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2007 05 15 CCems, 444AM City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calls Tampico La Quinta, California 92253 Regular Meeting TUESDAY, MAY 15, 2007 - 3:00 P.M. Beginning Resolution No. 2007-044 Ordinance No. 436 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. 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 acquisition of real property is considered. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL -APPOINTED POSITION — CITY MANAGER. ,N 001 City Council Agenda 1 May 15, 2007 RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS WRITTEN CORRESPONDENCE FROM DR. GEORGE AND JUDY SCHENKMAN, DATED MAY 4, 2007, REGARDING STREET LIGHTING IN THE COVE NEIGHBORHOOD. 2. WRITTEN CORRESPONDENCE FROM STEWARDS OF THE FRED WOLFF BEAR CREEK NATURE PRESERVE, DATED MAY 5, 2007, REGARDING BERM REDUCTION ALONG AVENIDA MONTEZUMA. 3. WRITTEN CORRESPONDENCE FROM MR. AND MRS. JAMES R. PAUL, DATED MAY 10, 2007, REGARDING J & S PAUL PROFESSIONAL PLAZA. APPROVAL OF MINUTES APPROVAL OF MINUTES OF MAY 1, 2007. 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 MAY 15, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2007. City Council Agenda 2 May 15, 2007 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MARCH 31, 2007. 4. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS FOR INTERIOR MILLWORK, TILE, AND MISCELLANEOUS FINISH ACCESSORIES FOR THE CITY HALL EXPANSION, PROJECT NO. 2002-01, 5. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30023-2, TRILOGY, SHEA LA QUINTA, LLC. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE IMPROVEMENTS FOR TRACT MAP 30023-7, TRILOGY, SHEA LA QUINTA, LLC. 7. ACCEPTANCE OF OFF -SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 31172, LA QUINTA VALLEY PLAZA, KLEINE BUILDING & DEVELOPMENT, INC. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND THREE CODE COMPLIANCE OFFICERS TO ATTEND THE TACTICAL COMMUNITY SAFETY AND AWARENESS CLASS SPONSORED BY THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS IN VENTURA, CALIFORNIA, MAY 22-24, 2007. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE NATIONAL EMERGENCY TRAINING CENTER (NETC) OPERATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN EMMITSBURG, MD, JUNE 9-16, 2007. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE IMPROVEMENTS FOR TRACT MAP 33076-2, THE MADISON CLUB, EAST OF MADISON, LLC. 12. APPROVAL OF APPLICATION SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR DESIGN OF A MULTI -USE TRAIL BRIDGE SPANNING COACHELLA CANAL AT SILVERROCK RESORT. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER II TO ATTEND THE ADVANCED TRAFFIC SIGNAL OPERATIONS SEMINAR TO BE HELD IN LOS ANGELES, CALIFORNIA, MAY 21-22, 2007. 003 City Council Agenda 3 May 15, 2007 14. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID FOR THE MISCELLANEOUS STREET IMPROVEMENTS, PROJECT NO. 2005-01. 15. APPROVAL OF A CONTRACT EXTENSION WITH THE ROSENOW SPEVACEK GROUP (RSG) FOR REDEVELOPMENT AND ECONOMIC DEVELOPMENT SERVICES. 16. ADOPTION OF A RESOLUTION APPROVING PARTICIPATION IN A 401(a) MONEY PURCHASING PLAN AND RELATED PLAN DOCUMENTS. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES FOR THE PERIOD OF TIME COMMENCING JULY 1, 2007, AND ENDING JUNE 30, 2016. A. RESOLUTION ACTION 2. CONSIDERATION OF CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2007/2008. A. MINUTE ORDER ACTION 3. CONSIDERATION OF THE COMMUNITY SERVICES MASTER PLAN UPDATE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE IMPLEMENTING AB 2987 — STATE VIDEO FRANCHISE FEES, CUSTOMER SERVICE, AND OTHER VIDEO - RELATED MATTERS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING _., 0 0 JIt City Council Agenda 4 May 15, 2007 5. CONSIDERATION OF AN ORDINANCE TO COMPLY WITH SENATE BILL 53 STATING THAT THE LA QUINTA REDEVELOPMENT AGENCY DOES NOT HAVE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 6. CONSIDERATION OF A LETTER REGARDING THE STATE'S PREFERRED ALTERNATIVE PLAN FOR THE SALTON SEA RESTORATION. A. MINUTE ORDER ACTION 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 (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 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 RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT AD -HOC COMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. ALRC MINUTES FOR APRIL 4, 2007 21. PLANNING COMMISSION MINUTES FOR APRIL 10 AND 24, 2007 00 City Council Agenda 5 May 15, 2007 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. DISCUSSION REGARDING BUDGET CALENDAR AND COMMISSION APPLICANT INTERVIEWS C. DISCUSSION REGARDING CITY COUNCIL SUMMER SCHEDULE 4. BUILDING & SAFETY DEPARTMENT REPORT FOR APRIL 2007 5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT FOR APRIL 2007 A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE 6. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2007 7. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT FOR APRIL 2007 9. POLICE DEPARTMENT REPORT FOR APRIL 2007 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING LENGTH OF TIME FOR COUNCIL MEMBER DINNERS ON DATES OF COUNCIL MEETINGS (MAYOR PRO-TEM SNIFF). 2. DISCUSSION REGARDING COMPETITIVE PROCUREMENT OF SERVICES (COUNCIL MEMBER KIRK). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. znn P_NI_ PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE .W,. , 00 v City Council Agenda 6 May 15, 2007 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2007-881, CONDITION NOS. 22 AND 26. APPELLANT: R. T. HUGHES & CO. LLC. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on June 5, 2007, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of May 15, 2007, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on May 11, 2007. DATED /'May 11, 2007 ERONIC;A J. ONTECINO, City Clerk City of La Quinta, California 0G. City Council Agenda 7 May 15, 2007 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. City Council Agenda 8 May 15, 2007 Page 1 of 1 Tom Genovese From: judy jjudithxo@dc.rr.comj Sent: Friday, May 04, 2007 10:49 PM To: Torn Genovese WRITTEN CORRESPONDENCE ITEM: Subject: Re: City of La Quinta's "Dark Sky" policy, underground utilities, etc. Mr. Genovese, It is my interpretation that the zoning regulations referred to in 9.100 apply to nonresidential lighting regulations and that 9.1.150 specifically entails more general outdoor lighting regulations. It entails comments regarding astronomical observations, the potential for an inefficient use of electrical energy, AND A PUBLIC NUISANCE OR SAFETY HAZARD. It is my contention that by not having appropriate street lighting in the cove area it is unsafe. It is difficult to navigate at night to locate unknown locations. Both guests and residents travel at erratic speeds while they endeavor to locate street: signs. It can be difficult for safety vehicles to locate residents in an emergency. It can be and is an open invitation for drug traffic to go on. While speaking to a police officer about the latest violation here, I inquired about getting better lighting at least here in the park. His kind response was that it was even harder when he arrived to this area from Riverside and started working nights to locate the proper streets! We live here and have the same problem. The Rule is: if you don't know where it is before you leave don't look for it at night! In this day and age that seems quite inappropriate to me. I would appreciate having our concerns presented to the council under "written correspondence". My husband and I want to go on record with our request for assistance. Thank you for your help in this matter. We can be reached at any time at 777- 8233. My a mail address is judithxo@dc.rr.com Please respond at your earliest convenience. Dr. George and Judy Schenkman 00 5/8/2007 Stewards of the Fred ffCoNDENCE: Nature Preserve c/o Kay Wolff P.O. Box 1016 La Quinta, CA 92247 May 5, 2007 Honorable Don Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Don, Thank you for taking time to observe the berm along Montezuma yesterday. As you know, the Stewards of the Fred Wolff Bear Creek Nature Preserve have been working closely with Community Services staff on the Master Plan for the Preserve, which Council recently approved. Thank you for your support. Implicit in the Plan is the need to provide increased safety for pedestrians who use this unique area. Indeed, Community Services Officer Tom Fowler submitted a comprehensive report to us, suggesting, among other changes, the reduction of the berm along Montezuma so that police officers can have greater surveillance of the Preserve. The attack that occurred on April 29 has dramatically heightened the urgency of implementing Officer Fowler's suggestions. The community is concerned for the safety of people using the Preserve and Trail, and supports any actions that will protect pedestrians. For these reasons, we urge the Council to move the modifications to the berm to a high priority level as one: means to increase safety of visitors and citizens on the Trail and Preserve. We continue to be available to provide support to the City in whatever way we can. Thank you fDr your consideration of this safety issue. Sincerely, l,J o Kay Nff for: Stewa s of the Nature Preserve: Katie Barrows, Ron De Luna, Andrea Dooley, Spencer Knight, hyllis Munsey, Jeff Smith, Val Smith, Linda Williams, Fred Wilson, Kay Wolff Attachment: Tom Fowler Report: September 2006 Cc: Walt Meyer Fowler 0:-die Hylton Stewards a. Oin FRED WOLFF BEAR CREEK NATURE PRESERVE Crime Prevention Through Environmental Design Inspection Analysis and Recommendations Prepared By Thomas A. Fowler Community Service Officer La Quinta Police Department ❖ SITE LOCATION AND DESCRIPTION Created in 2005, the Fred Wolff Bear Creek Nature Preserve, (FWBC Nature Preserve) is an open space site consisting of 19+/- acres designed to preserve public access to the Santa Rosa Mountains, hiking/walking/biking trails and the natural beauty of the desert. Incorporated into the Bear Creek Pedestrian and Bicycle path, the north boundary of the FWBC Nature Preserve is located at the intersection of Avenida Montezuma and Calle Ensenada. The south boundary is located at the intersection of Avenida Montezuma and Cal.le Chillon. Avenida Montezuma defines the east boundary and the Coachella Valley Water District flood control channel defines the west boundary. 4• DEFINING THE ISSUES There are two interrelated issues requiring proper study and an appropriate response: 1. PUBLIC SAFETY AND SECURITY Articulating strategies and practices that will serve to make the area within FWBC Nature Preserve safer and more secure for those using the area. 2. UNAUTHORIZED VEHICLE TRAFFIC The unauthorized operation of vehicles, (golf carts, motorbikes, quads, maintenance vehicles), within the boundaries of the FWBC Nature Preserve resulting in damage to the natural environment and diminishing the "nature experience" of those within the preserve. K j "• O.y I. ❖ RESPONDING TO THE ISSUES In response to the above identified issues, the La Quinta Police Department conducted a security survey of the FWBC Nature Preserve. The following observations and recommendations incorporate current Crime Prevention Through Environmental Design (CPTED) principles. These principles are: Natural Surveillance: The placement of physical features, activities, and people in ways that maximize the ability to see what is occurring in a given space. Territorial Reinforcement: The use of buildings, fences, signs and pavement to express ownership. Access Control: The physical guidance of people coming and going from a space by the placement of entrances, exits, fencing, landscaping, locks, and other barri ers. Maintenance of the Environment: The maintenance and the "image" of an area can have a major impact on whether it will become victimized because it indicates that someone cares and is watching. s• RECOMMENDATIONS Natural Surveillance: The placement of physical features, activities, and people in ways that maximize the ability to see what is occurring in a given space. IT IS RECOMMENDED that all landscape vegetation immediately adjacent to and potentially affecting the pedestrian and bicycle path be trimmed and maintained as follows: All shrubs, bushes and ground cover vegetation should be maintained at a height not to exceed three feet / 36". All trees should be pruned and trimmed from the ground to a minimum height of five feet / 60". The objective is to eliminate points of concealment for the criminal while providing those using the preserve a safe and observable environment. This is especially needed in the area between Calle Arroba and Calle Chillon. In / this particular area, there is a dense and concentrated growth of non native vegetation. (citrus, oleander, bougainvillea and cypress) Photo Reference: Photos #1 through #5 Territorial Reinforcement: The use of buildings, fences, signs and pavement to express ownership. IT IS RECOMMENDED that appropriate signage be erected on the north, south and east boundaries of the preserve clearly identifying and designating the area as a nature preserve. Effective signage should also address conditions and rules for using the area, trespassing issues, hours of use etc. Appropriate municipal and/civil codes may be referenced as desired. Well designed and placed signage will serve as a strong expression of community ownership and will provide a clearly defined basis for an effective law enforcement response. Access Control: The physical guidance of people coming and going from a space by the placement of entrances, exits, fencing, landscaping, locks, and other barriers. 'IT IS RECOMMENDED that fencing be installed on the east boundary (Avenida :Montezuma). Pedestrian and bicycle access points should be incorporated into the fencing type, style and design selected. Acknowledging financial realities, as well as the length of fencing needed, simplicity is strongly encouraged. Recognize that the pragmatic function of the fence is to establish ownership and to positively direct access —not for aesthetics. (Territorial Reinforcement and Access Control) As a point of interest, the National Park Service uses "T-Posts" with three rows of wire to accomplish this at the nearby Joshua Tree National Park. The Coachella 'Valley Water District used the same concept (post and cable) on the west boundary between the pedestrian/bicycle path and the flood control channel. Photo Reference: Photo #6 17 IS RECOMMENDED that those areas within the preserve which reflect previous vehicle traffic be disfigured to discourage and prevent further use. Running parallel to the bike path, in the desert area between the bike path and Avenida Montezuma, are visible traces of unwanted vehicle travel which often attracts similar behavior. The use of rocks, fallen branches,vegetation or landscape mounds can disfigure and disrupt the line of sight and recognition of these areas. Photo Reference: Photo #7 Maintenance of the Environment: The maintenance and the "image" of an area can have a major impact on whether it will become victimized because it indicates that someone cares and is watching. IT IS RECOMMENDED that the waste from any illegal dumping within the boundaries of the preserve be removed immediately. Photo Reference" Photo # 8 I - 4 •�1 ��i ram:" I •i� �J M 'i t e� ZE Photo 3 Walking H/B with overgrown vegetation illustrated. n ;, F:y' � tr / J� /6 �a� 'i F � �y Y^ i � � l' _ �� ` �L'�� .. ��, 4Y. �_ 'ryyl� - l A � k __, � 1 � ... �� :i4 � O Y'� Sf - Photo 6 Water District Fence Photo 7 Example of unauthorized traffic route. Notice how this pathway "splits around" the vegetation in the middle of the "road". Also, this particular "road" leads to an unauthorized dump site. Photo 8 Illegal Dumping WRITTEN CORRESPONDENCE ITEM: J7 Mr. & Mrs. James R. Paul i U11 55-585 Cherry Hills • La Quinta, CA 92253 ) I (760) 771-2910 MAY 1 0 2007 J rr r May 10, 2007 - - — ---- __. Mayor Donald Adolph LaQuinta City Council LaQuinta, California Re: J & S Paul Professional Plaza Dear Mayor Adolph and Council Members: I am respectfully requesting that the limitations be lifted in two specific areas of use types as contained in the Specific Plan. We have designed our project to be a Class A development and don't want to "shoot ourselves in the foot" by having to turn away the type of clients that we intended to accommodate. 1. Medical offices (2,000 sq. ft. or less per tenant) This is our primary concern. We are greatly affecting leasing efforts to some very attractive medical entities with the square footage limitation. It was an oversight on our part to not have addressed this item from the beginning. 2. Health Clubs, Fitness Centers, Spas (Conditional use) We would like these entities to be removed from Permitted/Conditional and Prohibited Uses. Please consider these alterations to be positive for the project and the community. We are extremely protective and concerned to attract a quality mix of tenants, and feel that these changes would help accomplish that goal. Additionally, we are committed to monitor the buildings' load factors, as well as any and all restrictions that otherwise apply. Thank you for your consideration in these matters. Sincerely, James "J" R. Paul Shari Paul Owners I Tw!t 4 4 Qgw& COUNCIL/BDA MEETING DATE: Mav 15, 2007 ITEM TITLE_ Demand Register Dated May 15, 2007 RECOMMENDATION: Approve: Demand Register Dated May 15, 2007 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 73049 - 730711 173,403.53 73072 - 730921 155,743.70 Voids} -2,254.55 Wire Transfers} 1,730,037.00 P/R 33820 - 338441 195,61 1.34 P/R Tax Transfers} 50,758.52 Payable: Warrants: 73093 - 732261 4,357,049.03 $6,660,348.57 FISCAL. IMPLICATIONS: Demand of Cash -City $4,973,334.11 Demand of Cash -RDA $1,687,014.46 John IVI. Falconer, Finance Director CITY OF LA OUINTA BANK TRANSACTIONS 04/26/07 - 05/09/07 04/26/07 WIRE TRANSFER - WATERCOLORS 04/26/07 WIRE TRANSFER - WATERCOLORS 04/27107 WIRE TRANSFER - DUNE PALMS 04/30/07 WIRE TRANSFER - ICMA 04/30/07 WIRE TRANSFER - WATERCOLORS 04/30/07 WIRE TRANSFER - WATERCOLORS 04/30/07 WIRE TRANSFER - WATERCOLORS 05/02/07 WIRE TRANSFER - HEALTH PREMIUM 05/02/07 WIRE TRANSFER - PERS 05/04/07 WIRE TRANSFER - WATERCOLORS 05/04/07 WIRE TRANSFER - LANDMARK 05/05/07 WIRE TRANSFER - ICMA 05/05/07 WIRE TRANSFER - PERS TOTAL WIRE TRANSFER OUT $103,000.00 $80,000.00 $825,604 87 $50.00 $t03,000.00 $103,000.00 $103,000.00 $82,274 12 $1,209.22 $85,000.00 $187,108.95 $7,150.91 $49,638.93 $1,730,037 00 N 1 _ a0 O O O N O O N O �t \ I YJ I d O O O N O O O n n O I W O M 00 N A P M P O I S O WN[C 1 uH I O w 1 Q m 1 N M LL S 1 I a a 1 O Z I I I I C ti I I w I LL 0 I LL z W I H Z I H 1 O H I Z £ w 1 O 16ac NOOAN a0000 00 00 NN 00 00 NN 00 �f �? 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O Z O W u Od MN JNd N N Q I WCCO I w�} Jam? Z�1 J�1 W�1 �t QQ� ¢vim Zv U I LWZ I Jd O�1 y�1 Lam? P Q P P Q P o P Z P P U P P U P P O P 3 A I Q x IH P D P O P O 1 O 'O rcO wa woo 00 00 O O I ZU I O QO wo NO NO O ZO QOO zO0 ZOO ZO Z 0 ¢ 1 J I 'O ZO 'O ZO ZO WO O wO �O 00 300 NOO NOO NO H N 1 Iwo I 1 N J 2 W N W rl NMJ I Z W W W W \MO I W I ¢ O ¢ J O ¢ 6 Ol > �Z 1> I J £ Z O d C 0 0 Q 1 J I O •• I w I O P r P _ nit OMM �O CON OMB rP N W LI�IOu I b O O P Ili On � On NPOD VI �0O PaOM 1n •O In ¢QO I Z.-1 I Ar �r NO OJ �M 1hO dJ Nn OWN PNA NNO �d P ¢¢ I 00 I I1�O �J OBI MM a. OHO OMw NEON N, NCO N d0Y 1 C>Z 1 NM O N O K 0 0 O .f O K O N On n O N O O d e O M O W O H 12 2 1 KKM 1 w" I O N Opt O C ad Opt Od Ow 00 06 00 a, - O�iS O�OV f�''��!. 0 O06 00 OQ OO O¢ ON 00 06 On 000 OMJ Ovl V1 VIN. d dul> I M I I I C 1 M I J F I I N Z 1 M I N O I O W 1 C O I 1 U O 1 1 £ 1 Q Z Q I M a 11-1 r Iwa 1 Iwx 1 .} c z a N � d to I w 1 r 1 7 I O 1 C w I O I \F I N I Y Q I \ I u c 1 •o I W I N I S I \ I U I d I 1 O I Y I I Z I O I m I O p N 1 I U • Z I I �t K I • O I N O I O Z I N LL I I W O M 1 6 I J 6 1 w¢ O I C N A 1 6S I 3P O �1 Zu 1 O O Q I 0 1 ZO N I K O I O O \J Z I O> I N NMm P I I z I C \M O l w W > I > C • • I W I �O w£w 1 OU I V1M C60 1 Z1 V 6 K1 0 O I Po 1 > Z I N A W OF- 1 ZZ 1 ON K 6"1 1 W •-1 I O" LL 1 u 1> 1 O N K. 062 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 15, 2007 BUSINESS SESSION: _ ITEM TITLE: Receive and File Transmittal of Treasurer's Report for March 31, 2007 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Receive and File Transmittal of Treasurer's Report dated March 31, 2007 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, /\ti - dz-V7_ John M. Falconer, Finance Director , 063 Approved for Submission by: ` �60 Thomas P. Genovese, City Manager Attachment 1: Treasurer's Report, City of La Quinta 0 0 :t E A l l AUHIVItN 11 T4ht 4 4 Q" MEMORANDUM TO La Quinta City Council FROM John M Falconer, Finance Director/Treasurer SUBJECT Treasurer's Report for March 31, 2007 DATE: April 30, 2007 Attached is the Treasurer's Report for the month ending March 31, 2007. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other EndingChange Cash (3) $ 5,981,498 (1) $ (5,586.536) $ 394,962 $ (5,586,536) LAIF 46,786,025 5,150,000 (21,100,000) 0 30,836,025 (15,950,000) US Treasuries (2') 115,546,619 31,000,000 (34,000,000) 105,555 112,652,174 (2,894,445) US Gov't Sponsored Enterprises (2) 29,414,803 121,750 29,536,553 121,750 Commercial Paper (2) 18,949,964 12,000,000 (16,000,000) 13,528 14,963,492 (3,986,472) Corporate Notes 2,928,625 3,719 2,932,344 3,719 Mutual Funds 2,722,320 1,924,832 1 4,647,152 1,9245832 Total $ 222.329,854 $ 50,074,832 $ 76.686,536 $ 244,552 $ 195.962,702 $ 26,367,152 I certify that this report accurately reflects all pooled investments and is in compliance with the Califomia Government Code, and is in conformity with the City Investment Policy. As Treasurer of Ire City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. ' AA John M Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month (2) The amoun: reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments 4/ 3 ol2—oo 7 Date (3) The crash account may reflect a negative balance This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 3 Treasurer's Commentary For the Month of March Cash Balances — The portfolio size decreased by $26.3 million. The major reason for the decrease was the semi-annual debt service payment of $6.1 million due on March 15t and a property purchase of $20.0 million for the Mazella property on March 161h. Investment Activity — The Treasurer used available LAIF funds to purchase the Mazella property, which is just west of the Costco building and just east of the Chevron along Highway 111. In addition, maturing U.S. Treasury Bills were reinvested for three months instead six months to take advantage of a slightly better yield. Also, mutual fund holdings with the bond trustee ,U.S. Bank, were increased to pay for expected disbursements for the Vista Dunes and Watercolors Affordable Housing projects. The sweep account earned $ 10,078 which is greater than normal because of outstanding pass through checks not being promptly cashed. The bank fees for the month were $ 2,038 which resulted in a net increase of $ 8,040 in real savings. Portfolio Performance — The overall portfolio performance decreased by two (2) basis points and ended at 5.15% for the month. This was primarily due to the greater amount invested in mutual funds at the end of March, yet the portfolio yield was sixteen (27) basis points over the benchmark which had decreased by three (7) basis points from February. With the short average maturity of 67 days, the portfolio yield should remain at these levels. The Treasurer will continue to invest in short term investments based upon the yield curve. At this time last year, the portfolio was yielding 4.31 % and the benchmark was at 4.63% for a 32 point difference so we have made progress in meeting our benchmark. The Treasurer has been investing more in LAIF and has not been investing in longer than six months Treasury securities or in will be investing in longer than six months GSE's based upon the yield curve to take advantage of yield spreads. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the inverted yield curve — Commercial Paper with 30 to 60 day maturities and Bond proceeds will be laddered in three and six month Treasury bills as they mature. GSE's, which have been rolled over for six months may be rolled over for a longer one year term to increase the average maturity since rates appear to be gradually trending downward. 0 6 er V 0 x > R R N �a o.o �mmm H 3 3 3 ". 0 0 � O O X > M 3 O Nan m a 5 5 � N�� 3 y D r 4 O o NDTD� m m 3 � ' m m m m o N - 0 di e m 'u_ a m 3 ° m T% m 3 x x z m 3 c o d N D wow ° 3. `S10 e 2 H ' 'o2 o 'm m n qq3^�3 i6 mrQ p v_ m °O c n �. 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W $ W a � =fig c t8n�' n8q y8n my $8� Eo ? y� mppE `�ry CJO� p�p EgE� m }afF V9 Ny" - as 1O- �g�p bur@�9N KI iSNNt p��jo F UNJJ�f°fF ESN I-UNJJ6V�F ui�NN{}'[g�c FUNJJRY F mog 2g-' S�n A r ^ O N r O d n W W m N W W N V N CJ y N W N W M A Cl m W{�� r OpI { tOV VA f W N nmJ O A t`l N N M r m W _ N N ^ O WW O N � A A A p m� 'D lN0 O a nuMio Vd] m vmio o �i u oN"r'n o t/l W J N V m m 0 d M 10 m W A A LL Q W M C'1 Y A N N 1yy0 W O b p Is V O Ian n N N V O V q (WO m 0 T d O m O N N- M qy 10 N b N b75 N a N mm pW N V Odi ivOj � a V OI M O� O� LL 0 Y V p N N A�-Nm NNO O OWi f �QV „AW d ��pp V V yy NO1�m6� O 1N O _C4 6O A m N m P W LL' C} N ,6 N m d W N W m A O O b O N W p IC W O oa u�M mgF ai d a m M N m M m d m 0 b IWO M N q N LL W m O N d N m^ O W W W O ti+ A W N W mm oy d A W W M O m W n C A q L U C) CN] O A (qIf 10 10+1 WN m O O) WW W N W o ^ w a Q O d O A A M IQ IQyy W d M N H N d M M W m H m m m O N N OI N O N c E L y� O C H CO 'C A � g � N c N� m ii a a m E C C O� V d 0 N 6 N t N m a1 N N ~ V N Q a w pl •c � v� a� 9 y N d d N w m K c� rn C s C1 E i t j 0 N N t N N O 0 L C b d N m a mOrc XO wwwoO I O � d *l 072 10 OM M La Dumb Reconcllgnon of Actual and Surplus FUMs City, Rndevabpmem Agency and Finartcm, AWllerrry March 31, 2007 Balance of ACWal FUMs 195.962 T02 Less Poi Funds (1000) Less NonSurplus Funds (5Nei Balance of Surlus Funds $195381017 Banh Accounls Surplus Surplus Name rverla0ility--s. is _ T e Book Ves Al Yes Wells Fargo Demand No Cui E NeII5Far9n Sweet/ No Sweep 0.59156 - [- irvC.lsr. Demand Np N/A 1000 VJrlp Farpo�Houanp-Demdnp Yes CllechmqI 33962 $ J2962 S 32,962 l man Banh A[counls 5 J9e 862 S 339fi2 $ E 32,962 U S Treasury Ammumal Surylus Surplus L camera, Avan Sur lus Issuer? a Value Yes AC Yesx of New l'prk � DemOYes US Treasury Bl5904,wo SNAD0 5,004,020 k01New 1'Drk-Damantl Yes US Treasury Blll 6,950.671 8950.8)1 8,950,6]f k 0l NewYork. Demantl YesUS Treaury Bll 9,938,3@ 9928382 8,828,302 kolNewyork Demand Yes US Treasury Blll 1{,]59,2fi f4,T59.P 14,759R)B k0l Newyork Demand Yes US Trams B10 9840 W4 8810.001 BBIOOOI Total -US Treasury4m3B0,i06 493m.3'% 49,3m.356 l. Sponsored Enterpnx AculaEJn s Newl'Drk. Demand ofDemand New forpemaMYes kolNewYork-Demand of N—York-Demand XOINex 1'oh-Demand 1'0M�4mand USGp SewrNes I—xx Sur u, Yes Yea Yes Yes Yes Yes Issuer? Fretld2 Mac FHLB FFCB Fre'Ae Mac FHLB FFCB FHL as e-Drsmurut NOtt11 LA..�d 0 3] `1 1d 5 .9 3 SurplususbEian. Yes 2,902,890 1997.933 4.688,451 4,48{,211 T,985,355 {,934259 2463411 29.536553 AC Yeskof 2,98209k 199],933of 408,451 {,{84.210X T,985.355 d.9J{]90,ei 2463411 29,536553 Medmm term NOle CusloOran. Avsla0rlrlY Surpus Issuer? Book Value Surplus Yes Ad Surplus Yee _ _Bank of New Y'orF-CemaN Yes GareralEkdnc Capdal 2932311 ( 29323M�r 29323M ioi.rl M¢tlrum term Paper 2,9323dd 29323U 2,932,344 me Co Paper PLnamdran-Avapaormy Sumnn!- _ Issuer? a Ban. of New Yam Demand yesJonn 0ee2 Capdal Corp Bank Val. Surplus Yes Atl Surplus Yes 2994,439 2,9%439 29&4S9 Oan.ol Newlorh. Oemam Ves Awn Caprral 2,969617 296861] 2869,612 ban. of New lark -Demand yes Amen can Express Credit 2994627 39915P 2,994.527 Win r or New l'erh. Demand Ves Ems".n Epddc Co 2996,242 3996.242 2,996,242 Bank o111 rk. Bemae Ves General Eii Capitol 296846] 67 2980dW 2,988,467 __ Total Pnme Cmrkmks ram pa r 14,9536w 1 R'92 11.963492 LwlApency lnreaMenFund Bapaus 6uMus Nane-AvarlablM StSi Tvro Boats Yes Atl Yes LAIFOrO-Capped Yea $Isle Pool 1].T50,625 1]]SB,826 (219,885) 9,510,110 LAIR RDA - Demand Yes Slate Not 130]6200 130]82[O 1J 0]8200 Total. SI. Pool 30,835,025 NBaRli 219,665 30,616,140 Surplus No AE Surplus No All Funds Actual% Surplus Yea $ (49815fi) $ 1,0]8,801 $ Sm,685 059, 156 (a5m156) No 1,000 S ]62,OW $ 219.685 $ 501,EA5 0]Ols% p.pi$YA Surplus No AC Surylus No All Furals A'F- Surplus Yes 25191 252139% Surplus SurylI Actual Z Tes 150R5% 1511]l% Siurp No Aar ME] All Funds Actual% Surpus Yea 1 d9&% i 5OJ0°e Surplus No AC Surplus No All Funds ACNeI% Surplus Yes ] 6359°h ] 6586•k No Atli Acturl I yes Trust OIry Brvaa . 1 127.613))0 219.63 12),IM.OSS 36.1.195% e£3x08X Tell CRY Cash A ImaMmant, ue,ann1 127.601,732 1 1219.01 1 362,000 1 219,684 1341,fi93 6S ]Ind% 6£xi]]X Flawl Apart ImaFOnelda POnblp-CM1I'IrneAneres Anro2xtl Suplus Surplus Cusbtlran �AvaitaNl Surplus IsscerR Vdlce Yee AdVas 2012 RDA U S Bani Yes U 5 Tea6ury BIII ],911561 ).911,561 ],B11,581 200a Finance,iMlorM -CIP Yes V B TredSury BIII 21,]J8.]92 21 Tae,392 21,]38392 2m2 RDA U S Bank-CIP Yes UStreasUry Blll 8,9W1J8 0.900,236 8,9oo,236 200aroralan1151➢M eIPY ve= USTreasu BIII I 6l2]1.810 63,2]1,016 63,271.618 P'Tt Mutual Fues I pusree llvaJaOrl Bm Ius Money Markel Mutual Fund Book Value Surplus Yea AO Surplus Yes Gvm Center U S Bank Paii YES 1g Amancan 302 302 302 Crv¢CmmrUS Barn-0eMSvc YES iR Anki 1994 RDA US Bank Dust Svc YES 1st Amenwn 1S15RDAUSBank CIP YES 1MAmfrom 1995RDAU5Ba,k-SpeeMFind YES 1star" n 2c01Fn Aum. 1956USBank Espow YES Ism AmerrFan 1Aa RDAUSBank-CIP YES 1VAm¢rpan 1998 RDA U 5 Bank DM Svc YES 1st Amenwn 1 am RBA U S Bank. Speval Fue YES 151 Amancan - 19KORDAUSEli OF YES 1MAm¢ncan 2001 RDA US Bank DM Svc YES Iat Amenwn 2O31 RDA S Bank CIP YES IMAmenwn 2002 RDA US Bank - DM SVC YES IM Amerean 2002 RDA Ui Bank - DIP YES 1MAmerxan 42%038 429.01 429,038 2003 Taxable RDA US Bank -DS YES 151Am¢dan 2003Tudbk ROAD S eank-COI YES 1MAMloan 2003Tmabla RDA S Baki YES tAAmd;kRm 2004 Fm Auth US Bank CIP YES 1atAmerlean 4,217,812 4,217.812 4217.812 2004 Fill ANb US Bank COI YES iMAmenwn ET. —A Mual Fund I,fiO.152 4,B41,152 6,64],152 Super, wAdl Surplus No AN Funds Actual or, Surplus Yes 3220]]% 323838% Surplus No AC Surplus No All Funds Actual% Surplus You 23T1{% 2J]BS% TWI FboI AM M maspronmY e],916,9T0 67918970 1 16),911.9)0 Me591% M.162$% r GrantlTwl 19s9ez,Tpx1 us e90 T0: (:11 ns,3el,pn1 $6x.009 1 219,5851 1100.11 x 11 Ce e ° e N O M M W J d O W n N lV e e e e ry e -a e N YO] O ONi W 0 L e \ \^ LL N N 0 0 N q p�on°n n L m N W m N o A y m O d N d iD O e e ° N O W W N M Z O d W (O N y e Q O N N O N n d N M N m ..nceeMe N fD N O� M d N 6 m M M a J m m rn n� n �eM p O r m 0 V Y m J d a M a EE EE EE EE �E w m v u i u v m u u d m u m m Loc,E m�E ma,E �wE mvE m&E �vrnE Qad �av m> w- a v LL LL G LL' LL LL Q f[ d LL Q 4' d LL Q g LL a a W a rc a LL a- �O O O j _ 0 0 0 m O O O O m T 0 0 0 0 O O O m O O O O m T O O O T O m W W W r O L L L T c O� L L L L L C L L C L L C L C L L N T E E N E",�E E `?' E E£ N �.' N ` E E€' `m �E `�?' `m m EE E N E EE W o 0 o m A Ai m J W W W m m J W W W y m m n y W W W m m W W W m J W W W tu m m y W W W tu m m y J W W W F N Q C N H% N N N L I d d N L N y N a L N p1 y N L d d d N L N y y d L 2 W y y y y N 62. w- 75 K- 0 JCC2E JC ry my >C >L ` mJ<ECM aaana aL�a`ina>5 a`a`a`ina5 i,. % 12 O75 ,a T-df 4 4 agum AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 15, 2007 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report for March 31, 2007 CONSENT CALENDAR: 61(U11X&1* YCQ►`li PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the March 31, 2007 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director /Approved for submission by: 6 r e�� Thomas P. Genovese, City Manager Attachment! 1. Revenue and Expenditures Report, March 31, 2007 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/0112006 - 313112007 FUNDS BUDGET RECEIVED 7 RECEIVED Genre $34,413, 07100 $23,018,54243 6690% Library 2,111, 61700 32,452M 150% Gas TaK Revenue 939,481 00 783,422 66 83 40% Federal Assistance 454,745 00 000 000% Urban Forestry 000 000 000% Slesf(Cops) Revenue 102,70000 100,30784 9770% Local Lire Enforcement 000 000 0.00% Indian Gaming 188,55000 186,18366 9870% Lighting B Landscaping 890.90000 457,189.63 5130% RCTC 2,374,00700 46,83188 200% Development Funding 000 000 000% Crime Violent Task Force 177,81000 133,90148 7530% AB 939 500.000 00 216,207 08 43 20% Quimby 1,944,900 00 1,924,455 71 98 90% Infrastructure 20,80000 17,62096 8480% Village Parking 000 000 000% South Coast Air Quality 52,400 00 39,952 22 76 20% Cmaq/1s4ea 000 000 000% 'transportation 1,390,60000 1,268,66049 9270'0 Parks 8 Recreation 446,000 00 351,000 00 78 70 % Crvtc Center 341,00000 323.46298 9490% I ibrary Development 177,50000 139,47100 7860% Community Center 75,30000 61,20221 8130% Street Facility 54,30000 49,66084 9150% Park Facility 13,60000 11,06056 8130% I ire Prolechon Facility 74,500.00 54,91431 7370% Arts In Fublic Places 138,10000 119,65447 8660% Interest 41location 000 000 000% Capital Improvement 124,896,32400 19,556,23440 1570% Eiqupment Replacement 628,90000 607,37633 9660% Information Technology 411, 20000 407,84674 9920% Park Equipment S Facility 384,722 00 379,534 96 98 70% SAverRock Golf 3,427, 11000 2,448,034 98 71 409/0 SilverRock Gott 68,62600 1,04455 150% LQ Public Safety Officer 2.60000 2,49505 96 00% La Qumta Financing Authonty 6,624,395 00 6,446,440 52 97.30% RDA Project Area No 1 60,311,20400 34,008,85262 564095 RDA Project Area No 2 61,452,04500 17,790,95989 29009. Total $305 089,207 00 1,111 004,983 30 36 40 ".1 0/1 2 CT' OF LA QUINTA EXPENDITURES ALLr UNDS 0710112006- 3131/2007 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $35,299, 13400 $18807,65873 $54,14150 $16,437,33377 533% Library 3,569,27500 527,86537 000 3,041,40963 148% Gas Tax 1440,41800 1342.95478 000 9743322 932% Federal Assistance 36592100 000 000 365,92100 00% Urban Forestry 000 000 000 000 00% Slesf(Cops) Revenue 10140000 8293963 0DO 18,46037 818 % Local Lao Enforcement 000 000 000 000 00% Indian Gaming 201,14200 73,48119 000 127,66081 365% Lighting 6 Landscaping 922,59400 676,09849 000 246,49551 733% RCTC 2,374,26200 46,83188 000 2327,43012 20% Development Agreement 000 000 000 000 00% CV Violent Crime Task Force 102,70000 32,68292 000 69,81708 320% AB 939 88, 184 DO 64,033 34 000 24.150 % 72 6% Quimby 116,65000 (3515(3) 000 11700156 -03% Infrastructure 508,83200 16,14244 000 492,68956 32% Village Palling (189300) 000 000 (189300) 00% South Coast Air Dual ty i 26,60000 10,36358 000 16,23632 390% CmagBstea 000 000 000 000 00% Transportation 6,600,60300 1,075,934% 0Do 552466834 163% Palls B Recreation 24522600 8285409 000 162,37191 338% Civic Center 12.101,75800 2,347,79816 000 9.75395984 194% Library Development 120,00000 79,33155 000 4066845 661% Community Center 000 000 000 000 00% Street Facility 87,92300 2,71250 D00 8521050 31% Park Facility 000 0DD 000 0DO 00% Fire Protection 50,0D000 36,72441 0DO 13,27559 734% Ads In Public Places 656,95000 125,11914 000 531,830 BE 190% Interest Allocation 000 000 000 000 00% Capital Improvement 124896, 32400 19 556,234 40 44,28979 105,295,79981 157% Equipment Replacement 1,265,908 DO 167,02782 26,09871 1072,78147 132% Information Technology 689,95400 189,82959 000 50012441 275% Park Maintenance Faolby 000 000 000 36,90000 00% SilverRack Golf 4.229.72800 3,074,09771 0Do 1, 15563029 727% SIIVerROClr Reserve 37,21100 3721100 000 000 1000% Lq Public Safety Officer 2,00000 000 000 2,00000 00% La Quinta Finandng Authority 6624419 OD 6456,79582 000 167,62318 975% RDA Project Area No 1 81,631,99300 35,717,16397 000 45,914,82903 438% RDA Project Area No 2 110,502,66000 44,482,35953 000 55 020,300 47 403% Total 4,857 876 D0 $135,112 125 24 $124,53000 2 9, ,t2D76 342% 'W'i 0 7 U 3 CITY OF LA OUINIA 07/01/2006 - 3/3112007 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1,417,60000 980,57670 437,02330 69170% No Low Property Tax Distnbulion 1,733,50000 1,27g,36198 454,13802 7380G% Sales Tax 6,484,12500 4,562,51799 1.921.60701 70360% Gales Tax Reimbursement 2,202,70400 1, 143,81044 1,058,89356 51930% Document Transfer Tax 1,017,20000 531,40129 485,79871 52240% Transient Occupancy Tax 4,895,00000 2,924,88776 1,970, 11224 59750% Transient Occupancy Tax - Mitigatei 299,05000 14,00067 285,04933 4.680% Franchise Tax 946.700 00 456,038 38 490,661 62 48 170 % TOTAL TAXES 18,995,87900 11, 892,59521 7,103,28379 62610% LICENSE & PERMITS: Business License 252,30000 236,99050 15,30950 93930% Animal License 17,00000 13,86050 3, 13950 81530% Building Permits 558,60000 617, 18278 (58,58278) 110490% Plumbing Permits 84,40000 95,25150 (10,85150) 112860% Idechamcal Permits 47,60000 55,14670 (754670) 115850% Electrical Permits 65,50000 87,71536 (22,21536) 133.920% Garage Sale Permits 10,600 00 10.34000 26000 97 550% Misc Parmes 9110000 12877319 (3767319) 141350% TOTAL LICENSES & PERMITS 1,127,10000 1.245,26053 (118,16053) 110480% FEES: Sale of Flaps & Publications 5,50000 281440 2,68560 51 170% Community Services Fees 398,70000 337,13622 61, 56378 84560% Finance 2,00000 1,03250 96750 51630% Bldg &Safety Fees 527,200 GO 543,96549 (16,76549) 103180% Community Development Fees 222,40000 134,92500 87.475.00 60670% Pubic Works Fees 759,400 00 1,12661745 (367 217 45) 148 360 % TOTAL FEES 1,915,20000 2,146,49106 (231,29106) 112080% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,311,65000 1,703,854.33 1,607,79567 51450% Motor Vehicle Code Fines 143,800 00 59,505 77 84,294 23 41 380% Parking Violations 25,70000 41,94700 (16,24700) 163220% Misc Fines 137,00000 108,60019 28,39981 79270% AB939 coo 0.00 000 0 000 % Federal Govt Grants 000 26.78400 (26,78400) 0000% County of Riverside Grant 000 000 0.00 0000% Stale of California Grant 15,20000 17,256,08 (2,05608) 113530% Fire Services Credit 4.214,40000 2,015,57620 2,198,82380 47830% CSA152 Assessment 202,40000 198,04289 435711 97850% TOTAL INTERGOVERNMENTAL 8,050,15000 4,171,56646 3,878,55354 51820% INTEREST 3,987,30000 3,374,93584 612,36416 84640% MISCELLANEOUS Miscellaneous Revenue 4,90000 29,70181 (24,80181) 606160% Assmnl Dist Surplus 000 1,52616 (1,52616) 0000% Other Mitigation Measures 000 000 000 0 000 Litigation settlement 0,00 000 000 0000% Cash Over/(Short) 000 44.54 (44 54) 0000% TOTAL MISCELLANEOUS 4,90000 31.272 51 (26,372 51) 638.210% TRANSFERIN 332,54200 156,42082 176,12118 47.040% TOTAL GENERAL FUND 34.413,07100 23,018,54243 11,394,52857 66890% n 0710112006 - 3131/2007 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT' LEGISLATIVE 906,25000 505,41048 000 400,83952 CITY MANAGER'S OFFICE 1, 180,46800 766,36559 000 414,10241 ECONOMIC DEVELOPMEN 165200000 1, 193,59064 OW 458,40936 PERSONNEL/RISK MGT 980,66700 700,55235 OW 280,11465 TOTAL GENERAL GOVERNMENT 4,719,38500 3,165,91906 000 1,55346594 CITY CLERK 599,47100 404,53600 000 194,93500 TOTAL CITY CLERK 599,47100 404, 53600 000 194,9350q COMMUNITY SERVICES PARKS B RECREATION AD 1.182,77600 908,89408 50025 27338167 SENIOR CENTER 397,867W 25103037 000 146,82563 PARKS B RECREATION PR 187.31600 172.W926 27100 14.67574 LIBRARY 869,27500 310,49735 000 558,77765 PARK MAINTENANCE 1,249,68500 1,019,58694 000 230, D9805 TOTAL COMMUNITY SERVICES 3, 886, 90900 2,662,37800 77126 1,223,75975 FINANCE: BUILDING 8 SAFETY: PUBLIC SAFETY: FISCAL SERVICES 913,95400 620,73045 000 293,22355 CENTRAL SERVICES 42951700 333,832W 000 95,68404 TOTAL FINANCE 1 343,471 00 954,56341 000 388,90759 BUILDING B SAFETY - ADM 389,32700 268,59528 000 120,73172 BUILDING 1,175,25500 914,74124 000 260,51376 CODE COMPLIANCE 91 8672 00 592,22218 000 326,44982 ANIMAL CONTROL 417,38100 237,99400 000 179,38700 CIVIC CENTER BUILDING-( 1,103,69300 80150881 000 302, 18419 TOTAL BUILDING B SAFETY 4,004,32800 281506151 000 1,189,26649 POLICE SERVICES 9455,11700 2.916.94689 1 244 65 6,536,92546 FIRE 4,214,37300 2,007.1W 63 000 2,207,2%37 EMERGENCY SERVICES 18421600 55.34402 1, 03024 127,84174 TOTAL PUBLIC SAFETY 13,853,7X 00 4979,39754 227489 8,872,03357 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMEI 1480552W 581,81915 000 198,73285 CURRENT PLANNING 1.03061700 393,39524 000 637,22176 TOTAL COMMUNITY DEVELOPMENT 2,511, 16900 1075,21439 000 1,435.95461 PUBLIC WORKS: (389,171 00) PUBLIC WORKS ADMINIST 662,5%00 324,57941 8,00000 330, 01659 DEVELOPMENT B TRAFFIC 1, 119,84100 68891907 4,17000 426, 75193 MAINT/OPERATIONS -STR 2,350,78800 1060,57810 37,60000 1.262,60990 MAINT/OPERATIONS - LTG 2,014, 32700 1,34645711 000 (367,86989 MAINT/OPERATIONS -TRA 776,18300 135,00373 000 (341,17927 CONSTRUCTION MANAGE[ 975,46400 874,30746 1,32536 99.83118 TOTAL PUBLIC WORKS 7,909,19900 4,429,84488 51,09535 3,039.08776 TRANSFERS OUT 1,687,56400 1,049,26270 000 638,30130 GENERAL FUND REIMBURSEMENTS IS216,W800) (2, 728, 51876) 000 (248754924) NET GENERAL FUND EXPENDITURES 35.299, 13400 18,807 658 73 54,14150 16,437 333 77 7 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,071,01700 000 2,071,01700 0000% Contributions 000 coo 000 0000% Interest 40,80000 3245285 834715 79540% TOTAL LIBRARY 2,111,81700 32,45285 2,079,36475 1540% GAS TAX REVENUE: Section 2105 224,400 00 176,075 57 48,324.43 78 470% Section 2106 158,100 00 123,443 56 34,656 44 78 080% Section 2107 299,100.00 234,42977 64,67023 78380% Section 2107 5 6,200 00 6,00000 20000 96 770 % Traffic Congestion Relief 233,68100 233,68074 026 100000% Interest 18,00000 9,79302 820698 54410% TOTAL GAS TAX 939,481 00 783,422 66 156,058 34 83 390 FEDERAL ASSISTANCE REVENUE: CDBG Grant 454,74500 000 454,74500 0000% Interest 0.00 000 000 0 000 % TOTAL FEDERAL ASSISTANCE 454.74500 000 454,74500 0000% URBAN FORESTRY Grant Revenue 000 000 000 0000% Interest 0.00 000 000 0 000 % TOTAL URBAN FORESTRY 000 000 000 0000% SLESF(COPS)REVENUE: SLESF(Cops) Funding 100,00000 10000000 000 100000% Interest 270000 30784 2,392 16 11 400 % TOTALSLESF(COPS) 102,70000 100.30784 2,39216 97670% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 000 000 000 0000% Interest 000 000 000 0000% Transfer m 0 00 000 000 0000% TOTALL.LEBG 000 000 000 0000% INDIAN GAMING Grant reeenue 177,25000 177,25000 000 100000% Interest 11 300.00 8,93366 2,36634 79 060 % TOTAL INDIAN GAMING 188,55000 186.18366 2,36634 98740% LIGHTING & LANDSCAPIN13 REVENUE: Assessment 890,90000 457,18963 433,71037 51320% Developer 000 000 000 0000% Interest 000 000 000 0000% TOTAL LIGHTING B LANDSCAPIN 890,90000 417,189.63 433, 71037 51320% RCTC RCTC Funding 2.374,00700 46,83188 2,327,17512 1970% Transfer m 000 0.00 0.00 0 000 % TOTAL RCTC 2,374,00700 46,83188 2,327,17512 1970% DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 000 000 0 000 % Interest 0.00 000 000 0 000 % Transferor 000 000 000 0000% TOTAL DEV AGREEMENT 000 000 000 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 82,25000 104,35876 (22,10876) 126880% Grant revenue -JAIS 87,96000 21, 22892 66,73108 24130% Ct ET Line 6,00000 6,08703 (8703) 101450% Interest 1,60000 2,22677 (626 77) 139 170% TOTAL CRIME VIOLENT TASK FO 177,810 00 133,901 48 43, 908 52 75 310% AS 939 REVENUE AB 939 Fees 450,000 00 175,076 70 274,923 30 38 910% Interest 50,00000 41,13038 8869.62 82260% TOTAL QUIMBY 500,000.00 216,207.08 28 ,79292 43.240% QUIMBY REVENUE: Quimby Fees 1,672,00000 1,632,78916 39,21084 97650% Interest _ 272 900 00 291 666 55 (128 766 55) 106 880 TOTAL QUIMBY 7,944,90000 1,924,45577 20,44429 98950% INFRASTRUCTURE REVENUE: Utility refund 000 000 000 0000% Interest 20,80000 17,62896 3,171.04 84750% Transfer n 000 coo 000 0 000 % TOTAL INFRASTRUCTURE 20,80000 17,62896 3.17104 84750% VILLAGE PARKING REVENUE: Interest 000 000 000 0000% TOTAL VILLAGE PARKING 000 000 000 0000% CITY OF LA OUINI'A REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S CA 61 Contribution 45,000 00 3371434 11,285 66 74 920 % MSRC Funding 000 000 000 0000% Street Sweeping Grant 000 000 000 0 000 % Interest 7,40000 6,23788 1,162.12 84300% TOTAL SCAO 52,400 00 39, 952 22 12,447 78 76 240% CMAO/ISTEA CMAO/ISTEA Grant 000 000 000 0000% Interest 000 000 coo 0.000% TOTAL CMAO/ISTEA 000 0 00 000 0000% TRANSPORTATION Developer fees 1,096,20000 1,063,40904 3279096 97010% Interest 294,40000 225,25145 69, 14855 76510% frai l In 000 000 000 0000% 'TOTAL TRANSPORTATION 7390,60000 1,288,66049 101,93951 92670% PARKS 8 RECREATION Developer fees 446,00000 351,00000 95,00000 78700% Interest 000 000 000 0000% Transfer in 000 000 000 0 000 % TOTAL PARKS & RECREATION 446,000 00 351,000 00 95,000 00 78 700 % CIVIC CENTER Developer fees 256,00000 268,75310 (12,75310) 104980% Interest 85,00000 54,70988 30,29012 64360% Transfer in 000 000 000 0 000 % TOTALCIVIC CENTER 341,00000 323,46298 17,53702 94860% LIBRARY DEVELOPMENT Developer fees 177.500 00 139,471 00 38.029 00 78 580 % Interest 000 000 000 0000% lransferm 000 0.00 000 0000% TOTAL LIBRARY DEVELOPMENT 177,50000 139,471.00 38,029.00 78580% COMMUNITY CENTER Developer fees 37,00000 28, 71400 8,28600 77610% Interest 38,30000 32,48821 5,81179 84830% TOTAL COMMUNITY CENTER 75,30000 61,20221 14,09779 81280% STREET FACILITY Developer fees 44,10000 39,53401 4,56599 89650% Interest 10,200 00 10,126 83 7317 99 280 % TOTAL STREET FACILITY 54,30000 49,66084 4,63916 91460% PARK FACILITY Developer fees 11,00000 8,66800 2,33200 78800% Interest 2,60000 2,39256 20744 92020% TOTAL PARK FACILITY 13,60000 11,06056 2.53944 81330% FIRE PROTECTION FACILITY D eveloper fees 74,50000 54,91431 19,58569 73.710% Interest 000 000 000 0.000 % TOTAL FIRE PROTECTION FACILI 74,500 00 54,914 31 19,585 69 73 710% ARTS IN PUBLIC PLACES (REVENUE: Arts In Public Places 9750000 86,331 78 11,168 22 88 550% Arts in Public Places Credits Applied 000 000 11 0000% Interest 40,60000 3332269 727T31 82080% TOTAL ARTS IN PUBLIC PLACES 138,10000 119,65447 18,44553 86640% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 000 000 000 0 000 % Transfer In 000 000 000 0000% TOTAL INTEREST ALLOCATION 000 000 000 0.000% 08` N CITY OF LA QUINI'A ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD Countyof Riverside Surface Transportation Funding City of Indio OSUSD SB300 Funding RCTC 13BB21-13icycle Path Grant Slate of California APP Contribution Developer Agreement Funding 1-nigation Settlements 'rransfels in From Other Funds TOTAL CIP REVENUE 15,851 492 00 2,228,11201 13,623,37999 14060% 848,47900 000 848,47900 0000% 000 000 000 0 000 % 1,674,43000 203,06700 1,471.36300 12130% 2,625,94200 79,39000 2,546,55200 3.020% 82,65600 79,39000 3,266,00 96050% 000 000 000 0000% 000 000 000 0000% 25,099 00 0.00 25.099 00 0000% 25,59800 45,74800 (20,15000) 178,720% 000 000 000 0000% 566,21500 126,89603 439,31897 22.410% 000 000 000 0 000 % 103,196 413 00 16 793 631 36 86,402,781 64 16 270% 124,896,324,00 19,556.23440 105.340.08960 343 EQUIPMENT REPLACEMENT FUND: Equipment Charges 487,00000 486,99900 100 100000% Capital Contribution 000 0.00 000 0,000% Sale of Fixed Asset 12,400 00 12,400 00 000 100 000 % Insurance Recoveries 000 000 0.00 Interest 129,50000 107,97733 2152267 83380% Transfers In 000 000 000 0000% TOTAL EQUIPMENT REPLACEME 628,90000 607,37633 21,52367 96580% INFORMATION TECHNOLOGY FUND' Charges for services 373,500 00 373,500 00 000 100 000 % Capital Contnbutwn 000 000 000 0 000 % Sale of F ixed Asset 000 000 000 0000% Interest 37,70000 34,34674 3,35326 91.110% 1 ransfers In 000 000 0.00 0000% TOTAL INFORMATION TECHNOL( 411,20000 407,84674 3,35326 99A80% PARK EQUIPMENT & FACILITY Charges for services 350,72200 350,72200 000 100.000% Interest 34,00000 28,81296 5, 18704 84740% Capital Contributions 000 000 000 0000% TOTAL PARK EQUIPMENT& FAC 384,72200 379,53496 5,18704 98650% SILVERROCK GOLF - Green fees Range fcas Resident Card Merchandise Food & Beverage AllocateC Interest Inwme Transfer.; In TOTAL SILVERROCK GOLF SILVERROCK GOLF: RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transferin Interest TOTAL LQ PUBLIC SAFETY 2,985,87000 2,131,85055 854,01945 71400% 62,18100 47.05000 15,131.00 75.670% 30,600 00 29,780 00 82000 97.320% 311,248 00 202,143 43 109,104 57 64 950% 000 000 000 0 000 % 000 coo 000 0000% 37211 00 37 211 00 000 100 000% 3,427, 11000 2,448,03498 979,07502 71,430% 1,20000 1,04455 15545 87050% 67,42600 000 67 426.00 0 000 % 68,62600 1,04455 67,58145 1520% 2,00000 2,00000 000 100 000 % 60000 49505 10495 82 510 % 2,60000 2,49505 104 95 95 960 % Ll CITY OF LA QUINTA 0710112006 - 3131/2007 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITUR ES 000 000 000 000 REIMBURSE GENERAL FUND 869,27500 308,20731 000 561,06769 TRANSFER OUT 2.700,00000 21965806 000 2,480,34194 TOTAL LIBRARY FUND 3,569,2] 52 ,8553 0000 3,U41,40963 GAS TAX REIMBURSE GENERAL FUND 855,58100 64168577 000 213.89523 TRANSFER OUT 584,83700 ]Ot29901 000 (11646201) TOTAL GAS TAX FUND 14d0,41800 1,342.984 ]8 000 9,43i 322 FEDERAL ASSISTANCE FUND: TRANSFER OUT )ERAL ASSISTANCE FUND 36592100 000 000 395, 92100 URBAN FORESTRY GRANT TRANSFER OUT IRBAN FORESTRY GRANT 000 000 000 000 SLESF(COPS) TRANSFER OUT )TAL SLESF(COPS) FUND 101,40000 82,93963 000 1$46037 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 000 000 000 000 INDIAN GAMING FUND TRANSFER OUT 201.14200 7348119 000 127,66081 TOTAL LIBRARY FUND 20114200 73,4119 00 12 660 1 LIGHTING 8 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 922,59400 676,09849 000 24649551 TRANSFER OUT 000 000 000 000 TOTAL LTGILANDSCAPING FUND 922,59400 676,09849 000 4,49>ti 551 RCTC TRANSFER OUT 2,374,26200 46,83188 000 2,327,43012 TOTAL RCTC 2,374,26200 46,83188 000 ,43012 DEVELOPMENT AGREEMENT FUND CONSTRUCTION D00 000 000 000 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL DEV AGREEMENT FUND 000 000 coo Oro - CRIME VIOLENT TASK FORCE OPERATING EXPENSE$ 102, 70000 32,88292 000 6981708 TRANSFER OUT 000 000 000 000 TOTAL CRI61E VIOLENT TASK FORCE 102,700 00 32,8829 000 _8 AS 939 OPERATING EXPENSES 79,43000 64,03334 0D0 15,39666 TRANSFER OUT 8,75400 000 000 6 754 00 TOTAL AS 939 58,18400 64,03334 000 24,1 K 65 QUIMBY FUND: TRANSFER OUT 116,65000 (351 56) 0 DO 111.001 56 INFRASTRUCTURE FUND CONSTRUCTION 52,10000 52,10000 000 000 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT 456]3200 (35,95756) 000 49288958 TOTAL INFRASTRUCTURE 508,83200 161d2 d4 000 d,?N 36 VILLAGE PARKING TRANSFER OUT . VILLAGE PARKING FUND (1,89300) _ 000 000 (189300) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,60000 10,36363 000 1623632 TRANSFER OUT 000 000 000 000 TOTAL SOUTH COAST AIR QUALITY 2660000 10,36368 000 1623632 CMAOIISTEA TRANSFER OUT TOTAL CMAQIISTEA FUND 000 000 000 0DO TRANSPORTATION PROGRAM COSTS 000 000 000 000 CONTRIBUTION 000 000 000 000 TRANSFER OUT 6600.60300 1075.93466 000 5, 524,66834 TOTAL TRANSPORTATION 6,600,60300 1,075,9346fi 00 5524,66834 PARKS 3 RECREATION INTEREST ON ADVANCE 120,00000 8285409 000 37,14591 TRANSFER OUT 125,22600 000 000 12522600 TOTAL PARKS B RECREATION 245,22600 82,85409 000 162,37191 CIVIC CENTER PROGRAM COSTS 000 000 000 000 REIMBURSE GENERAL FUND 203,66000 152,74499 000 50,91501 TRANSFER OUT 11,898.09800 2,195,05317 000 9, 703,04483 TOTAL CIVIC CENTER 12, 101, 5800 2,34 ,7981fi 065 9, 3,9 84 LIBRARY DEVELOPMENT PROGRAM COSTS 000 000 000 1)00 INTEREST ON ADVANCE 120,00000 79.33165 000 40,66845 TRANSFER OUT 000 000 000 0D0 TOTAL LIBRARY DEVELOPMENT 120,00000 79,33155 000 40,8 845 •01,;, . 0 8 P-1 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 0710112006 - 3131/2007 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS coo 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL COMMUNITY CENT ER 000 000 O-Ob STREET FACILITY PROGRAM COSTS 000 000 000 0OD TRANSFER OUT 8792300 271250 000 85.21050 TOTAL STREET FACILITY 92300 2,]12 0 000 85,1050 PARK FACILITY PROGRAM COSTS 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL PARK FACILITY 000 00 0 000 FIRE PROTECTION INTEREST ON ADVANCE 50,00000 36,72441 000 1327559 TRANSFER OUT 000 000 000 000 TOTAL FIRE PROTECTION DIF 500000036, 441 000 13, 9 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30, 00000 2771696 000 2,28304 OPERATING EXPENSES APP 180000 000 000 180000 ART PURCHASES 425, 15000 97,40218 000 327,74782 TRANSFER OUT 200,00000 000 000 200,00000 TOTA L ART IN PUBLIC PLACES 656.95000 125719 000 31,63086 CAPITAL IMPROVEMENTFUND PROJECT EXPENDITURES 123.529,56500 19,355 099 20 44,28979 104.130, 17601 PROJECT REIMBURSEMIENTS TO GEN FUND 1,366,75900 201,13620 000 1,165.62380 TRANSFER OUT 000 000 000 TOTAL CAPITAL IMPROVEMENT 124,896,324 00 19, 556,234 40 44,2 105 291 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 608,90800 167,02782 26,09871 415,78147 TRANSFER OUT 657,00000 000 000 657,00000 TOTAL EQUIPMENT REPLACEMENT FUND 1265,90800 167, 2 82 26,098 1 1,072, 8147 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 689,95400 189,82959 000 500,12441 TOTAL INFORMATION TECHNOLOGY FUND 68995400 18982959 000 500,1 441 PARK MAINTENANCE FACILITY OPERATING EXPENSES 36.90000 000 000 3E,90000 TRANSFER OUT 000 000 000 000 TOTAL PARK MAINTENANCE FAC 00 0 00 0 36,90000 SILVERROCK GOLF OPERATING EXPENSES 4, 162,30200 3,074.09771 000 1,08820429 TRANSFER OUT 67.42600 000 000 6142600 TOTAL SILVERROCK GOLF 4,229,72800 3,074,09771 000 1, 155,6302 SILVERROCK GOLF RESERVE TRANSFER OUT 37,21100 3721100 000 000 TOTAL SILVERROCK GOLF RESERVE 37,21100 3,211 0 000 000 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS \ QUINTA PUBLIC SAFETY 2,00000 000 000 2,00000 085 10 "P- 066 11 2it!t 4 XP Qum& AGENDA CATEGORY: COUNCIURDA MEETING DATE: May 15, 2007 ITEM TITLE: Approval of a Contract Change Order to GKK Works for Interior Millwork, Tile and Miscellaneous Finish Accessories for the City Hall Expansion, Project No. 2002-01 BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 00023 (Attachment 1) to GKK Works in the amount of $639,831 for interior millwork, tile and miscellaneous finish accessories for the City Hall expansion. FISCAL IMPLICATIONS: The current budget for the project includes sufficient funding for this change to the contract. No additional appropriations are necessary. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 19, 2006, the City Council awarded a contract to GKK Works for the construction of the City Hall expansion. The interior finish design of the project was not completed at that time and therefore was not a part of the contract. Rather than wait for the interior design work to be completed, the project was bid and awarded without that component in an effort to expedite the construction. There were sufficient funds allocated to the project for that specific purpose, and it was determined that the work would be added to the scope of the project via a negotiated change order at a later date. Once the construction documents for the millwork (built in furniture, bookcases, wood trim, etc.) were completed, the interior design firm working for the City, solicited bids .4.. - 087 Once the construction documents for the millwork (built in furniture, bookcases, wood trim, etc.) were completed, the interior design firm working for the City, solicited bids from four manufacturers for the construction and installation of the millwork. The low bid price, with the applicable general contractor mark-up as allowed by the job specifications, is equal to the amount of the proposed change order. As a result of this process, staff is confident the change order dollar amount represents a fair price to the City. FINDINGS AND ALTERNA The alternatives available to the City Council include: 1. Approve Contract Change Order No. 00023 to GKK Works in the amount of $639,831 for interior millwork, tile and miscellaneous finish accessories for the City Hall expansion; or 2. Do not approve a Contract Change Order No. 00023; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: A Thomas P. Genovese, City Manager Attachment: 1. Proposed Change Order 083 `A GKKWORKS ATTACHMENT 1 PROPOSED CHANGE ORDER 2355 Main Street Suite 220 No. 00023 Irvine, CA 92614 Phone: 949-250-1500 Fax: 949-767-5762 Title: ID Drawings / Millwork Project: La Quinta City Hall To: Jesse Fescas PW Construction 51081 Avenida Mendoza Unit A La Quinta, CA 92253 Phone:760-702-3307 DESCRIPTION OF PROPOSAL Date: 4/5/2007 Job: 07600 This PCO is for all additional costs for the millwork. Scope includes furnish and installation of a complete millwork scope per Impact Interiors design drawings and new control package per the City of La Quinta's request. It also includes an allowance for wood base and other miscellaneous interior finishes costs such as toilet accessories and ceramic wall tile. Item Description Quantity Units Unit Price Net Amount 00001 Millwork 1.00 $455,014.00 $455,014.00 00002 Wood Base Allowance 1.00 $60,000.00 $60,000.00 00003 Toilet Accessories 1.00 $17,461.00 $17,461.00 00004 Drywall 1.00 $12,510.00 $12,510.00 00005 Miscellaneous Backing 1.00 $4,000.00 $4,000.00 00006 Painting 3000.00 sf $0.55 $1,650.00 00007 Ceramic Tile 1.00 $19,624.00 $19,624.00 00008 Overhead and Fee 1.00 $57,026.00 $57,026.00 00009 Bond Cost 1.00 $12,546.00 $12,546.00 Total: $639,831.00 By: Date: ✓r By: Owner Date: Owner's Representative Expedition Date: By: ,w Qate: nn c., Architect j 3 imrI�! Y � I i C lw COUNCIL/RDA MEETING DATE: Mav 15, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30023-2, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 30023-2, Trilogy, Shea La Quinta, LLC. and authorize staff to release performance and labor and materials securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30023-2, Trilogy, Shea La Quinta, LLC, is located south of Avenue 60, north of Avenue 62, east of Madison Street and west of Monroe Street (Attachment 1). The improvements include curb & gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. - 0 9''j FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 30023- 2, Trilogy, Shea La Quinta, LLC and authorize staff to release performance and labor & materials securities upon receipt of warranty security; or 2. Do not accept the on -site improvements associated with Tract Map No. 30023-2, Trilogy, Shea La Quinta, LLC and do not authorize staff to release performance and labor & materials securities upon receipt of warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security _ 091 TM 00TRILOGY a A � :7 24 �`Ci®Cull AZ�Q�11 ©©0�+►©�WEN 11 SUN CACTUS LAME I I II �I II u ULMM FINE 8 1/2 BE 1/4 HE Vie MVE S a A O.H. 62 / 203777 p }. H112H1/2 SW HE 1/4 BE 1/4 0 a VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 15, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 30023-2, Trilogy, Shea La Quinta, LLC APPLICANT: Mr. Jeff Davies — Trilogy, Shea La Quinta, LLC ATTACHMENT 2 WARRANTY SECURITY (ON -SITE) 30023-2 Development Name: Trilogy at La Quinta ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials2 Current Amount . Proposed Reduction WARRANTY AMOUNT Streets and Drainage $578,500 $1,157,000 90% $115,700 Domestic Water $187,500 $375,000 90% $37500 Sanitary Sewer' $255,500 $511,000 90% $51100 Monumentation' $0 $127,800 100% $0 Totais $1,021,50D $2,170,800 $204.300 Secuntres posted to County of Riverside Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. TATracts130000-3999%30023 (1-71\External Correspondence\Tr 30023 Ph 1-4 Cond Final Accept Letter.gwi!Page 4 � � `y OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 1 5, 2007 BUSINESS SESSION: _ ITEM TITLE_ Adoption of a Resolution to Extend the CONSENT CALENDAR: Time for Completion of the On -Site Improvements for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to April 15, 2008 for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-7) is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On April 7, 2006, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Trilogy. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " •`W'_ 094 In a letter dated April 25, 2007 (Attachment 2), the developer stated that all the improvements have been completed with the exception of the final lift of paving. The final lift of paving will be completed when the last home is built in this phase. The developer requests a time extension for completion to April 15, 2008. Staff has prepared the attached resolution which provides for approval of the time 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 the on -site improvements as specified in the approved Subdivision Improvement Agreement to April 15, 2008 for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to April 15, 2008 for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. Jo asso P.E. ublic; Works rec /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Trilogy, dated April 25, 2007 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO APRIL 15, 2008 FOR TRACT MAP NO. 30023-7, TRILOGY, SHEA LA QUINTA, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC on April 7, 2006; 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 April 7, 2007, 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 on -site improvements as required by the approved SIA is extended to April 15, 2008. Section 2. The time extension for completing the on -site improvements shall expire when City offices close for regular business on April 15, 2008. 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. Resolution No. 2007- Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC Adopted: May 15, 2007 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151h day of May 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHIERINE JENSON, City Attorney City of La Quinta, California 'Al-l. � �7i K ATTACHMENT -1 TM 30023-7 TRILOGY CITY OF LA QUWA ACT 3=3 4 AVENUE / 60 AVENUE w 62 z 0 0 X z rn v 0 a 71 M VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 15, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of the On -site Improvements for Tract Map No. 30023-7, Trilogy, Shea La Quinta, LLC APPLICANT: Mr. Jeff Davies —Trilogy, Shea La Quinta, LLC 10-... 06, NO Attachment 2 offat La Quinta RECEIVED APB? 2 6 no? :April 25, 2007 Development Services 'Mr. Edward Wimmer, P.E. :City of La Quinta Development Services Principal Engineer :P.O. Box 1504 :78495 Calle Tampico :La Quinla, Ca. 92247-1504 :FX: Tract Map No. 30023-7 Subdivision Improvement Agreement In response to your letter regarding the Subdivision Improvement Agreement for the :above referenced Tract Map, we would like to respectfully request an extension of time :to complete the improvements covered by the agreement- : Please accept this letter as our formal request to extend the completion date of the :subdivision improvements associated with Tract Map 30023-7 to April 15, 2008. All of :the improvements have been completed with the exception of the final lift of paving. :The final lift of paving will be done when the last home is built in this phase. :Please contact me with any questions regarding this request at (760) 272-9798. .Sincerely�r Jeff Davies Shea Homes Community Development Manager Where dreixrrms take flight- 60-800 Trilogy Parkway La Quinta, Ck 92253 P: 760-777-6100 / F 760-777-6119 Trilogyi-ire.com SheaHomes Coring sins r88s Tdfag}mtuQumin txatonnmvnhby Sbra la¢rinm, Ll C, an tndrprndrnr tnuube, Jdrr ShraJmil n(rompnnirsnmrvsatlydogvare by pmml 55yr4n of ugr or akin, +vitl+ urtain rttt;otioru Jot )»anger pen.,. m pmrided by iax and A, gmrndng townams, mralBlons and resu ietlane s„s fin- 09 COUNCIL/B:DA MEETING DATE: Mav 15, 2007 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION:_y CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc., and authorize staff to release off -site performance and labor & materials securities. FISCAL IMPLICATIONS: None. No additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31172, La Quinta Valley Plaza, is located on the northwest corner of State Highway 1 1 1 and Dune Palms Road (Attachment 1). The improvements include perimeter landscaping on Corporate Center Drive and State Highway 111. The applicant: will maintain the perimeter landscaping. All obligations of the Subdivision Improvement Agreement (SIA) and Conditions of Approval have been satisfied through either completion of the condition or through waiver of the condition through litigation. ui em n bus s siefretthmrtacatioa FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the off -site improvements associated with Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. and authorize staff to release performance and labor & materials securities; or 2. Do not accept the off -site improvements associated with Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. and do not authorize staff to release performance and labor & materials securities; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy 13. Jo ass P.E. bl1 Works ire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map ATTACHMENT - 1 PA4 31172 LA QUINTA VALLEY PLAZA MILES AVE N y< a . : V,q4 a W o �� RMWgTER f- TE CENTR DR �z xrt rn f_s HIGHWAY 11.1Of rn LL V LL ) a SITE AVENUE 48. VICINITY MAP NOT TO SCALE „ CITY COUNCIL MEETING: May 15, 2007 ik, ITEM TITLE: Acceptance of Off -Site Improvements Associated with Parcel Map No. 31172, La Quinta Valley Plaza cpMo 01° APPLICANT: Mr. Neil Kleine, President - 1Va. COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE: Authorization for Overnight Travel for the Community Safety Manager and Three Code Compliance Officers to Attend the Tactical Community Safety and Awareness Class Sponsored by the California Association of Code Enforcement Officers in Ventura, CA from May 22-24, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for the Community Safety Manager and Three Code Compliance Officers to Attend the Tactical Community Safety and Awareness Class Sponsored by the California Association of Code Enforcement Officers in Ventura, CA from May 22-24, 2007 (Attachment 1). FISCAL IMPLICATIONS: The costs associated with the attendance at the training course will be funded from Travel, Training and Meetings Fund, account 101-5004-424.51-01 . The attendees will travel by city vehicle to the training. The breakdown of expenditures for the training seminar is as follows: • Registration (3 @ $65) $195.00 • Registration & membership (1 @ $140) 140.00 • Hotel (2 rooms x 2 nights) 392.00 • Meals ($100.00 per person) 400.00 Total $1127.00 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: K, 10 3 This training course will improve the skills and abilities of the Community Safety Manager ,and three Code Compliance Officers by teaching the principles and tactics to enable them to calm difficult people and redirect the behavior of hostile people, diffuse potentially dangerous situations to achieve the desired outcome, and to prepare the Code Compliance Officer for the mental and physical challenges involved in dealing with a hostile public. The course also can be applied toward the continuing education requirements for C.A.C.E.O. certification. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Community Safety Manager and Three Code Compliance Officers to Attend the Tactical Community Safety and Awareness Class Sponsored by the California Association of Code Enforcement Officers in Ventura, CA from May 22-24, 2007; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, f a-;4, lk4" Tom Hartung, Building & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Description of training course - _.2 loll � 411007 California Association of Code Enforcement Officers Home � About Us Education & Certification Tactical ° ° Calendar Communication Annual - ° Seminar Legislation Safety Et Awareness Join CACClass - Ventura - May � Resourceurce Library r1 ? LJ ° Jobs Start: May 23 2007 - 8:00am End: May 23 2007 - 5:00pm Community Meeting Room @ City Hall 501 Poli St. Rm #202 Ventura, CA 9300 Description: Session A - Tactical Communication Content: Tactical communication is the gentle art of persuasion that redirects others behavior with word to generate voluntary compliance. The principles and tactics taught enable the Code Enforcement Offi cer to calm diffi cult people and redirect the behavior of hostile people, diffuse potentially dangerous situations to achieve the desired outcome. Session B - Safety & Survival - Your Tactical Primer Content: A comprehensive course for both the new and veteran Code Enforcement Officers. The Safety & Survival class prepares the student for the mentally and physically challenges involved in dealing with a hostile public. A training and resource guide will be provided for you to reference. ATTACHMENT Sponsors DromaoccAy Improve Your Code fnroraemeM trtxwh FIK-m-1 REVENUE 'IC EXPERTSINC. ftnasoift WeFF s GOB' I'd NW WILLDAN qCoforcement Software •'- 105 3 py��(�,uuttQ. dC O4S COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM'TITLE: Authorization for Overnight Travel for the Emergency Services Coordinator to Attend the National Emergency Training Center (NETC), Operated by the Federal Emergency Management Agency (FEMA) in Emmitsburg, MD from June 9-16, 2007. RECOMMENDATION: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for the Emergency Services Coordinator to attend the National Emergency Training Center (NETC), operated by the Federal Emergency Management Agency (FEMA) in Emmitsburg, MD from June 9-16, 2007 (Attachment 1). FISCAL IMPLICATIONS: The costs associated with the attendance at the training course (Attachment 2) will be funded from Travel, Training and Meetings Fund, account 101-5056-425.51-01. Registration, airfare, transportation to and from the airport, and lodging are provided by FEMA. Meals during the training are cafeteria style with the purchase of a meal) ticket for $126.30. The breakdown of estimated expenditures for the six -day training course is as follows: • Parking at local airport 73.00 • Meals (2 days per diem + meal ticket) 276.30 Total $ 350.00 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This training course will improve the skills and abilities of the Emergency Services Coordinator. The six -day course contains information on the incident command, emergency response, and emergency management. The course also will be beneficial in providing information for ensuring the City receives maximum reimbursements from FEMA in the event of a disaster. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Emergency Services Coordinator to attend the: National Emergency Training Center (NETC), operated by the Federal Emergency Management Agency (FEMA) in Emmitsburg, MD from June 9-16, 2007; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Buildi g & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. FEMA Acceptance Letter 2. Course Information °�� 1 107 ATTACHMENT1 Nations( Emergency Raining Center U.S. Department of Homeland Security 16825 S. Seton Avenue Emmitstmrg, MD 21727-8998 g�f FEMA February 16, 200 PG"D ss� Mr. Chris G Sundlee 13449 Aclare Street Cerritos, CA 90703 Dear Mr. Sundlee: Welcome to the Department of Homeland Security— United States Fire Administration's National Emergency Training Center (NETC). We are pleased to inform you that you have been accepted for. . R831: VIP: CHID. & CNTL. OF INCID.OPS. June 10, 2007 To June 15, 2007 Enclosed is information that you need to plan your travel and training. Please read it carefully. If you are eligible to receive a stipend, please note that there are changes in our reimbursement policies. Students staying on campus must purchase a meal ticket. The cost is $126.30, and is payable to Guest Services, by cash, city or state checks, traveler's checks, purchase order or advance deposits by department check. Guest Services accepts credit card payment (VISA and MasterCard), but will not issue refunds. Students slaying off campus are required to purchase break tickets at the cafeteria the fust day of class. If you are a non-DHS Federal employee, foreign student, private sector representative, or contractor to a State or local government entity, you are responsible for your own travel and per diem costs, and lodging (currently $20 to $30 per night), payable upon arrival to NEW. USIA accepts credit card payment (VISA, MasterCard, Discover, or American Express) for lodging. If you are a DHS employee (includes DAE/SAE's), you must present a copy of your travel authorization at registration, and. should read the FEMA instructions, policies and comptroller grams. dealingwith travel to NEPC. If you are not able to attend this course, please notify us in writing at least 1 month prior to your course start date. We have a waiting list of your colleagues who will take your place. Failure to notify us in writing may result in your restriction from NEW and NTC classes. In addition, if your responsibilities or organization change, please notify us in writing immediately. It may affect your eligibility to attend the course. If you have any questions, please call (301) 447-1035 or NETC-AdmissionsQdhs.gov. Sincerely, NEfC Admissions Office National Emergency Training Center Enclosures 10 0 3 Y, 109 ATTACHMENT 2 R314, R628, R831 ' REVISED 2/14107 2007 NFA COURSE SPECIFIC INFORMATION for classes June 10 -15, 2007 CANCELLATIONS: Fax to the Admissions Office, (301) 447-1441, or email to netc-admissions(a)dhs.gov If you do not notify Admissions in writing at least 30 days prior to the course start date, you may. be restricted from attending EMI— or NFA— sponsored classes for 2 years. "NE.TC Welcome Packet": As the applicant, you are responsible for reading the NETC Welcome Packet and other information contained on the website below before you make any travel plans. Otherwise, you may incur additional expenses which may not be reimbursable. This website also includes Important security information that you should review before your arrival at the National Emergency Training Center (NETC). To access this and other required information, dick on the file by your course code/name on the following web site page: httD:l/www.usfa dhs gov/training/nfalare-course If you have any problems getting the materials from this site or you do not have access to a computer, please call Admissions at (301) 447-1035 and we will fax'the materials to you. TRAVEL: Travel days are SATURDAY and SATURDAY for this course. ARRIVAL: NETC provides a bus shuttle from the following airport and departs, Baltimore Washington International (BWI) Airport promptly at 7:00 p.m. Pickup is near the Lower Level Baggage Areas 13 & 14. There is not a Travelers' Aid Desk in this location. Buses.and vans depart.from the outside lane. If you need bus transportation to NETC from the airports, plan to arrive at least 1 hour before bus departure time. Follow the bus reservations guidelines on the reverse side of this page to ensure a seat on the .shuttle bus. If you do not follow the guidelines, transportation to NETC may be at your own expense. Our transportation will be either a motor coach/charter bus identified with NETC signage in the front window/door, or a maroon passenger van with the DHS logo on the side doors. You may contact the NETC Transportation Office a day before your. arrival to inquire as to which vehicle will be used. For security reasons, our drivers cannot leave their vehicles sc YOU WILL NEED TO LOOK FOR THE BUS OR VAN If you do not seethe carrier 5 minutes Prior to the pickup time please call the NETC Transportation Office Awguidance. If you are scheduled to use NETC transportation and your flight is delayed for other than weather -related reasons, the airline is responsible for your transportation to NETC. If they will not transport you, please call the Transportation Office (301) 447-1113 when you arrive at the airport. DEPARTURE: Transportation departs NETC at 8:00 a.m. on Saturday to Baltimore Washington International (BWI) Airport. ➢ TRANSPORTATION DEPARTURE REQUESTS CANNOT BE ACCOMMODATED FOR ANY OTHER TIMEFRAMEI Y11 0 ➢ DO NOT SCHEDULE RETURN FLIGHTS BEFORE 12 NOON ceitij/ 4 4a Qumrcv COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE_ Adoption of a Resolution to Extend the Time for Completion of the On -Site and Off -Site Improvements for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to April 15, 2008 for Tract Map No. 30023-5, Trilogy, Shea La Quinta LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-5) is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On June 8, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Trilogy. Section 6 of the SIA requires: `that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " ��i In a letter dated April 25, 2007 (Attachment 2), the developer stated that all the improvements have been completed with the exception of the final lift of paving. The final lift of paving will be completed when the last home is built in this phase. The developer requests a time extension for completion to April 15, 2008. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement to April 15, 2008 for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site and off -site improvements time as specified in the approved Subdivision Improvement Agreement to April 15, 2008 for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, CT mothy R. Jo as , P.E. lublic Work ire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Trilogy, dated April 25,'07 •W... 1 112 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE AND OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO APRIL 15, 2008 FOR TRACT MAP NO. 30023-5, TRILOGY, SHEA LA QUINTA, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC on June 8, 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 8, 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 i 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 on -site and off -site improvements as required by the approved SIA is extended to April 15, 2008. Section 2. The time extension for completing the on -site and off -site improvements shall expire when City offices close for regular business on April 15, 2008. 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. u 113 Resolution No. 2007- Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC Adopted: May 15, 2007 Page 2 of 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of May 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quintet, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quintet, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quintet, California ATTACHMENT - I TM 30023-5 TRILOGY CITY OF LA OUNTA 60th AVENUE ® w UJI w � U) N 61 st Ave. 0 fn 0 a 62nd AVENUE w 0 Ir z 0 VICINITY MAP NOT TO SCALE „ CITY COUNCIL MEETING: May 15, 2007 a F ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of On -site & 3 S Off -site Improvements for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC APPLICANT: Mr. Jeff Davies, Shea Homes •�_�� , 1 i io Trilogy � at La Quinta :April 25, 2007 :Mr. Edward Wimmer, P.E. :City of La Quinta Development Services Principal Engineer P.O. Box 1504 178-495 Calle Tampico :La Quinta, Ca. 92247-1504 :RE: Tract Map No. 30023-5 Subdivision Improvement Agreement Attachment 2 Rec"j) APR 2 6 20p DevelDpment Services :In response to your letter regarding the Subdivision Improvement Agreement for the above referenced Tract Map, we would like to respectfully request an extension of time :to complete the improvements covered by the agreement. Please accept this letter as our formal request to extend the completion date of the subdivision improvements associated with Tract Map 30023-5 to April 15, 2008. All of the improvements have been completed with the exception of the final lift of paving. The final lift of paving will be done when the last home is built in this phase. :Please contact me with any questions regarding this request at (760) 272-9798. Sincerely, iJe a es Shea }-tomes Community Development Manager Where dreams takeflight. 60-800Inlogy Parkway La Quinta, CA 92253 P: 160-777-6100 / F: 760-777-6119 Trilogyufe.com Alt f aMr �p�y ♦ N, SheilHHomes ia.n;e sera se> b,bymin@mnm lsn,onnxuni,y7ry Shen/nQnnw,UGnn nnrcprndnvmrmbr, o) Ibr Shra )mrdll of unnpnnl,y Iloxusa, irhrgr narmnuh'd (w orcapnmvbg P^awu ii lrnrr i'l bydnx and Ill, gn.emnr�,oarnrnrls, mndfrwru nm! �awu ¢ tuna 7 T4ht 4 4Ru&rw COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE_ Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 33076-2, The Madison Club, East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to December 31, 2007 for Tract Map No. 33076-2, The Madison Club, East of Madison, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Madison Club (Tract Map No. 33076-2), is located south of Avenue 52, east of Madison Street, and west of Monroe Street (Attachment 1). On November 28, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for The Madison Club. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the Improvements. " " The on -site improvements are approximately 70% complete. The developer requests a time extension to December 31, 2007 for the remainder of the on -site improvements, which include the final lift of paving and setting the monuments. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. The developer also requests a time extension to December 31, 2007 for the remainder of the on -site improvements on Tract Map No. 33076-1. However, a time extension to September 9, 2007 was previously granted by City Council for Tract Map No. 33076-1. Thus, the time extension request for Tract Map No. 33076-1 will be processed in August 2007. 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 the on -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2007 for Tract Map No. 33076-2, The Madison Club, East of Madison, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to December 31, 2007 for Tract Map No. 33076-2, The Madison Club, East of Madison, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, n / t t� Timo y 13. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from The Madison Club, dated April 24, 2007 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO DECEMBER 31, 2007 FOR TRACT MAP NO. 33076- 2, THE MADISON CLUB, EAST OF MADISON, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33076-2, The Madison Club, East of Madison, LLC on November 28, 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 November 28, 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 on -site improvements as required by the approved SIA is extended to December 31, 2007. Section 2. The time extension for completing the on -site improvements shall expire when City offices close for regular business on December 31, 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. _;, 120 Resolution No. 2007- Tract Map No. 33076-2, The Madison Club, East of Madison, LLC Adopted: May 15, 2007 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`h day of May 2007, by the following vote, to wit: AYES: NOES: ABSENT„ ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California °' 121 ATTACHMENT - I TM 33076-2 MADISON CLUB VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 15, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On - Site Improvements for Tract Map No. 33076-2, The Madison Club APPLICANT: Ms. Cynthia Zamorez — East of Madison, LLC -w•.l 122 �, '�- G J - THE - MADISON CLUR April 24, 2007 Tim Jonasson, P.E. City of La Quinta P.O. Box 1504 78495 Calle Tampico La Quinta, CA 92253 Attachment 2 S"AJas 4uatudofanaq t73AI$IQ3a RE: The Madison Club; Tracts 33076-1 and 33076-2 On -Site Improvement Extension Request Via Facsimile Dear Tim: Please let this letter serve as a request for an extension to complete construction on the on -site improvements for Tracts 33076-1 and 33076-2 at The Madison Club. Construction has commenced and is approximately 70% complete. We anticipate to be completed with all on - sites for both tracts by December 31, 2007. Please be advised, however, that this does not include the improvements that are currently being re -subdivided within the recently submitted Tentative Tract Numbers 34969 (Clubhouse) and 34968 (Villas). Please do not hesitate to give me a call if you have any questions. Sincerely, Cynthia Zamorez East of Madison, LLC. cc: Daniel Valenzuela nr., v,,.orIuUe11 uvcrrr: Mnuuan Aooecss. P6 B.. 1482, L. Qmm., CA 922¢7 Sr.e Ao... s > 80-955 Avxsve 52, Le Qo,xxn. CA 92253 T,, 760 391-5072 Fe- p60 398-5788 COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE_ Approval of Application for SB 821 Bicycle and Pedestrian Facilities Program Grant Funds for Design of Multi -use Trail Bridge Spanning Coachella Canal at SilverRock Resort AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /4t.. STUDY SESSION: PUBLIC HEARING: Approve an SB 821 Program grant application in the amount of $114,375 for the Design of Multi -use Trail Bridge Spanning Coachella Canal at SilverRock Resort. FISCAL IMPLICATIONS: The total cost for the proposed bridge project is an estimated $228,750. The City is proposing a 50% match (or $1 14,375). The City's share would be funded through the construction infrastructure improvements Account #401-1768-551.45-01. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 4, 2007, the City of La Quinta received notification from the Riverside County Transportation Commission (RCTC) regarding the availability of SB 831 Program Funds. Section 99233.3 of the State Public Utilities Code sets aside 2% of the Local Transportation Fund in each county to fund facilities for the exclusive use of pedestrians and bicyclists. For Fiscal Year 2007-2008 (beginning July 1, 2007), it is estimated that $1,491,200 will be available countywide. The City has been awarded funds under this grant program on several occasions in the past and proposes to apply again during this cycle. The City is proposing a project for the upcoming Fiscal Year which involves the design of a multi -use trail bridge over the Coachella Canal at SilverRock. The SB 821 application will be submitted to the RCTC upon approval from Council. It is due to the RCTC no later than May 25, 2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an SB 821 Program grant application in the amount of $114,375 for the Design of Multi -use Trail Bridge Spanning Coachella Canal at SilverRock Resort; or 2. Do not approve an SB 821 Program grant application in the amount of $1 14,375 for the Design of Multi -use Trail Bridge Spanning Coachella Canal at SilverRock Resort, or 3. Provide staff with alternative direction. Respectfully submitted, Therese Vella-Finorio, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE_ Authorization for Overnight Travel for the Assistant Engineer II to Attend the Advanced Traffic Signal Operations Seminar to be Held in Los Angeles, California, May 21, 2007 Through May 22, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J5 STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Assistant Engineer II to attend the Advanced Traffic Signal Operations Seminar to be held in Los Angeles, California, May 21, 2007 through May 22, 2007. (Attachment 1) FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 Budget (Account No. 101-7001-431.51-01) has allocated funds for travel, training and meetings for staff. Attendance at this seminar is estimated to be $559 based on the following costs: Course = $ 60 Hotel (2 nights x $126) _ $252 Meals = $120 Travel (260 roundtrip miles x $0.485) _ $127 Total $559 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This two-day course will focus on Advanced Signal Operations Topics. It will discuss the principles of Traffic Signal Phasing Design for complex intersections, Signal Controller Capabilities and Hardware Configurations, Advanced Volume -Density Operations, and Railroad/Emergency Vehicle Preemptions. This course will also introduce two types of Signal System Coordination -Traffic Responsive Operations and Advanced Traffic Adaptive Systems. This course will enable the participants to learn advanced functions at both the local controller level and system level. The course will be held May 21, 2007 through May 22, 2007 in Los Angeles, California. If approved, the Assistant Engineer II will attend this training course. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Assistant Engineer II to attend the Advanced Traffic Signal Operations Seminar to be held in Los Angeles, California, May 21, 2007 through May 22, 2007; or 2. Do not authorize overnight travel for the Assistant Engineer II to attend the Advanced Traffic Signal Operations Seminar to be held in Los Angeles, California, May 21, 2007 through May 22, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, . 61M�2 Ao� �" -10prv— Timothy R. JonassorrP.E. Public Works Director/ City Engineer Approved for submission by: �dO Thomas P. Genovese, City Manager Attachment: 1. Seminar brochure ft. 12 R Attachment 1 Course Description ADVANCED TRAFFIC SIGNAL OPERATIONS CLASS / 2 DAYS This two-day course will focus on Advanced Signal Operations topics. It will discuss the principles of Traffic Signal Phasing Design for complex intersections, Signal Controller Capabilities and Hardware Configuration, Advanced Volume -Density Operations, and Railroad/Emergency Vehicle Preemptions. This course will also introduce two types of Signal System Coordination- Traffic Responsive Operations and Advanced Traffic Adaptive Systems. The course will enable participants to learn advanced functions at both the Local Controller Level and System Level. s ZP Qumrcu cFyo9 COUNCIL/RDA MEETING DATE: May 15, 2007 AGENDA CATEGORY: ITEM TITLE: Approval of the Plans, Specifications, and Engineer's Estimate (PS&E), and Authorization to Advertise for Bid, for the Miscellaneous Street Improvements, Project Number 2005-01 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Appropriate $141,532 from unassigned Infrastructure Funds; approve the plans, specifications and engineer's estimate (PS&E); and authorize staff to advertise for bid the Miscellaneous Street Improvements, Project 2005-01 and assign previously appropriated RDA No. 1 Funds from the Sidewalk -Various locations Project to this project. FISCAL IMPLICATIONS: The following represents the recommended funding, funding sources, and estimated budget for each of the projects that make up the Miscellaneous Street Improvements, Project 2005-01: Calle Tampico Sidewalk and Drainage Improvements Infrastructure Funds: Community Development Block Grant Funds (CDBG) RDA Project Area Number 1 (Previously assigned to Sidewalks -Various Locations) Total Proposed Funding: $8,751 $175,010 $57,109 $ 240,870 -41- ,, 130 Construction: $163,702 Design: $35,000 Insp/Test/Survey: $1 1,100 Administration: $8,751 Contingency: $22,317 Total Estimated Budget: $240,870 Eisenhower Drive Sidewalk Improvements RDA Project Area Number 1 (Previously assigned to $20,757 Sidewalks -Various Locations) Total Proposed Funding: $20,757 Construction: $16,407 Inspection/Test/Survey: $1,500 Administration: $850 Contingency: $2,000 Total Estimated Budget: $20,757 Palm Royale Street Improvements Infrastructure (New Appropriate) $80,465 Total Proposed Funding: $80,465 Construction: $64,665 Inspection/Test/Survey: $5,100 Administration: $3,300 Contingency: $7,400 Total Estimated Budget: $80,465 Simon Drive Median Island Modification Infrastructure (New Appropriate) $61,067 Total Proposed Funding: $61,067 •0'_U 131 Construction: Inspection/Test/Survey: Administration: Contingency: Total Estimated Budget: $48,967 $ 4, 000 $2,500 $ 5, 600 $61,067 The following represents the combined, funding, funding sources, and estimated budget for the combined project: Infrastructure Funds: $150,283 Community Development Block Grant Funds (CDBG) $175,010 RDA Project Area Number 1 (Previously assigned to $77,867 Sidewalks -Various Locations) Total Proposed Funding: $403,160 Construction: $293,742 Design: $35,000 Inspection/Test/Survey: $21,700 Administration: $15,401. Contingency: $37,317 Total Estimated Budget: $403,160 As illustrated, adequate funding is available to combine the projects identified. The scope of each of these improvements is very minor overall. Combining the projects in this manner should result in a cost savings due to economies of scale. CHARTER CITY IMPLICATIONS: None. The project is partially funded with Federal CDBG grant funds and RDA Project Area Number 1 funds. BACKGROUND AND OVERVIEW: Project Locations and Work Descriptions: Calle Tampico Sidewalk and Drainage Improvements-CDBG Project No. 4.LQ034 (On the north side of Calle Tampico, from Avenida Bermudas to approximately 200 feet east of Seasons Way) u'Yl: 13 L In general, the proposed work includes the removal and reconstruction of existing curbs, gutters, sidewalks, cross gutters and spandrels, drive approaches, access ramps, and asphalt concrete pavement. The work also includes the construction of new curb inlet catch basins, gutter depressions, MaxweV Plus Drywells and other appurtenances and incidentals. 2. Eisenhower Drive Sidewalk (On the east side of Eisenhower Drive, from Avenida Martinez to Calle Tampico) In general, the proposed work includes the removal and reconstruction of existing curbs and gutters, construction of curb adjacent sidewalk and access ramp, removal and relocation of existing irrigation to back of new sidewalk, remove and replace existing traffic sign, relocate street name monolith, paint crosswalk and pavement markings, and other appurtenances and incidentals. 3. Palm Royale Street Improvements (On the east side of Palm Royale, from Rome Drive to Fred Waring Drive) In general, the proposed work includes the construction of curbs, gutters, sidewalks, access ramps, cross gutter and spandrel, asphalt concrete pavement, signing, striping and pavement markings and other appurtenances and incidentals. 4. Simon Drive Medians (in the Center of Simon Drive, from Washington Street to approximately 700 feet east of Washington Street) In general, the proposed work includes the removal of the existing median island delineators, construction of 6" median island curb, stamped colored concrete in the median, median landscaping, removal of existing striping and placement of striping and pavement marking. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The Calle Tampico Sidewalk and Drainage Improvements were included within the adopted CIP and scheduled for funding within 2005/2006. The Eisenhower Drive Sidewalk, Palm Royale Street Improvements, and Simon Drive Median Island Modification projects were identified as priorities after the CIP was adopted. c ^u 1JU All four of the improvements are considered minor in scope and would likely cost more if the projects were advertised and constructed individually. Combining the projects in the manner proposed, should result in an economy of scale and result in cost savings to the City. The PS&E for the combined project is complete and available for review within the City's Public Works Department. The next step of the CDBG funding process requires the City to certify the PS&E and submit the project to County of Riverside Economic Development Agency (EDA) for authorization to incur costs. This process typically takes 2 to 4 weeks to accomplish. To initiate this process, staff has prepared the required submittal documents and has sent them to the County of Riverside for approval. Contingent upon City Council authorization to advertise the project for bid on May 15, 2007, the following is the anticipated project schedule: County EDA Authorization to Incur Costs City Council PS&E Approval Project Advertisement City Council Considers Construction Award Sign Contracts and Mobilize Construction Project Close-out/Acceptance May 2007 May 15, 2007 June 1 — June 30, 2007 July 17, 2007 July 18 — 31, 2007 August — November 2007 December 2007 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $141,532 from unassigned Infrastructure Funds; approve the plans, specifications and engineer's estimate (PS&E); and authorize staff to advertise for bid the Miscellaneous Street Improvements, Project 2005-01 and assign previously appropriated RDA No. 1 Funds from the Sidewalk -Various locations Project to this project; or 2. Do not appropriate $141,532 from unassigned Infrastructure Funds; approve the plans, specifications and engineer's estimate (PS&E); and authorize staff to advertise for bid the Miscellaneous Street Improvements, Project 2005-01 and assign previously appropriated RDA No. 1 Funds from the Sidewalk -Various locations Project to this project; 3. Provide staff with alternative direction. Respectfully submitted, 1 ,__w Tim thy R. Jonasson, . Public Works Director/City Engineer Approved for submission by: f Thomas P. Genovese, City Manager TuY' °F 4vQN/xfa COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE: Approval of a Contract Extension with the Rosenow Spevacek Group for Redevelopment and Economic Development Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1. STUDY SESSION: PUBLIC HEARING: Approve a contract extension with the Rosenow Sepvacek Group for Redevelopment and Economic Development Services. FISCAL IMPLICATIONS: Funding for the referenced services is contained within the City's annual budget. A proposed fee schedule is included as Exhibit B within the attached professional services agreement ("PSA") (Attachment 1). For comparison purposes, the fee schedule from RSG's previous PSA is included as Attachment 2. The last fee increase took place in Fiscal Year 2004-2005. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta retained the Rosenow Spevacek Group (RSG) to perform redevelopment and economic development consulting services pursuant to a contract services agreement in March 1994. RSG was selected upon culmination of a request for proposals process. The original contract had a three-year term. Subsequently, the City Council authorized a five-year extension to RSG's contract in March 1997, and again in March 2002. On February 6, 2007, the City Council and Redevelopment Agency Board authorized staff to negotiate a contract extension with the Rosenow Spevacek Group. 1J•.� During the current contract term, RSG has performed duties for the City of La Quinta and La Quinta Redevelopment Agency including redevelopment, economic development, and housing services. RSG has competently performed or assisted City staff with the following duties: Redevelopment • Preparation of the Agency's Annual Budget • Preparation of the Agency's Statement of Indebtedness • Preparation of the Agency's Annual Work Program and Annual State Controller's Report • Update of the Five -Year Implementation Plan Economic Development • Request for Proposals preparation • Developer Project Proposal and Pro Forma Analysis • Preparation of the Economic Development Plan • Formulation of the Small Business Development Plan • Participation in Developer/User Negotiations • Forecasting Project -Specific Municipal Revenues and Projected Municipal Expenses • Projecting Project -Specific Returns to the City/Agency • Negotiating and Structuring of Disposition and Development, Owner Participation, and Affordable Housing Agreements • Preparing Summary Reports for Specific Agreements Housing • Preparation of the Redevelopment Housing Compliance Plan • Structured Specific Housing Projects • Analyze Housing Proposals and Pro Formas • Administer the Assessment Subsidy Program • Formulated the Housing Rehabilitation and Second Trust Deed Mortgage Loan Program • Reviewed and Qualified Homebuyers for Agency Second Trust Deed Mortgages • Property Acquisition • Residential Relocation • Housing Design and Development • Other duties as required RSG also provides the City and Agency with fiscal consultant services (i.e., tax increment projections and verification, bond issue projections, assessment appeal audits, etc.) and ongoing City/Agency cash flow oversight. The proposed fee schedule for the first two years is included in the Professional Services Agreement (Attachment 1) as Exhibit B. For the third year, an adjustment to the hourly rates, based on the Consumer Price Index (CPI) for Los Angeles -Riverside - Orange Counties for years one and two, would be applied. The new adjusted rates would remain in effect for years three, four, and five. As an example: Rate for Years 1 and 2 Apply Year 1 CPI (5%) Apply Year 2 CPI (4%) New Rate for Years 3-5 $100 $105 $109.20 $109.20 The proposed contract has a five-year term, expiring in April 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract extension with the Rosenow Sepvacek Group for Redevelopment and Economic Development Services; or 2. Do not approve a contract extension with the Rosenow Sepvacek Group for Redevelopment and Economic Development Services; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement with RSG 2. 2002-2007 Contract Fee Schedule ATTACHMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency") and Rosenow Spevacek Group ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Redevelopment, Economic Development Financial Management, and Housing, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. l,31 a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City or Agency, except such losses or damages as may be caused by City's or Agency's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City or Agency, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City and Agency that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall 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 and Agency Board. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation will include payment for time and materials based upon Consultant's rate schedule, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs outside of Southern California, transportation expense, overnight mail, messenger expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 140 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 3.4. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall be for five years, commencing on May 15, 2007 and terminating on May 15, 2012. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect for five (5) years. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 1. Frank Spevacek 2. Kathleen Rosenow a. 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 Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City or Agency to the Contract Officer. Unless otherwise specified herein, any approval of City or Agency required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City and Agency to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City, Agency, nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and Agency and shall remain at all times as to City and Agency a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City or Agency. 4.5 City/Agency Cooperation. City or Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City or Agency. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and Agency and its officers and employees as additional insured shall be delivered to and approved by City and Agency prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $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 Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 policyshall be primary for losses arising out of Consultant's performance hereunder and neither City, the Agency nor their insurers shall be required to contribute to such loss. A certificate evidencing the foregoing (and evidencing insurance for hired and non -owned automobiles) and naming City and Agency and its officers and employees as additional insured shall be delivered to and approved by City and Agency prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, Agency, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, Agency, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City and Agency, under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City and Agency for liability attributable to the active negligence of City and Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City or Agency is shown to have been actively negligent and where City's or Agency's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City or Agency. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City/Agency and City's/Agency's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City and Agency may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City and Agency may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City and Agency may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages r to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, Agency, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City and Agency regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City and Agency or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's or Agency's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. Ipi, V ,.. 1 Z 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance: requirement in no way imposes any additional obligations on City or Agency nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, Agency, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 1 c KY V 1 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City or Agency. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: ROSENOW SPEVACEK GROUP Attention: Frank J. Spevacek Principal 309 West Fourth Street Santa Ana, CA 92701-4502 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which 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 Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk .w 1J.. APPROVED AS TO FORM: M. Katherine Jenson, City Attorney LA OUINTA REDEVELOPMENT AGENCY Thomas P. Genovese, Executive Director Date ATTEST: Veronica J. Montecino, CMC, Secretary APPROVED AS TO FORM: M. Katherine Jenson, Agency Counsel CONSULTANT: By: Name: Title: Date: 15 50 Exhibit A Scope of Services • Affordable Housing. Real estate analysis; property acquisition services; structuring and implementing the Agency's affordable housing strategies; qualifying affordable housing occupants; preparing the Agency's annual financial and housing reports; annual tenant and homeowner monitoring; relocation services as needed. • Redevelopment Advisory Services. Provide bond fiscal consultation; prepare five- year RDA Implementation Plan and mid-term review; provide fiscal analysis and projections; prepare Agency's Statement of Indebtedness; prepare annual State Controller's report. • Economic Development. Real estate analysis; property acquisition services; prepare and implement the City/Agency's Economic Development Plan and strategies; assist with DDA, DA, and OPA negotiations. • Financial Management. Prepare and help implement the City's Annual Financial Management Review process and strategies. • Sphere of Influence. Data collection and analysis related to the Sphere of Influence fiscal analysis and projections. • SilverRock Resort. Assist with DDA and DA monitoring and implementation; provide assistance with Phase II improvements. • Vista Dunes Mobile Home Park/Courtyard Homes. Assist with obtaining tax credits and LEED certification for very low income housing. Exhibit B Schedule of Compensation Years One and Two: Position Rate Schedule Principal $175 Senior Associate $145 Associate $125 Senior Analyst $105 Analyst $ 95 Research Analyst $ 85 Technician $ 65 Clerical $ 55 The Proposed Rate Schedule would remain in place for years one and two of the five year contract term. The hourly rates would then be adjusted per the Consumer Price Index (CPI) for All Items for Los Angeles -Riverside -Orange County. The annual CPI adjustments for the two years that precede the third year hourly rate adjustment would be applied to the Proposed Rate Schedule. The new adjusted rates would remain in effect for years three, four and five. RSG will continue our policy to not charge for mileage, parking, Coachella Valley lodging, meals, telephone/fax expense, postage and incidental copies. We would charge for additional insured certificates and or requirements, messenger services, overnight mail, travel expenses for locations other than Southern California, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs would be charged at actual expense plus a 10% surcharge. .11.1 . is a 2002 Professional Services Agreement ATTACHMENT 2 SCHEDULE OF COMPENSATION For the five (5) year term of the Agreement, the Contractor shall invoice the City for services rendered on a time -and -materials basis pursuant to the fee schedule and billing policies outlined below; all services rendered shall be with Exhibit A, Scope of Services, of the Agreement, and will be subject to prior approval or assignment by the Agency Executive Director or his designee. Fee lam. The following Fee Schedule shall be in effect for the first two (2) years of the Agreement: Principal/Director $135 Senior Associate $125 Associate/Acquisition $100 Agent Senior Analyst $ 85 Analyst $ 75 Research Assistant/ $ 65 Real Estate Technician Word Processor $ 45 Clerical $ 35 The following Fee Schedule shall be in effect for the last three (3) years of the Agreement: Principal/Director $150 Senior Associate $125 Associate/Acquisition $100 Agent Senior Analyst $ 85 Analyst $ 75 Research Assistant/ $ 65 Real Estate Technician Word Processor $ 45 Clerical $ 35 Reimhmement for Out-nf-Pocket Expenses. The Contractor shall not charge for mileage, parking, telephone/fax expense, nor copies/postage involving five (5) or less documents/pieces. The Contractor shall, however, be reimbursed for additional insured certificates, messenger services, Express Mall/FedeW Express costs, and copies/postage involving six (6) or more documents/pieces. The Contractor shall also be reimbursed for extraordinary out-of-pocket expenses, such as air fare, meals, and lodging expenses associated with travel required for client projects (for example, bond rating agency/insurance company presentations). These costs are charged at actual expense with no •ur—_ 15 V-Wf 4 4 a" COUNCIL/RDA MEETING DATE: MaV 15, 2007 ITEM TITLE: Adoption of a Resolution Approving Participation in a 401 (a) Money Purchasing Plan And Related Plan Documents RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution and related Plan Documents approving participation in a 401 (a) Money Purchasing Plan. FISCAL IMPLICATIONS: The Plan will be offered to all employees; with all contributions made by employees. The City will not be charged an administrative fee to participate in the Plan. These fees will be credited against investment returns. BACKGROUND AND OVERVIEW: A Resolution has been prepared and submitted herein that would authorize the City Manager to sign an agreement to participate in a 401 (a) Money Purchasing Plan. This offers City employees the opportunity to participate in a retirement savings plan similar to current 457. This qualified plan allows employees to make pretax contributions to ICMA with higher contribution limits. For calendar year 2007, the 457 contribution limit is $15,500 and the 401 (a) limit is $45,000. Employees may participate in both plans. In addition to the Resolution, ICMA requires an Administrative Services Agreement and Adoption Agreement (Attachments 1 and 2). Staff is requesting that the City Manager sign these documents on behalf of the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution and related documents of the City Council approving participation in a 401 (a) Money Purchasing Plan; 2. Do not adopt a Resolution and related documents of the City Council approving participation in a 401 (a) Money Purchasing Plan; 3. Provide staff with alternative direction. Respectfully submitted, irector (Employee Relations Officer) Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Administrative Services Agreement 2. Adoption Agreement ;. 16 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING A 401(a) MONEY PURCHASING PLAN WHEREAS, the City of La Quinta, hereinafter referred to as "City," desires to participate in a 401 (a) Money Purchasing Plan; and WHEREAS, the establishment of money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its money purchasing retirement plan be administered by ICMA Retirement Corporation and that the funds held such be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby establish a money purchase retirement plan in the form of: The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to he specific provisions of the Adoption Agreement (executed copy attached hereto); Section 2. The City hereby executes the Declaration of Trust of the Vantage Trust and attached hereto as Attachment 2, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in Vantage Trust; Section 3. The City hereby agrees to serve as the trustee under the Plan and to invest funds held under the Plan in the Vantage Trust, Section 4. The City Manager shall be the coordinator for the Plan: shall receive reports, notices, etc. from ICMA Retirement Corporation or the Vantage Trust; shall cast, on behalf of the City any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments; and Section 5. The City hereby authorizes the City Manager to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. .0' 161 ^'J Resolution No. 2007- 401 (a) Money Purchasing Plan Adopted: May 15, 2007 Page w of 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`h day, of May 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 Plan number i uo.so.s ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement'), made as of the day of , 2007 (herein referred to as the "Inception Date'), between the International City/County Management Association Retirement Corporation ("ICMA-RC'), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of La Quinta ("Employer"), a City organized and existing under the laws of the State of California with an office at 78495 Calle Tampico, La Quinta, California 92253. RECITALS Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility to obtain investment alternatives and services for employees participating in that Plan; VantageTrust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to the Trust; ICMA-RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide." ("Retirement Investment Guide'). The Funds are available only to public employers and only through the Trust and ICMA-RC. In addition to serving as investment adviser to the Trust, ICMA-RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record -keeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. AGREEMENTS Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 163 Plan number 106363 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and the investment, management, and distribution of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. It is understood that the term "Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative Services Agreement. 3. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA- RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide account information in reports, statements or accountings. 4. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for ICMA- RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, LLC (a wholly owned subsidiary of ICMA-RC) is registered as a broker -dealer with the U.S. Securities and Exchange Commission ("SEC') and is a member in good standing with the National Association of Securities Dealers ("NASD") and the Securities Investor Protection Corporation ("SIPC"). (c) ICMA-RC shall maintain and administer the Plan in compliance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal 16� Plan number 106363 law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document, ICMA-RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and the Trust. (f) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or - agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. 5. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Employer Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. F. 167 4 Plan number 106363 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan assets in the Trust. (b) Account Maintenance Fee. The annual Account Maintenance Fee for Plan participants will be waived for Employers who use EZLink for contribution processing and submit deposits by wire transfer or ACH. In the event that Employer does not use EZLink for contribution processing and ACIVwire transfer, the annual Account Maintenance Fee shall be $36.00 per Plan participant. If applicable, this fee is payable on the first day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. The Account Maintenance fee is debited from each Plan participant's account. (c) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed against average daily net Plan assets invested in the Trust's non- proprietary funds of VantageTrust. (d) Compensation for Management Services to the Trust; Compensation for Advisory and other Services to the Vantagepoint Funds. Employer acknowledges that in addition to amounts payable under this Agreement, ICMA-RC receives fees from the Trust for investment management services furnished to the Trust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to the Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through the Trust. The fees referred to in this subsection are disclosed in the Retirement Investment Guide. These fees are not assessed against assets invested in the Trust's Mutual Fund Series. (e) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. (f) Payment Procedures. All payments to ICMA-RC pursuant to this Section 6 shall be paid out of the Plan assets held by the Trust and shall be paid by the Trust, to the extent not paid by the Employer. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect -6,U 166 Plan number 106363 such payments. In the event that the Employer agrees to pay amounts owed pursuant to this section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by the Trust. The compensation and payment set forth in this section 6 is contingent upon the Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by ICMA-RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 8. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or related Trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 16 0 Plan number 106363 (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement or special mailing. 11. Notices All notices required to be delivered under Section 10 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Comvlete Agreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. .6�11 16S Plan number 106363 CITY OF LA QUINTA By Date Signature Name and Title (Please Print) INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION 6',. By Angela C. Montez Corporate Secretary Please return fully executed contract to: New Business Unit ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 Plan number 106363 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment forms and records. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Trust. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established in paper or electronic format. These files shall include enrollment instructions, beneficiary designation instructions (to the extent provided to ICMA-RC) and all other written correspondence and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU ), the Internet or other electronic means. (f) Provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll -free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll -free number and access to VantageLine, ICMA- RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. Q) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Plan number 106363 (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. (m) Online Advice may be made available through a third party vendor on the terms specified on ICMA-RC's website. 1 / L 10 ATTACHMENT 2 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10- The Employer hereby establishes a Money Purchase Plan and Trust to be known as (the 'Plan") in the form of the ICMA RC Governmen- tal Money Purchase Plan and Trust. (9m] This Plan is an amendment and restatement of an existing defined contribution money purchase plan. Yes No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer: 19021 IL The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: III. Plan Year will mean: ( ) The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(g) of the Plan.) ( ) The twelve (12) consecutive month period commencing on and each anniversary thereof. IV. Normal Retirement Age shall be age _ (not to exceed age 65). [288] V. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: -- All Employees —_ All Full -Time Employees -- Salaried Employees —_ Non -union Employees -- Management Employees Public Safety Employees -- General Employees —_ Other (specify below) The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect In the state or locality of the Employer. WP Adoption Agreement 1/30/2006 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A If an Employee is eligible to participate upon employment). If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is __ (not to exceed age 21. Write N/A if no minimum age is declared.) VL CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): ( ) Fired Employer Contributions With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). A Participant is required to contribute (subject to the limitations of Article V of the Plan) (I) _ % of Earnings, (ll) $_ , or (ill a whole percentage of Earnings, as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. (Write "0" if no contribution is required.) If Participant Contributions are required under this option, a Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. Yes _ No [Note to Employer: Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participants gross income for federal income tax purposes. The Employer may seek such a ruling. Picked up contributions are excludable from the Participants gross income under section 414 (h) (2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev. Ruls. 81-35 and 81-36, 1981-1 C.B. 255, and 87-10, 1987-1 C.B. 136. Those requirements are (1) that the Employer must specify that the contributions, although designated as employee contributions, are being paid by the Employer in lieu of contributions by the employee; (2) the employee must not have the option of receiving the contributed amounts directly Instead of having them paid by the Employer to the plan; and (3) the required specification of designated employee contributions must be completed before the period to which such contributions relate.] ( ) Feed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant _% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or $_ Under this option, there is a single, fixed rate of Employer contributions, but a Partici- pant may decline to make the required Participant contributions In any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. [621] MPP Adoption Agreement 1130/2006 17 ( ) Variable Employer Match Of Participant Contributiotn. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): _% of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _To of Earnings or $�: PLUS ._% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate _% of Earnings or $�. Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ or _% of Earnings, whichever is _ more or _ less. 2. Each Participant may make a voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. Yes _ No 3. Employer contributions and Participant contributions shall be contributed to the Trust in accordance with the following payment schedule: VU. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime _ Yes _ No (b) Bonuses _ Yes _ No VILL LIMffATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a partici- pant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02 (a) through (f) of the Plan will apply unless another method has been indicated below. ( ) Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12-consecutive month period: MPP Adoption Agreement 1/30/2006 k"' 317 Y IX. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Percent Completed Vestine 1234.2391 Zero _ % One _ % Two _ % Three _ % Four _ % Five _ % Six _ % Seven _ % Eight _ % Nine _ % Ten % X. Loans are permitted under the Plan, as provided in Article XIII: Yes _ No XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. )(II. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. )(III. The Employer hereby appoints the ICMA-RC as the Plan Administrator pursuant to the terms and condi- tions of the ICMA-RC GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XV. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this _ day of 200_. EMPLOYER By: Title: _ Attest: ICMA R( Title: Corporate Secretary [7511 MPP Adoption Agreement 1/30/2006 04 �yOF COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE: Consideration of a Resolution Approving an Agreement Between the City of La Quinta and Burrtec Waste and Recycling Services, LLC for Solid Waste Handling Services for the Period of Time Commencing on July 1, 2007 and Ending on June 30, 2016 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a Franchise Agreement with Burrtec Waste and Recycling Services, LLC (Burrtec) for Solid Waste Handling Services. FISCAL IMPLICATIONS: Attachment 1 details existing rates, proposed rates, and the revenue the City will receive as a result of the proposed Agreement (Attachment 2). The Agreement does not propose to raise rates for collection of solid waste above those already in existence (with the exception of a $2.00 per month increase in the additional charge associated with customers who desire the hauler to provide backyard collection); although, a slight increase will occur in July to disposal costs due to an increase in County Landfill rates. The Agreement continues to allow for an Annual Consumer Price Index (CPI) adjustment to the maximum rates the hauler may charge. Previously, this adjustment was limited to 50% of the change in the CPI. The proposed Agreement now allows for adjustments equal to the actual change in CPI, although any such increases are capped at 6%. Moreover, the Agreement continues to guarantee that the rates paid by La Quinta residents will be the lowest or second lowest in the Coachella Valley. The Agreement will result in the reimbursement of approximately $85,000 in annual costs incurred by the City in administering solid waste collection and recycling programs. In addition the Agreement will result in annual revenues to the City of approximately $319,000 in franchise fees and $596,000 in AB 939/Recycling Fees. Finally, Burrtec has agreed to reimburse the City for all costs associated with negotiating the proposed Agreement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 2000, the City entered two Franchise Agreements with Waste Management of the Desert, one for the collection of solid waste and one for the collection and processing of recyclable materials. Last year the Council approved the transfer of the two Franchise Agreements to Burrtec. An important factor in this decision was that Burrtec was retaining key Waste Management employees and simply taking over existing equipment which meant the City would not incur any significant impacts due to a "transition" between the companies. Both of the Franchise Agreements expire in July 2008. Earlier this year, staff sought direction from the Council as to whether it desired to start a lengthy Request For Proposals (RFP) process for new agreements, or to renegotiate new agreements with Burrtec. Staff reported that a satisfactory transition occurred and gave positive reports about Burrtec's performance following the transition. In light of the potential for rate increases, and the potential impacts associated with both an RFP process and the possible transition to a new waste hauler, Council directed staff to attempt to negotiate with Burrtec before a decision would be made as to whether to pursue an RFP. Over the last several months staff has been working with its solid waste consultant, HF&H Consultants, and the City Attorney's office to develop a new single agreement that incorporates both solid waste collection and recycling services, and updates important provisions relating to matters such as recycling requirements, indemnity for liability, protection against liability relating to handling of hazardous waste, issues relating to future transfers, and customer service standards. A more detailed summary of the Agreement's provisions is provided below. Staff has worked with Burrtec to iron out various issues related to the proposed Agreement, and has arrived at the Agreement now before the Council for approval which is satisfactory to both staff and Burrtec. The following is a summary of some of the key provisions of the proposed Agreement, with an indication of whether the provision is newly added or a continuation from the prior agreement: Customer Services: • Continuation of three cart -automated service for residents, with free collection of recyclable materials and green waste; including the continued collection of occasional items that exceed the capacity of carts (such as extra waste generated during holiday periods). • Continuation of manual collection service for residents in gated communities that prefer this methodology, including continued free collection of recyclable materials. • Continuation of backyard service used heavily by part-time residents, whereby Burrtec's driver retrieves a customers trash containers from the backyard, 17 dumps and replaces the containers. • Addition of free green waste recycling services to multi -family dwellings. • Expansion of items included in free bulky item service, and addition of service to now include multi -family dwellings. • Addition of free commercial recycling services (with an agreement to evaluate this program in two years to consider, in the City's sole discretion, if a charge should be added for this program.) • Addition of a free collection program for "sharps" (used needles). • Addition to the Agreement that if requested by the City, Burrtec will provide a program for the collection of unused medications in order to prevent their introduction into the water system. • Continuation of the free used motor oil collection and recycling. • Addition to the Agreement that if requested by the City, Burrtec will provide a program for the collection and recycling of food waste from restaurants. • Addition to the Agreement to collect and properly handle "electronic waste". • Continuation of document shredding events. City Services: • Addition to the Agreement to assist with the City's proposed Construction and Demolition Waste recycling program. • Continuation of free waste collection to all City facilities, including City Hall and the SilverRock Golf Course. • Continuation of free waste collection services at all City -sponsored events. • Continuation of the provision to provide limited number of free port -a -potties for the City activities. • Continuation of assistance to Code Enforcement and public safety related waste collection. Vehicles: • Continuation of the requirement for Clean Air Vehicles. • Addition of requirements relating to vehicle appearance. Rates/Financial Issues: • Continuation of existing maximum rates with no increase until July 2008. • Addition of annual CPI increase in the amount of actual CPI change, not 50% of change as previously provided. • Addition of maximum CPI increase capped at 6%. • Continuation of a guarantee that residential rates will be the lowest or second lowest in Coachella Valley. • Continuation of 8% franchise fee and AB 939 Fee. • Addition of a requirement that Burrtec will reimburse the City for all consulting costs and legal costs associated with the negotiation of the Agreement and all ongoing/annual costs. Legal Issues: • Addition of a new contract term until July 2016 (note: that Agreement starts in July and supersedes old agreements giving the City the benefit of a new agreement immediately.) The City has the option to extend the term one year to July 2017. • Addition of new provisions protecting the City from general liability, Hazardous Waste Liability, and liability for violations of AB 939. • Addition of liquidated damages for minor violations of the Agreement, and more stringent language related to remedies for more serious violations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the proposed Agreement with Burrtec Waste and Recycling Services; or 2. Do not adopt the proposed Resolution and take such other action as the Council deems appropriate; or 3. Provide staff with alternative direction. Respectfully submitted, Ili a�� Douglas W Evans, Assistant City Manager/ Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Chart detailing existing rates, proposed rates, and City revenue 2. Agreement RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING SERVICES WITH BURRTEC WASTE AND RECYCLING SERVICES, LLC. WHEREAS, The City of La Quinta wishes to award an exclusive franchise for the provision of solid waste handling and recycling services, and WHEREAS, Burrtec Waste and Recycling Services, LLC ("Burrtec") has been providing solid waste handling services in the City and has expressed a desire to continue to provide such services pursuant to the terms of conditions of the Agreement for Solid Waste Handling Services attached hereto and incorporated herein (the: 'Agreement"), and WHEREAS, City has evaluated Burrtec's qualifications and financial strength, and determined Burrtec has the ability to satisfactorily provide the services in the City which are set forth in the Agreement; and WHEREAS, the City is willing to enter the Agreement with Burrtec, subject to the terms and conditions set forth in this Resolution and the Agreement, and thereby grant the exclusive franchise for solid waste handling services in the City to Burrtec as more fully set forth in the Agreement; and WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the proposed Franchise Agreement with Burrtec pursuant to a City Council Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does hereby resolve as follows: SECTION 1. The City Council hereby agrees to enter the Agreement with Burrtec and thereby grant an exclusive franchise for solid waste handling in the City to Burrtec, subject to the terms and contingencies set forth in this Resolution and the attached Agreement. SECTION 2. The grant of the exclusive franchise contemplated by this Resolution is contingent upon Burrtec's satisfaction of all conditions, including specifically the conditions precedent set forth in the Agreement (such as, but not limited to, conditions relating to performance security, insurance, payment of fees, and such other conditions.) n -- .w.� 1�� City Council Resolution 2007- Burrtec Waste and Recycling Services Agreement Adopted: May 15, 2007 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`h day of May, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 W: Lo r: o rn Ln 040 a, N i 00 U) U!� uq �oq iA v a� C v v > c Q z U U u 04 H N P N Ch 4 LO rn m o c14 ao 00 LO rn o LO O n .m_. 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N N N N m N e� CCI ,.1 Rate Revenue Calculations - Refuse Roll -off Service Rates Rates Annual Rate Revenue Current Proposed Billing Current Proposed Service Customer Service Customer Service Customer Service Cusomer Line Service Category Unite Component Dump Fee Rate Competent Dump Fee Rate Component Dump Fee Rate Component Dump Fee Rate 1 Standard Roll -Off Box Service Per Pull 2 3 20-card $ 102.73 $ - $ 102.73 $ 9296 $ - $ 92.96 1,268 130,262 $ - $ 130,262 $ 117,873 $ - $ 117,873 4 30-card $ 141.27 $ - $ 141.27 $ 13150 $ - $ 131.50 1,336 188,737 $ - $ 188,737 $ 175,684 $ - $ 175,684 5 40-lard $ 165.38 $ - $ 165.38 $ 15561 $ - $ 15561 2,800 463,064 $ - $ 463,064 $ 435,708 $ - $ 435,708 6 Pull Rate -Compactor Box $ 496.14 $ - $ 496.14 $ 46683 $ - $ 46683 684 339,360 $ - $ 339,360 $ 319,312 $ - $ 319,312 7 Dump Fee - per ton $ 13.10 $ 3638 $ 49.48 $ 1310 $ 3T45 $ 5055 27,588 361,403 $ 1,003,651 $ 1,365,054 $ 361,403 $ 1,033,171 $ 1,394,573 8 Roll -Off Delivery Charge $ 18.10 $ - $ 1810 $ 18.10 $ - $ 1810 648 11,729 $ - $ 11,729 $ 11,729 $ - $ 11,729 9 Roll -Off Extra Trip $ 51.44 $ - $ 51.44 $ 51.44 $ - $ 5144 2 103 $ - $ 103 $ 103 $ - $ 103 $ 1,003,651 $ 2,498,309 $ 1,421,812 $ 1,033,171 $ 2,454,982 10 Total Annual Rate Revenue $ 1,494,658 11 12 13 14 Tenioorary Bin Service $ 105.90 $ 11608 $ - $ - $ 105.90 $ 116.08 $ 10590 $ 11608 $ - $ - $ 105.90 $ 116.08 207 51 21,921 5,920 $ 27,841 $ - $ - $ 21,921 $ 5,920 $ 21,921 $ 5,920 $ - $ - $ 21,921 $ 5,920 3-yard(1) 4-vard(1) Gross Annual Rate Revenue $ - $ 27,841 $ 27,841 $ - $ 27,841 (1) La Quetta dump fee component for temporary bin services is equal to the three and four yard, one time per week, monthly dump tee rates divided by 4.2 (me average numoer of weeks). 1✓ Draft, 5/I1/2007 City of La Quetta Q %cr) @ R / / / [ 1 ~ ` ]\ - ƒ Lf)® $ - \ £ g ® a $ k ° - � � _ > _ > _ + _ r r 00 < m [ �m \M Q $ In ONm m %/ 3 ¥ � a u - - w _ _ w « _ � 2 / / § \ \ ) 7 u k ] \ \ ) 7 \ \ 2 \ \ ) § \ j \ ) \ \ f \ } / \ ) Cl) \ j \ ] _ � r « m �o w = . \ Q \ R \ - ATTACHMENT 2 AGREEMENT BETWEEN CITY OF LA QUINTA AND BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR COLLECTION AND HANDLING OF SOLID WASTE AND RECYCLABLE MATERIALS EFFECTIVE JULY 1, 2007 AGREEMENT BETWEEN CITY OF LA QUINTA AND BURRTEC WASTE AND RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES EFFECTIVE JULY 1, 2007 384/015610-0089 787054.08 a05/11,07 TABLE OF CONTENTS SECTION 1. RECITALS ................................ SECTION 2. DEFINITIONS .......................... 2.1 AB 939...................................... 2.2 Affiliate ..................................... 2.3 Animal Waste ............................ 2.4 Bins .......................................... 2.5 Bulky Items .............................. 2.6 Cart. .......................................... 2.7 City ........................................... 2.8 City Limits ............................... 2.9 City Manager ........................... 2.10 Collect/Collection.................... 2.11 Commercial Premises .............. 2.12 Container .................................. 2.13 Contractor ................................ 2.14 Customer .................................. 2.15 Dwelling Unit ........................... 2.16 Effective Date .......................... 2.17 Environmental Laws ................ 2.18 Franchise Area ......................... 2.19 Franchise Fee ........................... 2.20 Gross Receipts ......................... 2.211 Hazardous Substance ............... 2.22 Hazardous Waste ..................... 2.23 Multi -Family Dwelling ............ 2.24 Municipal Code ........................ 2.25 Person ....................................... 2.26 Premises ................................... 2.27 Recyclable Material ................. 2.28 Residential Premises ................ 2.29 Rolloff Box .............................. 2.30 Single Family Dwelling........... 2.31 Solid Waste .............................. 2.32 Solid Waste Handling Services 2.33 Special Wastes ......................... 2.34 Temporary Service ................... 2.35 Term ......................................... Page ......................................................... 2 SECTION 3. GRANT OF EXCLUSIVE FRANCHISE FOR SOLID WASTE HANDLING SERVICES FROM ALL RESIDENTIAL AND COMMERCIAL PREMISES, AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING SERVICE...................................8 3.1 Scope of Franchise................................................................................................8 384/015610-0089 787054 08 05/11/07 _]- Page 3.2 Matters Excluded from Scope of Franchise..........................................................8 SECTION 4. ENFORCEMENT OF EXCLUSIVITY...............................................................9 SECTION5. ACCEPTANCE; WAIVER................................................................................10 SECTION6. TERM.................................................................................................................10 SECTION 7. CONDITIONS TO EFFECTIVENESS OF AGREEMENT..............................10 7.1 Accuracy of Representation................................................................................11 7.2 Absence of Litigation..........................................................................................11 7.3 Furnishing of Insurance, Bond, Letter of Credit, and Corporate Guarantee............................................................................................................11 7.4 Effectiveness of City Council Action.................................................................11 7.5 Payment of Fees and Costs.................................................................................11 SECTION 8. SOLID WASTE HANDLING SERVICES PROVIDED BY CONTRACTOR.................................................................................................11 8.1 General................................................................................................................11 8.1.1 Equipment...............................................................................................11 8.1.2 Performance Standards...........................................................................11 8.1.3 Noise and Disruption..............................................................................12 8.1.4 Collection Times.....................................................................................12 8.1.5 Collection Schedule................................................................................12 8.1.6 Commingling of Routes..........................................................................12 8.1.7 Replacement of Containers.....................................................................12 8.1.8 Contractor's Containers...........................................................................13 8.1.9 Missed Pick-ups ......................................................................................14 8.1.10 Record of Non -collection ........................................................................14 8.2 Residential Solid Waste Handling Service.........................................................14 8.2.1 Single Family Dwellings — Automated Collection.................................14 8.2.2 Single Family Dwellings — Manual Collection.......................................15 8.2.3 Backyard Service....................................................................................15 8.2.4 Single Family Dwellings — Bin Collection.............................................16 8.2.5 Recycling Program for Single Family Dwellings Using Carts...............16 8.2.6 Recycling Program for Single Family Dwellings Using Manual Service.....................................................................................................16 8.2.7 Recycling Program for Single Family Dwellings Using Bin Service.....................................................................................................17 8.2.8 Green Waste Program for Single Family Dwellings Using Carts ..........17 8.2.9 Green Waste Program for Single Family Dwellings Using Bin Service.....................................................................................................17 8.2.10 Multi -Family Dwelling Green Waste Program.......................................18 8.2.11 Use of Bins for Multi -Family Dwelling Customers...............................18 8.2.12 Multi -Family Dwelling Recycling Program...........................................18 8.2.13 Residential Bulky Item Service..............................................................19 8.2.14 Bulky Item Diversion..............................................................................19 384/015610-0089 787054 08 a05/11/07 Page 8.2.15 Proper Handling of Bulky Items.............................................................19 8.2.16 Residential Sharps Collection Program..................................................19 8.2.17 Residential Non -Controlled Medication Collection Program.................20 8.2.18 Residential Used Oil and Oil Filter Collection Program ........................20 8.3 Commercial Solid Waste Handling Services......................................................20 8.3.1 Commercial Bins and Rolloff Boxes......................................................20 8.3.2 Commercial Carts...................................................................................20 8.3.3 Commercial Recycling Program.............................................................21 8.3.4 Restaurant Food Waste Diversion Program............................................21 8.3.5 Commercial Bulky Item Service.............................................................22 8.4 Temporary Services............................................................................................22 8.5 Recycling Obligations and Public Education Program.......................................23 8.5.1 Minimum Requirements for Delivery of Recyclable Materials andGreen Waste.....................................................................................23 8.5.2 Extent of Applicable Franchise Rights...................................................24 8.5.3 AB 939 Obligations, Guarantee, and Indemnification ............................24 8.5.3.1 Warranties and Representations......................................24 8.5.3.2 Waste Reduction and Program Implementation .............24 8.5.3.3 Guarantee and Indemnification.......................................24 8.5.4 Waste Generation/Characterization Studies...........................................25 8.5.5 Implementation of Additional Diversion Services.................................26 8.6 Additional Services.............................................................................................26 8.6.1 Biennial Document Shredding Events....................................................26 8.6.2 City Sponsored Events............................................................................26 8.6.3 Recycling Assistance for Special Events................................................26 8.6.4 Bin and Bin Enclosure Cleaning.............................................................27 8.6.5 Public Service Calls from City Departments..........................................27 8.6.6 Holiday Trees..........................................................................................27 8.6.7 Handling of Electronic Waste.................................................................27 8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste....................................................................................................... 27 8.7 Special Services..................................................................................................27 SECTION 9. MINIMUM STANDARDS FOR CONTRACTOR'S SOLID WASTE HANDLING SERVICE COLLECTION VEHICLES.......................................28 9.1 General.................................................................................................................28 9.2 Air Quality/Fuel Requirements...........................................................................28 9.3 Specific Requirements........................................................................................28 9.4 Costs of Operation and Damages........................................................................30 9.5 City Inspection....................................................................................................30 9.6 Correction of Defects and Removal of Vehicles from Use within City.............30 SECTION 10. CONTRACTOR'S SOLID WASTE HANDLING SERVICE PERSONNEL................................................................................................... 10.1 Uniforms.................................................................................. 10.2 Identification of Employees .................................................... 10.3 Employee List......................................................................... 384/015610-0089 787054.08 a05/11/07 -111- Page 10.4 Driver's License..................................................................................................31 10.5 Discontinued Use of Unsatisfactory Employees.................................................31 10.6 Training and Legal Compliance..........................................................................31 10.7 Customer Service................................................................................................31 10.7.1 Local Office; Local Participation............................................................31 10.7.2 Telephone Customer Service Requirements...........................................32 10.7.3 Complaint Documentation......................................................................33 10.7.4 Resolution of Customer Complaints.......................................................33 10.7.5 Government Liaison................................................................................33 10.8 Education and Public Awareness........................................................................34 10.8.1 General....................................................................................................34 10.8.2 Implementation and On -going Education Requirements ........................34 SECTION 11. CONTRACTOR'S CONSIDERATION.............................................................35 l l .1 Reimbursement of Renegotiation Costs..............................................................35 11.2 Administrative Cost Reimbursement..................................................................35 11.3 Franchise Fee......................................................................................................35 11.4 Services at City Facilities....................................................................................36 11.5 AB 939 Fee.........................................................................................................36 SECTION 12. CHARGE FOR LATE PAYMENTS..................................................................38 SECTION 13. CONTRACTOR'S BILLING SERVICES AND SYSTEMS .............................38 13.[ Residential Customers........................................................................................38 13.1.1 General— Tax Roll Billing......................................................................38 13.1.2 Credit for Residential Customers Receiving Bin Service.......................38 13.1.3 Refunds for Vacant Properties................................................................38 13.2 Billing and Payment for Commercial and Multi -Family Customers..................39 13.2.1 General....................................................................................................39 13.2.2 Unoccupied Premises..............................................................................39 13.2.3 Delinquent Accounts...............................................................................39 13.2.4 Minimum Requirements for Billing Statements.....................................40 13.2.5 Billing System.........................................................................................40 13.2.5.1 Computerization of Account Information .......................40 13.2.5.2 Minimum Computer Programming Requirements.................................................................. 40 13.2.6 Billing Inquiries......................................................................................41 13.2.7 Distribution of Public Information..........................................................41 133 Payment, Accounting Systems............................................................................41 13.3.1 Collection and Processing of Payments..................................................41 13.3.1.1 Accounting and Deposit of Funds...................................41 13.3.1.2 Allocation of Funds.........................................................41 13.3.1.3 Allocation of Funds by City............................................42 13.3.1.4 Tax Roll Payments Limited............................................42 SECTION 14. FAITHFUL PERFORMANCE...........................................................................42 384/015610-0089 787054.08 a05/11/07 -iv- Page SECTION 15. INSURANCE COVERAGE...............................................................................43 15.1 Minimum Scope of Insurance.............................................................................43 15.2 Minimum Limits of Insurance............................................................................43 15.3 Deductibles and Self -Insured Retentions............................................................44 15.4 Other Insurance Provisions.................................................................................44 15.4.1 General Liability and Automobile Liability Coverages ..........................44 15.4.2 Workers' Compensation and Employers Liability Coverage .................45 15.4.3 All Coverages..........................................................................................45 15.5 Acceptability of Insurers.....................................................................................45 15.6 Verification of Coverage.....................................................................................45 15.7 Loss or Reduction in Insurance...........................................................................45 SECTION 16. ASSIGNMENT, SUBLETTING, AND TRANSFER; REQUIREMENTS AND LIMITATIONS.........................................................45 16.1 General................................................................................................................45 16.2 "Assignment" to be Broadly Interpreted.............................................................46 16.3 Nature of Agreement — Personal to Contractor...................................................46 16.4 Procedure for Consideration of Assignment.......................................................46 16.5 Assignment to a Family Member........................................................................48 SECTION 17. REVIEW OF SERVICES AND PERFORMANCE...........................................48 17.1. Performance Hearing..........................................................................................48 17.2 Performance Satisfaction Survey........................................................................49 SECTION 18. CITY'S REMEDIES; DEFAULT AND TERMINATION................................49 18.1 Notice of Default.................................................................................................49 18.2 Failure to Cure....................................................................................................50 18.3 Review by City Manager....................................................................................50 18.4 City Council Review........................................................................................... 50 18.5 Performance During Reviews.............................................................................50 18.6 Termination without Right to Cure.....................................................................51 18.7 Liquidated Damages...........................................................................................51 18.7.1 General....................................................................................................51 18.7.2 Service Performance Standards; Liquidated Damages for Failure to Meet Standards.......................................................................52 18.7.3 Calculations for Liquidated Damages ..................................................... 52 18.7.3.1 Collection Reliability......................................................52 18.7.3.2 Collection Quality...........................................................53 18.7.3.3 Customer Responsiveness...............................................53 18.7.3.4 Timeliness of Submissions to City ................................. 53 18.7.4 Process for Assessment of Liquidated Damages .................................... 54 18.7.5 Timing of Payment.................................................................................54 SECTION 19. CONTRACTOR'S REMEDIES; ADMINISTRATIVE HEARING..................54 19.1 Administrative Hearing.......................................................................................54 19.2 Other Remedies; Claims.....................................................................................54 193 Actions for Damages........................................................................................... 55 384/015610-0089 787054.08 a05/I1/07 _V _ Page SECTION 20. CITY'S ADDITIONAL REMEDIES.................................................................55 SECTION 21. RIGHTS OF CITY TO PERFORM DURING EMERGENCY .........................55 21.1 Provision of Service............................................................................................55 21.2 Possession of Equipment....................................................................................56 21.3 Exclusions from Right to Possession of Equipment without Compensation..................................................................................................... 56 SECTION22. PRIVACY...........................................................................................................56 SECTION 23. REPORTS AND ADVERSE INFORMATION.................................................56 23.1 Monthly Reports.................................................................................................57 23.2 Quarterly Reports................................................................................................57 23.3 Annual Reports...................................................................................................57 23.4 Financial Report ..................................................................................................58 23.5 Adverse Information...........................................................................................58 23.6 Disaster Plan ....................................................................................................... 59 23.7 Failure to Report .................................................................................................59 SECTION24. COMPENSATION.............................................................................................59 24.1 Contractor Rates.................................................................................................. 59 24.2 Resolution of Disputes Regarding Rate Adjustments.........................................60 24.3 Annual Consumer Price Index Adjustments to Service Component..................60 24.4 Limitations to Annual CPI Adjustments to Service Component ........................60 24.4.1 Rate Guarantee........................................................................................60 24.4.2 Six Percent (6%) Cap..............................................................................61 24.4.3 Compliance with Agreement..................................................................61 24.5 Disposal Component Adjustments ............................................ :......................... 61 24.6 Discretionary Adjustments..................................................................................61 24.7 Grants..................................................................................................................62 SECTION 25. IDENTIFICATION OF CONTRACTOR..........................................................62 SECTION 26. CITY'S FLOW CONTROL OPTION................................................................62 SECTION 27. INDEMNIFICATION.........................................................................................63 27.1 General................................................................................................................63 27.2 Hazardous Substances Indemnification..............................................................64 SECTION 28. CONTRACTOR'S BOOKS AND RECORDS; AUDITS..................................65 28.1 Maintenance and Inspection of Records.............................................................65 28.2 CERCLA Defense Records.................................................................................65 283 Audits..................................................................................................................66 28.3.1 Annual Examination of Services............................................................66 28.3.2 Discretionary Audits...............................................................................66 28.3.3 Route Audit.............................................................................................66 SECTION 29. TRANSITION OBLIGATIONS.........................................................................68 .w . 384/015610-0089 787054 08 a05/1 L07 =1i0 19I Page SECTION 30. GENERAL PROVISIONS.................................................................................68 30.1 Force Majeure .....................................................................................................68 30.2 Independent Contractor.......................................................................................68 30.3 Pavement Damage..............................................................................................69 30.4 Property Damage................................................................................................69 30.5 Right of Entry .....................................................................................................69 30.6 Law to Govern; Venue........................................................................................69 30.7 Amendment.........................................................................................................69 30.8 Notices................................................................................................................69 30.9 Guarantee of Contractor's Performance..............................................................70 30.10 Savings Clause....................................................................................................70 30.11 Exhibits Incorporated ...................................... .................................................... 70 30.12 Joint Drafting......................................................................................................70 30.13 Attorneys' Fees and Litigation Costs..................................................................70 30.14 City's Authorized Agent......................................................................................71 30.15 Integrated Agreement..........................................................................................71 30.16 Section Headings................................................................................................71 30.17 Compliance with Law.........................................................................................72 EXHIBIT A MAXIMUM RATE SCHEDULE FOR SOLID WASTE HANDLING SERVICES EXHIBIT 13 CONTAINERIBIN SPECIFICATIONS EXHIBIT C CITY FACILITIES EXHIBIT D CITY SPONSORED EVENTS EXHIBIT E CORPORATE GUARANTEE .4 ._ , 19 v 384/015610.0089 787054 08 a05/11/07 -vii- AGREEMENT This Agreement ("Agreement") is entered into to be effective as of the 1st day of July 2006, by and between the City of La Quinta ("City") and Burrtec Waste and Recycling Services, LLC ("Contractor") (collectively, the 'Parties") to provide an exclusive franchise for Solid Waste Handling Services within the City. RECITALS: A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all Solid Waste; within their jurisdictions. B. Pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City has determined that the public health, safety, and welfare require that an exclusive franchise agreement be awarded to a qualified solid waste enterprise for Solid Waste Handling Services within the City Limits. D. City previously entered two franchise agreements, one for Solid Waste Handling Services and one for the collection of recyclable materials, with Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management'), dated June 30, 2000 (collectively referred to as the "Original Agreement'). E. Waste Management subsequently desired to assign its obligations and liabilities pursuant to the Original Agreement to Contractor, and City approved such assignment by Waste Management to Contractor, conditioned upon and subject to an assignment and assumption agreement approved by City (the "Assignment Agreement'). The Assignment Agreement and the Original Agreement are collectively referred to herein as the Prior Agreements. F. City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, and disposal of Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, and that it is Contractor, not City, who is "arranging for" the collection, transport for disposal, composting, and recycling of municipal Solid Waste in the City which may contain hazardous substances. City and Contractor understand and agree that it is Contractor, and not City, who will arrange to collect Solid Waste , that City has not, and, by this Agreement does not, instruct Contractor on its collection methods, nor supervise the collection process, nor do the Parties intend to place title to such Solid Waste in City, but rather intend that whatever, if any, title in and to such Solid Waste that otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Contractor, and further that if Contractor gains title to such Solid Waste it is by operation of law and agreement with its Customers and is not the result of this Agreement. By entering this Agreement City and Contractor further desire to confine that Contractor has agreed to indemnify the City in connection with any claims relating to the inadvertent or intentional 19� 384/015610-0089 787054 08 a05/11/07 collection, transportation and/or disposal of hazardous materials that may occur in connection with Contractor's performance under this Agreement. G. Contractor has agreed, as part of this Agreement, to provide such services as are necessary or desirable to ensure City complies with the requirements of AB 939 and Public Resources Code Section 40000, et seq. COVENANTS: Based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the Parties, City and Contractor hereby agree as follows: SECTION 1. RECITALS The Parties acknowledge the above recitals are true and correct and incorporate them herein as if they were fully restated. SECTION 2. DEFINITIONS Whenever any term used in this Agreement has been defined by the California Public Resources Code, the definition of such term set forth therein shall apply unless the term is otherwise defined in this Agreement. 2.1 AB 939 "AB 939" shall mean the California Integrated Waste Management Act of 1989, currently codified as California Public Resources Code Section 40000 et seq., as it may be amended from time to time. 2.2 Affiliate "Affiliate" means a business in which Contractor owns a direct or indirect ownership interest, a business (including corporations, limited and general partnerships and sole proprietorships) which has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof-, and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. 19 384/015610-0089 _ 787054 08 a05/11/07 -2' 2.3 Animal Waste "Animal Waste" shall mean animal carcasses, dead animals, and/or parts or portions of dead animals. Animal Waste shall not include manure. 2.4 Bins "Bins" shall mean a metal Container, including dumpsters, compactors, and any similar such devices with a capacity of under ten (10) cubic yards. 2.5 Bulk Items tems "Bulky Items" means Solid Waste that cannot and/or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators with and without Freon, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); Residential wastes (including wood waste, tree branches, scrap wood, in the aggregate not exceeding one cubic yard per Collection); and clothing. For purposes of this Agreement, and notwithstanding any provision hereof to the contrary, Bulky Items shall specifically include electronic equipment (including stereos, televisions, computers and monitors, cellular phones, VCRs, microwaves and other similar items commonly known as "brown goods" and "e-waste"), batteries, and florescent light tubes. Bulky Items do not include car bodies, Construction and Demolition Debris or items requiring more than two persons to remove. A single Bulky Item is intended to mean an single appliance or other item meeting the above definition, or a single "bundle" of small items (such as tree limbs or stumps) that have been secured together so as to be able to be lifted and moved by no more than two men. In the event a question arises as to whether a specific item, or category of items meets the definition of Bulky Items, City shall be responsible to determine whether said definition shall apply, which determination shall be final and binding on the Parties. 2.6 Cart "Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi -automated process, as opposed to a manual process of lifting and dumping. 2.7 City "City" shall mean the City of La Quinta, a municipal corporation, located in Riverside County, California. 2.8 CityLimits imits "City Limits" shall mean the territorial boundaries of the City together with all amendments and changes thereto, which boundaries are depicted on maps, incorporated herein by reference, that are kept on file in the office of the City Clerk of the City of La Quinta, and which are from time to time amended to reflect changes. 384/015610-0089 _ v 787054.08 a05/11/07 -3 2.9 City Manager "City Manager" shall mean the City Manager of the City of La Quinta or his or her designee. 2.10 Collect/Collection "Collect" or "Collection" shall mean to take physical possession of, transport, and remove Solid Waste from a premises. 2.11 Commercial Premises "Commercial Premises" means Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, in the Municipal Code, or otherwise, for purposes of this Agreement Premises upon which Hotels, and Motels are operated, and Premises upon which four or more Dwelling Units exist shall be deemed to be Commercial Premises. 2.12 Container "Container" means any and all types of Solid Waste receptacles, including Carts, Bins, and receptacles provided by Customers. 2.13 Contractor "Contractor" shall mean Burrtec Waste and Recycling Services, LLC, the entity granted the franchise pursuant to this Agreement, or any party permitted pursuant to the terms hereof to become the successor or assignee thereof. 2.14 Customer "Customer" shall mean any person receiving Solid Waste Handling Services from Contractor within the Franchise Area. 2.15 Dwelling Unit "Dwelling Unit" shall have the meaning set forth in the Municipal Code. 2.16 Effective Date "Effective Date" shall mean July 1, 2007. 2.17 Environmental Laws "Environmental Laws" means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example 384/015610-0099 _ .0 787054 08 a05/11107 _4 and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et sea.; the Resource Conservation and Recovery Act, 42 USC §6901 et sue.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §2601 et seq.; the Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seo.; the Carpenter - Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code §25300 et sue.; the Porter -Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. 2.18 Franchise Area "Franchise Area" shall mean all Premises within the City Limits, including Premises which may be annexed and thereby added to the City Limits following the Effective Date. 2.19 Franchise Fee "Franchise Fee" shall mean the franchise fee set forth and more fully defined in Section 11 hereof. 2.20 Gross Receipts "Gross Receipts" shall mean and include all monies, fees, charges, consideration, and revenue received, charged or imputed to Contractor and any Affiliate of Contractor, in connection with, arising from, or in any way attributable to the Solid Waste Handling Services carried out by or on behalf of Contractor pursuant to this Agreement. Gross Receipts includes, without limitation, monthly Customer charges for Collection of Solid Waste, without subtracting Franchise Fees, fees imposed and collected pursuant to this Agreement, sums collected in connection with Temporary Services, and transportation charges. Notwithstanding anything herein to the contrary, Gross Receipts shall not include either: (1) revenues from the sale of salvageable or Recyclable Material, (2) AB 939 Fees, as defined herein, paid to City, or (3) the that portion of the rates charged to and paid by Customers for Solid Waste Handling Services which is designated to reimburse Contractor for the cost of disposal (i.e., the disposal component), the maximum rates for which are set forth on Exhibit A. 2.21 Hazardous Substance "Hazardous Substance" shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seg.(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7401 et seq.; and (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or 384/015610-0089 787054.08 a05/11/07 -5- acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local laws or regulations, including any of the Environmental Laws, currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, and by- products. 2.22 Hazardous Waste "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et se .), all future amendments thereto, and all rules and regulations promulgated thereunder. 2.23 Multi -Family Dwelling "Multi -Family Dwelling" means either (i) any building or lot containing four or more Dwelling Units, or (ii) any building or lot containing two or more Dwelling Units which Contractor determines (and City agrees) must receive Solid Waste Handling Services through the use of shared Bins, since they are not reasonably able to receive individualized Solid Waste Handling Service through the use of Carts. Any ambiguity as to whether a Customer's Premises qualifies as a Single Family Dwelling or Multi -Family Dwelling shall be resolved by the City Manager whose decision shall be final. 2.24 Municipal Code "Municipal Code" shall mean City's Municipal Code. 2.25 Person "Person" shall mean any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Riverside, towns, cities, and special purpose districts. 2.26 Premises "Premises" shall mean any land, building, and/or structure within the City Limits where Solid Waste is generated or accumulated. 2.27 Recyclable Material "Recyclable Material" or "Recyclables" shall mean that Solid Waste discarded within the Franchise Area which is capable of being recycled. .VI_ 2 O 1 384/01561"089 _ 787054.08 a05/11,07 -6 2.28 Residential Premises "Residential Premises" shall mean all premises upon which Dwelling Units exist. Notwithstanding any provision to the contrary herein, in the Municipal Code, or otherwise, for purposes of this Agreement Premises upon which hotels, and motels are operated, and Premises upon which four or more Dwelling Units exist shall be deemed to be Commercial Premises. 2.29 Rolloff Box "Rolloff Box" means Solid Waste Collection Containers of ten (10) yards or larger, including compactors. 2.30 Single Family Dwelling "Single Family Dwelling" means a building or lot containing one Dwelling Unit, and for purposes of this Agreement includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined by the City to be reasonably able to receive individualized Solid Waste Handling Service and the number of Dwelling Units on the premises is less than four (4) (i.e., properties commonly referred to as a duplex or a triplex.) Any ambiguity as to whether a Customer's Premises qualifies as a Single Family Dwelling or Multi -Family Dwelling shall be resolved by City. 2.31 Solid Waste "Solid Waste" shall mean and include all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, Refuse, rubbish, construction waste, industrial waste, commercial Solid Waste, Bulky Items, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid Waste does not include hazardous (Class 1) waste, low-level radioactive waste, untreated medical waste, or Special Wastes as defined herein. 2.32 Solid Waste Handling Services "Solid Waste Handling Services" means the Collection, transfer, transport, recycling, processing, and disposal of Solid Waste. 2.33 Special Wastes "Special Wastes" shall mean wastes other than Solid Waste including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, Animal Waste, explosive substances, radioactive materials, and other materials which may not be disposed of at a Class III landfill or which require special handling. 2.34 Temporary Service "Temporary Service" shall mean Solid Waste Handling Services provided by Contractor on an as -needed and temporary basis to any Premises within the City in conjunction with 0 p?{tr 384/015610-0089 787054 08 a05/11/07 -7- construction, demolition, cleanup or other projects, and by use of temporarily placed Bins or Rolloff Boxes. 2.35 Term "Term" shall have the meaning ascribed in Section 6 of this Agreement. SECTION 3. GRANT OF EXCLUSIVE FRANCHISE FOR SOLID WASTE HANDLING SERVICES FROM ALL RESIDENTIAL AND COMMERCIAL PREMISES, AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING SERVICE 3.1 Scope of Franchise Except as hereinafter expressly set forth, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive contract, right, and privilege to Collect, transport, and dispose of all Solid Waste generated or accumulated within the Franchise Area. The exclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable state and federal laws, now in effect and adopted during the term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and developing laws and regulations. In the event that future interpretations of current law or future enactments limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth herein, Contractor agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor as a result thereof. 3.2 Matters Excluded from Scope of Franchise Notwithstanding any other provisions set forth in this Agreement to the contrary, the exclusive franchise granted herein shall exclude the Collection, transportation, recycling, and disposal of: (A) any Solid Waste otherwise within the scope of this Agreement which is transported by a Self Hauler as that term is used in the Municipal Code, or any other City ordinance, resolution, regulation or policy, as such may be adopted or amended from time to time; (B) the sale or donation of Recyclable Material by the person or entity that generated such Recyclable Material (the "Generator") to any person or entity other than Contractor; provided, however, to the extent permitted by law, if the Generator is required to pay monetary or non -monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Material, the fact that the Generator receives a reduction or discount in price (or in other terns of the consideration the Generator is required to pay) shall not be considered a sale or donation; - 20 384/015610-0089 787054 08 a05/11/07 -8 (C) any Solid Waste otherwise within the scope of this Agreement which is Collected or transported to a disposal or recycling facility by City employees in the course and scope of their employment with City; (D) the Collection, transportation, or disposal of Hazardous Waste, biohazardous waste, untreated medical waste, infectious waste, Animal Waste, or other materials which do not constitute Solid Waste; (E) the Collection, transportation, and disposal of Construction and Demolition Waste by a contractor, handyman, repairman, or other similar service provider, as an incidental part of the services provided to its Customers, rather than as a hauling service, provided that such waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials; (F) the Collection, transportation, and disposal of green waste and related Solid Waste by a gardener, or landscaper, as an incidental part of the gardening or landscaping services provided to its Customers, rather than as a hauling service provided that such Solid Waste is not collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials; (G) Solid Waste Handling Services provided by any Person having a legal right to continue doing so, pursuant to Public Resources Code Section 49520, et. seq., or otherwise, as long as and to the extent such legal right continues to exist; except that to the degree any territory in which Contractor has a franchise granted by another governmental entity is annexed into City during the Term, Contractor agrees the provisions of this Agreement shall apply to such territory and further acknowledges that this Agreement constitutes any notice required by the Public Resources Code in connection therewith. SECTION 4. ENFORCEMENT OF EXCLUSIVITY Contractor shall be responsible for enforcing the exclusivity of this Agreement. City shall have the right to enforce the exclusivity provisions hereof if, in its absolute and sole discretion, it chooses to do so, but City shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions hereof. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. Should City take administrative, law enforcement, or other legal action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution, ordinance, a public outreach and/or education program) intended to facilitate the enforcement of the exclusive rights granted herein, Contractor shall actively participate in, and fund, the same, and shall reimburse City for its all administrative, law enforcement, or other legal costs and fees related to any such action unless Contractor provides advance written notice to City of its opposition to such activity. 2 0 3841015610-0089 _ 787054 08 a05/11107 _9 SECTION 5. ACCEPTANCE; WAIVER Contractor agrees to be bound by and comply with all the requirements of this Agreement. Contractor waives Contractor's right to change the terms of this Agreement under Federal, State, or local law, or administrative regulation. Contractor waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. Additionally, by and upon the execution of this Agreement, Contractor agrees to the termination of the Prior Agreements as of the Effective Date, agrees to waive any and all rights under the Prior Agreements, and agrees to release and hold the City harmless fi•om any of the City's obligations thereunder (excepting, however, the right to compensation for services provided at the rates approved by City as of the Effective Date); provided, however, nothing contained in this provision is intended to or shall relieve Contractor from any obligation existing under the Prior Agreements pertaining to insurance, indemnification, or other legal obligations to City or Customers (as opposed to obligations to provide service pursuant to the terms thereof), or from any obligation set forth in the Prior Agreements which are called out as surviving the termination thereof, and all such obligations, including specifically those indemnification obligations relating to Environmental Laws, general liability, and AB 939 shall survive the termination of the Prior Agreements. SECTION 6. TERM The term of this Agreement (the "Term") shall be for the period of time commencing on July 1, 2007, and ending at midnight on June 30, 2016, unless this Agreement is terminated sooner pursuant to Section 18 hereof, or otherwise. At the conclusion of the Term, the City shall have the option, which it may exercise in its sole discretion, to extend the Term of this Agreement for up to twelve (12) months. The City may exercise this extension option by giving 90-day advance written notice to Contractor prior to the expiration of the initial Term. If such extension notice is provided by City, the Agreement will automatically renew monthly, up to a maximum of 12 months. Such automatic renewals shall cease, and this Agreement shall terminate, upon the earlier o£ (i) the expiration of the aforementioned 12 months, or (ii) 60 days following the date upon which City gives Contractor written notice of termination. Upon receipt of City's decision to exercise its extension option, Contractor shall continue to provide services as set forth herein, and shall be bound by all obligations hereunder, for the period during which the Term is extended. SECTION 7. CONDITIONS TO EFFECTIVENESS OF AGREEMENT The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement, and a condition of Contractor's continued right to the benefits conveyed herein: 2�7 384/015610-0089 -10- 787054 08 a05/11 /0] 7.1 Accuracy of Representation All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true, and correct on and as of the Effective Date of this Agreement. 7.2 Absence of Litigation There shall be no litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance. 7.3 Furnishing of Insurance Bond Letter of Credit and Corporate Guarantee Contractor shall have furnished evidence of the insurance, bonds and letter of credit required by Sections 14 and 15, and shall comply with all ongoing requirements relating thereto, and shall provide the Corporate Guarantee required by Section 29.9. 7.4 Effectiveness of City Council Action City's Resolution approving this Agreement shall have become effective pursuant to California law. 7.5 Payment of Fees and Costs Contractor shall have made payment to City of all fees, costs and other payments due as of the Effective Date as more fully set forth in Section 11. SECTION 8. SOLID WASTE HANDLING SERVICES PROVIDED BY CONTRACTOR 8.1 General 8.1.1 Equipment Contractor shall furnish all labor, supervision, materials, supplies, and equipment necessary to provide for all services required by the terms of this Agreement. 8.1.2 Performance Standards Contractor shall perform Solid Waste Handling Services as required hereunder in a workmanlike manner consistent with good housekeeping standards and all relevant provisions of the Municipal Code. Contractor's equipment shall be water -tight, leak proof and maintained in good repair with the goal of preventing any leaks or spills onto public or private property, and eliminating objectionable odors. Contractor shall immediately clean up any spills from its equipment of which it becomes or is made aware. IV Y 384/015610-0089 -11- 787054.08 a05/11/07 8.1.3 Noise and Disruption Contractor shall perform Solid Waste Handling Services as required hereunder in such a manner as to minimize noise and other disruptive impacts including, without limitation, those upon traffic. Contractor shall use its best efforts to coordinate its Collection schedules such that street sweeping on any given street shall occur the business day following Collection of Solid Waste by Contractor. 8.1.4 Collection Times All Solid Waste and Recyclable Material shall be Collected between the hours of 5:30 a.m. to 6:00 p.m., Monday through Saturday. 8.1.5 Collection Schedule Contractor shall establish Collection routes and a Collection schedule which shall be approved by the City Manager such that Customers at all Residential and Commercial Premises within the City will have not less than one established Collection day each week. Contractor shall provide notice to each Customer of its established Collection day(s), and shall provide at least one week's notice to Customers of any change in their established Collection day(s). Notwithstanding any provision herein to the contrary, should any established Collection date fall on a legal holiday, or on any other holiday which is observed by either a landfill or other lawful disposal site to which Solid Waste is taken for disposal, or a recycling facility to which Recyclable Material is taken, Contractor shall provide for Collection one (1) day later during the pick-up week, and the regular pick-up schedule shall be resumed the following week. A pick-up week shall be defined as Monday through Saturday. Contractor may not change its established Collection schedules without obtaining the prior written consent of the City Manager. Contractor does not typically provide Collection for Residential Premises on Mondays. If a homeowner's association desires Collection for the entire community it governs to occur on a Monday, than Contractor may include a surcharge for doing so in an amount that does not exceed the maximum rate set forth on Exhibit A. 8.1.6 Commingling of Routes Contractor shall not during its Collection process commingle Solid Waste Collected hereunder with Solid Waste Collected in any other City, or on behalf of any other entity operating or existing within City that is not subject to this Agreement, and is specifically prohibited from combining Collection routes related to services provided pursuant to this Agreement with Collection routes for other jurisdictions it may service. Notwithstanding the forgoing, Contractor may combine Collection routes dedicated exclusively to the Collection of Recyclable Materials Collected in Recycling Carts, Recycling Crates, or Recycling Bins, or Collection routes dedicated exclusively to the Collection of green waste Collected in Green Waste Carts, with Collection routes for other jurisdictions. 8.1.7 Replacement of Containers Contractor shall, whenever possible, place Carts or Customer provided Containers in the street gutter, adjacent to the curb upon completing Collection. Contractor shall replace all •4_�, 20, 384/015610-0089 -12- 787054.08 a05/1 V07 Bins in the location upon the property of each Customer utilizing Bins designated for storage of Bins, and shall secure gates, doors, and/or enclosures when applicable. 8.1.8 Contractor's Containers (A) Contractor's Containers shall meet the minimum standards set forth on the attached Exhibit B. (B) Contractor shall be responsible to maintain and replace, as necessary, all of its Containers. (C) All Contractor's Containers shall be maintained by Contractor in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager. (D) All Carts shall be maintained by Contractor in a watertight condition, as shall all Bins which are used primarily for the disposal of Solid Waste containing liquids. (E) Carts utilized in connection with the Prior Agreements may continue to be utilized for services hereunder provided they are in good repair, meet the requirements set forth in Exhibit B, and are replaced by Contractor with new Carts at no charge if requested by either a Customer or City. (F) Contractor shall replace any damaged Carts at no charge to Customers, provided, however, Contractor shall be entitled to charge Customers for the replacement of any Cart that has been damaged by a Customer, ordinary wear and tear excepted, so long as such charges do not exceed those set forth in Exhibit A. (G) Contractor shall replace any lost or stolen Carts within three business days, at no cost to Customers. Contractor shall only be obligated to replace a lost or stolen Cart for a Customer at no charge two times during the Term hereof. For each replacement of a lost or stolen Cart thereafter, Contractor shall be entitled to charge Customers an amount that does not exceed that set forth in Exhibit A. (H) Contractor shall at Customer's request annually refurbish, replace, and steam clean as necessary all Bins and Rolloff Boxes at no charge to Customers. Additional steam cleaning shall be provided to any Customers who request it at a charge not to exceed twenty five dollars ($25.00) per Bin, or alternatively Contractor shall provide a replacement Bin/Rolloff Box to Customers at no charge. (I) Contractor shall remove any graffiti that appears on its Containers within twenty- four (24) hours after becoming aware of it. (J) All Bins and Rolloff Boxes shall be kept freshly painted in a uniform fashion and shall be identified with Contractor's name and phone number in letters not less than three inches high on its exterior so as to be visible when the Container is placed for use. Notwithstanding the forgoing, the parties acknowledge that as of the Effective Date Contractor continues to use Bins and Rolloff Boxes which were utilized by Waste Management in connection with the Prior Agreements. Some of these Containers are labeled with the prior contractor's name and are not ((fi�n 384/015610-0089 f 2 U J 787054.08 a05/11/07 -13- painted the same color as Contractor's other Containers. Contractor may continue to utilize these Containers, provided that by July 1, 2009 all Bins and Rolloff Boxes shall have a uniform color, and the name of any solid waste enterprise other than Contractor shall not appear on any Bin or Rolloff Box utilized hereunder. locks. (K) At a Customer's request, Contractor shall provide Bins with locking lids and 8.1.9 Missed Pick-ups hi case of a missed pick-up called in by a Customer, Contractor shall Collect Solid Waste and Recyclable Material from such Customer no later than the next day of the pick- up week following the date of the call. Records of the addresses of all missed pick-ups shall be maintained by Contractor, and shall be reported to City upon request. If Contractor demonstrates to the satisfaction of the City Manager a pattern of ongoing late "set -outs" by a given Customer, missed pick-ups resulting from late set -outs by that Customer shall not be counted as missed pick-ups in evaluating Contractor's performance hereunder. 8.1.10 Record of Non -collection When Contractor refuses to Collect any Solid Waste deposited for Collection, Contractor shall leave a tag at least 2" by 6" in size, indicating the reason for Contractor's refusal to do so. This information may be either handwritten or left by means of a check system (i.e., checking off boxes on a preprinted form). The tag shall provide Contractor's business name and its local telephone number and shall be securely fastened to the Container or the article refused. Contractor shall maintain a record of all such taggings at its place of business. Such record shall contain the date of such notice, street address, reason for non -collection, and a summary of any communications between Contractor and the Customer involved. Such notice shall be retained so that it may be conveniently inspected by representatives of City upon request. In addition to tagging un-Collected Containers, Contractor shall send a written notice to any Customer at a Commercial Premises whose Container is not Collected explaining the reason for the non - Collection, and records of such correspondence shall be maintained in the same manner as noted above with regard to tags. 8.2 Residential Solid Waste Handling Service 8.2.1 Single Family Dwellings — Automated Collection Except for those Customers who receive Manual Service or who receive service utilizing Bins as provided herein, Contractor shall provide each Customer at a Single Family Dwelling with one (1) ninety-six (96) gallon Cart designated for the Collection of mixed Solid Waste (a Refuse Cart), and shall Collect all Solid Waste placed therein for Collection not less than once per week using an automated Collection system at rates that do not exceed the maximum rates set forth in Exhibit A. Contractor shall also, at no additional charge, Collect Solid Waste which a Customer may occasionally place adjacent to their Refuse Cart(s) in bags or boxes for Collection. Upon request from any Customer at a Single Family Dwelling, Contractor shall provide such Customer with one or more additional Refuse Carts at no charge; provided, however, Contractor's monthly rate for Solid Waste Handling Services to such Customers may 384/015610_0089 .4 2 U W 787054 08 a05/11/07 -14- be increased on a per Refuse Cart basis in an amount that that does not exceed the maximum rates set forth in the attached Exhibit A. Any Customer requesting a smaller Refuse Cart shall be provided with their choice of either a sixty-four (64) gallon or thirty-five (35) gallon Refuse Cart by Contractor instead of the standard ninety-six (96) gallon Cart noted above. Wherever feasible, Customers shall be directed to place Carts for Collection in the street gutter, against the curb. If a Customer and Contractor cannot agree upon a Collection location, or if City determines the selected location to cause safety or other concerns, City may make the final determination of the Collection location. 8.2.2 Single Family Dwellings — Manual Collection If a homeowner's association governing a gated community advises Contractor that it wishes its entire community to receive Solid Waste Handling Services utilizing containers provided by its homeowners collected by manual efforts, rather than the use of Cart collected with an automated process, and upon approval of such request by City, Contractor shall provide Solid Waste Handling Services to all Customers in such community by manual means (i.e., manually lifting Containers provided by Customers and dumping their contents into a Collection vehicle) ("Manual Service"). Communities already receiving Manual Service pursuant to the Prior Agreements shall continue to receive such service unless they request a change. Customers receiving Manual Service shall be entitled to place out three (3) standard size trash cans of up to 40 gallons, or up to six (6) standard sized plastic garbage bags each week for Collection, and Contractor shall Collect all Solid Waste placed therein for Collection not less than once per week at rates that do not exceed the maximum rates set forth in Exhibit A. Contractor shall not be required to provide Refuse Carts to Customers receiving Manual Service, and such Customers shall provide their own Containers. Any dispute as to whether a Container (whether a trash can or bag) utilized by a Customer receiving Manual Service is "standard" shall be resolved by City. Wherever feasible, Customers shall be directed to place their Containers for Collection in the street gutter, against the curb. If a Customer and Contractor cannot agree upon a Collection location, or if City determines the selected location to cause safety or other concerns, City may make the final determination of the Collection location. 8.2.3 Backyard Service Contractor shall provide "Backyard Service" to all Customers who request it. This service shall require Contractor to use its own forces to bring a Customer's Carts (or, in the case of Manual Service, the Customer's Containers and Recycling Crates) from the Customer's backyard, side yard, or such other location at which the Customer's Containers are regularly stored, to Contractor's Collection Vehicle; and, after disposal of the contents thereof, returning said Containers to the location where they are regularly stored. Backyard Service shall be limited to moving one Refuse Cart and one Recycling Cart provided by Contractor (or, in the case of Manual Service a maximum of two Customer provided Containers and Recycling Crates provided by Contractor) a distance of not to exceed 60 feet in each direction. Any Customer who has a DMV issued NI -Permanent disabled placard, and any elderly person who demonstrates to the reasonable satisfaction of Contractor an inability to transport his/her Collection Container to the curb, shall be entitled to receive Backyard Service at no additional charge. Any other Customer who requests Backyard Service may be charged an additional charge for such service that does not exceed that set forth in the attached Exhibit A. In addition, .0_1 384/015610-0089 -15- 787054 08 .05/1 UP Contractor may impose an additional charge not exceeding that set forth on Exhibit A for each Cart or Customer provided Container in excess of those noted above required to be moved as part of any Customer's Barkyard Service. Any dispute regarding a Customer's eligibility for Backyard Service at no charge shall be resolved by the City Manager. 8.2.4 Single Family Dwellings — Bin Collection Contractor may provide Customers at Single Family Dwellings who so request with Bins in place of Refuse Carts, subject to City approval, provided the use of Bins at the property in question complies with any and all applicable policies, rules and/or regulations of City (including any such regulations as may be adapted from time to time applicable to screening and storage.) In addition, if a homeowner's association governing a gated community advises Contractor that it wishes its entire community to receive Solid Waste Handling Services utilizing Bins rather than Carts, and upon approval of such request by City, Contractor shall provide Solid Waste Handling Services to all Customers in such community through the use of Bins. Contractor shall not be required to provide Refuse Carts to Customers receiving service utilizing Bins as provided herein. 8.2.5 Recycling Program for Single Family Dwellings Using Carts Contractor shall provide each Customer at a Single Family Dwelling with one (1) ninety-six (96) gallon Cart designated for the Collection of Recyclables (a Recycling Cart) at no additional charge. Upon request from any Customer at a Single Family Dwelling, Contractor shall provide such Customer with one or more additional Recycling Carts at no additional charge. Any Customer requesting smaller Recycling Carts shall be provided with their choice of either sixty-four (64) gallon or thirty-five (35) gallon Recycling Carts by Contractor instead of the standard ninety-six (96) gallon Cart noted above. Contractor shall Collect Recyclable Material placed in Recycling Carts for Collection from each Customer at a Single Family Dwelling on the same day as such Customer's Refuse Cart is Collected. Customers shall be directed to place Recycling Carts in the same location for Collection as Refuse Carts. At a minimum the following materials shall be allowed to be deposited by Customers for Collection in Recycling Carts: aluminum cans; glass jars and bottles; bi-metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic; plastics types 3 — 7; plastic bags, shrink wrap, plastic toys and tools, and other plastic materials (if readily identifiable as being recyclable); juice boxes and milk cartons (aseptic packaging, Tetra Palo and waxed cardboard); coat hangers and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper); corrugated cardboard; and telephone books. Customers at Single Family Dwellings receiving Collection in Bins shall receive either a Recycling Cart or a specially designated Bin for the Collection of at least the above noted materials. 8.2.6 Recycling Program for Single Family Dwellings Using Manual Service If a homeowners association governing a gated community has advised Contractor that it wishes to receive Manual Service as provided herein, it shall also have the Option of receiving recycling services as described herein at no additional charge. To receive recycling services, the homeowner's association governing the community at which Manual 384/015610-0089 -16- 787054.08 a05/1 V07 Service is provided must make a request to Contractor that the service be provided to the community. Once such a request is received, Contractor shall distribute crates meeting such specifications as may be approved by City ("Recycling Crates") to all Customers in the community in question. Communities already receiving Manual Service and Recycling Crate Collection under the Prior Agreements shall continue to receive such service unless they request a change. Recycling Crates shall be designed and designated for the Collection of the same materials as set forth in Section 8.2.5. Customers shall be directed to place Recycling Crates in the same location for Collection as their Containers are placed for Collection, and Contractor shall Collect Recyclable Material placed in Recycling Crates for Collection on the same day as such Customers receive Manual Service. 8.2.7 Recycling Program for Single Family Dwellings Using Bin Service Contractor shall provide all Customers at Single Family Dwellings that utilize Bins for Collection of Solid Waste with one ninety-six (96) gallon Recycling Cart for Collection of Recyclable Material at no extra charge. Any Customer who so requests, shall be given a Recycling Bin instead of a Recycling Cart at no additional charge. 8.2.8 Green Waste Program for Single Family Dwellings Using Carts Contractor shall provide all Customers at Single Family Dwellings to whom it provides Refuse Carts, with a ninety-six (96) gallon Cart for Collection of commingled green waste (a "Green Waste Cart") at no additional charge. Contractor will make available a second Green Waste Cart at no additional charge to Customers who regularly recycle more than will fit into their existing Green Waste Cart(s). Any Customer requesting a smaller Green Waste Cart shall be provided with their choice of either a sixty-four (64) gallon or thirty-five (35) gallon Green Waste Cart by Contractor instead of the standard ninety-six (96) gallon Cart noted above. Contractor shall Collect green waste placed in Green Waste Carts for Collection from each Customer on the same day as such Customers' Refuse Cart is Collected. Customers shall be directed to place Green Waste Carts in the same location for Collection as Refuse Carts. Contractor shall provide City with the name, address, and contact person for all gated residential communities in City. Contractor shall fund a survey to be conducted by City in which each gated communities will be asked what, if any, level of green waste collection service is desired. Included specifically in the questions posed to each community will be questions as to whether green waste collection at individual homes with Carts, or at centralized locations with Bins/Rolloff Boxes is desired. Notwithstanding anything to the contrary above, Contractor's only obligation to provide green waste Collection for Customers within gated residential communities will be to implement a green waste collection program at any gated community that indicates it desires one, using a collection methodology directed by City as determined based upon the above noted survey. 8.2.9 Green Waste Program for Single Family Dwellings Using Bin Service Contractor shall provide all Customers at Single Family Dwellings that utilize Bins for Collection of Solid Waste, and who ask for green waste recycling services with one ninety-six (96) gallon Green Waste Cart for Collection of green waste at no extra charge. Any 384/015610-0089 -17- 787054.08 a05/11/07 Customer who so requests, shall be given a smaller Green Waste Cart or additional Green Waste Carts at no additional charge. 8.2.10 Multi -Family Dwelling Green Waste Program Contractor shall provide all Customers at Multi -Family Dwellings who ask for green waste recycling services with one ninety-six (96) gallon Green Waste Cart for Collection of green waste at no extra charge. Any Customer who so requests, shall be given a smaller Green Waste Cart or additional Green Waste Carts at no additional charge. 8.2.11 Use of Bins for Multi -Family Dwelling Customers Contractor shall supply Multi -Family Dwellings with Bins meeting the minimum standards set forth in Exhibit B for Solid Waste Handling Services ("Refuse Bins"). Contractor shall provide not less than one (1) Refuse Bin for every ten (10) Dwelling Units located at each Multi -Family Dwelling, to be Collected not less than_one time per week. Alternatively, if space constraints make this impractical, the City Manager may approve the use of a lesser number of Refuse Bins if they are Collected with a sufficient frequency to ensure public nuisance conditions do not exist. The size of Refuse Bins utilized, and the frequency of their Collection, shall be mutually agreed upon by Contractor and its Customers, except that Collection shall occur not less than one time per week and City shall have the right to impose minimum requirements for Bin sizes and more frequent Collection should it determine such action is needed to protect public health, safety and welfare. 8.2.12 Multi -Family DwellingRecycling Program Contractor shall provide specially designated Bins for recycling (Recycling Bins) at all Multi -Family Dwellings, at no additional charge. Contractor shall provide not less than one Recycling Bin for every twenty (20) Dwelling Units located at each Multi -Family Dwelling. Contractor shall Collect Recyclable Material placed in Recycling Bins for Collection from each Customer at least once per week. If warranted by specific circumstances at any given Multi - Family Dwelling, Recycling Carts may be utilized instead of Recycling Bins, and the minimum number of Recycling Bins/Carts may be adjusted. At a minimum, all residents of a Multi -Family Dwelling shall have access to a refuse recycling program, and any permitted adjustments to the required program (including the use of Recycling Carts and adjustments to the minimum number of Recycling Bins/Carts) shall be subject to approval by the City Manager. At a minimum the following materials shall be allowed to be deposited by Customers for Collection in Recycling Bins/Carts aluminum cans; glass jars and bottles; bi-metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic; plastics types 3 — 7; plastic bags, shrink wrap, plastic toys and tools, and other plastic materials (if readily identifiable as being recyclable); juice boxes and milk cartons (aseptic packaging, Tetra Palo and waxed cardboard); coat hangers and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper); corrugated cardboard; and telephone books. 6: r v —.• 21 384/015610-0089 787054 08 a05/11107 8.2.13 Residential Bulky Item Service Contractor shall provide unlimited Bulky Item Collection services to residents at all Single Family Dwellings and Multi -Family Dwellings in City on an on -call basis. Collection of up to four (4) Bulky Items shall occur on a Customer's regular Collection day at no charge if the Customer provides 48 hours advance notice of the desire for this service. Contractor may charge an amount not exceeding that set forth in Exhibit A for each Bulky Item in excess of four (4) Collected on a Customer's regular Collection day, or for any Bulky Item Collection requested for a day other than on a Customer's regular Collection Day. Contractor shall produce, keep current, and provide public information specifically outlining its Bulky Item Collection service, which shall specifically include the annual publication and distribution during the month of October of a brochure describing this service to residents of all Single Family and Multi -Family Dwellings in City. 8.2.14 Bulky Item Diversion Bulky Items Collected pursuant to this Agreement may not be landfilled until the following hierarchy of diversion efforts has been followed by Contractor: a. Reuse as is (if energy efficient) b. Disassemble for reuse or Recycling C. Recycle, Transformation, other means of diversion d. Disposal This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items unless the compaction mechanism is not used to compact the Bulky Items. The disposition of Bulky Items shall be tracked by Contractor and this information shall be included in Contractor's quarterly reports to City. 8.2.15 Proper Handling of Bulky Items Contractor shall properly handle all materials required to be collected as Bulky Items, including specifically items that require special handling pursuant to the Environmental Laws, such as materials that constitute "e-waste." 8.2.16 Residential Sharps Collection Program Contractor shall design a program for the collection of used needles (the "Sharps Collection Program") that the City Manager finds satisfactory and approves. Contractor shall be responsible to ensure the Sharps Collection Program complies with all applicable laws and regulations. It is anticipated that the Sharps Collection Program at a minimum will allow for Customer's to mail used needles to a specific collection location, in specialized packaging provided by Contractor, and/or deliver used needles to a location in or near City designated by Contractor. Once approved, Contractor shall implement the Sharps Collection Program at no cost to City residents. 24 384/015610-0089 -19- 787054.08 a05/11/07 8.2.1.7 Residential Non -Controlled Medication Collection Program Following the second anniversary of the Effective Date hereof, Contractor shall design and present a program to City for the collection of unused non -controlled medicines (the "Non -Controlled Medication Collection Program") that the City Manager finds satisfactory and approves. Contractor shall be responsible to ensure the Non -Controlled Medication Collection Program complies with all applicable laws and regulations. It is anticipated that the Non - Controlled Medication Collection Program at a minimum will allow for Customer's to mail and unused medication (excepting controlled substances) to a specific Collection location, in specialized packaging provided by Contractor, and/or deliver unused medication (excepting controlled substances) to a location in or near City designated by Contractor. If City desires to implement the proposed Non -Controlled Medication Collection Program Contractor shall meet and confer in good faith with City to attempt to arrive at agreeable rates. As part of any meet and confer process hereunder, Contractor shall provide all financial information related to the proposed program which City reasonably deems necessary to evaluate the actual program costs and profits proposed by Contractor. 8.2.18 Residential Used Oil and Oil Filter Collection Program Contractor shall Collect, at no additional charge, used oil and used oil filters placed for Collection by Customers at Single Family Dwellings on their regular Collection Day. Contractor may impose requirements for this program to be followed by Customers, including requirements related to the proper containerization of oil placed for Collection, provided any such requirements shall be subject to City approval. Customers may also deliver used oil and oil filters to Contractor's yard in Palm Desert at no charge. Contractor shall seek grants to fund containers to Collect these materials, and to fund an ABOP Center at the City's maintenance yard. 8.3 Commercial Solid Waste Handling Services 8.3.1 Commercial Bins and Rolloff Boxes Contractor shall provide all Customers at Commercial Premises ("Commercial Customers") with at least one Bin and/or Rolloff Box for Collection of mixed Solid Waste, and shall Collect all Solid Waste placed therein for Collection not less than once per week, at rates that do not exceed the maximum rates set forth in Exhibit A. Contractor shall provide additional Containers to Customers and shall provide additional Collections upon request, or as may be required by City's Municipal Code, health and safety requirements, or by the City Manager, and may charge rates for such services which do not exceed the maximum rates set forth in Exhibit A. Bins and Rolloff Boxes shall be Collected by Contractor from the location upon each Customer's property designated for their storage, and replaced to that location with gates and/or doors secured, as applicable, after Collection is completed, unless different arrangements are agreed upon by the Customer and Contractor. 8.3.2 Commercial Carts As an alternative to the requirements of Section 8.3.1, Contractor shall offer Collection in Refuse Carts to Commercial Customers that do not have space for, or do not 8 710-0089 -20- 87054.07054.08 a05/1 V07 generate enough waste to require the use of Bins for Collection. Rates for Customers receiving such service shall not exceed the maximum rates set forth on Exhibit A. If Contractor and Customer have a disagreement as to whether a Refuse Cart is appropriate, or if City determines the Collection in a Refuse Cart causes health and safety or other concerns, City shall make the final determination as to whether Collection in a Refuse Cart may occur. 8.3.3 Commercial Recycling Program Commercial Customers that receive 96 gallon Refuse Carts shall also be entitled to receive a ninety-six (96) gallon Recycling Cart at no additional charge, within which at least those Recyclable Materials set forth in Section 8.2.5 may be placed for Collection. Customers at Commercial Premises utilizing Refuse Bins or Rolloffs, and who choose to participate in Contractor's Recycling programs, shall be entitled to receive, at no charge, their choice of either ninety-six (96) gallon Recycling Carts or Recycling Bins (with a capacity of two (2), three (3) or four (4) yards), within which at least those Recyclable Materials set forth in Section 8.2.5 may be placed for Collection. Contractor shall contact all Customers at Commercial Premises on an annual basis and advise them of the availability of the above recycling programs, and any other programs it may offer. At a minimum this contact shall include a site visit for any Customer at a Commercial Premises that is not engaged in a recycling program. Contractor shall provide quarterly reports to City documenting its efforts, including the name address and phone number of each Customer contacted, as well as the dates of contact and the results of the contact (i.e., if the contact resulted in the implementation of a recycling program.) Following the second anniversary of the Effective Date hereof, Contractor may request a discretionary adjustment to the maximum rates set forth on Exhibit A to offset Contractor's costs in providing the Recycling Program at Commercial Premises required herein. Any such request shall be subject to the provisions hereof related to discretionary adjustments to the maximum rates Contractor may charge, including specifically, without limitation, the provisions of Sections 24.6 and 11.2 hereof, provided, however, to the degree the provisions of the final sentence of Section 24.6 would otherwise prohibit Contractor's submission of a discretionary rate increase for consideration by the City for the purpose contemplated by this Section such provisions shall not apply. 8.3.4 Restaurant Food Waste Diversion Program If requested by City, Contractor shall implement a food waste diversion program at restaurants in City. If requested by City Contractor shall propose a detailed food waste diversion program, and propose reasonable rates for the implementation of such a program. If City deems the rates proposed to be excessive, Contractor shall meet and confer in good faith with City to attempt to arrive at agreeable rates. As part of any meet and confer process hereunder, Contractor shall provide all financial information related to the proposed program which City reasonably deems necessary to evaluate the actual program costs and profits proposed by Contractor. If a food waste diversion program is requested by City, Contractor shall design a program that shall meet at least the following minimum criteria: 1. Contractor shall provide a food waste Collection Container approved by City to any Customer that requests to participate in the program for outdoor storage of food waste pending Collection by Contractor. Contractor shall also provide rolling Containers to be used 2 JL i. 384/01561"089 -21- 787054 08 a05/11f07 inside Customer's restaurants for transfer of food waste from inside the Premises to the outdoor Collection Container. Contractor shall label all Containers used in the food waste diversion program to identify the materials that may be placed in the Containers. 2. Contractor shall Collect food waste Containers a minimum of twice per week from Customers participating in the food waste diversion program. 3. Contractor shall conduct training for the staff of all Customers participating in the food waste diversion program, on the Customer's site, and at times coordinated with the restaurant operators. Contractor shall notify all restaurants in the City of the availability of the food waste diversion program a minimum of once per year during the Term hereof in connection with the contact required pursuant to Section 8.3.3. 4. As part of Contractor's monthly reports to the City, Contractor shall provide the food waste tonnage diverted pursuant to the food waste diversion program, and the number of Customers participating each month. As part of the Contractor's annual report to the City, Contractor shall provide a list of Customers participating in the food waste diversion program, including the name, service address, and level of service provided. 8.3.5 Commercial Bulky Item Service Contractor shall provide unlimited Bulky Item Collection services to Commercial Customers on an on -call basis. Contractor may charge rates for such services which shall not exceed the maximum rates set forth in the attached Exhibit A. Bulky Item Collection service calls shall be responded to within a reasonable time but not longer than seven (7) days from the date of the Customer's call for service. Contractor shall produce, keep current, and provide public information specifically outlining the Bulky Item pick-up service. Bulky Items Collected pursuant to this Section are subject to the diversion and handling requirements set forth in Sections 8.2.14 and 8.2.15. 8.4 Temporary Services Contractor shall provide Temporary Services on an on call basis to any Customer requesting such service pursuant to the following conditions: (A) Bins and Rolloff Boxes utilized in connection with Temporary Services shall meet the minimum standards set forth herein. (B) No charges excepting rates not exceeding the maximum rates set forth in the attached Exhibit A related to Bins or Rolloff Boxes utilized in connection with Temporary Services shall be imposed by Contractor, unless approved in accordance with Section 8.7 (Special Services). (C) Bins and Rolloff Boxes used in connection with Temporary Services shall not be placed in any street; provided, however, this prohibition may be waived in extraordinary circumstances by City's Director of Public Works. Any such waiver shall be in writing signed by the City's Director of Public Works and shall be subject to such conditions as he may impose. Bins and Rolloff Boxes used in connection with Temporary Services may be placed in the public 384/015610-0089 J. � 787054.08 a05/11/07 -22- rights -of -way behind the boundary line of any street if an Encroachment Permit is obtained in advance from the City, subject to such terms and conditions as may be imposed in the Encroachment Permit. In no event shall any Bins or Rolloff Boxes remain in any public rights - of -way for a period exceeding two consecutive weeks, unless a longer period is specifically approved in writing by City. (D) The City is currently considering whether to adopt an ordinance regulating the recycling and disposal of construction and demolition waste. This ordinance, if and when adopted, may require among other things: that contractors in City provide plans for recycling waste generated at construction sites; evidence that construction waste is recycled; recycling requirements for construction waste of 50%, 75% or higher; reporting requirements for tracking the diversion of construction waste from landfills; fee requirements; and such other requirements as the City determines are appropriate. In addition to the general requirement set forth herein that Contractor comply with any ordinances and regulations that City may from time to time adopt, Contractor specifically agrees to comply with all provisions of any ordinance regulating construction and demolition waste which City may adopt, and to provide services for contractors in City as may be contemplated by any such ordinance at no charge (such as assistance in preparing plans for the collection, recycling and disposal of construction and demolition waste.) Contractor has agreed to, and shall be responsible to provide all administrative support (or such part of it as requested by City) necessary to implement the City's construction and demolition debris ordinance, if and when adopted. Until such time as (and if) an ordinance requiring specific diversion levels for construction and demolition waste is adopted, Contractor shall make all reasonable efforts to recycle construction and demolition waste, especially to the degree such loads contain clean inert materials. In this regard, at a minimum it shall make available to contractors separate containers within which to Collect different types of marketable materials, such as dirt, steel, and wood. (E) Notwithstanding any provision to the contrary herein, Contractor's exclusive right to provide "Temporary Services related to the Collection of green waste from golf courses during "scalping season" from September to November each year, shall be limited in that if Contractor is unable to provide service within 24 hours of a request for such service by any Customer at a golf course, such Customer may contract with any solid waste enterprise to provide this service. Any dispute as to whether a Customer may use another solid waste enterprise pursuant to this Section shall be resolved by the City Manager whose decision shall be final and binding upon Contractor. 8.5 Recycling Obligations and Public Education Program 8.5.1 Minimum Requirements for Delivery of Recyclable Materials and Green Waste All and Recyclable Materials Collected by Contractor from Recycling Carts or Recycling Bins pursuant to this Agreement shall be delivered to a properly permitted facility for recycling and reuse purposes. All green waste Collected by Contractor pursuant to this Agreement from Green Waste Carts or in Bins or Rolloff Boxes designated for green waste Collection shall be delivered to a properly permitted facility for recycling, mulching or composting. Contractor has requested that it be allowed to use green waste as landfill alternate daily cover (ADC). City agrees that Contractor may do so, provided however, in light of the fact 21 384/015610-0089 t o 787054.08 a05/11,07 -23- legislation has been proposed at the State which would eliminate the ability to consider ADC for diversion credit, if Contractor used green waste as ADC is shall bear all risk that it may not be able to obtain diversion credit by doing so, and shall not be entitled to seek an extraordinary rate increase pursuant to Section 24.6 hereof in connection with increased costs if use of green waste as ADC is no longer an option for any reason during the Term. Contractor shall identify all facilities utilized for the purpose of complying with this Section, and such facilities shall be subject to approval by City. 8.5.2 Extent of Applicable Franchise Rights Nothing in this Agreement shall be construed as giving Contractor the right to Collect Recyclable Material which has not been discarded and placed for Collection by Contractor in the location designated for that purpose. 8.5.3 AB 939 Obligations Guarantee and Indemnification 8.5.3.1 Warranties and Representations Contractor warrants and represents that it is aware of and familiar with City's Source Reduction and Recycling Element (the "SRRE"), that it is familiar with City's waste stream, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in AB 939, and all amendments thereto, and that it shall do so without imposing any costs or fees other than those set forth on the attached Exhibit A (including if new programs are implemented which are not called out herein). 8.5.3.2 Waste Reduction and Program Implementation Contractor shall implement the programs identified in the Source Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE) of the City's General Plan immediately upon the Effective Date hereof, and will implement any programs required by any amendments or modifications thereto. Contractor shall provide City with monthly, quarterly and annual written reports in a form adequate to meet City's AB 939 related filing and reporting requirements to the California Integrated Waste Management Board and to the County of Riverside throughout the Term of this Agreement wherein City's performance under the above programs shall be set forth in detail. Contractor shall be responsible to prepare, or assist City with the preparation of, all reports and other information as may be required by any agency, including specifically, the State of California, in order to comply with AB 939. Contractor shall reimburse City for any costs City incurs in reviewing and revising any such reports, and in appearing before the California Integrated Waste Management Board and/or the County of Riverside in relation thereto. 8.5.3.3 Guarantee and Indemnification Contractor warrants and guaranties that it will carry out its obligations under this Agreement such that: (i) both it and City will at all times be in compliance with the requirements of AB 939, and (ii) City will meet or exceed the diversion requirements (including, without 384/015610-0089 — '' 2 1 S 787054 08 ao5/11 /07 -24- limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in AB 939, and all amendments thereto. In this regard Contractor agrees that it will, in addition to any other requirement contained herein, at its sole cost and expense: (A) to the extent legally permitted, defend, with counsel approved by City, indemnify, and hold harmless City and City's officials, employees, and agents from and against all fines and/or penalties and other liabilities which may be imposed by the California Integrated Waste Management Board ("Board") or any other regulatory agency if: (1) Contractor fails or refuses to timely provide information relating to its operations which is required pursuant to this Agreement or AB 939 and such failure or refusal prevents or delays City from submitting reports required by AB 939 in a timely manner; or (2) the source reduction and recycling goals, diversion goals, program implementation requirements, or any other requirements of AB 939 are not met with respect to the waste stream Collected under this Agreement; (B) assist City in responding to inquires from the Board; (C) assist City in preparing for, and participating in, the Board's biannual review of City's SRRE pursuant to Public Resources Code Section 41825; (D) assist City in applying for any extension, including under Public Resources Code Section 41820, if so directed by City; (E) assist City in any hearing conducted by the Board relating to City's compliance with AB 939; (F) assist City with the development of and implement a public awareness and education program that is consistent with the City's SRRE and Household Hazardous Waste Element, as well as any related requirements of AB 939; (G) provide City with recycling, source reduction, and other AB 939 related technical assistance; (H) defend, with counsel acceptable to City, City and City's officials, employees, and agents against the imposition of fines and/or penalties, or any other liabilities, issued by the Board pursuant to AB 939; (I) be responsible for and pay, any fees, penalties or other costs imposed against the City by the Board, and indemnify and hold harmless City from and against any fines, penalties, or other liabilities, levied against it for violation of AB 939's diversion requirements, or violation of any other provision of AB 939, arising from or in any way related to Contractor's performance of its obligations under this Agreement. 8.5A Waste Generation/Characterization Studies Contractor acknowledges that City must perform Solid Waste generation and Disposal characterization studies periodically to comply with the requirements of AB 939. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed and directed by City, to determine weights and volumes rtn 87054.010-0U89 7-25- 87054.08 a05/11;07 of Solid Waste Collected and characterize Solid Waste generated, disposed, transformed, diverted or otherwise handled/processed to satisfy the requirements of AB 939. 8.5.5 Implementation of Additional Diversion Services In the event City does not meet the diversion requirements imposed by State Law, including those imposed by AB 939, with respect to all waste generated in City, City may direct Contractor to perform additional services (including the implementation of new diversion programs) or modify the manner in which it performs existing services, and Contractor agrees to do so at no additional charge. Pilot programs and innovative services which may entail new Collection methods, and use of new or alternative waste processing and disposal technologies are included among the kinds of changes which City may direct. 8.6 Additional Services As part of the consideration for entering this Agreement, Contractor shall provide the following additional services at no charge, and shall not adjust its rates to Customers to offset costs incurred in providing any of the following services: 8.6.1 Biennial Document ShreddingEvents vents Not less than two times per year, on dates and at locations in City agreed upon by Contractor and City, Contractor shall hold a document shredding event for Customers in City. This event shall be structured to allow any City resident or the owner of any business in the City may bring up to two "banker boxes" of documents to the designated location for shredding. Contractor shall deliver the shredded materials to an appropriate recycling facility, and shall not deliver such materials to a landfill for disposal. Contractor may require reasonable evidence that persons delivering documents for shredding in connection with this event are City residents or the owners of businesses in the City. 8.6.2 City Sponsored Events Contractor shall provide Solid Waste Handling Services for events sponsored by the City. These events shall include, without limitation, those set forth on the attached Exhibit C. In fulfilling the obligations created by this Section, Contractor shall provide Containers to Collect and dispose of all Solid Waste including cardboard waste boxes with liners, Bins or Rolloff Boxes as applicable, as well as Containers to Collect source -separated Recyclable Materials. Contractor shall also provide up to six portable toilets per calendar year for events sponsored by the City, or for use in connection with other activities as determined by City. 8.6.3 Recycling Assistance for Special Events Contractor shall assist the coordinators of special events in City in the implementation of recycling programs. Contactor shall be responsible to prepare and submit to City a "waste reduction and recycling plan" prior to such events, and within 30 days following each such event shall submit a "waste characterization report" listing the amount of each material collected for disposal and recycling at the event. 2 384/015610-0089 -26- 787054 08 a05/11/07 8.6.4 Bin and Bin Enclosure Cleanine Contractor shall clean out any overflowing Bins or Bin enclosures within the Franchise Area within twenty-four (24) hours of notification by City. Contractor may bill Customers for any such services when they are required by City at rates subject to approval by City. Contractor shall work with the City Manager in identifying continual problems in Customer Bins or Bin enclosures. 8.6.5 Public Service Calls from City Departments Contractor shall respond to calls from City's Maintenance and Code Enforcement Divisions and from its Police Department, to provide Containers and dispose of Bulky Items and other Solid Waste as a result of illegal or unauthorized dumping, or other Code enforcement matters, occurring within the Franchise Area. Contractor agrees that if requested to provide such services in connection with abatement activities for which reimbursement is sought from the property owner by City through abatement liens or otherwise, Contractor will provide billing information sufficient for City to include it in its liens, and Contractor will be paid at such time as the abatement lien is paid, or reimbursement is otherwise obtained by City from the property owner. 8.6.6 Holiday Trees Contractor shall, free of charge, pick up all Holiday Trees placed out for Collection by Customers during the first two (2) weeks following Christmas Day. Contractor shall accept all Holiday Trees delivered to its yard in Palm Desert following the above two (2) week period, at no extra charge. 8.6.7 Handling of Electronic Waste Contractor shall Collect electronic waste, or "e-waste," placed for Collection by any Customer, but shall handle and dispose of such materials in accordance with all applicable laws and regulations. 8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste Contractor shall accept, free of charge, batteries, florescent or mercury light tubes, and materials commonly known as e-waste, as well as any items which are Household Hazardous Waste that are dropped off by Customers at Contractor's yard in Palm Desert, at such times when Contractor's yard is open. Contractor shall use reasonable efforts to ensure that materials so delivered receive the highest possible rate of recycling. Contractor shall properly store, handle and dispose of all a -waste and Household Hazardous Waste once delivered to it, and in doing so shall comply with all laws and regulations, including specifically the Environmental Laws. 8.7 Special Services Contractor may provide special pickup procedures or services in addition to the services described herein for Customers who request or require such services at reasonable rates _ 22L 384/0156M0089 -27- 787054 08 a05/11 /07 established by Contractor, which rates are subject to approval by the City Manager. Contractor shall notify the City Manager of any such services prior to such time as they are provided in order to allow the City an opportunity to conduct necessary inspections, review the proposed rate, and impose appropriate regulations. SECTION 9. MINIMUM STANDARDS FOR CONTRACTOR'S SOLID WASTE HANDLING SERVICE COLLECTION VEHICLES 9.1 General Contractor shall provide vehicles for the Collection of Solid Waste ("Collection Vehicles") that are sufficient in number and capacity to efficiently perform the work required by this Agreement in strict accordance with its terms. Contractor is expressly obligated to provide such Collection Vehicles and routes as are required to meet the service standards set forth herein. Contractor shall have available on Collection day's sufficient back-up vehicles for each type of Collection Vehicle used to respond to complaints and emergencies. 9.2 Air Quality/Fuel Requirements Contractor's Collection Vehicles shall comply with all rules and regulations of the Southern California Air Quality Management District, the Air Resource Board, and any other regulatory body that may be in effect during the term of this Agreement, as well as other Federal, State and local laws and regulations that may be enacted during the term of this Agreement. In addition to such requirements as may be imposed by the of the Southern California Air Quality Management District, the Air Resource Board, or any other agency with similar jurisdiction, as of the Effective Date all Collection Vehicles except so called "Rolloff Trucks" shall be powered by engines that are either "alternative fuel powered" in accordance with the standards of the South Coast Air Quality Management District and acceptable to City, or, in the absence of such standards having been adopted by SCAQMD, fueled exclusively by either liquefied natural gas or compressed natural gas. So long as no greater requirement is imposed by law (including by standards imposed by SCAQMD), Contractor will not be deemed to have violated the minimum requirement imposed by City for use of liquefied or compressed natural gas Collection Vehicles, if a "spare" Collection Vehicle is used that does not meet this minimum requirement; provided that no such spare shall be used as a replacement Collection Vehicle for more than 14 consecutive business days, and spare Collection Vehicles that do not meet the City's minimum requirement shall not be used on more than a total of 60 days in any calendar year. 9.3 Specific Requirements Each Collection Vehicle utilized by Contractor in the performance of this Agreement shall meet the following minimum standards: (A) Each Collection Vehicle shall be registered with the California Department of Motor Vehicles. (B) Each Collection Vehicle shall be inspected, at least once every two years, either by the California Highway Patrol or another appropriate local law enforcement agency have 80-0089 7-28- `-• 2GJ 87054.087054.08 a05/11/07 jurisdiction to provide commercial vehicle inspections. A record of each vehicle's annual inspection shall be kept by Contractor and the results of said inspections shall be made available to the City Manager upon request. (C) Each Collection Vehicle shall be equipped with devices capable of covering every open section of the vehicle in which Solid Waste may be placed and, while operating upon the public rights -of -way, shall be covered so as to prevent any Solid Waste from falling or being blown or otherwise dislodged from the vehicle. (D) Each Collection Vehicle shall be continuously maintained in a watertight and leak -proof condition per industry standards. Contractor shall be responsible to promptly clean any spillage or Solid Waste that leaks or otherwise escapes the vehicle. (E) Each Collection Vehicle shall be painted periodically, and not less than once every two years, which shall include all necessary body work, and shall be regularly cleaned, so that such vehicles do not become unsightly, as determined by the City Manager. By the earlier of the first regularly scheduled date for painting each vehicle used in City following the Effective Date, or July 1, 2009, each vehicle shall be repainted with Contractor's colors and identifying information as required herein. Until such time, vehicles may remain painted as they existed during the Original Agreement. (F) Contractor's name, local or toll free telephone number, and a vehicle number shall be visibly printed or painted in letters not less than five (5) inches in height on both sides of each Collection Vehicle. Each Collection Vehicle shall display the words "Serving the City of La Quinta" in letters no less than two (2) inches in height. (G) Each Collection Vehicle shall be maintained in a clean and sanitary condition both inside and out and shall be washed at least once every seven (7) calendar days and steam cleaned on a regular basis. (H) Each Collection Vehicle shall carry a broom, shovel, and operable fire extinguisher, and shall be equipped with a communication device sufficient to allow the driver to communicate directly with Contractor's dispatcher and/or main office. (I) Each Collection Vehicle shall be kept in good repair and working order, and shall be equipped with appropriate safety equipment, including any new safety related technologies that become standard in the waste industry, and at a minimum shall have a video monitor based back-up system, or its equivalent. Contractor shall keep a sufficient supply of replacement parts and equipment on hand to ensure adequate vehicle maintenance and timely and continuous performance of the services contemplated by this Agreement. (J) Contractor shall inspect each Collection Vehicle daily to ensure that all equipment is operating properly. Collection Vehicles which are not operating properly shall be removed from service until repaired and operating property. Contractor shall perform all scheduled maintenance functions upon Collection Vehicles in accordance with the manufacturer's specifications and schedule. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall 384/015610-0089 29-""^v 21 787054 08 a05/11/07 keep accurate records of all Collection Vehicle maintenance and repair, recorded according to date and mileage, including signed verifications that repairs and maintenance has been properly performed, and shall make such records available to City upon request. (K) No Collection Vehicle shall be utilized if it is leaking break, hydraulic, or other fluids, and Contractor shall clean up any leaks or spills from their vehicles per the NPDES permit in effect at the time. No fluids shall be washed into storm drains at any time. All NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be equipped with absorbent for such clean up efforts. (L) Upon request, Contractor shall famish City a written inventory of all equipment, including Collection Vehicles, used in providing service pursuant to this Agreement. This inventory shall list all equipment by manufacturer, ID number, date of acquisition, type and capacity. (M) Contractor shall utilize Collection Vehicles of a size, weight, nature, and type so as to not be unreasonably intrusive on the community with respect to noise, emissions, maneuverability, safety, and other factors and to avoid or minimize pavement damage and wear and tear of the street or adjacent properties, as approved by the City Manager. (1) Contractor shall not load Collection Vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local laws or regulations. Noise levels of equipment used for Collection shall no event exceed seventy-five (75) dba when measured at a distance of twenty-five (25) feet from the vehicle, five (5) feet from the ground. (0) Any Collection Vehicle that the City Manager deems inappropriate for use in City for any reason (including its appearance) shall be removed from service in City, until such time as (and if) the City Manger determines his concern regarding said Collection Vehicle are corrected. 9.4 Costs of Operation and Damages Contractor shall be responsible for any costs incurred in connection with ensuring all Collection Vehicles comply with all applicable laws and regulations, including without limitation any such laws and regulations that may now exist or hereinafter be adopted relating to noise, fuels, emission standards, or weight limits. 9.5 City Inspection City may cause or require any Collection Vehicle used in performance of this Agreement to be inspected and tested at any time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of this Agreement. 9.6 Correction of Defects and Removal of Vehicles from Use within City Contractor agrees to immediately remove from service, and replace or repair, to the City's satisfaction, any Collection Vehicle which City determines to be of unsightly appearance, unsafe, unsanitary., leaking, out of compliance with any law or regulation or this Agreement, or 384/0156IM089 -30- G- �j G �i 78705408 a05/11/07 otherwise in an unsatisfactory operating condition; and any such vehicle shall not be returned to service until the City Manager gives his written consent for its return. SECTION 10. CONTRACTOR'S SOLID WASTE HANDLING SERVICE PERSONNEL 10.1 Uniforms Each of Contractor's Collection employees shall wear a clean uniform bearing the Contractor's name. 10.2 Identification of Employees Contractor shall provide identification badges, cards or similar devices, for all of its employees, and all authorized subcontractors, who may make personal contact with residents of the City. City may require Contractor to notify Customers yearly of the form of said identification. 10.3 Employee List Contractor shall provide a list of current employees and authorized subcontractors to City upon request. 10.4 Driver's License Each employee operating a vehicle as part of his duties shall, at all times, carry a valid operator's license for the type of vehicle he is operating. All employees who may have contact with Customers in the course of performing their duties shall be able to speak English. 10.5 Discontinued Use of Unsatisfactory Employees No employee shall continue to have any involvement whatsoever with regard to any work in anyway relating to or arising from this Agreement if City gives notice to Contractor that such employee is determined by City to be discourteous, disorderly, inefficient, or otherwise objectionable. 10.6 Training and Legal Compliance Contractor shall provide operating and safety training that meet minimum OSHA standards for all personnel, and shall comply with all laws and regulations applicable to its employees and personnel. 10.7 Customer Service 10.7.1 Local Office• Local Participation (A) Contractor shall maintain an office within a ten mile radius of the intersection of Washington and Highway 111. Said office shall be open at a minimum, from 8:00 a.m. to 5:00 384/015610-0089 -31- 787054.08 a05/11/07 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturday, holidays excepted. At least one responsible and qualified representative of Contractor, capable of communicating in English, shall be present and available during all times that an office is required to be open as noted above ("Office Hours"), for personal communication with the public, and a similarly qualified person shall be available for communication with the public by phone during any times other than Office Hours when Collection is occurring. (B) Contractor shall, in addition to maintaining a local office, establish a local presence in the City. Contractor shall achieve such presence by joining, and maintaining a membership in, the La Quinta Chamber of Commerce, and by otherwise participating in the local community, such as by sponsoring local events. 10.7.2 Telephone Customer Service Requirements (A) Contractor shall maintain a toll free telephone number that rings at an office within the Coachella Valley at all times during Office Hours. Both English and Spanish speaking personnel will be available during Office Hours to assist Customers with telephonic inquiries. Contractor shall have the ability (through the use of outside resources or otherwise) to communicate with Customers who only speak Spanish to ensure their inquiries, questions, complaints and other matters are.dealt with in a reasonably timely fashion. All such personnel shall be polite and responsive, and shall be sufficiently knowledgeable, and have the authority to respond and/or advise Customers seeking assistance. Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days. Contractor shall also maintain a toll free telephone number for use at times other than Office Hours, which number shall be published in the La Quinta telephone directory at the Contractor's expense. Contractor shall have a representative, answering or message providing/receiving (voice -mail) service available at said non -Office Hours telephone number. Calls received at times other than during Office Hours shall be responded to on the next business day. Contractor shall provide City with a 24-hour emergency number to a live person, not voice -mail. (B) Contractor shall make reasonable attempts to answer all phone calls within five (5) rings. If a call has been placed on hold for three (3) minutes, the caller will either be switched to a message center which shall be responsible to obtain the caller's address and phone number, or a Customer service representative will obtain the Customer's address and a number at which the call can be returned. Contractor shall make at least three attempts within the next twenty-four (24) hour period to return the call, with the first such attempt not more than one (1) hour after the caller leaves the message. If Contractor is unsuccessful in contacting the Customer after following this procedure, it shall send a letter to the caller indicating its efforts. (C) Contractor shall record Customer complaints regarding Customer service personnel in accordance with Section 10.7.3. Customer service representatives receiving multiple complaints are to be transferred from Customer service duties relating to services performed under this Agreement. 384/015610-0089 -32- 787054 09 a05/11/07 10.7.3 Complaint Documentation (A) All service complaints shall be directed to Contractor. Contractor shall log all complaints received by telephone and said log shall include the date and time the complaint was received, the name, address and telephone number of the caller, a description of the complaint, the name of the employee recording the complaint and the action taken by Contractor to respond to and remedy the complaint. (B) All written Customer complaints and inquiries shall be date -stamped when received and shall be initially responded to within one (1) business day (Monday through Friday) of receipt. Contractor shall log action taken by Contractor to respond to and remedy the complaint. (C) Daily logs of complaints shall be retained for a minimum of twenty-four (24) months and shall be available to City at all times upon request. (D) All Customer service records and logs kept by Contractor shall be available to City upon request. City shall, at any time during regular Office Hours, have access to Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints. Contractor shall provide to City on a monthly, quarterly, and annual basis, a complaint log, in a form approved by the City, that includes all of the complaints logged pursuant to this Section, the complainant and the resolution. 10.7.4 Resolution of Customer Complaints (A) Disputes between Contractor and its Customers regarding the services provided in accordance with this Agreement may be resolved by the City. The City's decision shall be final and binding. Contractor shall pay City one hundred dollars ($100.00) for each City intervention in a dispute between Contractor and a Customer if the City reasonably deems intervention is required and the Customer's dispute is valid. (B) Should Contractor and Customers not be able to establish a mutually acceptable fee to be charged for special services as set forth in Section 8.7, the matter shall be dealt with pursuant to this Section, be determined by the City, and the City's decision shall be final. (C) Intervention by the City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this Section is intended to affect the remedies of third parties against Contractor. 10.7.5 Government Liaison Contractor shall designate in writing a "Government Liaison" who shall be responsible for working with City and/or City's designated representative(s) to resolve Customer complaints. City shall have the right to approve the Contractor's choice for a liaison. 384/015610-0089 -33- 787054 08 a05/11 /07 10.8 Education and Public Awareness 10.8.1 General (A) Contractor acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve the requirements of AB 939. Accordingly, Contractor agrees to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and recycle Solid Waste and to cooperate fully with City in this regard. (B) Contractor shall maintain its own program of providing information relevant to needs and methods to reduce, reuse and recycle Solid Waste with its bills. All public education materials shall be approved in advance by City. Contractor shall keep a record of all promotional and public education materials utilized, and shall provide quarterly reports summarizing its public outreach and education efforts. (C) At a minimum, Contractor shall conduct school assemblies and promote recycling through presentations and educational materials to the Chamber of Commerce, homeowners associations, construction contractors and other civic groups. Contractor shall also provide articles on recycling for local newsletters. 10.8.2 Implementation and On -going Education Requirements (A) hi order to promote public education, in addition to any other materials it develops, Contractor shall create the following public education materials and programs at its expense, which will be distributed as indicated below. All of these materials and programs shall be produced and/or available in both English and Spanish languages. (1) Container Labels — Refuse and Recycling Carts shall carry stickers/labels or other identifying markings indicating the materials that should and should not be placed in each Container, and noting holiday Collection schedules, and Contractor's Customer service numbers. (2) Annual Notices — Not less than once each year during the Term of this Agreement, Contractor shall either prepare and mail notices to each Customer or take out an add in a local paper approved by the City Manager, promoting and explaining the following: programs (such as recycling, and Bulky Item Collections, and proper Hazardous Waste disposal); changes in commercial services; Collection schedules, including holiday schedules; and the procedures to begin and terminate services. These materials, and their precise content, shall be subject to City Manager's review and approval. (3) Corrective Action Notice — Contractor shall develop a corrective action notification form for use in instances where a Customer sets out inappropriate materials for Collection that explains the appropriate manner for disposal of such items. (4) Web Site Page — Contractor shall dedicate one page of its web site to City services, which shall include at least the following information: a listing of contact names and numbers for Customer Service; information on Bulky Item Collection; Collection schedules, 384/015610-0089 -34- 787054.08 a05/1 V07 including holiday schedules; and the procedures to begin and terminate services. Contractor shall assist the City in establishing a link to this web page from the City's web site. (B) All brochures, mailings, and other educational materials are to be approved by the City in advance of distribution, and shall bear the City seal, unless otherwise approved by the City. SECTION 11. CONTRACTOR'S CONSIDERATION In addition to any other consideration set forth herein, as part of its consideration for entering this Agreement, and for the exclusive franchise, right and privilege to provide Solid Waste Handling Services within City as specified herein Contractor shall provide the following: 11.1 Reimbursement of Renegotiation Costs Contractor shall pay to City a one-time lump sum payment to reimburse the City for its actual staff expenses and out-of-pocket costs (including specifically consultant and legal fees) it incurred in connection with renegotiating with Contractor and entering this Agreement. Contractor previously provided a Sixty Thousand Dollar ($60,000) deposit to City to cover the estimate of City's consultant costs. This deposit will be applied to the forgoing reimbursement, and the balance (if any) shall be returned to Contractor. City shall provide an invoice to Contractor for the amount due pursuant to this Section, and any amount in excess of the above deposit shall be paid by Contractor within thirty (30) days of the Effective Date 11.2 Administrative Cost Reimbursement Contractor shall reimburse City for: (1) its consultant costs in an amount equal to Eighty Five Thousand Dollars ($85,000.00) [adjusted annually on January 1 by the change in the Consumer Price Index for All Urban Consumers, CUURA421SAO not seasonally adjusted, all items index (CPI-U) — Los Angeles County, Riverside County, Orange County average]; (2) its actual consultant costs related to requests from Contractor pertaining to this Agreement [i.e., requests for discretionary rate adjustments, requests for transfers, or requests to consider new programs]; and (3) its legal fees and out of pocket costs incurred in the administration of this Agreement, including fees and costs associated with analyzing new legislation, considering requests from Contractor (including specifically, without limitation, requests for rate increases), and otherwise analyzing issues that arise in connection with this Agreement (the "Administrative Cost Reimbursement"). Invoices for the Administrative Cost Reimbursement will be provided to Contractor by City and shall be due to City within thirty (30) days. If any invoice for the Administrative Cost Reimbursement is not paid on or before the thirtieth (30th) day following the date upon which an invoice is mailed to Contractor, and in addition to any other remedy provided by law, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) per month, or portion thereof, of the amount owing until paid. 11.3 Franchise Fee Contractor shall pay to City, a franchise fee equal to eight percent (8%) of Contractor's annual Gross Receipts each year, or portion thereof, during the entire Term of this Agreement 384/015610-0089 787054.08 a05/11/07 -35- y i3 (the "Franchise Fee"). Except with respect to Gross Receipts collected by the County Tax Assessor, said Franchise Fee shall be paid to City monthly on or before the fifteenth (15th) day of each month. Should any such due date fall on a weekend or holiday in which the City's business offices are closed, payment shall be due on the first day thereafter in which the City's business offices are open. The amount of each payment shall be equal to eight percent (8%) of Contractor's Gross Receipts in the calendar month preceding the date payment was due (excluding amounts collected by the County Assessor). The Franchise Fee due hereunder shall apply to Gross Receipts of Contractor collected after the expiration of the Tenn hereof relating to Contractor's performance during the Term hereof. Franchise Fees shall be accompanied by a statement certified by an officer of Contractor attesting to the accuracy of the amounts paid, and setting forth the basis for their calculation in a manner acceptable to City. The Franchise Fee due in connection with amounts that are collected by the County Tax Assessor shall be deducted by City prior to City forwarding funds it receives from the Tax Assessor for payment of Solid Waste Handling Services to Contractor. 11.4 Services at City Facilities Contractor shall provide Solid Waste Handling, Services at all Premises owned and/or operated by the City, at no cost to City and shall provide Containers for such service as City deems appropriate for each of its various Premises (i.e., Carts, Bins or Rolloffs). Such services shall be provided for all existing City facilities, as they may be expanded from time to time, and all facilities acquired/constructed during the Term hereof. The existing City facilities at which Solid Waste Handling Services are to be provided at no charge as of the Effective Date include, but are not limited to, those listed in the attached Exhibit D. Excluded from the foregoing is the Collection of waste resulting from the construction of new City facilities or demolition of existing City facilities; provided, however, Contractor shall provide Solid Waste Handling Services for such construction/demolition activities at City owned Premises at a rate that does not exceed the maximum rate for such services as set forth on Exhibit A, including a discount of fifteen percent (15%) off of the service component of such maximum rate. 11.5 AB 939 Fee Contractor shall pay City an amount as more fully set forth below on a monthly basis which is intended to defray City's costs associated with implementing and administering recycling and diversion programs required to ensure compliance with AB 939 (the "AB 939 Fee"). Except with respect to Gross Receipts collected by the County Tax Assessor, said AB 939 Fee shall be paid to City monthly on or before the fifteenth (15th) day of each month. Should any such due date fall on a weekend or holiday in which the City's business offices are closed, payment shall be due on the first day thereafter in which the City's business offices are open. AB 939 Fees shall be accompanied by a statement certified by an officer of Contractor attesting to the accuracy of the amounts paid, and setting forth the basis for their calculation in a manner acceptable to City. The AB 939 Fee due in connection with amounts that are collected by the County Tax Assessor shall be deducted by City prior to City forwarding funds it receives from the Tax Assessor for payment of Solid Waste Handling Services to Contractor. The amount of each payment shall be based upon the type of service provided to each Customer and on a monthly basis shall be as set forth on the following table: 2j 384/015610-0089 787054.08 a05/11/07 -36- Table 1: Monthly AB 939 Fee Calculation • Customers receiving Carts or Manual Collection at Dwellings: $.61/month/Customer • Rolloff Boxes: $13.10/ton of Solid Waste Collected • Customers receiving service in Bins: n r` 384/015610-0089 -37 787054.08 a05/11107 2 YARD BINS Pickups Per Week Monthly AB939 Fee 1 3.88 2 7.76 3 11.63 4 15.51 g 19.39 6 23.27 3 YARD BINS Pickups Per Week AB939 Fee 1 5.82 2 11.63 3 17.45 4 '23.27 5 29.07 6 34.89 4 YARD BINS Pickups Per Week AB939 Fee 1 7.76 2 15.51 3 23.27 4 31.01 5 38.76 6 46.51 6 YARD BINS Pickups Per Week AB939 Fee 1 11.63 2 23.27 3 34.89 4 46.51 5 58.14 6 69.78 SECTION 12. CHARGE FOR LATE PAYMENTS In the event Contractor fails to timely make any of the payments provided for in this Agreement (whether reimbursements, Franchise Fees, payments of funds collected in connection with billing services, or otherwise), Contractor shall pay to City, as additional consideration, a sum of money equal to five percent (5%) of the amount due. This amount is required in order to defray those additional expenses and costs incurred by City by reason of the delinquent payment including, but not limited to, the cost of administering, accounting for, and collecting said delinquent payment and the cost to City of postponing services and projects necessitated by the delay in receiving the revenue. In addition, any amounts not paid to City by Contractor within sixty (60) clays of the due date shall be subject to interest in the amount of seven percent (7%) per annum, calculated on a daily basis for each day such sums remain past due. SECTION 13. CONTRACTOR'S BILLING SERVICES AND SYSTEMS 13.1 Residential Customers 13.1.1 General —Tax Roll Billing Each Customer at a Single Family Dwelling will be billed via the County tax rolls an amount for the service they receive (i.e., Automated via Carts or Manual Service); excepting those premises for which a Self Hauler exemption has been established as provided in the Municipal Code. If, for any reason, billing for a Customer at a Single Family Dwelling is not placed on the tax rolls as contemplated by the parties herein, such Customer shall be billed for services by Contractor in the same manner as other Customers, as set forth herein below. The maximum rate Contractor may charge Customers at a Single family Dwellings (if any) that are billed "directly" rather than through the tax rolls, shall be as indicated on the attached Exhibit A. 13.1.2 Credit for Residential Customers Receiving Bin Service Any Customer at a Single Family Dwelling that receives Solid Waste Handling Services in a Bin, rather than through the use of a Refuse Cart or Manual Service, shall be billed by Contractor for such service as if they were a Commercial or Multi -Family Dwelling Customer and shall receive a credit from Contractor in an amount equal to the monthly charge for the service type for which they are billed on the tax rolls (with this credit clearly set forth on each billing statement). 13.1.3 Refunds for Vacant Properties Customers that own Single Family Dwellings which are vacant for more than one hundred twenty (120) days shall be entitled to a refund from Contractor for any amounts paid on the tax rolls for services hereunder for each thirty (30) day period during which the vacancy exists. Such Customers shall be responsible to provide reasonable evidence to Contractor, pursuant to such guidelines as the City Manager is hereby authorized to develop, demonstrating the Premises was vacant for the period in question and that payments for which reimbursement is m �^ 384/0156RN0089 -38- J 6 787054 08 a05/11/07 sought was placed on the tax rolls for the Premises and paid. Requests for refunds shall be made within twelve (12) months of the date payment is due as established by the County Tax Assessor. Contractor shall be responsible to develop a methodology for evaluating and paying such refund requests, which shall be subject to the City Manager's approval. Any Customer grievance regarding a request for a refund pursuant to this Section may be appealed by the Customer to the City Manger whose decision shall be final. Contractor shall be entitled to receive a credit against future Franchise Fee payments for overpayments of Franchise Fees that may occur due to refunds provided pursuant to this Section. 13.2 Billing and Payment for Commercial and Multi -Family Customers 13.2.1 General In connection with any Customer not billed on the County tax rolls for services provided hereunder, Contractor shall provide itemized bills for Solid Waste Handling Services, distinctly showing charges for all classifications of services, including charges for late payments. Contractor acknowledges that it, and not Customers, is to pay a Franchise Fee and AB 939 Fee to City as consideration for this Agreement. Accordingly, Contractor's bills shall not include separate itemization of a "franchise fee" "AB 939 Fee" or other similar designation. Billings shall be made monthly for Commercial Customers and may occur quarterly for Customers at Multi -Family or Single Family Dwellings. Customers may be billed in advance of, or subsequent to services being provided at the option of Contractor. Premises ordering service after the first of the month or canceling service prior to the end of the month shall be charged on a prorated per -pickup basis. 13.2.2 Unoccupied Premises During any time when a Premises is unoccupied for more than one hundred twenty (120) days, and Collection services are not provided by Contractor, Contractor shall not bill such Premises for Solid Waste Handling Service. The Customer at any such Premises shall be responsible to provide reasonable evidence to Contractor, pursuant to such guidelines as the City Manager is hereby authorized to develop, demonstrating the Premises was vacant for the period in question. Any Customer grievance regarding a claim that a Premises was unoccupied and received no service, and hence should not be billed for a given period pursuant to this Section, may be appealed by the Customer to the City Manger whose decision shall be final. 13.2.3 Delinquent Accounts Contractor may discontinue service to any Customer as set forth in this Section. Customers who have not remitted required payments within thirty (30) days after the date of billing shall be notified on forms approved by the City Manager. Said forms shall contain a statement that services may be discontinued fifteen (15) days from the date of notice if payment is not made before that time. If payment is not made by the expiration of said fifteen (15) day period, Contractor may discontinue service forty-eight (48) hours thereafter. Contractor shall resume Solid Waste Handling Services on the next regularly scheduled Collection day for any Customer whose service is discontinued upon receipt of payment of delinquent fees and any related service restart charges, or at such sooner time as directed to do so by City. Any 231 384/015610-0089 787054 08 a05/11/07 -39- delinquent fees or service charges to be imposed in connection with delinquent accounts shall be set by Contractor and be subject to City Manager approval. 13.2.4 Minimum Requirements for Billing Statements In addition to any other pertinent data, billing statements mailed by Contractor shall be printed to contain the following information: (A) A "statement date" indicating the date the bill is generated and mailed. (B) A notice to Customers that payments are due upon receipt of the bill, an advisement that the Customer's account will become delinquent if payment is not received by the 30th day following the statement date, an advisement of the date and time by which payments must be received in order to avoid delinquent fees (i.e., 4:00 p.m. on the 45th day following the statement date), and a notification of the amount of fees that will be imposed and the potential for service interruptions if payments are not received by the specified date and time. (C) An advisement to Customers that payments can be made in the following manner: designate; or (1) by mailing payment to Contractor at such address as Contractor may (2) by automatic withdrawal from a checking account; or (3) by major credit card on-line (i.e., via the Internet). (D) An advisement that inquiries relating to Solid Waste Handling Services should be directed to Contractor, including an address, phone number and internet site, for such inquiries. 13.2.5 Billing System 13.2.5.1 Computerization of Account Information Contractor shall provide and maintain, at its expense, computer equipment sufficient to operate pertinent computer programs and otherwise provide the services required by this Section. Contractor shall create, at its own expense, computer programs sufficient to operate a computerized billing system, permanently maintain all account records and otherwise meet the requirements of this Section. 13.2.5.2 Minimum Computer Programming Requirements In addition to any other requirements set forth herein, the programs created by Contractor to operate and maintain the billing system shall at a minimum be able to perform the following functions: (A) create a permanent record of any adjustment to a Customer's account; 384/015610-0089 787054.08 a05/11/07 -40- (B) work in connection with a backup system such that all Customer account data and records is protected from a computer failure and permanently preserved on not less than a daily basis; (C) allow Customers to make payments on-line (i.e., via the Internet) by a major credit card. 13.2.6 Billing Inquiries All billing inquiries shall be entered into the computerized billing system. Contractor's computer programs shall keep a permanent record of all billing inquiries and all adjustments to Customer bills resulting therefrom. 13.2.7 Distribution of Public Information If requested to do so by City, and at no charge to City, Contractor shall insert any printed material prepared by City into its billing statements for delivery to its Customers. City shall not request Contractor to include any printed material in its bills if such material is of a size, shape, or weight that would increase Contractor's postage costs or if such material does not fit into the envelopes utilized by Contractor to mail the bills. Any printed material to be included in the bills to be mailed by Contractor shall be provided to Contractor within a reasonable time in advance of Contractor's scheduled mailing date, such that the insertion of such material into billing envelopes does not delay their scheduled mailing date. 13.3 Payment, Accounting Systems 13.3.1 Collection and Processing of Payments 13.3.1.1 Accounting and Deposit of Funds All payments received by Contractor shall be appropriately credited to Customer accounts, deposited in a bank account and accounted for in a businesslike manner utilizing generally accepted accounting principles. To facilitate audits and record keeping Contractor shall make all withdrawals from its bank accounts by check, regardless of whether the withdrawal is to provide funds to City, Contractor, or any permissible subcontractor of Contractor. 13.3.1.2 Allocation of Funds With respect to payments received from each Customer, unless a Customer specifically directs a different allocation, funds shall be allocated first to outstanding charges for Solid Waste Handling Services, then to any related delinquency fees or other administrative charges, up to the amount of any outstanding balance. Any overpayment shall be credited to future bills in the same sequence, or returned to Customers as appropriate. 20C 384/015610-0089 -41- 787054 08 a05/11/07 13.3.1.3 Allocation of Funds by City Within ninety (90) days of City's receipt of funds from the County Tax Assessor for payment of Solid Waste Handling Services, City shall provide an accounting to Contractor of the funds received and City's allocation of such funds. City shall at the same time forward the amounts it received from the County Tax Assessor as payment for Solid Waste Handling Services to Contractor, but shall withhold any amounts due to City as Franchise Fees and AB 939 Fees, as well as an amount equal to any amounts due to City pursuant to the terms hereof but not yet paid by Contractor. 13.3.1.4 Tax Roll Payments Limited City has agreed to continue the practice established in the Prior Agreements of allowing the rates charged by Contractor to its Customers for services to be collected on the County property tax rolls. City is not by entering this agreement imposing any tax or levy on Contractor's Customers, and Contractor shall bear all risk that the property tax levy is not sufficient to cover its fees for services. Should that occur, Contractor's sole remedy shall be against its Customer, and Contractor shall have no recourse with City. In as much as payments may occur through the tax rolls by Customer's prior to services being received, City shall have the right to adjust payments to Contractor pursuant to Section 13.3.1.3 to ensure Contractor is not paid for services it does not provide. For instance, in the event payments occur in advance of the end of the Term of this Agreement, City shall not deliver funds to Contractor for periods following the end of the Term in which Contractor does not actually provide services. SECTION 14. FAITHFUL PERFORMANCE (A) Contemporaneously with execution of this Agreement, as security for Contractor's faithful performance of all obligations of this Agreement, Contractor shall provide a surety mechanism (the "Surety") as more fully defined below in the amount of One Million Dollars ($1,000,000.00). The Surety may be comprised of a combination of a performance bond and an irrevocable letter of credit however not more than ninety percent (90%) of the Surety may be in the form of a performance bond. The letter of credit utilized to satisfy the Surety requirement shall be drawn upon a financial institution with an office within one hundred (100) miles of City, and otherwise in a form acceptable to the City Attorney, and the performance bond, if any, shall be issued by a duly authorized corporate surety company authorized to do business in California, and in a from acceptable to the City Attorney. The cost of the Surety shall be the sole responsibility of Contractor. The Surety shall be released within thirty (30) days after both (i) the expiration of the Term of this Agreement; and (ii) Contractor's satisfactory performance of all obligations hereunder. (B) In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the Surety, as may be necessary to recompense and make whole the City, forfeited to the City. Upon partial or full forfeiture of the Surety, Contractor shall restore the Surety to its original amount within thirty (30) days of the City's notice to do so. Failure to restore the Surety to its full amount within thirty (30) days shall be a material breach of this Agreement. J 384/015610-0089 787054.08 ao5/11,07 -42- (C) Notwithstanding any provision hereof to the contrary, thirty (30) days following City providing Contractor with written notice of its failure to pay City any amount owing under this Agreement, either the letter of credit or performance bond comprising the Surety may be utilized by City for purposes including, but not limited to: (1) Payment of sums due under the terms of this Agreement which Contractor has failed to timely pay to City, including specifically liquidated damages. (2) Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Contractor. (D) City may draw upon the entire letter of credit utilized to meet Contractor's obligations pertaining to the Surety, and convert it to a cash deposit, if Contractor fails to cause the letter of credit to be extended or replaced with another satisfactory letter of credit no later than sixty (60) days prior to its expiration. SECTION 15. INSURANCE COVERAGE Contractor shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Contractor's performance hereunder or the actions or inactions of any of Contractor's officers, agents, representatives, employees, or subcontractors in connection with Contractor's performance. The insurance requirements hereunder in no way limit Contractor's various defense and indemnification obligations, or any other obligations as set forth herein. 15.1 Minimum Scone of Insurance. Coverage shall be at least as broad as: 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). 2. The most recent editions of Insurance Services Office form number CA 00 01 1001 covering Automobile Liability, code 1 "any auto". 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 15.2 Minimum Limits of Insurance. Contractor shall maintain in force for the term of this Agreement limits no less than: a. Comprehensive General Liability: Ten Million Dollars ($10,000,000) limit aggregate and Ten Million Dollars ($10,000,000) limit per occurrence for bodily injury, personal injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. 384/015610-0089 _43_ 787054.08 a05/1 V07 b. Automobile Liability: Ten Million Dollars ($10,000,000) limit aggregate and Ten Million Dollars ($10,000,000) limit per accident for bodily injury and property damage. Such limits can be achieved through a combination of primary and excess liability policies. C. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of One Million Dollars ($1,000,000) per accident. 15.3 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by City. If, in the reasonable opinion of the City, Contractor does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self - insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention's as respects City, its officials, employees and agents; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 15.4 Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 15.4.1 General Liability and Automobile Liability Coverages City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. Contractor's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2"J yC 384/015610-0089�� 787054 08 a05/11,07 -44- 15.4.2 Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Contractor for City. 15.4.3 All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 15.5 Acceptability of Insurers. The insurance policies required by this Section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better, unless otherwise approved by the City Manager. 15.6 Verification of Coverage Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this Article. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.7 Loss or Reduction in Insurance In the event that Contractor fails to retain or maintain insurance with the scope and amounts of coverage required hereunder, City shall have the right, but not the obligation to either terminate this Agreement, or obtain insurance coverage as required herein on behalf of Contractor and utilize funds from the Surety defined in Section 14 to pay the cost of providing such coverage. SECTION 16. ASSIGNMENT, SUBLETTING, AND TRANSFER; REQUIREMENTS AND LIMITATIONS 16.1 General Contractor shall not assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement (collectively referred to as an "Assignment") to any other Person without the prior approval by the City Council of the City. Any such Assignment made without the approval by the City Council of the City shall be void and the attempted Assignment shall constitute a material breach of this Agreement. 384/015610-0089 _J 787054 08 a05/11107 -45- 16.2 "Assignment" to be Broadly Interpreted For purposes of this Section the term "Assignment" shall be given the broadest possible interpretation, and shall include, but not be limited to: (i) a sale, exchange or other transfer of substantially all of the Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of any membership interest of Contractor to a third party; (iii) any dissolution, reorganization, consolidation, merger, re -capitalization, stock issuance or re -issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including those resulting from mergers or acquisitions by or of Contractor of any of its Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor. 16.3 Nature of Agreement — Personal to Contractor Contractor acknowledges that this Agreement involves rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Handling Services in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. 16.4 Procedure for Consideration of Assignment If Contractor requests City's consideration of and consent to an Assignment, the City Council of City may deny, approve or conditionally approve such request in its sole and absolute discretion. Under no circumstances shall City be obliged to consider any proposed Assignment if Contractor is in default at any time during the period of consideration. Should the City consent to any Assignment request, such Assignment shall not take effect until all conditions relating to the City's approval have been met Any request for an Assignment shall be made in a manner to be prescribed by the City Manager, and no request by Contractor for consent to an Assignment need be considered by City unless and until Contractor has met (or with respect to matters that would only occur upon completion of the Assignment if approved, made reasonable assurances that it will meet) the following requirements: (A) Contractor shall undertake to pay City its reasonable direct and indirect expenses, including administrative, investigative, consulting, and attorneys fees and costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such Assignment (collectively the "Administrative Assignment Fee"). An advance non-refundable payment of fifty thousand 384/015610-0089 787054.08 a05/11/07 -46- dollars ($50,000.00) towards the Administrative Assignment Fee shall be paid to the City prior to City's consideration of any Assignment request, although Contractor shall be responsible to pay all costs incurred by City in considering a request for Assignment, including those in excess of the aforesaid deposit amount, regardless of whether City consents to the Assignment. (B) Contractor shall pay to City a transfer fee (the "Transfer Fee") in the following amount: (1) if the request is dated prior to June 30, 2010, the fixed Transfer Fee shall be two hundred fifty thousand dollars ($250,000.00); (2) if the request is dated after June 30, 2010, and prior to June 30, 2011, the fixed Transfer Fee shall be two hundred thousand dollars ($200,000.00); (3) if the request is dated after June 30, 2011, and prior to June 30, 2012, the fixed Transfer Fee shall be one hundred fifty thousand dollars ($150,000.00); (4) if the request is dated after June 30, 2012, and prior to June 30, 2013, the fixed Transfer Fee shall be one hundred thousand dollars ($100,000.00); (5) if the request is dated after June 30, 2013, and prior to June 30, 2014, the fixed Transfer Fee shall be seventy five thousand dollars ($75,000.00); (6) if the request is dated after June 30, 2014, the fixed Transfer Fee shall be fifty thousand dollars ($50,000.00). (C) If requested to do so, Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediately preceding three (3) operating years. (D) Contractor shall famish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste management experience on an scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local laws, including the Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, state and local laws regulating the Collection and disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. (E) The proposed assignee shall execute an agreement assuming all of Contractors rights and liabilities under this Agreement. �¢ V 384/015610-0089 -47- 787054 08 a05/11/07 16.5 Assignment to a Family Member (A) Contractor is a Limited Liability Company (LLC) the membership interests for which are divided equally among four family members: Ed Burr, Cole Burr, Sandra Burr and Tracy Bun-. Notwithstanding the fact it would otherwise fall within the provisions of this Section, any transfer of membership interests to an immediate family member of any of the above noted members may occur with the written approval of the City Manager, and without any of the other provisions of this Section 16 applying if Contractor certifies and the City Manger verifies that the transfer is in fact to an immediate family member or members; and, the City Manager finds both of the following: (i) that the transfer of membership interest will have no adverse impact on Contractor's operations in City, and (ii) that the transfer of membership interest will not result in any interest in Contractor being vested in any person who is not an immediate family member of the above noted four initial members of Contractor. In the event the City Manager is unable to make these findings, or has any concern regarding his ability to do so, he may refer the matter in whole or part to the City Council for its consideration, approval, or other action, and the City Council shall have the discretion to consider the matter as if it is a transfer as described in Sections 16.1 through 16.4. SECTION 17. REVIEW OF SERVICES AND PERFORMANCE 17.1 Performance Hearing (A) Commencing in or about October 2008, and on a biennial basis thereafter, City may hold a public hearing to review Contractor's Solid Waste Collection efforts, source reduction, processing and other diversion services and overall performance under this Agreement (the "Solid Waste Services and Performance Review Hearing"). The purpose of the Solid Waste Services and Performance Review Hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, recycling, processing and disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and recycling and disposal system; and to ensure services are being provided by Contractor with adequate quality, effectiveness and economy and in full compliance with the terms of this Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review Hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, Customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory constraints and Contractor performance. City and Contractor may each select additional topics for discussion at any Solid Waste Services and Performance Review Hearing. (B) In addition to the Solid Waste Services and Performance Review Hearings City may hold in accordance with the immediately preceding paragraph, if the number of Customer complaints regarding Contractor's Solid Waste Handling Services are deemed by City to be excessive, City may, at any time (subject to the paragraph immediately below), hold a Solid Waste Services and Performance Review Hearing. .t;., 24u 384/015610-0089 787054 08 a05/11/07 _48_ (C) City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review Hearing at least ninety (90) days in advance thereof. Forty-five (45) days after receiving notice from City of a Solid Waste Services and Performance Review Hearing, Contractor shall submit a report to City which may contain such information as it wished to have considered, and shall contain the following: (1) Current diversion rates and a report on Contractor's outreach activities for the past year. (2) Recommended changes and/or new services to improve the City's ability to meet the goals of AB 939 and to contain costs and minimize impacts on rates. (3) Any specific plans for provision of changed or new services by Contractor. (D) The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Contractor's performance, and Contractor may submit other relevant performance information and reports for consideration at the Solid Waste Services and Performance Review Hearing. In addition to the above, City may request Contractor to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Hearing, and any Customer may submit comments or complaints during or before the Hearing, either orally or in writing. Contractor shall be present at and participate in the Solid Waste Services and Performance Review Hearing. 17.2 Performance Satisfaction Survev If requested by the City, Contractor will create and conduct a survey at Contractor's expense in preparation for any Solid Waste Services and Performance Review Hearing held pursuant to Section 17.1. City shall notify Contractor of its desire for such a survey at least ninety (90) days in advance of the Solid Waste Services and Performance Review Hearing. The purpose of the survey is to determine Customer satisfaction with current Collection services and Customer service provided by the Contractor. The Survey will be distributed to a minimum of ten percent (10%) of the Customers, selected at random. Contractor shall obtain City's approval of the survey's content, format, and mailing list prior to its distribution. The City may require that Contractor have Customer responses to the survey returned directly to the City. The Survey results shall be made available to the City thirty (30) days prior to the Solid Waste Services and Performance Review Hearing. SECTION 18. CITY'S REMEDIES; DEFAULT AND TERMINATION 18.1 Notice of Default If the City Manager determines that Contractor has defaulted in the performance of any obligation hereunder, or that Contractor's performance pursuant to this Agreement with respect to such matters has not been in conformity with reasonable industry standards which are obtained in similar cities in Southern California, the provisions of this Agreement, the requirements of the Municipal Code, the requirements of the California Integrated Waste Management Board, 384/015610-0089 _49_ 787054 08 a05/11 /07 including, but not limited to, requirements for source reduction and recycling or any other applicable Federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage, or disposal of special wastes, or hazardous wastes, the City Manager may provide written notice to Contractor of such default. The City Manager may, in such written notice, set a reasonable time within which correction of such default shall be made. Unless a longer or shorter time is otherwise specified by the City Manager, a reasonable time for correction shall be thirty (30) days from the date such written notice is given. 18.2 Failure to Cure If Contractor fails to correct, to the satisfaction of the City Manager, all deficiencies contained in the written notice thereof within the specified time, or if it is not reasonably possible to correct such deficiencies within the specified time, and Contractor fails to commence to correct or remedy such deficiencies within the specified time and diligently effect such correction or remedy thereafter, then the City Manager may refer the matter to the City Council for review, or review the matter himself. 18.3 Review by City Manager If the City Manager reviews the matter and determines that Contractor has failed to properly or adequately cure any default set forth above, the City Manager, in the exercise of his discretion, may terminate this Agreement, or take such other action as he deems appropriate to pursue any remedy available to City. A decision or order of the City Manager shall be final and binding on Contractor unless Contractor files a "Notice of Appeal" with the City Clerk within five (5) business days of the date the notice of the City Manager's decision is given. The City Manager shall schedule any appeal for consideration by the City Council at the earliest feasible City Council Meeting following the date a Notice of Appeal is given to City. 18.4 City Council Review In the event an appeal of a decision of the City Manager is filed, or if the City Manager refers the matter to the City Council without rendering a decision, the City Council shall set the matter for consideration before the City Council as a regular agenda item. In reviewing the matter the City Council may consider any information reported by the City Manager regarding the deficiencies, and shall give Contractor, or its representatives and any other interested person, a reasonable opportunity to be heard. The Council shall determine whether Contractor has failed to properly or adequately perform as set forth above, and if so whether to terminate the Agreement, or to pursue any other remedy available to City. 18.5 Performance During Reviews Contractor's performance under this Agreement is not excused during any period of time when its performance is under review as set forth above, including at any time prior to a final decision as to whether such performance is deficient. 2 4 :j 384/01561M089 _50_ 787054.08 a05/1 V07 18.6 Termination without Ri t to Cure The above right of termination as a result of Contractor's failure to timely cure any deficiency is in addition to City's right to terminate this Agreement without affording Contractor an opportunity to cure in circumstances where Contractor is determined by City to have materially breached this Agreement. City shall thus be afforded the right to terminate this Agreement in the event of any material breach hereof by Contractor without affording Contractor the right to cure as a result of any action, inaction or circumstance which is a legally defined material breach, or is defined herein as a material breach, and/or under any of the following circumstances which are hereby specifically defined as material breaches: (A) If Contractor practices, or attempts to practice, any fraud upon City. (B) If Contractor becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding. (C) If Contractor willfully violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement. So long as City's rights are not prejudiced during the pendency of any challenge to such orders or rulings by Contractor, Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no material breach of this Agreement shall be deemed to have occurred until a final ruling has been rendered. (D) If Contractor ceases to provide Solid Waste Handling Services, including Collection of Solid Waste and/or Recyclable Material, as required under this Agreement over all or any portion of the Franchise Area for a period of seven (7) days or more, for any reason not specified as a force majeure event hereunder. (E) If Contractor fails to materially comply with any insurance or indemnification requirement set forth in this Agreement. (F) If City is required to pay any fine or penalty, which is not paid on its behalf by Contractor or which Contractor fails, refuses, neglects or is unable to pay or indemnify City against, relating to any diversion or other requirement of AB 939. (G) If Contractor, or any management level employee of Contractor is convicted of a Criminal Matter (as defined herein). For purposes of this Section the term Criminal Matter refers to any felony or misdemeanor offense having any relationship to either Solid Waste Handling Services or public corruption (including, without limitation, bribery, conflict of interest related allegations, vote selling, or any similar type charges). 18.7 Liquidated Damages 18.7.1 General The City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific S- . 2 4 384/015610-0089 C 1. 787054 08 a05/11/07 _ J obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. 18.7.2 Service Performance Standards; Liquidated Damages for Failure to Meet Standards The parties further acknowledge that consistent, reliable Solid Waste Handling Service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in entering this Agreement with it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Contractor Initial Here City Initial Here 18.7.3 Calculations for Liquidated Damages Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below for each type of action warranting such damages: 18.7.3.1 Collection Reliability (A) For each failure to commence service to a new Customer account within seven (7) days after order, which exceed five (5) such failures annually: $150.00 384/015610-0089 -52- 787054.08 a05/11/07 (B) For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste from any established Customer account on the scheduled Collection day and not Collected within the period described in this Agreement: $150.00 (C) For each failure to Collect Solid Waste, which has been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $150.00 18.7.3.2 Collection Quality (A) For each occurrence of failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments or to place Containers upright with lids secured which exceeds ten (10) such occurrences annually: $150.00 (B) For each occurrence of excessive noise or discourteous behavior which exceeds ten (10) such occurrences annually: $250.00 (C) For each occurrence of Collecting Solid Waste during unauthorized hours which exceeds five (5) such occurrences annually: $250.00 (D) For each occurrence of damage to private property which exceeds five (5) such occurrences annually: $250.00 (E) For each failure to clean up Solid Waste spilled from Containers within 90 minutes that exceeds ten (10) such failures annually: $150.00 18.7.3.3 Customer Responsiveness (A) For each failure to initially respond to a Customer complaint within one (1) business day, which exceeds five (5) such occurrences annually, and for each additional day in which the complaint is not addressed: $250.00 (B) For each failure to process Customer complaints to City as required herein, which exceeds five (5) such occurrences annually: $250.00 (C) For each failure to remove graffiti from Containers, or to replace with Containers bearing no graffiti, within twenty-four (24) hours of request from City or Customers: $150.00 18.7.3.4 Timeliness of Submissions to City (A) Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be: (1) Monthly Reports: (2) Quarterly Reports: (3) Annual Reports: $100.00 per day $250.00 per day $350.00 per day 24� 384/015610-0089 -53- 787054 08 a05/11 /07 18.7.4 Process for Assessment of Liquidated Damages (A) City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints. (B) Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of his or her determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final. (C) City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. 18.7.5 Timing of Payment Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against any security required by this Agreement to obtain payment, deduct amounts due from funds it receives from the County Tax Assessor which would otherwise be due Contractor, and/or find Contractor in default and exercise its right to terminate this Agreement as set forth herein. SECTION 19. CONTRACTOR'S REMEDIES; ADMINISTRATIVE HEARING 19.1 Administrative Hearing Should Contractor contend that City is in breach of any aspect of this Agreement, it shall give notice to the City Manager requesting an administrative hearing on the allegation. The hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the parties, and shall be held before an impartial hearing officer to be determined by the City Manager. The hearing officer shall make an advisory ruling on Contractor's allegations, and suggest a remedy if a breach by City is determined to exist. The hearing officer's ruling and recommendations shall become final and binding if the parties so agree in writing within thirty (30) days of the date notice of the decision is given to both parties. Otherwise, the hearing officer's ruling shall have no further force or effect. 19.2 Other Remedies: Claims Contractor shall be entitled to all available remedies in law or equity for City's breach of this Agreement; provided, however, Contractor shall not file or otherwise commence any action against City, in law or equity, in any court, until after an administrative hearing as set forth above 1m 2 S J 384/01551M089 -54- 787054.08 a05/11I07 has been completed, and the above noted thirty (30) day period to accept the hearing officer's decision has passed, or either City or Contractor has given timely written notice to the other that it will not accept the hearing officer's decision. 19.3 Actions for Damages As a prerequisite to the filing and maintenance of any action for damages by Contractor against City arising out of this Agreement, Contractor shall present a claim to City, as required by Government Code Section 910 et seq., within 30 days of the date of the occurrence giving rise to the claim for damages. SECTION 20. CITY'S ADDITIONAL REMEDIES In addition to any other remedies set forth herein, City shall be entitled to any or all of the following rights and remedies in the event of a breach of this Agreement by Contractor: (A) The right to use Contractor's Containers for the purpose of Collecting, transporting, and/or disposing of Solid Waste, including Recyclable Material, for a period not to exceed six (6) months. In the case of Containers not owned by Contractor, Contractor shall assign to City, to the extent Contractor is permitted to do so under the instruments pursuant to which Contractor possesses such Containers, the right to use and possess the Containers. If City exercises its rights under this Section, City shall pay to Contractor the reasonable rental value of the Containers for the period of City's possession thereof, (B) The right to license others to perform the services otherwise to be performed by Contractor hereunder, or to perform such services itself, and (C) The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach of this Agreement by Contractor, City will suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to specifically enforce the provisions of this Agreement, and to enjoin the breach hereof. SECTION 21. RIGHTS OF CITY TO PERFORM DURING EMERGENCY 21.1 Provision of Service Should Contractor, for any reason whatsoever, refuse or be unable to provide Solid Waste Handling Services for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste should accumulate in City to such an extent or in such a manner that the City Manager finds that such accumulation endangers or menaces the public health, safety, or welfare, City shall have the right, upon twenty-four (24) hours prior written notice to Contractor, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Contractor previously used in providing Collection, transportation, and disposal of Solid Waste and provide, through its own forces or otherwise, Solid Waste Handling Services which Contractor otherwise would be obligated to provide pursuant to this Agreement. s, 2 Z5 iJ 384/015610-0089 -55- 787054.08 a05/11/07 Contractor agrees that in such event it shall fully cooperate with City to affect such a transfer of possession for City's use. 21.2 Possession of Equipment Contractor agrees, that in the event of circumstances described in Section 21.1 above, City may take temporary possession of and use all of said equipment and facilities without paying Contractor any rental or other charge. Upon Contractor giving City notice that it is able to resume its normal responsibilities under this Agreement City shall either relinquish possession of all of the above mentioned property to Contractor. 21.3 Exclusions from Right to Possession of Equipment without Compensation Specifically excluded from the circumstances in which City may posses and utilize Contractor's equipment without compensation are circumstances in which Contractor fails or refuses to provide Solid Waste Handling Services hereunder for any reason which is not a force majeure event as defined herein. In such circumstances City's right to utilize and possess Contractor's equipment shall be subject to the provisions of the above Section 20. SECTION 22. PRIVACY Contractor shall strictly observe and protect the privacy rights of Customers. hiformation identifying individual Customers or the composition or contents of a Customer's Solid Waste stream, or any of the billing information pertaining to any Customers, shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, ordinance, or regulation of a governmental agency having jurisdiction, or upon valid authorization of the Customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste audits which may be required by AB 939 or this Agreement. Contractor shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of Customers. The rights afforded Customers pursuant to this Section shall be in addition to any other privacy right afforded Customers pursuant to federal or state law. SECTION 23. REPORTS AND ADVERSE INFORMATION Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things: a. Determine and adjust the maximum allowable rates and evaluate the financial efficacy of operations; b. Evaluate past and expected progress towards achieving AB 939 goals and objectives; 2 5 384/015610-0089 _56_ 787054.08 a05/1 U07 C. Determine needs for adjustment to programs; and, d. Evaluate Customer service and complaints. Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City. In addition to submitting all reports on paper, Contractor agrees to submit all reports in an electronic format approved by the City, compatible with City's software/computers at no additional charge. Monthly reports shall be submitted within twenty (20) calendar days after the end of the report month. Quarterly reports shall be submitted within twenty (20) calendar days after the end of the calendar quarter. 23.1 Monthly Reports At a minimum, Contractor shall report the following to City on a monthly basis: Solid Waste Collected by Contractor for each month, sorted by type of Solid Waste in tons broken down at level acceptable to City (which at a minimum shall include: refuse, green waste, quarts of used oil, number of oil filters, a -waste item counts, types of recyclables including PETE, HDPE, mixed plastics, aluminum, cardboard, mixed paper, sand, and concrete), as well as by customer type (i.e., single family, commercial, roll -off, curbside used oil, etc.); the Facilities where all Solid Waste Collected was processed or disposed; warning notices issued for contaminated Recyclable Materials, and green waste Containers; and a narrative summary of problems encountered (including scavenging) and actions taken with recommendations for City, as appropriate. 23.2 Quarterly Reports At a minimum, Contractor shall report the following to City on a quarterly basis: the information required in the monthly reports; the complaint summary for the quarter summarized by nature of complaints; copies of promotional and public education materials sent during the quarter; description of Contractor outreach activities conducted the previous quarter; and such other information or reports that the City may reasonably request or require. Contractor shall, upon demand by City, provide true and accurate copies of landfill tipping receipts and similar such documents in order to enable City to verify Contractor's quarterly reports. 23.3 Annual Reports On or before June 30 of each year during the Term of this Agreement and within fifteen (15) days prior to the end of the Term, Contractor shall submit a written annual report, at its sole expense, in a form approved by City, which includes, but is not limited to, the following information: (A) A summary of the previous year's activities including, but not limited to, services begun or discontinued during the reporting year, and the number of Customers broken down on a monthly basis; 254 384/015610-0089 -5^/- 787054 08 a05/1 V07 (B) A summary of the total tons of Solid Waste Collected in City in the preceding year as well as a summary of the total tonnage diverted from the State's landfill systems during that time frame; (C) Information and reports required by City to meet its reporting obligations imposed by AB 939 and the regulations implementing AB 939, in a form and content approved by the City Manager; (D) A revenue statement, certified by the chief financial officer of Contractor, setting forth Franchise Fees and AB 939 Fees paid and the basis for the calculation thereof, including specifically a breakdown of sources of revenue included in Gross Receipts and the amount of revenue derived from each such source comprising Gross Receipts; (E) A list of Contractor's officers and members of its Board of Directors; (F) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Contractor and any subsidiaries unless Contractor is a public corporation whose annual reports are publicly available; and (G) Contractor agrees to submit such reports and information on computer discs or electronically in a standard format compatible with City's computer system as it may be upgraded from time to time, at no additional charge, if requested by City. 23.4 Financial Report City may require that Contractor provide Contractor's financial reports/statements for the most recently completed fiscal year in connection with an extraordinary rate adjustment request, any audit, or any effort to verify information required under this Agreement, or make such information available for review by its consultants. Financial statements shall include a supplemental schedule showing Contractor's results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and audited, in accordance with Generally Accepted Auditing Standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and audit shall be bome by Contractor as a direct cost of service. In addition, Contractor shall provide to City the supplemental schedule on a compiled basis. City shall to the extent legally possible keep Contractor's Financial statements as confidential documents, not subject to the California Public Records Act, including if Contractor avails itself of the protection afforded by Public Resources Code Section 40062 in providing information required by this Section. 23.5 Adverse Information (A) Contractor shall provide City two copies of all reports and other material adversely affecting this Agreement submitted by Contractor to the United States Environmental Protection Agency, the California Integrated Waste Management Board, the California Regional a 2J� 384/015610-0089 _58_ 787054 08 a05/1 V07 Water Quality Control Board, and any other federal, state, regional, or local regulatory agency. Copies shall be submitted to City simultaneously with Contractor's filing of such matters with said agencies. Contractor's routine correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request. (B) Contractor shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind submitted by Contractor to, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies relating in any manner to Contractor's performance of services pursuant to this Agreement. To the degree authorized by law, any confidential data exempt from public disclosure shall be retained in confidence by City and its authorized agents and shall not be made available for public inspection. (C) Contractor shall submit to City such other information or reports in such forms and at such times as City may reasonably request or require. (D) All reports and records required under this or any other Section shall be furnished at the sole expense of Contractor. 23.6 Disaster Plan Contractor provided a disaster plan as part of the Prior Agreements. Within 90 days of the Effective Date, Contractor shall prepare an updated draft disaster debris cleanup implementation plan that sets forth procedures for collection of debris following a major disaster such as an earthquake, fire or other similar event. The disaster plan shall address priorities for cleanup at critical facilities, procedures for reimbursement for costs, describe communication plans, list key contact persons, and provide maps showing proposed sites for stockpiling of disaster debris that cannot be transported to the landfill. Contractor shall coordinate the plan with the Coachella Valley Business Emergency Service Teams. The draft plan shall be presented to City for its consideration, and the final plan shall incorporate City's comments. The final plan shall be distributed to those employees of Contractor and City who would have a role in implementing it in the event of a disaster. 23.7 Failure to Report The refusal, failure, or neglect of Contractor to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by Contractor in such report shall be deemed a material breach of the Agreement, and shall subject Contractor to all remedies, legal or equitable, which are available to City under this Agreement or otherwise. SECTION 24. COMPENSATION 24.1 Contractor Rates Contractor shall provide services to Customers pursuant to this Agreement at rates it sets, charges to, and collects from Customers, which rates shall not exceed those set forth in the 384M5610-0089 _59_ 787054 08 a05/1 V07 attached Exhibit A, which sets out the maximum rates that may be charged by Contractor, as such maximum rates may be adjusted from time to time pursuant to the terms hereof. The maximum rates set forth in Exhibit A are inclusive of all services to be provided, including transportation, disposal, and Bin costs, and no other charges shall be imposed by Contractor for such services. 24.2 Resolution of Disputes Regarding Rate Adjustments Any dispute regarding an adjustment to the maximum rates Contractor may charge, or the computation thereof, shall be decided by the City Manager. The rates in effect at the time such dispute is submitted to the City Manager shall remain in effect pending resolution of such dispute. The effective date of the adjusted maximum rate following the resolution of any such dispute, whether retroactive or prospective, shall be determined by the City Manager. 24.3 Annual Consumer Price Index Adjustments to Service Component Commencing on July 1, 2008, the service component associated with any of the maximum rates as set forth in Exhibit A shall be adjusted, and such rates shall be adjusted annually thereafter on each subsequent July 1st during the Term hereof (the "Adjustment Dates"), by the following formula: The service component less applicable AB 939 Fee set forth in Section 11.5 (if any) multiplied by a percentage equal to the change in the Consumer Price Index ("CPP) for All Urban Consumers, CUURA421SAO not seasonally adjusted, all items index (CPI-U) — Los Angeles County, Riverside County, Orange County average for the twelve (12) month period commencing fifteen (15) months prior to the applicable Adjustment Date and ending three (3) months prior to the applicable Adjustment Date. At least forty-five (45) days prior to charging Customers any rate increased due to an increase in the CPI, Contractor shall obtain the City Manager's approval to do so. The City Manager shall approve such a request unless he determines, based upon substantial evidence, that the requested adjustment to the maximum rate does not meet the requirements as set forth herein. 24.4 Limitations to Annual CPI Adjustments to Service Component Notwithstanding anything to the contrary in Section 24.3 above, the maximum annual adjustment occurring pursuant to Section 24.3 shall be limited by the provisions set forth below: 24.4.1 Rate Guarantee Contractor has made various assurances to the effect that City's rate for Solid Waste Handling Services at Single Family Residential Dwellings will be among the lowest in the Coachella Valley. Hence, notwithstanding any increase in the CPI no annual increase to the maximum rates set forth on Exhibit A will exceed 103% of the lowest rate for "similar services" provided to residents at Single Family Dwellings anywhere in the Coachella Valley. For purposes of this Agreement, the rate for "similar services" is intended to mean the rate charged for services that include automated curbside Collection of mixed solid waste, automated collection of Recyclable Materials, and automated collection of green waste. No consideration of manual collection, or other special services provided to gated communities shall be considered when determining if services are similar in another community. As a further limitation, the maximum rates on Exhibit A shall never exceed the lowest rate for similar services in more than '6 2 K 384/015610-0089 _60_ 787054.08 a05/11/07 one City in the Coachella Valley (i.e., the maximum amount of any increase to the maximum rate shall be limited such that City's rates shall always be either the lowest, or second lowest rates for similar services in the Coachella Valley.) 24.4.2 Six Percent (6%) Cap The service component of the maximum rate may not be increased in any given year by more than six percent (6%) without regard to any higher increase which may otherwise be justified by the formula set forth in Section 24.3. 24.4.3 Compliance with Agreement No increase to the maximum rates shall occur if the City Manager determines that Contractor did not fully comply with all terms of this Agreement in the Rate Year preceding the increase, including without limitation, provisions hereof relating to reporting, diversion, and Customer service standards. 24.5 Disposal Component Adjustments It is the intention of the parties that the disposal component associated with any of the maximum rates as set forth in Exhibit A shall be adjusted no more often than annually on each Adjustment Date such that they reflect each Customers pro-rata share of any increase or decrease in the actual tipping fees charged by the location to which Solid Waste is delivered by Contractor for disposal. As of the Effective Date Contractor has indicated that the Edom Hill Transfer Station is to be the disposal site, and the maximum rates set forth in Exhibit A reflect the costs of disposal at that location. In the event the tipping fees charged by this disposal site increase or decrease, or if a new disposal site is proposed by Contractor and approved by City, the parties shall negotiate in good faith to determine the appropriate pro-rata change to the maximum rates charged to each Customer, taking into account all relevant financial data including processing costs and revenues for Solid Waste not taken to the disposal site, and the disposal component of the maximum rates set forth on Exhibit A will thereafter be adjusted accordingly at the next Adjustment Date. The City Manager may approve changes in the disposal component associated with any of the maximum rates set forth on Exhibit A, or, in his discretion, may refer such approval to the City Council. 24.6 Discretionary Adjustments Contractor may request an adjustment to rates at reasonable times other than as set forth in Section 24.3 for unusual changes in the cost of providing service under this Agreement. For each request for an adjustment to the maximum rates brought pursuant to this Section Contractor shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. City shall review the Contractor's request and, in the City Council's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. City may consider increases or decreases in the Contractor's total revenues and total cost of services when reviewing an extraordinary rate adjustment request. Contractor may not request an extraordinary increase in the maximum rates as a result of: changes in fees or taxes 25- 384/015610-0089 -61- 787054 08 a05/11/07 such as Social Security, disability or income tax; changes in the market value of Recyclables or processing costs for Recyclables or green waste; inaccurate estimates by the Contractor of its cost of operations; or costs of compliance with South Coast Air Quality Management District and Air Resource Board rules and standards for Collection Vehicles. 24.7 Grants From time to time, Federal, State or local agencies including the City may provide to Contractor grants to assist in financing qualified programs provided by Contractor in the City (including, without limitation, grants for diversion programs and related equipment, alternative fuel vehicles and equipment, and Household Hazardous Waste Collection and Disposal.) Contractor shall notify City upon receipt of any such grant funds that may be used to fund services provided pursuant to the terms of this Agreement. With the exception of grants already received by Contractor as of the Effective Date, and grants for either Household Hazardous Waste Collection and Disposal or Collection Vehicles, any funds received through grants for services in the City are intended to benefit City and its residents and businesses, and in essence are held by Contractor in trust on behalf of City. Accordingly, Contractor agrees that the total amount of compensation it receives from Customers hereunder, may be reduced by the amount of any such grant, unless the grant is used to pay for services in City. The City Council shall determine whether the reduction in Contractor's compensation shall be: (1) passed through to Customers designated by City as a reduction to maximum rates; (2) as an offset to the next increase to maximum rates requested by Contractor; (3) paid to City for use as City directs; or, (4) applied in any combination of (1) through (3). SECTION 25. IDENTIFICATION OF CONTRACTOR Contractor has agreed to use the name "Burrtec Waste and Recycling Services, LLC" to identify itself to the public as the specific organization that shall provide all services under this Agreement. Unless otherwise approved in writing by City, this name shall be used for all correspondence, billing statements, directory listings, references, signs, and vehicle and Bin identification. SECTION 26. CITY'S FLOW CONTROL OPTION As of the Effective Date, and unless and until otherwise directed by City, Contractor may deliver Solid Waste Collected hereunder to any facility it deems appropriate to meet the requirements of this Agreement. It shall, however, notify City of all such facilities that it is utilizing. City shall have the option to direct and/or approve which transfer station, recycling facility, transformation facility, landfill, or other facility Contractor shall use to retain, process, recycle and dispose of Solid Waste generated within the Franchise Area. Contractor expressly consents to City's ability to direct the location for disposal of Solid Waste hereunder, and waives any and all rights to challenge City's ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. 384/015610-0089 -62- 787054 08 a05/11/07 SECTION 27. INDEMNIFICATION 27.1 General (A) Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, and agents (collectively the indemnities) from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising out of, resulting from, and/or in any way connected with this Agreement including: (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, Companies and/or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees, agents, Companies and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, Companies and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws); and (4) any challenge to the award of, or any provisions of this Agreement (including any claim that the application of any provision hereof violates any provision of the California Constitution.) The foregoing indemnity and hold harmless provisions shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities negligence, but shall not extend to matters resulting from the indemnities sole negligence, or willful misconduct. Contractor further agrees to and shall, upon demand of City, at Contractor's sole cost and expense, defend (with attorneys acceptable to City) City, its elected and appointed boards and commissions, officers, employees, and agents against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse the City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Contractor elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Contractor. (B) Contractor, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, asserting rights under the Dormant Commerce Clause or any other federal or state laws to provide Solid Waste Handling Services in the City. (C) The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. 25r 810-0089 7-63- 87054 7054 0OS a05/11/07 27.2 Hazardous Substances Indemnification (A) Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify, and hold City and its past and present officers, council members, employees, consultants and agents (hereinafter "Indemnified Parties") harmless from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that: (1) results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnified Party is liable, responsible or in anyway obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any Hazardous Contaminant (as defined herein); or (2) relates to material collected, transported, recycled, processed, treated or disposed of by Contractor. (B) Contractor's obligations pursuant to this Section shall apply, without limitation, to: (1) any Claims brought pursuant to or based on the provisions of the Environmental Laws, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., the Carpenter -Presley - Tanner Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter -Cologne Act (California Water Code Section 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision; (2) any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation by Contractor of any facility; (3) any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Contractor; (4) any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. 255 le 384/015610-0089 -64- 787054 08 a05/11/07 (C) The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor. (D) For purposes of this Agreement, the term "Hazardous Contaminant" shall mean any "hazardous material," as that term is defined under California Health & Safety Code Section 25501(o); any "hazardous substance," as that term is defined herein or under California Health & Safety Code Sections 25281(h), 25501(p), 25501.1 and under Title 42, Section 960t(14) of the United States Code; any "hazardous waste," as that term is defined herein and under Title 42, Section 6903(5) of the United States Code and under California Health & Safety Code Section 25501(q); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos -containing material. The term "Hazardous Contaminant" shall also include any and all amendments to the above -referenced statutory and regulatory provisions made before or after the date of execution of this Agreement. (E) The provisions of this Section shall not terminate or expire, shall be given the broadest possible interpretation and shall survive the expiration or earlier termination of this Agreement. SECTION 28. CONTRACTOR'S BOOKS AND RECORDS; AUDITS 28.1 Maintenance and Inspection of Records Contractor shall maintain all records relating to the services provided hereunder, including but not limited to Customer lists, billing records, accounts payable records, maps, AB 939 compliance records, records reflecting the number of refuse, recycling and green waste routes and rout hours by service category (residential, commercial, roll -off, and special services), records demonstrating facilities, equipment and personnel used to perform services, records reflecting the number of refuse, recycling and green waste containers in service by frequency of collection for each customer group (residential, commercial, roll -off); records reflecting the number of roll -off box pulls, and such other documents and materials which reasonably relate to Contractor's compliance with the provisions of this Agreement (the "Records"), for the full Term of this Agreement, and an additional period thereafter of not less than three (3) years, or any longer period required by law. City shall have the right, upon five (5) business days advance notice, to inspect the Records. Such Records shall be made available to City at Contractor's regular place of business, but in no event outside the County of Riverside. 28.2 CERCLA Defense Records City views the ability to defend against the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Solid Waste Collected in the City was taken for Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which can establish where Solid Waste Collected in the City was landfilled (and therefore establish where it was not 384/015610-0089 -65- 787054 08 a05/11/07 landfilled) for not less than five (5) years following the termination of this Agreement, and agrees to notify City's Risk Manager and City Attorney before destroying such records thereafter. At any time, including after the expiration of the Term hereof, Contractor shall provide copies of such records to City. The requirements of this Section shall survive the expiration of the Term of this Agreement. 28.3 Audits 28.3.1 Annual Examination of Services Every year Contractor shall fund the cost of an independent audit by a Certified Public Accounting firm of all accounts in City for each category of Customers serviced By Contractor. The annual audit shall be completed and provided to City within ninety (90) days following June 30th each year during the Term commencing in 2008. The audit shall at a minimum include, but not be limited to, an examination of all Gross Receipts and Franchise Fees paid thereon. 28.3.2 Discretionary Audits In addition to the annual audits to be performed by Contractor, City may request Contractor to make any or all Records available to an independent auditor or examiner, to be selected by the City, at any time for auditing and examination purposes (a "Discretionary Audit"). City shall bear the cost of any Discretionary Audit except as otherwise provided herein. Should any Discretionary Audit reveal an underpayment of any Franchise Fee required pursuant to this Agreement, the amount of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Contractor by City, complete with any additional late charges as set forth herein. If a Discretionary Audit reveals inaccuracies or inconsistencies in more than five percent (5%) of all Customer accounts, either with the Contractor's operations or billing systems, or an underpayment of Franchise Fees of more than three percent (3%), Contractor shall bear the entire cost of such Discretionary Audit. 28.3.3 Route Audit Contractor shall complete an audit at its expense of its Collection routes for all Customers at such times as may be requested by City. The timing of such audits is at the City's discretion and may be required to be timed with the issuance of a request for proposals for a new agreement. The route audit, at minimum, shall consist of an independent physical observation by Person(s) other than the route driver or route supervisor of each Customer in the City. The route audit shall include, as a minimum, the following information for each account: • Route Number; • Truck Number; • Account Name; • Account Number; 2e1 384/015610-0089 -66- 787054.08 a05/11/07 • Account Service Address; • Service Level per Billing System (quantity, size, frequency); • Service Level per Routing System; • Observed Containers (quantity, type and size); • Bin condition; • Proper signage; and, • Graffiti. Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results thereof which shall include: • Identification of the routes; • Truck numbers; • Number of accounts, by route and in total; • Types of exceptions observed; • Number of exceptions by type; • Total monthly Billing, pre -audit; • Total monthly Billing, post -audit (subsequent to corrections of identified exceptions); • Percentage of the number of accounts with errors to the total number of accounts served; • Percentage of the "net" change in monthly Billing as a result of the audit to the total pre -audit monthly Billing; and, The report shall include a description of the procedures followed to complete the audit, and shall include the names and titles of those supervising the route audits and the name and titles of those performing the observations. Additionally, the report shall include a description of the pre -audit training of the route auditors, particularly if temporary personnel are used. The report shall also include a description of the changes and Contractor's plans to resolve any exceptions. The results of the audit shall be available for review by the City or its representative. 384/015610-0089 G'l_ 787054.08 a05/11107 _V / SECTION 29. TRANSITION OBLIGATIONS At the end of the Term, or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent solid waste enterprise it designates to assure a smooth transition of services. Contractor's cooperation shall include, but not be limited to, providing route lists, billing information and other operating records needed to service all premises covered by this Agreement. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. Contractor shall provide any new solid waste enterprise with all keys, security codes and remote controls used to access garages, gates and bin enclosures. Contractor shall be responsible for coordinating transfer immediately after its final collection activities, so as to not disrupt services. Contractor shall provide City with detailed rout sheets containing service names and addresses, billing names and addresses, monthly rate and service levels (number and size of containers and pickup days) at least 90 days prior to the transition date, provide an updated list two weeks before the transition, and a final updated list with any changes the day before the transition. Contractor shall provide means of access to the new solid waste enterprise at least one full business day prior to its first day of collection, and within sufficient time so as to not impede in any way the new solid waste enterprise from easily servicing all containers. SECTION 30. GENERAL PROVISIONS 30.1 Force Maieure Contractor shall not be in default under this Agreement in the event that its ability to provide Solid Waste Handling Services or Temporary Services, in compliance with its obligation to do so hereunder, is temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, and fires, or "other catastrophic events" which are beyond the reasonable control of Contractor. The term "other catastrophic events" does not include: (i) the financial inability of Contractor to perform; (ii) failure of Contractor to obtain any necessary permits or licenses from other governmental agencies; (iii) the failure to obtain the right, or the loss of the right, to use the facilities of any public utility where such failure is due in substantial part to the acts or omissions of Contractor; or (iv) strikes, lockouts, and other labor disturbances. 30.2 Independent Contractor Contractor is an independent contractor and not an officer, agent, servant, or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractor nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. Y V N 384/01561M089 _68. 787054 08 a05/11 /07 30.3 Pavement Damage Contractor shall be responsible for the cost of repair of any extraordinary damage to the public streets located within the City resulting from providing the services required hereunder. 30.4 Property Damage Any physical damage caused by the negligent or willful acts or omissions of employees, agents, or subcontractors of Contractor to private or public property shall be promptly repaired or replaced at Contractor's expense. 30.5 Right of Entry Contractor shall not have the right, until Contractor receives permission from the property owner, to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Temporary Services and/or Solid Waste Handling Services pursuant to this Agreement. 30.6 Law to Govern: Venue The laws of the State of California shall govem this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 30.7 Amendment This Agreement is intended to carry out City's obligations to comply with the provisions of AB 939, as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that AB 939 or other state or federal laws or regulations enacted after this Agreement has been enacted, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Except as otherwise expressly stated herein, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties. 30.8 Notices All notices required or permitted to be given under this franchise shall be in writing and shall be personally delivered or sent by telecopier (fax), or United States certified mail, postage prepaid, return receipt requested, and addressed as follows: To City: City of La Quinta Attn: City Manager 78-495 Calle Tampico La Quinta, CA 92253 Fax: (760) 777-7101 2u: 384/015610-0089 -69- 787054.08 a05/11/07 To Contractor: Burrtec Waste and Recycling Services, LLC. Attn: Chief Executive Officer 9890 Cherry Ave Fontana, California 92335 Phone: (909) 822-2397; Fax: (909) 355-7158 or to such other address or telecopier number as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed given on the date served if served personally or by Fax between the hours of 8:00 a.m. to 5:00 p.m. on any regular business day for City's business offices. If served during other times, Faxed notice shall be deemed given the first business day following the day upon which it is so Faxed. If mailed, notice shall be deemed given three (3) business days from the date such notice is deposited in the United States mail. 30.9 Guarantee of Contractor's Performance Pursuant to a guarantee in substantially the form attached as Exhibit E, Burrtec Waste Group, Inc. ("Guarantor") has agreed to guarantee Contractor's performance of its obligations pursuant to this Agreement, and Guarantor shall provide a fully executed copy of the Guarantee required by this provision concurrently with Contractor's delivery of this Agreement to City. 30.10 Savings Clause If any non -material provision of this Agreement is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 30.11 Exhibits hicorporated Exhibits A through E are attached to and incorporated in this Agreement by reference. 30.12 Joint Drafting This Agreement shall be interpreted as if it were drafted jointly by the parties to the Agreement. 30.13 Attorneys' Fees and Litigation Costs In the event either party brings any action or proceeding to enforce or interpret the terms or provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorneys' fees and other litigation costs and expenses, including without limitation expert witness fees, consultant fees and costs. Without limiting its scope in any way, this provision is expressly intended to, and shall, apply to fees and costs incurred in any appeal. _5' ; 2 6 :i 384/015610-0089 -70- 787054.08 a05/11/07 30.14 City's Authorized Agent Notwithstanding anything contained herein to the contrary, and excepting amendments hereto and such actions set forth herein specifically calling for City Council action or approval, the City Manager is designated as the City's authorized agent to take any action with regard to any matter, or enforce any right, set forth herein requiring action by the City. 30.15 Integrated Agreement This Agreement contains the entire integrated agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations, promises, proposals, and agreements between the Parties, whether written or oral. The Parties acknowledges this document has been executed with the consent and upon the advice of counsel. Each of the Parties acknowledges that no party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other party to execute this instrument. 30.16 Section Headings The section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 26, 384/015610-0089 _71 _ 787054 08 a05/11/07 30.17 Compliance with Law In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all applicable laws and regulations of the United States, the State of California, the provisions of the Municipal Code, and any federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended. ATTEST: LM Veronica Montecino, City Clerk APPROVED AS TO FORM: M A. Patrick Munoz, Special Council "City" CITY OF LA QUINTA In Thomas Genovese, City Manager "Contractor" BURRTEC WASTE AND RECYCLING SERVICES, LLC. LIN its: 384/015610-0089 -72� 787054.08 a05/11/07 EXHIBIT A MAXIMUM RATE SCHEDULE FOR SOLID WASTE HANDLING SERVICES: ATTACHED k Y V 384/015610-0089 _ 787054.08 a05/11/07 _1 CITY OF LA QUINTA Maximum Rates For Single Family Dwellings- Monthly" Effective Julv 1, 2007 Service Disposal Single Family Dwellings Component Component Total Automated or Manual Collection - Tax Roll Billing $ 8.43 $ 2.89 $ 11.32 Automated or Manual Collection - Direct Billing $ 9.71 $ 2.89 $ 12.60 Additional Refuse Cart $ 5.96 $ - $ 5.96 Cart Replacement (Per Secton 8.1.8 (F)) - one time fee $ 50.00 $ - $ 50.00 Backyard Service Basic Additional Charge for Backyard Service $ 5.63 $ - $ 5.63 Charge for Each Additional Cart/Container Per Section 8.2.3 $ 5.63 $ - $ 5.63 Surchage for HOKs Desiring Monday Service 10% of Service Component 'The maximum rates on this sheet shall apply to all Customers receiving Automated Service utilizing Refuse Carts, including specifically such Customers (if any) at Commercial Premises. CITY OF LA QUINTA Maximum Rates for Customers Receiving Service in Bins - Commercial or Residential Premises Effective July 1, 2007 2 Yard Bin Service PitkopsPerweek80MI00 Component merRate 1 $ 57.47 $ 21.79 $ 79.26 2 $ 101.11 $ 41.54 $ 142.65 3 $ 142.79 $ 61.41 $ 204.20 4 $ 184.26 $ 81.11 $ 265.37 5 $ 225.81 $ 96.84 $ 322.65 6 $ 267.631 $ 120.48 $ 388.11 Extra Empty* $ 29.61 $ 5.45 $ 35.06 3 Yard Bin Service RickupsPeeweek 1 $ ServiceComponem 73.08 $ IaoeatVC,.mr�PenazN; 31.21 $ 1tloethly tonwRate 104.29 2 $ 127.40 $ 60.25 $ 187.65 3 $ 180.68 $ 88.49 $ 269.17 4 $ 230.42 $ 116.64 $ 347.06 5 $ 282.93 $ 145.441 $ 428.37 6 $ 333.881 $ 173.42 $ 507.30 Extra Empty* $ 40.35 $ 7.80 $ 48.15 4 Yard Bin Service Piakops Per week Service Compcaerht . :blacaat Cbmpeaerit- ° eottrfyCuatomer Race 1 $ 99.74 $ 42.04 $ 141.78 2 $ 159.39 $ 79.09 $ 238.48 3 $ 221.01 $ 115.99 $ 337.00 4 $ 282.80 $ 153.31 $ 436.11 5 $ 341.67 $ 190.10 $ 531.77 6 $ 399.401 $ 226.721 $ 626.12 Extra Empty* $ 54.66 $ 10.51 1 $ 65.17 6 Yard Bin Service Pid Per week v ee Camponerrl Disosal . pOpeat Moexirly tomar Raze 1 $ 149.62 $ 62.53 $ 212.15 2 $ 239.09 $ 120.04 $ 359.13 3 $ 331.44 $ 176.13 $ 507.57 4 $ 424.46 $ 232.24 $ 656.70 5 $ 512.52 $ 289.35 $ 801.87 6 $ 599.141 $ 344.881 $ 944.02 Extra Empty* $ 81.57 1 $ 15.63 1 $ 97.20 *Meaning occasional calls for extra service, or "emptying" of Bin Customers desiring a locking Bin may be charged a one time chage of up to $57.44 to add a locking bar to their Bin, and are subject to a charge not to exceed $22.10 each time the locking bar needs replacement. The Service Component for Customers receiving services less than 6 times per week and who desire service on Saturday may be increased by an amount to not to exceed $23.88. The montly Service Component for Customers who keep Bins in locked enclosures may be increased by an amount not to exceed $16.63 a' 2 The monthly Service Component for Customers who keep Bins in a location requiring Contractor to move them more than 20 feet for collection purposes may be increased by an amount not to exceed $29.44 CITY OF LA QUINTA Maximum Rates for Service in Rolloff Boxes and Temporary Service Effective July 1, 2007 Maximum Rolloff Box Rate is the Total of the Service Component and Disposal Component Service Component: Rolloff Box Size Standard 20 yard box $102.73 per pull plus $13.10/ton of Solid Waste Collected Standard 30 yard box $141.27 per pull plus $13.10/ton of Solid Waste Collected Standard 40 yard box $165.38 per pull plus $13.10/ton of Solid Waste Collected The Service Component for Rolloff Compactors is three times the per pull rate for the same size Rolloff Box, plus $13.10 per ton of Solid Waste Collected (i.e., the Service Component for a 40 yd. Compactor is 3 x 165.38 = 496.14 + $13.10/ton.) Disposal Component: Acutal Amount Charged to Contractor for Disposal TEMPORARY SERVICE USING BINS Temporary Service utilizing a 3yd Bin is subject to a maximum rate, comprised only of a Service Component, of $105.90 per servicing by Contractor Temporary Service utilizing a 4yd Bin is subject to a maximum rate, comprised only of a Service Component, of $116.08 per servicing by Contractor Temporary Service Delivery Charge Bins and Rolloff Boxes used for Temporary Services are subject to a delivery charge of $18.10 CITY OF LA QUINTA Maximum Service Component/Rate For Miscellaneous Charges Effective July 1, 2007 New Start Fee $ 6.40 Re -Start Fee $ 16.79 Extra TripFee - Rolloff Boxes only$ 51.44 Returned check $ 21.17 Bulky Item Service Residential: in excess of 4 items or non -regular collection day$15.00/item Commercial $50.00/item 2 7 : EXHIBIT B CONTAINER/BIN SPECIFICATIONS • Contractor shall provide Container Specifications to City for approval. All Containers utilized by Contractor shall perform to the reasonable satisfaction of the City Manager in order to be utilized in City. • Each Refuse, Green Waste and Recycling Cart utilized by Contractor shall be labeled on the inside, or hot -stamped, in English and Spanish and with graphics so as to: (1) explain/depict the items for which it is designated to Collect, and (2) identify the name and phone number of Contractor. • The body of Refuse Carts shall be a uniform maroon color, Recycling Carts shall be a uniform grey color and Green Waste Carts shall be a uniform green color. • While Contractor may continue to utilize Carts which were distributed to Customers under the Prior Agreements, all labels on Cart's distributed pursuant to the Prior Agreements and bearing the name of any solid waste enterprise other than Contractor shall be replaced as of the Effective Date so as to identify Contractor as required herein. • Any Cart distributed by Contractor in City after the Effective Date shall be newly manufactured and have never previously been used for the Collection of Solid Waste; excepting that Carts which have been refurbished such that they are "like new" may be used so long as their condition is satisfactory as determined by the City Manager. • Bins shall have lids that close securely and which are capable of being locked. Locks shall be provided by Contractor upon request at rates that do not exceed those set forth in Exhibit A. 2 ,1 . 384/015610-0089 _ 787054.08 a05/11,07 -1 EXHIBIT C SAMPLE LISTING OF CITY SPONSORED EVENTS (This list is intended only as a sample of City sponsored events, and is not intended to be all inclusive or to limit Contractor's obligations in any way.) February "Concert in the Park" Civic Center Campus March "La Quinta Arts Festival" Civic Center Campus April "Community Picnic and Birthday Bash" Fritz Bums Park April "Easter Egg Hunt" La Quinta Park October "Halloween Carnival" Boys and Girls Club December "Breakfast With Santa" Senior Center December "Christmas Tree Lighting" Civic Center Campus 2 7 : 384/015610-0089 _ 787054 08 a05/1 V07 1 EXHIBIT D CITY FACILITIES AND PARKS LIST (This list is intended only as a sample of existing City facilities, it is not intended to be all inclusive or to limit Contractor's obligations in any way.) City Hall City Library City Senior Center Fire Stations (3 currently) Police Sub -Station in Village City Museum City Corporate Yard SilverRock Golf Course (including without limitation green waste and refuse removal at: the temporary clubhouse and maintenance building and the eventual permanent clubhouse, the pro shop, such green waste collection areas as may be established on site, and annual green waste removal related to over seeding and "scalping") Fritz Burns Pool Building La Quinta Sports Complex Fritz Burns Park Adams Park La Quinta Park (Westward Ho/Adams Street) Bear Creek Trail —t' 27 —, 384/015610-0089 _ 787054 08 a05/11,07 -2' EXHIBIT E CORPORATE GUARANTY THIS GUARANTY (the "Guaranty) is given as of the I" day of July, 2007, and is made with reference to the following facts and circumstances: A. Burrtec Waste and Recycling Services, Inc., hereinafter ("Contractor") is an affiliate of Burrtec Waste Group, Inc. (Guarantor). B. Contractor has assumed the obligations of Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert ("Waste Management") in that certain agreement with the City of La Quinta ("City") dated January 1, 2004 and entitled "Agreement between the City of La Quinta and Waste Management of California, Inc., a California Corporation dba Waste Management of the Desert for Solid Waste Handling Services"(the "Waste Management Franchise"). C. Contractor has additionally entered into an agreement with City dated July 1, 2006 and entitled ""Agreement between the City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services"" (the "2006 Burrtec Franchise"). D. Contactor has now entered a new franchise agreement with the City with an Effective Date of July 1, 2007, entitled "Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services" (the "2007 Burrtec Franchise"). E It was a requirement of the 2006 Burrtec Franchise, and a condition to the City approving the transfer and assignment of the Waste Management Franchise to Contractor, that Guarantor guaranty Contractor's performance of the 2006 Burrtec Franchise, including any ongoing obligations in the Waste Management Franchise assumed by Contractor. F. It is additionally a requirement of the 2007 Burrtec Franchise, that Guarantor guaranty Contractor's performance of the 2007 Burrtec Franchise, including any ongoing obligations in the Waste Management Franchise assumed by Contractor, and any ongoing obligations under the 2006 Burrtec Franchise. G. Guarantor is providing this Guaranty to induce the City to approve the 2007 Burrtec Franchise. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the 2007 Burrtec Franchise. Guarantor hereby irrevocably and unconditionally guarantees to the City the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the 2007 Burrtec Franchise which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to 384/015610-0089 787054.08 a05/11/07 perform, satisfy or observe any of the terms and conditions of the 2007 Burrtec Franchise Guarantor will promptly and fully perform, satisfy or observe them in the place of the Contractor (including by causing the services required of Contractor to be performed by a Solid Waste Enterprise acceptable to City). Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of the 2007 Burrtec Franchise. Included in the forgoing Guarantee, is a guarantee by Guarantor of any continuing obligations assumed by Contractor as part of the Waste Management Franchise, and any ongoing obligations of Contractor under the 2006 Burrtec Franchise. 2. Guarantor's Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and, with respect to any payment obligation of Contractor under the 2007 Burrtec Franchise, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the 2007 Burrtec Franchise. In any action brought against the Guarantor to enforce, or for damages for breach of, its obligations hereunder, the Guarantor shall be entitled to all defenses, if any, that would be available to the Contractor in an action to enforce, or for damages for breach of the 2007 Burrtec Franchise (other than discharge of, or stay of proceedings to enforce, obligations under the 2007 Burrtec Franchise under bankruptcy law). 3. Waivers. Except as provided herein the Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) the actual or purported rejection by a trustee in bankruptcy of the 2007 Burrtec Franchise, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the 2007 Burrtec Franchise; (3) any waiver with respect to any of the obligations of the 2007 Burrtec Franchise guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against the Contractor; or (4) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Section 2846, 2849, and 2850, including without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. City may unqualifiedly exercise in it sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. 384/015610-0089 787054.08 a05/11/07 _4_ The Guarantor hereby waives and agrees to waive at any future time at the request of the City to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. The Guarantor hereby expressly waives, diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non- payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the 2007 Burrtec Franchise have been fully performed or otherwise discharged and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the 2007 Burrtec Franchise. Guarantor shall not be released of its obligations hereunder as long as there is any claim by the City against Contractor arising out of the 2007 Burrtec Franchise based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees in the event of Guaranty's breach of its obligations including to pay reasonable attorney's fees and all other reasonable costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in, and pursuant to the laws of, the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws, rules for all purposes including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts, with venue resting in Riverside County, California. 384/015610-0089 _ 787054.08 a05/11/07 -5 8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity will have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding On Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Article of Incorporation and By -Laws, and that the person signing this Guaranty on its behalf has the authority to do so. 11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Fax: (760) 777-7101 with a copy to the City's Legal Counsel at the same address. To the Guarantor: Burrtec Waste Group, hic 9890 Cherry Ave. Fontana, California 92335 Attn: Chief Executive Officer Fax: (909) 355-7158 Guarantor: Burrtec Waste Group, Inc. 0 (title) a 7% 384/015610-0089 787054.08 a05/11/07 -6- v F5"/ a T�4a�w .res- Ows V TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: THOMAS P. GENOVESE, CITY MANAGER4,d FROM: DOUGLAS R. EVANS4CrUNITY DEVELOPMENT DIRECTOR DATE: MARCH 15, 2007 SUBJECT: BURRTEC AGREEMENT Attached is a corrected page to the waste agreement that was found after the Agenda packet was distributed. The only change is to Section 8.6.8 relating to the acceptance of Household Hazardous Waste at the Palm Desert facility. c: Kathy Jenson, City Attorney 281� 8.6.4 Bin and Bin Enclosure Cleanine Contractor shall clean out any overflowing Bins or Bin enclosures within the Franchise Area within twenty-four (24) hours of notification by City. Contractor may bill Customers for any such services when they are required by City at rates subject to approval by City. Contractor shall work with the City Manager in identifying continual problems in Customer Bins or Bin enclosures. 8.6.5 Public Service Calls from City Departments Contractor shall respond to calls from City s Maintenance and Code Enforcement Divisions and from its Police Department, to provide Containers and dispose of Bulky Items and other Solid Waste as a result of illegal or unauthorized dumping, or other Code enforcement matters, occurring within the Franchise Area. Contractor agrees that if requested to provide such services in connection with abatement activities for which reimbursement is sought from the property owner by City through abatement liens or otherwise, Contractor will provide billing information sufficient for City to include it in its liens, and Contractor will be paid at such time as the abatement lien is paid, or reimbursement is otherwise obtained by City from the property owner. 8.6.6 Holiday Trees Contractor shall, free of charge, pick up all Holiday Trees placed out for Collection by Customers during the first two (2) weeks following Christmas Day. Contractor shall accept all Holiday Trees delivered to its yard in Palm Desert following the above two (2) week period, at no extra charge. 8.6.7 Handling of Electronic Waste Contractor shall Collect electronic waste, or "e-waste," placed for Collection by any Customer, but shall handle and dispose of such materials in accordance with all applicable laws and regulations. 8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste Contractor shall accept, free of charge, batteries, florescent or mercury light tubes, and materials commonly known as e-waste, as well as any itef s whieh we ir____t_,l Hazafdetts Waste that are dropped off by Customers at Contractor's yard in Palm Desert—,a"ueh fiffies when Cei4meier-'sa isContractor shall SPPIC arantc_ which if nhtainad yyjjj to Customers. Contractor shall use reasonable efforts to ensure that materials so delivered receive the highest possible rate of recycling. Contractor shall properly store, handle and dispose of all a -waste and Household Hazardous Waste once delivered to it, and in doing so shall comply with all laws and regulations, including specifically the Environmental Laws. 810-0089 _U 28 1 787054 09 a05n4i07 -27- OQ �ai Q•�O ' /{ OF Tl'9 COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE: Consideration of City of La Quinta Marketing Plan for Fiscal Year 2007/2008 RECOMMENDATION: AGENDA CATEGORY: ^^ BUSINESS SESSION: d"' CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a City of La Quinta Marketing Plan for Fiscal Year 2007/2008, and provide staff direction regarding professional marketing services. FISCAL IMPLICATIONS: None associated with this action, as the City Council is being asked to consider approval of the City's Marketing Plan for Fiscal Year 2007/2008 (the "Plan") as a economic planning document and as a guide for City marketing efforts during the upcoming fiscal year. However, implementation of the proposed Plan has financial implications of up to $642,469, which represents the estimated cost of implementing the marketing programs included therein. The marketing component breakdown is as follows: Economic Development & Tourism/Hospitality - $179,500 City Communications - $144,000 Community Services & Special Events - $66,500 SilverRock Resort - Golf Operations - $252,469 Staff is recommending a marketing contingency in the range of $100,000 to $200,000 for possible implementation of a hotel cooperative program. Funding would be contingent upon budget availability, research and definition of the program, and City Council's approval. �, 2 All marketing cost estimates will be reviewed and further refined as part of the City's annual budget process and contract for services process. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The City's Marketing Plan is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: On April 17, 2007, the City Council considered marketing strategies for the City of La Quinta via a Study Session. At that time, Kiner Communications presented recommended marketing ideas for Fiscal Year 2007/2008 for Council consideration and direction. Based on input from Council, budget parameters, and ongoing discussions with Kiner, Landmark, the La Quinta Chamber of Commerce, and the Palm Springs Resorts Convention and Visitors Authority, a proposed City of La Quinta Marketing Plan for Fiscal Year 2007/2008 has been prepared (Attachment 1). As part of their contract with the City, Kiner Communications is responsible for preparing a comprehensive marketing plan for the City on an annual basis. The attached Plan, similar to the City's Economic Development Plan, has been developed as an "umbrella" document in an effort to identify marketing programs the City plans to undertake during the upcoming fiscal year. After receiving input from Council on April 17, staff worked with Kiner Communications on updating last year's Plan. The table below provides pertinent information on each of the four marketing components included within the Plan: Marketing Managing Responsible for Budget Supporting Council Budget Component Department(s) Implementation Estimate Accounts Consideration Economic Economic Professional $179,500 Economic Professional Development & Development marketing Development/ marketing Tourism/Hospitality consultant/ Redevelopment contract/normal City staff budget process Economic Professional $144,000 Economic Professional City Development/ marketing Development/ marketing Communications Community consultant/ Community contract/normal Services staff Services budget process Economic —City Professional $66,500 Economic Professional Community Development/ marketing Development/ marketing Services & Events Community consultant/ Community contract/normal Services City staff Services budget process SilverRock Resort - Community Golf operator $252,469* Enterprise Fund Golf operator Golf Operations Services contract/normal bud et orocess *Total for marketing as proposed by LandmarK Dort ivianagemem. r The City of La Quinta Marketing Plan for Fiscal Year 2007/2008 has been prepared as a conceptual guide. And, in keeping with last year's process, staff is recommending that Council approve only the narrative Plan at this time. If approved, staff will develop an operating budget in conjunction with the City's Fiscal Year 2007/2008 budget process and the associated professional services contracts (i.e. marketing and golf operations). The umbrella Plan is implemented by various parties including Landmark and a professional marketing firm, while some of the items are implemented directly by City staff. The proposed City of La Quinta Marketing Plan for Fiscal Year 2007/2008 is divided into four marketing components which include the following programs (the Plan in its entirety is provided as Attachment 1): Economic Development & Tourism/Hospitality • Trade Conferences. Maintain a presence at the International Council of Shopping Centers (ICSC) Conference & Deal Making (September 2007 - San Diego) with an ad in the program guide and booth space. Continue participation in BizNet Symposium & Expo hosted by the La Quinta, Indio, and Coachella Chambers of Commerce. • Palm Springs Life. Continue to produce an advertorial in the October Palm Springs Life Progress issue, communicating economic development opportunities in La Quinta as well as introducing new businesses and other progress updates. • Television. Continue to run TV spots produced in Fiscal Year 2006/2007, which portray the best of what La Quinta has to offer in an enticing, energetic format. Expand TV broadcast to the San Diego market, and continue to broadcast in the 3.4 million household markets of L.A./Orange County. • Familiarization/Media Tour. Invite four to five writers and editors to La Quinta for a media and familiarization ("fam") tour. Partner with SilverRock, local hospitality partners, shops, and restaurants to provide the visiting media with the best possible experience in La Quinta. Garner feature coverage, build long- term relationships, and secure follow up stories. Online Marketing. Launch a monthly online marketing program with the goal of driving "search" users to the La Quinta website. Enlist with the most common search engines (e.g., Google, Yahoo, MSN) and capture users who conduct travel -related searches for the Coachella Valley area. Enhance the "call to action" (i.e., direct users to a listing of La Quinta hotels, shops, restaurants, and °_ 2 u '1 things to do) by working with the La Quinta Chamber of Commerce (via its website) and/or by augmenting the "Visitor" section of the City's website. • CVA Cooperatives. Continue to work with the Palm Springs Desert Resorts Convention and Visitor's Authority on key co-op opportunities, such as the California Visitor's Guide and the spot marketing campaign (which targets the Seattle, Portland, San Francisco, and Chicago markets). • New Marketing Logo & Banner Design. Modify the 251h anniversary logo - so the artwork no longer reads "25" but incorporates "City of" La Quinta - for use in advertising and promotional materials only. (This new logo is not intended to replace the City seal, which would continue to be used on all official City documents.) • Cooperative Marketing Program with La Quinta Hotels. Explore a cooperative marketing program to allow for a direct "call to action" in advertising geared towards visitors in which people can actually be informed on where to book their stay in La Quinta. Research and define the program for possible implementation in 2007/2008; present to Council for consideration and approval. (Recommended by staff as a contingency item.) City Communications Public Relations. Issue press releases on key La Quinta issues and announcements, while being proactive with the media to garner positive coverage. • La Quinta City Report. Continue producing and distributing La Quinta City Report (quarterly newsletter). • City Calendar. Continue to produce a calendar "gift" for residents, which also serves as a public communications tool. Community Services & Events • Event & Facility Public Relations. Use public relations to promote key City events, activities and facilities, specifically in support of a new "healthy living" campaign. • Community Services Materials. Create support materials for Community Services activities, e.g., promotional templates for trips, classes, luncheons, and other special events. • La Quinta Activities Guide. Continue to promote community services events and programs through production of a community recreation brochure (three times per year). • Community Concerts/Movies in the Park. Promote key events like Community Concerts and Movies in the Park via local advertising, while also encouraging event attendees to "shop, dine, and play" La Quinta. The intent of this approach is to use the concert or movie as a "hook" then add a message and images which support the local business community. SilverRock Resort - Golf Operations • Advertising and Promotions. Target La Quinta residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California media via local newspaper, golf and travel magazines, regional directories, local television, area radio, and a rotating local billboard. • Collateral Materials. Produce and distribute rack cards, scorecards and information packets on the golf experience at SilverRock Resort. An emphasis will be placed on the Arnold Palmer Classic Course's participation in the Bob Hope Chrysler Classic. • Community Networking and Trade Shows. Continue to develop strong relationships with community organizations such as the La Quinta Chamber of Commerce. Target trade shows focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. • Internet and E-mail Marketing. Seek out opportunities to have the SilverRock Resort website link on other organizations' websites such as the CVA, local Chambers of Commerce, and wedding associations. Collect e-mail addresses to send blasts promoting golf at SilverRock Resort and/or to offer specials during slower times of the year. A few items described above are worth a broader explanation. Some of the recommendations were incorporated in response to Council's discussion regarding a better "call to action" in advertising and a desire to continue to support La Quinta's local business community. In conjunction with the "Online Marketing" item, staff will be working on a better "call to action" by making hotel, shop, restaurant, and "things to do" information more accessible to users/viewers that respond to City advertising. Staff will be working with the Chamber (given the Chamber manages the City's Visitor Center and has visitor information on its website) and/or augmenting the "Visitor" section of the City's website. In addition to accomplishing a stronger "call to action," providing better hotel and business information will also support local businesses. Another marketing effort being proposed to support local businesses involves "Community Concerts/Movies in the Park" advertising. The idea here is to advertise concerts and movies (which will serve as the "hook") and, in the same advertisement, promote La Quinta as a great place to shop, dine, and play. On a final note regarding marketing items, staff is recommending that Council consider establishing a marketing contingency for the "Cooperative Marketing Program with La Quinta Hotels" in the range of $1O0,000 to $200,O00. Staff is recommending this program be considered after more research is conducted and the program is better defined; and if adequate funds are available in the Fiscal Year 2007/2008 Budget. To give Council a sense of the fiscal impact of the Plan being proposed, staff has prepared a "Budget Estimates at a Glance" document (Attachment 2), which outlines the marketing components and their corresponding programs. Each component has a corresponding cost amount and, as mentioned earlier, the total cost for implementing the Plan is $642,469 (not including contingency funds for the hotel co-op program). Staff endeavored to stay consistent with Fiscal Year 2006/2007 budget parameters ($750,000 plus a contingency of $242,800), while taking into account the additional funds allocated for 251h Anniversary activities. The only marketing item staff removed from the original marketing ideas presented by Kiner Communications on April 17, was radio in the Los Angeles area. Together, television and radio became a significant cost item, and staff is recommending only television. Staff is seeking Council action as it relates to approving a City Marketing Plan for Fiscal Year 2007/2008. Council will have the opportunity to consider the financial implications of this Plan's implementation via the normal budget process and professional services agreements. Representatives from Landmark, the CVA, the Chamber, and Kiner have been advised that the City's Marketing Plan is on this agenda for consideration. Staff anticipates these representatives will be in attendance to answer any questions Council may have. Additionally, in fulfilling various items under the Economic Development & Tourism/Hospitality, City Communications, and Community Services & Events components, staff would like direction from Council on whether staff should renegotiate a contract with Kiner Communications or solicit competitive proposals for professional marketing services.' i The City's Municipal Code allows exemption by the City Council from competitive proposal solicitation "where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." Alternatively, consistent with specific procedures prescribed by the Council regarding contracts for major services, i.e., with an estimated value of twenty-five thousand dollars or greater, the Council may wish to consider solicitation of competitive proposals and a formal selection process. The last time the City solicited proposals from qualified marketing firms for implementation of the City's marketing plan was in the spring of 2002. In summary, staff is seeking Council direction on: 1) adoption of a City of La Quinta Marketing Plan for Fiscal Year 2007/2008, and 2) provision of professional marketing services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a City of La Quinta Marketing Plan for Fiscal Year 2007/2008, and give staff direction regarding professional marketing services; or 2. Approve a City of La Quinta Marketing Plan for Fiscal Year 2007/2008 with changes, and give staff direction regarding professional marketing services; or 3. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2007/2008; or 4. Provide staff with alternative direction. Respectfully submitted, Ma �Casillas, Ma Bement Ai alyst Approved for submission by: ` Thomas P. Genovese, City Manager Attachments: 1. Proposed City of La Quinta Marketing Plan for Fiscal Year 2007/2008 2. Budget Estimates at a Glance Attachment 1 0 I, a 19, CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2007/2008 1. OBJECTIVE: Continue enhancing economic development by marketing existing opportunities for business growth in La Quinta while promoting development accomplishments in the City. Trade Conferences — Maintain a presence at the International Council of Shopping Centers (ICSC) - Western Division Conference & Deal Making (in San Diego) with an ad in the program guide and booth space to communicate business opportunities in La Quinta. Continue participation in BizNet, which is a trade show and symposium hosted locally by the La Quinta, Indio, and Coachella Chambers of Commerce. Palm Springs Life — Continue to produce an advertorial in the October Palm Springs Life Progress issue, communicating economic development opportunities in La Quinta as well as introducing new businesses and other progress updates. 2. OBJECTIVE. Increase the number of visitors to La Quinta that stay in La Quinta hotels, shop/dine in La Quinta, and play at the Arnold Palmer Classic Course at SilverRock by positioning La Quinta as "the" premier destination in Southern California for world -class golfing, shopping, dining and exquisite options in hospitality accommodations. Television Advertising — Continue to run TV spots produced in Fiscal Year 2006/07, which portray the best of what La Quinta has to offer in an enticing, energetic format. Expand TV broadcast to the San Diego market, and continue to broadcast in the 3.4 million household markets of L.A./Orange County. Fam/Media Tour — Select four to five writers/editors and bring them to La Quinta for a Media Tour. Partner with SilverRock, local hospitality partners, shops, and restaurants to provide the visiting media with the best possible experience in La Quinta. Work towards garnering feature coverage in key TV/print mediums, building long-term relationships with high profile reporters, and being pro -active in securing follow up stories. . W,R , 2 V V Online Marketing — Engage in a monthly online marketing program to ensure the City's website is showcased on the most common search engines when travel -related searches for the Coachella Valley area occur — positioning La Quinta as the premier destination for golfing, shopping, dining and hospitality. Enhance the "call to action" (i.e., direct people to a listing of La Quinta hotels, shops, restaurants, and things to do) by working with the La Quinta Chamber of Commerce (via its website) and/or by augmenting the "Visitor" section of the City's website. CVA Co-ops — Continue working with the Palm Springs Desert Resorts Convention & Visitor's Authority on key co-op opportunities, such as the California Visitor's Guide and spot marketing campaign. New Logo for Marketing — Modify the 25th anniversary logo so that the artwork no longer reads "25&' but incorporates "City of" La Quinta for use in advertising and promotional materials only. Cooperative Marketing Program with La Quinta Hotels — Explore a cooperative marketing program to allow for a direct "call to action" in advertising geared towards visitors — where people can actually be informed on where to book their stay in La Quinta. Research to include: gauging interest of La Quinta hotels, determining scope of promotional packages, establishing timing/frequency of advertising, exploring advertising opportunities (e.g., magazine, newspaper, radio), identifying suitable markets, and pursuing other research efforts to define program for possible implementation in 2007/08. Program to be presented to the City Council for consideration and approval. 1. OBJECTIVE: Promote awareness of La Quinta progress throughout the Coachella Valley. Public Relations — Issue press releases on key La Quinta issues and announcements, while being proactive with the media to garner coverage. Z OBJECTIVE: Ensure residents are well-informed on City news and updates through City communications. • La Quinta City Report — Continue producing and distributing La Quinta City Report (quarterly newsletter). City Calendar — Continue to produce a calendar "gift" for residents, which also serves as a public communications tool. J" ; z Community Services & Events 1. OBJECTIVE: Promote La Quinta amenities such as recreation opportunities, programs, classes, and special events while embarking on a new "healthy living" campaign. Event & Facility Public Relations — Use public relations to promote key City events, activities and facilities, specifically in support of a new "healthy living" campaign. Community Services Materials — Create support materials for Community Services activities, e.g., promotional templates for trips, classes, luncheons, and other special events. La Quinta Activities Guide — Continue to promote community services events and programs through production of a community recreation brochure (three times per year). Community Concerts/Movies in the Park — Promote key events like Community Concerts and Movies in the Park via local advertising, while also encouraging event attendees to "shop, dine, and play" La Quinta while they are here. The intent of this approach is to use the concert or movie as a "hook" then add a message and images which support the local ry business community ("While you're here... shop, eat, play in La Quinta!"). h s+ffi;,d,asw....w...o-= 4-4 r-a 1. OBJECTIVE: To expand brand awareness for SilverRock Resort, as well as promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. Advertising and Promotions — Target La Quinta residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California media — ^^�a + including local newspaper, golf and.travel magazines, regional directories, local television, area radio, and a rotating local billboard. • Collateral Materials — Produce and distribute rack cards, scorecards and information I packets on the golf experience at SilverRock Resort. An emphasis will be placed upon SilverRock's participation in the Bob Hope Chrysler Classic. • Community Networking and Trade Shows — Continue developing strong relationships with community organizations such as the La Quinta Chamber of Commerce. Target trade shows focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. 4 •Internet and E-mail Marketing —Seek out cross -marketing opportunities through web links to SilverRock Resort. Collect e-mail addresses to send blasts promoting golf at e SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. MANAGED BY LM Economic Development Community Services ( j SilverRock Resort Operations 291 Attachment 2 CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2007/2008 BUDGET ESTIMATES AT A GLANCE ECONOMIC DEVELOPMENT & TOURISM/HOSPITALITY $179,500 - BizNet & ICSC (registration, program guide ad)* - Palm Springs Life (advertorial in October progress issue)* - Television (Southern California drive in market)* - Fam/Media Tour (travel, materials, lunch, activities, fam coordination)* - Online Marketing (including enhancement of "call to action" via City's website or using Chamber's website)* - CVA Co-ops (spot marketing, California Visitor's Guide, California Magazine Insert) - New Marketing Logo & Banner Design (for marketing and promotional purposes only)* ECONOMIC DEVELOPMENT & TOURISM/HOSPITALITY MARKETING CONTINGENCY $100,0004200,000 - Cooperative Marketing Program with La Quinta Hotels (Southern California market —explore, research and define for possible implementation in 2007/08)* CITY COMMUNICATIONS $144,000 - Public Relations (issuing press releases and being proactive in regards to media coverage of La Quinta special events and important news via marketing firm retainer)* - La Quinta City Report (quarterly newsletter)* - City Calendar (2008 "Great Outdoors" theme)* • .k, 2 9 COMMUNITY SERVICES & EVENTS $66,500 Event & Facility Public Relations (promote events, activities, and facilities; launch new campaign with "healthy living" theme via marketing firm retainer) - Community Services Materials (create support material for events and activities; design templates for promotion of trips, classes, luncheons, and other special events)* - La Quinta Activities Guide (recreation brochure/3x per year) Community Concerts/Movies in the Park (promote concerts and movies incorporating a "shop, dine, and play La Quinta" message in advertising and promotions)* SILVERROCK RESORT — GOLF OPERATIONS $252,469 - Advertising & Promotions (local newspaper, golf and travel magazines, regional directories, local television, area radio, and rotating local billboard) - Collateral Materials (rack cards, scorecards, and information packets with focus on the participation in the Bob Hope Chrysler Classic) - Civic & Community Networking/Tradeshows (work with local Service organizations such as the La Quinta Chamber of Commerce; participate in trade shows and expos locally and throughout Southern California) GRAND TOTAL * Total Professional Firm Items * Total Professional Firm Items (including hotel co-op contingency) $642,469 $ 277,000 $377,000 - $477,000 ., 2 9 COUNCIL/RDA MEETING DATE: Mav 15, 2007 ITEM TITLE: Consideration of the Community Services Master Plan Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Community Services Master Plan Update (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta's first Park and Recreation Master Plan was completed in April 1993, and is available for review in the City Clerk's office. The City Council approved a Professional Services Agreement with Greenplay LLC on June 6, 2006 to update the City's Community Services Master Plan. On March 12, 2007, this plan was approved by the Community Services Commission to proceed to the City Council for consideration. The consulting firm has been working with the community and staff and is near completion. The update includes a demographic profile, information on trends and trends analysis, feedback from community and stakeholder meetings from more than 200 residents, and community -wide statistically valid survey with citizen responses that have been geo-coded by area and subject matter. These maps are useful in explaining how respondents answered from different areas of the city on a wide variety of topics. cv_ 2 5 The Master Plan Update also included an inventory of all the parks, facilities, programs, and services in the City. A benchmarking study was also completed that compared the City to others in the Coachella Valley regarding number of parks, trails, and recreation facilities. In addition to the methods identified above, this plan integrates the Geo-Referenced Amenities Standards Program (GRASP). This analysis is used to measure current and future Levels of Service (LOS) and to evaluate facilities based on location, accessibility, usefulness, quality, and the characteristics of the amenities. This method provides more qualitative measurements to the plan. The traditional NRPA standards look at capacity and quantity of amenities per population. Maps are included in the plan to identify current LOS and where the City might consider capital improvements. The adoption of this Plan is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. under CEQA Guideline 15262. That Guideline exempts planning studies for possible future action, since the possible future action (e.g. parkland acquisition and development) is not being approved as part of the action to adopt this Plan. This Plan is not intended to be legally binding on the future actions of the Planning Commission or the City Council, but rather as a guide to formulate potential future actions which will be assessed pursuant to the City's normal processing requirements, including CEQA review. The adoption of this Plan is not intended to commit the City to any definite course of action in regards to the acquisition or development of parkland and recreational amenities. Karon Badalamenti, Principal from Greenplay LLC, will be presenting the Community Services Master Plan Update. The recommendations are listed in the Executive Summary (Attachment 2) portion of the report and are not listed in priority order. Recommendations included are: Community Connectivity • Implement the Trail System Plan • Coordinate the public transportation with the community services access Maintain Level of Service as Population Grows Maintain the Level of Service throughout the park system Level of Service Improvements • Special Facility Feasibility Study -Open Space Park along the Whitewater Channel in North La Quinta • Special Feasibility Study Open Space Park along drainage ways • Special Feasibility Study and Land Acquisition - New Sports Complex • Site Master Plan for the Village Area for increased walkability • Open Space and Natural Facilities plan • Add lighting to the Colonel Paige Middle School fields • Reconfigure or repurpose the La Quinta baseball fields • Add Fitness and Wellness Program Space 2 Increase the amount of land per capita Land Dedication and Impact Fee Study Revisions • Review Land Dedication and Impact Fee Requirements Best Management Practices • Review and examine Policies • Tracking Labor and Equipment Use for Parks and Athletic Field Maintenance Tasks • Encourage, Enhance and Maximize Relationships and Partnership Opportunities • Establish Life Cycle costs for park and facility equipment replacement • Implement a 5-year Master Planning Schedule as well as Annual Updates to the Plan • Pursue grant opportunities and potentially establish a 501 ( C ) 3 Park and Recreation Foundation for such purposes • Institute volunteer opportunities • Continued review of park maintenance privatization • Increase marketing efforts • Design and renovate with Crime Prevention Through Environmental Design (CPTED) Principles FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Community Services Master Plan Update; or 2. Do not approve the Community Services Master Plan Update; or 3. Provide staff with alternative direction. jieRSoo"4n,,' fuly submitted, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Master Plan Update (for City Council only) 2. Executive Summary "U' 29- 3 The ,The Ci Plan v prc opi vis • sur • prc inv ser i res of: nei rec de, act • ide acc prc i exi Finding, processi publi • stakr a stz hom resid Influ • arl •; a coa facili proG • SWC •' GRAI Se v II � •i To i I I imn and • TO I me( stuc La Quinta, California Community Services Master Plan ,. Executive �Sumrriairy r III Recommendlations and A'ction.Pllans' ;I 'May 2007 )mplete Master PI rn ,ouirr en', is available from the City of La Qriinta ac ww,i La Qrnnta org 1 of, La Quinta Community Services Master General Themes for Improvement: s created to: • Community Connectivity ; Ie both la vision for parks, recreation, trails and Maintain Current LOS as Population Grows space,'and an action, planfor implementing this Improve Level of Service (, Review Dieveloil Impact Fee i l y the needs of residents Incorporate Best Management Practices Je a comprehensive review of the existing tort' of land, recreation facilities, programs, Key Componentsa ' :eslandopportunities i The following were identified as the most important for ; anddevelop recommendations for all aspects consideratio y's recreational service area including staffing • Trails"a )eration and maintenance funding needs, and Capital ial programming needs • Contim astrategic et of goals, objectives, and • Feasibi x the next five years Land Pr and needs for future parks;and open space ` n Understam cap ital improvement schedule; andlreview of The Find inance strategies January 200 identified the ecommendations to fund improvements •I To plan to 'I f vithml the next Syears: Connectivity nprovements Plan Enhancement through Partnerships ir Studies and Site Planning :hales, Dedications &Impact Fees ig the Priorities: andlAnalysis Compilatiowcompleted in ccess to parks, trans, open space, recreation facilities and alysis were compiled through a•detailed w programs and the ,. Is and focus groups current level of e L service for thCity of eetings and staff input i ralid survey'•sent randomly to 1';750 La uinta , Jity and a separate survey to over 300 businesses from the City's Sphere of nographes;and trends ,entory of all parks, open space,' -ams, services, partners and alternativeit sis of current and future Levels of. parks, facilities and their components (� a recommendations: focus areas for improvement for the 1 Strive towards a goal of available recreation are, short term goals within 1 2 years, services, and parks vvith key componentsjtha, are I 11 goals within the nextd5 years walkable (within 1./3 mile 10 minutes). flinimum key - components consist of two passive amenities or features xities and costs and funding r improvements, expansions, further I � . like an open turf area; public art, ,community rooms, museums, library or shelter, two active an`ienities like;a �l iceptual capital projects' late this master plan every 5 years' sports held; playground, golf course, tennis�or basketball courts, dog parks, and connectivity to other parts o(the j City of La Quinta, a recreation trail system or loop: .La Quinta,jCa1ifornia Community Servictjjj,es Master Plane . Executive �� Sumrriary Recommendletions� and Action Plans',' i May 2007 "I I I #1— om Co muni Connectivity IIIL ty y ��,� Considerations for All Recommendation's: • Imp,ement Trail S stem Plan 11 V Coordinate public transportation and school bus routes with parks,! recreation and ": community services, facilities and programs I II#2 — Maintain CUrrent'LOS as Population Grows , through the Park System it #3 - Improve LOS Improvements • Speciallfadlity feasibility study,- open space park along the whltewater channel in North La QUi'nta •Special facility feasibility study-: open space 'and park along the drainage way • Special Ifaci,ity feasibility study and land a q°uisition new sports complex •: site master plan for the Old Town Corridor - open space and natural facilities plan •, Add (lighting at Colonel Paige Middle School i fields j I ,. , Recommendations �' � Implcinintatioii Impnitsr.-� _' #1 Convnunih, ' Connectivity r 5tatt time and bid IBD . #2 MaintainICunmit tatt time, annual allocations ;I L05 as the I opulati6li prr year for development Grows pn�jecLs 7 BD Duct ne>t4 gears plus land costs taft time onetime costs for planning and study #3 ImproveiLpS documuits, annual allocations per year for . .; developments projects'CBD plus laird costs #4- Impact Pee`Revicw tafftime''. �taff time, computer costs #5 - Best Management fBD;; allocations to update . practices Master plan; staffingcosts ` CI3D; construction costs TBD •I Re -configure or re -purpose theta Quinta Park. ball 'fteld •I Add fitness and'wellness program space Open Space Parka long the Whitewater Channel — Oasis ' •Increase the amount of land per capita I' a , ] 1 ( t'l #4 — Impact Fee Review (review land dedication 1, a uI i and impact fee requirements)i v Y #5'— Best Management � • i � Practices � � i —a' S ��V`1 l`•4M� yam. " • Reviewiancl Trait labor establish policies and 1 • 1 andIathleticfteld hours equipment use for park maintenance tasks - "a / �a sar �a 5ta�, � •'Encourage, . enhance and maximize�m ,Xv1 � r' relationships and'partnership opportunities • Establish life cycle costing assessmentsi�. t` •,Implement a 5-year master planning schedule witblannuallupdates Establish a 501 (c) 3 Community Services foundation, r `rhe eU • Pursue grant opportunities adoption of(hs F/an Is exempt rem the Calforna fin onmental Quality Art (cEQA)PnbhCResa,r�esc�ae�tonu000etsegnnd cE2nGedee,e152e2. �s •'InstltUte.VOlUnteer OppiOrtUnitle5 Thar Gu dis" exempts penning stu'esterpossible 6idee action, since the possible future actin Ihe.g pan1andacgm's¢ion and development)isnot bang appmved as ' • Con tlnue reV1eW Of park ma mten_anCe �', part o/[he actionto adopt Wis Plan IT Plant, nofintendon' to be legatly binding o, [ne future ache ,s o/the Tanning Corn'. or the city conned, but rather as a. privatization 1 s • Increase marketing, efforts �, mid,- ro fo,.,,, to poteneal hRu2 actions t rich rill to assessed pursuant to rhe Citys no malproces ng regmre,nents includ ig CCQA re rev The adoption of this Plan rs not Intended to • Design and renovate with CPTED principles' t commit the City to any deflmte cot se ofacHgn,n regards to acgprsiron pr de amp vent pt d,lkndandr e,hpnal amenroes. Twy� 4 4 a" COUNCIL/RDA MEETING DATE: May 1, 2007 ITEM TITLE: Consideration of an Ordinance Implementing AB 2987 - State Video Franchise Fees, Customer Service, and Other Video -Related Matters RECOMMENDATION: Motion to take up Ordinance No reading. Motion to introduce Ordinance No FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive further on first reading. Adoption of this ordinance will ensure the City collects Franchise Fees (5% of the video provider's gross revenues generated within the City of La Quinta), and "PEG" (public, educational, and government) Fees (1 % of the video provider's gross revenues generated within the City of La Quintal from State video franchisees (e.g., Verizon and AT&T). Franchise Fees may be utilized for general fund purposes, and PEG fees must be used for PEG -related purposes, consistent with federal and state law, and are treated as a segregated fund with use restrictions. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AB 2987, the "Digital Infrastructure and Video Competition Act", authorizes the California Public Utilities Commission to issue statewide franchises to communications companies wishing to enter the video business. A statewide franchise was recently awarded to Verizon, who intends to offer cable television services in various areas throughout the State within the next thirty to sixty days. It is unknown exactly when they will be offering video services in the City of La Quinta. AT & T is also expected to apply for a statewide franchise in the near future. AB 2987 provides forjoint State and local oversight of video service providers. While the City will no longer issue the video franchise, the City will still oversee required environmental reviews, manage access to local right-of-ways, and enforce customer service standards. A summary of AB 2987 is provided as Attachment 1. Attachment 2 is a letterfrom William Marticorena of Rutan & Tucker; Mr. Marticorena is the City's special counsel for telecommunications issues. Per Mr. Marticorena, the City must adopt the attached ordinance to ensure collection of Franchise and PEG fees. The City currently does not collect PEG fees under its Franchise Agreement with Time Warner Cable, so this will be a new source of revenue. Use of PEG fees is limited by federal and State law, but essentially can be used for broadcasting and/or webcasting of City Council meetings, educational programs, public safety programs, local interest programs, civic events, etc. Staff will work with City Special Counsel to further define potential uses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an ordinance implementing AB 2987 ; or 2. Do not approve an ordinance implementing AB 2987; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. Summary of AB 2987 2. Letter from William Marticorena of Rutan & Tucker ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IMPLEMENTING AB 2987 RELATED TO VIDEO FRANCHISE FEES, CUSTOMER SERVICE AND OTHER VIDEO -RELATED MATTERS. Article I. Video Franchise Fees, Customer Service and Other Video - Related Matters. Section 1.00 Regulation of State Video Franchises and City Video Franchises. Under State law effective January 1, 2007, the California Public Utilities Commission ("PUC") will have the authority to grant state video franchises ("State Franchises"). The City of La Quinta (the "City") will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for Public, Educational and Government ("PEG") purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. Section 1.01 State Video Franchise Fees. (a) Any state video franchise holder ("State Franchisee") operating within the boundaries of the City of La Quinta shall pay a fee to the City equal to five percent (5%) of the Gross Revenue of that State Franchisee. (b) Any State Franchisee operating within the boundaries of the City of La Quinta shall pay an additional fee to the City equal to one percent (1 %) of the Gross Revenue of that State Franchisee, which fee shall be used by the City for PEG purposes consistent with state and federal law. (c) Gross Revenue, for the purposes of (a) and (b) above, shall have the definition set forth in California Public Utilities Code § 5860. Section 1.02 Audit Authority. Not more than once annually, the City may examine and perform an audit of the business records of a State Franchisee to ensure compliance with Section 1.01. Section 1.03 Customer Service Penalties Under State Franchises. .n 3p: Ordinance No. (description/Municipal Code Section) "Adopted: May 15, 2007 Page 2 (a) The holder of a State Franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. (b) The City Manager, or his/her designee, shall monitor the compliance of State Franchisee(s) with respect to state and federal customer service and protection standards. The City Manager, or his/her designee, shall provide the State Franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the State Franchisee(s) thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period shall be subject to the following penalties by the City Manager, or his/her designee. (i1 For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1500.00 for each violation. (ii) For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation. (c) A State Franchisee may appeal a penalty assessed to the City Council within sixty (60) days. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final. Section 1.04 City Response to State Franchise Applications. (a) Applicants for State Franchises within the boundaries of the City of La Quinta must concurrently provide complete copies to the City of any application or amendments to applications filed with the PUC. One complete copy must be provided to the City Clerk, and one complete copy to the City Manager. (b) The City Manager shall provide any appropriate comments to the PUC regarding an application or an amendment to an application for a State Franchise. SECTION (enter correct number). EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION (enter correct number). POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of Ordinance No. (description/Municipal Code Section) *Adopted: May 15, 2007 Page 3 the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this fifteenth day of May, 2007, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 30� rU%- Launcnes New State Video Franchise Program: Consumers To Bene California Home CPUC Home ATTACHMENT1 M FOR IMMEDIATE RELEASE Docket #: R.06-10-005 Media Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov PUC LAUNCHES NEW STATE VIDEO FRANCHISE PROGRAM: CONSUMERS TO BENEFIT WITH MORE CHOICES FOR VIDEO SERVICE SAN FRANCISCO, March 1, 2007 - Today the California Public Utilities Commission (PUC) issued an order creating a new state video franchise program. This program, which implements the Digital Infrastructure and Video Competition Act (AB 2987), will spur the entry of communications companies into the rapidly expanding data and video markets. According to PUC President Michael R. Peevey, "Consumers will reap the benefits of increased competition in the video market. I expect we will see greater diversity in video pricing, service options, and programming." The PUC's decision allows video service providers to seek one video franchise for operating in multiple regions. Under the terms of AB 2987, the PUC must determine whether a franchise application is complete within 30 days of its submission, and the PUC must issue a state video franchise within 14 days of a finding of completeness. Previously a video service provider had to seek permission from a government entity in each locality where it sought to offer service. "Today starts a new era, as we allow companies to bring advanced video services to all Californians through a single state video franchise," declared PUC Commissioner Rachelle Chong. "The PUC will be a vigilant watchdog in ensuring that this critical upgrade to the state's communication infrastructure reaches consumers of all income levels." The PUC's decision specifies a wide range of sanctions that will apply to state video franchise holders that discriminate in offering video service. AB 2987 prohibits a video service provider from denying access based on a subscriber's income. Also it requires communications companies with more than 1 million telephone customers to meet specified deadlines when rolling out video service to their telephone customers. To ensure AB 2987 lives up to its title, the PUC also adopts wide-ranging reporting requirements to assess digital infrastructure deployment and video competition in the state. The PUC will receive census tract data on households that have access and/or subscribe to broadband services and video services. The PUC will use these data to produce public reports regarding deployment and use of advanced communication services. The PUC will partner with local entities in joint oversight of state video franchise holders. While they no longer will issue new video franchises, local entities continue to play an important role in regulating video service providers. AB 2987 makes local entities responsible for consumer protection; environmental reviews; initiation of complaints concerning antidiscrimination obligations; oversight of public, educational, and governmental access channels; management of local rights -of -way; and enforcement of Emergency Alert System standards. The PUC's video franchising decision is available at hftp://www.cpuc.ca.gov/PUBLISHED/AGENDA DECISION/65063.htm. For more information on the PUC, please visit www.cpuc.ca.gov. EM Tap W P.aga i 3 0- http://www.cpuc.ca.gov/PUBLISHED/NEWS—RELEASE/65083.htm 4/25/2007 .. 3 p April 12, 2007 Debbie Powell City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ATTACHMENT 2 Re: City of La Quinta, California (the "City"); Adoption of Ordinance Implementing AB 2987 Dear Debbie: Please find enclosed an ordinance which implements AB 2987, the new state video franchising statute which became effective January 1, 2007. As you probably know, AB 2987 authorizes the California Public Utilities Commission (the "CPUC") to issue statewide franchises to, among others, telephone companies wishing to enter the video business. A statewide franchise has already been issued to Verizon and, in all probability, will soon be issued to AT&T as well. It is my understanding that some communities have already received written notices from Verizon that it intends to provide cable television service within the next thirty to sixty days. Equivalent notifications from AT&T may soon be forthcoming. Much of AB 2987 is self implementing. However, in order to ensure collection of the five percent (5%) Franchise Fee, the one percent (1%) PEG Fee, and to enforce the state - mandated customer service standards, local government must undertake certain formal adoptions pursuant to the statute. Although some of these requirements can be implemented by resolution and others by ordinance, I have chosen to include all of the implementation measures in a single ordinance for ease of adoption. One of the most important provisions of the proposed ordinance is the imposition of a one percent (1%) PEG Fee which can be collected in addition to the five percent (5%) Franchise Fee. AB 2987 has not changed existing law which allows the entirety of the Franchise Fee to be utilized for general fund purposes. However, the one percent (1%) PEG Fee can only be utilized for PEG -related purposes in a manner consistent with federal and state law and should be treated as a segregated fund with use restrictions. Upon the effective date of the Ordinance, the statewide franchisee will be required to collect the one percent (1%) PEG Fee in addition to the five percent (5%) Franchise Fee, and may, and probably will, list it as a line item upon the subscriber's bill. Unless the City Council adopts an ordinance imposing the one percent (1%) PEG Fee, it will not be collected by the statewide franchisee. In communities which already 30. Rutan & Tuchor, Lt_P 611 Anton Blvd, S,ute 1400, Costa Mesa, CA 92626 PC Box 1950, Costa Mesa, CA 92628-1950 1 714-641-5100 1 Fix 714-546-9035 1241015610-0004 s Debbie Powell April 12, 2007 Page 2 impose PEG Fees in excess of one percent (1 %), those cities are entitled to impose a higher PEG Fee upon a statewide franchisee up to a maximum of three percent (3%) of gross revenues. It is my recommendation that the proposed ordinance be agendized for adoption as soon as possible. If you have any questions, do not hesitate to contact me. WMM:vb Enclosure Sincerely, RUTAN & TUCKER, LLP William M. Marticorena 124/015610-0004 801162 01 .04/02/07 Tjhf 4 4 a" COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE: Consideration of an Ordinance to Comply with Senate Bill 53 Stating that the La Quinta Redevelopment Agency Does Not Have Authority to Acquire Real Property by Eminent Domain RECOMMENDATION: Motion to take up Ordinance No reading. Motion to introduce Ordinance No FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive further on first reading. In 2006, the State Legislature adopted, and the Governor signed into law, Senate Bill 53 which requires every city and county with a redevelopment agency to adopt an ordinance by July 31, 2007 that describes the redevelopment agency's "program to acquire real property by eminent domain." Senate Bill 53 was part of the package of "eminent domain reform bills" that were enacted in response to the United States Supreme Court decision in the Kelo case and to the then -pending Proposition 90 (which was later defeated by the voters in the November 2006 election)• The proposed Ordinance complies with SB 53 and does not change or affect any existing requirement on the Agency, or any provision of law to which the Agency must adhere. Rather, the proposed Ordinance merely restates what is in the Redevelopment Plans for Project Area No. 1 and Project Area No. 2 and in existing law; specifically, that the Agency's authority to use eminent domain has expired with respect to both Project Area No. 1 and Project Area No.2, and to reauthorize the use of eminent of domain in either or both of the Redevelopment Plans would require an amendment to those respective Redevelopment Plans except as may otherwise be authorized by state law. The City Attorney's Office prepared the Ordinance and recommends it adoption. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an ordinance complying with Senate Bill 53; or 2. Do not approve an ordinance complying with Senate Bill 53; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager 310 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO COMPLY WITH REQUIREMENTS OF SENATE BILL 53, CHAPTER 591 OF STATUTES OF 2006, AS CODIFIED IN CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Declaration of Purpose. (a) The La Quinta Redevelopment Agency (the "Agency") is organized and existing under the California Community Redevelopment Law which is codified at Health and Safety Code Section 33000 et seq. (the "CRL"). V By adoption of Ordinance No. 43 on November 29, 1983, the City Council adopted the Redevelopment Plan for La Quinta Redevelopment Project No. 1 ("Project Area No. 1 "), which redevelopment plan was thereafter amended by Ordinance No. 258 on December 20, 1994, by Ordinance No. 264 on March 21, 1995, by Ordinance No. 388 on August 19, 2003, and by Ordinance No. 402 on March 16, 2004 (all of the foregoing, collectively, the "Project Area No. 1 Redevelopment Plan"). (c) By adoption of Ordinance No. 139 on May 16, 1989, the City Council adopted the Redevelopment Plan for La Quinta Redevelopment Project No. 2 ("Project Area No. 2"), which redevelopment plan was thereafter amended by Ordinance No. 259 on December 20, 1994, by Ordinance No. 399 on February 3, 2004, by Ordinance No. 403 on March 16, 2004, and by Ordinance No. 404 on March 16, 2004 (all of the foregoing, collectively, the "Project Area No. 2 Redevelopment Plan"). (d) Pursuant to the terms of the Project Area No. 1 Redevelopment Plan, the Agency's authority to initiate proceedings to acquire real property, with respect to Project Area No. 1, by the exercise of the power of eminent domain expired on or about March 21, 2007, and thus the Agency is not currently authorized to acquire real property with respect to Project Area No. 1 by the exercise of the power of eminent domain. (e) Pursuant to the terms of the Project Area No. 2 Redevelopment Plan, the Agency's authority to initiate proceedings to acquire real property, with respect to Project Area No. 2, by the exercise of the power of eminent domain expired on or about May 16, 2001, and thus the Agency is not currently authorized to acquire real property with respect to Project Area No. 2 by the exercise of the power of eminent domain. 394/015610-0042 806563.01 a05108/07 (f) Although the Agency is not currently authorized to exercise the power of eminent domain to acquire real property with respect to either Project Area No. 1 or Project Area No. 2, by enactment of Senate Bill 53 (Stats.2006, Ch. 591) the CRL was amended to add Health and Safety Code Section 33342.7 to require that communities with redevelopment plans adopted prior to January 1, 2007 must adopt an ordinance, prior to July 1, 2007, that contains a description of the redevelopment agency's program to acquire real property by eminent domain. It is the purpose and intent of the City Council by the adoption of this Ordinance to comply with Senate Bill 53 by describing that the Agency currently does not have a program to acquire real property by eminent domain because neither the Project Area No. 1 Redevelopment Plan nor the Project Area No. 2 Redevelopment Plan currently authorizes the Agency to acquire real property by eminent domain. SECTION 2. The La Quinta Redevelopment Agency Does Not Currently Have A Program to Acquire Real Property By Eminent Domain. (a) The Agency currently does not have in either its Project Area No. 1 Redevelopment Plan or its Project Area No. 2 Redevelopment Plan the authority to acquire real property by the use the power of eminent domain and therefore the Agency does not currently have any program to acquire real property by eminent domain. The foregoing limitation on the Agency's authority with respect to Project Area No. 1 may be changed only by amending the Project Area No. 1 Redevelopment Plan pursuant to the CRL unless otherwise provided by the CRL or other applicable law or regulation. The foregoing limitation on the Agency's authority with respect to Project Area No. 2 may be changed only by amending the Project Area No. 2 Redevelopment Plan pursuant to the CRL unless otherwise provided by the CRL or other applicable law or regulation. (b) Nothing in this Ordinance is intended to, or shall, act to limit or extend the authority of the Agency or the City as may be provided in either the Project Area No. 1 Redevelopment Plan or the Project Area No. 2 Redevelopment Plan or the CRL or other applicable law or regulation. Nothing in this Ordinance is intended to, or shall, act to limit the authority of the City Council, in compliance with the CRL or other applicable law or regulation, to amend, in the future, the Project Area No. 1 Redevelopment Plan and/or the Project Area No. 2 Redevelopment Plan to reinstitute the Agency's authority to acquire real property by the exercise of the power of eminent domain, if and to the extent authorized by the CRL or other applicable law or regulation. SECTION 3. Adoption of Ordinance Exempt from the California Environmental Quality Act. The City Council finds and determines that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3) [14 C.C.R. § 15061(b)(3)] which sets forth the rule that "CEQA" applies only to projects which have the potential for causing a significant effect on 394/015610.0042 n 312 806563.01 a05/08/07 the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." This Ordinance merely restates provisions set forth in applicable redevelopment plans and does not cause or implement any specific application or project. SECTION 4. Severability. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. Legal Construction. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. Ordinance Not To Be Codified. This Ordinance shall not be codified in the Municipal Code but shall be an uncodified ordinance. SECTION 7. Effectiveness. This Ordinance shall be effective thirty (30) days from and after the date of its passage. SECTION 8. Publication. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this _ day of , 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: 394/015610-0042 _ 806563 01 a05/08/07 _3 VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 394/015610-0042 _ 806563 01 a05/08/07 --4 �T a Q•� 04 cat T7h/ XPcu4 F --a�-"ter• ' �B5 E`N OF TN4'9 COUNCIL/RDA MEETING DATE: May 15, 2007 ITEM TITLE: Consideration of a Letter Regarding the State's Preferred Alternative Plan for the Salton Sea Restoration RECOMMENDATION: As deemed appropriate by Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: ►0M BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 101:I11COWElffl► rl Council Member Kirk requested Council consideration of this item at the May 1, 2007 Council meeting. On behalf of the California Resources Agency, the Department of Water Resources (DWR) and the Department of Fish and Game (DFG) are preparing a restoration plan for the Salton Sea ecosystem, and an accompanying Environmental Impact Report (EIR). As part of this effort, which is based on State legislation enacted in 2003 and 2004 (SB 277, SB 317, SB 654 and SB 1214), DWR and DFG are developing a Preferred Alternative for the restoration of the Salton Sea ecosystem and the protection of wildlife dependent on that ecosystem. The Salton Sea Ecosystem Restoration Plan, Programmatic Environmental Impact Report (EIR) and a proposed funding plan were expected to be completed in late April of 2007 and subsequently 31 submitted to the Legislature. Staff has been in contact with the California Resources Agency and as of May 11, 2007, the Preferred Alternative plan has not been submitted. Staff recently received letters from the Palm Springs Desert Resorts Convention and Visitors Authority, the Coachella Valley Association of Governments, and the Building Industry Association, providing a sample generic letter of support asking the Secretary for Resources to consider adopting the Salton Sea Authority's Plan as the Preferred Alternative. A letter of support was emailed to both the Governor and Secretary Chrisman on May 4, 2007 (Attachment 1). Subsequently, Council Member Kirk and staff have prepared for Council's consideration a much more comprehensive and detailed letter proposing specific changes to the State's Preferred Alternative (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Provide a letter of support proposing specific changes to the State's Preferred Alternative Plan; or 2. Do not provide a letter of support proposing specific changes to the State's Preferred Alternative Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. May 4, 2007 e-mail to the Governor and Secretary Chrisman 2. Letter of support proposing specific changes to the State's Preferred Alternative Plan _r•_, . 3 i ATTACHMENT 1 Wanda Wise -Latta From: Wanda Wise -Latta Sent: Friday, May 04, 2007 5:18 PM To: 'secretary@resources.ca.gov' Subject: Please support the Salton Sea Authority's Plan for the restoratin of the Salton Sea Dear Secretary Chrisman: The future health and economic well-being of the Coachella Valley's world -class tourism industry hinges on a single issue now before you: the clean-up and restoration of the Salton Sea. And that's why I'm urging you to adopt the restoration plan put forth by Salton Sea Authority (SSA). It makes good environmental and economic sense for the state of California. The Authority's project design — a plan that has already been endorsed by more than 50 different groups throughout Riverside and Imperial counties — not only addresses air and water quality mitigation issues, but also creates enhanced opportunities for recreation and eco-tourism. The two lakes proposed by the locally backed plan will attract millions of California recreational enthusiasts, many of whom now travel to Arizona for a similar experience. We can ill -afford to keep losing the jobs and revenues from those defections. The draft plan that is now under consideration, while incorporating some of the features proposed by the SSA, simply does not go far enough. Specifically, there is far too much exposed playa in the State's project design— nearly double the amount created by the locally backed plan. Fish and birds are already getting sick and dying at the Salton Sea. Once the 109,000 acres of lakebed in the State's plan become exposed, it will be people. Visitors and seasonal residents will leave in droves once the region becomes perceived as a public health threat. Billions of dollars in property values will plummet. This will dramatically shrink the tax base necessary to provide essential services to the region. Fortunately, The Salton Sea Authority's plan effectively mitigates these problems — and can be accomplished within the general budget outlined in the State's proposed plan. But, we need your support in order for that to happen. Please adopt the Salton Sea Authority plan as the Preferred Alternative for cleaning up California's largest lake. The sea's future — and ours — is in your hands. Sincerely, Don Adolph, Mayor City of La Quinta Y_, 3 ' ' 5/11 /2007 3i� J ATTACHMENT 2 May 11, 2007 Mike Chrisman, Secretary for Resources California Resources Agency 1490 Ninth Street, 131" Floor Sacramento, CA 95814 Dear Secretary Chrisman: The City of La Quinta is one of the closest communities to the Salton Sea. This year's nationally televised Skin's Golf Tournament was held just 6 miles from the Sea. A few months ago, the Council passed a resolution in support of the Salton Sea Authority's Plan as representing the best balance of wildlife habitat preservation, recreational and economic development and the protection of the public health. The City has watched with great interest as you have considered all of the technical and policy input since that time. We have also reviewed your draft proposed Preferred Alternative and wish to provide you with a clear understanding of what we collectively want to see included in the Preferred Altemative that you will recommend to the Legislature. There are many aspects of the draft proposed Preferred Alternative unveiled in Sacramento last month which we support. Unfortunately there are still a few aspects of the proposal that cause the City considerable concern. You have the authority to resolve them. Given time to review the proposal in detail, the City feels the draft proposed Preferred Alternative could be made acceptable with the following changes: • Utilize all of the water that is available in the Post-QSA scenario; not the 500,000 — 550.000 AFY that the current draft does. Reducing inflows increases potential air quality impacts and increases the cost of restoration. • Commit to initiate Early Start Habitat at the earliest possible opportunity. • Construct a Habitat Complex near the mouth of the Whitewater River Channel. • Develop a recreational lake in the South end of the Sea, for the enjoyment of our Imperial County neighbors. • Protect the geothermal field. • Stabilize the historic shoreline. • Create a more usable water body in the north end of the Sea; one which covers Tribal lands. We are very concerned about the loss of deep water habitat. • Add water treatment to substantially remove contributors to algae growth and odors. � P.O. Box 1504 • LA QUINTA, CALIFORNIA 92247-1504e'-" le 78-495 CALLE TAMPICO • LA QUINTA, CALIFORNIA 92253 (760) 777-7000 -FAX (760) 777-7101 Secretary Mike Chrisman May 11, 2007 Page Two Without general local acceptance of a final plan, attempts to obtain the legislative passage with the significant levels of funding necessary to implement a plan will surely fail. With strong local support for a State plan, consistent with the Salton Sea Authority's Plan which includes our recommendations, the State and region will finally be able to move forward on the important business of rescuing the sea. The City also firmly believes the Legislature should designate the Salton Sea Authority as the lead agency for the work ahead in the restoration effort. The local commitment has proven that the capabilities exist locally to solve the problems ahead. This is not a problem that can be solved from Sacramento and needs the ongoing constituency - building that a local agency brings. Thank you for considering our concerns and we look forward to working with you to secure approval of an acceptable restoration alternative. If you have any questions or concerns, please contact the City Manager, Thomas Genovese, at (760) 777-7030 or citvmanagersoff"ice .la-guinta.om. Respectfully, Mayor Don Adolph Council Member Terry Henderson Council Member Tom Kirk cc: Salton Sea Authority Mayor Pro Tern Stanley Sniff Council Member Lee Osborne REPORT/INFORMATIONAL ITEM: go MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regularly Scheduled meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 4, 2007 10:00 a.m. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:30 a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt and Frank Christopher. It was moved and seconded by Committee Members Bobbitt/Bobbitt to excuse Committee Member Smith. Unanimously approved. C. Staff present: Planning Manager Les Johnson, Associate Planner Andrew Mogensen, Assistant Planners Jay Wuu, Yvonne Franco, and Eric Caja, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. II. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Committee Members Bobbitt/Smith to approve the Minutes of March 21, 2007 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2007-872; a request of Trans West Housing for consideration of architecture and landscaping plans for proposed Landscape Lot "B" and Firenze Gate I Tentative Tract 34642 (Griffin Ranch). 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Trans West representatives who gave a presentation on the project. 2. Committee Member Christopher asked if any calculations had been done on the gate entrances in regard to turf usage and equestrian uses. Staff stated the turf being used is behind the 34-11 u FILENAME \p G:\WPD0CS\ALRC\4-4-07.DOC3 Architecture and Landscaping Review Committee April 4, 2007 decorative wall and not visible from the street. The turf has been reduced but serves a dual purpose as it will work in conjunction with the retention basin. 3. Committee Member Bobbitt asked about the amount of turf and stated his concern's concerns. Mr. Shepardson stated the turf area would be reduced, but they did have approval from CVWD. They will use desertscape on the upper level and turf on the lower level. Committee Member Bobbitt asked how the landscaping is reviewed by staff in regard to view obstructions. Staff explained the plants were reviewed by both the Community Development and Public Works Department in regard to view obstruction. Ms. Marty Butler asked if the Committee had discretion on the size of the lake. Committee Member Bobbitt stated he would concede to CVWD's approval. Ms. Butler explained the Bureau of Reclamation line that runs through the property and how it will feed the lake. Committee Member Bobbitt asked where the pump station would be. Ms. Butler stated it would be on the south end of the property and will be maintained. 4. Committee Member Christopher stated he too would concede to what CVWD approves. 5. There being no further questions, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2007-005 recommending approval of Site Development Permit 2007-872, as recommended. Unanimously approved. B. Site Development Permit 2007-879; a request of The Foundation Group, LLC for consideration of architecture and landscaping plans for Pad Site "A" within the existing La Quinta Village Shopping Center (Plot Plan 1991-456) located on the northwest corner of Calle Tampico and Washington Street. 1 . Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Bobbitt stated his concern is that he is not familiar with the original plan for the center. The massing of the building is larger than the original intent of the center. Staff explained the original intent was to have people seen seating 0 FILENAME \p G:\WPDOCS\ALRC\4-4-07.D000 2 Architecture and Landscaping Review Committee April 4, 2007 outside eating to draw them into the Village. Committee Member Bobbitt stated his concern is that now there will be a building sitting there after having the open space for so long. Staff stated it is recommended that the overall size be reduced. He distributed a letter from the applicant in regard to their desire to have the larger building. 3. Committee Member Christopher briefly stated this submittal is significantly better than before. The access side of the building faces City Hall and this is a negative impact. He recognizes this does happen in other areas and conditions have been placed to reduce the impact. We have discussed having recesses and steel grates with plants to hide these doors. This has been a problem with the Fire Department, but this is the biggest negative to the project. There needs to be a way to resolve this. Planning Manager Les Johnson stated the applicant has worked extensively with staff to design this building including the reduction of the building on the east end. Staff has been informed by the applicant that the CC&Rs of the Center restrict them from meeting staff's conditions. He went on to review the changes that had been worked out between staff and the applicant. 4. Committee Member Bobbitt stated the only issue is the outdoor space and he would suggest staff work with the applicant to resolve this issue. The use of the space needs to be practical. He would suggest the hedge variety be changed. 5. Committee Member Christopher asked if they would be willing to allow a restriction to never have a restaurant on the eastern end. Mr. Dana MacKay stated they would have no objection, but they are restricted by the CC&R's which is the objection of Ralph's to not have a restaurant. Discussion followed regarding alternatives for the rear elevation. 6. There being no further questions, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2007-006 recommending approval of Site Development Permit 2007-879, as recommended. Unanimously approved 32 0 FILENAME \p G:\WPDOCS\ALRC\4-4-07.D000 3 Architecture and Landscaping Review Committee April 4, 2007 C. Site Development Permit 2007-883; a request of East of Madison LLC for consideration of buildings, parking lot, tennis court, and landscaping plans for the Madison Club Clubhouse located on the southwest corner of Monroe Street and Avenue 52. 1. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jeff Prevost who gave a presentation on the project. 2. Committee Member Bobbitt stated his concern is that the height of the building seems extremely high. Staff stated it is an unusual height, but their Specific Plan does allow this height. Committee Member Bobbitt questioned the date palm tree as they are having a lot of problems with this tree in the Valley. Mr. Jeff Prevost sated they are looking at the tree and have become aware of some of the problems with this tree. 3. There being no further questions, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2007-007 recommending approval of Site Development Permit 2007-883, as recommended. Unanimously approved D. Site Development Permit 2007-882; a request of Fancher Development Services, Inc. (Mimi's Cafe) for consideration of architecture and landscaping for a 7,724 square foot restaurant, in the Komar Desert Center located at the southeast corner of Highway 111 and Depot Drive. 1. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Moni Dosanjh who gave a presentation on the project. He asked that Condition 1 regarding the electrical transformer, be amended to allow them flexibility if Imperial Irrigation District (IID) asks them to move it. 2. Committee Member Bobbitt suggested they give IID room to install their transformer by keeping their planting back as far as possible without changing the look. 3. Mr. Dosanjh also asked that the main entry to the building be retained as designed as they want the main entrance to stQ,nd 3 21 0 FILENAME \p G:\WPDOCS\ALRC\4-4-07.DOCo 4 Architecture and Landscaping Review Committee April 4, 2007 out. Condition #4 regarding the dimension of the post on the outdoor seating area they are showing a four inch and staff is requesting a six inch. Their design team stated the four inch is consistent and it does help with the visibility. The last condition is that the screen wall on their service yard being extended. Their service yard does not stand out and is compatible with the remainder of the building and center. They do not understand the necessity to extend the wall. 4. Committee Member Christopher asked if staff was asking for the extension to keep a straight line with the existing plane. Planning Manager Les Johnson stated that in review of the revised drawings, staff thought it is a nice design and with the number of trips that go by this area, it would add to the look. In regard to the transformer, staff has no objection as long as staff has the option to be able to work with the applicant to screen it. In regard to the posts and their desire to go to a "New Orleans" style, staff recommends the posts be increased to the six inch post. The applicant has been very willing to work with staff in regard to the colors that are now consistent with the remainder of the Center. 5. There being no further questions, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2007-008 recommending approval of Site Development Permit 2007-882, as recommended and amended: a. Condition #1: the potential placement or change in location of the transformer box will be contingent upon the applicant resolving IID's location and if they can't change its location it shall be screened in some way. b. Condition #4: The extension to the service wall shall be angled as staff illustrated on the plan up to a maximum of ten feet. C. Condition #5: The posts on the outside seating area shall be six inches. Unanimously approved E. Site Development Permit 2007-881; a request of R. T. Hughes Co., LLC for consideration of architecture and preliminary landscaping plans for a 57 home project identified as "Malaga Estates" located a r the 3 southwest corner of Madison Street and Avenue 60. 0 FILENAME \p G:\WPD0CS\ALRC\4-4-07.D000 5 Architecture and Landscaping Review Committee April 4, 2007 1. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Mr. Hughes who gave a presentation on the project and stated they have worked very closely with Travertine Development and Andalusia to have their landscaping plan complement their projects. They have also worked with the adjoining projects to resolve the easement needed for the completion of Madison Street. The irrigation line that runs through the site will be moved as requested by CVWD. 2. Committee Member Bobbitt stated the water usage with the amount of turf is a concern, but until the City revises its standards to be stricter than those of CVWD, he would recommend they use less turf. As the entrance is not at the corner, he would suggest moving the water feature closer to the corner. Mr. Hughes stated they hope to create a look similar to the Madison Club. They have given up lots to create a sense of open space areas. The applicant explained the elevation problem and how they can make the retention basin work. The applicant's engineer stated they wanted a retention basin with a lake appearance. Staff stated it was not to move the water feature to the corner but create a landscape feature at the corner that makes a statement. There is no design for either street which does make this difficult. In regard to the water feature it was also a question as to who would benefit from the lake as it is hidden back. This was their reason for recommending the reduction of the lake. The applicant stated that as you drive by you will be looking down into the lake. 3. Committee Member Christopher asked what the pad height was at the lake level. The applicant stated there is a slope, and from the pad to the upper water features is eight to ten feet. Committee Member Christopher asked if there will be a six foot privacy wall on the pads. The applicant stated no, it is a view fence. 4. Committee Member Bobbitt suggested they offer a no -turf option for the front landscaping for the homes. Mr. Hughes stated they have designed the lots to be in continuity with each other. b 3 z 0 FILENAME \p G:\WPDOCS\ALRC\4-4-07.D000 6 Architecture and Landscaping Review Committee April 4, 2007 5. Committee Member Christopher asked if they would have masonry division walls between the houses. The applicant stated yes and they have no objection to the pilasters on the street sides, but not on the berm side. 6. Committee Member Bobbitt asked about the roof tiles. The applicant stated they will be a mudded S-tile with hand trowelled exteriors. Committee Member Bobbitt stated his concern about the use of wood and the ability of the HOA to maintain it. The applicant reviewed the precautions they have in place to protect the look in their CC&Rs. 7. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2007-009 recommending approval of Site Development Permit 2007-881, as recommended and amended: a. Delete the Condition regarding the water feature at the corner and urge the developer reconsider the corner landscape feature for 200 feet each direction of the corner once the final street design has been completed. b. Condition added: A pilaster shall be added at the termination of the property lines and on Madison Street every 50 feet. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/ to adjourn this Special Meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on May 2, 2007. This meeting was adjourned at 12:04 a.m. on April 4, 2007. Res ctfully submitted, J A YER . r 3G Execu ive Secretary 0 FILENAME \p GAWPD0CS\ALRC\4-4-07.D000 7 Reports/informational Items a5)-/ MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 10, 2007 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Paul Quill who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle and Chairman Paul Quill. It was moved and seconded by Commissioners C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Principal Engineer Ed Wimmer, Principal Planner Wallace Nesbit, Assistant Planner Yvonne Franco, Planning Consultant Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of March 27, 2007. There being no changes, it was moved and seconded by Commissioners Alderson/Barrows to approve the minutes as submitted. Unanimously approved. Commissioner Daniels thanked the Commission for excusing him from the meetings he has had to miss. V. PUBLIC HEARINGS: A. Site Development Permit 2007-881; a request of R. T. Hughes Co., LLC for consideration of project architecture and landscaping for a 57 unit single-family residential community located southwest corner of Madison Street and Avenue 60. 1. Commissioner Alderson excused himself due to a potential conflict of interest and left the dais. n Cu..ARAC b. .n m Anne Planning Commission Minutes April 10, 2007 2. Chairman Quill opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked that Condition No. 24 have the last sentence regarding the location of the water feature deleted. 3. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if the water feature had been discussed with the applicant in terms of its necessity. Staff stated a recommendation was made for a reduction in size to the Architecture and Landscape Review Committee (ALRC), but the ALRC did not recommend the condition. 4. Commissioner Barrows stated she would like to see either the water feature deleted or reduced in size and ask how much turf is shown. Staff stated the applicant indicated it is less than 50% turf. Commissioner Barrows asked why Condition No. 26 did not include a requirement for a "no turf' option. Staff stated a condition could be added. 5. There being no further questions of staff Chairman Quill asked if the applicant would like to address the Commission. Mr. Richard Hughes stated he and his team were available to answer their questions. 6. Chairman Quill asked if there were any questions of the applicant. Commissioner Engle asked about the color mix on the units. Mr. Hughes stated there would be wide variety. 7. Commissioner Daniels noted the Commission is not favoring water features due to the drought conditions that are throughout the State. His concern is whether the water feature pool could be scaled back as well as the amount of turf and the lake. Mr. Hughes stated the project was designed to have the look of Southern Spain. The name of the project "Malaga" is from Southern Spain as well. The front of their project will also have an impact on the entrance to the Travertine project. Mr. Mike Horton, HSA Architects, stated the calculations for the amount of turf along the entire perimeter of the project is only 25% and met the CVWD requirements. The lake has been reduced to work with the retention requirements. 3�r c.un,onnnc,on Enl........d9nm,n 1n m A— 2 Planning Commission Minutes April 10, 2007 8. Chairman Quill asked if the majority of the turf was located in the retention basin. Mr. Horton stated yes. The goal was to produce a view of the lake from Madison Street. Chairman Quill noted that the turf area at the corner of the Griffin Ranch project is not even seen. Mr. Horton stated this area will be seen. They added large fingers of drought tolerant plants to make it visually interesting and to down play the amount of turf. Chairman Quill asked if they had any objection to reducing the amount of turf. Mr. Horton stated they could slightly, but do not want to hurt the integrity of the design. Mr. Hughes stated they have been working with the Travertine project which has caused them to delay their project. They have also given an easement to Travertine to construct the roadway. 9. Commissioner Daniels asked if there were pedestrian accesses. Staff indicated the location of the pathway. 10. Commissioner Barrows asked what calculation they used to come up with 25% on the turf. Mr. Horton stated the calculations were based on the whole project. Commissioner Barrows stated the condition was written to require the corner to have less than 50% of turf and this appears to be over 50%. Mr. Horton stated they could reduce the area and add shrubs. This is the first time he has ever been approached with reducing turf on one section of a project instead of the project as a whole. Commissioner Barrows stated that in today's environment she would want to see the lake and turf reduced significantly more. Mr. Horton stated the water has to have a beginning and end. 11. Chairman Quill asked how Madison Street was approved. Staff stated there is a condition in the Tentative Tract Map regarding the size of the street with a five year improvement timeline. Madison Street is a Secondary Arterial in the General Plan and is planned to go through to the south. Chairman Quill stated that in the General Plan Madison Street does not show a multi -use trail from Avenue 58 to the levee and the Commission was certain that they would want a multi -use trail continue from the intersection of Madison Street and Avenue 58 to the levee. It was his understanding that this project was conditioned for a trail. This map does not show the trail going up and over the levee. When Andalucia comes back for the development west of Madison Street they will be conditioned to put the trail in. He wants to be sure thatpthis d, project has a trail on Avenue 60, and/or Madison Street. Staff A ,,, A-- 3 Planning Commission Minutes April 10, 2007 stated the tract was not conditioned for a multi -use trail on Madison Street. There is a multi -use trail conditioned on Avenue 60. The applicant in conjunction with the processing of the map has asked for a change to Avenue 60, which makes Avenue 60 west of Madison Street a private street. This will have a multi -use trail on Avenue 60. The trail is called out in the General Plan Map and the conditions for this permit reference those conditions. Plans have not been submitted for the redesign of Avenue 60, so staff has not seen the design yet. 12. Commissioner Barrows asked where the trail on Avenue 60 connects. Staff stated there is no place for it to connect at this time. 13. Chairman Quill stated there has to be a trail either on Madison Street or Avenue 60. As the east side of Madison Street, between Avenue 58 and 60, is developed it is too late to add the trail on the east side, but the west side could be required. Staff stated there will be a trail on Avenue 60. As all the property owners on Avenue 60 have to agree to privatization of the street, staff cannot determine which side of the street it will go on until the plans are submitted. Community Development Director Doug Evans stated this street is a local street and it would come to the Commission for a General Plan determination and the street vacation would go to Council. Staff could require the applicant to bring back the preliminary design of the street. Chairman Quill asked if there was any significant objection to requiring a condition for a multi -use trail on Madison Street or Avenue 60. Mr. Hughes stated they have no objection. They have no objection to the trail being put on Madison Street. Community Development Director Doug Evans stated a condition could be added that the multi -use trail be required on Madison Street and when Avenue 60 street vacation comes forward, we can change the designation. Discussion followed regarding the location of the trail. 14. Commissioner Barrows asked if there were any features of the homes that lend themselves to energy efficiency or conservation. Mr. Dennis Danahey, architect, stated they have made the walls thicker and recessed the windows and added large overhangs. Solar reflectors to reduce heat gain as well as stone and brick. Passive solar will also be used. Mr. Horton stated that in regard to the non -turf options, they are instituting a number of the newer irrigation technology into the project. In regard to the pumps being used they are investigating their options. `!_ 1 ,n n, a__ 4 Planning Commission Minutes April 10, 2007 15. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion of the hearing. 16. Commissioner Engle stated that as long as they could reach a solution to the turf, trail and water feature, he has no objection. 17. Commissioner Daniels stated his concern is only the water feature. He would have no objection to the elimination of the lake and the corner turf being reduced to 50%. 18. There being no further discussion, it was moved and seconded by Commissioners Barrows/Daniels to adopt Planning Commission Resolution 2007-015 to of Site Development Permit 2007-881, as recommended and modified: a. Condition 24: Last sentence deleted and multi -use trail along Avenue 60 or Madison Street added to the landscaping plan. b. Condition added: The water feature shall be eliminated and the corner landscaping reduced to 50% turf and adding a no -turf option for the front yard be added. ROLL CALL: AYES: Commissioners Barrows, Daniels, and Chairman Quill. NOES: Commissioner Engle. ABSENT: Commissioner Alderson. ABSTAIN: None. Commissioner Alderson rejoined the Commission. A. Site Development Permit 2007-882; a request of Fancher Development Services-Mimi's Cafe for consideration of architecture and landscaping plans for a restaurant located south of Highway 11, southeast of the Depot Drive in the Komar Desert Center. 1. Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in 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 this fronts onto Highway 111. Staff stated yes. There is no development in front of this project. n 3JA. r n�nionnrc,on r.n:........,onm,n +n n7 w__ 5 Planning Commission Minutes April 10, 2007 3. Commissioner Barrows asked about the Chilean Mesquite and the ALRC has suggested these species be replaced. Staff stated it was not mentioned and it will also be used in the circular planter. 4. Commissioner Alderson asked about Condition No. 8 and the ground -mounted flood lights being removed. Staff recommended this to the ALRC because it appeared they would be too bright and the ALRC agreed. 5. There being no further questions of staff Chairman Quill asked if the applicant would like to address the Commission. Mr. Jared Taylor, representing Francher Development, stated he was available to answer any questions. They had a request to change Condition No. 52 regarding a modification to the cornice on the entry feature to make it match the remainder of the building. They are requesting to leave the detail as proposed to help point out the entry location. 6. Commissioner Alderson asked why staff was requesting the post size on Condition No. 4 be increased. Planning Manager Les Johnson stated it was a staff recommendation and ALRC concurred that they needed to be larger. Commissioner Alderson commented that the waiting room inside was very small. Mr. Taylor stated they do have the outside area as well as the bar area and has worked in the past at their other restaurants. 7. Commissioner Daniels asked if this was the same size as the one in Rancho Mirage. Mr. Taylor stated yes. 8. Commissioner Barrows asked the location of the additional landscaping by the electrical room. Staff noted the location on the site plan. 9. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion of the hearing. 10. There being no further discussion, it was moved and seconded by Commissioners Alderson Barrows/Daniels to adopt Planning Commission Resolution 2007-016 to of Site Development Permit 2007-882, as recommended and modified: f a. Condition 52: deleted L !].,,NDrI/1(`C, U!` •Iieu..n19/1110, .1 In n7 An V Planning Commission Minutes April 10, 2007 BUSINESS ITEMS: A. Village Use Permit 2005-030; a request of Leyva & Wilde, Inc. for consideration of pre -construction landscaping and streetscape program for a 20-unit, two and one half story residential condominium building in the Village at La Quinta located on the south side of Calle Tampico, bounded by Avenida Villa and Avenida Navarro. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a public utility easement has been found along Avenida Villa and it is not known whether or not the tree treatment will be feasible. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson clarified that all three options have the same number of trees and the same amount of curvilinear wall treatment. Staff stated the wall is the same but the tree options are reduced on Option 1. Commissioner Alderson asked for clarification on what the Commission's review went into regarding the streetscape. Staff explained the area. 3. Commissioner Daniels asked what areas would be replaced with river rock. Staff stated it was to be under and between the low- lying shrubs. Community Development Director Doug Evans stated that staff would not support use of any material which could be picked up and used as a projectile. 4. Commissioner Barrows asked how this could interfere with people walking or with the bicycle travel. Staff stated that with street trees in the curb it would reduce the ability to ride on the sidewalk. Commissioner Barrows asked how children are expected to ride bicycles and should the Commission ensure there is the ability to have a safe place for children to ride. 5. Chairman Quill stated the sidewalks are not designed to have bicyclists riding on them. 6. Commissioner Barrows asked if the tree is a multi -branch tree. Staff stated it is hopeful that the tree wells are designed to not cause a problem. In regard to it being multi -trunk, the land§cape architect can answer that question. 1,33 z r.\\n/OnnrC\Dr �.I:n...n.�19nn7\A 1n n7 A.... 7 Planning Commission Minutes April 10, 2007 7. There being no further questions of staff Chairman Quill asked if the applicant would like to address the Commission. Mr. Richard Leyva stated they were available to answer any questions. 8. Chairman Quill asked if there were any questions of the applicant. Commissioner Alderson asked if it is a canopy or multi -trunk tree. Mr. Leyva stated the tree type was recommended by staff. They wanted more of a willow and linear. Community Development Director Doug Evans stated the Tipuana was recommended in that it was approved at the La Quinta Museum and recommended by local landscape architects as street trees. Staff was concerned that the willow was too spindly and Council wanted a tree that was strong and would have an impact. This can be worked out between staff and the applicant. Mr. Leyva stated it does have a canopy and is normally a single trunk canopy tree. 9. Commissioner Daniels asked how high the tree gets in relation to the building; will it reach the second story. Mr. Leyva stated it could in time. 10. Chairman Quill asked if the applicant was OK with Option 3C and the responsibility of maintenance the street trees. The applicant agreed with Option 3C and maintaining of the trees. Chairman Quill stated he would not want to lose the street tree design for a Public Utility Easement (PUE). Principal Engineer Ed Wimmer stated that in regard to public utility easements they do have their restrictions. Chairman Quill stated that if we defer to the utility they will not allow the tree within 15 feet. It would be important to the aesthetics of "Old Town" to see that a solution is reached. Staff stated they will do their best to see this happen, put it is not certain that a utility company will observe the City's request. This easement was found late in the process and the City has no feedback from them at this time. Mr. Timothy Odebunmi, Hacker Engineering, stated that in regard to the PUE on the south side they currently have CVWD laterals coming from Avenida Navarro along the south side of the property going 100 feet into the landscape area. On the north side they have a 20 foot landscape and PUE coming through an access corridor between the two buildings along Tampico. They will be speaking with the utility companies regarding the easements. These utilities are currently being designed and are not yet installed. There are utilities in the five foot easement. Mr. Leyva stated the utilities are currently 3 more in conflict with the hardscape than the landscape. 1n m A.... 8 Planning Commission Minutes April 10, 2007 11. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion. 12. There being no further discussion, it was moved and seconded by Commissioners Barrows/Alderson to adopt Minute Motion 2007- 007 approving Village Use Permit 2005-030, recommending Option 3C as recommended and modified: a. Condition 4: The applicant shall use an alternative material to the river rock and mulch. b. Condition added: The applicant shall work with staff to allow flexibility in the selection of the tree species. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Chairman Quill gave a review of the City Council meeting of April 3, 2007. B. Commissioner Daniels asked that the subject of water use standards be added to the next Joint Meeting with the City Council to get a consensus regarding the City's direction. The City has adopted the CVWD standards and Council Member Kirk, while on the Commission, urged the Commission to adopt stricter measures. Also, he would like to request staff look at the Green Build/energy conservation measures and report back. Staff stated a work program is currently not in the City's budget. The Council did add a policy that they would like to explore policies regarding energy conservation and have taken the lead with the Vista Dunes project. Staff has done some research on what other cities have done and funds have been put into the budget to attend conferences regarding the subject. Chairman Quill stated a significant amount of the Planner's Institute was dedicated to Healthy Communities and how this can be implemented to help with environmental concerns as well as the Green efforts. He is wondering how the Commissioners can assist in seeing how the Healthy Communities ideas can be implemented into the City planning process. Staff stated they could look at the General Plan Policy and give an analysis of what we currently have. The Planning Commission can initiate General Plan Amendments and Zone Changes. Typically this is done through the work program, but the Commission could initiate some 3 3 1- Planning Commission Minutes April 10, 2007 discussion and recommend policy decisions to the Council. Staff will do some research and bring back some policy issues for discussion. Chairman Quill asked if the Golf Cart Plan and routes had gone any further. Staff stated Council directed staff to go ahead with Phase I of the program. There will be significant linkage problems, but staff is in the process of bringing it back to the Council for adoption. C. Commissioner Barrows asked if the Ordinance regarding water conservation was on the City's work plan. Community Development Director stated we cannot redo the Water Conservation Ordinance entirely, but we can change the water co -efficient which will completely change the landscaping and may not be consistent with other entities in the community. Staff is doing the research and will bring it back to the Commission with a visual update. Commissioner Barrows thanked staff for their efforts in gathering information on the Green Build issue. She informed everyone that CVAG was also looking into what is being done Valley -wide. ADJOURNMENT: There being no further it was moved and seconded by Commissioners Barrows/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on April 24, 2007. This regular meeting was adjourned at 9:28 p.m. on April 10, 2007. Respectfully submitted, 4Be er, Executive Secretary City of La Quinta, California p.. 3J. J. rd1NDnnnC1or LI:n...nr1onn�\n 1n n7 Ann 10 Reports/Informational Items MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 24, 2007 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Paul Quill who asked Mr. Jerry Herman to lead the flag salute B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle and Chairman Paul Quill. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Public Works Director Tim Jonasson, Planning Manager Les Johnson, Principal Planner Andrew Mogensen, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: Mr. Jack Berkwinn, 43-618 Selarno, stated he had attended a meeting put on by the Mayer Corporation for their project proposed at the northeast corner of Washington Street and Fred Waring Drive. The concerns they have is whether or not anything can be done to have a different market at this location than the proposed Wal-Mart. Community Development Director Doug Evans explained a neighborhood meeting was held last night regarding a project proposed for the northeast corner of Fred Waring Drive and Washington Street. This project is currently being reviewed by the Community Development Department and will be before the Commission at a future public hearing. The applicant was directed to hold a neighborhood meeting and it was staff's understanding the meeting was well attended and well received. Chairman Quill informed Mr. Berkwinn that when the project is before the Commission the neighboring communities will have the opportunity to speak regarding the project at that time. A notice will be mailed to everyone within 500 feet of the project notifying them of the date and time of the hearing. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of April 10, 2007. Chairman Quill asked that Page 4, Item 13 be amended to read, "As the east side of Madison Street between Avenue 58 and Avenue 60..."; Page 5, Item 18.b: add, "...corner landscaping reducedto 3 J" n cn cninnnc %., RA;. .., %1nn71n on rn A^. Planning Commission Minutes April 24, 2007 50% turf..."; Page 9, B. more detail should be added as to what was discussed regarding the Green Build items, and add that the Commission directed staff to agendize a discussion regarding the trail along Avenue 58. There being no further changes, it was moved and seconded by Commissioners Daniels/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Environmental Assessment 2006-562, General Plan Amendment 2006- 107, Zone Change 2006-127, Specific Plan 83-002 Amendment #6 Tentative Tract Map 32266, Site Development Permit 2006-852 and Development Agreement 2006-01 1; a request of Pacific Santa Fe Corporation/Crowne Pointe Partners, LLC, for consideration of the following application requests: recommend adoption of a Mitigated Negative Declaration; an amendment to the General Plan Land Use Element, from Tourist Commercial (TC) to Resort Mixed Use (RMU); change the Official Zoning Map, from Tourist Commercial (CT) to Tourist Commercial/Residential Specific Plan (CT/RSP); update the overall PGA West Specific Plan to implement development principles and guidelines for a 292-unit resort condominium project, with clubhouse building, common pools and lighted tennis courts, on ±42 acres; the division of ±42 acres into 97 residential lots, a 1.35 acre community center lot, and other common area lots; a site plan and building design approval for 292 one, two and three-story condominium units, a 7,122 s.f. recreation building with a 32 x 70-foot common pool and 43-foot 6-inch clock tower feature, and a private entry gatehouse; and consideration of an Agreement to implement a funding mechanism ensuring payment to the City of certain fees to financially offset the conversion of the original hotel/resort site to residential, for the anticipated potential for lost revenue(s) associated with development of the Eden Rock project for the property located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and Clubhouse and on the south and west by PGA Boulevard. 1. Commissioner Daniels excused himself due to a potential conflict of interest and left the dais. 2. It was moved and seconded by Commissioners Barrows/Alderson to continue the project to May 8, 2007. Staff asked that the Chairman open the public hearing before a motion is made to continue the project. Commissioners Barrows/Alderson rescinded their motion. � .. I0 r.�,n,onnrc�on e4:.,,..11nn71n on Al n, 2 Planning Commission Minutes April 24, 2007 3. Chairman Quill opened the public hearing and asked for the staff report. Staff explained additional environmental review was needed and requested a continuance to the May 8`h Commission meeting. 4. There being no public comment, Chairman Quill asked if there was a motion to continue the project. It was moved and seconded by Commissioners Barrows/Alderson to continue the project to May 8, 2007. Unanimously approved. Commissioner Daniels rejoined the Commission. B. Site Development Permit 2006-872; a request of Trans West Housing, Inc. for consideration of architecture and landscaping plans for a proposed 21,204 square foot clubhouse, entry gate, and recreational parcel for the property located within proposed Tentative Tract Maps 32879 and 34642, south of Avenue 54, east of Madison Street, west of Monroe Street, and north of the Greg Norman Course. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in 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 Alderson asked if the 37-foot architectural feature was allowed. Staff stated it is allowed. 3. Commissioner Daniels asked about the water feature. Staff explained the water feature serves multiple purposes. Commissioner Daniels asked the footprint of the water feature. Staff asked that the applicant answer the question. 4. Commissioner Barrows asked if the multi -use trail was located along Monroe Street. Staff stated yes. 5. Commissioner Daniels asked how this clubhouse plan compared to the previous plan. Staff stated the original design did have a hitching rail and horse amenities. 6. There being no further questions of staff Chairman Quill asked if the applicant would like to address the Commission. Mr. Jerry Herman, representing Trans West Housing, stated they were n\UfDnn nC\Ol` ft A;+wnn1%A OA n0 A.... 3 Planning Commission Minutes April 24, 2007 available to answer questions. He explained the location and purpose of the Bureau of Reclamation (BOR) water line in relation to the water usage at the Saddle Club. 7. Commissioner Barrows asked the applicant to show where the BOR line would run and how it would work. Mr. Herman stated it will be a storage facility as well as a source of irrigation for the Saddle Club pastures as well as neighboring property. 8. Commissioner Alderson asked if the water level would be low enough to work as a retention basin. Mr. Herman stated yes. 9. Chairman Quill asked the applicant to explain the irrigation system. Mr. Chuck Shephardson, landscape architect, stated the water is brought in from the BOR line and pressurized. It will fluctuate during irrigation periods. The only time it will overflow is during a major flood and they can open the gates to flood irrigate the pastures to eliminate the overflow during that time. Chairman Quill asked why it was not being used to irrigate anything other than the Saddle Club. Ms. Marty Butler explained the pastures do not belong to the Saddle Club, but to the property owner to the north and they are leasing the pastures from them. Mr. Shephardson stated they could look into increasing the use of the water to the perimeter landscaping. 10. Commissioner Barrows asked if the landscaping at the secondary entry could have the size of the turf reduced significantly. Mr. Shephardson explained all the turf on the north side of the street and significantly reduce the other side as well. He stated it could be reduced as long as they retain the continuity with the other entries of the Ranch. 11. Chairman Quill asked how the turf behind the walls at the entry will be seen. Mr. Shephardson explained the stone walls are uneven and will have an appearance of being broken down. They will dip down to allow visual windows to the pasture. The area has been overseeded currently with Bermuda grass and in the winter tall Fescue and Rye grass will be planted to make it look like a pasture. 12. Commissioner Barrows asked the purpose of the pasture area. Mr. Shephardson stated it would be a day use area. Commissioner Barrows asked if the grass would have a trampled look.G„ Mr. r s r.un,onnrc�or nn:....�....wnm�n on nv a..,. 4 Planning Commission Minutes April 24, 2007 Shephardson stated it would have an appearance of being a pasture. 13. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion of the hearing. 14. Commissioner Barrows asked if Condition No. 48 would apply to the front entry. Staff stated yes. Commissioner Barrows asked that the turf area be reduced by 50%. 15. Chairman Quill stated it was important to point out there are specific differences between this project and the one reviewed at the last meeting where they denied the applicant's water feature. They are: 1) This is a lake that is adjacent to homes within the view corridor of the existing homes; 2) It has a walking path which has recreational uses for the homeowners; 3) it will be fed from a BOR line so it is not using potable water from a water meter that is a well water meter; 4) it will probably have fish which also provides recreational uses; and 5) it serves as a reservoir lake for irrigate purposes as there will be a pump station to provide pressurized water from the BOR line to specific irrigation sources at the Saddle Club as well as other potential area. 16. Commissioner Barrows asked that the turf on the north side of the water feature also be reduced. 17. There being no further discussion, it was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2007-017 approving Site Development Permit 2006- 872, as recommended and modified: a. Condition 48: Turf area shall be reduced by 50% at the main entry. b. Condition added: the turf area on the outer perimeter of the water feature would be reduced. C. Environmental Assessment 2006-578, General Plan Amendment 2006- 109, and Zoning Ordinance Amendment 2006-086; a request of the City for consideration of a Negative Declaration of environmental impact and General Plan Amendment and Zone Text Amendment to establish policies and standards for the development of tentative tract maps on parcels of ten acres or less in the southeastern portion of the City. } 342 n.\\N�nnnC\Gn nn:... n..n\0nn7\A 9n n7 A-- 5 Planning Commission Minutes April 24, 2007 1. Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson explained the request to continue the application to May 8, 2007. 2. There being no discussion, it was moved and seconded by Commissioners Daniels/Alderson to continue the applications to May 8, 2007. Unanimously approved BUSINESS ITEMS: None. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Staff gave a review of the City Council meeting of April 17, 2007. B. Commissioner Barrows asked that more background be included in the staff reports in regard to water features special to their use and source. C. Community Development Director Doug Evans informed the Commission that the applicant, Mr. Hughes, for Tentative Tract Map 33597 appealed the Commission's decision. Staff expects the Council to provide staff with direction in regard to water features. D. Commissioner Barrows asked about the timeline for the Commission to review the CVWD water requirements. Staff stated they would prepare a timeline and bring it back to the Commission. ADJOURNMENT: There being no further it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on May 8, 2007. This regular meeting was adjourned at 7:51 p.m. on April 24, 2007. Respectfully submitted, Bet Sa a ,Executive Secretary City of uinta, California Department Report: I —A a 'c �OFTF� TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager n1� DATE: May 15, 2007 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the May 1, 2007 City Council meeting: 1. Earl Greif, 8 Deerfield Court, Rancho Mirage, Holocaust survivor stated he is building a "Tolerance Education Center." He explained the programs, classes and exhibits offered by the Center and requested the City's support of the facility with a $25,000 grant. The Mayor thanked Mr. Greif and asked him to contact Edie Hylton, Community Services Director to request a grant application packet. 2. Joe Broido, 77-510 Calle Nogales, spokesman for Concerned Citizens for Accurate Analysis (CCAA), which is a new organization established to discuss issues with the City regarding the annexation of Vista Santa Rosa. He requested the opportunity to be included in discussions and review documents related to the annexation. The Council asked the City Manager to contact Mr. Broido to set-up a meeting with his organization. 3. Bonnie Wall, 78-075 Main Street, and Paula Graybar, stated they along with other businesses in Old Town have received warning notices regarding displaying merchandise outside their stores. They questioned the citations and stated businesses need an avenue to advertise outside their stores to draw in customers. They requested clarification of the Municipal Code. City Council asked Tom Hartung, Director of Building and Safety to meet with these commercial business owners to discuss the citations and the Municipal Code interpretation. DEPARTMENT REPORT: 3-A r _CITY COUNCIUS UPCOMING EVENTS �.. MAY 15 JUNE 5 JUNE 19 JULY 3 JULY 17 AUGUST 7 AUGUST 21 SEPTEMBER 4 SEPTEMBER 18 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2007 Sunday..Saturday 3., e 2 3 4 5 April' 3:00 PM City Council 10:00 AM ALRC 12.00 PM Mayors Lunch 9:00 AM 4:00 PM SJSR S M T IN T F$ r Meeting Nil. Mnmt-Henderson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAPPY Birthday to 29 30 Quinta )actual 25th) 6 7 8 9 10 11 12 9:00 AM Museum 9:00 AM RCTC 9:30 AM Animal Campus. Groundbreaking Henderson Henderson Ceremony 4:30 PM Investment 11:00 AM CVCC-Sniff 7:00 PM Planning Advisory Board 12:00 PM Energy) Commission Envuon. Sniff 13 14 15 16 17 18 19 10:00 AM Pub. Sity.Kirk 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 12:00 PM Transp.Kirk Meeting Critic. vation Commission Mother's Day 3:00 PM Mtns. 12:00 PM HumanlComn Conversancy Kirk Osborne 5:30 PM Community Services Commission 6:00 PM League - Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO Commission 4:00 PM J.Cochran Reg. Henderson Airp-Osborne 27 28 29 30 31 June MEN Ass S M T W T F S 1 2 Memorial Day 3 4 5 6 7 8 9 (CITY HALL CLOSED) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 5/7/2007 = 3 LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2007 SundayMonday.. .. .. ..Saturday ,F r'l2 s's.,�, ,S, ., �,<t,`a:1< ; May July Jul y M, t S S M T W T F S 4 2 3 4 5 6 7 6 7 8 9 10 11 12 " 8 9' 10 11 12 13 14 13 14 15 16 17 18 19 �d'3r 15 16 17 18 19 20 21 �.xlt 20 21 22 23 24 25 26 �''}'�';e< 22 23 24 25 26 27 28j;IISy,£+s� 27 28 29 30 31 29 30 31 F :::::. 0 3 4 5 6 7 8 9 6:00 PM CVAG Exec. 3,00 PM City Council 10:00 AM ALRC Corte Adolph Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Sfty Kirk 7:00 PM Planning 9:00 AM RCTC 11:00 AM CVCC.Sniff 9:00 AM CVA-Henderson 12:00 PM Transp-Kirk Commission Henderson 12:00 PM Energy) 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6:00 PM League - Henderson Flag Day 17 18 19 20 21 22 23 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser. tti/�+..�*, AV-4 Meeting Corte. vation Commission Father's Day 12:00 PM HumanlComm- Osborne �24 25 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO� Henderson Commission Henderson 6:00 PM Exec Cmte - Adolph Printed by Calendar Creator Plus on 5/7/2007 ^eyv 3 jt r s LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2007 .. .. , 2 3 4 5 6 7 3:00 PM City Council 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Meeting I MI. Mnmt-Henderson Independence Day (City Hall Closed) 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- 12:00 PM Transp.Knk Commission Henderson Henderson 3:00 PM Mtns. 4:30 PM Investment 11:00 AM CVCC-Sniff Consversancy-Kirk Advisory Board 12:00 PM Energy/ 5:30 PM Community Environs Sniff Services Commission 6:00 PM League - Henderson 15 16 17 18 19 20 21 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA Henderson Meeting Corte. vation Consrussion 12:00 PM Human/Como Osborne 22 23 24 25 26 27 28 10:30 AM RCTC Budget 7:00 PM Planning 4:00 PM J.Cochran Reg. 9:00 AM LAFCO Henderson Conunissmn Airp Osborne Henderson 29 30 31 6.00 PM Exec Cr :..3.:.;ME,+ `'"r,'?s€.y Adolph June Jun T ugust ��§Hfi S,.. M. F S kY,±§;,e W T F S 1 2 1 2 3 4 . ` .'Y . 5 7 8 9 ;y,, 5 6 7 8 9 10 11 10 11 12 13 14 15 16,„s, 12 13 14 15 16 17 18 L 17 18 19 20 21 22 23"' 19 20 21 22 23 24 25 24 25 26 27 28 29 30 ,£'E 3'a626 27 28 29 30 31 Printed by Calendar Creator Plus on 5/7/2007 _k1 , 3 4 DEPARTMENT REPORT: 3- ) U r 5 Fy OF T O TO: The Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk �{ ' DATE: May 15, 2007 �(/ SUBJECT: Discussion Regarding Budget Calendar and Commission Applicant Interviews In previous years, the City Council has held a separate meeting the third week of June to review the Preliminary Budget. Staff has identified Thursday, June 21, 2007 as a possible date for this meeting. Staff would appreciate receiving direction from the City Council to schedule a meeting to review the Fiscal Year 2007-2008 Preliminary Budget. In an effort to expedite Council meetings, the City Council has expressed their desire to review applications and hold interviews for the appointment of City Boards, Committees and Commissions at a separate meeting. Appointments should be made prior to the expiration of terms on June 30, 2007. Staff is requesting direction from the City Council to schedule a meeting for commission applicant interviews. 3�� DEPARTMENT REPORT: 3— C o� i �OFT4� TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk n� DATE: May 15, 2007 fir' SUBJECT: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. If it is the Council's pleasure to hold one meeting in August and/or September again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August and September, 2007 are as follows: August 7, 2007 August 21, 2007 September 4, 2007 September 18, 2007 For your information, the City Manager is scheduled for vacation from July 31 through August 25, 2007. Staff would appreciate receiving direction from the City Council to schedule public hearings and other matters for future meetings. n . v , DEPARTMENT REPORT: 4 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -Ir DATE: May 15, 2007 RE: Department Report — April 2007 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of April. Also included are Monthly Executive Status Reports for the City Hall Expansion, Vista Dunes Courtyard Homes, and the Museum Expansion. The statistical summaries depict the following highlights for the month of April: ■ Year-to-date building permit valuation is $57,558,834 which represents an issuance of 1,265 building permits; ■ Animal control handled 932 cases through April; ■ Code compliance initiated 879 cases through April; ■ Garage sale permits generated $1080 in revenue during April. P.O. Box 1504 • LA QuiNi'A, CALIFORNIA 92247-1504 78-495 CAFFF TAMPICO • LA QUINTA, CALIFORNIA 9225�;.-, (760) 777-7000 -FAX (760) 777-7101 �'�� n m o o m b m o m o m b o N p m r o 0 o m o o m mbOObU1 rO0 MO m0 n N p OOrObO ri00 N I I w I mO pNmY1 ri HO Mm IDp r Opmr00 m IwI Ofi VIM'ipO Il1nNOMOrOYf 01OOO m I W I p rf' VI 'I m N m N b Ot p n N m m r b b m I a r h m m H m H m H b p H m m m H r 1 H I 'N Qr mV100 Oro pgoomrr0000VlmOmOo 1D I '�] 1 1(Ip ei OrO Ill 1I1Om0000N po p00 N 1 � � 1 mh mOm O Or ri eim 1(Ib ri eiOp MIO N N bb nOM N NOI(Ip 41 Nw r-1Nmmri ri O r a r1 r n Ol r Or FI N mpNmUlm Nmb.i IDb Ol I a I mm p p m b b 1l1 'i p Q a H H ON I H Q 1a 1w lam F I r00000J p bH N OOrN Nbbb WHM w N O\ wH I pm N N r-I ri m N I m W I ar � I I I I I I w 1 pOr00 N ri ri ei p 001 'i 1(�b Ill p 000mblON h I a I eir N N brlp p p Ia1 m ral al I r o o H o m m o b b m o H p m m m o o m m a o b r m i M o H o o m m o o m H o m b H m p o n o H o o m w n I w I NO I w I b 0\ b I n p N 0 p�lm M m m o m wb O n b O O O m HOWW ]IN I 01 OrN0 r-IN O1 V W V OrMHH MH OM ON 0 p F O W mh Nm Or Ill pm p OlM ri ri Or r40M Ori p Ill m a r m n ri n 'i O N rl ei m p O p F H r- IH a. 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Glemdora Beauty Hilts "asp Clemente La Qua nta Las Vegas qP Monthly Executive Status Report City of Lo Quinta City Hall Expansion Presented To the City of La Quinta: May 7, 2007 For the Month of April, 2007 F"asf �Adtiiiit's .: sizes �-,ApH�, _� • Complete forms and pour (foundation/stem wall) Southeast corner • Complete over -ex, forms, and pour foundations in WA # 1 & WA #2 • Commenced rough in: electrical, plumbing and HVAC in WA #1 & WA #2 • Complete first and second lifts in WA #6 • Installation of span-crete beams • Finalized details for the selection of millwork sub -contractor Schedule Performance Project to Date • Original Completion Date: 11-28-2007 • Current Completion Date: 12-27-2007 • 15 working days delayed - (Design Issues) WA #6 sewer ejector pit area. We have been at a stalemate for 2 weeks awaiting design details from the architect and structural engineer who have stated this is not their scope. Item resolved. Budget Performance Project to Date Total Awarded Contract Amount $8,700,000 Contingency 1,500,000 Total Available Budget Contract Award plus Contingency) 10,200,000 Chan e Orders To Date 20 : 126,675 Contingency Used To Date: 126,675 Current Cost Commitments (original bid + change orders 8,826,675 Un-committed Available Budget Remaining 1,373,325 Current Commitments as % of Total Available Budget 86.5% Safety Performance Project to Date • No Lost Time or Claims due to injuries or safety violations • No on -site accidents to date Upcoming Month's Priorities/Key Activities (May, 2007) • Select Millwork Sub -Contractor • Continue rough in: electrical, plumbing and HVAC in WA # 1 & WA #2 • Complete the backfill in WA #6 • Commence over -ex and footings for WA #4 • Select color/style concrete for all: entrances and walkways 6 r CONSTRUCTION, INC. Gaondora BeveetyHills 5anClememe iaQuinza tasVegas Monthly Executive Status Report City of La Quintal Vista Dunes Courtyard Homes Presented To The City of La Quinta: May 7, 2007 For the Month of April, 2007 • No negative community related problems/issues reported. • Sewer construction is complete, awaiting final approval by CVWD. • All fire hydrants are installed. • Water services for units 100 thrul80 complete. • Water system ready for tie-in to water main in Miles Avenue. • Framing for units 160 thru 171 complete, units 154 thru 159 80% complete, units 148 thru 153 30% complete. • Concrete slabs poured for units 116 thru 147. • Underground electrical complete for units 110 thru 115. • Underground plumbing complete for units 100 through 115 • Concrete forming complete for units 100 through 115, 110 thru 115 ready for rebar & pour • Have received approved utility plans from The Gas Co. • Continued to resolve documentation errors with City, Architect and Engineers. Schedule Performance Project to Date • Original Completion Date: 9-5-07. • New Completion Date: 1-21-08. • On schedule with new completion date. Budget Performance Project to Date Total Awarded Contract Amount 21,400,000.00 Contingency 2,500,000.00 Total Available Budget Contract Award plus Contingency) 23,900,000.00 Change Orders To Date 4 : -231,669.00 Contin.gency Used To Date: -231,669.00 Current Cost Commitments on inal bid + change orders 21,168,331.00 Un-committed Available Budget Remaining 2,731,669.00 Current Commitments as % of Total Available Budget 88.6% Safety Performance Project To Date • No lost time or claims due to injuries or safety violations. • No on -site accidents to date. Upcoming Month's Priorities/Key Activities (May, 2007) • Sewer system to be approved by May 15, 2007 • Water system to be completed by May 23, 2007 • Continue to value engineer the building construction components and make modifications to achieve LEED certification and Fair Housing Act approval. • All concrete slabs through Cluster 12 to be complete by middle of May. • Construction on Common Building to start by May 7. ZCONSTRUCTION, INC. Glendora Bveo! Hills SanClemer.te Uouinta tasVegas 10 Monthly Executive Status Report City of La Quinta Museum Expansion Presented To The City of La Quinta: May 7, 2007 For the Month of April, 2007 Ptrst ll�anittt`S K "Aprit Zit • Existing museum personnel and artifacts have been relocated • Project team pre -construction meeting • Submitted all plans to utility companies Schedule Performance Project to Date Schedule (approx. dates) calls for: • Construction completion date: 3/15/08 • Closeout date: 5/15/08 Budget Performance Project to Date Contract Amount Projected $2,500,000 Contingency 200,000 Total Available Budget Projected Contract plus Contingency) 2,700,000 Change Orders To Date N/A Contingency Used To Date N/A Current Cost Commitments (original bid + change orders N/A Un-committed Available Budget Remaining N/A Current Commitments as % of Total Available Budget N/A Safety Performance Project To Date N/A Upcoming Month's Priorities/Key Activities (May, 2007) • Notice to proceed to the contractor • Removal of site electrical underground • Contractor mobilization • Start of over excavation • Begin the submittal/RFI process • CTE (geo-tech) commence on soils report • Surveyors flag all hot areas Department Report: F 'yoF� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant City Manager/Interim Community Development Director DATE: May 15, 2007 SUBJECT: Department Report for the Month of April 2007 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of April. P:\Monthly Report Folder\APRIL 2007.doc 1 H z w 2 CC a w z w a O J w J w 0 } H z cD G O U F O a cro H O z N w J 2m a Q a w O 0 w z � o a m 0 � � a U (n E w U W O O w O -o v U) V c -o m m m m m m m m m 0m-0-0 a) -o -o -oa w o a) 0 m m m m m m 0) a) m m m U 2 E Y Y Y Y Y Y Y Y Y Y Y Y _ Y Y Y i U �•• U � L- O E E E E E E E E E a E E E a E E E w z o. a a a a a a a a a 7 a a a 7 a a a z Q co a) 7 7 7 7 7 7 7 7 7 N 7 7 7 N 7 7 7 J C a N N N N N N N N N N CO CO N N N N d W oo,o,tla000�mo,000,t p�LO z Q N z O J N Q U o d U N ~ y Y Y z C m Y N Y Cc) m E N a) a m f W m aEi aNi -o C C N d o fcc0 N v a) i s m N N m C N = d Q E C E E CL d a) N a Q N a) E E �. N aa) E Y U 0) N 0 Q 0 Y a'' C 7 N N a N C Co� d a) m N U) ca C N N N 'O N 7 d N a a= O fa m C -O U C C E a Q :p y 0 0 E 6 CL m T N m o m E > m U t .� N as N ' O U cm U °Np J O a) O CD a) >.> C C (OD E (0 C C > a cm UO Wj (D- d nn()F- - > N U(n 91 36 O H O U N Q J Z Oa U) 0 G ~ OO U NO O Z } Z J Z Q � CL 74: * CM , Lo H H Z -0 _O CL a c CL m of E U Q W O Q + a a a a a a o o a a a a p a)o N N N y Y N N N N W Y Y Y Y Y Y Y Y E Y Y Y Y Y W ` E E E E a.5 E E E E E E 0O O a.0.00. a > 0aa.0aa oC N N CL N N N N t0 N N N N N d G. M N� N .- � (O � �� M Q Q U W � H _ Q �O J O Q P: W Z Wa W Q > N Y Y c N t: c w a E E E OC J N O cc cc 0rn c E E °C uw CL Z) >, E N m a Q m 2 ccmY 0 '70a� m .N o m F- a� 07 c a O O CO a d IILo N j a j N L o U Z U U +- ` a 0 0 °� y Q Q a O N L C f0 c m 0) + 00 UD(7OC(n(nwH>NN m Y O C N (D > a O CL U CL c m 0 � c a U .0 :ti U U C N � CL U) C a C f0 Ur` Y O O N a N N y O N Q Q m fU Y N C co N � 7 E 0 0_ > d U C Y Y W O O C O 0 4 W N c N cu � 0 0 Q U (n 0 a) -tt > j N C7 a. 3 or (M DEPARTMENT REPORT: '5'A / T aw ��o q •;�i�/ Q� �� i. y OF T1 TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant City Mager/Interim Community Development Director DATE: May 15, 2007 SUBJECT: Discussion Regarding Sphere of Influence East of City Limits City Council Subcommittee Since the last report of March 20, 2007, the Subcommittee met on April 11 and 25. Meeting topics focused upon fiscal update, potential policy revision to allow land -based financing, fiscal analysis for The Enclave, as well as information regarding the Vista Santa Rosa Community Land Use Concept Map and the South Valley Parkway Implementation Program. Fiscal Considerations City staff continues to work on the fiscal information for the Sphere of Influence (SOI) as well as working with Tom Noya, applicant for The Enclave, and his representatives. City staff met with Mr. Noya on May 5 and further discussed baseline assumptions being used in the modeling. Staff will continue to work with Mr. Noya and his representative regarding this matter. Staff and Mr. Noya agreed to share additional financial information and then meet again to discuss funding options. Vista Santa Rosa Land Use Concept Map The Vista Santa Rosa Task Force last met March 22, 2007, and is not expected to meet again unless necessary. Since then, County staff presented the Concept Map to the Vista Santa Rosa Community Council at their March 28 meeting. The Riverside County Planning Commission has scheduled a workshop for May 16 at 9:30 a.m. at the CVWD Forbes Auditorium in Coachella. Staff was recently informed of a community meeting conducted by Riverside County that was held last week at Coachella High School, but at this time details are not available. It appears that the intent of the meeting was to receive input from VSR residents and that they were invited to the meeting. The City was not invited to this meeting. Additionally, at this time it is uncertain as to when the Concept Map will be considered by the Board of Supervisors. Staff expects to hear more about the schedule at the County Planning Commission workshop on May 16. South Valley Parkway Implementation Program The Riverside County Planning Commission held a workshop on April 18 to discuss the Program. Following a presentation from County staff and their consulting team, public comment was received. City staff briefly provided comments that summarized a written response previously submitted to County staff. The Planning Commission moved to continue discussing this matter at their June 27 meeting, which is schedule to be conducted in the La Quinta Council Chambers. The Vista Santa Rosa Community Council meeting of April 26 included a presentation by Riverside County staff regarding the Thermal Redevelopment Project Area and planned projects. Several in attendance asked questions of County staff regarding the list of planned projects and specific improvements slated for the VSR area. The Community Council did not make any specific recommendations or take formal action, but was interested in identifying projects for Vista Santa Rosa which may qualify for project funding, noting that the tax increment will only continue to grow with land values. A copy of the revenue and expense sheet provided at the Community Council meeting is attached (Attachment 1). MOU County Administrative staff indicates that the County Council has recommended a substantial revision to the Memorandum of Understanding (MOU). City staff will be attending a meeting to discuss the proposed changes to the document drafted by the County. At this time the City is the only entity in the Coachella Valley still considering a MOU with Riverside County. Attachment 1: County Revenue and Expense Sheet Thermal Redevelopment Project Area ATTACHMENT 1 Annual Revenue and Expenses Annual Tax Increment: $ 14,000,000 Annual Expenses Housing Set Aside (20%): $ 2,800,000 Pass Through's (30%) (to schools, park districts, and other public entities') : $ 4,160,000 Current Annual Bond Debt Service: $ 6,000,000 Administrative Costs (4%): $ 560,000 Total: $ 13,520,000 Annual Available Tax Increment: $ 480,000 Funds are used for graffiti abatement, the Fagade Improvement Program, the Demolition Grant Program and other projects such as the Stand Pipe Wraps. Bond Proceeds: $ 86,000,000 Planned Projects: Project Area Street Improvements $ 10,000,000 Project Area Water & Sewer Improvements $ 5,000,000 Sheriff Station (serving the Project Area and La Quinta) $ 25,000,000 Project Area Aviation Education Center $ 25,000,000 Thermal Fire Station $ 5,000,000 Airport Boulevard Utility Undergrounding $ 2,500,000 Total: $ 72,500,000 Bonds available for new projects $ 12,500,000 Projects that are eligible for these funds include public facilities such as street improvements, flood control improvements, parks, community centers, and fire stations. Projects will be funded on a case by case basis based on need. Portion of Tax Increment Attributable to Vista Santa Rosa: 6% Annual Vista Santa Rosa Tax Increment: $ 811,200 Bonds supported by Vista Santa Rosa Tax Increment: $ 4,350,000 'Pass through payments are made to: Coachella Valley Com. College District, Coachella Valley County Water District, Coachella Valley Mosquito Abatement District, Coachella Valley Public Cemetery District Coachella Valley Recreation & Park District, Coachella Valley Resource Conservation District Coachella Valley Unified School District, County Service Area 125, County Superintendent of Schools, 4th District Road Fund, and Thermal Sanitary District Additionally, the Agency will begin making pass through payments to the City of La Quinta 36 pursuant to sections 3333.6 and 33607 of the California Health and Safety Code, in 2008. ` a( DEPARTMENT REPORT: 4 H OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: May 15, 2007 SUBJECT: Community Services Department Report for April 2007 UPCOMING EVENTS OF FOR THE MONTH OF JUNE 2007: June 1 *Yoga for Health June 4 *Jazzercise June 4 *Mat Pilates June 4 *Ageless Action Aerobics June 4 *Mindfulness Meditation June 4 Beginning Computers, Senior Center June 4 Personal Touch -Small Group Personal Fitness Training, Senior Center June 4 Tae Kwon Do, Senior Center June 5 Beginning Guitar, La Quinta Senior Center June 5 Intro to Classical Guitar, La Quinta Senior Center June 5 Intermediate Belly Dancing, La Quinta High School June 5 *Microsoft Word (4 classes) June 5 *Beginning Watercolor June 5 *Introduction to the Computer June 5 Adobe Photoshop Elements 2 Advanced Course, Senior Center June 6 Feel Better Now With Feldenkrais, Senior Center June 6 Mastering Microsoft Word, Senior Center June 6 Adobe Photoshop Professional Version, Senior Center June 6 Watercolor Painting w/ Mixed Media, Senior Center June 6 *Sketching & Drawing June 6 *Watercolor painting w/ Mixed Media June 6 *Intermediate & Continuing Italian June 6 *Come Laugh ... The Summer Away ... In a Cool Place June 7 Adobe Photoshop Elements 2 Introductory Course, Senior Center June 7 The Nature Depot, Senior Center June 7 Beginning Belly Dancing, La Quinta High School June 7 *Introduction to the Internet June 7 *Social Ballroom & American Latin Dance June 7 *Tai Chi Chuan June 7 Ballroom Dancing, Senior Center June 9 La Quinta Summer Golf Tour, Escena Golf Club 36L June 11 Baby Signs Parent Workshop, Senior Center June 11 Beginning/Intermediate Jazz/Theater, Senior Center June 12 *Introduction to Word Processing June 14 *Salad Days Luncheon June 14 *Introduction to E-Mail June 16 La Quinta Summer Golf Tour, Tahquitz Creek, Legend Course June 18 Dance, Play & Pretend, Senior Center June 18 Sign, Say & Play Class, Senior Center June 19 *Word Processing Level 2 June 19 *Digital Photography June 19 *Learn to Make Jewelry June 19 *Writing for Beginners June 21 Beginning Ballet, La Quinta High School June 21 Dance, Play & Pretend, La Quinta High School June 21 *Photo Edit 1 June 21 *Files & Folders June 23 La Quinta Summer Golf Tour, Mountain Vista Sun City, San Gorgonio June 23 Getty Museum Excursion June 26 *Photo Edit 2 June 26 *Printshop Publishing (2 classes) June 28 * Photo Edit 3 June 28 *Mature Driver Training June 30 La Quinta Summer Golf Tour, Woodhaven Country Club June 30 Open Air Cinema Event, Civic Center Campus *Daytime Senior Center class or activity W_ 36 1 Community Services Department Attendance Report for the Month of April 2007 Summary Sheet Program 2007 2006 Variance Sessions Per Month 2007 2006 Leisure Classes 82 63 19 46 24 Special Events 4076 1859 2217 6 5 Adult Sports 498 321 177 29 18 Senior Center 1338 1262 76 104 114 Total 5,994 3,506 2,489 185 161 Senior Services Senior Center 271 384 -113 19 23 Total 271 384 -113 19 23 Sports User Groups La Quinta Park Use AYSo 120 330 -210 19 24 F C La Quetta 15 0 15 8 0 LQ Sports & Youth 1001 120 -20 17 20 Sports Complex LQ Sports & Youth 1100 1400 -300 25 20 Facility/Park Rentals Library Multi -Purpose Room 1900 450 1450 15 4 Classroom 1100 300 800 22 5 Senior Center (Private Party) 800 450 350 5 4 (Church) 375 300 75 5 5 Civic Center (Private Party) 300 300 0 3 3 Park Rentals La Quetta Park 400 350 50 8 7 Fritz Burns Park 0 100 -100 0 2 Total 6,210 4,1001 2,1101 127 94 1 Total Programs 12,475 7,9891 4,4861 331 278 Volunteer Hours Senior Center 1 308 356 -48 Total Volunteer Hours 1 3081 356 -48 3C. Community Services Program Report for April 2007 2007 2006 2007 2006 Participants Partici ants Variance Meetings Meetings Leisure Classes Watercolor & Collage 4 0 4 2 0 Beginning Bellydance 14 7 7 4 4 Intermediate Bell dance 5 1 4 2 2 Dance, Play & Pretend 22 15 7 8 2 Kickboxing Boot Camp 5 4 1 7 1 Microsoft Excel 15 01 15 4 0 Intermediate Computers 9 3 6 4 2 Tee Kwon Do 4 0 4 12 0 Beginning Ballet 4 4 0 3 2 Totals 82 34 48 46 13 2007 2006 2007 2006 Participants Participants Variance Meetings Meetings 25th Anniversary Special Events Fishing Derby at Lake Cahuilla 435 0 435 1 0 Library Book Signing Event 225 0 225 1 0 Community Picnic 1000 650 350 1 1 Concert & Fireworks Show` 800 90 710 1 1 Golf Tournament at SilverRock 116 0 116 1 0 Special Events Annual Egg Hunt 1500 400 1100 1 1 Totals 1 4,0761 1,1401 2,936 6 3 " Fireworks show not provided last year 2007 2006 2007 2006 Participants I Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 215 211 4 12 16 Fitness Center 123 0 123 12 0 Adult Soccer League 160 110 50 5 2 Totals 498 321 177 29 18 Recreation Totals 1 4,6561 1,4951 3,1611 81 1 34 w4,r� 3G- Monthly Revenue Report for April 2007 Monthly Revenue - Facility Rentals 2007 2006 Variance Library 1 $ 8,055.00 $ 1,625.00 $ 6,430.00 Senior Center $ 4,175.00 $ 3,357.50 $ 817.50 Parks $ 780.00 $ 1,380.00 $ (600.00) Sports Fields $ 240.00 $ 30.00 $ 210.00 Monthly Facility Revenue 1 $ 13,250.00 $ 6,392.50 $ 6,857.50 Monthly Revenue Senior Center $ 7,507.00 $ 6,346.59 $ 1,160.41 Community Services* $ 2,039.00 $ 3,319.00 $ (1,280.00) La Quinta Resident Cards** $ 3,645.00 $ 8,550.00 $ (4,905.00) Fitness Cards $ 220.00 $ - $ 220.00 Total Revenue $ 13,411.00 $ 18,215.69 $ (4,804.59) Revenue Year to Date Facility Revenue $ 80,717.00 $ 40,811.50 $ 39,905.50 Senior Center $ 78,673.87 $ 94,908.59 $ 16,234.72) Community Services $ 43,310.00 $ 59,548.00 $ (16,238.00) La Quinta Resident Cards $ 32,970.00 $ 47,160.00 $ (14,190.00) Fitness Cards $ 2,645.00 $ - $ 2,645.00 Total Revenue to Date $ 238'315.87 $ 242,428.09 $ (4,112.22) * Due to the 25th Anniversary events this year, there was not an Adult Easter Egg Hunt or excursions scheduled for this month; last April, the Egg Hunt and 2 excursions brought in a combined $1, 668 in revenue. ** Resident cards went to a 3-year membership via City Council's decision as of January 2006. Therefore, revenue this year decreased due to less renewals. 3��- Senior Center Attendance Senior Center Program Report for April 2007 Participation Participation Variance Meetings Meetings 200 2006 2007 2006 Senior Activities ACBL Bride 336 296 40 4 4 Bridge, Duplicate/Social/Party 412 410 2 18 16 Monthly Birthday Party 35 20 15 1 1 Monthly Luncheon 69 82 -13 1 1 Movie Time 40 42 -21 4 4 Multi -Generational Talent Show 70 50 20 1 1 Senior Activity Total 962 900 62 29 27 Senior Leisure Classes Ballroom Dance 31 17 14 4 4 Computer Classes 22 23 -1 8 6 Exercise 39 43 -4 13 12 Golden Tones 51 46 51 4 3 Hooked on Loops 18 9 9 5 4 Italian 21 10 11 4 2 Mat Pilates 5 5 0 4 4 Quilting 42 41 1 4 4 Sketch & Draw 31 9 22 4 4 Spanish 11 0 11 4 0 Tai Chi / Tai Chi Arthritis 14 5 9 4 4 Tap 15 23 -8 4 8 Ukulele Players 23 0 23 4 0 Watercolor 27 25 2 4 4 Woodcarvers 24 23 1 4 4 Yoga for Health 2 0 2 1 0 Senior Leisure Classes Total 376 279 97 75 63 TOTAL SENIOR PROGRAMS 1338 1179 159 104 90 Senior Services AARP Tax Assistance 38 56 -18 4 5 American Red Cross Emerg. Prepard 7 0 7 1 0 FIND Food Distribution 152 199 -47 4 4 Financial Advisement 1 0 1 1 0 Hearing Consultation 1 0 1 1 0 HICAP 6 6 0 2 2 1 1 D Energy Assistance/No fee 17 47 -301 2 4 Legal Consultation 6 6 0 1 1 LIHEAP & EAP 10 0 10 1 0 Mature Driver Training 11 9 2 1 1 Notary Services 3 0 3 1 0 Volunteers 19 21 -2 n/a n/a TOTAL SENIOR SERVICES 271 344 -73 19 17 SENIOR CENTER TOTAL 1609 1523 86 123 107 37 . a 2007 2006 Variance Volunteer Hours Senior Center 308 356 -48 ' Volunteer Total: 308 356 -48 Revenue Senior Center Revenue $7,507.00 $6,346.59 $1,160 41 Revenue Total: $7,507.00 $6.346.59 $1,160.41 Apr-0 *Revenue is down due to fewer Bridge Lesson classes offered for the Winter/Spring 2007 season *There_were only 3 Bridge Lesson Classes this season due to a new instructor Last year we had 10 Bridge Lesson classes beginning in January and ending In May 3i, Parks Items of Interest For April 2007 A block wall has been installed in the men's restroom at La Quinta Park. This wall is to replace a partition that was damaged due to vandalism. Repairs have been made to the water feature at La Quinta Park. These repairs were necessary due to heavy use of the facility. The repairs included, cleaning and adjusting the water jets, replacing the tree base, and securing a small section of the safety matting that lifted from the water pressure. The tennis court lights were repaired at Fritz Burns Park. Vandals broke the two motion sensors that work in conjunction with the timers to keep the lights on while the courts are being used. All of the burned -out bulbs were replaced as well by the electrical contractor. A light pole at the Sports Complex has been malfunctioning over the past few weeks. The electrician finally found the problem to be faulty wiring going under the concession building. He corrected the problem be replacing the wires that extend under the building. A painting contractor was selected to paint the fences and arbors at Fritz Burns Park. The work is was scheduled and completed in time for the 251" Anniversary Picnic. The painting contractor is also being used to resurface the decking around the Fritz Burns Pool. This work is scheduled to be completed by the season opening on Memorial Day Weekend. _� 373 DEPARTMENT REPORT: MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: May 3, 2007 RE: Public Works Department Report for April 2007 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. Timot y R. AJonasson" Public Works Director/City Engineer F Z W Z Q ga � O 3Y LL Op �3 UV J m CL a a U) fA J iE 0 N 0 � N N J oa �g V w W H Z W N F V 31 N f 0 O CL w z 0 2 U) w U Q w 2 W DY U J = FU Z Ma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F 0 O 0 O 0 O 0 O 0 O 0 O 0 N 0 f9 0 O 0 O 0 O 0 O 0 O 0 N 0 O 0 O 0 f9 0 0 0 0 6 0 0 0 6 0 0 0 $ t0th 19 Vi f9 Mf919 N N O e9f9 �� Mn f9 f9 No � � HH�O Cl O r w w N LL Y W S ZQU J a w o W =J a F�(nZ W F - to :) Wm= Jj ZmWX0jZZrcxEMxa FXO W jj0 W O m J FF�F Nf/1 J J fAz a W J J z� n1 ¢ O � z O a w N g O O a W i C O m n U W QQ¢¢¢ KUUUO U O O a W� ��g�Z��?wdDaZzz"33o to MaLL-a.mc)<Z yggd XQ W a M C9 a O m w W 0 fw/1S��go�v wo 0 0 0 wo O_ w zo W N z z z z LL Z Z J U p LL_ LL_ lwi. 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G W D N w d F Z 00N V O TOM n O Q y Z W W2 O w j>O ~ W�a ZM2 J Q�g W 0',- H W J W H ~ UtnLL a��o00 3`i- MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: April, 2007 Employee's Hourly Labor Breakdown Crew#1 Crew#2 Crew#3 Maint. Mg. Code Activity 4 Men 4 Men 2 Men 1 Man Total 100o 1001 Policing/inspection PotHole -Repair/Patching 53 12 64 20 0 0 11 1 128 33 1002 Crack/Joint-Repair 0 0 0 01 0 1003 Pavement Marking/Legends 0 0 0 01 0 1004 1 1005 Pavement Marking/Striping Curb Painting 8 0 6 0 0 0 1 0 15 0 1006 Other Traffic Controls 14 35 0 0 49 1007 Curb & Gutter Re ir/Const. 0 8 0 0 8 1008 Other Concrete Re airs/Const. 0 9 0 0 9 Street Sign Install New 0 7 0 0 7 Street Sign Repair/Maint Debris Removal 44 17 7 38 0 0 1 3 52 58 N10221 Right of WayMaint. 0 47 56 0 103 CLEAN Catch Basin InleVOutlet 0 0 0 0 0Rondo Channel Outlet Vault 5 0 0 0 5 Desert Club Outlet/Vault 4 0 0 1 5 1023 S.D./D.W./C.B. Repair/Maint. 0 123 0 1 124 1024 Gutter/Median Sand Removal 0 171 0 0 17 1025 Street Sweeping Machine 93 3 0 0 96 1026 Street Sweeping Hand 6 0 0 0 6 1027 SidewalkBike Path Cleaning 3 0 7 0 10 1028 Dust Control 6 0 0 0 6 1029 1 Flood Control 0 0 0 0 0 1031 1 Parks/ReterrUon Basins Inspection/Clean 1 32 41 0 74 1041 Irri Weeding, Shrubs & Tree Trimming 8 9 73 6 96 1051 Landsca eAni ation Contract Managemer 0 0 49 13 62 1052 LighfingfElectrical Contract Management 0 0 0 13 13 1061 Small Tools Re air/Matnt. 0 0 0 0 0 1062 Equipment Repair/Maint. 9 D 0 0 9 1063 Vehicle Repair Maint. 10 9 0 1 20 1081 Trash/Litter/Re able Removal 0 15 22 0 37 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 147 62 14 7 230 1084 Maint. Yard BuildingMaint. 22 24 0 2 48 1085 Seminars/Training0 0 0 0 0 1086 Special Events 0 5 32 0 37 1087 Citizen Complaints/Requests 76 0 0 0 76 1088 Meeting 19 39 12 38 108 1089 Office Phone, paperwork, reports, Misc. 19 28 6 531 106 SUBTOTAL 5761 6071 3121 1521 1647 1091 1 Over Time 261 36 8 0 70 1094 Ju D 0 0 0 0 1095 1 Sick Leave 40 33 8 8 89 1096 lVecation 24 0 0 0 24 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 0 0 SUBTOTAL 90 69 16 8 183 TOTAL HOURS 666 676 328 160 1830 TOTAL MILES 1 3657 3238 1526 245 8666 � 9 C-0 ' � L" Y C�,m3. 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C O O O y d 0)f0 co md Department Report: 9 LA UI TA P@LICI Served by the Riverside County Sherffs Department Police Department Monthly Report April -- 2007 Prepared for La Quinta Police Departmetlt SIGNIFICANT ACTIVITY REPORT Captain Walter Meyer Chief of Police (Number in parenthesis denotes number of calls for service that day.) 04/O1 Sunday (68) 0245 hours- Dep. Bloomquist investigated a report of an assault with a deadly weapon. Dep. Bloomquist contacted two victims, Armando Gonzalez and Alex Pena, who had been injured in an altercation near Eisenhower Dr. and Ave. Montezuma. Pena and Gonzalez had driven themselves to the hospital and their injuries are not considered life threatening. 0635 hours — Dep. Trower conducted a vehicle stop at SR111 X Washington. The driver, Joe Waldner, was arrested for driving under the influence and booked into the Indio Jail. 1431 hours — Dep. Bonaddio arrested Francisco Benitez at Home Depot fbr shoplifting. Benitez was also found to have had two felony warrants for previous violations, he was booked into the Indio Jail. 1825 hours - Dep. Knight investigated a commercial burglary at the Target store. Store security reported that Adrian Sandoval had been observed stealing merchandise and had left on a bicycle. Sandoval was located nearby and detained. The stolen property was found in his possession along with liquid Methamphetamine. Sandoval was booked at the Indio Jail for commercial burglary, possession of Methamphetamine and violation of felony probation. 04/02 Monday (82) 0015 hours - Dep. Scholfield and Cpl. Navarro arrested Lisa Marie Arisrnendez for driving under the influence. Arismenedez refused all field sobriety tests and chemical tests. She was booked at the Indio Jail and her vehicle was stored. 2250 hours — Dep. Alvarado responded to a traffic collision at Avenue 48 and Jefferson. Investigation determined that Amer Ecklund caused the three -vehicle traffic collision. Ecklund was also found to be driving under the influence of alcohol and was transported to the Indio Jail. 04/03 Tuesday (80) 0930 hours — SET team deputies arrested Steven Juarez and Ramon Gonzales for parole violations following a parole compliance check in the 53300 block of Avenida Rubio. Juarez was found to be in possession of an ice pick wrapped in tape, outfitted to be a weapon. Gonzalez was found in possession of a 3ft machete. Parole was contact and requested both subjects be taken to their office for violation and transportation to Chino. 1235 hours — Business District Dep. M. Covington arrested Abel Colorado for commercial burglary and possession of burglary tools following a report of a subject concealing CDs on his person inside the Target Store. Deputies made contact with Colorado as he exited the store and he was found to be in possession of stolen property. Deputies also found a knife that he had used to remove the packaging and sensor. Colorado was booked into the Indio Jail. 1949 hours- Cpl. Hughes investigated a commercial burglary at the Target store. Loss prevention called in reference to Alfonso Bacerra and Adelaida Castillo who were in the store. Bacerra and Castillo had stolen stereos and were known to also have done this at the Target stores in Palm Desert and Cathedral City. Bacerm was booked for commercial burglary. Castillo was booked for commercial burglary, theft with priors, and violation of probation. 04/04 Wednesday (64) 1300 hours- Investigators Nagels and Quintero arrested Terry Alan Gale for two outstanding felony warrants involving child molestation charges. 2113 hours — Dep. Drafton responded to an injury traffic collision on Washington St. and Village Shopping Center. Scott Stabolito was NB on Washington St. riding a motorcycle. Stabolito decided to "pop a wheelie" at 40 rrph. and collided with a vehicle that was stopped for a red light at Washington St and Village Shopping Center. Stabolito received moderate injuries and was transported to Desert Hospital for medical aid. The driver of the Camry was not injured. Stabolito admitted to drinking prior to the collision as well as having used methamphetamine. Stabolito was admitted into hospital due to his injuries. The case was submitted to the District Attorney for out of custody filing. 04/05 Thursday (8 1400 hours — SET team deputies arrested Eric Thompson, Dustin Martin, Christina Ruiz and Doreen Diaz following a warrant service in the 53600 block of Ave. Herrera. Eric Thompson was arrested and booked for possession of methamphetamine for sales and was found in possession of methamphetamine during a consensual search of his person. Dustin Martin was arrested and booked for two -felony violation of probation warrants. Doreen Diaz was arrested and booked for possession of drug paraphernalia. Christina Ruiz was arrested and booked for possession of methamphetamine for sales. She was also found to be in possession of methamphetamine and a scale. 04/06 Friday (83) 1300 hours — Dep. Bawdon responded to Calle Madrid x Avenida Velasco to investigate a traffic collision. A male juvenile was riding his bicycle and entered the intersection in front of an oncoming vehicle. The vehicle attempted to stop but collided with the juvenile. The juvenile sustained minor scrapes and bruises and was released to the care of his mother. 1330 hours — Deputies responded to the area of Avenida La Fonda x Desert Club Drive in reference to a female adult seen walking in the roadway, talking to herself and littering. The reporting person was an on - duty La Quinta Animal Control Officer. Deputies contacted Ocolia Purr), and she was very uncooperative, initially refusing to provide her name or any information Purry was handcuffed and detained in the backseat of a patrol car for her own safety. While deputies conducted further investigation, Purry kicked out the R/R passenger window of the patrol car. Purry was arrested for littering, resisting arrest and vandalism. She was booked at the Indio Jail. 2240 hours — Corporal Adams responded to a non -injury traffic collision at Jefferson and Pomelo. The investigation determined that Michael John Carey was driving under the influence. This was the third DUI arrest for Carey. Carey was transported to the Indio Jail and booked for driving under the influence of alcohol. 04/7 Saturday (92) 2025 hours- Dep. Nieburger contacted Adrian Garcia at Ave. 52 and Washington St, and arrested him for two warrants. Garcia was booked into jail. 2125 hours- Deputies responded to the 79300 block of Hwy l l l in reference to a suspicious vehicle. Deputies contacted Daniel Alcantar and Maurilio Anaya who were seated in the vehicle. Deputies saw, in plain view, what appeared to be illegal drugs. Found in the vehicle was individually packaged methamphetamine, marijuana and several hundred dollars in cash. Alcantar and Anaya were arrested and transported to Indio station where detectives took over the investigation involving the narcotics and money 04/08 Sunday (50) 0010 hours - Corporal Adams stopped Kevin Craig Austin for a traffic violation on Washington St. and Calle Tampico. Austin admitted to having been drinking and submitted to a series of Field Sobriety Tests. Austin failed the tests and was arrested for Driving Under the Influence and was transported to the Indio Station and was later booked into the Indio Jail for the violations of DUI. 04/09 Mondav (66 1628 hours- Dep. Orr arrested Deborah Dresser for shoplifting at Wal Mart. She was booked at the Indio Jail. 2005 hours- Dep. Feldman arrested Jorge Duarte for shoplifting at Home Depot. He was booked at the Indio Jail. 04/10 Tuesdav (8 0508 hours- Dep. Nieburger investigated a report of vandalism and possible stalking call in the 52900 block of Ave. Carranza. Lisa Gregory said that her estranged boyfriend, Mahmoud Ghasemi, arrived at her residence and broke out the front window. Gregory indicated there had been long term abuse and threats during their relationship. Ghasemi fled the area prior to the arrival of deputies. Dep. Nieburger obtained an Emergency Protection Order in behalf of Gregory and completed a "Stop and Arrest" order on Ghasemi for felony vandalism. 04/11 Wednesday (94) No Significant Activity 04/12 Thursday (97) 1155 hours — Set team deputies conducted a traffic enforcement stop at L4 Fonda x Hueneme. A vehicle was observed doing 360 degree "doughnuts" in the middle of the street. Officer's saw, in plain view, a smoking pipe and marijuana in a clear bottle in the back seat of the vehicle. Cody Allen Phillips was arrested and booked into the Indio Jail. 04/13 Fridav (79 1600 homy - Deputies responded to an "in progress" shoplifting call at the Kohl's Department store. When deputies arrived, the suspect fled on foot and was apprehended after a short pursuit. Deputies arrested Victor Fonseca Flores, who had been identified by detectives as the suspect in a previous robbery and attempted murder case at Wal-Mart where two employees were stabbed. He was arrested for the being a parolee at large, attempted murder and robbery from the previous case as well as commercial burglary and resisting arrest. 1620 hours — Dep. Reynolds responded to the 78900 block of Hwy. I I I (Wal Mart) in reference to a shoplifter in custody. Ryan Sven Mosier admitted to taking the bus to Wal Mart for the purpose of stealing items from the store. Mosier was transported to the Indio Jail and booked, for commercial burglary. 2100 hours — Dep. Russell responded to a suspicious person call in the 52100 block of Avenida Juarez. Robert Ordaz was contacted and was found to under the influence of methamphetamine. Ordaz was arrested and transported to the Indio Jail. -g _., 3 C 7 2400 hours — Dep. Feldman responded to Hwy. 111 and Washington St. in reference to a report of a reckless driver. Corporal Adams also responded and deputies contacted the driver of the vehicle, Jose Luis Olivares, who was found to be driving under the influence. Olivares was'transported to the Indio Jail and booked for driving under the influence of alcohol. 04/14 Saturdav (98 0314 hours — Corporal Adams was traveling WB on Fred Waring and Venus when he noticed a vehicle blacked out in the middle of the road. Corporal Adams contacted Jose Alfredo Arismendez Jr. who was found to be driving under the influence. Arismendez was transported to the Indio Jail. Arismendez refused all tests. 0438 hours — Deputies responded to the area of Highland Palms Dr. and Washington St. to investigate a report of gunshots being heard in the area. Officers located a vehicle parked near the corner of Highland Palms Dr. and Cameo Palms that appeared to have been shot at. Officers checked with the owner of the vehicle, who lived in the area, who stated he heard the shots but did not see anyone. 1920 hours — Dep. Russell responded to the 53800 block of Ave. Carranza in reference to a man down call. Samuel Heyman was found lying in the street and was determined to be intoxicated to the point he could not care for himself. Heyman was arrested for Public Intoxication and booked into the Indio jail. 1950 hours — Dep. Knight responded to the 79200 block of Horizon Pabns in reference to an unknown trouble call. Dep. Knight arrested Martinha Chamberlain for spousal abuse and assault with a deadly weapon. Chamberlain had struck her live in boyfriend with a mallet and chased him with a meat cleaver. Chamberlain also allegedly choked him No medical attention was requested. Chamberlain was booked into the jail. 2136 hours- Deputy Covington conducted a traffic stop at Washington and Highway 111 and arrested Margaret Hart for DUI. She was booked at the Indio jail. 04/15 Sunday (66 0026 hours — Dep. Russell responded to the 54300 block of Avenida Vehasco to investigate a burglary and the theft of computer equipment. A suspect has been identified and the investigation will continue. 0040 hours — Dep. Post responded to the 52600 block of Avenida Carranza regarding a report of an assault with a deadly weapon. Recquelle Ashlee Smith reported that a family friend had thrown a mailbox at her, but it missed her and broke her car windshield. Smith's father witnessed the alleged assault and reported that Smith made up the assault because she had broken the windshield herself. 0050 — Corp. Adams stopped a van for reckless driving in the area of Eisenhower Dr. and Hidden Canyon. Through his investigation, Corp. Adams determined that the driver, Neil Victor Anderson, was driving a motor vehicle while under the influence of an alcoholic beverage. He placed Anderson under arrest. 0140 hours- Dep. Russell responded to the 52900 block of Avenida Carranza regarding an act of vandalism He arrested Recquelle Ashlee Smith for breaking the front window of the residence. The victim made a citizen's arrest. Smith was booked at the Indio jail. 0800 hours — Dep. Adams responded to the area of Villeta and La Palma where several vehicles had been bit with eggs. Residents said they heard car alarms in the area about 0100 hours. Deputy Adams made personal contact with all of the victims he could locate and advised them to clean the egg off as soon as possible. 2239 hours- Dep. Knight arrested Jeannie Landreneaux for being drunk in public in the 55500 block of Pinehurst, La Quinta. U L 04116 Mondav (81 1400 hours- Deputies investigated a commercial burglary that had occurred at the Target Department Store Prior to the arrival of deputies, the suspects fled but were located and stopped by motorcycle officers. Investigation led to the arrest of Leticia Cruz for commercial burglary, Susan Rios for two outstanding felony arrest warrants and Reyna Clarice Sanchez for an outstanding felony warrant. Additional charges will follow once the video depicting the burglary is viewed by investigations. 1437 hours- Deputies Gaunt and Bernardino responded to a traffic collision on Palm Royale, north of Fred Waring Drive. Investigation determined that a male juvenile was riding a, bicycle southbound on Palm Royale and made a left turn in front of a vehicle traveling northbound on Palm Royale. The juvenile was struck and knocked off the bicycle. The juvenile sustained minor injuries, to his arms and legs and was transported to Desert Hospital for observation. 1645 hours- Cpl. Hughes and SET team deputies arrested a male juvenile in the 77800 block of Calle Sinaloa for a no bail juvenile warrant. The suspect initially fled to another residence but was later located hiding there. The suspect resisted and had to be subdued and restrained during the arrest. He received medical treatment and was booked at Indio Juvenile Hall. 04/17 Tuesdav (92 1830 hours- Dep. Ramsey handled a mentally disturbed person call in the 54800 block of Ave. Vallejo. A male juvenile had attempted to stab his mother with a knife. The mother locked herself in a bedroom and waited for deputies to arrive. The juvenile was located outside the residence holding a knife. He was taken to Oasis for a 72 hour evaluation. 2045 hours- Dep. Scholfreld and Cpl. Navarro handled a suspect information call reference Marcus Jonathan Bush. A report was received saying that Bush had an outstanding arrest warrant. Bush was located and it was confirmed that he did have a warrant for obstruction. Bush was arrested at his residence in the 51600 block of Ave. Diaz. 2200 hours- Dep. Scholfield and Cpl. Navarro handled a report of a burglary in the 51800 block of Ave. Obregon. Entry had been made through an unsecured window. Three television sets and items of bedding had been taken from the residence. A purse belong to a possible suspect,l-Ierlinda Romo, was located inside the residence. Romo was located and arrested by Dep. Butvidas for residential burglary. 04/18 Wednesday (72) 0040 hours- Dep. Reynaga investigated a report of spousal abuse in the 51000 block of Ave. Velasco. Jessica Nowoin said that her ex -boyfriend, Arthur Fernandez, choked her and threw her to the ground. Fernandez left the residence but was later stopped by Dep. J. Covington and was arrested for spousal abuse and booked at the Indio Jail. 0242 hours — Deputy Krachman responded to a single vehicle traffic collision on Avenue 52 and Madison. When deputies arrived they found the vehicle was unoccupied. Numerous deputies responded to the area and searched for the missing driver. Both sides of Avenue 52 between Monroe and Jefferson were searched for a possibly ejected or injured person but no one was found. Dispatchers checked with the local hospitals for any injured persons related to the traffic collision but no one was admitted. Deputy Ramsey responded to the registered owner's address in an attempt to contact the owner and found the house was vacant and under construction. 0420 Hours Dep. Ramsey responded to a suspicious circumstances call at the Shell station at the comer of SR 111 and Adams. The reporting person saw a subject running from the: front of the business to the rear. Dep. Ramsey located the subject and found him to be intoxicated. It was determined that the subject had also thrown beer bottles through several of the front windows of the business. Jorge Cisneros was arrested for felony vandalism. Dep. Ramsey checked the area and located a semi -automatic handgun and a single 36 round for the weapon. At the jail, Cisneros was found to have the same type of round in his pocket. Additional felony charges of taking ammunition into a correctional facility were filed. The handgun had altered serial number, fingerprints were located, and the weapon was submitted to forensics for processing. 1003 Hours: Dep. Kothlow conducted an enforcement stop of an asphalt slurry truck at Miles and Seeley. The truck had never been registered and was 26,000 pounds over weight. Both the driver and owner were cited and allowed to dump the existing load. After doing so, the vehicle was taken out of service. The City of La Quinta building and safety department was notified in reference to it being a contract vehicle. 1117 Hours Corp. Black responded to the 79800 block of Rancho La Quinta reference an unattended death. Henry Logan Roth had been found deceased by his wife. No signs of foul play or trauma were found. 1700 hours - Officers from the La Quinta Police Department, along with Investigators from the State of California Department of Alcohol Beverage Control, conducted a Decoy program to target illegal sales of alcohol to minors within the City of La Quints. Officer conducted compliance checks at a total of 18 locations throughout La Quinta. These locations included liquor stores, grocery stores, bars, and several local restaurants. Of the 18 locations, only one clerk from the Village Station (77985 Avenida Montezuma) sold alcohol to the underage decoy. The clerk was identified as Christopher Thaxton . 2241 Hours — Corp. Adams stopped a vehicle on Madison south of Avenue 54 for traffic violations. Linda Lee Carroll was found to be driving a motor vehicle with a BAC greater than.08%. She was taken into custody for the DUI and transported to the Indio Jail. 04119 Thursday (111) 2245 hours — Deputies responded to several calls of gunshots heard in the 52000 block of Avenida Carranza. Dep. Russell attempted to contact two subjects in front of a residence in the 52400 block of Avenida Carranza but they ran into the residence. After several minutes, Joe Arismendez exited the residence. Sgt. Hoyt attempted to gain consent from the homeowner to search the residence for any injured subjects. The homeowner stated she would not let anyone inside the residence without a search warrant. Arizmendez became verbal with deputies and was placed under arrest for public intoxication. Arizmendez was transported to the Indio jail. 2250 hours — Dep. Telles, was patrolling the 52000 Block of Avenida Carranza when he made contact with several subjects walking in the street. Investigation led to the discovery and seizure of marijuana, scales, and sandwich bags. Nicholas Iglesias admitted possession of the items add was arrested for possession of marijuana for sales. Iglesias was transported to the Indio jail. 04/20 Friday (81) 1530 hours — SET team deputies conducted a vehicle check in the 52400 block of Ave. Rubio. Deputies obtained consent to search the vehicle which resulted in the recovery of marijuana and a glass pipe. Jennie Rosales and Jessica Shoemaker were issued a citation for the violation. 1850 hours-Dep. Russell responded to a hit and run investigation at Calle Colima and Avenida Juarez. He arrested a male juvenile who was booked into juvenile hall. 2000 hours — SET Team deputies observed a vehicle driving at a high rate of speed and running stop signs in the area of Avenida Obregon and Calle Chihuahua. Deputies stopped the vehicle and made contact with Howard Yackee. Deputies detected the odor of alcohol. and he was booked into Indio Jail for DUI. 2345 hours — Dep. Knight contacted a female juvenile at Calle Colima and Ave. Juarez. The juvenile was arrested for an outstanding wan -ant out of San Diego for robbery. The juvenile was booked into Juvenile Hall. 04/21 Saturday (73) 1215 hours- Dep. Trower responded to a shoplifting call at Costco. He arrested William Lee Scott, Stephanie Angelina Carillo and a 15-year old juvenile for shoplifting. The adults were cited and released at the scene and the juvenile was released to his sister. 04122 Sunday (58) 2300 hours- Dep. Feldman arrested Aurelio Media for a felony burglary warrant following a traffic stop at Calle Tampico and Eisenhower Dr. 04/23 Monday (77) No Significant Activity 04/24 Tuesday (65 1815 hours — Dep. Covington responded to Home Depot regarding a suspicious person call. Dep. Covington contacted Abel Colorado and arrested him for a felony theft warrant. Colorado was booked into Indio jail. 2154 hours — Deputies Reynaga and Smith responded to the 53200 block of Avenida Obregon in reference to a report of a juvenile brandishing a weapon at his younger sister and a,juvenile neighbor. The juvenile had threatened the two victims and refused to let them leave the residence. The juvenile was arrested and transported to Juvenile Hall where he was booked for brandishing and false imprisonment. 2313 hours — Dep. Ramsey responded to the 52100 block of Avenida V olasco in reference to a suspicious person. Upon arrival, Dep. Ramsey saw two subjects quickly walking away from a vehicle parked across from the location. While attempting to contact the subjects, Dep. Ramsey saw one subject throw an object over the wall of a residence. After detaining the subject, a male juvenile, Dep. Ramsey located a loaded 380 semi -auto handgun in the yard where the juvenile had thrown it. The second suspect, Ricardo Bernal, returned to the scene and was arrested for public intoxication. The juvenile was transported to Juvenile Hall and booked for possession of a loaded firearm, possession of a firearm with the serial number removed, and resisting arrest. 04/25 Wednesday (86 0012 hours- Dep. Krachman handled a suspicious person call in the 51700 block of Ave. Velasco. A female juvenile was located in the side yard of the residence with injuries consistent with a sexual assault. The victim's parents were notified and responded to Eisenhower Medical Center. 0423 hours- Dep. Knight handled a single vehicle traffic collision on Hwy. 111 at the entrance to The La Quinta Cliff House. The driver, Carroll Harming, swerved to miss an animal in the roadway. She lost control of her vehicle, drove up the side of mountain base and rolled her vehicle. Harming was found to be driving under the influence. She sustained minor injuries and received Medical treatment at JFK Memorial Hospital and was later booked at the Indio Jail. 04/26 Thursday (93) 0059 hours- Dep. Russell investigated a sexual assault in the 51900 block of Ave. Ramirez. The victirn, called the sheriffs department to report that she had been sexually assaulted by her boyfriend. The victim alleged that her boyfriend had assaulted her while they were in her vehicle in the driveway of her residence. As Dep. Russell prepared to take the victim to the hospital for a medical exam, she became uncooperative, refused to go with him and returned to her residence. 3 0145 hours- Dep. Post investigated a shooting call in the area of Washington St. and Calle Tampico. The victim, an admitted gang associate, was driving south on Washington St'approaching Calle Tampico. A vehicle pulled along side of him, the driver cursed at the victim and the passenger pointed a gun at him. The victim accelerated in an attempt to lose the second vehicle but lost control of his vehicle and crashed at Calle Tampico and Park Dr. The victim fled from his vehicle and the suspect vandalized the victim's vehicle. 1145 hours — Deputies Bawdon and Reynolds responded to the area of Desert View Ct. x Desert Crest in reference to a report of a suspicious vehicle driving in the area. The repotting person advised there were three subjects in the vehicle drinking beer and smoking marijuana. Deputies saw the vehicle pull into the driveway of a residence located in the 45200 block of Desert Air. A computer check revealed all three subjects were on probation for various violations. A consent search of the vehicle and the residence where one of the subjects lived resulted in the recovery of marijuana (10 grams), methamphetamine (7.5 grams), hypodermic needles and a scale. Zachary Tones was arrested for possession of marijuana for sales, methamphetamine, possession of hypodermic needles, and violation of probation. He was booked at the Indio Jail. 1350 hours — Dep. M. Covington responded to Kohl's in reference to a report of a burglary in progress. With the assistance of Dep. Reynolds, Ulises Salizar and Laura Carranza were arrested for stealing an assortment of clothing and jewelry valued at over $250.00. The property was recovered and returned to Kohl's. C.S.O. Fowler transported both subjects to the Indio Jail. 1645 hours — Traffic Dep. Gaunt completed a follow-up investigation of a hit and run collision that resulted in injuries to a motorcycle rider. Traffic Dep. Gaunt obtained a felony arrest warrant through the District Attorney's office and arrested Brian Christopher Rodvelt for the injury hit and run collision and driving without a license. Rodvelt was booked at the Indio jail. 04/27 Friday (86) 0126 hours - Corp. Adams stopped Leonel Rodriguez Flores at Avenue 52 and Jefferson. Flores was arrested for DUI and was booked at the Indio jail. 0725 hours Deputies Trower and Hendry responded to a report of a suicide in the 57500 block of Black Diamond. Terrance Grand Niemiec, deceased, had been found by his girlfriend in the garage of the residence. Investigations was notified and responded as well as the deputy coroner. It was their conclusion that it was an act of suicide as no signs of foul play or trauma were observed. 1105 hours Deputies Reynolds and Donowho responded to a disturbance in the 77700 block of Calle Arroba . They arrested Scott Madigan for public intoxication and possession of less than an ounce of marijuana. He was transported to the Indio jail. 1422 hours - Deputies Donowho and Reynolds responded to the 79900 block of Highway 111 to investigate a report of a man with a gun. They arrested Federico Verdugo, Juan Zuno and Martha Verdugo for commercial burglary. No gun was located. CPS was called and took custody of a two year old girl. All three were booked at the Indio jail. 2045 hours — SET Team deputies arrested Joel Escalera for violation of probation and being a felon in possession of ammunition following a probation compliance check in the 51800 block of Avenida Juarez. Escalera is suspected of being involved in recent home burglaries. 04/28 Saturday (91) 1330 hours- Dep. Trower responded to a shoplifting call at Wal-Mart. He arrested a female juvenile for commercial burglary. The juvenile was released to her mother at the scene. rl..,. 3 J 1945 hours — Dep. Knight arrested Ysrael Infante for public intoxication in front of Wal-Mart. He was taken to jail. 04129 Sunday (53) 1018 hours — Corp. Hughes and Dep. Berry responded to the 77200 block of Calle Ensenada to investigate a report of an attempted sexual assault. They contacted the victim who said she had been assaulted on the Bear Creek Trail. She said she had been jogging on the trail and someone had grabbed her and she had been thrown to the ground. The victim resisted her attacker and he fled from the scene. She suffered minor physical injuries and was treated at the scene. She had her friends accompany her to the hospital for further treatment. 2010 hours — Dep. Nieburger responded to the 78500 block of Avenida Illflmo to investigate a report of spousal abuse. Dep. Nieburger arrested Salvador Valencia. Valencia was booked into Indio jail. 04/30 Monday (93) 1030 hours — Deputies Ltishia and Adams responded to Wal-Mart regarding a suspicious item found by employees. The item was a light bulb containing an unknown type jell or liquid. HDT responded and called for assistance from CDF HAZMAT. They disposed of the item without incident, using the rernmel operated robot. The item was found to be non -explosive and not hazardous. TOTAL CALLS FOR SERVICE: 2,406 3J: Sgt. Matt Jimenez Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team April 2007 Corporal Ruben Perez Deputy David Alexander Deputy Damen Butvidas Summary of Activity for the Month of April 2007 Type of ACtivit # of Incidents Type of Adtivit # of Incidents Programs 2 Bicycle Patrol 0 Vehicle Checks/Stops 40 Arrest Warrants S6rved 8 Pedestrian Checks 35 Search Warrants 0 Follow-ups 5 Parole Searches 25 Citations Issued 11 Arrests/Filings 37 Acting on information developed through a citizen contact, SET Team Deputies initiated an investigation of a residential burglary in Rancho Le Quinta. As a result, three individuals were arrested for residential burglary, vehicle theft and possession of stolen property. Approximately $15,000.00 in stolen property was recovered. Maintaining active follow-up investigations of past crimes is an established priority of Sgt. Matt Jimenez and the La Quinta SET Team. Such investigations led to the solving of two past crimes during the month of April. SET Teem deputies arrested one individual for possession of stolen property related to a vehicle burglary. A follow-up contact at a residence in the La Quinta Cove led to the arrests of two individuals for possession of methamphetamines as well as possession with the intent to sell. SET Team Deputies are currently conducting active investigations on several cases and anticipate arrests and/or additional charges to be filed on several individuals. _V_., 33� CITY OF LA QUINTA Traffic Services Team Repoli April 2007 Summary of Activitv Type of Activit Nu ber of Incidents Speed Violations 62 Fail to Yield 2 Turning Violations 11 Calls for Service & B/U's 54 Red light 33 Stop Sin 1 Lane Change Violation 2 Seat Belt Violations 22 Child Seat Violations 7 DUI Arrests 13 Misdemeanor Arrest 10 Felony Arrest 1 Warnings 50 Tows 21 Injury T/C 0 Non -injury T/C 3 Suspended DL 29 Non -Moving 97 Total Citations 209 39� Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report April 2007 Summary of Activity Type of Activi Nu ber of Incidents Criminal Reports 4 Non -Criminal Incidents 1 Arrests 0 District Attorney Filings 3 Y.A.T. Referral 3 Vehicle Checks 1 Pedestrian Checks 4 Follow -Up 2 Truancy 1 1. 1 received one report of a theft of a cell phone from the boys locker room during the month of April. No suspect information was available and the investigation has been suspended. 2. During the spring break, April 4 through 8, 1 worked with Dep. Moore to prepare for the upcoming summer boot camp program. Interest in the boot camp has been encouraging. 3. Two student involved fights were reported. In each incident, the victim sustained moderate injuries. The suspects in both cases were referred to Y.A.T. and charges were filed with the District Attorney's Office. 4. One student was located off campus during classroom hours and was cited for truancy. for being truant. 5. A student was found to be in possession of a knife on campus. Charges were filed with the District Attorneys Office and the student is facing expulsion from school. 6. One student was found to be heavily under the influence of an intoxicating substance. He was taken to the hospital for emergency medical treatment. J.. 39t Deputy Kevin Moore La Quinta MS Paige MS Truman ES Adams ES Franklin ES CITY OF LA QUINTA School Resource Officer Report April 2007 Summa of Activity Type of Activity Number of Incidents Reports 8 Arrests 2 Traffic Stops 3 Business Checks 8 Truant 0 Vehicle Checks 7 Follow-up 6 Pedestrian Checks 7 YAT Referral 1 District Attorney Filings 1 Citations 1 Investigated a report of a LQHS student making threats towards other students. Following the "Kids With Guns" protocol, I arrested the student for making terrorist threats. I intervened in two situations with parents to keep the peace. School staff informed me that they had seen a male student, 7 to 8 years of age, running away from campus towards a nearby apartment complex. I located a 6 year old at home who explained that he had forgotten his homework and didn't wont to get into trouble. I released the student to his mother. I conducted a probation search at a student's home and recovered property stolen during a burglary in La Quinta. Charges will be filed with Juvenile Probation. Presented a summer boot camp presentation during the La Quinta 25th Birthday program at Fritz Burns Park. Four student applications were received as a result. Several complaints have been received from the staff at the YMCA regarding students from LQMS being responsible for vandalism and ongoing disruption at the location. I have con- ducted daily patrols in the area to curb such conduct. CITY OF LA QUINTA Business District Deputy Report April 2007 Deputy Marlayna Covington bUMMary OTACEIVIFY Type of Activit Number Business Management Contacts 10 Investigations 7 Suspects Arrested / Charged 5 SIGNIFICANT ACTIVITY 1. Working cooperatively with Alcohol Beverage Control investigators I coordinated a juvenile "decoy" program to combat the illegal sales of alcohol to minors, We contacted seventeen businesses and only one sold alcohol to the juvenile. 2. 1 planned and moderated the first ever business "Loss Prevention Meeting". Eighteen individuals attended the meeting which was designed to develop a cohesive working relationship among loss prevention staff and managers. Riverside County Deputy District Attorney Talbert was the guest speaker. Future meetings will be held every two months. 3. 1 assistred SET Team deputies in a residential burglary which led to the arrest of three suspects and the recovery of approximatley $15,000.00 of stolen property. 4. A wanted flyer, including photograph, I had prepared led to the recognition and subsequent arrest of an attempted homicide suspect. The suspect had stabbed two business employees and was considered armed and dangerous. Deputies found a knife in his possession at the time of the arrest. 5. Leads developed in my investigation of a commercial burglary led to the arrest of a suspect who is thought to be involed with a large group of thieves who have been committing thefts at numerous stores along the business district cooridor. 6. It was my pleasure to help provide security to Gen. Colin Powell and other dignitaries at the ceremony to name the La Quinta Boys and Girls Club after President Gerald Ford. 39, CITY OF LA QUINTA .,.,mmunity Programs Coordinator Report April 2007 Thomas Fowler Community Service Officer II Summary of Activity Type of Activity Number Crime Prevention Articles and Reports 3 Community Programs 3 Community Meetings Attended 2 C.P.T.E.D.Inspections 1 Neighborhood Watch Meetings 6 Patrol Duties 30 hrs. 1. Shared with Deputies Moore, Mc Fadden and Yocum in presenting a law enforcement display at Fritz Burns Park a8 part of the 25th birthday celebration for the City of La Quinta. Sgt. Martello was instrumental in securing the resources needed for the presentation which was very well received by the community. Coordinated with Valley Crime Stoppers to provide a $750.00 cash reward for an anonymous informant who provided information leading to the solving of a residential burglary and the recovery of a significant amount of stolen property. 39 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report April 2007 Meet Your Volunteers -- Mrs. Ann Jordan Ann Jordan is a familiar face among the La Quinta Police Department volunteers as she completed her volunteer training in October, 2003 and has been an active member ever since. Ann's initial assignment was to staff the Community' Policing Office, however, her exceptional organizational skills soon earned her a transfer to the Indio station of the Riveside County Sheriffs Office. Ann has been a valued volunteer assigned to the property room where she has helped in defining operating procedures, organization and numerous computer tasks as needed. During the time frame of October, 2003 and December, 2006, Ann has donated 1,365 hours of volunteer service. Summary of Activitv Community Policing Office Number I Citizens On Patrol Number Monthly Volunteer Hours 216 Comm nity Events 2 Hours YTD 877 Business Checks 42 Hours 4/03 to Present 11,901 Traffic Control 2 CPO Monthly Visits 114 Courtesy Notifications 26 CPO YTD Visits 512 Public Assists 0 CPO Visits 4/03 to Present 8,078 Neighborhood Patrol 19 Vacati n Checks 21 Patrol Hours 71 YTD Patrol Hours 429.5 Hours /06 to Present 805.5 ``` 39 CITY OF LA QUI'NTA Community Service Officer Report April 2007 C.S.O. Monica Santillanes C.S.O. Lisa Land Summary of Activity C.S.O. Monica Santillanes is pleased to share that she is expecting her first child. As a result, and per department policy, she has been placed on light duty. C.S.O. Santillanes will be assigned to clerical and administrattive duties until the completion of her maternity leave. C.S.O. Lisa Land completed the Community Service Officer training academy. Held at the Ben Clark training facility, the academy covered 72 hours of first aid training, CPR training, defensive tactics, report writing skills, traffic investigation and management. C.S.O. Land has been on special assignment throughout the month of April and is looking forward to returning to patrol duty in mid May. �' 3 9 CITY OF LA QUINTA Post 503 Explorer Report April 2007 Corporal Andy Gerrard Post 503 "Hostage Negotiation Team" with the 3rd Place trophy earned at the 2007 Tactical Competition sponsored by the Chandler, AZ Police Department. Team members are: (L to R) Karla Flores, Sid Miramontes, Ryan Buonarigo, Marcos Coronet and Luz Martinez. Post 503 Explorers continue to develop their skills through a systematic monthly training program as part of their meetings held on Wednesday from 5:00 pm. -- 7:30 p.m. at the Riverside County Sheriffs Office, 82-695 Dr. Carreon Blvd. Indio. For information about the Explorer program, contact Corporal Andy Gerrard at 760-863-8990. Post 503 Explorers acted as underage decoys as part of a LQPD operation to combat illegal sales of alcohol beverages to minors. Post 503 Explorers volunteered at five community events, serving as traffic and crowd control, as a Department Report: LA' Ul TA P@LICI Served by the riverside County Sherifs Department Crime Statistics Summary March -- 2007 Prepared for F � Ek PART 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison .- March CRIME March March YTD 2007 YTD 2006 2007 y006 AGGRAVATED ASSAULTS 6 2 11 7 BURGLARY 59 53 132 148 BURGLARY - VEHICLE 14 28 43 70 DOMESTIC VIOLENCE 11 16 28 41 HOMICIDE 0 0 0 0 NARCOTICS VIOLATIONS 25 20 74 40 ROBBERY 4 5 8 10 ROBBERY - CAR JACKING 0 1 0 1 SEX CRIME FELONY 3 3 6 7 SEX CRIME MISDEMEANOR 3 1 7 4 SIMPLE ASSAULTS 13 8 27 32 THEFT 65 122 188 325 VEHICLE THEFT 15 13 38 53 TRAFFIC CITATIONS 218 450 930 986 T/C NON -INJURY 44 31 115 89 DUI 13 7 37 14 T/C INJURY 8 13 30 41 T/C FATAL 0 0 0 0 CITY OF LA QUINTA DISPATCH INFORMATION —March 2007** TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 4.6 9 ROUTINE 10.93 1,446 ** Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 40i Crime Distribution Table Mar-07 % of Total Mar-06 % of Total 1 AGGRAVATED ASSAULTS 6 2.7�% 2 0.74% 2 BURGLARY 59 27.66% 53 19.49% 3 BURGLARY - VEHICLE 14 6AN 28 10.29% 4 DOMESTIC VIOLENCE 11 5.o5% 16 5.88% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 25 11.47% 20 7.35% 7 ROBBERY 4 1.83% 5 1.84% 8 ROBBERY - CAR JACKING 0 0.00% 1 0.37% 9 SEX CRIME FELONY 3 1.30% 3 1.10% 10 SEX CRIME MISDEMEANOR 3 1.3$% 1 0.37% 11 SIMPLE ASSAULTS 13 5.980/. 8 2.94% 12 THEFT 65 29.62% 122 44.85% 13 VEHICLE THEFT 15 6.86% 13 4.78% Total 218 97.25% 272 99.26% CITY OF LA QUINTA March 20(37 Crime Distribution 70 — 59 60 50 40 30 --45 - --- 20 t Il 10 3 0 0 0 a w w <o x <z w w a y < >cC)i �> rix �� t7l x z ram �� w w �x cb y ay r x� �a z,� a� Wit, '""�� C< a ;n 7C;o po > y MI h' ty > z y 4G.- Month to Month Crime Comparison - March a March 2007 o March 2006 140 ._- 120 100 so ?s� O28 I(}6— 8 Fin 0 y� tin A ceA Ora 3 �,� m AO mX a3 ea x Year to Date Crime Comparison - March =YTD 350 300 - 250 - 200 150 100 Ar 50 0 p n 0 en m Month to Month Traffic Activity Comparison - March a March 007 500 �— _......_. 400 I 300 218 200 — 100 4413 7 8 13 0 0 0 TRAFFIC TIC NON -INJURY DUI TIC INJURY TIC FATAL CITATIONS Year to Date Traffic Activity Comparison - March =YM2006 1200 986 1000 — 800 ___..._. 600 — 400 200 115 Rg 37 14 30--41- 0 TRAFFIC PC NON -INJURY DUI PC INJURY TIC FATAL CITATIONS 40 Willi U-111A7 1000 500 0 Month to Month Calls for Service Comparison February 2007 1455 M Total Non -Criminal Crimival © 07-kbr 0106-Iuti3r Year to Date Calls for Service Comparison 8000—.-..w--.- 7000 6780 94 6000.__ 5000 4000 3875 11 YTD 2007 co YTD 2006 30002905 2380 2000 1000 g oil. Total Non -Criminal Criminal Presented by: Department Report /D City of La Quinta Fire Department Quarterly Report Dorian J. Cooley Battalion Chief _V._.. 40 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells 41 Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 o (909) W-6900 • Fax (909) 940-6910 May 7, 2007 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quints for January 1 through March 31, 2007. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quints Calls: • Medical Aids 474 • False Alarms 116 • Structure Fires 10 • Vegetation Fires 0 • Rescues (accidents, entrapments) 93 • Other Fires (vehicle, refuse, etc.) 22 • Public Service Assists 52 (Non -emergency assistance) • Fire Menace Standby 20 (Fuel spill, gas Teak etc.) Within this month's attachment are several photo's of our Fire Explorers. We currently have 14 active members, based out of the North La Quinta Fire Station. In order to become an Explorer, a youth must be 14 years old, enrolled in high school, and maintain a "C" average or greater with good citizenship. The students are trained in basic fire department operations, much like our volunteer firefighters. Many of the certifications they receive are applicable towards volunteer qualification, and ultimately are skills they will use if they choose a fire service career. Respectfully Submitted, John R. Hawkins County Fire Chief By. Dorian J. Cooley Battalion Chief 16 La Quinta City Fire Responses Quarter Totals ;al Responses ® False Alarms ® Structure Fire 0 Vegetation Fires ❑ Rescues ® Other Fires ® Public Service Assists • Fire Menace Standby January-07 February-07 March-07 Totals Medical Responses 162 137 175 474 False Alarms 42 33 41 116 Structure Fire 5 2 3 10 Vegetation Fires 0 0 0 0 Rescues 29 30 34 93 Other Fires 10 1 3 1 9 22 Public Service Assists 17 18 1 17 52 Fire Menace Standby 8 7 5 20 TOTALS 273 230 284 787 40 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ❑ 2007 ® 2006 AN sc� d T. 7 °os �0s `Os Off°^ A6/c �.� �� So odd ssfs 06y First Quart@r 2007 2006 Medical Responses 474 433 False Alarms 116 86 Structure Fire 10 8 Vegetation Fires 0 3 Rescues 93 94 Other Fires 22 17 Public Service Assists 52 25 Fire Menace Standby 20 19 TOTALS 787 685 snrzoo7 z 4�r 1 � Ili ItI I I tl I I I 1:... , i II`I i I i 1, JOA IW1. III � �S t 11 u 1 IQ � � 1 1 At it a � 1 y.�' �y I i , f sa;�y f % I �v- Right: Explorers and Firefighters worked together during a recent fundraiser at Baskin Robbins. In addition to a large donation by the Baskin Robbins Corporation to the National Fallen Firefighters Foundation, our own Explorers received over $450.00 in donations and "tips". Below: La Quinta Units along with one of our Hazardous Materials Teams investigate illegally dumped containers in the neighborhood south of City Hall. ilw i La C,y� F �c�J ow5 COUNCIL/RDA MEETING DATE: May 1 5; 2007 ITEMTITLE: Public Hearing to Consider an Appeal of the Planning Commission Approval of Site Development Permit 2007-881, Conditions No. 22 and 26. Appellant: R. T. Hughes & Co. LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council upholding the (Planning Commission's action approving conditions and findings for Site Development Permit 2007-881 . FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project Proposal On July 5, 2005, the City Council approved Tentative Tract Map (TTM) 33597, which subdivided 22.97 acres into 57 single-family residential lots as well as lots for retention, landscaping and private streets. The final tract map is now proceeding through the plan check process, and the applicant requested that the homes' architecture and project landscaping be considered for approval under Site Development Permit (SDP) 2007-881 (Attachment 1). On April 10, 2007, the Planning Commission reviewed the SDP, and placed Conditions of Approval on the project, including Condition No. 22, which eliminated the water feature at the corner of Avenue 60 and Madison Street, and Condition No. 26, which limits the amount of turf at the corner of Avenue 60 and Madison Street to no more than 50% of the landscaping in this area (Attachment 2). During the imeeting, Planning Commission discussion and dialogue with the applicant focused Upon these two conditions as Commissioners questioned the intent and purpose of the lake portion of the water feature, and the need for the amount of turf being proposed. The Planning Commission action was based upon the following key points: • Energy and resource conservation ■ Ability for adjacent lots to directly view access lake and turf ■ Ability for residents to access lake and turf ■ Ability to view lake and turf from project perimeter Appeal Request The applicant's letter outlines the grounds for the appeal of the following two conditions: ■ Condition #22, which reads "The water feature shall he eliminated.' The applicant argues that the water feature is: a) an aesthetic value for the project, necessary to establish the project as an "upscale neighborhood;" b) a source of irrigation water for the site, to be used to irrigate the balance of the project's landscaping; c) a location for common area recreation for all residents. ■ Condition #26, which reads "Landscaping at the corder of Avenue 60 and Madison Street, to the project entry, shall be limited to no more than 50% in turf, and the balance in drought tolerant plant materials. " The applicant states the project complies with CVWD landscaping standards, and the turf area comprises only 20% of the entire perimeter landscaping for the project. The applicant also states the use of turf has been concentrated at the entry, and nowhere else on the project perimeter, in an effort to enhance the aesthetic of the project at the entry (Attachments 3 and 4). ANALYSIS: Project Design As previously stated, the subject property is proposed to be developed as a single-family residential community of 57 residences. The design calls for two access points from Avenue 60 with the main entry located approximately 4$0 feet west of the Avenue 60 and the Madison Street intersection. The northeast section, comprising of approximately two acres, contains the project's retention area and the majority of the water feature. The landscaping plans call out a significant amount of turf and desert landscape. The application material provided with TTM 33597 did include preliminary landscaping information that generally depicted landscaping and a water feature similar to the landscaping plans submitted with the current SDP (Attachment 5). However, landscaping was not included as part of the TTM approval. The applicant has stated the goal of the design of this northeast section was to view the lake from Madison Street. At its closest point, the lake is approximately 40 feet from Avenue 60 and 220 feet from the Avenue 60 and the Madison Street intersection. The lake is approximately six feet lower than Avenue 60 and approximately 12 feet lower than the adjacent lots (Attachment 1, Page 5). A three-foot high garden wall exists to the southwest of the lake with two portions of the water feature located on the high side that fall into the lake. The applicant has identified a combination wrought iron and concrete masonry unit (cmu) yard wall for the abutting lots 0 -7) as well as along Avenue 60. This wall design combined with site grading will limit views of the retention and lake area from Avenue 60 and the abutting lots. Planning Commission Action In considering this application, the Planning Commission focused upon the purpose and intent of the lake segment of the water feature as well as the need for the amount of turf proposed in the northeast segment of the subject property. Staff and the Architecture Landscaping Review Committee recommended conditions that identified a reduction in turf and the lake size. Though identified by the applicant as an entry or frontage feature, Commission Members expressed concern about the lack of ability to view the lake from Avenue 60 and the neighboring residences, lack of pedestrian access to the lake and turf area, as well as proposing such a large water feature and turf area when drought conditions exist. General Considerations Regarding Water Conservation The applicant has stated that the City does not have "written water policies." Though the General Plan is silent on specific water efficiency policies, Municipal Code Section 8.13, "Water Efficient Landscaping", was adopted in 2003 to specifically address the need to conserve water (Attachment 6). The purpose of this Municipal Code Section is as follows: "A. The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the intent of this chapter to implement the requirements of the state of California Water Conservation in Landscaping Act, Statutes of 1990, Chapter 1145 (AB 725). B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. " It is important to note that the standards established in the Municipal Code are provided as maximum water use standards. That is to say that although a project cannot exceed the water usage requirements shown in the Municipal Code, the City does have the discretion to require more stringent water conservation, if it believes the water usage is excessive, or that additional conservation is appropriate without affecting the project. In this case, the Planning Commission clearly determined the amount of turf and the size of the water feature were in excess of what was necessary to make the project aesthetically pleasing. The Planning Commission acted within its discretion, by including Conditions #22 and #26 as a way of reducing water use within the project, while still 4Ii .. ' respecting the applicants desire to provide an aesthetic consistent with Southern Spain. The City's Code on landscaping irrigation efficiency is modeled after the Coachella Valley Water District's model ordinance. However, since the City does not require applicants to provide water efficiency calculations until final plan check, staff cannot determine whether the project, as currently designed, complies with our standards. The applicant, during the Planning Commission hearing, repeatedly stated that the landscaping plan complies with CVWD standards, but did not state whether the plan complies with the City's requirements. Condition #22 The applicant states the water feature is required as an aesthetic value to help create the "upscale community" they envision that is consistent with Southern Spain. Although this may be valid from the developer's marketing perspective, the Planning Commission and City Council have recently approved several projects where water features were much smaller or not included in the entry landscaping. These projects appear to have been as successful as those which have provided water features in their entries. These projects also use considerably less water than those which do include a water feature combined with large turf areas. In the appeal letter, the applicant states they will use CVWD irrigation water for the water feature, not potable water. The applicant did not state to the Planning Commission, ALRC or staff that the water to be provided in the water feature was to be irrigation water (non -potable water, not fit for domestic use), as stated in the appeal letter. It is uncommon for a single-family subdivision that does not include a golf course and/or large open space to install a dual irrigation system; potable water for general irrigation and non - potable water for a water feature. It is unknown whether this would have influenced the Planning Commission's decision. Both in the appeal letter and testimony provided at the Planning Commission meeting, the applicant stated the water feature, and the turf area which adjoins it, will be a recreational amenity where residents will walk their dogs, view the water feature and allow children to play. The project details, however, show the lake and turf area as being isolated from the project, insofar as it backs up to the rear walls and fence of individual lots which will not have direct access. Landscaping and grading plans show access would be limited to one point provided at the east side of the main entry. However, the applicant's representative recently informed staff that a second access point is now being proposed between Lots 7 and 8. This information was not provided to the Planning Commission nor represented on any exhibits that have been provided to City staff. During the April 10, 2007 meeting the Planning Commission expressed their concerns about water conservation, and asked the applicant if they were willing to consider.a reduction in the water feature, so as to create the look of a stream, rather than a pond on the property. The applicant did not concur with the concerns raised, ultimately responding to the Planning Commission that if they were going to reduce the size of the water feature, they "might as well eliminate it." The northeast area is first and foremost designed to be a retention basin for the site, and therefore has a "bowl" shape design that is approximately six to 12 feet lower than its surroundings. The design of the entry landscaping can accommodate the function required for the retention basin while still providing an attractive and aesthetically pleasing entry for the project. Condition #26 The applicant states the perimeter landscaping for the project as a whole constitutes 20% turf. The Condition of Approval, as recommended by the Architecture and Landscaping Review Committee, and endorsed by the Planning Commission, was to reduce the turf in the northeast segment so that it represented no more than 50% of the landscaping in that specific area rather than the perimeter landscaping (Attachment 7). Staff would estimate that based on the landscape exhibit provided (Attachment 1, Page 10), it appears that the corner treatment consists of approximately 65% turf, 15% water feature, and 20% drought tolerant plantings. As with the discussion about the water feature, the Planning Commission's concern was that the project would be more water efficient if the turf were reduced. Although the applicant stated the water requirements for the project meets CVWD's maximum allowable water consumption calculations, the Planning Commission was requesting the applicant reduce turf and thereby use less water in an effort to provide a more water efficient project. Additionally, the applicant has identified in his appeal letter that the CVWD landscape guidelines state that "large turf areas shall be found only in areas of maximum human contact." Though a pathway was originally identified on rough grading plans, the landscaping information and latest grading plans do not reflect this. At the Planning Commission meeting, the applicant's landscaping consultant identified that a pathway will be installed and pedestrian access will be provided to the turf area. As previously stated, the Water Efficient Landscaping section of the Municipal Code provides a standard which cannot be exceeded for water use, but the City has the discretion to apply more stringent standards when it believes they are appropriate. In this case, the Planning Commission determined the turf area at the corner of Avenue 60 and Madison Street contained an excessive amount of turf, and the limitation would improve the project's water efficiency. Public Notice This case was advertised in the Desert Sun newspaper on May 5, 2007. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no comments have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council upholding the Planning Commission's action approving conditions and findings for Site Development Permit 2007-881; or 2. Accept the applicant's appeal request and direct staff to prepare a Resolution overturning the Planning Commission's action and granting the appellant's request to eliminate Conditions of Approval Nos. 22 and 26 with the additional requirement that the proposed water feature/pond utilize non -potable irrigation water; or 3. Provide staff with alternative direction. Respectfully submitted, L Douglas 130tvans, Assistant City Manager/ Interim Community Development Director Approved for submission by: �r Thomas P. Genovese, City Manager Attachments: 1 . SDP 07-881 11x17 Graphics Booklet (excerpt) 2. April 10, 2007 Planning Commission Minutes (excerpt) 3. Appeal Letter from Applicant dated April 18, 2007 4. Planning Commission's Conditions of Approval (excerpt) 5. TTM 33597 — Site Plan Exhibit 6. La Quinta Municipal Code Section 8.13 7. Staff Report for SDP 2007-881 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2007-881, ALLOWING DEVELOPMENT OF 57 SINGLE- FAMILY HOMES AND ASSOCIATED LANDSCAPING AT THE SOUTHWEST CORNER OF MADISON STREET AND AVENUE CASE NO.: SITE DEVELOPMENT PERMIT 2007-881 APPLICANT: R. T. HUGHES CO., LLC WHEREAS, the City Council of the City of I a Quinta, California, did on the 15T" day of May 2007, hold a duly noticed Public Heading to consider an appeal by R.T. Hughes Co. LLC, regarding Conditions No. 22 and 26 of Planning Commission Resolution 2007-015; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10T" day of April, 2007, hold a duly noticed Public Hearing to consider the request of R.T. Hughes Co. LLC for review of a Site Development Permit to allow the construction of 57 single-family homes on 22.97 acres located at the southwest corner of Madison Street and Avenue, more particularly described as: Ii JOiL:% Ialexilti WHEREAS, the Architecture and Landscaping Review Committee for the City of La Quinta did, on the 4t' day of April, 2007, at a regular meeting, recommended approval of the proposed project, by adoption of Minute Motion 2007- 009, subject to conditions of approval; 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 find the following facts and reasons to justify upholding the approval of the Planning Commission action on said Site Development Permit: The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Low Density Residential land use designation, and supports the development of a variety of housing types within the City. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance, as conditioned, which establishes development standards for the project. City Council Resolution No. 2007- Site Development Permit 2007-881 R.T. Hughes Co. LLC Adopted: 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. 4. The proposed Site Development Permit is consistent with approved Tentative Tract Map 33597. 5. The proposed Site Development Permit, as conditioned, is consistent with and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby uphold the decision of the Planning Commission approving Site Development Permit 2007-881 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 15T" day of May 2007, by the following vote, to wit: AYES: NOES: /e11-1-1:111ts ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California City Council Resolution No. 2007- Site Development Permit 2007-881 R.T. Hughes Co. LLC Adopted: ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California A=Aff'rpcW i A6 3 f®[ tPt sS - s I � to ;� _ r II � � y� If .r M 1` I: y �r I ATTACHMENT #2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinte City Hall 78-495 Calle Tampico, La Quinta, CA April 10, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commissio was called to order at 7:00 p.m. by Chairman Paul Quill who asked ommissioner Engle to lead the flag salute. B. Present: Commissioners Ed Alder n, Katie Barrows, Rick Daniels, Jim Engle and Chairman Paul Quil. It was moved and seconded by Commissioners C. Staff present: Community evelopment Director Doug Evans, Assistant City Attorney Michael H ston, Principal Engineer Ed Wimmer, Principal Planner Wallace Nesbit, Assistant Planner Yvonne Franco, Planning Consultant Nicole Cri te, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OFAHE AGENDA: Confirmed. IV. CONSENT ITEM . A. Chairm n Quill asked if there were any changes to the Minutes of March 27, 07. There being no changes, it was moved and seconded by Cc issioners Alderson/Barrows to approve the minutes as submitted. U nimously approved. Commissioner Daniels thanked the Commission f r excusing him from the meetings he has had to miss. V. PUBLIC HEARINGS: A. Site Development Permit 2007-881; a request of R. T. Hughes Co., LLC ---�j for consideration of project architecture and landscaping for a 57 unit (/ single-family residential community located Southwest corner of Madison Street and Avenue 60. 1 . Commissioner Alderson excused himself due to a potential conflict of interest and left the dais. n ou cninaeo k.. ne:.a....11nn7%A 1n Al a,..m Planning Commission Minutes April 10, 2007 2. Chairman Quill opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked that Condition No. 24 have the last sentence regarding the location of the water feature deleted. 3. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if the water feature had been discussed with the applicant in terms of its necessity. Staff stated a recommendation was made for a reduction in size to the Architecture and Landscape Review Committee (ALRC), but the ALRC did not recommend the condition. 4. Commissioner Barrows stated she would like to see either the water feature deleted or reduced in size and ask how much turf is shown. Staff stated the applicant indicated it is less than 50% turf. Commissioner Barrows asked wlhy Condition No. 26 did not include a requirement for a "no turf" option. Staff stated a condition could be added. 5. There being no further questions of staff Chairman Quill asked if the applicant would like to address the Commission. Mr. Richard Hughes stated he and his team were available to answer their questions. 6. Chairman Quill asked if there were any questions of the applicant. Commissioner Engle asked about the color mix on the units. Mr. Hughes stated there would be wide variety. 7. Commissioner Daniels noted the Commission is not favoring water features due to the drought conditions that are throughout the State. His concern is whether the water feature pool could be scaled back as well as the amount of turf and the lake. Mr. Hughes stated the project was designed to have the look of Southern Spain. The name of the project "Malaga" is from Southern Spain as well. The front of their project will also have an impact on the entrance to the Travertine project. Mr. Mike Horton, HSA Architects, stated the calculations for the amount of turf along the entire perimeter of the project is only 25% and met the CVWD requirements. The lake has been reduced to work with the retention requirements. ib 2 Planning Commission Minutes April 10, 2007 8. Chairman Quill asked if the majority of the turf was located in the retention basin. Mr. Horton stated yes. The goal was to produce a view of the lake from Madison Street. Chairman Quill noted that the turf area at the corner of the Griffin Ranch project is not even seen. Mr. Horton stated this area will be seen. They added large fingers of drought tolerant plants to imake it visually interesting and to down play the amount of turf. (Chairman Quill asked if they had any objection to reducing the amount of turf. Mr. Horton stated they could slightly, but do not want to hurt the integrity of the design. Mr. Hughes stated they have been working with the Travertine project which has caused them to delay their project. They have also given an easement to Travertine to construct the roadway. 9. Commissioner Daniels asked if there were pedestrian accesses. Staff indicated the location of the pathway. 10. Commissioner Barrows asked what calculation they used to come up with 25% on the turf. Mr. Horton stated the calculations were based on the whole project. Commissioner Barrows stated the condition was written to require the corner to have less than 50% of turf and this appears to be over 50%. Mr. Horton stated they could reduce the area and add shrubs. This is the first time he has ever been approached with reducing turf on one section of a project instead of the project as a whole. Commissioner Barrows stated that in today's environment she would want to see the lake and turf reduced significantly more. Mr. Horton stated the water has to have a beginning and end. 11. Chairman Quill asked how Madison Street was approved. Staff stated there is a condition in the Tentative Tract Map regarding the size of the street with a five year improvement timeline. Madison Street is a Secondary Arterial in the General Plan and is planned to go through to the south. Chairman Quill stated that in the General Plan Madison Street does not show a multi -use trail from Avenue 58 to the levee and the Commission was certain that they would want a multi -use trail continue from the intersection of Madison Street and Avenue 58 to the levee. Nt was his understanding that this project was conditioned for a trail. This map does not show the trail going up and over the levee. When Andalucia comes back for the development west of Madison Street they will be conditioned to put the trail in. He wants to be sure that, this 4 project has a trail on Avenue 60, and/or Madison Street. Staff r a�nionnrm or F.1.........AOnn7\A 1n n, d.,.. 3 Planning Commission Minutes April 10, 2007 stated the tract was not conditioned for a multi -use trail on Madison Street. There is a multi -use trail conditioned on Avenue 60. The applicant in conjunction with the processing of the map has asked for a change to Avenue 60, which makes Avenue 60 west of Madison Street a private street. This will have a multi -use trail on Avenue 60. The trail is called out in the General Plan Map and the conditions for this permit reference those conditions. Plans have not been submitted for the redesign of Avenue 60, so staff has not seen the design yet. 12. Commissioner Barrows asked where the trail on Avenue 60 connects. Staff stated there is no place for it to connect at this time. 13. Chairman Quill stated there has to be a trail either on Madison Street or Avenue 60. As the east side is developed it is too late to add the trail on the east side, but the west side could be required. Staff stated there will be a trail on Avenue 60. As all the property owners on Avenue 60 have to agree to privatization of the street, staff cannot determine which side of the street it will go on until the plans are submitted. Community Development Director Doug Evans stated this street is a local street and it would come to the Commission for a General Plan determination and the street vacation would go to Council. Staff could require the applicant to bring back the preliminary design of the street. Chairman Quill asked if there was any significant objection to requiring a condition for a multi -use trail on Madison Street or Avenue 60. Mr. Hughes stated they have no objection. They have no objection to the trail being put on Madison Street. Community Development Director Doug Evans stated a condition could be added that the multi -use trail be required on Madison Street and when Avenue 60 street vacation comes forward, we can change the designation. Discussion followed regarding the location of the trail. 14. Commissioner Barrows asked if there were any features of the homes that lend themselves to energy efficiency or conservation. Mr. Dennis Danahey, architect, stated they have made the walls thicker and recessed the windows and added large overhangs. Solar reflectors to reduce heat gain as well as stone and brick. Passive solar will also be used. Mr. Horton stated that in regard to the non -turf options, they are instituting a number of the newer irrigation technology into the project. In regard to the pumps being used they are investigating their options. 4 r_.��n,onnrc�or nn......... 1wnm1 n +n n7 n.... Planning Commission Minutes April 10, 2007 15. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion of the hearing. 16. Commissioner Engle stated that as long as they could reach a solution to the turf, trail and water feature, he has no objection. 17. Commissioner Daniels stated his concern is only the water feature. He would have no objection to the elimination of the lake and the corner turf being reduced to 50%. 18. There being no further discussion, it was moved and seconded by Commissioners Barrows/Daniels to adopt Planning Commission Resolution 2007-015 to of Site Development Permit 2007-881, as recommended and modified: a. Condition 24: Last sentence deleted and multi -use trail along Avenue 60 or Madison Street added to the landscaping plan. b. Condition added: The water feature shall be eliminated and the corner landscaping reduced to 50% and adding a no -turf option for the front yard be added. ROLL CALL: AYES: Commissioners Barrows, Daniels, and Chairman Quill. NOES: Commissioner Engle. ABSENT: Commissioner Alderson. ABSTAIN: None. Commissioner Alderson rejoined the Commission. A. Site Development Permit 2007-882; a request of Fancher Development Services ml's Cafe for consideration of architecture and landscaping plans for a staurant located south of Highway 11, southeast of the Depot Drive i the Komar Desert Center. Chairman uill opened the public hearing and asked for the staff report. A istant Planner Yvonne Franco presented the information co ained in the staff report, a copy of which is on file in the Communit Development Department. 2. Chairman Quill ask if there were any questions of staff. Commissioner Daniels 'wked if this fronts onto Highway 111. Staff stated yes. There Is development in front of this pr-6ject. � J,l 5 l_d NlpnnnC\Dl` �n... ...H Onn7\A to K/ A— ATTACHMENT #3 Z w s J 1 tvt orvo R.T. HUGHES CO„ LLC April 18, 2007 City of La Quinta City Council 78-495 Calle Tampico La Quinta, California 92253 Planning Commission Resolution 2007-015 A part of the Application for Appeal of Findings and/or Conditions SUBJECT: APPEAL OF CONDITIONS OF APPROVAL ITEMS 22 AND 26 IMPOSED BY PLANNING COMMISSION ON SITE DEVELOPMENT PERMIT 2007-881 DATED 10 APRIL 2007 (ITEM 22 ELIMINATION OF WATER FEATURE AND ITEM 26 REDUC'TION OF TURF AT 60T" AVENUE AND MADISON STREET) GENERAL COMMENTS From the onset of the project the developer of this piece of property envisioned that Malaga Estates @ Coral Mountain would be a unique, upscale development that would meet or exceed features of homes in the surrounding area and offer to the public an alternative to golf course living. He understood that this would require not only a superior product but one that offered privacy and scenic amenities that are required in this area and upscale neighborhood. To accomplish this, the developer has chosen the southern Mediterranean Spanish City of Malaga as the focal theme of the development. This implies scenic Venus, Water, and Spanish architecture. FACTS SUPPORTING THE APPEAL OF ITEMS 22 AND 26. 1. Even before the tentative tract map was approved, we researched the City of La Quinta, Coachella Valley Water District (CV WD) and state requirements concerning water usage and restrictions. We found that the City of La Quinta currently has no written water policies that would impact our development plans and that the current published CVWD water use and restrictions would be the standards for the project. From the onset of the planning and development we have shown a water feature that enhances our overall development theme and provides the recreational and scenic amenities necessary to be successful at this level in the market place. As proposed to the Planning Commission, both the water feature and proposed turf areas are under the required standards set by CV WD. -+`..'., 78-900 AVE. 47, SUITE200 • LAQUINTA, CA92253 • PH. (760) 771-8$90 • PAX (760) 771-8891 1 City of La Quints City Council April 18, 2007 Page 2 of 3 2. The proposed lake and water feature is slated to use CVWD irrigation water as the primary source of water. This lake will serve as an irrigation lake for the turf areas on the north side of the project. This would eliminate domestic water use by approximately 50%. Conversely by eliminating the water feature, the use of domestic water will greatly increase. CVWD has stated to us that they would rather have Malaga use as much CVWD irrigation water as possible for irrigation purposes to offset the use of domestic water. This was never brought up or discussed at the Planning Commission meeting. 3. Any group that wants to develop in the City of La Quinta wants to work and cooperate with the City to produce a quality end product. When this happens, it's a plus for the developer, the City and the future home buyer. This has been our position over the last two years in the planning and development stages of this project. W e have spent a lot of time and money in architectural and landscape design to make this happen in this high -end neighborhood. With the elimination of the water feature and reduction of turf, this project does not meet the area standards and the overall building construction standards will have to be reduced to make this project financially viable. FACTS SUPPORTING THE APPEAL OF ITEM 22. The Planning Commission alluded that the water feature was only for aesthetic purposes which is not the case. The water feature was designed not only to compliment the beauty of the architecture but to be functional as a recreation and pleasure, area to be enjoyed by all of the development. Not only is it accessible by everyone but we have designed the lake so that fish could be added should the HOA desire. We envision this to be a place for a stroll or area to walk the dog. FACTS SUPPORTING THE APPEAL OF ITEM 26. Since we were aware of the cities policy towards reducing the amount of turf designed into project, we made a conscious effort to reduce the amount used at Malaga. We concentrated the use of turf on the exterior of the project and confined it to the corner of 60`h and Madison Street, or what we would consider the focal point of the project. This turf area represents only 20% of the entire project perimeter. The planning commission isolated the corner of 60`h and Madison Street and conditioned that area to be no more then 50% turf. This area also serves as a retention basin, all of which complies with CVWD's maximum allowable water usage requirements. We went to great efforts working with our engineer to reduce the size of the lake to ensure that the turf retention area does not appear as a retention basin, but more like a park. Per CVWD's general landscape guidelines `large turf areas shall be found only in areas of maximum human contact'. r, City of La Quinta City Council April 18, 2007 Page 3 of 3 CONCLUSION Finally, we feel that without any written City guidelines or standards, the Planning Commission's decision to eliminate these items was arbitrary and possibly even personal. The playing field should be level for all potential players. If the City is going to have a policy that no water features are allowed and the turf areas reduced to those lower than CVWD's requirements, this should be very clear in the planning stages of any potential development. We are committed to helping the City grow and meet its maximum potential. However, the years of huge increases in property values and the boom in construction has given way to a slow steady pace. Any development now has much tighter margins and last minute major changes like these could halt complete projects. Y urs truly, Ric and Hughes Enclosure - Check ATTACHMENT #4 Planning Commission Resolution 2007-15 Conditions of Approval Site Development Permit 2007-881 - RT Hughes Co. LLC April 10, 2007 20. No building permit shall be issued under this approval prior to recordation of Tract Map 33597. LANDSCAPING AND ARCHITECURE 21. The final landscaping plans for the slope adjacent to Madison Street shall include an access easement for maintenance of slope landscaping. (Z The water feature shall be eliminated. 23. The final landscaping plans for the slope adjacent to Madison Street shall include noise and retaining wall designs, the wall at the Madison Street right of way, and a complete landscaping plan for this area, to be submitted, reviewed and approved prior to issuance of building permits., 24. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project, including perimeter landscaping. 25. Final plans for the corner treatment shall be submitted for review and approval by the ALRC and Community Development Director when the design for Madison Street has been finalized. The corner treatment shall be amended to provide a dramatic focal point. The final plans shall include a multi -use trail either on Madison Street or on Avenue 60. 26. Landscaping at the corner of Avenue 60 and Madison Street, to the project entry, shall be limited to no more than 50% in turf, and the balance in drought tolerant plant materials. 27. Final landscaping for the individual front yards shall be redesigned to include minimal turf areas, berms, rock and boulder groupings, a "no turf option," and similar features to improve the design and provide a semi -custom look for the individual lots. 28. At a minimum, bench seating to accommodate at least 6 people shall be provided, under shade trees, in the central open space area opposite the entry. 29. Tile roofing shall be 2-part clay S-tile, with a random, hand -mudded finish. 30. Stucco finishes for the homes and perimeter walls shall be either smooth or cmocuments and Settingslcwalke&ocal SettingsJemporary Jnternet Files1OLK5BVSDP 07 881 COA.doc 4 ) {{ I % ` _U---- 40SJGVft= \ � / -yam —- — - —- �> j# 2] w: 'do "00 301S83AI8 blNlno Vl 30 Jdo NVICIN3W 2? 3SV9 ONI021MUS NVS '3LH 'S91 '££ N01103S */I MN S31VIS3 NId1Nnovq ivkioo s EEe $ I!$ &ARHato 31 s� ,r , I'i \ •�' I I 9 �a I Q 3 �o U � _ O b VI _W_, � 4 4 Chapter 8.13 WATER EFFICIENT LANDSCAPING ATTACHMENT 6 La Quinta Municipal Code Up Previous Next Main Collapse Search Title 8-BUILDINGS AND CONSTRUCTION Chapter 8.13 WATER_ EFFICIENT LANDSCAPING 8.13.010 Purpose and intent.,____ _,_._...____------ .____.____`._..___...-----_.. Print No Frames A. The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the intent of this chapter to implement the requirements of the state of California Water Conservation in Landscaping Act, Statutes of 1990, Chapter 1145 (AB 325). B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.020 Definitions. The words used in this chapter have the meanings set forth below: "Anti -drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Conversion faction (0.62)" means a number that converts the maximum applied water allowance from acre -inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: (325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons = one acre-foot 43,560 square feet = one acre 12 inches = one foot To convert gallons per year to one hundred cubic feet per year, the common billing unit for water, divide gallons per year by seven hundred forty-eight. (748 gallons = 100 cubic feet) "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall' means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. °- �t C "Estimated annual applied water use" means the portion of the estimated annual total water use that is derived from applied http://www.gcode.us/codes/laquinta/view.php?topic=8-8_13&showAll=l&frames=on 5/11/2007 Chapter 8.13 WATER EFFICIENT LANDSCAPING Page 2 of 11 water. The estimated annual applied water use shall not exceed the maximum applied water allowance. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. "ET adjustment factor" means a factor of 0.6 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.45 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.75. Therefore, the ET adjustment factor ('0.6) = (0.45/0.75). "Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.75. Greater irrigation efficiency can be expected from well -designed and maintained systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "Landscaped area" means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance" means for design purposes, the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop -ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, Wetting pavements, walks, structures, or other nonlandscaped areas. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.35, for moderate water using plants the range is 0.35 to 0.60 and for high water using plants, the range is 0.60 to 0.90. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which Show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor. http://www.gcode.us/codes/laquinta/view.php?topic=8-8_13&showAll=1 &frames=on 5/11 /2007 Chapter 8.13 WATER EFFICIENT LANDSCAPING Page 3 of 11 "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needsi to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of cool - season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. For purposes of this chapter, the following ETo zone map will be used. (See map attached to the ordinance codified in this chapter.) "Rehabilitated landscape" means any relandscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a 0.6 ET adjustment factor. "Runoff"means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. "Static water pressure" means the pipeline pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operates simultaneously. "Turf' means a surface layer of earth containing mowed grass with its roots. Perennial and annual ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conservation concept statement" means a one -page checklist and a narrative summary of the project. "Water feature" means any water applied to the landscape for nonirrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water. Note: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.030 Provisions new or rehabilitated landscapes. _______---__ ,________ _ _____� ___.._.._._...__._.___. _ ------ .---------- ... _ A. Applicability. 1. Except as provided in subsection (A)(3) of this section, this section shall Apply to: http://www.gcode.us/codes/laquinta/view.php?topic=8-8_13&showAll=1 &frames=on 5/ 11 /2007 Chapter 8.13 WATER EFFICIENT LANDSCAPING Page 4 of 11 a. All new and rehabilitated landscaping for private, public, commercial and governmental development projects that require a permit; and b. Developer -installed landscaping in single-family tracts and multifamily projects. 2. Projects subject to this section shall conform to the provisions in this section. 3. This section shall not apply to resident homeowner -provided landscaping at single-family residences. B. Landscape Documentation Package. 1. Each landscape documentation package shall include the following elements, which are described in subsection C of this section. a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; h. Soil analysis (optional); i. Certificate of substantial completion. (To be submitted by certified landscape designer, auditor or landscape architect after installation of the project.) 2. Three copies of the landscape documentation package conforming to this chapter shall be submitted to the city. No permit shall be issued until the city reviews and approves the landscape documentation package. Prior to preparation and submission of the landscape documentation package, the preliminary landscape design shall be approved by the planning commission. 3. A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. 4. Upon completion of construction, a copy of the water conservation concept statement and the certificate of substantial completion shall be sent by the project manager to the water management specialist of the water district and city/county having jurisdiction. C. Elements of Landscape Documentation Package. 1. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation statement similar to the following example. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. SAMPLE WATER CONSERVATION CONCEPT STATEMENT Project Site: Project Location: Landscape Architect/Irrigation Designer/Contractor: Case Number: Included in this project submittal package are: (Check to indicate completion) http://www.gcode.us/codes/laquinta/view.php?topic=8-8_13&showAll=1&frames=on 5/11/2007 Chapter 8.13 WATER EFFICIENT LANDSCAPING 1. Maximum Annual Applied Water Allowance: rage Dot r r Conventional Landscape: 100 cubic feet/year + Recreational Turfgrass Landscape: 100 cubic feet/year (if applicable) Total Maximum Annual Applied Water Allowance: 100 cubic feet/year 2. Estimated Annual Applied Water Use by Hydrozone: Turfgrass: 100 cubic feet/year Recreational Turfgrass: 100 cubic feet/year Exotic Trees/Shrubs/Groundcovers: Desert Plants: 100 cubic feet/year Water Features: 100 cubic feet/year Other 3. Estimated Annual Total Water Use: 100 cubic feet/year 4. Landscape Design Plan _5. Irrigation Design Plan _6. Grading Design Plan 7. Soil Chemical Analysis (optional) 100 cubic feet/year 100 cubic feet/year Description of Project: (Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water use.) Date: Prepared 2, The Annual Maximum Applied Water Allowance. a. A projects annual maximum applied water allowance shall be calculated, using the following formula: MAWA = (ETo) (0.6) (LA) (0.62) where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.6 = ET adjustment factor LA = Landscaped area (square feet) 0.62 = Conversion factor (to gallons per square foot) l,m,•//www_ncode.us/codes/laquinta/view.php?topic=8-8_13&showAll=1&frames=on 5/11/2007 Chapter 8.13 WATER EFFICIENT LANDSCAPING Page 6 of I 1 b. An example calculation of the annual maximum applied water allowance is: Project site: Landscape area of fifty thousand square feet in Zone No. 3a of the Coachella Valley ETo Map. MAWA = (ETo) (0.6) (LA) (0.62) (75.0 inches) (0.6) (50,000 square feet) (0.62) Maximum applied water allowance = 1,395,000 gallons per year, 1,865 hundred -cubic -feet per year (billing units), 4.28 acre feet/acre per year or 51.4 inches of water per year. 3. Estimated Annual Applied Water Use. a. The annual estimated applied water use shall not exceed the annual maximum applied water allowance. b. A calculation of the estimated annual applied water use shall be submitted With the landscape documentation package. c. The estimated annual total water use for each hydrozone is calculated from the following formula: EWU (hydrozones) = (ETo F) (HA)_(0 62)/748 (in 100 cubic feet) (IE) EWU (hydrozone) = Estimated water use (gallons per year) ETo = Reference evapotranspiration (i.e., ETo Zone 3a = severity -five inches per year) PF = Plant factor (see definitions) HA = Hydrozone area (square feet) (0.62) = Conversion factor (IE) = Irrigation efficiency (see definitions) 748 = Conversion to billing units (one hundred cubic feet) 4. Estimated Annual Total Water Use. A calculation of the estimated annual total hydrozone water use shall be submitted with the landscape documentation package. The estimated annual total water use for the entire landscaped area equals the sum of the estimated annual water use (EWU) of all hydrozones in that landscaped area. 5. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package. a. Plant Selection and Grouping. i. Any plants may be used in the landscape, providing the estimated annual applied water use recommended does not exceed the maximum annual applied water allowance and that the plants meet the, specifications set forth in subsections (C)(5) (ii), (iii) and (iv) of this section. ii. Plants having similar water use shall be grouped together in distinct hydrozones. iii. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged whenever it is consistent with the other provisions of this chapter. iv. Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from the fire marshal. b. Water Features. Chapter 8.13 WATER EFFICIENT LANDSCAPING Page / of t t i. Recirculating water shall be used for decorative water features. c. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies: i. Designation of hydrozones; ii. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, water use classification, container size, spacing and quantities of each group of plants indicated; iii. Property lines and street names; iv. Streets, driveways, walkways and other paved areas; v. Pools, ponds, water features, fences and retaining walls; vi. Existing and proposed buildings and structures including elevation, if applicable; vii. Location of all overhead and underground utilities; viii. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain; ix. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; x. A calculation of the total landscaped area; xi. Designation of recreational areas. 6. Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the landscape documentation package. a. Irrigation Design Criteria. i. Runoff and Overspray. Soil types and infiltration rate shall be considered When designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low -head drainage, overspray„ or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet. No overhead sprinkler irrigation systems shall be installed in median strips or islands. ii. Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.75. Mixed irrigation system types shall be designed, maintained and managed to meet or exceed an average of 0.75 efficiency. iii. Equipment. (A) Water Meters. Separate landscape water meters shall be installed for all projects except for single-family homes or any project with a landscaped area of less than twenty-five hundred square feet. (B) Controllers. Automatic control systems (solar or electric) shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Mechanical irrigation controllers are prohibited. (C) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. (D) Anti -drain (check) valves shall be installed in strategic points to prevent uow-head drainage. (E) Sprinkler Heads. Heads shall have application rates appropriate to the plant water use requirements within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, matched precipitation rate nozzles, operating pressure, adjustment capability and ease of maintenance. (F) Scheduling Aids: Soil Moisture Sensing Devices. It is required that soil moisture sensing devices be installed on all turfgrass sites exceeding 1.0 acres (forty-three thousand five hundred sixty square feet) of planted area. (G) Scheduling Aids: ETo Controllers. It is recommended that ETo controllers be considered for installation on all sites. (H) Equipment in Publicly Maintained Areas. Irrigation equipment in areas Which may or will be maintained by the city shall conform to specifications of the city. httn://www.gcode.us/codesilaquinta/view.php?topic=8-8_13&showAll=l&frames=on 5/11� /220 7 Chapter 8.13 WATER EFFICIENT LANDSCAPING Page zs of I I (I) Emitters. Emitters shall have application rates appropriate to the plant water use requirements within each control valve circuit. Emitters shall be selected for specific area coverage (individual plants), application rates, operating pressure, adjustment capability and ease of maintenance. b. Recycled Water. i. The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in the following subsection (C)(6)(b) (ii) of this section. ii. Irrigation systems shall make use of recycled water unless a written exemption has been granted by the water district having jurisdiction, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future. iii. Recycled water irrigation systems shall be designed and operated in accordance with all local and state codes and be applicable to all of the provisions of this chapter. c. Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones. The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan, The irrigation design plan shall accurately and clearly identify: i. Location and size of separate water meters for the landscape; ii. Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices; iii. Static water pressure at the point of connection to the water supply; iv. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station; v. Recycled water irrigation systems. 7. Grading Design Plan. Grading design plans satisfying the city/county grading ordinance and the following conditions shall be submitted as part of the landscape documentation package. a. A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan. b. The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade. 8. Soil Analysis. a. A soil analysis satisfying the following conditions should be submitted as part of the landscape documentation package: i. Determination of soil texture, indicating the available water holding capacity; ii. An approximate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate; iii. Measure of pH and total soluble salts. 9. Certification. a. A licensed landscape architect, designer of record or designated city staff shall conduct a final field observation and shall provide a certificate of substantial completion to the city. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed, and that an irrigation audit has been performed, along with a list of any observed deficiencies. b. Certification shall be accomplished by completing a certificate of substantial completion and delivering it to the city, to the retail water supplier, and to the owner of record. A sample of such a form, which shall be provided by the city is: httD://www.gcode.us/codesilaquinta/view.php?topic=8-8_13&showAll=1&frames=on 5/11�/2 07 Chapter 8.13 WATER EFFICIENT LANDSCAPING EXAMPLE CERTIFICATE OF SUBSTANTIAL COMPLETION Page 9 of I 1 Project Project Project Number: Preliminary Project Documentation Submitted: (Check indicating submittal) 1. Total Maximum Applied Water Allowance: (100 cubic feet/year) 2. Estimated Applied Water Use by Hydrozone: Turfgrass: 100 cubic feet/year Recreational Turfgrass: 100 cubic feet/year Exotic Trees/Shrubs/Groundcovers: 100 cubic feet/year Desert Plants: 100 cubic feet/year Water Features: 100 cubic feet/year Other 3. Estimated Total Water Use: (100 cubic feet/year) _4. Landscape Design Plan _5. Irrigation Design Plan 6. Grading Design Plan 7, Soil Analysis (optional) 100 cubic feet/year Post-histallation Inspection: (Check indicating substantial completion) A. Plants installed as specified _B. Irrigation system installed as designed _dual distribution system for recycled water minimum run-off or overspray Project submittal package and a copy of this certification has been provided to owner/manager and local water agency. Comments: -y 4 5 httn://www.gcode.uslcodesllaquintalview.php?topic=8-8_13&showAll=1 &frames=on 5/11 /2 007 Chapter 8.13 WATER EFFICIENT LANDSCAPING rage ry vi i i Uwe certify that work has been installed in accordance with the contract documents: Contractor Signature Date State License Number I/we certify that based upon periodic site observations, the work has been substantially completed in accordance with the Water Efficient Landscape Ordinance and that the landscape planting and irrigation installation conform with the approved plans and specifications. Landscape Architect Signature Date State License Number or Designer of Record or Designated City Staff I/we certify that I/we have received all of the contract documents and that it is our responsibility to see that the project is maintained in accordance with the contract documents. Owner Signature Date Note: Authority cited: Section 65594, Government Code. Reference: Section 65597, Government Code. D. Public Education. 1. Publications. a. The city, county or water district will, upon request, provide information to the public regarding the design, installation, and maintenance of water efficient landscapes. b. Information about the efficient use of landscape water shall be provided to water users throughout the community. c. The landscape architect will provide a site -specific landscape irrigation package for the homeowner or irrigation system operator. The package will include a set of drawings, a recommended monthly irrigation schedule and a recommended irrigation system maintenance schedule. d. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape irrigation package: i. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall: (A) Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for the station; and (B) Provide the amount of applied water (in hundred cubic feet) recommended on a monthly and annual basis. (C) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. (D) Whenever possible, landscape irrigation shall be scheduled between ten p.m. and five a.m. to avoid irrigating during times of high wind or high temperature. -" 45d. e. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package: httn://www.acode.us/codes/laquinta/view.php?topic=8-8_i 3&showAll=l &frames=on 55/�11//2007 Chapter 8.13 WATER EFFICIENT LANDSCAPING Page 11 of 11 i. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. ii. Repair of irrigation equipment shall be done with the originally specified materials or their approved equivalents. 2. Information shall be provided about designing, installing, and maintaining water efficient landscapes. Note: Authority cited: Section 65594, Government Code. Reference: Section 64497. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8._13.0.40Provisionsfor existingiandscapes._______....__-_ A. Water Management. All existing landscaped areas which exceed 1.0 acre (43,560 square feet), including golf courses, green belts, common areas, multifamily housing, schools, businesses, public works, parks, and cemeteries may be subject to a landscape irrigation audit at the discretion of the water purveyor if the water purveyor has determined that the annual maximum applied water allowance has been exceeded for a minimum of two consecutive years. At a minimum, the audit shall be conducted by a certified landscape irrigation auditor and shall be in accordance with the California Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990, Version 5.5).) B. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be prohibited. All broken heads and pipes must be repaired within seventy-two hours of notification. Penalties for violation of these prohibitions shall be established. Note: Authority cited: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.13.050 Fees for initial review_ and program monitoring (Optional). _ _-_........-. The following fees are deemed necessary to review landscape documentation packages and monitor landscape irrigation audits and shall be imposed on the subject applicant, property owner or designee. A. A landscape documentation package review fee will be due at the time of initial project application submission to the planning and development department. B. If a landscape documentation package is not submitted prior to the start of landscape construction work, for those persons required to submit a package, a late submittal fee of twice the review fee shall be! required. C. The city council, by resolution, shall establish the amount of the above fees in accordance with applicable law. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) - Decisions made by the planning and development director or public works director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the planning commission and thereafter the city council by an application in writing to the planning and development director and city clerk of the city council respectively within fifteen days from the date of notification of decision. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.13.070 Effective date. -- _... ..w.- ....- ---- ---- The ordinance codified in this chapter will become effective on December 2, 2003. All plans approved after December 2, 2003, are subject to the provisions of this chapter. (Ord. 392 § 3 (Exh. A) (part), 2003) 4 J �_ http://www.gcode.uslcodesllaquintalview.php?topic=8-8_13&showAll=1&frames=on 5/11/2007 ATTACHMENT #7 PLANNING COMMISSION STAFF REPORT DATE: APRIL 10, 2007 CASE NO.: SITE DEVELOPMENT PERMIT 2007-881 APPLICANT: R. T. HUGHES CO., LLC REQUEST: CONSIDERATION OF PROJECT ARCHITECTURE AND LANDSCAPING FOR A 57 UNIT SINGLE FAMILY RESIDENTIAL COMMUNITY LOCATION: SOUTHWEST CORNER OF MADISON ST. AND AVENUE 60 PROPERTY OWNER: R. T. HUGHES CO., LLC GENERAL PLAN/ ZONING DESIGNATIONS: LOW DENSITY RESIDENTIAL ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS REVIEWED THIS PROJECT UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT COMPLETED ENVIRONMENTAL ASSESSMENT 2005-541 FOR TENTATIVE TRACT MAP 33957. THE SITE DEVELOPMENT PERMIT IS CONSISTENT WITH THE TENTATIVE TRACT MAP, AND CONDITIONS HAVE NOT CHANGED. NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. SURROUNDING LAND USES: NORTH: AVENUE 60, PARTIALLY DEVELOPED SINGLE- FAMILY SUBDIVISION, VACANT DESERT LANDS, SINGLE FAMILY HOME SOUTH: BUREAU OF RECLAMATION LEVEE AND CHANNEL EAST: MADISON STREET, GOLF COURSE, SINGLE-FAMILY HOMES WEST: SINGLE-FAMILY HOME, BUREAU OF RECLAMATION LEVEE AND CHANNEL 1 BACKGROUND: On July 5, 2005, the City Council approved Tentative Tract Map 33597, which subdivided 22.97 acres into 57 single-family residential lots as well as lots for retention, landscaping and private streets. The residential lots were designed to be a minimum of 10,000 square feet. At that time, the applicant did not submit a Site Development Permit for the architecture of the homes and project landscaping. The tract map is now proceeding through the Public Works Department, and the applicant has requested that the homes' architecture and project landscaping be considered for approval. PROPOSAL: The Site Development Permit is requested for the individual homes' architecture, the common area landscaping and entry gate, and the individual lot front yards. The map layout has changed marginally from the approved map: an open space lot and pathway have been added immediately opposite the main gates, and a central mail pick-up area has been placed in the eastern quadrant of the site, with parking spaces. Architecture The applicant proposes three floor plans, each with three elevations, for a total of nine designs. Plans 1 and 3 are proposed to be two story units. Plan 2 is a single story model. Floor plans will range in size from 2,971 to 3,659 square feet. The variety of details provided in each plan assures that the "cookie cutter" look will be avoided in this case. Based on the number of elevations proposed, there should be no more than six of each home within the 5 7unit project (this may vary depending on customer requests for a particular elevation). The siting of the units meets the requirements of the Zoning Ordinance for all setbacks. The two story units are proposed to be up to 25 feet in height, also consistent with the Zoning Ordinance. The architectural style of the homes is to be Mediterranean. The applicant proposes a neutral color palette for the stucco walls, heavy wood windows and doors, wrought iron entry gates and accents, the roofs and stone or brick finishes. The type of roof tile is not specified in the materials provided!. The architecture includes arched windows and doors, tile accents and recessed and shuttered windows, to give the homes mass. Some of the plans have wrought iron grill work over the window openings; others include arches and stone walls. The varying elevations for each plan range from simple, clean finishes to highly decorated facades. 4 2 Landscaping The preliminary landscape plans submitted include both an over-all landscape plan for the entire site, as well as details for the main entry with water feature, interior mail pick-up area, central open space, and typical front yard landscaping. Landscaping throughout the project is consistent, from entry through front yards, and when complete should present a unified visual landscape for occupants and visitors. The landscape palette is typical of, and consistent with the City's drought tolerant landscaping requirements. Trees proposed include Acacia, Citrus, Palo Verde, Sumac, California Pepper and Date Palms. Shrubs include Bottlebrush, Cassia, Sage and Rosemary. The corner of Avenue 60 and Madison Street, which leads to the project entry, is proposed to be turf, and to include a water feature which will extend to the west side of the entry. A bridge is proposed at the entry over the water feature. The project will be required to demonstrate its compliance with the City's water requirements for landscaping. A six foot wall is proposed around the entire property, including a stone cap and stucco finish. In addition, on the Madison Street right-of-way, a wall will be located at the top of the slope, adjacent to the right of way. The walls are proposed to have a smooth stucco finish. Two interior open space areas are proposed. The first is immediately opposite the front entry, and is to be passive open space. The area will be a combination of turf and desert landscaping, consistent with the balance of the site. The area is accessible from the south via a pedestrian walkway between Lots 40 and 41. The area is conditioned to include bench seating for at least six people. In addition, a central mail pick-up area is proposed, which will include four parking spaces. The perimeter of this area, and the adjacent open space area, are also to be landscaped consistent with the balance of the site. ANALYSIS - Architecture The buildings are well articulated, and will provide multiple wall planes for each structure. The recesses and covered patios provide for good shade for the interiors of each unit. Heavy lintels and sills accent window openings, and stone door frames are provided at the primary entry. The architectural details assure that each structure will have good massing on the lot. As the lots are somewhat larger (10,000 square feet) than a standard subdivision, the homes should not overwhelm their neighbors. 3 Wooden balconies and/or balcony railings are shown on Plans 1 and 3, and will have the potential to deteriorate in the desert heat. However, with proper maintenance they will provide an interesting feature for these units. The applicant may want to consider an alternate simulated material that can handle the abuse from the sun exposure and heat. Landscaping As a focal point to the project, the corner treatment at Avenue 60 and Madison Street lacks importance, since the water feature is located in the rear of the area, and will not be significantly visible from southbound traffic on Madison Street. The large amount of turf is inconsistent with the desert environment. Similarly, the water feature is very large, and can be effectively used as the focal point of the entry while still being smaller, thereby reducing the water use at the site. Staff had concerns with the design of the corner, and presented the issue to the ALRC, which made recommendations further described below. The perimeter of the site along Madison Street includes a slope which increases from north to south, to allow the bridging of the dike to the south of the project. Landscaping in this area will require close consideration of final landscaping, grading and wall plans. The designs for Madison Street at this location are still under way, and the final landscaping, as well as the slopes, may change with finalization of these plans. No retaining walls are proposed within the project at this time. Erodability of the slopes may be an issue depending on final designs for the roadway. Should the retaining walls be required to accommodate the design of Madison Street, such designs would be submitted with the final landscaping plans. The landscaping of the individual front yards does not reflect the high quality, semi - custom nature of the project architecture. As such, staff has recommended a number of enhancements to the residential unit landscaping which were further recommended by the ALRC. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE RECOMMENDATION On April 4, 2007, the Committee adopted Minute Motion 2007-009 recommending approval with conditions. Those conditions include utilization of 2-part clay the with a random hand -mudded finish; smooth or hand -toweled Stucco finish for the homes; the use of pilasters in the perimeter wall at distances of 50 feet on Madison Street, and at each lot line on Avenue 60; certain limitations to turf; and the incorporation of greater detail on individual lot landscaping. The ALRC also recommended that since the design of Madison Street is not finalized, and that design will significantly impact the entry corner of the site, the corner landscaping be finalized for review and approval after the roadway design is complete. 4J� 4 Public Notice This request was published in the Desert Sun newspaper on March 31, 2007, and mailed to all affected property owners and occupants within 500 feet of the project site as required by Section 9.200.110 of the Zoning Code. To date, no letters have been received. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of this request can be made and are contained in the attached Resolution. RECOMMENDATION: 1. Adopt Planning Commission Resolution Development Permit 2007-881 Attachments: 1. Exhibit Booklet 01x17) Prepared by: r� Nicole auvi Criste Consulting anner 2007- approving Site -1 458 5