to decompose rather • Phone books • Brochures/coupons than bagged and disposed of in your trash. • Junk mail For more information on recycling or to • Plastic bottles or jugs order bins, contact Waste Management at • Cardboard cereal boxes (remove lining) •- (760) 340-2113. Aft-P.O. Box 1504 q7La Quinta, CA 92247-1504 CONTACT US Please feel free to contact us with any questions regarding information presented in this newsletter: City of La Quinta Office of the City Manager Phone: (760) 777-7035 Email: contactus@la-quinta.org Saturday, May 6th: 9 a.m. — 12 noon (City Yard parking lot by Fritz Burns Park) Limit 3 file boxes (size of copy paper box) Accepted: Stapled & bound paper Not accepted: Metal clips, brackets, binders, cardboard, trash, hazardous waste, transparencies, food/beverages, paper towels, tissues, or glass/alu- minum/plastics Residents Only Please No Business Waste PRESORTED STANDARD U.S. POSTAGE PAID PALM DESERT, CA PERMIT NO. 149 ECRWSS Postal Patron La Quinta, CA 92253 FleetFire Department Adds New Truck In January 2006, the La Quinta Fire fires, auto accidents, trench and confined Department added an Aerial Ladder Truck to space rescues, swift -water rescues and many its fleet, commonly known as "Hook and other situations. Ladder." The new vehicle is staffed by a highly- The cost of the new vehicle is being shared via trained crew including fire fighters, an an agreement between the Cities of La Quinta, engineer and a fire captain. Indio and Coachella, as well as the County of The Aerial Ladder Truck is a "rolling tool Riverside. By sharing the cost, residents are box," carving specialized equipment used in served in a more cost effective manner. 107 E C O N O M I C June 29, 2006 Neiman-Marcus Group, Inc. One Marcus Square, 1618 Main Street Dallas, TX. 75201 Dear Steven P. Dennis: D E V E L O P M E N T We are excited to report that a recent survey reveals residents of La Quinta want a Neiman-Marcus in this fast-growing California City. Many new businesses have opened in La Quinta recently including Target, Circuit City, Stein Mart, PetSmart, Lamppost Pizza, and Trader Joe's to name a few. But there's certainly room for more! Yet what do residents want? The City solicited their input via a targeted business recruitment program, and received a strong response. A "Business Wish List" was created which included roughly 60 different shops and restaurants. Congratulations on having made the list! We invite you to consider a location in La Quinta, California. We're confident you will experience the same success you have found in other communities —especially since you are being requested by La Quinta residents. The City of La Quinta has been one of California's fastest growing cities for the last ten years. In addition to its increasing population, there are over 300,000 consumers within a 15-mile radius that shop and dine in La Quinta. With building permits at $135 million this year (through April 2006) and over $376 million last year, the City of La Quinta is a business boomtown. Don't you think it's time to stake your claim? With this in mind, please review the attached material and find out what La Quinta has to offer you and your business. La Quinta is the place to beto live, work, and play. We hope you will seriously consider this invitation and opportunity. If you have any questions, please do not hesitate to contact me at (760) 777-7035. Sincerely, Michael O'Connor o- Assistant City Manager 0 _.cn � c- �u cu -r3 a o � L7 CO Cfs cc L 0 L cc Q N o 1 30 Cl) LO N N d7 c U O co cC CL C fti � y U O M d J z � o N gco c Cyco c J ccoo cL � g co m c� co c w 3 Y y U = Q w d O m co cd N C N > co M 0 O C N °� 4) 6] C F— z L 2 E E c E asio co w co cCD o W = (D w co O CD O N R1 w N y co m U O N N = E o� co c c E Y > oC CD co c3 c �. co 3 m m U R a > o E o o h o otS n a2 c E o y x c is m C OBI «y- OJ N G 'cm c E 'O V .o _a cn T ` 0 > NCD cv >' U 7 > m cp +_�+ co O T y > NJ ¢ aci `o c o. w �{ co w w c c CD � O C co E c=O C U N Lt - LL N y c a O m o d d t cv E c° w p J 'o u° O �+ CD G y N co °� E �t L c O o �:, c� o� N caozo 3 �' � ar �' > d E cz EL a`� L L c o �. w C t c`o ~vi L .? c = I E 8 >- y •c T c� a J o y 53-:F;w- cC. co c cd :o L c E •o O r- c Z m m cc cn cI G@ a -o C n o 06 o c CD M a cc O m e O 'n " LJJ +. E a- o -• o o co a� o cca v o > t c cn � � � cc o " _ a' r �o E�� cco c000i' G oI ciMo Vow ci .. E ?- i' J ncrn W C= 6g C O L y ` CS E o o = c O ao V m o aL ppm CL y U_ co (D UN o aN" = cazF-� o E dy O N aO C Oa•'«`_ �� p p�.`J >. >.•� 3 �"C a> E dZ�Y N V cY�� O toy o� _ _ > cri cc$ m co U •� _ c Uco C 'a� oij cyi CQ ai 7Q > =Q¢ E CO :11 (nmY� o •: >: co o ca Q N L O S T co O co 67 _ , C C..i Ofooefo ao"= ��oLU E. FLU ELU UQ9dcr 7 �Oo23 � d oOo o � CL OfD o mid I = O io cc O co o �'� co oC •L c� a� co a� co a� t co 'c - W LL.�tt9Q , WcnN U. UN {L co Uu) tLw -iINE3 L.CD 3 QJ��2 �F-JHIw O. April • 04/04/06, Jefferson Street Traffic Closure: Brief in The Desert Sun and The Press Enterprise. Mentioned in KESQ 3 morning news. 04/14/06, Vista Dunes Courtyard Homes: CBS 2, Univision, The Desert Sun • 04/27/06, Interactive Water Feature i-n La Quinta Park: Feature stories in The Desert Sun and The Press Enterprise. Featured on KESQ 3 Evening News - live weather cast. June • 06/05/06, Open Air Cinema: Brief in The Desert Sun On Line on 6/07/06, Brief in The Desert Sun (06/09/06 News Across the Valley), Featured by Bruce Fessier in The Desert Sun on 06/13/06. Interview with Joey English scheduled for 06/28/06. • 06/27/06, COPS Program & Unveiling of Vehicle: Covered by The Desert Sun, The Press Enterprise, CBS 2, Univision, and KNEWS Talk Radio. K i n e r C o m m u n i c a t i o n s PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez tel: 760.773.0290 claudias@kinercom.com JEFFERSON STREET CLOSED TO THROUGH TRAFFIC The City of La Quinta takes traffic precautions in anticipation of heavy rains La Quinta, CA (April 04, 2006) — The La Quinta Stormwater Channel on Jefferson Street — from Vista Grande to Fiesta Drive —will be closed to through traffic effective Tuesday, April 4 until further notice. This closure is a precaution taken by the City due to the expected thunderstorms and heavy rains. Questions should be directed to the City of La Quinta Public Works Department at (760) 777-7075. K i n e r C o m m u n i c a t i o n s PRESS RELEASE FOR IMMEDIATE RELEASE contact: Claudia I. Suarez tel : 760.773.0290 cell: 760.567-4507 claudias@kinercom.com REDEVELOPMENT IN THE CITY OF LA QUINTA CREATES QUALITY AFFORDABLE HOUSING La Quinta, CA (April 14, 2006) -Vista Dunes Courtyard Homes, a new gated community for families of lower income levels in the City of La Quinta, will celebrate the collaborative revitalization efforts of the City's Redevelopment Agency and Community Development Department in improving the lives of their residents during a groundbreaking ceremony on Wednesday, April 19 at 10 a.m. "Vista Dunes Courtyard Homes is an outstanding example of the City's hard work to meet the affordable housing needs of its citizens," said Lee Osborne, Chairperson of the City's Redevelopment Agency. "The City and the different agencies involved have done a tremendous job building a better neighborhood and creating greater opportunities for their lower income residents." Formerly the site of an aging mobile home park which housed nearly 100 families, Vista Dunes Courtyard Homes will feature 80 energy efficient rental units ranging from one to three bedroom configurations for families and individuals of very low to lower income levels. The units will be equipped with solar panels and tankless water heaters. The redevelopment project, which has been two years in the making, was initiated by the City in response to the affordability and overcrowding challenges being faced by some of its residents. The families affected by the relocation received financial compensation for their property at fair market value, relocation benefits for up to 42 months and assistance from the City in finding a suitable homeownership program for qualifying residents. Nearly 40 percent of the families, including single mother, Angela Juarez and her two children —one of whom is disabled —were able to purchase their first home. To date, 13 families have been able to become first-time homebuyers with assistance from the City of La Quinta's Silent Second homeownership assistance program. "I am extremely grateful to City of La Quinta and the individuals involved in making my family's dream of homeownership a reality, notes Juarez. "I never imagined that the outcome of this project would benefit so many people. The City made sure that it would be a good situation for everyone involved." For more information, please call Tara Howard at (714) 541-4585 ext. 111. KinerComm unications PRESS RELEASE FOR IMMEDIATE RELEASE contact: Claudia I. Suarez tel: 760.773.0290 cell: 760.567.4507 claudias@kinercom.com THE CITY OF LA QUINTA HELPS RESIDENTS BEAT THE HEAT WITH A NEW INTERACTIVE WATER FEATURE AT THE LA QUINTA PARK La Quinta, CA (April 27, 2006) —At a ribbon cutting ceremony slated for Friday, May 5 at 3:30 p.m., high ranking city officials will kick off the new interactive water feature and playground at the La Quinta Park located at 79-120 Westward Ho Drive. The project was made possible by a cooperative financing effort between the City of La Quinta, the 2002 California Department of Parks and Recreation Resources Bond Act and the California Integrated Waste Management Board (CIWMB). "We are proud of the collaborative effort between the City and all of the agencies involved with this project," said Edie Hylton, the City's Community Services Director. "The new water feature and playground underscores the City's commitment to meet the needs of young children through necessary park recreation amenities." The 2002 California Department of Parks and Recreation Resources Bond Act contributed $220,000 to the project while CIWMB Waste Tire Playground Cover Grant of $25,000 paid for the rubberized flooring. The playground features a 16 foot tall palm tree with water dumping coconuts, foam geysers, water canons, water jets and more. The rubber material was made from recycled tires and allowed 566 waste tires to be diverted from our waste stream. The grand opening event includes free giveaways and surprises including beach balls given to all children who attend. For more information, please contact the Community Services Department at (760) 777-7090. an 6200 r:■■ ■■■ INTEGRATED WASTE MANAGEMENT BOARD About CIWMB The California Integrated Waste Management Board is the designated State agency to oversee and manage California's 76 million tons of wasted resources generated each year. They promote a sustainable environment where resources are not wasted but can be reused or recycled through measurable and innovative programs and a partnership with all of California. The Board provides grants and loans in order to help California counties, businesses and organizations meet the State's reduction, reuse and recycling goals. In addition to the many programs and incentives, the Board promotes the use of new and innovative technologies for the practice of diverting California's resources away from landfills. KinerComm unications PRESS RELEASE FOR IMMEDIATE RELEASE contact: Claudia I. Suarez tel : 760.773.0290 cell: 760.567.4507 claudiasOkinercom.com MOVIE IN THE PARK The City of La Quinta brings back the Open Air Cinema LA QUINTA, CA (June 5, 2006) - The City of La Quinta invites the public to experience the magic of Hollywood in the open air and under the stars, during the premier of the Open Air Cinema on Saturday, June 10 at 7:30 p.m. at the La Quinta Park, located on the corner of Westward Ho & Adams. Complete with a 20-foot screen and a customized outdoor cinema system, The City of La Quinta offers the perfect setting for presenting unique productions from the world of film. "We are proud to bring family orientated events to the community," notes Michael O'Connor, Assistant City Manager for The City of La Quinta. "With the Open air Cinema, we are looking to create an outdoor community experience year-round." Bring a chair, blanket, refreshments and enjoy the movie. The entire community is welcome to attend, free of charge! For more information, please call Michael O'Connor, Assistant City Manager at (760) 777-7035 or visit www.la-quinta.org. KinerComm unications PRESS RELEASE FOR IMMEDIATE RELEASE contact: Claudia I. Suarez tel : 760.773.0290 cell: 760.567.4507 claudias@kinercom.com CITY OF LA QUINTA CITIZENS COMMIT TO MAKING A DIFFERECE IN THEIR COMMUNITY La Quinta, CA (June 27, 2006) - The City of La Quinta will be honoring its Citizens on Patrol (COPS) first graduating volunteer unit with a fully customized patrol vehicle —a 2006 Dodge Durango, on Tuesday, June 27 at 9:30 a.m. The ceremony will be held at the Civic Center Campus (by the new public safety monument). Given the population increases and significant growth in the City's residential and commercial districts, the program was devised to help the City of La Quinta Police Department meet future challenges. The COPS program aims at reducing the fear of crime and minimizing the Police Department's calls for service. The volunteer unit will help tackle the City's number one crime problem -burglaries and thefts from unsecured homes and vehicles- by adding more "eyes and ears" to the Department. By utilizing a COP unit in basic tasks, volunteers are given a unique opportunity to actively assist police officers in keeping La Quinta safe. Comprised of community members who must complete the City's Citizens Police Academy, COPS is the newest part of the City's volunteer program. Applicants are trained in patrol procedures, traffic control, criminal law, and public relations. Future training will include communications, first aid, CPR and subjects that will be of assistance to the department and the community. The volunteer unit will be well equipped to ensure the safety of the community with the addition of the newly customized patrol vehicle. The patrol unit is marked with City of La Quinta decals and equipped with multiple communication devices, jumper cables, flares, traffic cones, and an air tank to assist with directing and controlling traffic and setting up the perimeters for crime scene locations. Special lights, including an amber light bar and customized lights that operate a variety of functions are also included. For enrollment and/or additional program information, please call Sergeant Jimenez at (760) 863-7962, MGJIMENE@riversidesheriff.orq or contact Chief Walt Meyer at (760) 863-8952. P � U Sandro DiSalvo, 2, getschasedby tits f0lber,"Miftim DISaIvo of Indio, during a warm Tuesday afternoon at La WotA' Park on Wistwaild Ho Drive and Adams Street in La Quinta. Coo OR -a jkJY By MARcu HoNoitt i "a nFsp)tT strm Lawrence Labayog of Like Elsinore doesn't yet live in la Quinta, but charim an you can find the future resider and his 3-year-old daughter, Paige, at 1A Quinta Pa t's new water playground. We love this park," said Ubayog, wlio's dosing on a hmne with his fatuity. "We come here all the time _ when we need to take a rest." Complete with fountains, cations -- even a showering palm true -- the water play_ ground is a new way for youngsters to beat the triple -digit summer heat. It opened May 5, but word-of-mouth has already made the playground a pop- ular family destination .-- a unique new social hub. LAbayog said he met five families there Sunday- from Orange County, Indio and i n U Quftita Los Angeles. All were moving to La Quinta, Labayog said. Community services di- rector Me Hylton said res- iddats made 14 reservations for park space during May, and 10 more reservations are already lined up for the rest of the summer. That compares to five reservations during the en- tire summer last year - -- an indication of the park's growing popularity. Opch 8 am. to 10 P.m._, thZ playground cost $385,000. The city paid just under $200,000 out of de- veloper fees and the rest came from various grant. It features a rubber floor about 50 feet in diameter, courtesy of a $16,000 grant from the California Inte- gmted Waste Managemem Board, a state agency sees_ ing to eliminate waste and pollution. U QuIda Park The parWs new war playground, only open a few weeks, has already become a popular spot In the city. moo Ave< W40*jWd 140 0*4 La Quanta Park &D -ABE D.MKI $Lry 1"PY00 The to QWO wow 000*'s Akw4, wis Mao t� Wi 410y� tl� j��,t Ser�iian � , 2atfb "It's cold. And I can squiri at my WOW' MUM, b, OF MUIf DW81 Nine -month -old Jenna WWI, of Indio, is captivated by the vAter plaVwW in La Q&ta Park. The 1,250-square-root pla3 ound features two water cannons .and water jets that spray water from a rubberized surface. COOL APPEAL La Quinta water playground draws yonget children THE PAESS-Hiif LA f�lltliTA s Kathy Humphrey, 44, watched her 5-year-old gn-anddaughter frolic in a newly installed water playground in La Quanta Park ou a recent afternoon, she listed the play area's practical advantages: it's good exerdse, it's We and it's a good way to get out in the fresh air. Craiiddaughter Alexis had simpler rea- sons for enjoying It. "it's cold," the Palm Desert girl said, "And l can squirt at my brother." 'Me 1,256-square-foot playground features two water cannons, an artificial "palm tree that squirts water on kids below, and fountains and water jets that spray water from the rubberized stuface. The play area opened late last month. just in time for the hot desert weather. The water playground is far all ages, but tt is especially good for toddlers, who face fewer dangers there than ui swinunig pools, said Terry Deeringer, management analyst for the city of La Quinta. Parents do not have to worry about children drowning, and the sofa yellow and blue floor lessens the chance they will get e) c... ar CD lin- go a a 0 z t cc au �ro0a F E ., -c AW0,0 •10 80> 0 bpi c � Rio a� v, 0 a> °c� Cd �b•a c V m M as'4-�' z cOr�CdS ba 9F a �� Ell < DEPARTMENT REPORT: JULY 5 JULY 18 JULY 26-29 AUGUST 1 SEPTEMBER 5 SEPTEMBER 19 SEPTEMBER 6-9 OCTOBER 3 OCTOBER 17 CITY COUNCIVS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES MAYOR/ COUNCIL MEMBERS EXECUTIVE FORUM CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2006 Printed by Calendar Creator Plus on 6/29/2006 � i f LA QUINTA CITY COUNCIL MONTHLY CALENDAR August 2006 ..Monday.. Wednesday ..Friday �2 3 4 2:00 PM City i Council 10:00 AM ALRC July Meeting S M T W T F S 2 3 4 5 6 7 1 8€ 9 10 11 12 13 14 15 €€€€ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 .......... 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus - Commission Henderson Henderson 5:30 PM Investment 11:00 AM CVCC-Sniff Advisory Board 12:00 PM Energy/ Environ.-Sniff 13 14 15 16 17 18 19 10:00 AM Pub. Sfty-Kirk 2:00 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 12:00 PM Transp-Kirk Meeting (CANCELLED) vation Commission 6:00 PM League - Henderson 7:00 PM Community Services Commission 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Commission Osborne Henderson 12:00 PM Sunline-Adolph 2 7 28 29 30 3 � .. 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'.!;•:ii; ail i'f:!!�;'i ii'iI? 9!i l ..::: �i1!�:r S M T W T F S .: L. ilk'.. f�:ilr 911p 1 2 3 4 5 6 7 8 9 Adolph iir it IIIII'lll Ililil j "r'?IIIIII'iI�fl' 10 11 12 13 14 15 16 ai!��,Illlful 17 18 19 20 21 22 23 i'iII'III�I'lli 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 6/29/2006 0% /' LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2006 Airp-Osborne Titvl 4 aCP Qumrla� COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Public Hearing on Development Impact Fees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council amending Resolution No. 2005-047 relative to the Development Impact Fee (DIF) Policy pursuant to the Development Impact Fee Study dated July 5, 2006. FISCAL IMPLICATIONS: Implementation of the recommendation outlined in this report will generate approximately $78,645,484 in projected revenue, assuming that all development anticipated in the City General Plan actually occurs. The following is a breakdown according to the DIF Study July 5, 2006 Update: PRn.IFCTFn IMPACT FEE REVENUE FACILITY TYPE PROJECTED REVENUE Transportation $44,509,035 Parks $12,058,823 Civic Center $12,971,484 Fire Station $1,817,542 Libraries $4,790,615 Community Centers $1,005,791 Street and Park Maintenance $1,492,195 TOTAL $78,645,484 The DIF's calculated in the DIF Report are intended to represent the maximum Impact Fee amount justified by the analysis. The City Council may choose to adopt fees lower than those recommended. In that event, it is important that the City Council identify which facilities are to be funded by the reduced DIF, and the share of total costs and funding sources required to recover the shortfall in the DIF Program. It should be emphasized that all costs used in this report are in current dollars. CHARTER CITY IMPLICATIONS: The proposed DIF Policy follows the requirements set out in Government Code Section 66000 et seq., with the exception that the payment of the fees will remain at the time of the issuance of a Building Permit rather than at the time of issuing the Occupancy Permit. The City's Charter gives the City authority to implement the City's own procedures for matters of local concern and, by continuing the prior timing requirement, the City is better able to ensure the timely construction of public infrastructure as needed by the new development. BACKGROUND AND OVERVIEW: On March 19, 1985, the City Council passed Resolution No. 85-26 "Infrastructure Fee Policy" in order to ensure that adequate funding would be available to the City for development and construction of required infrastructure. On August 4, 1987, the City Council passed Resolution No. 87-39 which amended Resolution No. 85-26. This Resolution updated the Community Infrastructure Fee based on projects identified as part of the Infrastructure Fee Policy. The Infrastructure Fee Policy established a fee, upon development, which equated to 1.5% of the home valuation for residential development and $6,000 per acre for commercial/industrial development. In 1989, a California statute took effect which governs the establishment, increase and imposition of fees levied by local agencies as a condition of development project approval "for the purpose of defraying all or a portion of the cost of public facilities related to this development project." Public facilities are defined in this statute to include "public improvements, public services, and community amenities." These requirements are found in the Mitigation Fee Act (Government Code Section 66000 et seq.) and are commonly known as "AB 1600" requirements after the 1987 assembly bill where they originated. The U.S. Supreme Court has found that an agency imposing exactions on development must demonstrate an "essential nexus" between such an exaction and the government's legitimate interests. The court made clear that an agency must also show that an exaction is "roughly proportional" to the burden created by development. For this reason, the City Council retained DMG to prepare a report identifying all required infrastructure at "build out" and in 1999, DIF's per land use identifying the proper nexus in accordance with the Mitigation Fee Act (AB 1600) were adopted. On March 5, 2002, the City Council adopted Resolution 2002-34 updating the City's DIF through January 2002. 2 On June 7, 2005, the City Council adopted Resolution 2005-047 amending Resolution 2002-34 pursuant to the Development Impact Fee Study Update, dated June 7, 2005. Presented for the City Council's consideration is the third update of the DIF Study (dated July 5, 2006). The public hearing notice announcing the City Council's consideration of the July 5, 2006 DIF Update was published in the Desert Sun on June 23, 2006 and June 29, 2006. The July 5, 2006 update can be found as Attachment 1. As with the previous report, Section 1 provides an overview of impact fees. It sets forth legal requirements for establishing and imposing such fees as well as methods used in this study to calculate the fees. Section 2 contains information on existing and planned uses and development in La Quinta, and organizes that data in a form that can be used in the DIF analysis. Sections 3 through 9 analyze the impacts of development on specific types of facilities. Those sections identify facilities eligible for impact fee funding and calculate recommended impact fees for each type of facility. Section 10 discusses procedures and legal requirements for implementing an impact fee program under California law. Section 10 also addresses adoption, administration, and training. The types of public facilities covered by the DIF are listed below, along with the report sections in which they are addressed: Transportation Improvements (Section 3) Parks and Recreation Facilities (Section 4) Civic Center (Section 5) Libraries (Section 6) Community Centers (Section 7) Maintenance Facilities (Section 8) Fire (Section 9) The following is a brief overview of the changes presented within the DIF July 5, 2006 Update. Section 3 — Transportation Impact Fees have been updated to eliminate projects that have already been constructed and accepted, to amend estimated costs of existing projects, to account for developer bonds, and to add new projects that were deemed necessary and eligible. Section 4 — Parks and Recreation Impact Fees were reviewed and determined to be fair and equitable at the current level. The Parks and Recreation Impact Fees will be reviewed again following the completion of the 2006 City-wide Parks and Recreation Master Plan. 3 Section 5 - Civic Center Impact Fees have been updated to reflect the revised cost estimate provided by the Project Architect. Section 6 - Library Impact Fees have been updated to reflect the recently completed construction of the new Library facility. Section 7 - Community Center Impact Fees were reviewed and determined to be fair and equitable at the current level. Section 8 - Maintenance Facility Impact Fees were reviewed and determined to be fair and equitable at the current level. Section 9 - Fire Protection Impact Fees were reviewed and determined to be fair and equitable at the current level. The following table presents the proposed fees by land use category: Summary of Calculated Impact Fees Per Unit of Development y Res (SFD) DU 2 $1,930 $892 $996 $140 $355 $74 $67 $22 $4,475 Res (SFA) DU $1,930 $669 1 $325 $45 $266 1 $56 $67 $16 $3,374 Res MFO DU $1,127 $876 $229 $32 $348 $73 $39 $21 $2,745 Office/Hos . KSF $3,729 $140 $20 $130 $4,018 General Com KSF $3,039 $322 $45 $106 $3,512 Tourist Com I Room 1 $982 $130 1 $18 1 $34 $1,165 Golf Courses I Acre 1 $363 1 $148 1 $21 1 $13 $544 The following table compares the existing fees to the proposed fees: Land Use Type Proposed Fees Current Fees Increase Amount Percent Change Res (SFD) $4,475 $3,696 $779 21.08% Res (SFA) $3,374 $2,942 $432 14.67% Res (MFO) $2,745 $2,473 $272 1 1.01 % Office/Hosp. $4,018 $3,447 $571 16.58% General Com $3,512 $2,939 $573 19.49% Tourist Com $1,165 $966 $199 20.64% Golf Course $544 $418 $126 30.21 % 217 4 City staff provided the updated DIF Sections to Fred Bell, Executive Director, Building Industry Association (BIA). During a subsequent discussion, Mr. Bell indicated that he and his staff were reviewing the proposed changes and comments would be forthcoming. FINDINGS AND ALTERNATIVES: 1. Adopt a Resolution of the City Council amending Resolution No. 2005-047 relative to the Development Impact Fee Policy pursuant to the Development Impact Fee Study dated July 5, 2006; or 2. Do not adopt a Resolution of the City Council amending Resolution No. 2005-047 relative to the Development Impact Fee Policy pursuant to the Development Impact Fee Study dated July 5, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, 'Q tilt. Timothy R. Jona s n, P.E. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. July 5, 2006 Update - Development Impact Fee Study 5 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NUMBER 2005-047, RELATING TO THE DEVELOPMENT IMPACT FEES WHEREAS, the City of La Quinta was incorporated in 1982; and WHEREAS, since its incorporation, the City has seen, and continues to experience, significant development activity in the form of applications and proposals for new residential and commercial land development within the City; and WHEREAS, there is a lack of public improvements and facilities, including a deficiency in public safety facilities, and the City is responsible for maintaining an appropriate level of service to the present and future citizens of La Quinta; and WHEREAS, the City's existing circulation system is inadequate to handle current and future traffic patterns and it is essential to widen City streets which have inadequate width, improve the circulation system to accommodate an anticipated increase in traffic, and improve and develop bridges and traffic signals suitable for traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian movement; and WHEREAS, the continued and cumulative development of the City, with the consequent increase in population and demand for the use of public facilities, will impose increased requirements for such facilities, including but not limited to fire stations, park and recreation facilities, major thoroughfares and bridges and traffic signalization, public safety facilities and other public buildings directly from new development and the need cannot be met and financed from ordinary City revenues; and WHEREAS, the most practicable and equitable method of paying for such needed facilities is to impose a fee upon new development within the City and the payment of such a fee enables the City to fund a construction program to provide such public facilities as they are required and demanded; that when a development pays the Development Impact Fee established by this policy, the City Council will be able to find that all necessary public facilities and services will be available concurrent with the need and, in the event such finding cannot be made, the City Council will be required to disapprove the development as being inconsistent with the General Plan; and It. Resolution No. 2006- Development Impact Fees Adopted: July 5, 2006 Page 2 WHEREAS, in 1989 the California Statute took effect which governs the establishment, increase, and imposition of fees levied by local agencies as a condition of development project approval "for the purpose of defraying all or a portion of the cost of public facilities related to the development project;" and WHEREAS, public facilities are defined in the statute to include "public improvements, public services, and community amenities;" and WHEREAS, these requirements are found in the Mitigation Fee Act (Government Code Sections 66000 et seq.)-and are commonly known as "AB1600" requirements after the 1987 Assembly Bill in which they originated; and WHEREAS, pursuant to Section 66001, an agency establishing, increasing or imposing impact fees must make findings to: 1 . Identify the purpose of the fee; 2. Identify the use of the fee; 3. Determine that there is a reasonable relationship between: a. The use of a fee and the type of development on which it is imposed; b. The need for the facility and type of development on which the fee is imposed; C. The amount of the fee and the public facility cost attributable to the development on which the fee is imposed; and WHEREAS, the City Charter provides authority to the City to regulate all Municipal affairs under Article 1 Section 100; and WHEREAS, the adoption of this fee program and procedures as set out in this Resolution is found to be a matter of local concern to implement in a timely manner public infrastructures; and WHEREAS, the City in 1999 conducted studies relative to: future community infrastructure needs; the funds necessary to meet said capital improvement needs and the relationship between those needs and future development; and, based upon said studies and reports, the City Council adopted Resolution No. 99-80; and WHEREAS, the 1999 Development Impact Fee Study report was previously updated in a report titled "2002 Development Impact Fee Study;" and WHEREAS, the 2002 Development Impact Fee Study report has been updated in a report titled "2005 Development Impact Fee Study;" and � ti 7 Resolution No. 2006- Development Impact Fees Adopted: July 5, 2006 Page 3 WHEREAS, the 2005 Development Impact Fee Study report has been updated in a report titled "2006 Development Impact Fee Study;" and WHEREAS, the public hearing notice for consideration of the 2006 Development Impact Fee Study was published in the Desert Sun on June 23, 2006 and June 29, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND AND RESOLVE AS FOLLOWS: 1. Findings. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. The City Council further finds that: a. ' The report entitled "Development Impact Fee Study, " dated July 5, 2006 (the "Fee Study"), accurately states the City's need of and lack of ability to provide for the described public buildings, facilities and services to serve new development. The Fee Study sets forth a necessary and reasonable method of funding said buildings and facilities. The Fee Study shows that there is a reasonable relationship between the use of the fee and the projected types of development; the need for the various public facilities by the projected types of development pursuant to the City's General Plan; and the amount of the fee and the proportionate facility cost related to the development. The Fee Study is hereby approved and incorporated herein by this reference. b. The categories of community infrastructure and the percent of said infrastructure fee attributed to each category of infrastructure in the Fee Study are as follows: Transportation 56.59% Parks 15.33% Civic Center 16.49% Library 6.09% Community Centers 1.28% Street/Park Maintenance 1.90% Fire Protection Facilities 2.31 % C. As set forth in detail in the Fee Study, in order to allow residential and commercial land development to proceed in an orderly manner, while insuring that all new development is consistent with the General Plan, including the Public Building and Facilities Element, it is necessary and appropriate to approve the following Development Impact Fee to be imposed upon new development. Said fee will assist the City in funding a construction program to provide such 8 Resolution No. 2006- Development Impact Fees Adopted: July 5, 2006 Page 4 needed public buildings and facilities as they are required and needed. 2. Development Impact Fee Policy Amount. Prior to approval of any zoning, rezoning, subdivision, or development proposal, the applicant shall pay or agree to pay a Development Impact Fee for the following development type: a. Residential Single Family Detached - $4,475 per equivalent dwelling unit (EDU) b. Residential Single Family Attached - $3,374 per EDU C. Residential Multi Family Other - $2,745 per EDU d. Office/Hospital - $4,018 per 1,000 square feet of floor area (KSF) e. General Commercial - $3,512 per KSF f. Tourist Commercial - $1,165 per room g. Golf Courses - $544 per acre The fees shall be paid prior to the issuance of a Building Permit. 3. Use of Funds Capital Outlay. All proceeds from fees collected pursuant to the Development Impact Fee Policy shall be paid into special capital outlay funds to be established by the City. Said fund or funds shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property and public improvements and facilities described as community infrastructure in this Resolution, as the City Council may deem necessary and appropriate. Designation of expenditures of funds available from the special capital outlay fund(s) shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the City Council may direct. 4. Exclusions and Exceptions. Excluded from the fees imposed by policy are the following: a. Any person when imposition of such fee upon that person would be in violation of the constitution and laws of the United States or the State of California. b. The construction of any facility by the City of La Quinta, the United States or any department or agency thereof or by the State of California or any ,., Resolution No. 2006- Development Impact Fees Adopted: July 5, 2006 Page 5 department, agency or political subdivision thereof. 5. Credits. Other Methods of Providing Infrastructure. Unless otherwise specifically provided herein, the Development Impact Fee shall be in addition to and not in lieu of other valid exactions imposed upon new development through the subdivision or other approval processes. Provided, however, that payment of the Development Impact Fee shall be in lieu of payment of the public facilities and equipment and traffic signalization funds pursuant to La Quinta Municipal Code Section 3.17.020. Provided further that in the event developer is required to directly provide infrastructure improvements specifically provided for in the fee structure, developer shall receive a fair and equitable credit against the "Development Impact Fee." The City hereby determines that the development impact fee is not intended to be the exclusive method of installation of needed public buildings and facilities and the City will consider alternative proposals to provide needed infrastructure to particular development and, to the extent such alternative proposal is discretionary approved by the City Council, developer shall receive a fair and equitable credit against payment of the Development Impact Fee. Any developer seeking alternative methods of installation shall submit such proposal to the City at the time of submittal of an application for development. 6. Validity. Severance. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. In determining the amount of Development Impact Fee, the City Council has been guided by the Fee Study mentioned in Paragraph 1 hereof. In the event any category of such fee shall be declared invalid, such determination shall not affect the validity of any other category. The City Council further finds, declares and determines that the Development Impact Fee on all remaining valid fee categories shall be increased by the amounts of the fee categories declared invalid. Provided, however, that the amount of the remaining valid fee categories shall not be so increased over and above the amount recommended by said report for each category. 10 Resolution No. 2006- Development Impact Fees Adopted: July 5, 2006 Page 6 7. Administration and Enforcement. Effective Date. Repealer. The Community Development Director shall be responsible for the administration and enforcement of this policy. His decision may be appealed to the City Council whose decision shall be final. The City Manager is hereby authorized to execute the necessary agreements for the administration of this policy. This Resolution shall become effective sixty (60) days after the adoption. PASSED, APPROVED, AND ADOPTED this 5th day of July, 2006 by the following vote: M* 1 NOES: ABSTAIN: ABSENT: Don Adolph, Mayor City of La Quinta, California ATTEST: JUNE GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11 0 `SOFT' COUNCIL/RDA MEETING DATE: July 5, 2006 ITEM TITLE: Public Hearing to Adopt an Ordinance of the City Council Approving an Amendment to Chapter 9, Sections 9.80.040 -- Table 9-5 Permitted Uses in Non-residential Districts to Allow Retail Stores Greater than 10,000 Square Feet in the Neighborhood Commercial Zoning District RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: v_ Move to take up Ordinance by Title and Number only and waive further reading. Introduce Ordinance No. for first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As currently written in the City's Municipal Code, the Neighborhood Commercial (NC) zoning district only allows retail stores less than 10,000 square feet in area. Exceptions have been granted via the approval of a specific plan (i.e. Regency Marinita at Jefferson Street & Fred Waring Drive). The specific plan process typically requires a significant amount of time and resources which can in turn discourage the development of standard grocery and other retail stores in the NC district that are 10,000 square feet or greater in size. Analysis The purpose and intent of the NC zoning district is to "provide for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area." (Attachment 1) Though there are many businesses less than 10,000 square feet in size providing sundries and personal services, most gtocerP') 5 and drug stores are much larger. Typically, grocery stores are approximately 40,000 - 60,000 square feet in size while drug stores are around 15,000 - 25,000 square feet. Currently, there are a limited number of undeveloped NC zoned properties. However, several of these sites are in locations that are surrounded by residential properties and could develop in the foreseeable future. It is likely that many, if not all, of these sites will propose stores that exceed 10,000 square feet in size. This, in turn, will require the approval of specific plans for each development. Arguably, stores greater than 10,000 square feet can have more significant impacts than those smaller in size (noise, traffic, aesthetics, etc.). However, it is questionable whether a specific plan for commercial development on NC zoned properties should be the only and/or best mechanism for allowing consideration of larger stores. Based upon the purpose and intent of the NC district, Planning Commission discussion has focused upon the possibility of amending the City's Municipal Code to allow stores ranging from 10,000 to 50,000 square feet as a conditional use (conditional use permit) in the NC zoning district. As previously noted, the typical range in grocery store size can be as large as 60,000 square feet. However, most neighborhood focused stores are at or less than, 50,000 square feet. The conditional use process would still allow detailed, site -specific project review, but would likely be less arduous than the specific plan application process. Planning Commission Action At the June 13, 2006 Planning Commission meeting, the Commission reviewed the Amendment and unanimously moved to approve Resolution 2006-023 recommending City Council approval (Attachment 2). Public Notice This project was advertised in the Desert Sun newspaper on June 24, 2006, as a 1/8-page display ad. To date, no letters have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Amendment can be made and are contained in the attached Ordinance. The alternatives available to the City Council include: 1. Move to take up Ordinance by Title and Number only and waive further reading. Introduce Ordinance No. for first reading; or 2. Do not move to take up Ordinance No. ; or 3. Provide staff with an alternative direction. n n i- io Respectfully submitted, Douglas R. Ev ns Community Development Director Approved for Submission by, Thomas P. Genovese, City Manager Attachments: 1. LQMC 9.70.060 — CN neighborhood commercial district 2. Planning Commission excerpts from the meeting of June 13, 2006 ti SACityMgr\STAFF REPORTS ONLY\PH 2 ZOA.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9, SECTION 9.80.040 -- TABLE 9-5 PERMITTED USES IN NONRESIDENTIAL DISTRICTS — TO ALLOW RETAIL STORES GREATER THAN 10,000 SQUARE FEET IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT CASE NO.: ZONING ORDINANCE AMENDMENT 2006-084 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of July, 2006, hold a duly noticed Public Hearing for review of a Zoning Ordinance amendment to allow changes to Chapter 9, Section 9.80.040 -- Table 9-5 Permitted Uses in Nonresidential Districts; 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 recommending approval of said Zoning Ordinance Amendment: 1. The proposed amendment is consistent with the goals and policies of the La Quinta General Plan, insofar as the amendment is consistent with the goal encouraging a balanced and varied economic base and policies relating to high quality development in the City. 2. The Zoning Ordinance Amendment will not be materially detrimental to the public health, safety and welfare, as it addresses consistency within the Development Code and minor alterations to development standards. 3. The Zoning Ordinance Amendment supports the orderly development of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. Section 9.80.040 — Table of Permitted Uses A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1 . "P": Permitted as a principal use within the district. City Council Ordinance ZOA 2006-084 - Section 9.80.040 Retail Stores Adopted: 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or , accessory use if a conditional use permit is approved. 4. "W: Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. " V: Prohibited in the district. 7. "S": Permitted under a specific plan. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the community development director or the planning commission determines that such use is within one of the permitted use categories listed preceding (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District A = Accessory use C = Conditional use permit M = Minor use permit Major T = Temporary use permit Regional Commercial Community Neighborhood Tourist Office Community X = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Land Use CR CP Cc CN CT CO MC Retail Uses Retail stores under 10,000 sq. ft. P A P P A A X floor area per business Retail stores', 10,000-50,000 P C C C X X X sq. ft. floor area Retail stores', over 50,000 sq. ft. C C C X X X X floor area Food, liquor and convenience P A P P A A X stores under 10,000 sq. ft. floor area, open less than 18 hours/dayZ Food, liquor and convenience C X C C C X X stores under 10,000 sq. ft. floor area, open 18 or more hours/dayZ Plant nurseries and garden supply C X C C X X X stores, with no propagation of plants on the premises, subject to Section 9.100.120 (Outdoor storage and display) Showroom/catalog stores, P P P X X X X without substantial on -site inventory General Services Barbershops, beauty, nail and P A P P P A X tanning salons and similar uses Miscellaneous services such as P A P P P A X travel services, photo developing, City Council Ordinance ZOA 2006-084 - Section 9.80.040 Retail Stores Adopted: videotape rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners, P X P P P X X except central cleaning plants Printing, blueprinting and copy P P P P P P X services Pet grooming —without overnight P X P P P X X boarding Office Uses and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices —physicians, P X P P P P X dentists, optometrists, chiropractors and similar practitioners Medical centers/clinics—four or P X P C X P X more offices in one building Surgicenters/Medical clinics P X P C X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X C Veterinary clinics/animal hospitals C C C C X X X and pet boarding (indoor only) Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. z With no consumption of alcohol on the premises. Table 9-5 Permitted Uses In Nonresidential Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit M = Minor use permit Major T = Temporary use permit Regional Commercial Community Neighborhood Tourist Office Community X = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Land Use CR CP CC CN CT CO MC Dining, Drinking and Entertainment Uses Restaurants, other P A P P P A A than drive -through Restaurants, drive- P A P X P through Restaurants, counter P P P P P take-out with ancillary seating, such as yoghurt, ice cream, pastry shops and similar Bars, taverns and C C C X C cocktail lounges Dancing or live C X C X C entertainment as a principal use Dancing or live A X C C C entertainment as an accessory use Theaters, live or C X C X C motion picture Recreation Uses Bowling, pool or C X C X C X X billiard centers as a principal use Pool or billiard tables A A A A A A X as accessory use (3 tables or less) Game machines, 11 or C X C C C X X more (as either a principal or accessory use) Game machines as an A A A A A A X accessory use, 10 or fewer machines Golf courses and X A X X C A X country clubs (see GC district permitted uses, Chapter 9.120) Tennis clubs or C A C X X A C complexes Health clubs, martial M M M M M M A arts studios, and dance studios, 5000 sq. ft. floor area or Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: less Health clubs, martial C C C C C C X arts studios, and dance studios, over 5000 sq. ft. floor area Libraries P X P C P P P Museum or gallery P P P P P P P displaying sculpture, artwork or crafts, including schools for above Parks, unlighted P P P P P P P playfields and open space Lighted playfields X X X X X X C Bicycle, equestrian P P P P P P P and hiking trails Indoor pistol or rifle X C X X X X X ranges Miniature C X X X C X X golf/recreation Centers Assembly Uses Lodges, union halls, C C C C X X C social clubs and senior citizen centers Churches, temples C C C C X C X and other places of worship Mortuaries and funeral C C C X X X X homes Public and Semipublic uses Fire stations P P P P X P P Government offices P P P P P P P and police stations Communication C C C C C C C towers and equipment, subject to Chapter 9.170 Electrical substations M M M X X X M Water wells and M M M X X X M pumping stations Reservoirs and water X X X X X X M tanks Public flood control P P P P P P P facilities and devices Colleges and C X X X X X C universities Vocational schools, C C C X X C C e.g., barber, beauty and similar e) ; ` Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: Private elementary, C C C C C C C intermediate and high schools Private swim schools C C C X C X C Land Use CR CP CC CN CT CO MC Train, bus and taxi C X C X C X C stations Helicopter pads X X X X C X C Public or private X C X X X X C kennels and animal shelters (with indoor or outdoor pet boarding) Golf courses and C A C X C A P country clubs (see GC district permitted uses, Chapter 9.120) Driving range P A C X P A P unlighted Tennis clubs or C A C X C A C complexes Health clubs, martial P P P P P P A arts studios, and dance studios, 5000 sq. ft. floor area or less Residential, Lodging and Child Care Uses Townhome and C* C** X X X X X multifamily dwelling as a primary use *If part of a mixed -use project per Section 9.80.020 or 9.80.030 * *Subject to Section 9.30.070 (RH, High Density Residential District) for density, building heights, setbacks, etc. Affordable housing projects shall be subject to Section 9.60.270. Residential as an C C C C C C C accessory use, e.g., caretaker residences per Section 9.100.160 Child day care C C C C X C C facilities, centers and preschools as a principal use, subject to Section 9.100.250 (also see Accessory Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: Uses) Senior group housing, C X X X X X X subject to Section 9.100.260 Rooming and boarding C X X X X X X houses Single room C X X X X X X occupancy (SRO) hotels, subject to Section 9.100.270 Emergency shelters P P P P P P P Transitional shelters C X X X X X C for homeless persons or victims of domestic abuse Single family S X X X X X X residential Mixed -use projects: S X X X X X X residential and office/commercial RV rental parks and C X C X C X X ownership/ membership parks Resort residential S X C X C X X Hotels and motels C X C X C X X Timeshare facilities, C X C X C X X subject to Section 9.60.290 Caretaker residences M M M M M M M Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) Automobile service C C C C X X X stations, with or without minimart Car washes C C C X X X X Auto body repair and X C X X X X X painting; transmission repair * If part of a mixed use project per Section 9.80.020 or 9.80.030 Auto repair specialty C C C X X X X shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune- up services —not including major engine or drivetrain repair 23 �. 4 Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: Auto and motorcycle C C X X X X X sales and rentals Used vehicle sales, X C X X X X X not associated with a new vehicle sales facility Truck, recreation C C X X X X X vehicle and boat sales Auto parts stores, P P P C X X X with no repair or parts installation on the premises Auto or truck storage X C X X X X X yards, not including dismantling Private parking C C C X C C X lots/garages as a principal use subject to Chapter 9.150, Parking Land Use CR CP CC CN CT CO MC Warehousing and Heavy Commercial Uses (Subject to Section 9.100.120, Outdoor storage and display) Wholesaling/distribu- C P X X X X X tion centers, with no sales to consumers General warehouses, C P X X X X X with no sales to consumers Mini -storage X P X X X X X warehouses Lumber yards, outdoor X C X X X X X (see retail stores for indoor lumber sales) Pest control services C C X X X X X Plumbing repair shops C P X X X X X Contractor, public C C X X X X C utility and similar equipment/storage yards Central cleaning or C C C X X X X laundry plants Communication or C C C C C C C relay facilities/antennas as primary use Industrial and Research Uses Indoor manufacture X P X X X X X Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood Research and P P X X X X X development Recording studios P P X X X X X Bottling plants X P X X X X X Sign making, except P P X X X X X sandblasting Sign making, including X P X X X X X sandblasting Recycling centers as a X C X X X X C primary use, collection and sorting only, subject to Section 9.100.190 Off -site hazardous X C X X X X X waste facilities, subject to Section 9.100.230 Accessory Uses and Structures Portable outdoor M M M M M M M vending uses (such as flower stands, hotdog stands, etc.), subject to Section 9.100.100 Swimming pools as an M M M X A M A accessory use Golf or tennis facilities M M M X A M A as an accessory use Signs, subject to A A A A A A A Chapter 9.160 Fences and walls, A A A A A A A subject to Section 9.100.030 Antennas and satellite A A A A A A A dishes, subject to Section 9.100.070 Reverse vending A A A A X X A machines subject to Section 9.100.190 Recycling dropoff M A M M X X A bins, subject to Section 9.100.190 Incidental products or A A A A A A A services for employees or � 7� Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: businesses, such as child day care, cafeterias and business support uses Other accessory uses A A A A A A A and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the director Temporary Uses Christmas tree sales, T T T T X X T subject to Section 9.100.080 Halloween pumpkin T T T T X X T sales, subject to Section 9.100.090 Stands selling fresh Y T T T X X T produce in season, subject to Section 9.100.100 Sidewalk sales, T T T T T T X subject to Section 9.100.130 Temporary outdoor T T T T T T T events, subject to Section 9.100.140 Construction and T T T T T T T guard offices, subject to Section 9.100.170 Use of relocatable T T T T T T T building, subject to Section 9.100.180 Other Uses Fortunetelling and C X C X X X X palmistry Sexually oriented C X X X X X X businesses, subject to Section 9.110.080* Other uses not listed Per Section 9.20.040, director of planning commission to determine whether use is permitted in this table *Property must also be located within the SOB (sexually oriented business) overlay district. W Ordinance No. _ Zoning Ordinance Amendment 2006-084 Adopted: SECTION 2. ENVIRONMENTAL. The La Quinta Community Development Department has determined that the Amendment to the Municipal Code is exempt pursuant to Section 15061 (b)(3), Review for Exemption, of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. 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. The foregoing Ordinance was approved and adopted at a regular meeting of the City Council held on this 5th day of July, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California " ATTACHMENT # 1 9.70.020 9.70.020 NR nonresidential overlay district. A. Purpose and Intent. To restrict residential uses from locating within that portion of the underlying CR base district near Highway Ill which are impacted by excessive traffic, noise and other unsuitable environmental conditions. B. Permitted Uses. Section 9.80.020 specifies the restrictions on residential uses within the NR overlay district. C. Development Standards. Setbacks and other development standards shall be as set forth for the underlying CR base district in Section 9.90.040. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.030 CR regional commercial district. A. Purpose and Intent. To provide for the development and regulation of regionally oriented commercial areas located along the Highway I 1 I corridor as shown on the general plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. Per general plan Policy 2-3.1.9, approval of a specific plan is required for any development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.040 CP commercial park district. A. Purpose and Intent. To provide for the development and regulation of heavy commercial and light industrial uses located within the Highway 111 corridor as shown on the general plan. Representative uses include automobile repair, warehousing and storage, office/showroom, office/warehouse, high-tech light manufacturing, and similar uses which serve the needs of the local and regional trade area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 40 § 1 (Exh. A) (part), 1996) 9.70.050 CC community commercial district. A. Purpose and Intent. To provide for the development and regulation of medium- to large-scale commercial areas located at the intersections of arterial highways as shown on the general plan. The CC district is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of a multi -neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.060 CN neighborhood commercial district. A. Purpose and Intent. To provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the general plan. The CN district is intended to provide for the sale of food, drugs, sundries and personal services to meet the daily needs of a neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.70.070 CT tourist commercial district. A. Purpose and Intent. To provide for the development and regulation of a narrow range of specialized commercial uses oriented to tourist and resort activity, located in areas designated on the general plan. Representative land uses include destination resort hotels, conference -oriented hotels and motels, eating and drinking establishments, accessory retail and personal service shops and recreational uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. 273 ($ QWnta 9-96) ATTACHMENT #2 June 13, ssion Minutes Chairman Quill opened the public hearing and asked for the s ff report. Associate Planner Andrew Mogensen presente the nformation contained in the staff report, a copy of which ' on file in he Community Development Department. 2. There eing no questions of staff, Chairman Qu' asked if the applican would like to address the Commission Mr. Bill Casey, Director K Construction for Shovlin Dev opment gave a presentation n the project and stated they d no objection to the staff report or onditions. 3. Chairman Quill as d if there had brurie n any thought as to what would have haY\ked to this stru if the theater had been constructed. vlin stat the original concept for the interior shop alhe s e design. The open area was to allow handicap an have an open area for the theater attendees. Cn asked if there would be any architectural chto the st exterior elevation. Mr. Cox, architect, stateare six i ch recessed panels as well as landscaping alosidewalk. airman Quill asked if planting material could ted along the east elevation side of the building. Mr. Sstated he had no bjection. 4. Chairman Q ill asked if there was any o er public. comment. There bei none, the public participation po ion of the hearing was closed and open for Commission discussio 5. /apt s moved and seconded by Commissioners Barro s/Daniels to PlanningCommission Resolution 2006-022, ap oving Site opment Permit 2006-859, as recommended and a ended: a. Condition added: Additional landscaping shall be added to the east elevation. \ ROLL CALL: AYES: Commissioners Barrows, Daniels, and Chairmaly Quill. NOES: None. ABSENT: Commissioners Alderson and Ladner. ABSTAIN: None. B. Zoning Code Amendment 2006-084; a request of the City for consideration of a recommendation to amend Section 9.80.040 of the La Quinta Municipal Code for the Neighborhood Commercial zoned properties. G:\WPDOCS\PC Minutes\2006\6-13-06.doc 2 Planning Commission Minutes June 13, 2006 1. Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson presented the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if there were any pending applications that are site specific. Staff stated they had just met with a potential applicant that this may apply to. Commissioner Daniels asked why not make it an outright use. Staff stated some of the sites can be unique with special characteristics. Most are surrounded by residential developments which could require site specific conditions. 3. Commissioner Barrows asked if there were other projects that generated the interest in making the change. Staff stated the project at Jefferson Street and Fred Waring Drive started the review by staff. 4. Chairman Quill asked staff about the reasoning for the Neighborhood Commercial district. Staff explained and discussion followed regarding the footprint of different stores and the limitations of the current ordinance. 5. Chairman Quill 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. 6. It was moved and seconded by Commissioners Daniels/Barrows to adopt Planning Commission Resolution 2006-023, recommending to the City Council approval of Zoning Code Amendment 2006- 084, as recommended. ROLL CALL: AYES: Commissioners Barrows, Daniels, and Chairman Quill. NOES: None. ABSENT: Commissioners Alderson and Ladner. ABSTAIN: None. VI. BLS ITEMS: A. Village Use 't 2003-0191est of Skip Lench for consideration of a time extension instruction of an addition of 4,494 square feet to an exis ' ,450 squar t building for an office use for the pro located at the northeast cor f Desert Club Drive and Calle Cadiz. �= 'r .L G:\WPDOCS\PC Minutes\2006\6-13-06.doc 3 Tihf 4 a (A a" COUNCIL/RDA MEETING DATE: July 5, 2006 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: 3- 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 2.71 % to reflect ordinary charges in the cost of doing business plus a $1.40 per ton disposal increase from July 1, 2006 thru June 30, 2007. The total increase represents a $0.32 per month increase, for an annual increase of $3.84. The commercial fee increase represents a Consumer Price Index (CPI) increase of 2.71 % to reflect ordinary charges in the cost of doing business plus a $1.40 per ton disposal increase from July 1, 2006 thru June 30, 2007. The total increase represents a $2.94 per month increase, for an annual fee of $35.28. CHARTER CITY IMPLICATIONS: None. 040 BACKGROUND AND OVERVIEW: The City adopted Amended and Restated Agreements for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials on July 5, 2000, with Waste Management of California, Inc. for the period of June 30, 2000 through July 30, 2008. On May 16, 2006, the City of La Quinta approved the transfer and assignment of the Solid Waste and Recycling Agreements from Waste Management of the Desert to Burrtec Waste and Recycling Services, LLC. The name change took place on July 1, 2006. The City has received correspondence from Waste Management of the Desert/Burrtec requesting a CPI based charge increase (Article 15, Section 15.1- CPI Based Charges) for Fiscal Year 2006/2007 (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 2005 to January 2006 was 5.42%. On this basis, the City Council may grant an increase equal to 50% or 2.71 % 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 $1.40 per ton on July 1, 2006, for a total new Disposal Fee of $36.38 per ton. These new disposal rates apply to both commercial and residential users at the Transfer Station. 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/Burrtec. According to the City's AB 939 Consultants, Hilton, Farnkopf & Hobson, the lowest rate provided by Waste Management/Burrtec 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 2). 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/Burrtec. The breakdown of the new rates for the tax rolls is as follows: OLD RATE NEW RATE Service Rate $7.61 $7.82 Dump Fee $2.70 $2.81 AB 939 $0.61 $0.61 Monthly Rate $10.92 $11.24 Yearly Rate 1$131.04 $134.88 This represents a yearly increase of $3.84 ($0.32 per month) on the tax rolls for residential collection. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 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, — "Ok a4�� Douglas vans Community Development Director Approved for submission by: G Thomas P. Genovese, City Manager Attachments: 1. Correspondence from Waste Management of the Desert/Burrtec requesting a CPI based charge increase 2. Section 15.7-Maximum Rate of the Agreement '� RESOLUTION NO. 2006- 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, 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 Ordinance; and WHEREAS, pursuant to Section 6.04.010 of said Ordinance and California Public Resources Code Section 40059(a)(1), an exclusive franchise has been granted to Burrtec Waste and Recycling Services, LLC ("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 Ordinance 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 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 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 January 1, 2007 and ending December 31, 2007; and City Council Resolution No. 2006-_ Residential Waste Fee Schedule Adopted: July 5, 2006 Page 2 WHEREAS, at the time stated in the notice, to wit: July 5, 2006, 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 collection of such charges, together with general taxes, is in the best interests of the users and the City of La Quinta. 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 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, 2007 through December 31. 2007. 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 2006-2007 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, 2006, 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. S:\CityMgr\STAFF REPORTS ONLY\PH 3 Reso Waste Residential CPI 06.doc City Council Resolution No. 2006- Residential Waste Fee Schedule Adopted: July 5, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 7 S:\CityMgr\STAFF REPORTS ONLY\PH 3 Reso Waste Residential CPI 06.doc City Council Resolution No. 2006-_ Residential Waste Fee Schedule Adopted: July 5, 2006 Page 4 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FY 06/07- RESIDENTIAL PROPERTY Single Family Home/Townhouse Condominium/Mobile Home Service Dump Fee EXHIBIT "A" AB939 Proposed Rates Individual Residence - Curb Service $7.82 $2.81 $0.61 $11.24 Tax Roll Billing Individual Residence'- Curb Service $9.10 $2.81 $0.61 $12.52 Billed Directly by Hauler Individual Residence - Walk-in Service $1 1.44 $2.74 $0.61 $14.79 Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence - Walk-in Service $12.73 $2.74 $0.61 $16.08 Billed Directly by Hauler (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 (Billed directly by Hauler) $5.96. r S:\CityMgr\STAFF REPORTS ONLY\PH 3 Reso Waste Residential CPI 06.doc RESOLUTION NO. 2006- 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, 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 Ordinance; and WHEREAS, pursuant to Section 6.04.010 of said Ordinance and California Public Resources Code Section 40059(a)(1), an exclusive franchise has been granted to Burrtec Waste and Recycling Services, LLC ("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 Ordinance 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 49109 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 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 City Council Resolution No. 2006- Commercial Waste Fee Schedule Adopted: July 5, 2006 WHEREAS, the Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside Area between January 2005 and 2006 has increased by 5.42% 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 $1.40 per ton starting July 1, 2006 thru June 30, 2007; and WHEREAS, the contractor has asked for a 2.71 % Consumer Price Index ("CPI") increase, and a $1.40 cents per ton disposal increase from July 1, 2006 thru June 30, 2007; and WHEREAS, at the time stated in the notice, to wit: July 5, 2006, 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, 2006 through June 30, 2007. 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 interest 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 2006-2007. SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2006-2007. 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 C-%r';*..RAn 1CTACC RCDn OTC OKII V%0W I P.— \A +. (`nmmc.niel /`DI f1R .Inn City Council Resolution No. 2006 Commercial Waste Fee Schedule Adopted: July 5, 2006 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, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, MMC, City Clerk City of La" Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C•\r;+. AAn \CTAFG DCDr1DTC r1A11 V\DW Z Dnon \AI..+. r`DI r)C. 14— City Council Resolution No. 2006- Commercial Waste Fee Schedule Adopted: July 5, 2006 EXHIBIT "A" COMMERCIAL SERVICE - CITY OF LA QUINTA 100% FRANCHISED JULY 2006 2 YARD SERVICE PIC�CIJPS I,4r"h� ' 7. B93x,Q t�CHARG 1 $ 53.59 $ 21.17 $ 3.88 $ 78.65 2 $ 93.35 $ 40.36 $ 7.76 $ 141.48 3 $ 131.16 $ 59.66 $ 11.63 $ 202.45 4 $ 168.75 $ 78.79 $ 15.51 $ 263.05 5 $ 206.42 $ 94.07 $ 19.39 $ 319.88 6 $ 244.36 $ 117.04 $ 23.27 $ 384.67 EXTRA EMPTY $ 34.90 3 YARD SERVICE 1 $ 67.26 $ 30.32 5.82 $ 103.40 2 $ 115.76 $ 58.53 11.63 $ 185.93 3 $ 163.23 $ 85.96 17.45 $ 266.63 4 $ 207.15 $113.31 23.27 $ 343.73 5 $ 253.86 $ 141.29 29.07 $ 424.22 6 $ 298.99 $168.47 34.89 $ 502.35 EXTRA EMPTY $ 47.93 4 YARD SERVICE IVII,.'�.Rxa, ORIY"t R 1 $ 91.98 $ 40.84 7.76 $ 140.58 2 $ 143.88 $ 76.83 15.51 $ 236.21 3 $ 197.74 $ 112.68 23.27 $ 333.68 4 $ 251.79 $ 148.93 31.01 $ 431.73 5 $ 302.91 $184.67 38.76 $ 526.34 6 $ 352.89 $ 220.24 46.51 $ 619.64 EXTRA EMPTY $ 64.87 0 h C•\(`if,,RA-%CTAFC DCDl1DTC /l All V%DW I P.- %Ai-+. /'DI f)r r4- City Council Resolution No. 2006- Commercial Waste Fee Schedule Adopted: July 5, 2006 6 YARD SERVICE , #� I, F4!4GEt 1 $ 137.99 $ 60.74 11.63 $ 210.36 2 $ 215.82 $ 116.61 23.27 $ 355.70 3 $ 296.55 $171.10 34.89 $ 502.55 4 $ 377.95 $ 225.61 46.51 $ 650.07 5 $ 454.38 $ 281.09 58.14 $ 793.61 6 $ 529.36 $ 335.03 1 69.78 $ 934.17 EXTRA EMPTY $ 96.75 `Q PR ,�" l', �� 100% FRANCHISED JULY 2006 OTHER CHARGES NEW START FEE $ 6.40 RE -START FEE $ 16.79 DELIVERY FEE $ 18.10 LOCKED ENCLOSURE $ 16.63 BIN PULL-OUT > 20' $ 29.44 LOCKING CONTAINER $ 57.44 REPLACEMENT LOCKING BAR $ 22.10 SATURDAY (for service < 6x/wk) $ 23.88 C•\r;+. hA. \CTA= DCD/IDTC M11 V\DW Q Roc.. \A/mac+n !`nmm ;-1 !`DI nr, .inn City Council Resolution No. 2006- Commercial Waste Fee Schedule Adopted: July 5, 2006 COMMERCIAL SERVICE - CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE JULY 1, 2006 ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 92.96 30 YARDS $ 131.50 40 YARDS $ 155.61 * Plus dump fees charged at $36.38 * Plus AB939 fees charged at $13.10/ton remitted to City * Delivery Charge $ 18.10 * Extra Trip $ 51.44 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $ 6.40 Restart Fee $ 16.80 Returned check $ 21.71 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. CITY OF LA QUINTA WASTE MANAGEMENT DIRECT BILLING RESIDENTIAL PROPERTY Single Family Home/Townhouse Condominium/Mobile Home Service Dump Fee AB939 Proposed Monthly Rates Individual Residence - Curb $9.10 $2.81 $0.61 $12.52 Service Billed Directly by Hauler Individual Residence - Walk-in $12.73 $2.74 $0.61 $16.08 Service Billed Directly by Hauler (2 cans, bags or bundles, up to 60 ft. distance) C•1f ;r..KA...\CTA= DC0l1DTC r%K11 V%DW '2 p_ %Aj_+. !`DI nn .Inn City Council Resolution No. 2006- Commercial Waste Fee Schedule Adopted: July 5, 2006 • 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) $5.96 Q-%r;t..AAnr\CTACC DCDr%QTC OK11 V%DW q Dcon %A/ootu rot /1L..Inn • • Attachment 1 March 27, 2006 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: 2006 Rate Increase Dear Mr. Genovese: WASTE MANAGEMENT OR THE DESERT Executive Department 41.575 Eclectic Street Palm Desert, CA 92260 (760) 340-5901 (760) 340.2732 Fax www.wmdesert.com E If-ti k L D 'b! U-'v E APR - 6 2006 0 CITY OF LA OUINTA COMMUNITY DEVELOPMENT DEPARTMENT In accordance with Article XV, Section 15.1, of the Municipal Franchise Agreement, Waste Management as the Contractor, is respectfully requesting a rate increase, as required during the month of March of each year to reflect the fluctuations of the CPI. The new rate sheet request will follow in the upcoming month. Please advise us of the date of the council meeting this will be considered so I may be there to address any questions anyone may have. Thank you for your consideration and acceptance of our yearly notice of the annual rate increase. Sincerely, Frank Orlett District Manager cc: Doug Evans, City of La Quinta Deborah McGarrey, Municipal Marketing Manager 1 ATTACHMENT 2 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 ear, including line -item details on operating income; (2) documents and monthly s edules in support of the audited financial statements of cash receipts and surchar revenue; (3) management reports showing profit and loss for the service pro ded to. the City under this Agreement and for the Contractor's company -wide op rations; and (4) working papers from prior or on -going audits, including those under en by Contractor or Contractor's parent company. Section 15.4 The City shall render a writte decision on the Contractor's request, either accepting, rejecting, modifying or ferring the same and reciting the basis of its decision. The decision shall be it in the sole and absolute discretion of the City Council, subject to all applicable ws. Any rate increases granted by the City Council under the provisions of this se ion shall take effect beginning July 1 of that year for commercial industrial rates d January 1 of the following year for residential. Section 15.5 Due to the fa9t that each year's tax rates which are computed for a calendar year are applied in a tax rolls in a fiscal year, during the final six (6) months of this Agreement Contr ctor will be entitled to only fifty percent (50%) of the tax role fees collected. /escribed n 15.6 City Right to Set Rates g in this Article 15 shall preclude City from adjusting rates in the years that or does not file a CPI rate increase request for purposes of changing the fees herein or for any other purposes. Section 15.7 Maximum Rates 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 ti " CAMy Documents\WPDOCS1ContWaste2000.wpd 26 • July 11, 2000 Section 15.1 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 10.1 Franchise Fee Payments In considera ' n for, among other things, an exclusive contract, the Contractor shall pay to the Cit eight percent (8%) of all gross receipts, exclusive of Disposal Charges and fees co\actual y Contractor pursuant to Section 16.2, received by it under this Agreemenent shall be made to the City by the fifteenth (15th) of every month for theng month's receipts. In the event of termination, the balance due for the riod during which the termination occurs, shall be paid within thirty (30) dayate of termination. For those amounts collected initially by the City, City shald the amounts attributable to AB 939, transfer costs to. Edom Hill prior to thwitch to Edom Hill, the eight percent (8%) franchise payment and any othn owed to the City pursuant to this Agreement or any amendment thereto. Section 16.2 From time to time, City may im %ose certain fees as part of the rates established for refuse collection service to fund recling, source reduction, household hazardous waste or other similar programs. City ay also find it necessary to impose fees as part of the rates established for refuse col ction service due to new or existing federal or state laws or regulations. If and when t rate schedule is modified to include such fees, the Contractor shall collect said fees as art of the billing process and.shall remit said fees to the City on a quarterly basis by th twentieth (20th) day of January, April, July, and October for the preceding quarter's es. In the event of termination, the balance due for the quarter during which termina 'on occurs shall be paid within thirty (30) days of the date of termination. Contractor shall submit a report to the City on Ve fifteenth (15th) day of each month describing the amount of such fees billed and bellected during the preceding month. CAMy Documents\WPDOCS\ContWaste2000.wpd 27 July 11, 2000