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2007 06 19 CC6x# 114 #adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Adjourned Regular Meeting TUESDAY, JUNE 19 2007 - 2:00 P.M. Beginning Resolution No. 2007-052 Ordinance No. 439 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION 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. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, JOHN RUIZ, AND BRET PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. City Council Agenda 1 June 19, 2007 BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENTS TO CITY BOARDS, COMMITTEES, AND COMMISSIONS. A. MINUTE ORDER ACTION RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1 . RECOGNITION OF 25T" ANNIVERSARY COMMITTEE. 2. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR JUNE 30, 2006. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF JUNE 5, 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 JUNE 19, 2007. City Council Agenda 2 June 19, 2007 2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2007. 4. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29323-2, ESPLANADE, LENNAR HOMES. 5. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29323-3, ESPLANADE, LENNAR HOMES. 6. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29457-3, RANCHO LA QUINTA, T. D. DEVELOPMENT. CIATE 7 AUTHORIZATION TO ATTEND THOE LOW IMPACT DEVELOPMENT WORKSHVERNIGHT TRAVEL FOR THE OP TO BE HELD IN MARINA DEL REY, CALIFORNIA, JUNE 28-29, 2007. 8. APPROVAL OF RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 9. APPROVAL OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY. 10. APPROVAL OF SECOND READING OF ORDINANCE NO. 438, AMENDING TITLE 11, CHAPTER 11.72 (-PUBLIC NUISANCES-) OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 1'1.72.030(DD) TO DECLARE MEDICAL MARIJUANA DISPENSARIES A PUBLIC NUISANCE AND TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY. 11. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE MOMS CLUB, AND APPROVAL OF AN APPROPRIATION FOR INSTALLATION OF A SHADE STRUCTURE OVER THE PLAYGROUND AT LA QUINTA PARK. 12. DENIAL OF CLAIM FOR DAMAGES FILED BY HEIRS OF CHASE STANLEY - DATE OF LOSS: NOVEMBER 21, 2006. 13. APPROVAL OF THE HISTORIC PRESERVATION COMMISSION WORK PLAN FOR FISCAL YEAR 2007/2008. 14. APPROVAL OF A CONTRACT EXTENSION FOR ONE YEAR WITH HILTON, FARNKOPF, AND HOBSON, LLC, FOR AB 939 SERVICES FOR FISCAL YEAR 2007/2008. Or City Council Agenda 3 June 19, 2007 15. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. SINESS SESSION .......... continued 2. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2007/2008. A. RESOLUTION ACTION 3. CONSIDERATION OF OPTIONS FOR SELECTING A CONSULTANT TO PREPARE THE 2008 HOUSING ELEMENT UPDATE. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING LANDSCAPE CONCEPTS FOR THE AVENUE 54 MEDIAN ISLAND LANDSCAPE REHABILITATION IMPROVEMENTS (JEFFERSON STREET TO MADISON STREET), PROJECT NO. 2006-09. 2. DISCUSSION OF OPTIONS FOR A CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM. 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) City Council Agenda 4 0 $ June 19, 2007 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. PLANNING COMMISSION MINUTES FOR MAY 8 AND 22, 2007 21. HISTORICAL PRESERVATION COMMISSION MINUTES FOR SEPTEMBER 21, 2006, AND JANUARY 18, 2007 22. ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE MINUTES FOR MAY 2 AND 23, 2007 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR MAY 2007 5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT FOR MAY 2007 A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE. 6. COMMUNITY SERVICES DEPARTMENT REPORT FOR MAY 2007 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT FOR MAY 2007 9. POLICE DEPARTMENT REPORT FOR MAY 2007 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. City Council Agenda 5 June 19, 2007 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak' form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE ADDING SECTION 9.20.050 TO CHAPTER 9.20 ("ZONING") TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. _ ON FIRST READING 2. PUBLIC HEARING TO CONSIDER ADOPTION OF: A RESOLUTION TO ADOPT A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2006-578 AND GENERAL PLAN AMENDMENT 2006-109, AND ADOPTION OF AN ORDINANCE APPROVING ZONING TEXT AMENDMENT 2006-086 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, SOUTH OF AVENUE 52. A. RESOLUTION ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE NO. ON FIRST READING .0-U. 0 Lo City Council Agenda 6 June 19, 2007 3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 53-785 AVENIDA RAMIREZ BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND MICHELE PACELLI. ADJOURNMENT Adjourn to a special meeting of the City Council to be held on June 21, 2007, commencing at 7:00 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 June 19, 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 June 15, 2007. DAT D: VERONIC City of La June 15, 2007 Public Notices MONTECINO, City Clerk ita, California 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. •d_L 1. City Council Agenda 7 June 19, 2007 PRESENTATION: 25" Anniversary Committee Recognition City Council Meeting - June 19, 2007 Recipient Names COMMITTEE MEMBERS: 1 . Don Adolph, Mayor 2. Terry Henderson, Councilmember 3. Andrea Gassman, Commissioner 4. Bob Leidner, Commissioner 5. Christi Salamone, La Quinta Arts Foundation 6. Kathleen Hughes, La Quinta Arts Foundation 7. Louise Lambly, La Quinta Chamber of Commerce 8. Ann Kosich, La Quinta Chamber of Commerce 9. Ron Salute, La Quinta Chamber of Commerce 10. Louise Neeley, La Quinta Historical Society 1 1 . Ed Kazlauskas, St. Francis of Assisi 12. Edie Hylton, Community Services Director 13. Maria Casillas, City Manager's Office Management Analyst 14. Tustin Larson, Community Services Supervisor 15. Angela Guereque, Community Services Secretary SPONSORS: 1. Representatives from Burrtec Waste and Recycling Services 2. Representatives from Costco Wholesale Corporation Page 1 of**Flj COUNCIURDA MEETING DATE: June 19, 2007 ITEM TITLE: Demand Register Dated June 19, 2007 RECOMMENDATION: Approve Demand Register Dated June 19, 2007 BACKGROUND: Prepaid Warrants: Payable Warrants: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 73498 - 73520} 140,036.01 73521 - 73541 } 67,624.35 Voids} -50.00 Wire Transfers} 594,528.49 P/R 33865 - 33884} 194,302.27 P/R Tax Transfers} 50,615.76 73542 - 73669} 3,470,435.56 $4,517,492.44 FISCAL IMPLICATIONS: Demand of Cash - City $3,930,253.42 Demand of Cash -RDA $587,239.02 0&16ak Wray. A, John M. Falconer, Finance Director ,W_u ,, 0 CITY OF LA OUINTA BANK TRANSACTIONS 05/31/07 - 06/12/07 05/31/07 WIRE TRANSFER - WATERCOLORS O6/04107 WIRE TRANSFER - HEALTH PREMIUM O6/04/07 WIRE TRANSFER - PERS O6/04M7 WIRE TRANSFER - ICMA O6/05/07 WIRE TRANSFER - PERS O6106107 WIRE TRANSFER - LANDMARK O6/08107 WRE TRANSFER - WATERCOLORS O6/08l07 WIRE TRANSFER - WATERCOLORS TOTAL WIRE TRANSFER OUT $103,000.00 $83,621.94 $49,847 03 $7,105.91 $1,240.50 $170,413.11 $103,000.00 $76,300.00 $594,528.49 S N P I I a-m 1 I N P M P 1n O P O O n O N M O \ I Y J I V In N V M O In O O m O .O In O r lu¢1 O I W H I A O M •D V N M O O A M r M P O I £O I � N A P N A m O m P •O N A 0 W I UH I N N P P M M M M N W I I �-- 2 £ 1 I 0 J 1 1 O Z I 1 I 1 wa I I W 1 1 0 1I I 1 I I z O W 1 1 Z z I Z I < 1-I 1 1 x x x x x x x x x x x x x x 1-I 0 I Z £ W W I 0 1 QK 1 NN •O .OAP OMM DM MO 00 PP 00 00 OAA 00 NN MM 00 nN O WM \1 VV •ON�Om ONN VV Pm 00 MM 00 00 Omm 00 00 •DP u IWQI U I Uy 1 AA NNInO O M M V• mMm MM 00 00 OAr MM 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I OA 0, V OMW �� MPPw VIA NV VV Aw A Qa 1 001 VIO �0 V PLO .O �o O-AVI On PN Pe- AV O, NrA M I NO O 000 MA QVI w Or Ni NO P OP OOOTpp woH I zZ I OV OV O} OMM OO OAAA no OO OM 0, OM .rs47V.. d'M. 1 w" I 00 ON OQ OVV 00 O'N' OO 02 ON 00 00 OMIM M d u I> 1 00 0, 0£ OHO ON 0000 am O o no O- 00 O O O 4u i y OF r- AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 19, 2007 BUSINESS SESSION: ITEM TITLE,: Receive and File Transmittal of Treasurer's Report as of April 30, 2007 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated April 30, 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, 1 John M. Falconer, Finance Director Approved for Submission by: Genovese, City Manager Thomas I�. Ge y Attachment: Treasurer's Report, City of La Quinta _19_0 , 4,4, 2 A l l A% I11Vl V_1 1 e e c&tvl 4 4 09mro MEMORANDUM TO: La Quinta City Council FROM John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for April 30, 2007 DATE: May 31, 2007 Attached is the Treasurers Report for the month ending April 30, 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 Ending Change Cash (3) LAIF $ 394,962 (1) $ (768,348) $ (373,386) $ (768,348) 30,836,025 2,140,271 (1,550,000) 0 31,426,296 590,271 US Treasuries (2) 112,652,174 464,080 113,116,254 464,080 US Gov't Sponsored Enterprises (2) 29,536,553 12,500,000 (12,500,000) (107,811) 29,428,742 (107,811) Commercial Paper (2) 14,963,492 14,000,000 (15,000,1)00) (51,770) 13,911,722 (1,051,770) Corporate Notes 2,932,344 3,598 2,935,942 . 3,598 Mutual Funds 4,647,152 1 1,596,020 3,051,132 1,596,020 Total $ 195,962,702 $ 28,640,271 $ 31,414,368 $ 308,097 $ 193,496,702 $ 2,466,000 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. Th&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. ' V\ �. ,5/2) / 2 0 1 John M. Falconer Date Finance DirectorRieasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premiunJdiscounl for the month on US Treasury, Commercial Paper and Agency investments (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. .A_G J , 4 S 9 Treasurer's Commentary For the Month of April Cash Balances — The portfolio size decreased by $2.466 million. The major reason for the decrease was housing payments for Vista Dunes and Watercolors Projects totaling $1.6 million. Investment Activity — There was no significant change in the investment types from last month. The sweep account earned $ 4,094 which is greater than normal because of outstanding pass through checks not being promptly cashed. The bank fees for the month were $ 1,991 which resulted in a net increase of $ 2,103 in real savings. Portfolio Performance — The overall portfolio performance had no change from the prior month and ended at 5.15% for the month. The portfolio yield was thirty-one (31) basis points over the benchmark which had decreased by four (4) basis points from March. 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 4.37% and the benchmark was at 4.74% for a 37 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 will be investing in longer than six months GSE's based upon the yield curve to take advantage of yield spreads. Future Thougc hts 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 E E E O a C N a x o Z 0 Z 0 z 0 Z o Z co Z 0 Z o Z co z w o E n M a w O N N E m @ 0 N N N ma N 01 N N iy E g E E E E 3 0 o Ury > in O T S y N 8 0 O O O u°�i ^ y O 0 O O N aUi = N O EN y ^ O OO OO OO O O O� d G v v w o M m N N R Y Y N O O O O a O O O O o yy� O o N o 0 N m G o a N E o 0 0 0 005 V O 0 0 m 00 S O O O GO C 9 m O 10 O N O N pN� O Y O n d a a d -- '00000 0 000 000000 00�00o o N OO pNp el00000o0. p p LL Q Of O O N) n M N M M M o o m N O o a d mm �E 00000 000000 o00000, 00 000p o66,56q 0 0 0 0 0 ...... o 0 0 o oo \h o o N o Q M O 0 0 0 0 0 0 ^ O O N 10 Z A 0 0 0 M M C] CJ M M 0 0 J1 >�zZzzz �,$,aaa oby5 E`u4b 65y5 �yy Emy5yb8 zzz s .HM _iXXXXXXX 9 zi^ X#m Xxx 9tX 9 X53xm Y innnn��v v+ YyZn �iv^irmm� o' s a Q9 = 66Smmrn D„S386 Qr �s� E = 3 m'e e'ee =�o��SSr I CTSnn - - $ voQ�C 8$$ss_e ERRSXX 6a `e T�cc gags cc$5 �4 z` s 442Y S 53S88 Y 45 83 42 5E £_Y_ pop5 o Ti aam n. g5 y0 q8 $B.a SSS o$ q8 8o pm pBoSo SgbB$o C 2'�0 .n{� �> d> u> FLLVSO g ubb �80 of �ry$m^ oimggn o9`4m of q� - '^��m$ £j— a 3.aam $rm'� R-WRro 8 ezO3<_ m Uaa g v�oA;: s ao e�ms,6m"'3m 8voxxxe 'gsxxXyx S�ssa$w��ryr X s88esx "e sn"pp xx s z 9 U mgmm dm 8 =>>>m ma tm€v IS € r P tm _iLLa agu vVssr un �99 9s a� z"€ s � '97t8m ir�i 5�>" z°& �iriii9tl �>"i x qy�°' �E9 =E€�E' Aa000xao E�„ 5 "w&� gg EE o aW z�av a�aaaooa Eag =o ,oaf ao�6t of �aoo ' FaiE Ea }T Eag y •'°waa u V mgzzzz3;z� mzzzz � 98� g�::�z E E.9 tee_ m Eussxysssy �ssays' � .VaD €Vasssa g�53' z3yN'srs '3 m��m` a mAllm A {!\ ,| !i)])!|!!§)))))|//�! 5©pG§Qhg/! ,............_...:., !! !! ;;,l,,,,;!„;>! 82.;l ! ! !! !(§((((((((((((((((( \//\asuagE! "||�||�|!PH 2 ..l,! . /§§\&/\&/\/ !,l ! ��! /\ \ \/HAM ip/\5!J!g/• 52 O O O O O O O O O m M 0 0 O p 0 0 0 0 0 0 0 0 U N— m r N OO00000OONQoo O O O O O O O O O m Q O O 00000000000 O O O O O O O O O O O 0nmO. n N M O n O O O O O O O O O O T O O M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O N O Q m m Q O m m Q O O O O O O 0 N N Q � M m O O O O O O N N m m Q M m Q M Q a ZMNMMMmQ a 6"i'i mm M .M..�m�v MN M m P d aQmroom-m A n M N m N N O� d d MmQQN m Q IV M M m N } N N N N N N N N N N N N N N d u) h N N ul tN N 0 I() In l() IN IA I() IN y r n n n n n n nnn r 0000000000000 n n n n n n r n m o00000000000o m 0 000o000000 000000Ooo Q N N N N N N N N N` N N N N C) V M C'1 h q N IV N N N N N N N N V IA M f7 N m m m 4N ; "4 a N th NON �-�-��— —4 a aeQaevavvvvv Q m M m (h a vvaavvvaave r T o o O O O O o o O m M O o O O O O O O O O O N O O r 0 9 0 0 0 0 0 0 0 0 0 o Q O U O O O O O O O O O N m m N O O O O O O O O O m 0 0 4 N g M O U 0 0 0 0 0 0 0 0 0 O r9 O 6 O O O o o O O O O O O O o O 6 N 0 0 0 O O O O O O O O t0 01 O O O O O O O O O O O M O O m O O O O O O O O O N O O v M N C N C m LL m LL � > w m m m m d m ry 6 6 6 6 6 a > d d m d d m m « maaaaa oo-- > m m m m m .2 ma aaaa 0000 m 005588 J mmmmmwwaa__aa i ��.`.`.`.�.emNdd a)_.____ 0000 mmmmmwwaaaa i 0o °o a;m dd y m a a OE E E E E E E E E E N y m y m y m u E E E E E N N N N y U UUUUU �� VUUUUU N N 7 � rn d t U d c L m d = u J U m q v U m gC m H V N u D N L in N ? 6 Ua L- Uy E :v y GU0 mmdfn�c u °1 =_ 0md yG �mDWLcc c0 au IL U '0 N0x a umL 9CJ E0 u Q wW 61 2<0 op_ coJ O cco c<0Q0Q mo 00 9of Cw� Cmd > mO _ L E WE > Lmd mEE2m --Je a aa QQ Qa c 0N z>Q J Q W> LL Iz -p-L u J %r� 8 CRY 0 La QUM RecenRlutlpn offish al and Surplus Funds City, Re]esebpmem Agi and FlnaudrM ALAWAIy APO 30, 2007 Balance of AFNA FUMs I"..6,1O2 Uses pksoY rash Funtls (1,9CO) Lea Non, urylm FUM (1,]0],8811 Balance MSu u3 Funds $191]Y0,921 Bank ALUUUN SURd. Mdk Be "tuM811 Su us T Book Yes " , Yes WGIM Fargo Demand No Laecang $ (1,023,586) WaN Fargo Sweep No Sweep MJ92 - PeAyCasn Demand No WA INN Wells Fa wHous,-Demons Yes OOeckl S MEN, E 18099 1%om TO1 al - Bank kdnuMs 1 $ 373,396 $ 19,099 S - 5 19.095 U S Treasury AreMed SU'plus taplus Cu:blam Pvvlabl Su lus I.LAw7 a Value Yes Ad ,Yes Bank ill New Yoh -Do :UI Vas US Tresury Blll 5.928,631 5.08631 5028631 Bdnk of New Voh- Dom dr4 V¢s US ittasury B'll O,BB),66O 0,99I868 8,98],INS Bank Al New Yo'h-Demand Yale US Treasury 9Al 9,95],281 9,9fiT381 8,98),2.1 Bank ni New Yoh- DemanO Ves US treasury BW 1d.821,W3 16.821003 1d,821 OW .an, ANew Yoh-cemantl Yes US Treaty Bill 9a1 O22 8881029 9881Oe Total US ]reau 49.505,612 49.685612 48585,612 em SponareO Enhrpnxs AmOOZMI Sure. Surplus :ad1W Pvalla011 SU m Issues? a Value Yes Ad Yee wYOh-Demand Yea Freddie, . 2.M.NO 2.El1O 2,M,410 ANew Yoh-Cema'M YGs FHLB 1,Poa,1O8 1,W9,149 1,99,149 of New Yoh -Demand YesFFCB 1,]OB4O]1 d,TO8,W1 4,]O8,O]i EBUnk:1 M New Yoh-M wid Yea Freddie, Mac d,3W,158 LW3,159 1303W New YOM-Demand Yes FHLB T,W3,513 ]W3513 7,03513 nl New Yoh -Demand Yea FFCB 1.983,260 d.B55,2W d,555,2W9New Yoh -Demand Yes FHL MO -0pmumNme 2,O4,172 26A112 2d14,In S Government Secun.s 29.628,id2 29.420,]11 i9,428,]42 Te1m Nok Bpok Surylm , :f � BUNIW IacerrtgG Value Yea Ml ��NedUse BaN nI New Yoh-OGmanO Nea .-Demo Vea General Eladdc CaplMl 2.935,902 2.935,942 2935,9d2 TWI. Medmm seem PdMr I I 2 _ 2.835842 F ame Commerpal Pa.e Book $URAUs ::wpl. uMwm A.bbil Su W IsueN] a Value Yes Ad Yes Bank New Yoh- Cemaro Yes Joan Oxre CapOal Cary 28id,668 2.9]6,888 2,9T1,66O Ol New YOM-Demand Ves AbWtl Ldpe 1,991,551 1.981$51 1,991,551 WNew Yoh�OGmaLA Yea Nesil Cap Cor 2,859,200 2,908,208 2989,268 MNew YOM-Demand Yes OM9muP Fundk, 2.909,T38 2.809,]30 2,9O9,i3OANToh-Demand Ves General Ekedm Candl 2,BBB,l9B 2.E85693 2806,69Enme LOnmerpol Pd r 1]911]22 13.911 ]22 13911 i22 LocalABenry lnwsaneM Fund Surylus pls _ Name. Avn4ddl Su' ius T a Ilk Yes AO ,Yee IAIF'LL,-Demand Ves Stale Pwl 1Ted,-3 1.,760653 (2,1O1.10) 1709,48O LAIF R)A-Demand Ves State Pp01 11 E65663 116S5643 116856/3 Tolal31me Pwl f_ 31A26,296 ]1A26,296 3101,16.5 20,325,131 SaW. Pe, Ad SuryVlrs NO All Fu110s AtlWI% Elp. Yes RID23,586) 1 2(d 1,26T E LTO16B1 fi3O.1O2 (fi3O.1O2I - AD, PoO S 392ABd S 2101,1&5 f i)W,BBt -0.19]0% O.OtOa% Surplus No Ad Surplus No Surplus Yes [FuMs 25 &`Nos% Surylua NO Ad Surylus No All FUMs AM sk Surylus Yes t52O89% 153444% SUrylm No Ad Surplus Na All FUMs A.., % Surplus Yes 15173% 15](Ia e Surplus No AN Surylus No All v s ACWaI% Surplus Yes 71896%. T253]% Suplus No Atl Surplus No All Fulls AMIA, SmgW I Yes 1624t3% 1529m% TRhcwhraniNxMF 4T,]aa,]H1 1272O0.314 9,1O1,166) 1]S,Ni.149 aSAa83x 653T8]x Toul C111y Cash R lmaaNraM4 iM,B10.RB 4]M]e113 IS,1O1,ll6) 1]43OO]O 393.404 5.101.103 1,]00.001 83901X B6ROST% E2� rlw-CM lnvxdnCma AirodWd Surplus SurFVus tbdian-Pvalladl Su Ws Issuer? a Value Yes Ad Yes RDA US Bank-CIP Yes US Treasury Bill T94391] >,913.9f] T,&3.91] "maws AMLAY -CIP Yea US Treasury Bill 21,825,U9 21,825.2,19 21,-5.248 RDA US BankLIP Yea U.S Treasury Bill 8,93O.n5 8,936.T35 a936.735 lomce ALAM LIP Yes USTreasu BIII 2482Nd1 24,821,Tdi 14-0 as1tal-US Tmau 63530642 83,530.642 fJ,53O.e 2 PonfO1w—ha lFuntls Tinadow-A'alldblY Su lus Morey Market Mutuel FundVal. Book Surplus Yes Ad I:urMps Yes Call, Center U S Bank-Pm1ed YES id Arlene, 304 304 X4 Cww Career U S Eank - Cad SVC YES 13tAmeAcan 104 RDA US Elank-Dad SvC YES 1atAmerrcan 1995 RDA U S Bank CIP YES 1etAmexan 19W RDA U S Bank - Special Fund YES 15tAmerkan W(UL Fin ALM 19%US Bank Eapow YES 1n Ante. Me RDA U S Bank LOP YES 19 ALI 190 F'DA U S Bank- ON Svc YES 1stAMK,N 1998 ROA U S Bank. Sall Fund YES 1s1AmeAran IWO RDA U S Bank -CIP YES I.Am." 20O1 RDA US Flank - DM SLF YES 19AM`U 2001 RDA US Bank CIP YES 1s AMMU 2O02 RDA US Flank - ON Svc YES tat Ametlan - ' 2W2 MAUS Bank-CIP YES td Amedcen 430.855 430,805 130,855 Z 3Ta Lose RDA USS"-DS YES 1st nnerlan 2m Twiddle RDA U S Beal YES 151AMIFN 2O03 T. able RDA S Bank{IP YES 19Amman - ' 2O04 f In Autle U'5 Bank -CIP YES 1st Amenan 2,W9,I)n 2,819.973 2,6W.W3 2W4Fm AWUSBank COI YES 1st Anpn.n SUL Mal=Waal FunO 3051.132 3W11II 3,051132 Surplus No AO 3uNlm No All Funds Adml% Surplus Yes 328329% 331254% Suplus No ALSO Surplus No Ad FUM Asual% SuMllm Yes 15]68% i5W9°5 TOYI Flsul Agra ImaFNwMs 88,581,T/4 88 Y1 Ti4 88. iTT4 N.4OF0% N.]iW% Greek VPM1I 19J,aHAO3 1938H 188 (31M(21M 165� 1'11,]88A311 1392,404 3,101.165 1.IOa,B 1W.0 A sn'�°JRm ��g�m f �g Ogg— Ogg —A �nm9 G `exmRg i �wRwwSffi ��RN« eR �»<a�- N�mM g3 8tRm--Age 281-$e.3 GRk Karl eg e3;:- � - „ ,HG§ v ? , Eg�mng^ R TTwdryvgt Zi �.m 8$"`�M TRe�i_tV N `o '"gR Si Si, `a_ $"yRdn Ng a EwSSM ^� zRmSm! ag IT $Rw� �� a O„m°'p9lYg o« M^N ^g oo oge wp „ mw =3 e g m3"« n Egnnd ^r� ex� No Ll w` w` 5pc• � mEE�$ i �a2 �FVUv gE��C bg�F pU = GIjF QUm r un»uu'sr �-uw»aiisr rua»n`�sr M D] I0 [O N M N W N d T N m o a o m N W N Y � N [b+l m Ia0 N n N d A NQ pN Y NO[N�� IMO OmiOA�pN Oyy Y OO 0 V)fOO ONn�^ Y Y LL O W M N N a N� O N d Y m r M lV N N W N n N pj Y n f N O [WO N r d M N 1y� Or b N O N ^ 0 1p� P 0 E N In0 n V O N W tD mp N W O N n N d W N ro O n W m [f m p O y b n O In r N m b d b i N o6 C6 o ado a a+n ^� LL Q ONi M m d n N N r m n p n m r N M m VI M M m 0 10 M N W q O Q V C'I It m N N 10 M O V! m " y 7 W O a N Ri V VI < T cOJ Q C N N WO b N b LL ON Np N W N O Nth f V�d NO S< O IR IR IR [Np , N C O YOOI �61M �� O}��m n 01 A n m G LL � Y N p�� [a � N 0 n n W m N C N INO � 0 b Q � O N o b N m N N VI fm0 m r M O N y N Q M O W M y LL Nf W M n)M �Nmm� N H N O N O `l W M O V V V) N M om' O A yj C b p O ONi f] M o n a o 0 N O L � Q Fy W N � N d � m m 3 W m m U t n N aia C .N.dY " C o.c 9 = c m W O C 4^ d r d C 9y N j d m N W_ o C U 'o Ap LL m p.F tnOK m m£ m WNCOU�H m Z U W Z rl 5 ti 11 ;ye a' a ryry= a N O e� W tmp N M N Y) O Yj L eeee e RNO��n a mN N M V) d Yj y eed'?e o LLw �:� mad M V) Yl Y y] o e e '° in M ui a vi Q OOOWm� M N Y) O V) ee a e� e p O M ] d N f M MM< M i] O N ao f0 n m Q O O O W p N N Y] O Vj e e e d q LD O M M y W O Cn O V] Np 6 M.rM M ]NO@Wym a vvi .r a y O d°O aJ IO iOy �v0 .rn y mee�e e �aoW m e e e e e m W O n m MY). n QI t0 �NOMN N Q M N O m n W N r• N � fV �e o Y VeJ � U� i0 V) f0 NNNW MM o eo e' LLH� mm YMim Cl � � r• N Oo eGe e Cth �p OHO NO y 'v�io yvei am Q t d th M< N ea e e e O0 o O m m N C) ZO nYm101(I 0 O O n n pe Q O N VJ O N n V N M N M ag eW m tM0 N g M d N W aMriM < W N W Cm] V) N Q'v MM ni v O e o e e ey �vMVM v ��ooOMlp W mnM�om N Y) m M M M M < M M Cm^NrO� a M d M M Y) IO M m N O m 10 O N p ^ N e LL 0. m W inma m O e e e e Q e a m N 0 N U) Q d T m e M m Y) M N N ^ 10 e Z a 8e n N IO Y]Y) m e \^ee V) O W M p N Q Y N M M N N Y) f0 (O 10 f0 M 0V)V) m N tD �ee eMM Ne 4 ui ui W n m o M M N N V �YJ �➢m Y) t0 aE E E 1 E v u m y O E Moogm^)E mas mmE oaa asy5 Q�v Qa� Qa� w0 a°ii3rc aLLaV_ aLLa a°LL3K�Jr- `O `O •gyp O O O— D O O— T -O O OO O O O O — T O= T — T O O N q m q m N m N N m m m m m m N m m A c0_ mm a Ta_ mmwZ.v wZa_ m� Z. a_ w� Z.g .w mz.a �m W Z.a 10E www QJucT ._2`EoNOd Na_C daN •N_Ftw�ha�01 CSmC dNaaNwNaO�aWKy NjwRaBNiL"O �W'wm �aNOivaaaLO �WKm �NiwoN yh L^C �a• LLpN? �EaNi 8ENi dEN�M EEEEE EE EEEECEE m m a a a a m a m m a m y a � wwwN Fwwww wwwFFwww, www� .wwNj�w MC0�qmmj W 012 Nmw 12 C y,CCVC LL5am 12C`a`auaa 3 nag u m C a s L U w i $ W A � z z a L w W s c ; s o m C � � w� c E Ll � y � I U O O N m C. w C. 01 (ayi0 d E s to « E 4-• C <O Z uR C N ''3+111 V N L O O o O 0 0 O O 0 O O 0 o c G G (Lj CD E m N O 0) c W 1-: N In L6 tf> Lo m 7 'cl• '� I O`m Z a I ;1 i R i I i I I j �I •1 I �R I I ;1 it I i� i .I :I •1 ,1 .I I 1 13 ceity/ 4 4a Q9'Kr6u COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report for April 30, 2007 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the Statement of Revenue and Expenditures for April 30, i0007 for the City of La Quinta. Respectfully submitted, John M. Falconef, Finance Director Approved for submission by: Thomas Fi. Genovese, City Manager Attachment: 1. Revenue and Expenditures for April 30, 2007 L (" H 1 1 FiVr71vIC1V 1 1 CI'rV OF IA OUINTA RE:VENUFS - ALL FUNDS 0710112006 - 4/3012007 FUNDS BUDGET RECEIVED RECEIVED Ge:neml $34,413,071 00 $25,648,959 31 74 50 % Library 2.111,81700 32.45285 150% Gas Tax Revenue 939,481 00 783,422 66 83 40 % Federal Assistance 454,74500 000 000% Urban Forestry 000 000 000% Shut (Corps) Revenue 102,70000 100,30784 9770% Local Law Enforcement 0.00 coo 000% Indian Gaining 188,55000 186,18366 9870% Lighting & Landscaping 890,90000 457J8963 5130% ROTC 2,374,00700 46,83188 200% Development Funding 000 000 000% Crime Violent Task Force 177,81000 139,945.48 7870% AS939 500,00000 276,64498 5530% Quimby 1,944.900 00 1,924,455 71 98 90 % Infrastructure 20,80000 17.62896 8480% Village Parking 000 000 000% South Coast Air Quality 52,40000 39,95222 7620% Crnag4stea 000 000 0.00 % Transportation 1,390,60000 1,451,91402 10440% Parks & Recreation 446.00000 391,14000 8770% Civic Center 341,00000 372,59564 109.30% Library Development 177.50000 155,44600 87,60% CommuoAy Center 75.30000 64,53221 8570% Street Facility 54,300.00 55,63142 10250% Park Facility 13,60000 12,05056 8860% Fire Protection Facility 74,50000 62,46903 8390% Arts In Public Places 138,10000 131,85040 9550% Interest Allocabon 000 974,07723 000% Capital Improvement 125,600,32300 22,650,92882 1800% Equipment Replacement 628,90000 607,37633 9660% Information Technology 411,20000 407,84674 9920% Park Equipment &Faahty 384,72200 379,53496 9870% Silver -Rock Golf 3,427,11000 2,928,425.96 8540% SIIverRocl( Gott 68,626 00 1,044 55 1 50% LCI Public Safety Officer 2,60000 2.49505 9600% La Qulnta Financing Authority 6,624,39500 6,619,18290 9990% RDAProject Area No 1 60,311,204.00 34,539,29501 5730% RDA Project Area No 2 61,452,04500 18,155,39589 2950% Total $305,79320600 1 $119,617,20790 1 3910% .N..0 61, e.A CITY OF LA OUINTA EXPENDITURES ALL FUNDS 0710112006-4/3012007 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $35.290.43400 $21,391,99293 $54,14150 $13,84429957 605% Library 4,200,77400 557.12984 000 3643,64416 133% Gas Tax 144041800 147875045 000 (38,33245) 1C27% Federal Assistance 525,92100 000 000 525,92100 CO% Urban Forestry 000 000 000 000 CO% Stoat (Cops) Revenue 101.40000 82,93963 000 18,46037 818% Local Law Enforcement 000 000 000 coo CO% Indian Gaming 201.14200 101,13309 0DO 100,00891 503% Lighting B Landscaping 922.59400 758,26366 000 164,33034 8:12% RCTC 2,374,262 DO 46,831 88 a x 2,327.43012 2 0% Development Agreement 000 coo 000 000 CO% CV Violent Crime Task Force 102,70000 38,26572 coo 64,43428 373% AS 939 B8, 15400 90,38955 000 (2,20555) 1025% Quimby 116,65000 99,64844 000 17,00156 834% Infrastructure 508,832 DO 22,07070 000 485,75130 a3% Village Parking (189300) 000 000 (189300) DO% South Coast Air Quality 26,60000 10,36368 000 1623532 330% Cmag4stea 000 000 000 000 CO% Transportation 6,600,60300 1,12341933 000 5477, 18367 170% Parks B Recreation 245.22600 82,85409 000 162,37191 338% Civic Center 12,101 758 00 3,094.88720 000 9,0DG87080 256% Library Development 120,00000 79,33155 000 40,88845 631% Community Center 0DO 000 0DO 000 00% Street Facility 87,92300 2,712 ED 000 85,21050 :A% Park Facility 000 000 000 000 OD% Fire Protection 50,0D000 3672441 000 1327559 734% ARS In Public Places 65695000 12964707 000 527.30293 197% Interest Allocation 000 000 000 000 00% Capital Improvement 125,600 323 00 22 650,928 82 44,26979 102,905, 10439 130% Equipment Replacement 1,265,90800 190,98149 2609871 1, 048,82780 151% Intonation Technology 689,9540D 22046260 000 459,49140 320% Park Maintenance Facility 000 000 000 3690000 00% 5ilverRock Goff 4229, 72800 3,357,8(1996 000 871,91804 734% Silvertiock Reserve 37,21100 37,21100 000 000 1000% Lq Public Safety Officer 2,000.00 000 000 2,00000 00% La Qumla Financing Authority 6,824,41900 6,619,41682 000 5,00318 999% RDA Prclect Area N( 1 81.631,99300 36,063, 71129 000 45,56828171 442% RDA Project Area Not 109,702,66D 00 47 759,629 53 000 61,g43 030 47 435% foul 44,674 146,127, 062S 1 $12453000 $249,329,537369 3 CITY OF LA OUINTA GENERAL FUND REVENUES DETAIL 07/012006 - 4/302007 REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1,417,60000 1, 174,25728 243,34272 82830% No Low Property Tax Distribution 1733.50000 1,521,95497 211,54503 87800% Sales Tax 6,484,12500 5,053,41799 1430,70701 77940% Sales Tax Reimbursement 2,202,70400 1.143,81044 1,058,166 51930% Document Transfer Tax 1,017,20000 627,34376 389,815624 61670% Transient Occupancy Tax 4.895,000 GO 3.779,44091 1,115,55909 77210% Transient Occupancy Tax - Mitigabot 299,050.00 (18,83882) 317,83882 -6300% Franchise Tax 946,700 00 643,21663 303,4133 37 67.940% TOTAL TAXES 18,995,87900 13,924,60316 5,071,27584 73300% LICENSE & PERMITS: Business License 252,30000 257,20430 (4,90430) 101940% Animal License 17,00000 16,60550 39450 97680% Building Permits 558,60000 692,41628 (133,81628) 123960% Plumbing Permits 84,40000 106,15150 (21,75150) 125770% Mechanical Permits 47,60000 61,80770 (14,20770) 129850% Electrical Permits 65,500.00 97.85508 (32,33508) 149.400% Garage Sale Permits 10,60000 11,44000 (840.00) 107920% Misc Permits 9110000 148967.68 (55,83768) 161.330% TOTAL LICENSES & PERMITS 1.127,100.00 1,390,44804 (263,34804) 123.370% FEES: Sale of Maps & Publications 5.500 00 3,48490 2,015.10 63 360 % Community Services Fees 308.70000 350,346.14 48,35386 87.870% Finance 2.00000 1,05500 94500 52750% Bldg &Safety Fees 527,20000 612,47049 (85,27049) 116170% Communily Development Fees 222,40000 149, 27500 73,12500 67,120% Public Works Fees 75940000 /24419745 (484173745) 163840% TOTAL FEES 1,915,20000 2,360,82898 (445,62898) 12327U% Motor Vehicle ln-Lteu Motor Vehicle Code Fines Parking Violations Misc. Floss AE3939 Federal Govt Grants County of Riverside Grant State of Califomia Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Oven(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 3,311,65000 1,731.362.58 1.580,23742 52.280% 143,800.00 59,50577 84,29423 41380% 25,700.00 44,404.01 (18,73401) 172780% 137,000 00 118.474 69 18,525.31 86 480% 000 000 000 0 000% 000 29,289 00 (29,289 00) 0 000% 000 coo 000 0 000% 15,20000 17,25608 (2,05608) 113530% 4,214,40000 2,015,57620 2,198,82380 47830% 202,40000 198,04289 4,357 11 97 850 % 8,050,150 GO 4,213,911 22 3,836,238 78 52 350% 3,987,30000 3,543,26918 444.03082 88860% 4,90000 30.255.31 (25.35531) 617460% 000 1,52616 (1.526.16) 0000% 000 000 000 0.000% 000 0.00 0.00 0 000% 000 4454 (44 54) 0 000 % 4,90000 31,82601 (26,92601) 649510% 332,54200 184,07272 148,46928 55.350% 34,413.07100 25.648,95931 8764,11169 74.530% n 0710112006 - 4130/2007 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVER19MENT: LFFGISLATIVE 9D6,25000 507,88419 000 398,36581 CITY MANAGER'S OFFICE 1,18046800 836,01685 000 344,45115 ECONOMIC DEVELOPMEN 1,652,00000 1201,10400 000 450,89600 PERSONNEL/RISK MGT 980,66700 711,63180 000 269,03520 TOTAL GENERAL GOVERNMENT 4,719,38500 3,25663684 000 1462,74816 CITY CLERK 599,47100 440,08716 000 15938384 TOTAL CITY CLERK 599,47100 440,08716 000 15938384 COMMUNITY SERVICES PARKS d RECREATION AD 1.207,77600 1,031,04256 50025 17523319 SENIOR CENTER 397,85700 279.68830 000 118,16870 PARKS d RECREATION PR 187,31600 192,64830 27100 (5,60330) LIBRARY 869,275W 318,82916 000 55044584 PARK MAINTENANCE 1,249,68500 1.105,51197 0DO 144,17303 TOTAL COMMUNITY SERVICES 3,911,909W 2.927.72029 11125 983,41746 FINANCE' FISCAL SERVICES 913, 95d 00 667,85020 D00 225,10380 CENTRAL SERVICES 429,51700 348, 15400 000 81, 36300 TOTAL FINANCE 1,343,47100 1035,00420 000 307,46580 BUILDING d SAFETY: BUILDING d SAFETY - ADM 38932700 299,68305 000 89,64395 BUILDING 1, 17525500 1,041,97004 000 133,28495 CODE COMPLIANCE 918,67200 US 61448 000 270,05752 A141MAL CONTROL 417,38100 257,46040 000 159,92060 CIVIC CENTER BUILDING-C 1,103,69300 989,26157 000 11d43143 TOTAL BUILDING d SAFETY 4,004,32500 3,236,98954 000 ]6],33846 PUBLIC SAFETY: POLICE SERVICES 9,455,11700 4,100,60444 1,24465 5,353,26791 FIRE 4,214,37300 2,008,52064 000 2,205,85236 EMERGENCY SERVICES 184.21600 7380061 1,03024 10930515 TOTAL PUBLIC SAFETY 13,853,70500 6,18292569 2,27489 7,668,50542 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMEI 1,48055200 775,79674 000 704,76526 CURRENT PLANNING 1,030.61700 416,98743 000 613.62957 TOTAL COMMUNITY DEVELOPME NT 2,511.16900 1, 192.'8417 000 131838483 PUBLIC WORKS: (389,17100) PUBLIC WORKS ADMINIST 662,59600 368, 89960 6,00000 285.69540 D EVELOPMENT d TRAFFIC 1, 119,84100 75403613 4,17000 W1,63487 MATIT/OPERATION$ -STR 2.360,78800 1,139.09181 3160000 1,184,09619 MAINT/OPERATIONS - LTG 2,014,32700 1,507.37236 0DO 506,95464 MAINT/OPERATIONS -TRA 376,18300 14474093 000 23144207 CONSTRUCTION MANAGEI 1,37546400 98199509 1,32536 392,14355 TOTAL PUBLIC WORKS 7,909,19900 4,896,13592 51,095W 2,5CI19612 TRANSFERS OUT 1,687,56400 1,204.84613 000 482,71787 GENERAL FUND REIMBURSEMENTS (5,249 76800) (2,982,137 01) 0DO (2,287 630 99) NET GENERAL FUND EXPENDITURES 35,290,434W 2139199293 54,14150 13,84429957 5 CITY OF LA QUINTA ALL OTHER FUNDS (REVENUE DETAIL LIBRARY. REMAINING % BUDGET RECEIVED BUDGET RECEIVED County of Riverside Conidbutions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107 5 Traffic Celgestion Relief Interest TOTAL GAS TAX 2,071,01700 000 2,071,01700 0000% 000 000 000 0000% 40 800.00 32,45285 8,34715 79 540% 2,111.81700 32,48285 2,079,313415 1540% 224,40000 176,07567 48,3.24.43 78470% 158,100 00 123,443 56 34,6156 44 78 080% 299,100 00 234,429 77 64,670 23 78 380% 6,200 00 6,00000 20000 96 770% 233,681 00 233,680 74 026 100 000% 18,00000 9,79302 8,206 98 54 410% 939,48100 783,42266 156,05834 83390% FEDERAL ASSISTANCE REVENUE CDBG Grant 454,74500 000 454.74500 0000% Interest 000 000 000 0 000 % TOTAL FEDERAL ASSISTANCE 454,74500 000 454.74500 0000% URBAN FORESTRY Grant Revenue 000 0.00 000 0000% Interest 000 0.00 000 0 000% TOTAL URBAN FORESTRY 000 000 0.00 0000% SLESF(COPS) REVENUE: SLESF(Cops) Funding 100.000 DO 100,00000 0.00 100000% Interest 270000 30784 2,39216 11.400% TOTAL SLESF(COPS) 102,70000 100,307.84 2,39216 97670% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 000 000 000 0000% Interest 0.00 000 0 DO 0000% Transferor 000 000 0DO 0000% TOTAL LLEBG 000 000 0 00 0.000% INDIAN GAMING Giant revenue 177,25Q00 177.250 00 000 100 000% Interest 1130000 893365 235634 79060% TOTAL INDIAN GAMING 188,55000 186,18366 2,35634 98740% LIGHTING S LANDSCAPING REVENUE: Assessment 890,90000 457,189.63 433,71037 51320% Developer 0.00 000 0.00 0 000 % Interest 000 000 000 0000% TOTAL LIGHTING B LANDSCAPIN 890,90000 457,18963 433,71037 51320% ROTC RI;TC Footling 2,374,00700 46,83188 2,327,17512 1.970% Transfer in 000 0 00 000 0000% TOTAL RCTC 2,374,00700 46,83188 2,327,17512 9970A DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 000 000 0 000 % Inleresl 000 000 000 0000% Transfer to 000 000 000 0000% TOTAL DEV AGREEMENT coo 000 0.00 0000% CRIME VIOLENT TASK FORCE Member Contributions - Canyover 82.25000 110,40276 (28,152.76) 134230% Gant revenue -JAIB 87,96000 21,22892 66,73108 24A30% CLET Line 6,00000 6,087.03 (8703) 101450% Interest 1,600 00 2.22677 (626.77) 139 170% TOTAL CRIME VIOLENT TASK FO 177.810 00 139,945 48 37,854.52 78 71 U% AS 939 REVENUE: AU 939 Fees Interest TOTAL CUIMBY QUIMBY REVENUE: Qmimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING 450,000,00 50 000 235,51460 4 214,4B540 62 52340% 82 260% 5060600000 , 27143AN" 02 55 330 1.672,000.00 272 900 00 1,632,78916 291 666 55 39,210.84 (18,76655) 97650% 106 880% 1,944,90000 1.924,45571 20,444129 98950% 000 20,80000 000 000 17,62896 000 000 3,17104 0.00 0000% 84750% 0000% 2080000 17.628 96 3,171.04 84 750% 000 000 0.00 0 000 % 000 000 0.00 0000% [y CITY OF LA OUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.0 A O Conlnbutlon 4500000 33,714 34 11.2115 66 74 920% MSRC Funding 000 000 000 0000% Street Sweeping Grant 000 000 000 0000% Interest 7400,00 623788 1,16212 84300% TOTAL SCAQ 52.400 00 39,952 22 12,447 78 76 240% CMAQASTEA CMAO/ISTEA Grant 000 0.00 000 0000% Interest 000 000 000 0000% TOTAL CINAO/ISTEA 000 000 000 0.000% TRANSPORTATION Developer fees 1,096,200.00 1,226,66257 (130,403257) 111900% Interest 294,40000 225,25145 69,14855 76510% Transfer in 000 0.00 000 0000% TOTAL TRANSPORTATION 1,390,60000 1,451.91402 (61,314.02) 104410% PARKS & RECREATION Developer fees 446,000 00 391,140 00 54,8I30 00 87 700% Interest 000 000 000 0000% Transferor 0.00 000 000 0000% TOTAL PARKS & RECREATION 446,000 00 391.14000 54,8130 00 87 700% CIVIC CENTER Developer fees 256.00000 317.88576 (61,813576) 124170% Interest 85,00000 54,709.88 30,20012 64360% Transferor 000 000 000 0000% TOTAL CIVIC CENTER 341,00000 372,59564 (31,59564) 109270% LIBRARY DEVELOPMENT Developer fees 177.500 00 155,446 DO 22,054 00 87.580% Interest 000 000 000 0000% Transfer in 000 000 000 0.000 % TOTAL LIBRARY DEVELOPMENT 177,500 00 155,445 00 22,0154 00 87 580% COMMUNITY CENTER Developer fees 37,000 00 32,044 00 4,9;56 00 86.610% Interest 3630000 3248821 518tl 79 84830% TOTAL COMMUNITY CENTER 75,30000 64,53221 10,76779 85700% STREET FACILITY Developer fees 44,10000 45,50459 (1,413459) 103190% Interest 10 200 00 10,126 83 73 17 99 280% TOTAL STREET FACILITY 54,30000 55.63142 (1,33142) 102450-A PARK FACILITY Developer fees 11,00000 9,65800 1,34200 87SW Interest 2.60000 2,39256 20744 92.020% TOTAL PARK FACILITY 13.600 DO 12,050 56 1,549.44 85 610% FIRE PROTECTION FACILITY Developer fees 74.500.00 62,46903 12,030.97 83.850% Interest 000 000 0.00 0000% TOTAL FIRE PROTECTION FACILI 74.50000 62,46903 12,03097 83.850% ARTS IN PUBLIC PLACES REVENUE. Arts In Pu'ollc Places 97,50000 98,52771 (1,02771) 101050% Arts in Puohc Places Credits Applied 000 000 000 0 000 % Interest 4060000 33322.69 7,27731 82080% TOTAL ARTS IN PUBLIC PLACES 138,10000 131.85040 6,24960 95470% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 974,077 23 (974,077 23) 0 000% Transfer In 000 000 000 0000% TOTAL INTEREST ALLOCATION 000 974,077.23 (974,07723) 0000% 7 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: Cb'AG CVVJD County of Riverside Surface Transportation Funding City of Indio DSUSD 9D ROTC SES21-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 15,851,49200 2,228,11201 13,623,379.99 14060% 848,479 00 000 848,479 00 0.000% 000 000 0.00 0000% 1,674,430.00 203,06700 1,471,36300 12130% 2,625,94200 79.39000 2,546,55200 3020% 82.656 00 79,390 00 3.26600 96 050% 800.000.00 0.00 800,OIm 00 0 000 % 000 000 000 0000% 25,09900 000 25,09900 0000% 25,59800 45,748.00 (20,15000) 178720% 000 000 000 0.000% 478,715.00 126,92663 351,713837 26510% 000 000 000 0000% 103,187,912.00 19 888 295 18 83, 299,616 82 19 270% 125.600.323 00 22,650.928 B2 102,949,394 18 350 EQUIPMENT REPLACEMENT FUND: Equipment Charges 487,00000 486,99900 100 100.000% Capital Contribution 000 000 000 0 000 % Stile of Fitted Asset 12.400 00 12,400 00 000 100 000% Insurance Recoveries 000 0.00 000 Interest 129,50000 107,97733 21,52267 83.380% Transfers In 000 000 000 0000% TOTAL EQUIPMENT REPLACEME 628.90000 607,37633 21,52357 91 INFORMATION TECHNOLOGY FUND: Charges for services 373.500.00 373,500 00 000 100 000% Capital Contnbulion 000 000 BOB 0.000% Sale of Fixed Asset 000 000 000 0000% Inleresl 37,70000 34,34674 3,35326 91110% Transfers In 000 000 000 0000% TOTAL INFORMATION TECHNOL( 411,20000 407,84674 3,35326 99180% PARK EQUIPMENT A FACILITY Charges for services 350,722 00 350,722 00 0.00 100 000 % Inkeresl 34,00000 28,81296 . 5,1 B704 84.740% Capital Contributions 0.00 0.00 0.00 0,000% TOTAL PARK EQUIPMENT B FAC 384,72200 379,534.96 5. 8704 98650% SILVERROCK GOLF Green fees 2.985.87000 2,558,35339 427,516.61 85680% Range fees 62,18100 56,16300 6,01800 90320% Resident Card 30,60000 33,39500 (2,795.00) 109130% Merchandise 311, 24800 243,30357 67,944.43 78170% Food 8 Beverage 000 000 0.00 0 000 % Allocated Interest Income 000 000 0.00 0000% Transfers In 37,211 00 37 211 00 000 100 000 % TOTAL SILVERROCK GOLF 3,427.11000 2,92Q42596 49804:04 85450% SILVERROCK GOLF RESERVE Interest 1,200.00 1,04455 155.45 87050% Transfers In 67 426.00 000 67 426 00 0 000 TOTAL SILVERROCK GOLF 68,62600 1,04455 67,58145 1520% LQ PUBLIC SAFETY OFFICER FUND TI'ansfer In 2,00000 2,00000 0.00 100000% Interest 60000 49505 10495 82 510% TOTAL LO PUBLIC SAFETY 2,60000 2,49505 10495 95950% 8 CITY OF LA QUINTA 0710112006-413012007 OTHER CITY FUNDS REMAINING FYRFNINTI I RFRDIHMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 000 000 000 REIMBURSE GENERAL FUND 869,27500 308,20731 000 56106769 TRANSFER OUT 3.33149900 248,92253 000 3.082,57647 TOTAL LIBRARY FUND 4,20O 984 000 3. _ 6 GAS TAX REIMBURSE GENERAL FUND 85658100 712,98418 000 142.59682 TRANSFER OUT 58483700 76576627 000 (180, 92927) TOTAL GAS TAX FUND 1440 dt 0 1478750 d5 000 (38, 332451 FEDERAL ASSISTANCE FUND: TRANSFER OUT IERAL ASSISTANCE FUND 525,92100 ON 000 525,32100 URBAN FORESTRY GRANT TRANSFER OUT IRSAN FORESTRY GRANT 000 000 000 L000 SLESF(COPS) TRANSFER OUT )TAL SLEEP (COPS) FUND 10140000 82,93963 D00 18460, 37 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 000 000 000 0000 INDIAN GAMING FUND TRANSFER OUT 20114200 101, 13309 000 100,00891 TOTAL LIBRARY FUND 201!142 U0 101.1 9 000 100.�1 LIGHTING 8 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 922,59400 758,26366 000 164,33034 TRANSFER OUT 000 000 000 000 TOTAL L'TGILANDSCAPING FUND 22,59400 ]58,263 164,330-3- RCTC TRANSFER OUT 2,374,26200 46.83188 000 2,32743012 TOTAL RCTC 8]4,2620 46,831 00 2,3 Z� 1212 CONSTRUCTION 0DOI 000 000 000 REIMBURSE GENERAL FLND 000 000 000 ON TRANSFER OUT 0DO D00 000 ON TOTAL DEV AGREEMENT FU NO 000 000 000 0"Ou- CRIME VIOLENT TASK FORCE OPERATING EXPENSES 102.70000 3826572 000 6443428 TRANSFER OUT 000 000 000 000 TOTA L CRIMIE VIOLENT TASK FORCE 102.700 00 26572 00 8 434� AS 939 OPERATING EXPENSES 79,43000 90,38955 000 (10,95955) TRANSFER OUT 8,75400 000 000 8,75400 TOTAL AS 939 88,18400 90.38955 000 ;'.05.55) QUIMBY FUND: TRANSFER OUT 116,65000 99.648 d4 O00 17,0015566 INFRASTRUCTURE FUND CONSTRUCTION 52, 10000 52, 10000 000 0DO REIMBURSE GENERAL FUND 000 000 000 I300 TRANSFER OUT 456732 On (23 22930) 000 48676130 TOTAL INFRASTRUCTURE 50�0 2,0� 00 TO 1 VILLAGE PARKING TRANSFER OUT . VILLAGE PARKING FUND (1,89300) 000 000 (1893001 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,60000 10.36368 000 16,23632 TRANSFER OUT 000 000 000 0.00 TOl'AL SOUTH COAST AIR QUALITY 2660000 10, CMAQ(ISTEA TRANSFER OUT TOTAL CMAQIISTEA FUND 000 000 000 000 TRANSPORTATION PROGRAM COSTS 000 000 000 000 CONTRIBUTION 000 ON 000 000 TRANSFER OUT 6600,60300 1,123,41933 ON 5.477, 18367 TOTAL TRANSPORTATION 0,60300 1.123,419 3 S,OP,1�J 6�T� PARKS 8 RECREATION INTEREST ON ADVANCE 120,ON 00 62,85409 000 37,14591 TRANSFER OUT 125,22600 000 000 126,22600 TOTAL PARKS 3 RECREATION 245,22600 02 8M 09 000 162,311.Vl CIVIC CENTER PROGRAM COSTS 000 303635 000 (3,33635) REIMBURSE GENERAL FUND 203.66000 169,716 So 000 33,94334 TRANSFER OUT 11898,09800 2922, 13419 0,00 8,975,96381 TOTAL CIVIC CENTER 12,1Oi, 00 3, 488]20 -0 9.0015878 LIBRARY DEVELOPMENT PROGRAM COSTS 000 000 000 ) 00 INTEREST ON ADVANCE 120.00000 79,33155 000 4066846 TRANSFER OUT 000 000 D00 3DO - TOTAL LIBRARY DEVELOPMENT 120,00000 7933155 000 40,666F 91 CITY OF LA QUINTA 07/01/2006-413012007 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 000 000 000 000 TRANSFER OUT 000 000 000 000 TOTAL COMMUNITY CENTER DO 000 ODO 00 STREET FACILITY PROGRAM COSTS 000 000 000 C00 TRANSFER OUT 87,92300 2,7125a 000 85,210150 TOTAL STREET FACILITY 8],9 0 1250 000 ,;'10.5� PARK FACILITY PROGRAM COSTS 000 000 000 C00 TRANSFER OUT 000 000 D00 000 TOTAL PARK FACILITY 000 FIRE PROTECTION INTEREST ON ADVANCE 50,00000 36,72441 000 13,27559 TRANSFER OUT 000 0DO 000 000 TOTAL FIRE PROTECTION DIF 0 00 ]2441 000 ,:!7559 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30, 00000 2771696 000 2,28304 OPERATING EXPENSES-APP 1, 80000 2793 000 1,77207 ART PURCHASES 425,15000 101,90218 000 323,24782 TRANSFER OUT 200,00000 000 000 200,000 DO TOTAL ART IN PUBLIC PLACES 656.05000 12964707 000 527 TOT9-3 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 124,19986400 22,449,79362 44,28979 101,705,78059 PROJECT REIMBURSEMENTS TO GEN FUND 1,400,45900 201,13520 ON 1,19932380 TRANSFER OUT 222 000 000 TOTAL CAPITAL IMPROVEMENT 125.600,32300 22S50,92882 44,289 102,905,t EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 608,90800 190,98149 26.09871 391, 82780 TRANSFER OUT 657,00000 000 000 657,00000 TOTAL EQUIPMENT REPLACEMENT FUND 1265!908 00 19098149 26,09871 1,04d INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 689,95400 220,46260 000 46949140 TOTAL INFORMATION TECHNOLOGY FUND 689,954 00 22 4 0 0 469440- PARK MAINTENANCE FACILITY OPERATING EXPENSES 36,90000 000 000 36,90000 TRANSFER OUT 000 0DO 000 000 TOTAL PARK MAINTENANCE FAC 36,90000 000 000 300c0 SILVERROCK GOLF OPERATING EXPENSES 4, 162.30200 3,357809% 000 804 492 04 TRANSFER OUT 67,42600 000 000 67,42600 TOTAL SILVERROCK GOLF 4,229,728 00 3,3578 000 871 SILVERROCKGOLF RESERVE TRANSFER OUT 37,21100 17,21100 000 000 TOTA L SILVE,RROCK GOLF RESERVE ,21100 .21100 0 0) LA OVINTA PUBLIC SAFETY CONTRIBUTIONS % QUINTA PUBLIC SAFETY 2,00000 000 0D0 2p00,00 10 T4hf 4 4Q AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 19, 2007 BUSINESS SESSION: ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29323-2, Esplanade, CONSENT CALENDAR: Lennar Homes STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept on -site improvements associated with Tract Map No. 29323-2, Esplanade, Lennar Homes and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29323-2, Esplanade, is located north of Fred Waring Drive, south of Kingston Drive, west of Jefferson Street, and east of Port Maria Road (Attachment 1). The improvements include curb & gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. _�..,1 6 c FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 29323- 2, Esplanade, Lennar Homes and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29323-2, Esplanade, Lennar Homes and do not authorize staff to release performance securities upon receipt of warranty security. Do not direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction Respectfully submitted, mothy R. On P.E. Public Wor s Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit ATTACHMENT 1 TM 29323-2 ESPLANADE _ 7 F-7 —7 'BfIjMUDA G�.F C UL B ESTATES — UNI7 NO..� A1.B. '71- R. T� rmrra r\yI�,_-.—11L�—�_ eesw•at rew.se' L�—L (wI ox« \ �EISr-Nisi aU�NRR SErnW 3�r.80 Q5 ee Er .1 1 , 1 7II n 71K_ nr.au• m'A L7 xwsrcx cx PERHA y Yyu ar xmrx - _�, SEE &IEET 3 I xnl->x ox 8 ° e 61 a eo a se s l sa s� sa ss ea --i l CIA cro 69 to i wnez. u as as a� a7 w so s� y a i {II �..,�sxEo PER19 — — m" �a�x"sEx n ac se m 3e as ao as W 9 >° ,L SEE SHEET 5 ss W " W z9 ao € 7 v�i� IILtit C VJ sER nn, T.W. x.iE. I L.L.A. NO OEL g Cd sa zz r x ro n n: u, U/SNT NREa8;3 A O.G.R1 a D988I d bR. �o-y _de r 1L ry r NO to ,9200 3 %cr — _ -LoiO — NS 3 3 Bq OR L---- -r I—" p 9 17 6 O, I R I IL r, .SEE SHEET 6 \/aa c+ Ilrn !atl" E51. i/R4lLI ii TO c/l /\�' q 019 -97. OR FO ffR 4& >y \ E I a I \\�joa TRACT tmE «a �p Y+� _kFm 42 LT --I u n/>a�>>aln�nYn�j" awon �LLI L� SS\'�\//Itoli gIV bI61 vi �Atw�tlR��MO+.I I � aM0 _ I RWI. vfR vJA& CA ac PAR i FA®wNWO DAME sEtroxn „avlrwv VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 19, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29323-2, Esplanade APPLICANT: Ms. Angelica Zarco, Lennar Homes ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 29323-2 - On -Site Improvements Development Name: Esplanade ON -SITE IMPROVEMENTS Performance Security' Improvement Descrition Labor & Materials Current Amount Proposed Reduction WARRANTY AMOUNT Streets Improvements $229,760 $229,760 90% $22,976 Sanitary Sewer $164,970 $164,970 90% $16,497 Domestic Water $275,390 $275,390 90% $27,539 Monumentation $0 1 $11,1100 100% $0 Standard Contingency 10% $67,000 $68,120 100% $0 Professional Fees, Design 10% $73,710 $74,930 100% $0 Professional Fees, Construction 10% $73,710 $74,930 100% $0 No Plans Contingency (10%) $73,710 $74,930 100% $0 Totals $958,300 $974,100 $67,012 ' 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. a WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. .N.J ' , 7 L T'af 4 4 a" COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29323-3, Esplanade, Lennar Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ..l STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29323-3, Esplanade, Lennar Homes and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Traci: Map No. 29323-3, Esplanade, is located north of Fred Waring Drive, south of Kingston Drive, west of Jefferson Street, and east of Port Maria Road (Attachment 1). The' improvements include curb & gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the on -site improvements associated with Tract Map No. 29323- 3, Esplanade, Lennar Homes and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29323-3, Esplanade, Lennar Homes and do not authorize staff to release performance securities upon receipt of warranty security. Do not direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J nas , P.E. Public Work Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit ATTACHMENT 1 TM 29323-3 ESPLANADE _T sEfTw DA GRr CLUB ksj ATES — crrcxn J TT J \-- FREED WNW DRVE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 19, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29323-3, Esplanade APPLICANT: Ms. Angelica Zarco, Lennar Homes ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 29323-3 — On -Site Improvements Development Name: Esplanade ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials2 Current Amount Proposed Reduction WARRANTY AMOUNT Gradin $119,700 $119,700 90% $11,970 Streets Improvements $213,250 $213,250 90% $21,325 Sanitary Sewer $75,180 $75,180 90% $7,518 Domestic Water $96,750 $96,750 90% $9,675 6 FT Garden Wall $170,020 $170,020 90% $17,002 Monumentation $0 $10,350 100% $0 Standard Contingency 10% $67,500 $68,530 100% $0 Professional Fees, Design 10% $74,240 $75,380 100% $0 Professional Fees, Construction 10% $74,240 $75,380 100% $0 No Plans Contingency (15%) $111,360 $113,070 100% $0 Totals $1,002,200 $1,017,600 $67,490 ' 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 (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. cewy� 4 4 a" COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29457-3, Rancho La Quinta, T.D. Desert Development RECOMMENDATI AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29457-3, Rancho La Quinta, T.D. Desert Development and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29457-3, Rancho La Quinta, is located north of Avenue 50, south of Avenue 48, and west of Jefferson Street (Attachment 11). The improvements include curb & gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the on -site improvements associated with Tract Map No. 29457- 3, Rancho La Quinta, T.D. Desert Development and authorize staff to release performance securities upon receipt of warranty security. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29457-3, Rancho La Quinta, T.D. Desert Development and do not authorize staff to release performance securities upon receipt of warranty security. Do not direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. Jo6ss P.E. Public Works Direc or/City Engineer Approved for submission by: ti Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security ATTACHMENT 1 TM 29457-3 RANCHO LA QUINTA 48TH AVENUE 'j C ns TRACT W. 2M7-1 M.B. m/5-B a °oleo M k r No. 2B d tl M ,j0 xb% r4�t� a5 E 4~ b CT No. 1007-I .B. 516/51-M _ QQq xeez.�'sz'u.air� • r iv rYc¢o'� ss.r yax ((iH}65)) z xw/ O FFA YB MI/.z-.) 1XACT N0. 100p]-1 ��z Y 9CTSaB9ii : Y.B 3DY 99 m r iv w xin sr—m w ar vm m m e/.' w *raxo �H' iv rMxEo •xa xasu' ox ad xn Ysv�.e, x °x � xevu� Yx as' ooe M••. a�rx �� z o rxociz uxo -� 3RC zni�v u axe' v.�rm mY sc a vm Ne zes/�r-v m � +/r rA.sss as ws, r vm •B¢ vwr vm .m �.11-z1 50TH AVENUE >s�m VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 19, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map 29457-3, Rancho La Quinta APPLICANT: Mr. Nolan Sparks, T.D. Desert Development _cl- 7 c WARRANTY SECURITY 29457-3 Development Name: Rancho La Quinta IMPROVEMENTS Performance Security' Improvement Description Labor & Materials Current Amount Proposed Reduction WARRANTY AMOUNT' Grading $26,875 $26,875 90% $2,688 Street, On -Site Inc. Sidewalks $477,853 $477,853 90% $47,785 Domestic Water, On -Site $263,802 $263,802 90% $26,380 Sanitary Sewer, On -Site $396,660 $396,660 90% $39,666 Dry Utilities, On -Site $180,000 $180,000 90% $18,000 Monumentation $0 $15,000 1 100% $0 Totaisl $1,345,190 $1,360,190 $134,519 ' 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. ' WARRANTY SECURITY shall be received by the: City prior to being placed on the agenda for City Council. COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE_ Authorization for Overnight Travel for the Associate Engineer to Attend the Low Impact Development Workshop to be Held in Marina Del Rey, California, June 28, 2007 Through June 29, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -7 STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Associate Engineer to attend the Low Impact Development Workshop to be held in Marina Del Rey, California, June 28, 2007 through June 29, 2007 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 Budget (Account No. 101-7002-431.51-01) has allocated funds for travel, training and meetings for staff. Attendance at this seminar is estimated to be $538 based on the following costs: Workshop = $ 0 (Registration Fee paid by Water Board Training Academy) Hotel (2 nights x $139) = $278 Meals = $120 Travel (290 roundtrip miles x $0.485) = $140 Total $ 538 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The State Water Resources Control Board, through their Water Board Training Academy, is offering this workshop as part of the ongoing training for Stormwater Management and the NPDES Permit Program. The Whitewater Region of the Colorado River Water Quality Board has been allocated 10 seats for non Water Board staff members. This two-day workshop will discuss how Low Impact Development (LID) can play an important role in stormwater management and its application to existing stormwater strategies. It will discuss successful LID practices in other parts of the country but will focus on how those techniques can be implemented in the various geographic regions of California. Through the workshop's focus on case studies and examples of LID in California in different contexts within various types and densities of development, the attendee will be provided with the technical and institutional framework to address resource protection and regulatory programs using LID and related techniques. Additionally, the workshop will provide for collaborative effort between all stakeholders, i.e., Water Board staff, planners, public works officials, builders, developers, design consultants, and engineers, to determine how to best develop stormwater programs and overcome obstacles and constraints of LID implernentation. The course will be held June 28, 2007 through June 29, 2007 in Marina Del Rey, California. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Authorize overnight travel for the Associate Engineer to attend the Low Impact Development Workshop to be held in Marina Del Rey, California, June 28, 2007 through June 29, 2007; or 2. Do not authorize overnight travel for the Associate Engineer to attend the Low Impact Development Workshop to be held in Marina Del Rey, California, June 28, 2007 through June 29, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, •� IWA "Wnothy R. onas , P.E. Public: Works Dire or/City Engineer c Approved for submission by: C 7/) � �i- � ti Thomas P. Genovese, City Manager Attachment: 1. Workshop Brochure 4 I+Ltacnmeni i Low Impact Development: An Intensive Workshop WaterBoards Training; Academy REGIONAL WATER QUALITY CONTROL RORROB Dates & Locations: June 28-29, 2007 Marina Del Rey, Marina Del Rey Hotel ht_ 2: / /marinaclehevhotel.com Instructors: Eric Bemtsen, State Water Resources Control Board Greg Gearheart, State Water Resources Control Board Tim Lawrence, Center for Water and Land Use Jeff Loux, Land Use and Natural Resources Program Neil Weinstein, Low Impact Development Center What is LID? LID is a storm water management approach that is based on preserving or restoring watershed hydrologic and hydraulic functions by the use of functional conservation design strategies and distributed source control Best Management Practices (BMPs) to address non -point source pollution from urban residential and commercial development. Course Description: This training session will discuss the limitations of current storm water management strategies; how LID can play an important role .iti storm water management; and the types of enhancements of existing storm water strategies when LID techniques are applied. The workshop will discuss successful LID practices in other parts of the country, but will focus on how those techniques can be implemented in the various geographic regions of California. Course Objectives: Day One will focus on looking at case studies and examples of LID in California (and elsewhere) in different contexts and with various types and densities of development to provide the technical and institutional framework for addressing resource protection and regulatory programs using LID and related techniques. This day will be open to all local officials, consultants, designers and developers. Day Two is intended to be a collaborative workshop with Water Board staff, planners, public works officials, builders, developers, design consultants, and engineers to determine how to best develop storm water programs and overcome obstacles and constraints to LID implementation. Registration Fees: Paid through die Water Board Training Academy To Register: Follow the training registration requirements, obtain all required approvals and then register for the "Low Impact Development:. An Intensive Workshop" class on-line at http://mvAv.w:iterboards.ca.gov/academy/. It is not necessary to submit hard -copy training requests to the Academy office; the online system will provide a registration confirmation. If you have questions about the registration process, please contact your training liaison. Questions concerning the class may be addressed to Eric Bemtsen at eberntsen(ie Nvaterboards.ca.gov or (916) 341-5911. If you have special accommodation or language needs, please contact OEA, ('916) 3415883 or email Karen White at kwhite a waterboards.ca.eov at least 5 working days prior to the class. TTY/DD/Speech to Speech users may dial 7-1-1 for the California Relay Service. R.cFM OF TF1�'��`• COUNCIL/RDA MEETING DATE: June 19, 2007 AGENDA CATEGORY: ITEM TITLE: A BUSINESS SESSION: Approval of Restated and Amended Employment Agreement between the City of La Quinta CONSENT CALENDAR: and the City Manager STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Restated and Amended Employment Agreement ("Agreement") between the City of La Quinta and the City Manager. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account No. 101-1002-413.10-01, City Manager's Office -Salaries, Permanent Full -Time, for Fiscal Year 2007/2008. The annual salary for the City Manager under the proposed contract would be $225,000. There would be no additional cost of living adjustment to that figure for the 2007/2008 time period. For subsequent years, the figure would be subject to adjustment. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to the Agreement between the City and Thomas P. Genovese, City Manager, dated July 1, 2006, the City Council may increase the salary and/or benefits of the City Manager based on an annual evaluation. The only substantive change proposed in this year's contract is an increase in -the annual salary to $225,000. The Agreement between the City and Thomas P. Genovese, City Manager, is provided as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Restated and Amended Employment Agreement between the City of La Quinta and the City Manager; or 2. Do not approve the Restated and Amended Employment Agreement between the City of La Quinta and the City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: �6a Thomas P. Genovese, City Manager Attachment: 1. Restated and Amended Employment Agreement ATTACHMENT 1 RESTATED AND AMENDED EMPLOYMENT AGREEMENT THIS RESTATED AND AMENDED EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 1' day of July, 2007, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Thomas P. Genovese, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to continue the services of said Employee as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and City. WHEREAS, Employee desires to continue employment as City Manager of said NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. A. Employer hereby agrees to employ Employee as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as; provided by state and federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. B. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing, provided they do not interfere with Employee's normal duties and are done only during vacation or other non -working time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activity create a conflict of interest with the duties of the City Manager and the interests of the City. Section 2. Term. A. The term of this Agreement shall continue in full force and effect for an indefinite term until terminated as herein provided. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee -m-u , $ at any time, with or without cause, subject only to the provisions set forth in Section 4, paragraphs A, B and C of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph D, of this Agreement. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the: term of this Agreement. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months salary; provided, however, that in the event Employee is terminated for willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in that event, Employer shall have no obligation to pay the severance sum designated in this paragraph. B. Employer and Employee agree that if Employee is convicted, including a plea of no contest, of any: (1) felony criminal charges; (2) misdemeanor criminal charges related to the use of alcohol or controlled substances; or (3) misdemeanor criminal charges involving a crime of moral turpitude, any of which arise on or after the effective date of this Agreement, that conviction shall automatically constitute Willful Misconduct under Section 2.08.160 of the C ity's Municipal Code without further findings of fact. Furthermore, Employee knowingly and willingly waives any right to a hearing as set forth in Sections 2.08.100 through 2.08.150 of the Municipal Code, and agrees that Employer may terminate his employment immediately and without paying the severance set forth in Section 4.A. above based on the conviction. C. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. D. In the event Employee voluntarily resigns his position with Employer before expiration of the above -referenced term of his employment, then Employee shall give Employer sixty (60) days notice in advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued leave to which Employee is entitled, Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $225,000 with no cost of living increase this year only, effective July 1, 2007, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to review said base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated no later than the end of May. Employer may recommend adjustments to salary and/or other benefits during the time period that the annual review is performed. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Transportation Allowance. City shall provide a $550.00/month transportation allowance as well as gasoline reimbursement pursuant to the City approved policy. Employee shall not be provided a City vehicle. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provided for the City Manager pursuant to the Personnel Rules. An additional 10 days of vacation shall be added to the vacation specified in the Personnel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance, and retirement benefits and any future cost of living increases that occur after July 1, 2007„ as other general employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 12. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA P. O. Box 1504 La Quinta, CA 92247 EMPLOYEE: Thomas P. Genovese P. 0. Box 381 La Quinta, CA 92247 Alternatively, notices required pursuant to this Agreement may be personally served in -the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. -0_u � 9 f; Section 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2007. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: CITY OF LA QUINTA 07 ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) DON ADOLPH Mayor of the City of La Quinta .N. U t. 9 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EMPLOYEE: 0 Thomas P. Genovese City Manager .�jr ; .. 9 COUNCIL/RDA MEETING DATE: June 19, 2007 ►TEM TITLE: Approval of a Joint Use Agreement with the Boys and Girls Club of the Coachella Valley ECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Approve a Joint Use of Facility and Services Agreement (Attachment 1) with the Boys and Girls Club of Coachella Valley, La Quinta Unit, and authorize the City Manager to execute the Agreement and staff to utilize the General Fund Account in the amount of $30,.000, and CQBG Funds in the amount of $30,000 for the payments. FISCAL IMPLICATIONS: Funds have been identified in the proposed budget for Fiscal Year 2007-2008 for the Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from the City's General Fund and $30,000 from the City's annual CDBG allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992 with the City to construct a facility for providing a variety of children's programs, which it began offering on June 20, 1994. On December 19, 1995, City Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The term was from January 1, 1996 through June 30, 1996 for an amount not to exceed $30,000. Subsequently, the budgets for Fiscal Years 1996-1997 through 2005-2006 have contained $30,000 from the General Fund and $30,000 from the CDBG Fund. Reports are required of the Boys and Girls Club of Coachella Valley in order to qualify for the CDBG funds and staff has incorporated those reporting requirements as a part of each subsequent year's agreement. The proposed Joint Use of Facility and Services Agreement for Fiscal Year 2007-2008 ("Agreement") will be effective July 1, 2007 through June 30, 2008 in an amount not to exceed $60,000. The Agreement is divided into two components. The first component is for shared use of the Boys and Girls Club facility in La Quinta. The amount for this portion of the Agreement is $30,000 and provides the City with the ability to use the facility for programs operated Monday through Friday, 7:30 p.m. to 10:00 p.m., and Saturday 9:00 a.m. to 9:00 p.m. The facility offers a game room, gymnasium, cafeteria, computer room and craft room. The La Quinta Fitness Center adjacent to the gymnasium is now open to the public on Monday through Thursday evenings from 6:00 p.m. to 10:00 p.m. Beginning September 3, 2007 the Fitness Center hours will be expanded to Monday through Friday mornings from 7:00 a.m. to 11:00 a.m. through the school year. The second component of the Agreement is for services provided by the Boys and Girls Club to the residents of La Quinta. The Boys and Girls Club would be contracted in the amount of $30,000 for Fiscal Year 2007-2008 to provide social recreation programs to children, ages 7 - 17. The social recreation program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded by CDBG. As outlined in the Agreement, Section 1.5.5, the facility is to be maintained in a neat and clean condition. On April 3, 2007 the city partnered with the Boys and Girls Club and made $25,000 in improvements to the facility for the renaming of the club to the President Gerald R. Ford Boys and Girls Club of La Quinta. New to the Agreement this year is the addition of monthly teen dances to be coordinated by the City in cooperation with the Boys and Girls Club. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit, and authorize the City Manager to execute the Agreement and staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the: amount of $30,000 for the payments; or 2. Do not approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit; or 3. Provide staff with alternative direction. Respectfully submitted, C 10�ak - Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract for Services Agreement ATTACHMENT 1 CONTRACT FOR SERVICES AGREEMENT THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS AND GIRLS CLUB OF LA QUINTA, a nonprofit organization (the "Club"). The parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2007 to June 30, 2008, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1 .2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 6:00 a.m. - 1 1 :00 a.m. (School Hours) 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday 8:00 a.m. - 9:00 p.m. (Year Round) Permitted by special request by City for periodic City and Club joint event use (i.e. Teen Dances & Halloween Carnival, etc.) 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Aqreement FY 2007-2008.Ink.dcc (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public (benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one: or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, & such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doe known, in writing and through oral communications, to all staff members and participants at the Facility. 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 30, 2007, October 31, 2007, January 31, 2008, and April 30, 2008 for a total amount not to exceed Thirty Thousand Dollars ($30,000). 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffitii reporting). 1 .5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, wwr ii v 9 i. SACitWoO STAFF REPORTS ONLY\06-19-07\C6 Aqreement FY 2007-2008.lnk.doc or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified Party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF CLUB 2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Club shall continue to provide those services related to social recreation programs to the children of La Quinta according to the following schedule: July 1, 2007 - September 7, 2007 September 10, 2007 - December 21, 2007 December 24, 2007 — January 4, 2008 January 7, 2008 — March 21, 2008 March 24, 2008 — March 28, 2008 March 31, 2008 — June 6, 2008 June 16, 2008 - June 30, 2008 Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-8:00 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-8:00 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-8:00 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. nr, g C S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the policies contained in Exhibit A and Exhibit B. The Club understands and agrees that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. The Social Recreation program is to include but is not limited to table games, board) games, game technique clinics, tournaments, holiday parties and to provide other opportunities for fun and constructive use; of children's leisure time, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Club 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. 2.2 Club's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits, Fees and Assessments. Club 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. Club 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. 2.5 Familiarity with Work. By executing this Agreement, Club warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Club discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Club's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 2.6 Care of Work. The Club shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be .14-., 1Uf S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Aqreement FY 2007-2008.Ink.doc caused by City's own negligence. The performance of services by Club shall not relieve Club from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Club. 2.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Club shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Club 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. 2.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" included in Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of Exhibit "A" shall govern. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Club shall be compensated in accordance with the "Payment Schedule" listed in Section 2.2, but not exceeding the maximum contract amount of Thirty Thousand Dollars ($30,000) (the "Contract Sum"), except as provided in Section 2.7. It is the understanding of the Club and the City that the Community Development Block Grant (CDBG) funds will be used to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000) is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 31, 2007 $7,500 October 31, 2007 $7,500 January 31, 2008 $7,500 April 30, 2008 _&..- 101 S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Aqreement FY 2007-2008.ink.doe 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Scope of Services " and "Schedule of Performance". Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports; the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Majeure. (Not Applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, this Agreement shall be for twelve (12) months from July 1, 2007 through June 30, 2008. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of Club are hereby designated as being the principals and representatives of Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Chief Executive Officer b. Mike Way, President C. Douglas Miller, Vice President d. David Peat Treasurer e. Judy Vossler, Secretary 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 Club and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Club and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the 104 S:\CILVMg0 STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which. Club, its agents or employees, perform the services required herein, except as otherwise set forth. Club shall perform all services required herein as an independent Club of City and shall remain at all times as to City a wholly independent Club with only such obligations as are consistent with that role. Club 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. 5.5 City Cooperation. The City shall provide Club with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Club staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Club hereunder. 6.0 INSURANCE, INDEMNIFICATION AND BONDS. 6.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Club 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 Club's acts or omissions rising out of or related to Club'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 Club's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount ,of insurance required hereunder shall be determined by the Contract S:\CitvMnr\STAFF REPORTS ONLY\06-19-07\C6 Aqreement FY 2007-2008.Ink.doe Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $150,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Club 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 Club 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 Club's obligation to indemnify City, its officers, employees, Contractors, subcontractors, or agents. 6.2 Indemnificatio a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Club's Services, to the fullest extent permitted by law, Club shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Club, its officers, agents, employees or subcontractors (or any entity or individual that Club shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Club shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other 10 Li S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc than that specified in Exhibit C without the written consent of the Club. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Club shall indemnify, defend and hold harmless City, 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 attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Club or by any individual or entity for which Club is legally liable, including but not limited to officers, agents, employees or subcontractors of Club. C. General Indemnification Provisions. Club agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for with or on behalf of Club in the performance of this agreement. In the event Club fails to obtain such indemnity obligations from others as required here, Club 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 here is binding on the successors, assigns or heirs of Club and shall survive the termination of this agreement or this section. 6.3 Remedies. In addition to any other remedies City may have if Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Club to stop work under this Agreement and/or withhold any payment(s) which become due to Club hereunder until Club demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above: remedies are not the exclusive remedies for Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc any way the extent to which Club may be held responsible for payments of damages to persons or property resulting from Club's or its subcontractors' performance of work under this Agreement. 6..4 General Conditions Pertaining to Provisions of Insurance Coverage by Club. Club and City agree to the following with respect to insurance provided by Club: 1 . Club agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Club also agrees to require all Clubs, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Club, or Club's employees, or agents, from waiving the right of subrogation prior to a loss. Club agrees to waive subrogation rights against City 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 Club 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 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. Club 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 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 Club's general liability policy, shall be delivered to City at or prior to the execul:ion of this Agreement. In the S:\CitWQ6STAFF REPORTS ONLY\06-19-07\C6 Aqreement FY 2007-2008.Ink.doc 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 Club or deducted from sums due Club, 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. Club 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 Club 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. Club agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Club, provide the same minimum insurance coverage required of Club. Club 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. Club agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 1 1 . Club 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 Club'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 Club, 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 Club ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Club, the City will negotiate additional compensation proportional to the increased benefit to City. au,.v 10 S:\CitvMgr'kSTAF:F REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc 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. Club acknowledges and agrees that any actual or alleged failure on the part of City to inform Club of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Club will renew the required coverage; annually as long as City, 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. Club 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 Club'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 Club under this Agreement. Club 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 IL S:\CityMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Club 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 Club 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. Club agrees to provide immediate notice to City of any claim or loss against Club 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. 7.0 RECORDS AND REPORTS. 7.1 Reports. Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about December 15, 2007 and June 15, 2008. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Records. Club shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Club, its employees, subContractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Club 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. Club may retain copies of such documents for its own use. Club shall have an unrestricted riight to use the concepts embodied herein. Club shall cause all subContractors to assign to City any documents or materials prepared by them, and in the event S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc Club fails to secure such assignment, Club shall indemnify City for all damages suffered thereby. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Club 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. Club shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.5 Community Development Block Grant FundiD2. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to docurnent the program meets the National Objective by serving limited clientele — all persons (100%) served by the services outlined in the Scope of Services shall be low or moderate income. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 8.3 Retention of Funds. City may withhold from any monies payable to Club sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Club in the performance of the services required by this Agreement. p S:\CitVMgnSTAF:F REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Club 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 Club. 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. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in 'this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude! the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Club. Upon receipt of any notice of termination, Club shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Club 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 Payment Schedule or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination For Default of Club. If termination is due to the failure of the Club to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over the work and prosecute the same to completion by contract or otherwise, and the Club shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Club for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party .0. 1 111 S:\CitvMge,STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doe shall Ibe entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication eitherr party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA Attn: Thomas P. Genovese, City Manager P. 0. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc To Club: BOYS & GIRLS CLUB OF COAC:HELLA VALLEY Attn: Jim Ducatte, Chief Executive Officer 42-600 Cook Street, Suite 120 Palm Desert, CA 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 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. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 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" CITY OF LA QUINTA, a California municipal corporation Dated: By: THOMAS P. GENOVESE, City Manager ATTEST: Veronica Montecino, City Clerk S:\CitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney "CLUB" Dated: IRS Tax Exempt No.: BOYS AND GIRLS VALLEY, PRESIDENT AND GIRLS CLUB OF organization M Name: Title: CLUB OF COACHELLA GERALD R. FORD BOYS LA QUINTA, a nonprofit -v. 114 SACitvMgr\STAFF REPORTS ONLY\06-19-07\C6 Agreement FY 2007-2008.Ink.doc CONSENT CALENDAR ITEM: /0 ORDINANCE NO. 438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.72 ("PUBLIC NUISANCES") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.72.030(DD) TO DECLARE MEDICAL MARIJUANA DISPENSARIES A PUBLIC NUISANCE AND TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY WHEREAS, the City Council of the City of La Quinta is committed to protecting the public health, safety, and welfare of the community, and to meet these: goals it is necessary for the City Council to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits the manufacture, distribution and possession of marijuana; and WHEREAS, in 1996, the voters of the Sate of California approved Proposition 215 (codified as Health and Safety Code section 11362.5 et seq., and entitled "The Compassionate Use Act of 1996" ("Act"), to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited, specified circumstances. The State Legislature, pursuant to Senate Bill 420, also enacted Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended, which allows local governments to adopt and enforce laws consistent with Article 2.5; and WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if medical marijuana dispensaries were permitted in the City, it is necessary to declare the establishment and maintenance of such dispensaries, whether stand-alone dispensaries or as part of an otherwise legal facility, a public nuisance that should be prohibited in the City; and WHEREAS, the adoption of this Chapter is consistent with federal law and Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended; Ordinance No. 438 Amending LQCMC Title 11, Chapter 11.72 Public Nuisances -Marijuana Dispensaries June 18, 2007 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 11 (PEACE MORALS AND SAFETY): La Quinta Municipal Code Chapter 11.72, entitled "Public Nuisances," is hereby amended to add Subsection "DD" to Section 11.72.030 ("Public Nuisances Declared") as follows: (DD) Medical marijuana dispensaries. As used in this Chapter, a "medical marijuana dispensary" is a facility or Location which provides, makes available, or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq. SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN CONSISTENCY: The City Council finds that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries and does not have the potential to significantly effect the environment. The City Council further finds and determines that the Ordinance is consistent with the City's General Plan, in that the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. SECTION 3. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. Ordinance No. 438 Amending LQCMC Title 11, Chapter 11.72 Public Nuisances -Marijuana Dispensaries June 19, 2007 Page 3 SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19" day of June, 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 (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 438 Amending LQCMC Title 11, Chapter 11.72 Public Nuisances -Marijuana Dispensaries June 1:9, 2007 Page 4 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 438 which was introduced at a regular meeting on the 5`n day of June, 2007 and was adopted at a regular meeting held on the 19' day of June, 2007, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 2006-102. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant: to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California WIA i I COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Adoption of a Resolution Accepting a Donation from the MOMS Club and Approval of an Appropriation for the Installation of a Shade Structure over the Playground at La Quinta Park RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution accepting a $4,300 donation from the Moms Offering Moms Support ("MOMS") Club and approve an appropriation for a shade structure over the La Quinta Park playground with funding of $27,700 from Quimby funds. FISCAL IMPLICATIONS: Quimby funds (Account No. 220-0000-290-0000) in the amount of $27,700 can be utilized to fund the purchase of the shade structure. The MOMS Club is contributing $4,300 toward the project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August 2006, staff was contacted by representatives of the MOMS Club, a non- profit community organization, who proposed building a shade structure over the playground at La Quinta Park. During the past nine months the MOMS Club has raised $4,300 through their fundraising efforts (Attachment 1). The MOMS Club of Palm Desert/La Quinta is part of the International MOMS Club, an organization that includes more than 2,000 local chapters and more than 100,000 members in the United States. The first club was established in 1983 in California as an organization to enrich the lives of children in the community. Activities of the MOMS Club include monthly membership meetings, playgroups, story time, park days, field trips, and monthly "Moms Night Out." From its inception, the MOMS Club has focused on community service. Bids were received for various types of shade structures. These structures included a standard canopy shade structure, a sail design shade structure, and an umbrella design shade structure. Because of the high wind events that occur in La Quinta, a standard canopy shade structure is recommended. The cost proposal for the canopy shade structure is $32,000. The proposed canopy will consist of two (48 feet by 30 feet) shade structures for a total covered area of 48 feet by 60 feet. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution accepting a $4,300 donation from the Moms Offering Moms Support ("MOMS") Club and approve an appropriation for a shade structure over the La Quinta Park playground with funding of $27,700 from Quimby funds; or 2. Do not adopt a Resolution accepting a $4,300 donation from the Moms Offering Moms Support ("MOMS") Club and do not approve an appropriation of a shade structure over the La Quinta Park playground with funding of $27,700 from Quimby funds; or 3. Provide staff with alternative directions. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter from MOMS Club dated June 19, 2007 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE MOMS OFFERING MOMS SUPPORT ("MOMS") CLUB WHEREAS, on June 19, 2007, MOMS Club generously offered a donation of $4,300 to be given to the City of La Quinta as a contribution to the purchase and installation of a shade structure over the playground at La Quinta Park; and WHEREAS, the contribution was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $4,300 to be given to the City of La Quinta as a contribution to the purchase and installation of a shade structure over the playground at La Quinta Park. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19`" day of June, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California '`'- 121 Resolution No. 2007- MOMS Club Adopted: June 19, 2007 Page 2 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 International Club June 19, 2007 Mayor Donald Adolph and City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mayor and City Council Members, Over the past year, the MOMS Club of Palm Desert / La Quinta North, sponsored several fundraising efforts to raise money to cover the play stricture at La Quinta Park (located on the corner of Westward Ho and Adams). MOMS is an acronym for the slogan "Moms Offering Moms Support." We are a support group designed for the at home mother. The MOMS Club is a non-profit 501 (C)(3) organization participating in activities to enrich the lives of children in the community. We want all children to have an active and healthy lifestyle, with plenty of outdoor activity, but not at the risk of permanent skin damage. Project: Park Cover 2007 sponsored by the MOMS Club of Palm Desert / La Quinta North will help our children be fit and sun -safe. Our goal was to assist in raising fends to erect a park cover at La Quinta Park. We need a park cover at our community park for many reasons ... #1 reason is for the children. Experts agree that at least 90 percent of all skin cancers result from excessive exposure to sunlight. In fact, one blistering sunburn in childhood can double a person's lifetime chances of developing serious forms of skin cancer. Medical experts who have focused on childhood obesity have concluded that children require at least one hour of physical activity each day. With the abundance of year-round sunshine that La Quinta has to offer, the absence of a covered play structure does not allow children to utilize the city's largest park during the summer season, when children are out of school and could use the park the most. Covering the play structure will allow the children of the community to exercise outside and to experience all that the "Gem of the Desert" has to offer. The MOMS Club, with assistance from the Community Services Department, City of La Quinta, has received an estimate of $32,020.28 for the custom canopy that would probably serve the needs of the park best. Unfortunately our fundraising efforts have fallen short of the money needed to completely fund Project: Park Cover 2007. The MOMS Club raised $4,300 toward Project: Park Cover 2007 through various fundraising events and community awareness campaigns. In November 2006, our moms - 12 earned $224.58 by doing something that we all do, shopping during the holiday season. In March 2007, the MOMS Club sponsored "How Sweet It Is", a dessert and wine tasting event held in Old Town La Quinta, raising $840 towards our Project: Park Cover 2007 campaign. Our final fundraising event was our largest. Just last month we put on a Bingo Bonatua where we made $3,143 just by playing Bingo and selling raffle tickets. We could not have accomplished all this without the help of many businesses and individuals in the community. Back in April, the MOMS Club was one of the sponsors of La Quinta's Annual Egg Hunt, 'where we provided an arts and crafts booth, raising awareness regarding the importance of covering La Quinta Park. Later that month, we participated in La Quinta's 25' Birthday Bash by hosting a cupcake decorating booth, again letting the public know about ]Project: Park Cover 2007. The positive support from the community has been overwhelming. By reason of the above described efforts and your support in this project, we are pleased to deliver to you a check in the amount of $4,300 to be used exclusively for the purchase and installation of a shade cover over the play structure at La Quinta Park. We ask that you, Mayor Adolph and members of City Council, appropriate the additional funds needed so that we as mothers can make our dream of a year-round park a reality for our ch4dren. If for some reason Project: Park Cover 2007 does not receive your approval, and/or is not completed by December 31, 2007, all monies donated by the MOMS Club of Palm Desert / La Quinta North shall be returned to the undersigned. We arc: hopeful that once the project is completed, a small remembrance of some kind might be displayed at the park reminding users that Project: Park Cover 2007 was made possible by the MOMS Club of Palm Desert / La Quinta North. -o_b 12 L�� 10 a, of 7t1F COUNCII,/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Denial of Claim for Damages Filed By: Heirs of Chase Stanley, Date of Loss — November 21, 2006 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Heirs of Chase Stanley, with a reported date of loss of November 21, 2006. FISCAL IMPLICATIONS: The total amount of the claim is $45,015,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by the Heirs of Chase Stanley with a reported date of loss of November 21, 2006 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 r, 1. Deny the Claim for Damages filed by Heirs of Chase Stanley with a reported date of loss of November 21, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, PA- M / i�/L'W� Bret M. Plumlee, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Heirs of Chase Stanley, Claim for Damages -�'-' - 12 c xe . S.Ruk'ti V.OkApt�- RESERVE FOR FIA STAMP FlLEmrn: CLAIM FOR DAMAGES CITY CLERKS OFFICE CRY of La Wnta TO PERSON OR PROPERTY CLAIM No.F. P.O. Box 1504 La QuintalCA= 2007 mfly 18 Pal 1 INSTRUCTIONS . t. CW%forde*,kftiopmmorbpehsmhaiprepaymudbetiedrmtMatm*mahhlh ft CITY OF LA QUINT, 0e0oamence. Pa.Code§9112.) 2.CW=bremMnbredpoperVmustbeqetlrotlabbmlywaWteowxmnoe.(soy. 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WrtS q ago"<`R f c4. �t � q / r7 la / TO: CITY OF LA QUINTA CLAIMANTS: ANGELA GUEREQUE, the mother of the decedent CHASE ANDREW STANELY, DARREN STANLEY, the father of the decedent, CHASE ANDREW STANLEY, CAYLEE STANLEY, the sister of the decedent, COLBY STANLEY aka COLE STANLEY the brother of the decedent, ROCHELLE STANLEY the sister of the decadent, KORRIE KISTLER, brother of the decedent, DARREN STANLEY as the duly appointed Special Administrator of the Estate of CHASE ANDREW STANLEY, deceased. Address of Claimants: clo GEORGE S. WASS Attorney at Law 400 S. El Cielo Road, Suite I Palm Springs, CA 92262 Tel No: (760) 416-3341 Fax No: (760) 416-3332 Attorney represents all of the above claimants, as to the Estate of Chase Andrew Stanley and as to the above individuals personal claims they have. Date of Injury: CHASE ANDREW STANLEY was killed on November 21, 2006, or about 6:30 P.M. Where: On Adams Street about 193 feet south of Westward Ho. Dr., in the City of La Quinta, County of Riverside, State of California. Description of Incident: CHARLES ANDREW STANLEY, as student at La Quinta High School was hit by a car traveling northerly on Adams Street in the dip in the roadway on Adams between highway 111 and Westward Ho, and was carried on the hood of the car to about the intersection of Westward Ho, where La Quinta High School is located. City of La Quinta is liable for negligence: City of La Quinta was negligent in building, controlling, and maintaining the roadway, traffic and conditions on Adams Street, heading northerly on Adams Street between Highway I I I and Westward Ho where La Quinta High School is located, where the road way suddenly without warning or adequate warning that the roadway suddenly drops down into a large dip, and then back up heading from highway 111 northerly on Adams Street toward Westward Ho where La Quinta 12 SJt,./o7 High School is located, including but not limited to, in negligently constructing the roadway, negligently maintaining the roadway, failing to post signs informing the vehicles heading north on Adams were going into and traveling into school zone, failing to warn the vehicles traveling on Adams Street the roadway suddenly dipped and visibility on the road way was impaired or non- existent, failing to provided lighting in the road way so can; could see pedestrians and children traveling along the road way on Adams Street or crossing Adams street, failing to warn or adequately warn of the sudden dip of the road such that a driver heading northerly on Adams Street who cannot see pedestrians, children in or along the roadway, nor anybody crossing or traveling along side the roadway, could slow down and take precautions, and the City knowing that at dark the conditions became ever more dangerous, and knew that the school has after hours events and activities, and the downward grade heading northerly on Adams Street from highway 111 was so steep after crossing the intersection heading toward La Quinta High School as to make it dangerous and unsafe under the conditions, and the grade of the roadway is too steep, illegally steep, and is an impermissible grade, and certainly dangerous for pedestrians and children under the conditions, and the City had been put on notice by parents of the children, concerned citizens, and possibly the High School of these and other dangerous .conditions of the road way, and were aware of other accidents and problems the hazardous roadway caused, and yet the city ignored these and other dangers, failed to put a walk way to protect the persons and children walking beside the roadway, negligently allowed the dangerous condition to continue, including but not limited to, keeping the steep dip in the road of the road way heading north from the intersection of highway 111 on Adams Street, failed to wam the traffic traveling northerly on Adams Street of the dangers knowing the vehicles were heading for a school zone with day time and night time activities, failed to warn pedestrians of the dangerous conditions of the road way, failed to provide any protection for the pedestrians including children traveling on and along Adams Street, failed to adequately or at all control traffic on Adams Street in any way to protect pedestrians traveling on the side ofthe street or crossing the street even though the City knew cars were traveling too fast and heading into a sudden dip in the roadway, including but not limited to, the drivers heading north on Adams could not see below the crest ofthe hilljust above where the roadwaydropped whileheading north on Adams, and thus could not see pedestrians in a timely manner or due to the lack of lighting not see them at all or not timely enough to respond especially if they were still going at the higher rate of speed allowed on Adams Street south of highway 111, failed to set safe speed limits on the street, allowed too high of a speed limit on the Adams Street south of highway 111 heading toward la Quinta High School, failed to provide adequate posting of signs for the speed limit heading north on Adams, failed to control the speed and the traffic on Adams, failed to post adequate or any warning of a school zone, failed to warn of dip in the road and the unsafe driving conditions that existed and still exist, failed to provide any control of the speed of the traffic, failed to put in lighting of any kind, failed to correct the problem after knowledge ofthem, and negligently allowing a dangerous street condition to exist, knowing children were present. Due to these unsafe conditions that the City negligently allowed to exist, a foreseeable pedestrian vehicle collision occurred on November 21, 2006 at or about 6:30 P. M. on or along Adams Street, where CHASE ANDREW STANLEY was struck and killed by a vehicle which carried him near the intersection of Adams and Westward Ho at La Quinta High School. CHASE ANDREW STANLEY was bit by the vehicle as it hit the bottom of the dip in the roadway on Adams Street, and then was carried in the northerly direction uphill toward the intersection of Adams and Westward Ho_„- 13 SJ17/o7 Damages: Claimants seek $10,000,000.00 for the Estate of Chase Andrew Stanley and $5,000,000.00 per each individual claimants., plus medical, hospital and burial fees, in sum according to proof, but not less the sum of $15,000.00. This injury was investigated by the La Quinta Police Department, and the Riverside County Sheriff Department. The police report, which is believed to be File No LA06325066, has the name of witnesses, and traffic diagram. A copy of the diagram is attached and made a part hereof. K171 (& � 81-P 6 131 M EE&WAYINIERSECO ANXMWARDHO UOug CA EVIDENCE Item 1- bluetAite plastic piece Item 2 - blue/white plastic piece Item 3 - biuelwhRe plastic piece Item 4 - biueJwhdte plastic piece Item 5 - blue1white plastic piece Item 6 - clear plastic piece Item 7 - insole Item 8 - men's shoe Item 9 - dear plastic piece Item 10 - blue plastic piece Item 11- possible sock fabric Item 12 - blue plastic piece Item 13 - blue plastic piece Item 14 - blue plastic piece Item.15 - multi -color plastic piece Item 16 - possible sock fabric Item 17 - clear plastic piece Item 18 - white plastic pieces Item 19 - marts shoe Rem 20 - dear plastic piece 10' N " c AYA90�L 10. 3.65" f f . 43' ::: 6M T 19 2.87" 0�U. 11' 7.55" 11.19" 4- FiLE M. LAD632SD66 r Date: 11.21-06 Incident: Fatal Traffic Collision Location: 3-Way Intersection Adams x Westward Ho, La Quinta -w— Case Agent: Deputy J. Reynolds fi2855 13 ^ Measurements: Forensic Technician I Soma N3936 L Forensic Technician I Parish N3249 Sketch: Forensic Technician I Soma N3936 - 6 /b COUNCIL/RDA MEETING DATE: June 19, 2006 ITEM TITLE: Approval of the Historic Preservation Commission Work Plan for 2007-2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve the Historic Preservation Commission Work Plan for 2007-2008. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Historic Preservation Commission established a multi -year Work Plan in November, 2005. Since that date, a limited number of items have been completed. The following represent those tasks proposed for the upcoming year: 1 . Curation of Artifacts: Collect artifacts from sites in La Quinta in preparation for curation at the expanded La Quinta Museum. Related activities include preparation of museum to curate, store and/or display artifacts. 2. Historic Features Brochure: Preparation of a brochure that serves as a self - guided driving tour of the City's historic features and discusses the prehistory. Preparation is proposed for 2007/08 with printing and distribution to occur the following year, which will require funding. 3. Cultural Resources Map: Prepare a composite map of cultural resources recorded within the City. -e_ 13 4. Historic Context Statement: Complete statement for the City that focuses upon contributions in the fields of prehistory, early settlement, resort industry, and agriculture. 5. Mitigation Monitoring: Establish a mitigation monitoring schedule for projects like the Tradition that were conditioned for annual or periodic inspections, etc. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Historic Preservation Commission Work Plan as submitted; or 2. Do not approve the Historic Preservation Commission Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Efans Assistant City Manager -Development Services/ Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager 13 COUNCIL/RDAMEETING DATE: June 19, 2007 ITEM TITLE: Approval of a Contract Extension for One Year with HF&H Consulting, LLC for AB 939 Services for Fiscal Year 2007/2008 DATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sigh a contract extension with HF&H Consulting, LLC for AB 939 services for Fiscal Year 2007/2008 in an amount not to exceed $84,000. FISCAL IMPLICATIONS: The City Manager's Department has included $84,000 in the Fiscal Year 2007/2008 Preliminary Budget for AB 939 consultant services. The contract is for the implernentation of AB 939 programs to assure the City's compliance with the State's AB 939 mandate. The requested Scope of Services (Attachment 1) has been increased to include the following programs: 1) Update the City's Buy -Recycled Policy; 2) public outreach for programs; 3) large event monitoring; 4) green waste recycling for homeowners' associations; 5) food waste programs; 6) construction and demolition recycling program; and 7) franchise administration for Fiscal Year 2007/2008. Additionally, the City's new waste hauling and recycling contract requires Burrtec to reimburse the City for all costs associated with implementation and monitoring of their contract. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 5, 1998, the City Council originally approved a recommendation of staff (subsequent to a Request for Proposal process) to hire HF&H Consulting, LLC as the City's AB 939 consultants• and has continued to approve the contract extensions each year. The proposed Scope of Services provides for monitoring of current programs, implementation of a few selected programs, as well as monitoring the City's waste contract. .4-6 13 Pursuant to City Council Resolution 96-80, "...Prescribing the Procedures, Rules and Regulations Governing the Solicitation and Selection of Firms and Award of Contracts for the Furnishing of Personal Services, Professional or Consulting Services, or other Contractual Services Which are not Subject to the Formal Bidding Procedures..." Section 9, "Exceptions - Renewal of Contracts", states the City Council is permitted to authorize the City Manager to bypass the competitive selection process in the renewal of a renegotiation of an existing contract for continuing services. Based on this Resolution, staff is recommending the contract with HF&H Consulting, LLC be extended for the next Fiscal Year rather than preparing a Request for Proposals (RFP) and going through the selection process. With the waste contract transfer from Waste Management of the Desert to Burrtec Waste and Recycling and starting a new contract with Burrtec, staff is recommending the current contract with HF&H Consulting be extended. HF&H Consulting is familiar with the City's programs and was part of the negotiations for the new contract. By extending the contract the City will have the firm that is most knowledgeable about the City's programs as well as what the waste contract requires. Staff has established a good working relationship with the consultants and the Scope of Services for 2007/2008 will be similar to the 2006/2007 contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the City Manager to sign a contract extension with HF&H Consulting, LLC for AB 939 services for Fiscal Year 2007/2008 in an amount not to exceed $84,000, subject to final approval of the budget; or 2. Do not authorize the City Manager to sign a contract extension with HF&H Consulting, LLC for AB 939 services for Fiscal Year 2007/2008 and direct staff to prepare a Request for Proposal for distribution; or 3. Provide staff with alternative direction. Respect i Ily submitted, Douglas R. vans Assistant City Manager -Development Services/ Interim Community Development Director �Approved for submission by - Thomas P. Genovese, City Manager Attachment: 1. Scope of Services for Contract for Professional Services ATTACHMENT 1 NTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and HF&H CONSULTANTS, LLC., (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide those services related to assistance with AB 9,39 implementation, as specified in the "Scope of Services" attached hereto as Exhibiit "A" and incorporated herein by this reference (the "services"). CONTRACTOR agrees that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 CONTRACTOR's Proposal. The Scope of Services shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms -of this Agreement shall govern. 1.13 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of THE CITY of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable: penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work, or as represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed except at CONTRACTOR's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 her4tlfl. CONT — HF&H Consultants 1 Agreement for Consulting Services-HF&H Consultants, LLC 1.6 Care of Work. The CONTRACTOR shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own negligence. The performance of services by CONTRACTOR shall not relieve CONTRACTOR from any obligation to correct any incomplete, inaccurate or detective work at no further cost to THE CITY, when such inaccuracies are due to the negligence of CONTRACTOR. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the CONTRACTOR shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that CONTRACTOR shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding ten percent (10%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by THE CITY Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the CONTRACTOR shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty-four Thousand Dollars ($84,000) (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the CONTRACTOR's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. -k 13 CONT-F[F&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC 3.2: Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than THE CITY, and unusually severe weather, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the: causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. , 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit „D"). 4.0 COORDINATION OF WORK 4.1 Representative of CONTRACTOR. The following principals of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Laith B. Ezzet, CMC, Senior Vice President It is expressly understood that the experience, knowledge, capability and reputation of Laith B. Ezzet was a substantial inducement for THE CITY to enter into his Agreement. Therefore, they shall be responsible during the term of this Agreement for direct"ung all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. They may not be changed by CONTRACTOR and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. -� 13 CONT-HF&H consultants Agreement for Consulting Services-HF&H Consultants, LLC 4.2. Contract Officer. The Contract Officer shall be the Community Development Director or such other person as may be designated by the City Manager of THE CITY. It shall be the CONTRACTOR's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of THE CITY. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent CONTRACTOR. Neither THE CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, except as otherwise set forth. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of City and shall remain at all times as to City a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. THE CITY shall provide CONTRACTOR with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to THE CITY. THE CITY shall additionally provide CONTRACTOR staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by CONTRACTOR hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The CONTRACTOR shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from CONTRACTOR's negligent acts or omissions rising out of or related to CONTRACTOR's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY CONT-HF&H consultants Agreement for Consulting Services-HF&H Consultants, LLC nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The CONTRACTOR shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the CONTRACTOR, its officers, any directly or indirectly employed by the CONTRACTOR, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to CONTRACTOR's performance under this Agreement. The term "automobile" includes, but'is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. CONTRACTOR shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The CONTRACTOR shall procure professional errors and omissions liability insurance in the amount of One Million Dollars ($1,000,000). All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR's obligation to indemnify THE CITY, its officers, employees, CONTRACTOR's, subcontractors or agents. 5.2 Indemnification. The CONTRACTOR shall defend, indemnify and hold CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC harmless'THE CITY, its officers, officials, employees, representatives and agents, "City indemnitees from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) ("Claims") and for errors and omissions committed by CONTRACTOR, its officers, anyone directly or indirectly employed by CONTRACTOR, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to CONTRACTOR's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to an action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, contractor shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies THE CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, THE CITY may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) which become due 'to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and are not the exclusive remedies for CONTRACTOR's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC 6.2 Records. CONTRACTOR shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by CONTRACTOR, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the termination of this Agreement or upon the earlier request of the Contract Officer, and CONTRACTOR shall have no claim for further employment or additional compensation as a result of the exercise by THE CITY of its full rights of ownership of the documents and materials hereunder. CONTRACTOR may retain copies of such documents for its own use. CONTRACTOR shall have an unrestricted right to use the concepts embodied herein. CONTRACTOR shall cause all subcontractors to assign to THE CITY any documents or materials prepared by them, and in the event CONTRACTOR fails to secure such assignment, CONTRACTOR shall indemnify THE CITY for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by CONTRACTOR in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. CONTRACTOR shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 . California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE CITY deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. THE CITY may withhold from any monies payable to CONTRACTOR sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of CONTRACTOR in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by CONTRACTOR requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or approval of any subsequent act of CONTRACTOR. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the: parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.. 7.6 Legal Action. In addition to any other rights or remedies, either party may take Legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to CONTRACTOR. Upon receipt of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. CONTRACTOR shall be entitled to compensation for -'III. CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of CONTRACTOR. If termination is due to the failure of the CONTRACTOR to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of Section 7,.2, take over the work and prosecute the same to completion by contract or otherwise, and the CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the CONTRACTOR for the purpose of setoff or partial payment of the amounts owed THE CITY as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of THE CITY shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. ,ft. j4 CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: HF&H CONSULTANTS, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Attention: Laith Ezzet 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. 'r"` 11 11 CONT-HF&H consultants Agreement for Consulting Services-HF&H Consultants, LLC Dated: ATTEST: 0 CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager "CITY" VERONICA J. MONTECINO, CMC, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: HF&H CONSULTANTS, LLC M Name: Title: l, 14 CONT-HF&H consultants Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT A SCOPE OF SERVICES (Attached) CONT-HF&H Consultants f\greement for Consulting Services-HF&H Consultants, LLC EXHIBIT "A" SCOPE OF SERVICES Proposed Tasks for AB 939 Implementation for Fiscal Year 2008 'rash.1 - On -going Maintenance Activities The City has requested HF&H to assist with various waste management -related inquiries and miscellaneous tasks that arise from time to time. These tasks have included legislative research and reporting, monitoring the activities and objectives of the Coachella Valley Association of Governments and the County of Riverside, and providing general solid waste and recycling liaison assistance. In fiscal year 2008, HF&H will continue to: Track solid waste legislation, regulations, CIWMB policy decisions, and other solid waste issues pertinent to the City; Provide written legislative and regulatory updates and discuss significant items at face-to-face meetings; and, Monitor CVAG meetings and initiatives and meetings of the Riverside County Solid Waste Management Task Force. This task will also include regular communications with the City's CIWMB representative to ensure ongoing compliance with AB 939, and may require the development of new programs or the enhancement of existing diversion programs. Deliverables for Task 1: • Written legislative and regulatory updates; • Letters of support or opposition to pending legislation or regulations, if requested by the Assistant City Manager; • Written summaries of any technical assistance provided; and, a We will list on -going maintenance activities in our monthly status reports which will accompany our monthly invoices. Deliverables for this task may be modified due to requests for assistance by the Assistant City Manager for items not included in this scope of work. 5/23/2007 r Agreement for Consulting Services-HF&H Consultants, LLC ']Cask 2 - AB 939 Reporting and Other Compliance Activities HF&H has prepared the City's AB 939 Annual report to the CIWMB since 1998. In 1999, 2000, and 2001, HF&H also prepared an Alternative Adjustment Factor Request form, boosting the City's diversion rate above 50% each year. For fiscal year 2008, we will prepare the City's 2006 AB 939 Annual Report to the CIWMB which will include documentation of diversion activities, as well as calculation of numerical compliance with AB 939 diversion mandates. The 2006 Annual Report would normally be due August 1, 2007; however, we expect this (late to be extended by four to five months. We will also develop and discuss with the City a strategy to continue to meet both the numerical and programmatic goals of AB 939 in order to remain in full compliance with AB 939. Within 90 days after the 2006 annual report is received by the CIWMB, the CIWMB will conduct its biennial review of the 2005 and 2006 Annual Reports. IHF&:H will assist the City by responding to questions from the CIWMB, and attending meetings, including the CIWMB's tour of the City to verify programs in the field. After the on -site review, the CIWMB will prepare its staff report and submit its findings to the Board of the CIWMB. Deliverables for Task 2: a AB 939 Annual Report; and, • Responses to CIWMB questions, and meeting attendance, if requested by CIWMB. 'Task 3 - Publicity and Public Education Coordination Public education in La Quinta includes coordination with the City's hauler, the County, CVAG, Verizon, and other entities. The City has found that residents are more likely to attend events if they receive reminder mailings or see events advertised. HF&H will coordinate the preparation of flyers, advertising, and other public education materials throughout the year. For example, HF&H will coordinate advertising of City diversion events, such as HHW events, shred days, and electronic waste or universal waste events, with the event coordinators and representatives at the GEM and the Desert Sun newspapers. CVAG is planning to conduct used oil recycling and filter exchange programs at various locations throughout the Coachella Valley, and may conduct such an event in the City of La Quinta. During fiscal year 2007, HF&H coordinated these events for Coachella Valley cities, including an event held in the City of La 5/23/2007 r 15� Agreement for Consulting Services-HF&H Consultants, LLC Quinta, with a high level of success, and if requested by the City, will employ this expertise to ensure the success of future events held within the City of La Quinta. During the last few years, HF&H has produced several one -page flyers for the City, and the City has reproduced the flyers in-house. We will continue to produce such flyers, and will contact participating entities for event information and telephone numbers. Actual costs for printing, original artwork, mailing, and advertising costs are not included in the budget for this task. In the City's franchise agreement with Burrtec Waste and Recycling Services, LLC ("Burrtec"), certain public education efforts are required to be developed by the contractor. Upon execution of this Agreement, HF&H will conduct a meeting with Burrtec to develop a schedule of contractor public education and outreach responsibilities for fiscal year 2008. Per the agreement between the City and Burrtec ("Hauler Agreement"), Burrtec is required to provide copies of all public education materials and a description of all public outreach activities in their quarterly reports to the City. HF&H will monitor these reports to ensure contractor compliance. Deliverables for Task 3: • Flyers for two HHW events, one shred day event, one a -waste and u- waste event, one used oil event, and GEM advertising of same; and, • Development and monitoring of a public education and outreach schedule with Burrtec for fiscal year 2008. Task 4 - Recycling Coordination at Large Venues and Special Events AB 2176 was passed into law in September, 2004. AB 2176 requires recycling at large venues and large events. It defines large venues and events as those that: Charge an admission price or is operated by a local agency; and, Serves an average of more than 2,000 individuals per day of operation of the event. The La Quinta Arts Festival, the Bob Hope Chrysler Classic, and several school district events are covered by the bill. In order to comply with the bill, the City must provide recycling information to large venues and large events when issuing permits. The City must also include large venue and events diversion information in their annual report to the CIWMB. The Hauler Agreement requires Burrtec to assist the coordinators of large venues and events in the implementation of recycling programs. Additionally, Burrtec is 5/23/2007 r. 1 J , 1 Agreement for Consulting Services-HF&H Consultants, LLC required to prepare and submit to the City a "Waste Reduction and Recycling Plan" prior to each covered venue or event, and to submit a "Waste Characterization Report" within 30 days following each covered venue or event. Deliverables for Task 4: • HF&H will review Burrec's Waste Reduction and Recycling Plan and Waste Characterization Report to ensure that all information required by the CIWMB is included in these reports; • Ensure timely submission of required reports by Burrtec; and, • Include special events and venues information in the City's electronic annual report to the CIWMB. Task 5 - Residential Non -Controlled Medication Collection Program Research Following the second anniversary of the Hauler Agreement, Burrtec is required to design and submit for approval a program for the collection and safe disposal of non -controlled medicines. The City Council has requested that implementation be expedited, if possible. This program will allow residents to mail non -controlled medications to a special collection location. Currently, Walgreens Pharmacy (47900 Washington Street in the City of La Qrirtta), as well as several other area pharmacies, provide non -controlled medication safe disposal programs. Additionally, if passed, Senate Bill 966 will require every retailer of a drug to have in place, on and after July 1, 2008, a system for the acceptance and collection of drugs for proper disposal at no cost to the customer. This bill also requires that retailers provide prominently displayed signage promoting this program, and requires retailers to produce and distribute informational materials to all consumers regarding the opportunity for no -cost drug, disposal. ]Deliverables for Task 5: • HF&H will contact pharmacies located in the City of La Quinta to research public education opportunities for the safe disposal of non -controlled medications; • HF&H will review the program proposed by Burrtec, and submit recommendations to the City; and, • HF&H will keep the City informed of the status of SB 966. 'Task 6 -Restaurant Food Waste Research The City has requested that Burrtec propose a detailed restaurant food waste diversion program. This program will require Burrtec to provide customers with outdoor bins for food waste storage and indoor wheeled containers to transport i/23,/2007 �... 15w Agreement for Consulting Services-HF&H Consultants, LLC food waste to outside collection container. This program also requires that Burrtec provide training to customer staff, and report to the City on participation levels, and diversion amounts. HF&H will keep the City informed of all legislation regarding food waste diversion, status of food waste diversion facilities, food waste programs implemented in neighboring cities, and tools employed in successful food waste diversion programs throughout the state. Deliverables for Task 6: • HF&H will prepare a brief written summary of a few successful food waste diversion programs throughout the state; • HF&H will review the program proposed by Burrtec and submit recommendations to the City; and e Subsequent to the execution of a food waste diversion contract between the City and Burrtec, HF&H will review the monthly and annual reports submitted by Burrtec to calculate the amount of diversion achieved by the restaurant food waste diversion program. Negotiation assistance provided by HF&H for this task, and/or amendments to the Hauler Agreement will be provided by HF&H on a time and materials basis, and are not included in this fee estimate. 'Task 7 - Green Waste Survey for Single Family Dwellings Using Carts The Hauler Agreement requires that Burrtec fund a survey of gated communities to ascertain the current green waste collection service levels at participating gated communities and whether non -participating gated communities desire service and at what service level. HF&H will review and provide comments and suggested revisions to the survey form prepared by Burrtec to ensure contract compliance. Additionally, subsequent to the completion of the survey, HF&H will review the survey results to determine the success of the existing program and the need for program enhancements or new program implementation. Deliverables for Task 7: • Comments/revisions to survey form; and, • Observations on survey results. 5/23/2007 Ikgreement for Consulting Services-HF&H Consultants, LLC Task 8 - Monitor Commercial Recycling Implementation Burri:ec is required to contact all commercial customers on an annual basis and advise them of the availability of commercial recycling programs. This contact will include a site visit for any commercial customer that is not engaged in the recycling program. HF&H will review Burrtec's commercial recycling program efforts submitted with their quarterly reports to ensure compliance with this requirement. Deliverables for Task 8: • HF&H will review and provide comments on public outreach prepared by Burrtec advising businesses of the commercial recycling program; and, • HF&H will review Burrtec's quarterly reports for compliance with this task, and include findings of review in the status reports submitted to the City. "Cask. 9 - Regional Meetings Attendance and Reporting We will attend up to four meetings with CVAG's Solid Waste & Recycling Technical Working Group, the County's solid waste task force, CIWMB, and/or other agencies as directed by the Assistant City Manager, and provide a brief written summary to the Assistant City Manager of meeting items which pertain I o the City of La Quinta. Deliverables for Task 9: • Attendance at up to four meetings with the agencies cited above; and, • Brief written summaries of meeting items as they pertain to the City of La Quinta. Task 10 - Franchise Administration/Contractor Compliance The City has entered into a new Solid Waste Handling Services Agreement with Burrtec Waste and Recycling Services to go into effect July 1, 2007. Because this new agreement includes many contractor requirements, it is important to determine contractor compliance to ensure the City is receiving the utmost benefit. HF&H will perform the following tasks to determine contractor compliance with the new Hauler Agreement: l5/23/2007 15 Agreement for Consulting Services-HF&H Consultants, LLC « Prepare a checklist of the contractor's responsibilities under the new agreement, and update it on a quarterly basis after meeting with Burrtec to review the status of program implementation; « Review annual rate adjustment; « Review monthly, quarterly, and annual reports submitted by Burrtec; and, « Verify accuracy of AB 939 and franchise fee calculation. _Deliverables for Task 10: « Attendance at six meetings with City staff and Burrtec, including meeting agendas and attachments; « Contractor compliance checklist, updated as tasks are completed; and, • Memorandum -style report on our review of the contract hauler's annual rate increase request. Task 11- Monitor Construction and Demolition Debris Diversion Program In FY 2007, HF&H submitted three construction and demolition debris diversion program options to the City: 1. Continue the existing voluntary C&D recycling program 2. Continue the existing program and direct staff to conduct a voluntary pilot program to evaluate the potential of adopting a C&D ordinance 3. Direct staff to bring a draft C&D debris recycling ordinance to Council for adoption as soon as possible The City Council will be considering these options on June 5th of this year. Once the Council has approved the ordinance, the City will need to implement, monitor and evaluate the program. The Hauler Agreement requires Burrtec to perform all administrative duties pertaining to the construction and demolition ordinance. HF&H will monitor and evaluate the overall program by compiling program statistics, such as number of permits issued, total deposits received, total deposits refunded, tons disposed, tons recycled, and overall diversion rate. Deliverable for Task 11: « Quarterly program monitoring reports 5123/2007 .d_, 15 Fkgreement for Consulting Services-HF&H Consultants, LLC FEES We will perform the scope of work based on time and materials. The estimated budget is $84,000, excluding costs for printing, design, mailing and advertising described in Task 3. The specific tasks we perform will be determined by mutual agreement with City staff. INe will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing. Hourly rates for our consultants are as follows: Senior Vice President Director Senior Associate Associate Assistant ]Expenses will be billed as follows: Mileage" Document reproduction (over 15 pages/run) Postage/document couriers/overnight mail Subcontractors or outside design/printing All other out-of-pocket expenses Or as adjusted by the IRS for mileage allowance 5/23/2007 $230 $195 $165-$185 $125 $95 $0.485 per mile $0.15 per page Actual Actual + 15 % Actual Agreement for Consulting Services-HF&H Consultants, LLC AB 939 Im lementation Fee Estimate - FY 2008 Servicesx _ TASK DESCRIPTION Sr. Vice Director Sr. Assoc. Associate Total Hours Pres. 1. Ongoing Maintenance 4 0 26 32 62 Task 1: Fees $ 920 $ - $ 4,290 $ 4,000 $ 9,210 2. AB 939 Reporting and Compliance Activities 0 0 28 40 68 Task 2: Fees $ - $ - $ 4,620 $ 5,000 $ 9,620 3, Publicity and Public Education Coordination 2 0 16 40 58 Task 3: Fees $ 460 $ - $ Z640 $ 5,000 $ 8,100 4. Recycling Coordination at Venues and Special Events 0 0 6 16 22 Task 4: Fees $ - $ - $ 990 $ 2,000 $ Z990 5. Residential Non -Controlled Medication Collection Program Research 8 0 16 4 28 Task 5: Fees $ 1,840 $ - $ 2,640 $ 500 $ 4,980 6. Restaurant Food Waste Research 8 0 16 16 40 Task 6: Fees $ 1,840 $ - $ Z640 $ 2,000 $ 6,480 7, Green Waste Survey for Single Family Dwellings Using Carts 6 0 16 0 22 Task 7: Fees $ 1,380 $ - $ 21640 $ - $ 4,020 8. Monitor Commercial Recycling Implementation 4 4 16 8 32 Task 8: Fees $ 920 $ 780 $ Z640 $ 1,000 $ 5,340 9. Regional Meeting Attendance and Reporting 4 0 32 0 36 Task 9: Fees $ 920 $ - $ 51280 $ - $ 6,200 10. Franchise Administration/ Contractor Compliance 18 12 60 24 114 Task 10: Fees $ 4,140 $ Z340 $ 9,900 $ 3,000 $ 19,380 11. Monitor Construction and Demolition Debris Diversion Program 7 0 12 24 43 Task 11 Fees $ 1,610 $ - $ 1,980 $ 3,000 $ 6,590 Total Hours 61 16 244 204 525 Hourly Rates $ 230 $ 195 $ 165 $ 125 Total Fees $ 14,030 $ 3,120 $ 40,260 $ 25,500 $ 82,910 Expenses $ 1,090 Total Fees and Expenses $ 84,000 '" Hours may be shifted among tasks. 15/23/2007 'IN is i Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT B SPECIAL REQUIREMENTS A. Generally. CONTRACTOR shall be responsible for preparation of work products or deliverables as specified in the Scope of Services, attached hereto and herein incorporated by reference. All deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only. B. Monthly Progress Reports. CONTRACTOR shall submit to THE CITY a written monthly progress prior to or at the monthly coordinating meeting. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum,•the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. • Discussion of any proposed changes in or amendments to the Scope of Services. • Work planned for the next reporting period and anticipated accomplishments. C. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by CONTRACTOR. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to CONTRACTOR. D. CONTRACTOR shall prepare a "checklist' of milestones, such as meetings, 15 CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC and/or deliverables or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included on a Calendar of Activities, which shall be prepared by the CONTRACTOR. Subsequent to THE CITY'S approval of this checklist, payment up to and including fifty percent (50%) of the maximum allowable cost for each task shall be made to CONTRACTOR in accordance with the checklist. By way of example, for a month in which CONTRACTOR prepares and submits to THE CITY a draft ordinance which is identified on the checklist as representing ten percent (10%) of the total work to complete that Task, CONTRACTOR may request payment in the amount of ten percent (10%) of the maximum allowable cost for that task. THE CITY shall make payment to CONTRACTOR for all such requests for payment up to but not exceeding an amount greater than fifty percent (50%) of the maximum allowable cost for that task. The checklist and Calendar of Activities are incorporated herein by reference to the contract. E. THE CITY shall withhold and retain fifty percent (50%) of the maximum allowable cost for each of the aforementioned tasks subject to this method of compensation. Upon completion of work in accordance with the terms and conditions of this Agreement and the checklist as approved by THE CITY. THE CITY shall release an amount up to but not exceeding this remainder fifty percent (50%) as a lump sum payment to CONTRACTOR, upon receipt, review and approval of CONTRACTOR'S final payment request. CONTRACTOR'S obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of this final lump sum payment. F. Responsibilities of CONTRACTOR. In any month for which CONTRACTOR is entitled to payment, CONTRACTOR shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: Submitted by or on the tenth day of the following month; Submitted in a format prescribed by THE CITY; Submitted together with a monthly progress report; Submitted together with supporting documentation (bids, receipts, cancelled checks, invoices, etc.). CONT-HF&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC G. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to CONTRACTOR shall be made as promptly as fiscal procedures permit, generally within 30 days. H. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. CONTRACTOR'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify CONTRACTOR in writing of the basis of the dispute or contest. Records. THE CITY shall have the right to review all books and records kept by CONTRACTOR and any subcontractors in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by CONTRACTOR'S or subcontractors' books or records. CONTRACTOR shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. J. Task Budget Amendments; Obligation of CONTRACTOR. It shall be the responsibility of CONTRACTOR to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the calendar of scheduled activities. CONT-H F&H Consultants Agreement for Consulting Services-HF&H Consultants, LLC EXHIBIT C SCHEDULE OF COMPENSATION Payments; shall be made within 30-days of receipt of an invoice. CONT-HF&H Consultants Agreement For Consulting Services-HF&H Consultants, LLC EXHIBIT D SCHEDULE OF PERFORMANCE This contract is for the time period between July 1, 2007 and June 30, 2008. All work ;shall be performed within this time frame. CONT-FIF&H Consultants F 5 4 .eC. O4S N OF COUNCIL/RDA MEETING DATE: June 19, 2007 ITEMTITLE: Approval of Amended Agreement for Legal Services with Rutan & Tucker, LLP RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: AS STUDY SESSION: PUBLIC HEARING: Approve the Amended Agreement for legal services with Rutan & Tucker, LLP. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account 101-101-601-000, General Legal Services, and in 101-101-601-523, Litigation Legal Services, in Fiscal Year 2007- 20013 for legal services. The amendments in the 2007-2008 contract include increases of $5.00 to $10.00 per hour rate, which represents a 5% increase in the rates. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 5, 2007, the City Council completed its annual review of the City Attorney and gave her and her firm a favorable evaluation. For Fiscal Year 2007- 2008, the City Attorney has requested the following rate adjustments, which are designed to capture the 5% cost of living increase: 1 . An increase of the existing hourly rate from $195 per hour to $205 per hour on the General Account. This represents a 5.1 % increase. The existing hourly rate for Paralegal time of $120 would be raised to $125. The existing hourly rate of $45 per hour for Document Clerks would remain the same. 162 2. An increase of the retainer from $10,500 per month to $1 1,000 per month. This represents a 4.8% increase. 3. An increase of the existing hourly rates for all Partners from $220 per hour to $230 per hour on all other accounts. This represents a 4.5% increase. 4. An increase of the existing hourly rates for all Associates from $195 per hour to $205 per hour on all other accounts. This represents a 5.1 % increase. 5. An increase of the existing hourly rate for all Paralegals from $120 per hour to $125 per hour on all accounts. This represents a 4.2% increase. 6. An increase of the "Special Partner Litigation" rate of form $245 to $255 per hour for specific partners on specific matters which are to be pre -approved by the City Council. Currently, no work is being done in this category. Michael Houston will continue to serve as Assistant City Attorney for the City of La Quinta, and John Ramirez will remain designated as Assistant City Attorney as well, in the event that both Ms. Jenson and Mr. Houston were unavailable. Attachment 1 is the 2006-2007 Contract for Legal Services which shows all changes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 2. Do not approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: /Thomas P. Genovese, City Manager Attachment: 1. 2007-2008 Contract for Legal Services ,_, , 16 ATTACHMENT 1 AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("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"), a California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 20W.2fin The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work"). 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 and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. R&T 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 that it is responsible to provide as required by this Agreement. .R. 1 U u9rolsla0-0002 89614.08 a06/14107 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2 06—.. jM 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2OWM and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council on or about June 30, 200-7-,ZM and shall be reviewed annually thereafter. 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. M. Katherine Jenson was designated, effective June 27, 2000, as the City Attorney and Agency's general counsel, and shall have primary responsibility for coordination of all legal services for the City and the Agency. John Ramirez was designated, effective June 27, 2000, as _., 16 . 119/075610-0002 _2_ 89614 08 a06/14r07 the Assistant City Attorney and Assistant Agency Counsel. Michael Houston was designated, effective May 27, 2003, as an additional Assistant City Attorney and Assistant Agency Counsel. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) L. Ski Harrison, as the primary counsel with respect to labor issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Penelope Parmes, as primary counsel with respect to bankruptcy issues. (e) Dan Slater and Allison LeMoine-Bui, to assist Ms. Jenson and Mr. Houston with regard to redevelopment issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Offices. The foregoing attorneys shall be primarily responsible during the term of this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 4.4 Prohibition Against Subcontracting or Assignment. R&T shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and Agency. In addition, 1 K 119/015610-0002 89614 08 a06/14/07 _3" neither this Agreement nor any interest herein may be assigned or transferred, voluntary or by operation of law, without the prior written approval of City and Agency. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall each perform the Services required herein as separate independent contractors of City and Agency and shall remain at all times as to City wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. R&T will provide certificates of professional liability insurance for its Services of at least $500,000 per occurrence and one million in the aggregate. 4.7 City and Agency Cooperation. The City and Agency shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City and Agency and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this .Agreement as the Contract Officer shall require. 5.2 Records. R&T 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 161c 1191015610-0002 89614.09 a06/14/07 performance of such Services. 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. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 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 R&T covenants and agree to submit to the personal jurisdiction of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Emylovees. No officer or employee of the City or Agency shall be personally liable to R&T in the event of any default or breach by the City or Agency or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. R&T warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. -� „ 17 r 119/015610-0002 _5- 89614.08 a06/14/07 7.3 Covenant against Discrimination. R&T covenants that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. R&T shall take any necessary action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age, or ancestry. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, communication the parties desire or are required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 8.1. To City or Agency: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Thomas 11. Genovese City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson _V"... 171 119/015610-0002 _6- $9614.08 a06/14/07 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. This Agreement specifically supersedes the prior Agreements for Contract Services. 8.3 Amendment. This Agreement may be amended at any time by 1he consent of the parties by an instrument in writing signed by all parties. 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 8.5 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. 1712 119/015510-0002 89614 09 a06/14/07 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA Dated:_ , 299629_4Z By: Donald O. Adolph, Mayor ATTEST: i-ane Veronica J Montecino,�M , City Clerk LA QUINTA REDEVELOPMENT AGENCY Dated:_ , 29A62M Lee M. Osborne, Chair ATTEST: 3Hxe�3reekVeronica J. Montecino. C1VLC, Agency Secretary Dated: 2006"U RUTAN & TUCKER, LLP LN M. Katherine Jenson, Partner 17 r l 119/016610-0002 _ 89614.08 a06/14107 _g EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City and Agency employs R&T and R&T agrees to perform all required legal services as City Attorney -- General Counsel to the City and Agency Counsel to the Redevelopment Agency including, without limitation, the following: 1. Regular office hours and coverage of all City Council, Agency Board and Planning Commission meetings. Attendance at other commission, committee or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City and the Agency. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City and/or the Agency. 4. All litigation matters concerning the City and/or Agency. B. Retainer Services. R&T agrees that it as part of its retainer, it shall provide, through the services of M. Katherine Jenson, John Ramirez or Michael Houston, office hours at City Hall for the time specific in Exhibit B, Section I.A. (the 'Retainer Time"). It is currently anticipated that as a general rule, M. Katherine Jenson will attend Council and Agency meetings, and that Mr. Ramirez and/or Mr. Houston will attend the Planning Commission meetings. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City and Agency hereby retain R&T to perform litigation services for City and Agency and the services necessary relating to threatened litigation. B. Special Municipal Services. The City and Agency hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 119/015610-0002 A-1 89614.08 46/14/07 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to City including without limitation the following: Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the City staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meeting at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. f. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determined the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. -� 17V 119/015610-0002 A-2 89614A a06/14107 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the Authority as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Redevelopment Bonds. R&T will prepare all documents for the issuance and sale of the tax increment bonds, including the resolutions for adoption by the City Council, the Agency, and if a financing authority is to be used, the resolutions to be adopted by the Authority, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. _W_ 17t 119/0156100-0002 A-3 89614.08 a06/14/07 EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY COUNSEL. For services rendered by Rutan & Tucker, LLP, the City and Agency hereby agree to pay the following fees: A. Retainer Amount. A flat retainer rate $40,-50OLL _tl per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 10:00 a.m. until the end of the meeting, and 8:30 a.m. until noon, and then from 1:00 p.m. to 2:00 p.m. on the following Wednesday. These hours will generally be handled by Ms. Jenson unless she is ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be 4:00 p.m. until the end of the meeting. These hours will be handled by one of the Assistant City Attorneys or by Ms. Jenson. (c) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. B. Additional Amounts for General City Attorney Services. 1. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $4- 20 per hour for attorney services, $426V6 per hour for all paralegals, and $45 per hour for document clerks. II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City and Agency agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section H.A. of Exhibit "A," or for special transactional services the following fees shall apply: 1. $2202M per hour for all partners. On special matters, and with the advance permission of the City Council, a "Special Partner Rate" of $24325 per hour may be imposed for litigation matters requiring a high degree of specialty outside the normal. The City Council hereby approves tee, 119/015610-0002 89614.08 a06/14107 B-1 this rate for time spent by Layne Melzer on the KSL litigation and Jeffrey Oderman on the SilverRock transaction. 2. $193?5 per hour for all associates. 3. $1-20M per hour for all paralegals and $45 per hour for all document clerks. B. For services rendered in connection with other special legal services, such as labor, telecommunications, redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: $2202M per hour for all partners. 2. $19520 per hour for all associates. 3. $1-291n per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel to City and Agency, the City and Agency hereby agrees to pay the following customary fees. One percent of the first $1,000,000 of any issuance amount, plus one-half percent of the issuance amount between $1,000,000 and $5,000,000, plus one-fourth of one percent of the issuance between $5,000,000 and $10,000,000, plus one -tenth of one percent of the amount of issuance over $10,000,000. A minimum fee of $25,000 will be charged for all bond issuances. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City ]Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying at $.19 per page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. For all matters for which the City or Agency is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable rates. If the City is unable to obtain reimbursement for any reason, the City or Agency shall be credited with the differential between the above scheduled rates and the standard rates, or shall be entitled to a refund of the differential, at its or their option. 119/0156a0-0002 B-2 89614.08� a06/14/07 Document comparison done by DeltaView on Thursday, June 14, 2007 13:51:00 t Document 1 cdocs://docs1/89614/7 Document 2 cdocs://docs1/89614/8 Rendering set Standard cell cell cell Count _ Insertions 19 Deletions 19 Moved from 0 Moved to 0 Style change 0 Format chan ed 0 To chan es 38 -m_�, 17 I F� 4 4Q OF AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: .tune 19, 2007 CONSENT CALENDAR: ITEM TITLE'.: STUDY SESSION: PUBLIC HEARING: Consideration of Appointments to Various City Boards, Committees, and Commissions RECOMMENDATION: Approve the selection of: 1) Three appointees to two-year terms on the Architecture and Landscape Committee; 2) Two appointees on the Building and Construction Appeals Board; 3) Two appointees to two-year terms on the Community Services Commission; 4) Two appointees (Professional) to two-year terms on the Historic Preservation Commission; 5) Three appointees to two-year terms on the Investment Advisory Board; and 6) Two appointees to two-year terms on the Planning Commission. FISCAL IMPLICATIONS: 1►[enn CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's Department placed an article in the Chamber of Commerce Gem and advertisements in the Desert Sun, which ran twice, notifying the public of the expiring terms for boards, commissions and committees. Letters and applications were also u -� J ; mailed to all members of boards, commissions and committees, whose terms were expiring this year, inviting them to reapply. The deadline for receiving applications was May 18, 2007 at 5:00 p.m. 1. Architecture and Landscape Review Committee - The terms currently held by Commissioners Bill Bobbitt and Frank Christopher are scheduled to expire on June 30, 2008. The term of Committee Member Tracy Mark Smith expires on June 30, 2007 and has not applied for reappointment. Applications have been received from Jason Arnold, Ronald Fitzpatrick, Stephen Harthel, and John Vuksic. There are currently three (3) vacancies. (Attachment 1) 2. Building and Construction Appeals Board - There are currently three members appointed to the Board: Kevin Leonhard, Jim Hegge, and Dennis Wish. Applications have been received from Bob Edwards and Kay Wolff. There are currently two (2) vacancies. (Attachment 2) 3. Community Services Commission - The terms, currently held by Commissioners Robert Sylk, E. Howard Long, and Mark Weber are not scheduled to expire until June 30, 2008. Commissioners Robert Leidner and Andrea Gassman, whose terms expire on June 30, 2007, have submitted an application for reappointment. Also, applications have been received from Joan Biegel, Sheldon Brodsky, Ana Coils, Dale Nelson, Dori Quill, and Julius Tinsley. There are currently two (2) vacancies. (Attachment 3) 4. Historic Preservation Commission - The terms currently held by Commissioners Archie Sharp, Maria Puente, and Allan Wilbur are not scheduled to expire until June 30, 2009. The term for Commissioner Robert Wright is scheduled to expire on June 30, 2007 and an application has been submitted for reappointment. Additionally, an application has been received by Peggy Redmon who qualifies for appointment as a non-professional member. There are two (2) vacancies, both professional member positions. (Attachment 4) 5. Investment Advisory Board - The terms currently held by Commissioners Randy Rassi and Cristina Daniel are not scheduled to expire until June 30, 2009. Commissioner Gary Egbert has resigned effective June 12, 2007 (included in Attachment 5). The terms for Commissioner Milton Olander and Donald Moulin are scheduled to expire on June 30, 2007. Commissioner Moulin has submitted an application for reappointment. Applications have been received by Edward Hackney, David Park and Theodore Ross. There are currently three (3) vacancies. (Attachment 5) 6. Planning Commission - The terms for Commissioners Edward Alderson, James Engle, and Katie Barrows are not scheduled to expire until June 30, 2008. The terms for Commissioners Rick Daniels and Paul Quill expire on June 30, 2007, and both have applied for reappointment. Attached are applications received _V.. 18; from Frank Blum, Phil Broccolo, Pedro Garcia, Edward Hackney, Paul Strohecker, and Robert Wilkinson. There are currently two (2) vacancies. (Attachment 6). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve the selection of: 1) three appointees to two-year terms on the Architecture and Landscape Committee; 2) two appointees on the Building and Construction Appeals Board; 3) two appointees to two-year terms on the Community Services Commission; 4) two appointees (Professional) to two-year terms on the Historic Preservation Commission; 5) three appointees to two-year terms on the Investment Advisory Board; and 6) two appointees to two-year terms on the Planning Commission; or 2 Do not approve the selection of: 1) three appointees to two-year terms on the Architecture and Landscape Committee; 2) two appointees on the Building and Construction Appeals Board; 3) two appointees to two-year terms on the Community Services Commission; 4) two appointees (Professional) to two-year terms on the Historic Preservation Commission; 5) three appointees to two-year terms on the Investment Advisory Board; and 6) two appointees to two-year terms on the Planning Commission; or 3. Provide staff with alternative direction. Resoectfially s Veronica City Cler ,CMC Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Attachments 1 - Architecture & Landscape Review Committee Applications 2. Attachments 2 - Building and Construction Appeals Board Applications 3. Attachments 3 - Community Services Commission Applications 4. Attachments 4 - Historic Preservation Commission Applications 5. Attachments 5 - Investment Advisory Board Applications 6. Attachments 6 - Planning Commission Applications Attachment 1 Date5— Q—c (� / CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEVINECEIVED COMMITTEE 2007 MY 18 flM 11 21 HOME ADDRESS: TELEPHONE: (HOME)JQD 9)81.139, `" EMAIL-, ' ojd,16 BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: w lnew nlcmex- LENGTH OF RESIDENCE IN LA QUINTA: I L4 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? N O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. T u);m me Sortthat Gfends ( H6L 7w0 b5m. APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? _,„ til n !lGaitnnr,tt Wka l.i,-A What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee'? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT . _ NV iu A 86 RECEIVED 17 MY 17 Aft 1132 CITY OF LA QUINTA ITY CLERK'S HOME, CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE TELEPHONE: (HOMEQ- � � �i �L�1h_ BUSINESS: N. (Pf BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: n - �C.t Vl./A LENGTH OF RESIDENCE IN LA QUINTA: !Zj wlQh44 �) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? fJ 0 . Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. APPLICATION, ARCHITECTURAL S LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. --kj�2S// l A What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? d' What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? -ROM CIA Td PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT JA � 18.. Ronald AFitzpatrick, AIA LACC Los Angeles City College ■ SCIARC Southern Califonva Institute of Arclutecture • USC University of Southern California • UCLA University of California at Los Angeles Professilonal CatyofImAngeles 1963-1999 experience Director of and Plazuti� Developn=t/SeniorAmhiGeLt • Recreation and Parks Director, Capital Improvements/Major Projects Program Contract Administrator, Design and Construction Division • Bureau of Engineering Senior Architect, Public Buildings Projects Development Architect, Design Construction and Bond Management Professional • California Architects Board License No. 17281 • American Institute of Architects Los Angeles Chapter Ol jective Member, Architectural & Landscape Review Committee for the City of La Quinta California 81-824 Contento Street IA Quints California 92M Phone 213-393-01.80 Fax 76o-393-2919 E-mail =nclabungalow@gmail.com Mar 200;P P.? Application — Architectural and Landscaping Review Committee Describe your knowledge of thefunctions, regulations, and procedures of the La Qumta Architectural & Landscaping Review Committee? Having no specific knowledge of the functions, regulations or procedures of the La Quinta Architectural & Landscaping Review Committee, I will assume that like similar committees in other cities, this committee too is intended to respond to the city's mandate to provide objective criteria relative to routine design submittals, and make recommendation as to the aesthetic acceptability and practicability of such projects being proposed for construction in the city of La Quinta. What specific issues or problems face the La Quinta .Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? While specific issues or problems are not very likely unique to any one city only in its twenty-fifth year of growth, such issues are just as likely very addressable and solvable if approached proactively. I am aware that the city of La Quinta is experiencing rapid population and economic growth, and as such, should remain cognizant of the necessity to willingly evaluate or reexamination the city's General Plan. The process of which, is of particular importance when considering the constant demographic variables associated with the characteristics of a changing, expanding and progressive city still establishing goals and objectives. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscape Review Committee? As a new resident, I am logically inquisitive as to the city's history, and what resident services are available. But my other interests are somewhat professional, and evolve around an instinctive intellectual curiosity as to the future, and the potential growth and development of the city, and how I may participate in some capacity to that dynamic. With that said, my considerable number of years of experience in the field of architecture, primarily designing or managing the construction of major capital improvement projects, would be an asset to any city planning and development effort. My wealth of experience includes the administration and coordination of every related design and construction discipline. The success or failure of many of the projects under my purview depended heavily on, or were influenced by, not just the constraints of codes, budgets and design guidelines, but by the practiced and proven dictates of the related professions, and to a large extent, the reality of public endorsement. As an architect, I understand the uniqueness of my creative as well as visual capacity. And as such, am acutely aware of the intrinsic obligation within the discipline, to remain professionally objective when privileged to render informed opinions, or to assess the quality and integrity of particular works in the relevant fields, including their potential impact to or upon, the targeted environment. .0., 18 My inclusion and participation in the oversight responsibilities of the Architectural and Landscaping Review Committee will contribute to the enhancement of its ability to numage the sensitivities and subtleties inherent in land development and improvement projects, particularly those that are environmentally sensitive or subject to public scrutiny. 19;, CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW P t FOMI ITTEE RECEIVED 1►/JTA1:1 HOME,ADDRESS: �,�t.Z::2 'Y QF I - TELEPHONE: (HOME)IV -771 Q -7 BUSINESS:.. BUSINESS ADDRESS: IF EMPLOYEp, LIST YOUR EMPLOYER AND POSITION(S) YOU .HOLD: LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? 1O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please beftsure to include +e�xpe�nen s relevantto pduties of the position yo I seek. °�PGi�I/t 0 5VA �f.YnI0.'Jt of 4YAt� �F/1( e-, ' 0 n V 0 ^ ykm I 04'^ 0N1174M�]Ulif&k/Pe A.!Lx 1.... ... ,r •,� ....i-��•Ff.._ .... t`.�AIA.Wd 'i. ;1' �Ji 'i I�-- iA wli�jlL.' i�t ►_' A r I t�ecttn�i I[7t"� awi --fVw- wV*'41 �� f4l("Ira(5 �� 1� crn s��ro�ibvt �9 avna.JJ . APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. wnat specitu- issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? PLEASE RETURN THIS APPLICATION TO: ; CITY CLERK P.O. BOX' 1504 78-496 CALLE TAMPICO LA QUANTA, CA 92247 THANK YOU FOR, YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Date: cv' I I ` 01 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING RI&V"ED COMMITTEE 2Gg MV 17 Pn 2 98 J NAME: OHN vul<slG — n c , !�!� I LLiJ.L HOME ADDRESS: -4Co-3I I TELEPHONE: (HOME)-1(0-5>lt)- BUSINESS: EMAIL:_ o/UksIGeuG.rr.com FAX: BUSINESS ADDRESS: 44-5�bo le?NN rkMa hVI=., <2M IWO. t'NW t2L�T gZ2�aC IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: ��i'�Y>=CZ� pC�sT•WKSIG�cHITECTs 1'�►TIoN� p�INcI�At. LENGTH OF RESIDENCE IN LA QUINTA _ WT h HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? iYEJ Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. R c DUft t� Ff'�M UfJIVE-0sITY soufH N CAUFMIA Nx) IN t11� Urft?Ohl .W.. 191 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? IIf N. I u - •W l! - ►Lsi tic- specific attitudes, skills and/orWhat .. you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Commiffee? O—^JGI WUL PtWil WILL_ fiu.l.ei' • 'Y Cc WE Irtil ►l:t,iG1/Li► ' tte I i ;- 2. ' Y M!r'R �' � e APPLICATIONPLEASE RETURN THIS CITY CLERK P. • BOX 1504 78-495 CALLE TAMPICO LA • THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Attachment 2 BOB EDWARDS CONSTRUCTION, INC. May 15, 2007 Tom Hartung Director, City of La Quinta Building Department. 78-495 Calle Tampico La Quinta, CA 92253 Hello Tom, I understand the City of La Quints currently has a vacancy on the Building and Construction Appeals Board. I would like to submit my name for consideration to be a member of the Appeals Board. I am a La Quinta resident, President and Owner of Bob Edwards Construction; Inc. and have been a licensed general contractor for 13 years (License #684857). I believe my knowledge and experience of the construction industry would be an asset to the Appeals Board. X(s, Bob Edwards Construction, Inc. 51-455 Desert Club I La Quinta, CA 92253 bedwardsconst.com Fax (760) 777-1139 Kay Wolff P.O. Box 1016 RECEIVED La Quinta, CA 92247 May 18, 2007 2007 My 18 Phi 1 28 CITY OF LA QUINTA CITY CLERK'S OFFICE City Clerk, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 To Whom It May Concern: I would like to apply for appointment as a public member on the Building and Construction Appeals Board. I am a long-standing resident of La Quinta, and interested in fairness within the community. Upon your request, I will submit a resume of my professional and community activities. I can be reached at 564-4070 or kaywoiff@msn.com. Thank you, ''CCl ai�� ---11i1 Iff Cc: Tom Hartung, Building and Safety Director Attachment 3 Dater pa. O DOS RECEIVED CITY OF LA QUINTA 2007 MY 18 PM 3 35APPLICATION TO SERVE ON CITY OaWWA COMMUNITY SERVICES COMMISSION CITI' CLERK'S OFFICE NAME: J �C� Y\ �1�� e &a - HOME ADDRESS: TELEPHONE: (HOME) I� �i �J�i -�a4 a BUSINESS: EMAIL: 1�12G ��t bZ1Z�,ti1 a QJ FAX--- %�� BUSINESS ADDRESS: A ! IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: �2 Q 1^ W-yt V-� HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? �O n Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I•I _a. 19 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? �_ '` --q) What specific a des, skills and/or ex rtise do you think you have which would enhance the the La Quinta Community Services Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU F`O, RR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT _ KD-� of .�� l v (- C ,VED C Y1P n 1 59 C OF TA FFICE .A -fC) pis -t-o Date: A I L Z r% 2 oo 17 CITY OF LA QUINTA RECEIVED APPLICATION TO SERV$07 f�flY 1 BM 11 11 ON LA QUINTA COMMUNITY SERVICES COMMISSKW U4TA CITY CLERK'S OFFICE NAME: ,<; 14 C L--D d HOME ADDRESS: W 1 4 U'O TELEPHONE:(HOMEL"60 9BUSINESS: EMAIL:S V(U(-r0 (� `�1/ 6 U-, (ZM FAX:Cr��o� /7,7,7— �y 1 BUSINESS ADDRESS: rl v i A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: J�C- << � LENGTH OF RESIDENCE IN LA QUINTA: V '-�G'"i��s HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? C-5 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. GCL>o prtG olr IIttkG bk) AQ-TvI-) SC l-(n a L o E G (A) � tic= fyN'P"--Sy L'7(-f uE inu u,26 (0& L t FC- , N 24e-- I IiC��I�IcAL R. , < IN C AS w ae-r sz 61%cts.�. P,)A,L mA-tiAb-&--R-A-A)17 `iC-A CK A-5 tIl cG CAA^r Lc- ,('j9-qL- AFL.'( S GmmiSS'10 d O T APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. X -m 1! � �A c»�'t-SfZG- 1 VO 1,y6k1Cif, -7 C-5 no m( SS oh) (:Vn%C-lC oAiS What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? `L-XPLc$kGOOW-i(A /) F 'ltEL- G( (`f _ b9 L� V(ou CL � �R Oif R ((-,-,>4 d R!�& PJ (. Ll4 C- l F rS�fLC What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? T�1/-i- C1yc)(yj(yj S(o'j A-M �E�I��Te.� A� i�v�(L�-(r�c)4-c1C1,1G, JLi Q pwi s K (W et-c� /�,o D ALL L 7"(-hn 7 r.A)Ou L� i\c- ;a O L O --, . i'Y\ D cT 1 Al PD(T Ftn( ? L- ,4 'S- P,( /k L L-r , CAL-26 AbOO PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT '0 Y o j Date:No f4 2, ? 007 RECEIVED 2007 FIRY 14 AM 11 33 CITY OF LA QUINTA APPLICATION TO SERVE CITY OF LA QUINTA ON CITY CLERtA0()jWA COMMUNITY SERVICES COMMISSION r HOME ADDRESS: �: Co11s LN -280 1C� L iD q 2Z 53 W,TELEPHOON,E,: (HOME) 6 6 - 309 - aa7O _7 BUSINESS: 1U-ZRB^• �X�� OZ O EMAIL• 'aI C01IS @ ya.1100. LOVvr FAX: %106' wig - a )I7 BUSINESS ADDRESS: % -%S SIX C'f'LQJ . CO(kCIA611CL, 9223(P IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Cite (OaCtteJla, PavkS aKd 2&vediO" CeYvt'ct& Ma►u9ev LENGTH OF RESIDENCE IN LA QUINTA: a MOlti' A S HAVE: YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. ALPa_ee S a4&CljCA- rULA. w.e... _f ; " 20 ^d Pma J . Colts APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? 11,e Cov"r"iSS+o\n ,needS -b yapov%.d • t) a 01Irowi DOP 01 k+j o V\ pf ko mina CV Q9 i d ¢ AA:i-S wko art" i ti A eed e a y - row,v�c� aaV k -fuci li -h 2t OA8 re O c►�eGfivvl 0 �i eS . _ 8 o V i rAo v✓ rates+ -Fn A all i' h o A 1 AAA AA.A ii � o c c 41\-o r+ n n...i 4 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? I PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 20, 44280 Marigold Lane (305) 253-8953 a Quetta, CA 92253 anajcolls@yahoo.com Ana J. 7 C®I Lwww.nuforg/2006—dass/colls—a.asp EDUCATION City University of New York, Baruch College, School of Public Affairs New York, NY Master of Public Administration, 3.9 GPA July 2006 Honors: National Urban Fellow (full tuition plus $25,000 stipend), National Dean's List, Pi Alpha Alpha Honor Society Florida International University Miami, FL Bachelor of Arts in Economics, 4.0 GPA, Summa Cum Laude August 2002 Honors: Phi Beta Kappa Honor Society, Economics Academic Achievement Award, Florida Academic Scholars Award (four year merit scholarship) Universidad Pontifica, FIU in Spain Program Salamanca, Spain Course wort: (in Spanish): Advanced Spanish Civilization, Spanish Film Summer 2002 PROFESSIONAL EXPERIENCE CITY OF COACHELLA Coachella, CA Parks and Recreation Services Manager 09/06 — Present Plan, direct and lead the planning and development of parks and community service programs. Represent the City to other agencies and organizations to develop partnerships that nurture the City's community programs and facilities. Facilitated $6 million park rehabilitation program. Special Assistant to the City Manager, National Urban Fellow 09/05 — 05/06 Led the development of the parks and recreation division, including a Parks and Recreation Master Plan and collaborations with schools, nonprofit service providers and grassroots community groups. Coordinated the $1.5 million underground storage tank removal and environmental clean-up of an abandoned gas station property. Produced reports and made public policy recommendations to the City Council. Provided management support to all municipal departments. Served as an apprentice to the City Manager and Finance/Projects Director. FUNDERS' NETWORK FOR SMART GROWTH & LIVABLE COMMUNITIES Coral Gables, FL (Formerly a htaject of the Collins Center for Public Policy) 07/03 — 06/05 Program Associate, Administrative Manager and Webmaster Selected to manage all administrative operations, including human resources, bookkeeping, and IT. Managed membership services and provided resources to national foundations and nonprofit organizations on issues surrounding urban growth and development. Provided programmatic support to the Network's seven projects, including the planning of national meetings and conferences of up to 1,200 participants. Served as webmaster for company website and managed on-line event registration. COLLINS CENTER FOR PUBLIC POLICY Miami, FL Fiscal/Project Assistant 08/02 — 7/03 Managed Accounts Payable. Updated and maintained donor database and ensured data integrity. Intern, The! Growth Partnership, a program dedicated to revitalizing Florida's urban areas. 08/01 — 08/02 Conducted quantitative and qualitative research on social, economic and environmental issues facing South Florida. QUALIFICATIONS & SKILLS • Fluent in Spanish; Understanding of and sensitivity to Hispanic/Latino culture. • Expertise in communications, resource management, strategic,thinking and outcome driven performance. • Experience with smart growth principles, urban planning, park planning and recreation program development. • Proven abilities in partnering, coalition building and community building. • Proficient in Windows, Microsoft Office, Adobe PhotoShop, Blackbaud, DonorPerfect. AFFILIATIONS • Membet, California Parks and Recreation Society • Member, MMASC • Member„ National Recreation and Parks Association • Graduate, Leadership Miami, Class of 2004 .W.- 20 _ May 16, 2007 RECEIVED CITY OF LA QUINTA 2007 MY 16 PM 2 49 APPLICATION TO SERVE CITY OF�,QQ I ON CITY CLEAWI E"p COMMUNITY SERVICES COMMISSION NAME-: DALE NELSON HOME ADDRESS: 79269 Sign of Spring, La Quinta, CA 92253 TELEPHONE: (HOME) 760 771 4462 BUSINESS: n/a EMAIL: <iesertfox5@dc.rr.com FAX: n/a BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU Recently Retired. LENGTH OF RESIDENCE IN LA QUINTA: Two Months HAVE, YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Education: General Degree at City College, Seattle, WA TzTree year Graduate Degree from UnIv. or Washington, Seatttu, it Work Experience: 3 years in US Army Security Agency 2'6—yrs—wttn xatnter was purchased by Security Pacific Bank. Subsequently worked as =Vroiier for KFAC Colp., tus Anyetes, Global Credit Manager for Classic Components Corp. in Torrance, CA Retired last year and moved from Redondo Beach to Indio, but found in the 'Watercolors development. t reatty appreciate and ±ike bhe eiby ef 13a Quinta and wpuld like to volunteer time to help the City continue to improve its parks, reereabien €aeiiibies and wa+kIng tr-ails. APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. None - I iust recently moved to La Quinta and am very interested in Learnina and assisting this Commission achieve its qoals. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? I am not aware of any, but would like to learn and help the Commission to address and complete its projects. My past experience on committee's reporting to city agencies should assist me to learn the goals and objectives quickly. I very much enjoy outdoor activities and would appreciate helping to plan and support those public facilities. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? I was a board member of Bellevue Visitors & Convention Bureau in Bellevue, WA for 12 years, the last 5 yrs serving on the steering committee. In Redondo Beach I was involved with the Baywatch Committee for the last 10 years (aprx 700 members). The last 5 years, I served as their Chairperson which gave me considerable personal contact with the Redondo Planning Commission and with the City Council in support of sensible beach front zoning improvements. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Thank you for your consideration, G, �� 2 0 Date: .&/i / /fin , a00 % CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: .q/1/O.E'Eiq r HOME ADDRESS: JL9- /0, QUi�z' TELEPHONE: (HOME) 660)'�r6V-a106 BUSINESS4760)674/-0998, CXe-- 1 <.� /�/Vl�E2/IDLY f 7UORAICR LCA BUSINESS ADDRESS:7</�04 &I �3uift �?O/, /nd�'Ct/7Lt�eI/s. 9a?c210 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: ,_3'ce c2boYc QC.f/ I-'fss — .Oaz:a_ O_z LENGTH OF RESIDENCE IN LA QUINTA: L' S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? JC/ES Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. i'960-ye � <f ZL&t 2e/ied lr�yezme - OV _9 W LLl E �.. CL U w— y F- r U �. 20 . APPLICATION, COMMUNITY SERVICES COMMISSION PAGE Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? 0 1 tfi What specific: attitudes, skills and/or expertise do the La Quinta Community Services Commission? which would enhance the work of irze L-70 chi 12ue . PLEASE RETURN THIS APPLICATION TO: ' CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ANDREA C. GASSMAN 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone and Facsimile: (760) 564-2100 EDUCATION: Ed.D, abd Pepperdine University, 1993 Institutional Management/Department of Education and Psychology Loyola Law School and Law Office Study, 1983 and 2002 MA University of Iowa, 1974 Guidance Counseling/Department of Education and Psychology BA University of Dubuque, 1973 Psychology Education EMPLOYMENT: Paralegal Anderholt & Turner LLP 2006-present Paralegal/Calendar Clerk Walter Clark Legal Group 2006 Litigation Paralegal Best Best & Krieger, LLP 2004-2006 Law Clerk William S. Bonnheim 2004 Law Clerk Martin C. Brhel, Jr., APLC 2002-2004 Care Giver 2000-2002 Office Manager/Legal Assistant Law Office of Nicholas G. Spirtos 1982-2002 Account Representative Metropolitan Life 1996-1997 Vice President Compensation Strategies 1988 Development Director Junipero Serra High School 1987-1988 Co -Founder Pacific MS Research Foundation 1982-1997 President C.O.S.T. 1982 Director of Youth Services American Heart Association 1980-1982 Director: Donor Services Shelter Services United Way 1979-1980 Youth Consultant Developed YDAT American Red Cross 1977-1979 Guidance Counselor Developed VITA UCLA 1974-1977 Counselor/Teacher Kennedy High School 1973-1974 -1- CREDENTIALS AND LICENSES: California Life/Health Insurance License, 1996 Notary, California, 1995-present California Rape Crises Counselor, 1995 California Pupil Personnel Services California Teaching, grades 9 through 14 Lifetime Teaching, Illinois, Iowa, Wisconsin, grades 9 through 14 PROFESSIONAL ORGANIZATIONS: Amnesty International, 1989-present International Platform Association, 1990-present; Governor, 1994-2002 La Quinta Community Services Commissioner, 2006 - present La Quinta Cultural Arts Commissioner, 2004-2005 La Quinta Playhouse, audience membership National League of American Pen Women, 1996-2004 Natural _Preservation Committee, 1996 - present Smithsonian — Contributing Member, 1998 - present World Future Society, 2002-present World Wild Life Association, 1988-present HOBBIES: Painting, Knitting, Yoga, Weight Lifting, Roller Blading, Bicycling, Cooking -2- Date: "/ `1v -0 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: /�06 HOME ADDRESS: F6 V 9P 1%v-Ior ;)&ices- _ L� C )A:;;r-v TELEPHONE: (HOME) / - rg 4�Pz? BUSINESS: /6O- Jib 7 470-6 EMAIL :_ff09Ze5-1 A1(5ve e DC . gee. CGn� FAX:_�G � ' �- f'� 6 7 BUSINESS ADDRESS: /-� • /-.-v a/'&w ?;?�Zu IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS YOU HOLD: �jEJ'T C-7Ae-&-S /I/�TwarzKIivc LENGTH OF RESIDENCE IN LA QUINTA: - / HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 7 1!5-f Biographical sketch, including education, work experience, civic involvement and other back- ground. Please a sure to include experiences relevant to duties of the position you seek. n ANT : b � T � m N Application, Community Services Commission - Bob Leidner Page 2 • Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Service Commission. o Having served on the commission for the post four years, I have had the opportunity to become fully involved in the meetings, obligations and activities that are a part of the responsibilities of a Community Services Commissioner. o I have completed the ethics training program that is required by the state which further qualifies me to understand the necessary procedures and standards involved with the position. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? o At present, I believe the commission is able to accomplish the tasks that we are presented without much difficulty. However, I believe that the City Council does not currently utilize the Commission to its fullest capability. There might be opportunities for City Council to have our Commission become more involved in fact finding or research tasks that currently fall into the laps of City Council. If such areas do exist, the current Commission is made up of very strong professionals that I believe can handle greater responsibilities and are willing to do so. o Getting the community involved with regard to discussions that the city may be facing is a challenge for the Community Services Commission. We haven't had much success in gathering interested citizens to participate in discussions at our meetings. I would like to 'see the Commission do a better job as a liaison with other organizations as well as develop a stronger relationship with the Desert Sun in order to prompt meaningful dialog on issues that concern the entire community. 2.1 Application, Community Services Commission - Bob Leidner Page 3 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community services Commission? o My experience and approach, both as a businessman and as a volunteer, have been based upon the same principles. In order to make sound recommendations I believe you must: • Understand the ultimate goals ■ Envision the rewards of accomplishing them ■ Realize the consequences of not achieving the goals ■ Acknowledge the possible obstacles ■ Recommend the possible solutions o Lastly, your recommendations must be made with a high degree of integrity, and must be in the best interest of those you are serving. If selected to continue as a Community Services Commissioner, I am hopeful that my solution -based management background and my desire to remain an active participant in La Quintas future will prove to remain of value to the Mayor and to City Council. Thank you for you consideration. Bob Leidner V � ` Bob Leidner Recent or Current Civic & Board Affiliations • Commissioner - City of La Quinta - Community Services Commission • Committee member - La Quinta 25"' Anniversary Planning Committee • Board of Directors - CVSPIN - Coachella Valley Serving People in Need - Organizer of the annual Tour de Palm Springs Bike Ride for Charity. • National Board of Directors - Association of Professional Energy Managers (APEM) • Member - NEMRA - National Electrical Manufacturers Representatives Association • Member - NACM - National Association of Credit Managers • Certified - Green Lights Ally - Environmental Protection Agency (EPA) • Member - AAGLA - Apartment Association of Greater Los Angeles • Sponsor - La Quinta Sports and Youth Association • Affiliate Consultant- Resource Associates Corporation • Member - Distributor Council - Philips Lighting - Somerset, NJ • Member - Advisory Board - California Restaurant Association • Member - Advisory Council - Radiant Lamp Manufacturer • Chairperson - Kir4s College and Seminary Golf Tournament and Auction • Member - BOMA - Building Owners and Managers Association • Sponsor - Valley Christian Athletic Association • Board of Directors - Regency Lighting BOB LEIDNER 56498 Palms Drive La Quinta, CA 92253 760 564-4427 Relevant Work Experience 03-• Present - Best Practices Network, Inc. - President / CEO • Consulting practice specializing in the following; o Business Planning and Strategic Thinking for small to medium size companies (under $100 million) • Building the correct team in order to achieve maximum growth potential • Taking the company to the "next level" • Methods for maximizing profit potential o Classroom style training for companies and individuals on topics including: • Leadership • Management • Customer Service • Sales • Executive Leadership o Classroom style training for teens (Americas Rising Stars) on preparing for a leadership lifestyle • Plus Sales Division o Establishes distribution network throughout United States and Canada for lighting products imported from Asia. 82-03 - Regency Lighting - President / CFO (Retired in 2003) • Built company from start-up to $60 million in annual sales and 250 employees • Designed all initial processes • Developed management team • Took the company from local to statewide industry leader • Took the company from statewide to national leader • Built network of 5 locations across the U.S. with structure prepared for additional locations • Responsible for oversight of all departments including sales, service, distribution, purchasing, accounting, IT and HR. Relevant Work Experience Continued - Bob Leidner 82- Present - Leidner Properties - Co -Owner • Own and manage apartment buildings in Greater Los Angeles area along with my wife Sue. 80-82 - Jerry's Famous Deli - General Manager • Full charge manager for second highest volume restaurant in Los Angeles area • Developed framework for expansion of four additional locations 78.80 - Improving Tomorrow Today - Business and sales training and consulting - Owner/Partner/Consultant Provided sales and motivational training programs (Nightingale- Conant, Tom Hopkins - Champions Unlimited) to companies and individuals 76.78 Continental Conservation Systems - VP Sales and Marketing • Developed marketing strategies and a sales force of nine local representatives selling patented energy conservation products to large industrial and commercial facilities • Increased company sales volume by nearly 500% in my two years with the firm 73-•75 - Wil Wright's - Director of Operations Responsible for a ten restaurant chain and ice cream manufacturing facility • Primary achievement was to turn around annual losses in excess of $2 million to a projected loss of $500,000 in two years. This enabled the owner (International Industries) to sell the company in 1975. Date: goo? Nap 43;rtmay ZA � CITY OF LA QUINTA APPLICATION TO SERVE C E I V E D ON LA QUINTA COMMUNITY SERMUW C®IIANSWA CITY OF LA QUINTA NAME: np-t Lcd f CCJITY// CLERK'S O' FICE HOME ADDRESS: /nZY Rycmid l P,t.U7lO _ TELEPHONE: (HOME) 5ce q - alo 8'S BUSINESS: r200 - Ca C? X C . BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:-POrAxCr 6USincs-� otamr LENGTH OF RESIDENCE IN LA QUINTA: C26 VeaP✓5 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? eS— r I T r !Y a9a�n Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. � ryr"" n r/i7 ii� Date: 1 y -© 7 NAME: CITY OF LA QUINTA APPLICATION TO SERVE ON RECEIVED 2007 MRY 14 AM 10 08 LA QUINTA COMMUNITY SERVICES COMMISSIONT LA QUINTA CITY CLERK'S OFFICE U HOME: ADDRESS: TELEPHONE: (HOME) rAm:: (-7 I M q EMAIL.: FAX: BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? I0 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. _W_1 2 1 c APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. NOW What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quintal Community Services Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT _2 � : CURRICULUM VITAE 47892 Endless Sky La-Quinta, Ca (760) 771-3746 BORN November 27, 1939, Newport Rhode Island EDUCATION High School Student Council COLLEGE: University of California, Los Angles 1962-1964 John Anderson Graduate School, UCLA, 1984-1988 Certificate in Business and Real Estate Marketing California State License in Real Estate. California state license in Insurance. EXTERIENCE: College of the desert Golf center week —end Manger. June 2006 - at present. Professional association Certificate of Achievement for an outstanding service, 27 '/z years, County of Los Angles, Retired. Los angles Times paper outstanding achievement In real estate, sales, May 1994. Sherman Oaks chamber of Commerce Business award. 1965-1990 Staff assistant to Phil Watson, County assessor. PROFESSIONAL 1990-1996 Fred sand Realtors, Realtor APPOINTMENT: 1997-2000 Precise marketing Inc. In Advertising with LA Jewish Time ACTIVITES: Jogging Golf Skiing and Tennis 20:i Attachment 4 Date: 05' li - 07 RECEIVED CITY OF LA QUINTA 2007 MY 17 PM 4 04 APPLICATION TO SERVE CITY OF Lp �,If� �T� ON ' CITY CLEkiN�a�°` HISTORIC PRESERVATION COMMISSION NAME: _ Zoe)e/z-` - S • I/Jt1(e11= HOME ADDRESS: q43,50 i^Axvi i d o L-p. VAJ OA TELEPHONE: (HOME)-X0 -?Z0- s3S2� BUSINESS:760 • 4o& . -%46Z Z • 1 BUSINESS ADDRESS: b. 1 �-�3S �, QJ .J j �► 'r! Z IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: _��a DerJ�' . — 1�1�.t;12�►�- L�/G� -� t1.E Inlr,. LENGTH OF RESIDENCE IN LA QUINTA: I IL, YeAa .,- HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. .Ic.. _ 1� %�.�A I ,AD r� APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 ' Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission. I'd- - r , !✓ What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? What specificattitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? w w PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Date: -3 7 CITY OF LA QUINTA RECEIVED APPLICATION TO SERV17 118H 19 pm 1? ul ON LA QUINTA HISTORIC PRESERVATIOIN` A l CI L S OFFICE NAME:_ �EGGy REQ/IiDN HOMEADDRESS: 77-619 (-Qlle- &Seflao.7 Za QLj1',j4-a TELEPHONE: (HOME) 760 ZbZ-94 SVO BUSINESS: SA tie E EMAIL: ,O!ggy �atJi� ale- - rr. coM FAX--?60 771- IYV(o BUSINESS ADDRESS 77-6/9 6//&— Fhsenaoia /'a- Qyi`ti7'+ IF EMPLOYED, LIST YOUR /JEMPLOYER , AND POSITION(S) YOU HOLD /O %e LENGTH OF RESIDENCE IN LA QUINTA: dear-s HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please Please be sure toinclude experiences /relevant to d/uties, ,of the position you seek. J1)_ S� Una'✓ers/�y ftC/m.7�Pd �A2— /`%�`� /old 1-f-jCe-Hme. &-QA o1 Sri %each; r4 &e 4i'A.1/ 1 CR/-kM, at &>- /fires)"dew, S�ronfi"a„'54 - 9.iAr- A P N Cc vb aar e,d- Ae"t bar % Qe-ser4 [ , tf�SOc�a �'o n ' 1 C✓ LJ,ap7�Pe^ (fit �iYh�� li�sOc%a/ioh �� Mmknr"/Ci C'i S ck sepe- O A �'� �a�-c`yv ofy.°sov-u �exri e �JJ �on� rt•� i -i-feE. ' S�.r� 8 a - a f --------------- v` APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission. �sl11 ` iw ,Cli��d%nR S D/ ��c�r`c /�M2s lC5 �Cr�.�a. /O ("n,o%M&'E 4- %z L c seyrtr , /o cy2-)4- Stie s re-49AS1CLVo; r`es¢orr. kia&L al- s/fes What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? To k:em V-4e- wa-r'r kN 40%'cz1 Zo 1 -I vve, e-xQ P Oub!�c�z� , _ ^Useolvl What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? Gi%h in /Uor�l, r4r iw a GtlDf / et,-W e, 9-510 ,'c. r j° dr d . aA, . rn, s !roes %�a , ec%ek �o i.� vie cJ/h �.IJA a�sc ay� A- rvorKh-o slur`ca M / // A* PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504- - 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT r, bb/1Ll, bIou 191 UU rumlL IIYL rmlv"Im ONII\ I J1fOJf f f fl✓JJ Attachment 5 6C E! RFD car F/� 2 �7 ctOF �K S OF'FrA cF Jime 12, 2007 Veronica Montecino City Clerk City of La Quinta PO Box 1504 La Quinta, CA 92247 R.e: Gary Egbert-Resignation from Investment Advisory Board Dear Ms. Montecino, Please let this letter serve as notice of my intent to resign from the Investment Advisory Board effective today. Circumstances beyond my control prevent me from regular meeting attendance which is neither fair to the City of La Quinta or the other Board members. I very much enjoyed my association with the existing Board members and John Falconer and his entire staff. The City's cash portfolio is truly in well managed. I hope someday that I'll be able to return to the La Quinta area `full time' and either rejoin the Board or serve the community in another way. Gary e . Date: U - ,/1`0 7 R E C E I Uf(jY OF LA QUINTA 2007 nflY 15APPLICATION TO SERVE PM 12 1ON THE LAr,WWTA 11tyfTfrMENTADVISORY BOARD CITY CLg F�cE D NAME: HOME ADDRESS: / 7 - 9/ J r ,, TELEPHONE: (HOME)/4 - 57n l� -� 7 F 9 BUSINESS: lS /� — a� F— 6'3-2-� _ ? 7 - yo S-p BUSINESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: I'C� LENGTH OF RESIDENCE IN LA QUINTA: 610 HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek_ br�� APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 your knowledge of the functions, regulations, and La Advisory Board. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT EDWARD T. HACKNEY 79-915 Rancho La Quinta Dr. (769) 564-6799 Phone & Fax La Quetta, CA 92253 edhackne@hotmail.com EXECUTIVE SUMMARY An entrepreneur, general manager and results -oriented General Counsel with broad business experience. Significant legal experience in: Anti-Trust/Trade Practice, Contracting, Corporate Governance, Environmental, Customs, Intellectual Property, International, Litigation Management, Product Liability, and Transactions. Managed own business and the Domestic and International Legal functions, Government and Community Affairs, Public Relations, Customer Service, and Insurance Departments, Real Estate and Environmental Projects for Public Companies. PROFESSIONAL EXPERIENCE RLED, LLC. Burbank, CA 2001-2007 Member and Operating Manager With four others founded a profitable energy drink business that has grown from no sales to sales in the US of an estimated $4.8M in 2006 in 26 states through 54 distributors. Established a majority owned European subsidiary which is currently selling in Slovenia, Poland, Netherlands, Belgium and Austria. SOMICORP USA, INC., Atlanta, GA 1995-2000 Senior Vice President and General Counsel Member of'senior management team of $400 M diversified manufacturing subsidiary of Australian company. The principal business was in turnaround. Created first law department as stand alone General Counsel. Was responsible for insurance department. Reduced costs over previously out -sourced legal services and increased the level of legal and insurance service provided throughout the company. Provided critical input on key issues. Reported to CEO and Board. Principal accomplishments: • Reduced serious product liability caseload of turnaround business by 50%. Provided basis for insurability at reasonable cost • Helped establish an industry wide defense group, managed in excess of 18 class actions, which threatened to bankrupt industry. Secured favorable national settlement Managed additional unrelated class actions on cost effective basis. • Introduced and maintained comprehensive Secretarial and Governance procedures to protect against piercing the corporate veil in complex corporate structure. • Coordinated development of patent portfolio, which promises to generate substantial revenue and be basis for enhanced market share. • Maanaged wide variety of litigation including discrimination, environmental and other issues on cost effective basis. Established procedures and resolved serious exposures in HR area • Identified and resolved issues, which raised anti-trust or other governmental liability. • Sold multiple environmentally impaired properties while eliminating liability estimated from $5M to $20M. ,a, 2 EDWARD T. HACKNEY 2 PROFESSIONAL EXPERIENCE (Coat) TUPPERWARE, Orlando, FL 1990-1994 Vice President and General Counsel Member of senior management and policy groups of $1.2B worldwide business, ($1 B/Intemational) during dynamic reorganization both in structure and conduct of US business, reported to CEO. • Provided legal services with staff of 4 attorneys for $1.2 billion worldwide business with sale in 55 countries and manufacturing in 15, including entry into new countries in Central Europe, Near East and Latin America. Personally provided legal service to $300M Asia/Pacific Operations. • Employed preventative law concepts to increase "in-house" effectiveness and reduce costs an average of 100/6 per year. Legal services provided through a combination of personal, staff and outside counsel. • Terminated 25% of franchisem with only one litigation which company won by Summary Judgment at very low cost. • Negotiated settlement of I I -year -old Australian, multi -defendant patent litigation, obtaining $6M payment avoiding $IM in expenses. Best prior offer $IM. • Participated in analysis of failing business, implemented steps to stabilize and restart growth using motivational programs, distributor replacement and modified credit policies. • Instituted Alternative Dispute Resolution and case evaluation techniques reduced first year expenses by $500,000 off a base of $2.5M. Average caseload down from 45 to 23., and gross reserves from $13M to $6M. • Co�reated a program to remove up to 10% of cost from a value chain of $200M U.S. distribution business and refocus distributors on sales growth. THE WEST BEND COMPANY, West Bend, WI 1977-19" Vice President and General Counsel West Bend Company is a $250M U.S. housewares company. • Lead counsel in the acquisition of six companies and the divestiture of five diverse businesses with extremely low transaction costs. • Led Product Safety Committee. Reduced product liability exposures significantly. Over ten year period new cases were reduced from an average of 10 to 2 per year. Drove design effort for a safer product, which led to a modification of the industry standard and adoption of the new concept industry -wide. • Managed portfolio of product liability cases reducing annual average open cases from 35 to 5. Won all cases tried but one; settled those not winnable very cost effectively. Settled one case releasing reserves, which constituted company quarterly profit. • Led a multi -company task force to change state law. New I.aw saved Industry tax of at least $IM a year. • Member of senior management team which restructured company by: • Reducing head count in administrative area by about 1/3 (200 people), and product development cycle time from average of 18 months to less than one year. • Creating Just -In -Time Manufacturing environment, which reduced inventory. • Developing partnerships with major customers/vendors. Led to significant annual savings. • Decided business strategy including product outsourcing, acquisition and divestiture. Improved profitability significantly. EDWARD T. HACKNEY EXPERIENCE (Cont.) NATIONAL. PRESTO INDUSTRIES, INC., Eau Claire, WD 1973-1977 Associate Resident Counsel A $100M U.S. housewares company. Provided hands-on legal to all segments of business, most notably Sales and Purchasing with emphasis on Advertising, Contracting, Customs, Product Liability and Safety. EDUCATION Masters oi'Business Administration, University of Wisconsin, Milwaukee 1990 Juris Doctorate, Cum Laude, Creighton University 1972 Bachelors of General Studies, Business Major, University of Nebraska, Omaha 1970 ADMISSIONS Nebraska, Wisconsin, Florida, Georgia & California N Date stamped RECEIVED CITY OF LA QUINTA2007 (NRY 17 PM 4 34 APPLICATION TO SERVE ON THE CITY OF LA QUMTA LA QUINTA INVESTMENT ADVISORY 130 EMS OFFICE NAME: HOME ADDRESS: TELEPHONE: (HOME) EMAIL: BUSINESS ADDRESS: DONALD J. MOULIN 58-106 ARACENA LA QUINTA, CA 92253 760-564-1081 donbarm(a)aol.com NONE (BUSINESS) NONE FAX: 760-664-1081 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS YOU HOLD: NIA LENGTH OF RESIDENCE IN LA QUINTA: NINE YEARS AND TEN MONTHS HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? YES, MEMBER SINCE JULY 1, 1998 Biographical sketch, including education, work experience, civic involvement and other background. Separately attached. AF'YLIUAI1UN, INVtbIMLNI AUVIJUKT tfUAKU PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. • Knowledge of the functions, regulations and procedures obtained from 9 years of prior service on the LAB. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? • During my initial term on the IAB, I identified several matters that required attention and change. The ordinance did not accurately describe the functions of the Board and the investment policy did not recognize and distinguish between U.S. Treasuries that are backed by the full faith and credit of the U.S. Government and government sponsored entities, such as Fannie Mae and Freddie Mac, that do not have such backing. These changes were adopted. • During the last four years the LAB considered and drafted a change in the investment policy to allow the City to engage an independent professional investment portfolio management firm to invest a portion of the City's funds. The City Council accepted the changes to the investment policy proposed by the IAB that provide a framework for the engagement of a portfolio management firm. An important issue for the IAB and the Council is whether or not to engage a portfolio management firm. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? • A thirty-four year public accounting career using technical and inter -personal skills having a foundation based upon competence, discipline, performance, client satisfaction, integrity and ethics. Included evaluation of organizations' cash management and investment policies and the internal and external controls over these activities. Also, experienced in public offerings of securities by governmental bodies. • Government executive and administrative experience through service as Chief Deputy Savings and Loan Commissioner for the State of California providing an understanding of the responsibilities, obligations and limitations of governmental bodies. • Personal experience directing, overseeing and evaluating performance of cash management and investment activities, including volunteer service as Treasurer of the Rotary Foundation of Washington, D.C., having a multi -million dollar portfolio in several funds, and as Treasurer of the Boys and Girls Clubs of Greater Washington, a $10 million operation. • Personal commitment to serve La Quinta -- my community! PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT M y o. QUALIFICATIONS OF DONALD J. MOULIN, CPA, FORA POSITION OF MEMBER OF THE LA QUINTA INVESTMENT ADVISORY BOARD 58106 Aracena La Quinta, CA 92253 (760)564-1081 Retired senior partner of international accounting and consulting firm possessing strong interpersonal skills and experience in corporate governance, financial controls, fiscal reporting and ethics. EXECUTIVE LEVEL PROFESSIONAL EXPERIENCE SENIOR TECHNICAL PARTNER KPMG LLP', WASHINGTON, D.C., 1979-1991. Served as partner -in -charge of professional practice, liaison partner to Securities and Exchange Commission (SEC), vice chairman of SEC Reviewing Partners Committee, and an audit engagement partner. Developed financial oversight policies for boards of directors. Reviewed and recommended improvements in accounting. Resolved financial, audit and filing issues with the SEC and other agencies. RESOURCE PARTNER KPMG LLP, NEW YORK CITY, 1976-1979. Researched and responded to technical accounting and auditing questions in the office advisory group of the department of professional practice -professional standards and quality assurance in KPMG's executive office. Directed pireparation and publication of KPMG's booklet, The Audit Committee. CHIEF DEPUTY COMMISIONER, STATE OF CALIFORNIA,1969-1971. Appointed chief deputy savings and loan commissioner by Governor Ronald Reagan. Directed administration of department of savings and loan, including annual budgets and control over expenditures. Administered department's oversight of troubled thrift institutions. PROFESSIONAL SPEECHES AND PUBLICATIONS Presented papers to professional bodies including the Annual Conference of the International Organization of Securities Commissions, Annual Conference on Current SEC Developments of the AICPA, the Corporate Financial Management Conference of the NAA, the Annual Meeting of American Accounting Association, and International CFO Institutional Investor Seminar. Published papers include Practical Means of Promoting Common International Standards, co- author with Morton B. Solomon, The CPA Journal, December 1989, pp. 38-48; Financial Accounting for Divestments", chapter in Corporate Controller's Manual, pp. 33-12 to 20, Editor Paul J. Wendell, Warren, Gorham & Lamont, Inc., 1981; and Financial Accounting Aspects of a Conversion"., chapter in Savings & Loan Conversions -An Overview, pp. 87-99, Editors Frank R Gailor and Donald E. Bums, Exchequer Press, 1973. Served in leadership and membership positions in American Institute of Certified Public Accountants., CPA societies in California, New York and District of Columbia, American Accounting Association, Boys and Girls Clubs of Greater Washington and Rotary Clubs of Washington, New York, and San Francisco. EDUCATION University of California -Berkeley, B.S. in Business 1954 Attended KPMG sponsored executive education graduate programs: Stanford Business School, 1974 and 1987; Harvard Business School, 1978; and J. L. Kellogg Graduate School of Management, 1983. �� , ' KPMG LLP is the successor of Peat, Marwick, Mitchell & Co., Peat Marwick Main & Co., and KPMG Peat Marwick .-F`. Z 1 Date: b CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE 2007 nflY 1-$ pp ON THE LA Qt1�VA DFAVESTMENT ADVISORY BOARD rW,TY OF LA QUIN,�TA NAME: kFw S AW, HOME ADDRESS: TELEPHONE: (HOME) %6 -7 %/ — 02- B BUSINESS ADDRESS: IF EMPLOYED, LIST YOUR EM 1AS AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: y s'0A s HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? �p Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. off%/ ` (ger-'V �""Ok�yr' ' E �' O. APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory What specific issues or problems face the La Quinta Investment Advisor" Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT r 23 Date: 4'7 200 CITY OF LA QUINTA APPLICATION TO SERVE ON THE RECEIVED LA QUINTA INVESTMENT ADVILW1WyEkQAFP y 01 �j ��&�L� (�T � C-. TY OF Lis QUINTA NAME: P 2flS�I HOME: ADDRESS: 3o�yz©`TacczovL C-A,g7zs3 �o�� TELEPHONE: (HOME) 00 E;(Oq —3t1$4 \BUSINESS: 6126 10Z3 -4( S-7 EMAIL.: �eO(U ��OC�tTC2SOSS • C� FAX: BUSINESS ADDRESS: (Gafte 0.S Cc�B0�� IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: LENGTH OF RESIDENCE IN LA QUINTA: ��u Skiff HAVJE YOU EVER TTEND D A METING O THIS BOARD? IJo �u� Fe to W-2& tnJ��rly. s 1M.2 e � v s 'qX FL�� vtac y tLk , 2-OD-1 0,4 t�A�Urclti k 41260p Biographical sketch, including edu ation, work experien , civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. &?>z ciI:�V'es back cMA aL'A Ve 1eway.k e c wteuc-e— �Ate CvcV �ca� b �ti nq a � RIO V-1 ulq -Q-X ��-4�4C' . 23 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory 6,VA ace rules 6RSat'CQPX aa What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? Ti,,�,,� � �c �� c'�k. R o\ oc�ca�-'�uKs cM- ti+c�%�,-��sc.� �,.� • — What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? �OIC`��t.�s2 6St2u.�ee� , �'-�e6�elnceaQ a� �-QRW.k'�s�C.. l,��c C6u�.�evLslxS- u.��iuq PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247 TFIAIVK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 2 3 't 80-420 Torreon Way La Quinta, CA 92253-9039 Email tedAtheodoremss com Website: w .theodoremss.com Phone:(925) 6234187:(7601564-3484 - Sole Proprietor (La Quinta, CA) • Managing $10 million of U.S. equity portfolios. • Serving private individuals, executives, and business retirement plans. • Distinctive competence in individual stock selection and prudent hedging techniques. • California licensed since July 1992; SEC registered December 1991 — July 1997. Inc. d/b/a "ComputerLand" (Concord, • Facilitated 1987 private placement of $1.5 million of convertible subordinated notes. • Assisted 1988 acquisition of Sacramento -area store chain. • Planned 1989 acquisition and consolidation of Bay area store chain. • Established and managed $40,000,000 of asset -based credit lines. • Initiated corporate sales effort responsible for $20 million of new account sales. • Planned and financed corporate development leading to 1991 sales of $150+ million and 1992 acquisition by Computerland Corporation ("Vansta"). TtM Rock Capital Management Inc. (South San Francisco, CA) • Assisted in forming new equities and options management company. • Served as president and treasurer during initial start-up period. _114llif0-_%! RE TM XXTt D G 1}Yi Kuehn Rock & Mazour Options Management Company, LP (San Francisco, CA) • Established $5+ million of new client investment portfolios. • Compiled firm's initial seven-year track record. • Designed and implemented results -oriented methodology for equities and options. Merrill Lynch Pierce Fenner & Smith, Inc. (San Francisco, CA) • Established 150+ new client accounts. • Sold new issues and company -researched issues. • Facilitated professional third -party discretionary management of client accounts. 1981 - 83 MBA - FINANCE AND MANAGEMENT STRATEGY UCLA Anderson School of Management (Los Angeles, CA) 1972 — 76 BA - BUSINESS ADMINISTRATION University of Washington, (Seattle, WA) THEODORE FREDERICK ROSS Page 2 of 2 . ..�. .. ... ...i� ... ..�... a. tea. '.:uu...ta vu_ s l�ria i..: �s......m..-..me. .. .wrbv.3o.+�uwb.sa.. iti.'a.u......a..s....... a_...........asu._.. �.....� 2000 - 05 SECRETARY, TREASURER, HANDICAP CHAIRMAN Bay Area Benefits Golf Club (NCGA Associate Club #53-097-1/3) 198.5-98 SECURITIES EXPERT WITNESS NASD Arbitration, Superior Court, PSE Arbitration 1984 - 98 SECURITIES ARBITRATOR National Association of Securities Dealers, Pacific Stock Exchange 1984 - 85 DISTRICT GOVERNOR, TRUSTEE University of Washington Alumni Association 1983 - 84 LOS ANGELES OLYMPIC ORGANIZING COMMITTEE Assistant to Venue Manager, Stanford Soccer w. • Interests: competitive golf, running, travel, and literature. • Height: 6'0'; Weight: 170 pounds; Health: Excellent. • Married (20 years, no children). CBI 0 attachment Date: J / <3 a 7 Ind CITY OF LA QUINTA APPLICATION TO SERVE ON THE 141_ _ - hMVED LA QUINTA PLANNING COMMISWMIfly 17 Rn 11 33 tl/t CITY OF LA QUNJTA r ITY rl r:DV'c nccin HOME ADDRESS: q 7 Y46 Y / /4 �_ % (i Ole N c 9 e? ;Z,j"-3 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) SG4 — ,Z * d BUSINESS: 7o l — '714 G . COr'1 BUSINESS ADDRESS 780ao Fi'EO l/410Aic — p'-ftM DEsc-�9��lI IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD C vt b G.JEz�. L LENGTH OF RESIDENCE IN LA QUINTA: 3 YE/1' X S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. APPLICATION, PLANNING COMMISSION " 2 �_ , PAGE 2 , 5 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. It is the responsibility of the Planning Commission to implement the policies of the city as established by the City Council and the Planning Commission as stated in sections 2.29.010, 020, 030 and 040; review all information from staff and applicants; attend scheduled monthly and additional meeting as required; apply common sense in decision making; and consider the impact 1 of those decisions concerning neighboring projects, traffic, schools, parks, etc. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? - The city is experiencing a period of exceptional growth and development. In order to insure the growth results in continuing desirability to new residents, a sound, well -developed plan needs to be followed. This should be combined with an open-minded attitude to flexibility and change. As the city grows, attention must be paid to infrastructure, traffic flow, commercial and residential development, schools, public parks, and facilities for all age groups. What specific ,attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? With 35 years in building, development, banking and exposure to community master planning. 1 bring a broad background of experience to the Commission. 1 have made a number of presentations before planning commissions and city councils which enables me to understand the application process from both sides of the podium. I have served on numerous boards of directors and committees where I have demonstrated good interpersonal skills in interacting with fellow committee members. staff, .and the public. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78A96 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ��:.. 2 44 FRANK P. BLUM 47840 Via Livorno La Quinta, CA 92253 760-701-9146 EDUCATION: Bachelor of Arts Degree in Economics, California State University, Long Beach Frank BIum has twenty-five years experience in banking, equity and debt financing, land acquisition, entitlement, construction, marketing, project management; development of multi family, commercial, single-family housing and real estate sales & acquisition. Skilled in conducting feasibility studies, cost break down analysis, ROI, and budget analysis. Experienced in property acquisition, land acquisition and entitlement, including presentations before planning commissions and city councils for entitlements. EMPLOYMENT: June 2004 COLDWELL BANKER Relocated to the Coachella Valley and joined Coldwell Banker Commercial. Represent buyers and sellers, landlords & tenants for commercial property, apartments, raw land and subdivisions. Duties include leasing The Atrium, a 61,000 sq.ft. mall. Occupancy has been increased from 45% to 90%.since August L 2004. This years sales to date are $9,000,000 2002 to 2004 REXFORD CAPITAL/George Smith Partners. Broker private and institutional equity to builders & developers in Southern California. Focus was to builders that build between 25 and 500 homes, Condominiums or Town homes per year. 2001 to 2002 GRANITE INVESTMENT GROUP. Director Capital Formation. Responsible for underwriting projects and raising equity and mezzanine financing for this $700,000,000 apartment house owner, including the financial modeling. The company acquires and repositions 100 to 500 unit multifamily apartment buildings in the western states. The emphasis was to establish relationships with Wail Street and Pension Fund equity sources. 1998 to 2001 WASHINGTON MUTUAL BANK. Manager Inland Empire construction lending division. Responsible for opening and developing the Riverside county region to medium and large privately owned builders and developers. Duties included origination; underwriting and loan management. Reporting included monthly and quarterly status, financial stability and completition probability. Conducted and supervised the valuation, due diligence, financial modeling, and capital structure analysis. Project financing included land acquisition, development and construction. This division had the responsibility of developing $150.000,000 annually. Page 2 1972 to 1999 B.E. DEVELOPMENT/ REXFORD CAPITAL. Owner. Developer and Mortgage/Equity Broker. Responsible for development of multi -family, high end single-family detached housing, and commercial projects. Financial responsibilities included raising equity capital from high net worth individuals. The duties included land acquisition, entitlement, financing, bidding and managing all phases of the project from acquisition through construction and sale, including presentations before planning commissions and city councils for approvals. Projects include acquisition, renovation, financing and sale of multi -family units, a commercial strip center in Long Beach, a PUD in the city of Orange and the construction and sale of waterfront homes in the Naples area of Long Beach and Huntington Harbor, Huntington Beach (price range $800,000 to $3,000,000). BUSINESS AND CIVIC ACTIVITIES LaQuinta Rotary, Treasurer 06/07, Secretary 07/08. President-elect 09/2010. Member, International Council of shopping Centers. Past Member, Building Industry Association, National & Southern California. Past Member, Mortgage Bankers Association. Past -President Bixby H1lls Community Association. Past -President, Presidents Associates, CSULB, Past - President, CSULB Athletic Foundation. Past -Vice President -Long Beach Rotary, Board of Directors, Membership Chairman, Long Beach Grand Prix. Board of Directors, Boys Scouts of America. Board of Directors, Long Beach City College Foundation, Chairman Audit Committee. DEVELOPMENT PROJECTS Long Beach, Belmont Heights. Acquired strip center in this beach community. Rehabbed the building and parking lot. Re -leased to new tenants that upgraded the interior spaces. Re -leased for long; term, triple net terms at 300% increase in income The Mariposa, a 99 Unitnine story apartment building, in the Ambassador Hotel area of the mid Wilshire district of Los Angeles. Completely rehabbed this class "A" building and arranged capital structures. The building consisted of singles, one and two bedroom apartments. The Gramercy, a 66 unit six story class "A" apartment building in the Hancock park section of the mid Wilshire district of Los Angeles. Rehabbed and re rented the building with fire doors and retrofitted with sprinklers to comply with Los Angeles fire code. The Rossmore, a 43 unit five story class "A" apartment building in the Hancock park section of the mid Wilshire district. Financed, rehabbed and re rented this classic building. Orange Park Acres subdivision. Acquired and entitled this five -acre Planned Unit Development (PUD) for a gated four estate home development. 2-4 Page 3 Long Beach Peninsula. 5511 Seaside walk. Acquired, demolished, built and sold this 3300 sq.ft. beach fiont luxury home Long Beach Peninsula. 5701 Bayshore walk. Acquired, rehabbed and sold this bay front home Long Beach Peninsula. 5600 Seaside walk. Acquired and remarketed this ocean front Iot Long Beach Peninsula. 6 701 Bayshore walk. Acquired this double lot. Split lots and sold to custom owner builders. Huntington Harbor. Venture Dr., Trinidad Island. Acquired lot and remarketed to buyer to build his custom home. DRE License # 0114490 E-Mail: fblum @dc.rr.com .p 2 4 Date: CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE ON THE 2GG1 W 15 FM 1' 06 LA QUINTA PLANNING COMMISSION NAME: HOME ADDRESS: r)I' 1-0 Ulll- r G to vote in the CITY OF LA QU114TA CITY CLERK'S OFFICE TELEPHONE:• r EMAILaC&NjUaajMjZ;ALZ: a s r2 / r BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD (-'OAf,f4QJ4 Uµci dAL�GIED S DrSrrclC_�- LENGTH OF RESIDENCE IN LA QUINTA: S%X �ZyKS' ®N� C.L IbYIC-- HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? �l6S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sun: to include experiences relevant to duties of the position you seek. '' 24 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quints Planning Commission? Pc�'&- s era E�cD - PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78 495 CALLE TAWICO LA QUINTA, CA 92247 THANKYOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNAIENT Y'' 7 C PHIL BROCCOLO 81-326 GOLDEN BARREL WAY LA QUINTA, CA 92253 azrowheadrealesme(dveriwnnet 760 564-5076 909 553-4087 cell D.O.B.12/29/48 EDUCATION: U. C. RIVERSIDE GRADUATE SCHOOL OF MANAGEMENT ADVANCED MANAGEMENT PROGRAM CERTIFCATE -1991 CALIFORNIA STATE UNIVERSITY NORTHRIDGE BACHOLOR OF ARTS - POLITICAL SCIENCE -1971 MILITARY SERVICE: UNITED STATES NAVY VIET NAM SERVICE METAL PROFESSIONAL DESINATIONS: CALIFORNIA REAL ESTATE BROKER - CURRENT CCIM-(2 CLASSES) SCIC- EXPIRED BUSINESS & REAL ESTATE EMPLOYMENT HIGHLIGHTS: XEROX CORPORATION DOWNTOWN LOS ANGELES SPECIAL PRODUCTS MARKETING FROST TRINEN PARTNERS COSTA MESA OFFICE SPACE SALES & LEASING GRUBB & ELLIS COMMERCIAL REAL ESTATE SERVICES RIVERSIDE SR VICE PRESIDENT - SALES MANAGER MANAGED RIVERSIDE OFFICE RANCON REAL ESTATE TEMECULA SP, VICE PRESIDENT ASSET MANAGEMENT MARKETING ARROWHEAD REALTY SERVICES LAKE ARROWHEAD RESIDENTIAL REAL ESTATE SALES CURRENT: COACHELLA VALLEY UNIFIED SCHOOL DISTRICT SUBSTITUTE TEACHER ENTREPRENEUR: FORMER OWNER OF A BASKIN ROBBINS FRANCHISE 24E Describe your knowledge of the functions, regulations and procedures of the La Quinta Planning Commission: The; planning commission is comprised of five members including the chairperson. Their basic function is to consider the feasibility and design of proposed developments and changes to in place improvements based on the general and specific plan. Then make recommendations to the city council. However, the council is not bound to follow any planning commission recommendations. Roberts Rule of Order is followed at the meetings and the meetings are open to the public. Meetings are usually attended by the City Attorney and select city staff members that consult on agenda items What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? I think the most pressing issue facing La Quinta is, how best to implement controlled, quality growth. The city is rightfully nicknamed "The Gem." Maintaining the image of a clean, prosperous and safe environment should be a priority. Each development ought to be judged on its own merit, keeping in mind the overall feeling and appearance that will enhance the beauty of the city. Traffic generation, water usage and on site parking are some other areas the planning commission must consider. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? As can be ascertained from my attached biographical sketch, I have an extensive history in the various disciplines of real estate. I have attended planning commission meetings in several cities representing clients in descriptions of the marketing and/or feasibility of their projects. I understand the importance of the overall situation that can assist in making a project profitable in terms of feasibility, traffic flow, parking, fighting, access, signage, etc. Many projects look good on paper and are architecturally pleasing, but lack the basics that tenants and buyers want and need to be successful. There is nothing good about a project that doesn't lease or sale because of design flaws. 24 Date: (1 RECEIVED CITY OF LAQUINTA 2007 My 17 PM 9 09 PLICAON TION HEO SERVE CITY OF LAIAI,9MINTA PLANNING COMMISSION TY rim OFFICE NAME: '11�---- HOME: ADDRESS: (Must be a La Quinta resident and eligible to vote in the TELEPHONE: (HOME) `1 `I - 011 J`i BUSINESS: S� �{ — L f rc4s �AX: -7 (oO '7 -1 1 — C BUSINESS ADDRESS - � — `{6l IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD ti?. C�A LTOV -�' LENGTH OF RESIDENCE IN LA QUINTA: `-&�j tAZS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. xo� What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? LoaL EyZ F--i TI PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT e+ 2 5 Date: 05' /e- 2400_:�-- CITY OF LA QUINTA APPLICATION TO SERVE RECEIVED ON`THE ��pppp AAYY LA QUINTA PLANNING COMMlS�fW PM 3 .07 CITY OF LA QUINTA NAME: �LIZt� '(�� CITY CLERK'S OFFICE HOME: ADDRESS: (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) -;(aD ZOO -32/)t BUSINESS: '�W Q �OZ—p 6 G EMAIL: IR09 o o Pbt WARJAA dOP*AX: )(an oc'(, , BUSINESS ADDRESS } QO AAf4J7_7,-4Ec SM ZQj, 7 Ci!1 IF EMPLOYED,'LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD' LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? fj0 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be, sure to include experiences relevant to duties of the position you seek. f E:G4Zre .AJ NJtieGS)l�C�, !.0 /fir 1g:Ai�S . 251 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. hl&ye .UoT _?Net- `c;1�7v) wi rif 4/e 6,jA, (AK� v hje96 t ro!G,n k-tnj EMU What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address thos&issu(,-s or.pwble- ms? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? Guj�Zkp-? / g� a U.4S sk Ci`f &D ' ' "7.v A a i c. 90,T— GLLAti !�d -'-7 ' s 46) Af sk cb AN-1 i si/tiCA PLEASE RETURN THISAPPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92247 THANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 2JL Date: O 7 CITY OF LA QUINTA RECEIVED APPLICATION TO SERVE 2007 MRY 1_5 PM 12 1 ON THE 1 QUINTA PLANNING COMMISSION CITY OF INTA CITY �LI- S 0 FI E NAME: 1 / . HOME ADDRESS: / ! - 9/S /f ` ` "-� a�� (Must be a La Quinta resident and eligible to vote In the City.) TELEPHONE: (HOME)�Z& BUSINESS: O IR EMAILt�b Lnl� a DC X qqP. G01!4 // FA740 — 77 7—fo5d BUSINESS ADDRESS 1YI /6- /` o*' 0�-gjj Z7� IF EMPLOYED, LIST YOUR EMPLOYER � AND�POSITIO/ N(S) YOU HOLD y �/ � _�G_ � ,— -Di. r, e- �.1 /(/liYl2 /.L(/V 4i Ao� // I)//a ' j% LENGTH OF RESIDENCE IN LA QUINTA:'' HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? �> Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 25�7 APPLICATION, PLANNING re F,AGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. What specific: issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? What specific: attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78 496 CALLE TAMPICO LA QUINTA, CA 92247 T8ANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT EDWARD T. HACKNEY 79-915 Rancho La Quinta Dr. (769) 564-6799 Phone & Fax La Quinta, CA 92253 edhackne@hotmail.com EXECUTIVE SUMMARY An entrepreneur, general manager and results -oriented General Counsel with broad business experience. Significant legal experience in: Anti-Trust/Trade Practice, Contracting, Corporate Governance, Environmental, Customs, Intellectual Property, International, Litigation Management, Product Liability, and Transactions. Managed own business and the Domestic and International Legal functions, Government and Community Affairs, Public Relations, Customer Service and Insurance Departments, Real Estate and Environmental Projects for Public Companies. PROFESSIONAL EXPERIENCE RLED, LLC. Burbank, CA 2001-2007 Member and Oneratinr Manaeer With four others founded a profitable energy drink business that has grown from no sales to sales in the US of an estimated $4.8M in 2006 in 26 states through 54 distributors. Established a majority owned European subsidiary which is currently selling in Slovenia, Poland, Netherlands, Belgium and Austria. Soumcoxr UsA, INc., Atlanta, GA 1995-2000 Senior Vice President and General Counsel Member of senior management team of $400 M diversified manufacturing subsidiary of Australian company. The principal business was in turnaround. Created first law department as stand alone General Counsel. Was responsible for insurance department. Reduced costs over previously out -sourced legal services and increased the level of legal and insurance service provide throughout the company. Provided critical input on key issues. Reported to CEO and Board. Principal accomplishments: • Reduced serious product liability caseload of turnaround business by 50%. Provided basis for insurability at reasonable cost. • Helped establish an industry wide defense group, managed in excess of 18 class actions, which threatened to bankrupt industry. Secured favorable national settlement. Managed additional unrelated class actions on cost effective basis. • Introduced and maintained comprehensive Secretarial and Governance procedures to protect against piercing the corporate veil in complex corporate structure. • Coordinated development of patent portfolio, which promises to generate substantial revenue and. be basis for enhanced market share. • Managed wide variety of litigation including discrimination, environmental and other issues on cost effective basis. Established procedures and resolved serious exposures in HR area. • Ideantified and resolved issues, which raised anti-trust or other governmental liability. • Sold multiple environmentally impaired properties while eliminating liability estimated from $5M to $20M. EDWARD T. HACKNEY PROFESSIONAL EXPERIENCE (Cont.) 2 TUPPERWARE, Orlando, FL 1V;!11] TZ11 Vice President and General Counsel Member of senior management and policy groups of $1.2B worldwide business, ($1 B/International) during dynamic reorganization both in structure and conduct of US business, reported to CEO. • Provided legal services with staff of 4 attorneys for $1.2 billion worldwide business with sales in 55 countries and manufacturing in 15, including entry into new countries in Central Europe, Near East and Latin America. Personally provided legal service to $300M Asia/Pacific Operations. • Employed preventative law concepts to increase "in-house" effectiveness and reduce costs an average of 10% per year. Legal services provided through a combination of personal, staff and outside counsel. • Terminated 25% of franchisees, with only one litigation which company won by Summary Judgment at very low cost • Negotiated settlement of I I -year -old Australian, multi -defendant patent litigation, obtaining $6M payment avoiding $1 M in expenses. Best prior offer $1 M. • Participated in analysis of failing business, implemented steps to stabilize and restart growth using motivational programs, distributor replacement and modified credit policies. • Instituted Alternative Dispute Resolution and case evaluation techniques reduced first year expenses by $500,000 off a base of $2.5M. Average caseload down from 45 to 23, and gross reserves from $13M to $6M. • Co -created a program to remove up to 10% of cost from a value chain of $200M U.S. distribution business and refocus distributors on sales growth. THE WEST BEND COMPANY, West Bend, W1 1977-1990 Vice President and General Counsel West Bend Company is a $250M U.S. housewares company. • Lead counsel in the acquisition of six companies and the divestiture of five diverse businesses with extremely low transaction costs. • Led Product Safety Committee. Reduced product liability exposures significantly. Over ten year period new cases were reduced from an average of 10 to 2 per year. Drove design effort for a safer product, which led to a modification of the industry standard and adoption of the new concept industry -wide. • Managed portfolio of product liability cases reducing annual average open cases from 35 to 5. 'Won all cases tried but one; settled those not winnable very cost effectively. Settled one case releasing reserves, which constituted company quarterly profit. • Led a multi -company task force to change state law. New Law saved Industry tax of at least $1M a year. • Member of senior management team which restructured company by: • Reducing head count in administrative area by about 1/3 (200 people), and product development cycle time from average of 18 months to less than one year. • Creating Just -In -Time Manufacturing environment, which reduced inventory. • Developing partnerships with major customers/vendors. Led to significant annual savings. • Decided business strategy including product outsourcing, acquisition and divestiture. Improved profitability significantly. r 2 J i EDWARD T. HACKNEY PROFESSIONAL EXPERIENCE (Coat.) NATioNAL PRESTO INDUSTRIES, INC., Eau Claire, WI 1973-1977 Associate Resident Counsel A $100M U.S. housewares company. Provided hands-on legal to all segments of business, most notably Sales and Purchasing with emphasis on Advertising, Contracting, Customs, Product Liability and Safety. EDUCATION Masters of Business Administration, University of Wisconsin, Milwaukee 1990 Juris Doctorate, Cum Laude, Creighton University 1972 Bachelors of General Studies, Business Major, University of Nebraska, Omaha 1970 ADMISSIONS Nebraska, Wisconsin, Florida, Georgia & California ._., 25 Date: WIT4 CITY OF LA QUINTA APPLICATION TO SERVER ECEIVED ON THE�y A(� 11 33 LA QUINTA PLANNING COIfAPAWAN CITY OF LA QUINTA CITY CLERK'S OFFIr, HOME ADDRESS: 5 1' � 5 e mC�0. cnb co (Must be a La Quinta resident and eligible to vote In the City.) TELEPHONE: (HOME) 7(. 5 r 2 t; 8 5 BUSINESSb (b 0)-n I' Sb j O c\AAN•n. .��l�n).,�,-JJI cnv 154C(-lA -771 RCl< n BUSINESS ADDRESS Se d IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD of ©._ 5a Il Cogs 1gt• �0 T v" LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. No n SQw+� APPLICATION, PLANNING PAGE 1 (attachment) Bkographical Sketch of Paul D. Quill As a resident of the Coachella Valley since 1980 Paul Quill began his local career in Golf Resort development as a golf course construction manager for Indian Wells Associates/Vintage Properties at the Tom Fazio designed Vintage Club golf courses here in Indian Wells. Prior to taking the position at the Vintage Club Mr. Quill received his degree in Agronomy and Plant Genetics with a specialization in Turfgrass Management from the University of Arizona Throughout his time at the University Mr. Quill gained valuable experience in golf management at such notable golf clubs as Congressional Country Club in Potomac Maryland, Tucson National Golf Club and McCormick Ranch in Scottsdale. During the last 25 years Paul has been involved in all aspects of Golf Resort forward planning, design and development here in the Coachella Valley. Having constructed the Ted Robinson golf courses for Sunrise Company at The Lakes Country Chub and Palm Valley Country Club Mr. Quill joined Ernie Vossler's and Joe Walser's Landmark Land Company Team in 1985 working primarily in forward planning, land development, construction management and as golf course construction and land development support for PGA We Mission Hills Country Club. The Citrus Course, Oak Valley Golf Club. Moreno Valley Ranch and various construction management roles at the La Ouinta Golf and Resort complex. In 1991 Paul moved back to Sunrise Company to lead the land development efforts for the yet to be developed Indian Ridge Country Club. Sunrise Company's efforts to start Indian Ridge Country Club in that year were thwarted by the down turn in the valley real estate market and overall California economy. After assisting Sunrise in the forward planning efforts for Indian Ridge Mr. Quill moved on to Del Webb Corporation to head up the land development efforts for the new Sun City Palm Desert. As Vice President of Land Development Paul was responsible for virtually all aspects of the land planning, engineering, design, Department of Real Estate processing, entitlement, infrastructure and golf amenity construction for this 2000 acre, 5000 unit master planned community. Paul led these efforts from the groundbreaking to the recent successful closeout of this highly amenitized community. Mr. Quill headed up the acquisition, land plannning, engineering, design, entitlement, and land development management for the enormously successful start up of Sun City Shadow Hills by Del Webb, a 2400 unit active adult, 18 hole golf resort master planned community in the Shadow Hills area of North Indio. Mr. Quill's experience and qualifications range the gamut of large scale master planned community development. His knowledge of the local Coachella Valley entitlement processes within the various jurisdictions and the County of Riverside is unsurpassed. From a thorough knowledge of the CEQA process and Subdivision Map Act to hands on construction management Mr. Quill has a firm grip on all aspects of master planned community design and development. -v,_;, 2 J Since early 2004 Mr. Quill has been operating as a land development specialist as head of his fledgling business, Quill Enterp►im, a Design and Land Development Consulting firm. At this time Mr. Quill represents several large landowners in the Coachella Valley assisting them in land planning and entitlement processing to enhance the long term value of their property. Additionally Mr. Quill serves as Chairman of the La Quinta Planning Commission and is involved in his local church and community. 26r APPLICATION, PLANNING COMMSSION PAGE 2 Describe your knowledge of thefunctions regulations and procedures of the La Quinta Planning Commission. As a member of the La Quinta Planning Commission for the last 4 years and as Chairman of the Commission for the last year I am very familiar with the functions, regulations and procedures of the La Quinta Planning Commission. Through experience, observation, study and training provided by the City 1 think I have honed these skills over my tenure on the Commission. What speck issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems. The City is facing urban planning issues of a different nature than it has in the past. If the City remains inside the existing City limits and does not expand into Vista Santa Rosa we will face all of the challenges inherent with in -fill development. As we have seen lately in -fill development brings out the neighbors and usually the neighbors are not in favor raising all of the same issues of noise, traffic, encumbered view -shed, lighting etc. The Planning Commission will be faced with having to reconcile the voice of disgruntled neighbors with the property rights of the in -fill land owner. This requires the ability to fully understand each development application and even "read between the lines". 1 believe that my background and experience as a land development and entitlement consultant provide the tools and expertise to perform this task far better than most. I have processed dozens of development applications all over the Coachella Valley from small commercial developments and individual homes to 2000 acre plus Master Planned Communities. 1 understand the need to be sensitive to neighbors coupled with the need to do what is right for the City. Additionally, new challenges to development are being manifested by the publicity given to Global Warning. The Center for Biological Diversity and other environmental groups have initiated various litigation efforts against private developments and governmental agencies claiming that new developments will increase greenhouse gas emissions and therefore have environmental impacts that have not been analyzed and may not have adequate mitigation. These types of legal challenges an, increasing the awareness that new development needs to be "green". I believe that as a Planning Commission it is and will be our responsibility to begin looking at new projects with an eye toward conservation, reduced energy consumption and innovative building and architectural styles that promote "green" development. Healthy Communities efforts are also a necessity in La Quinta. As proven by the results of the recent survey by the Community Services Department, multi -use trails and park improvements ranked as the number one concern of the residents in La Quinta. Obesity and diabetes among our youth is almost epidemic and there is ample evidence that the way we design our communities, our parkways and our parks has a lot to do with reducing these health risks. Getting people out of the car and onto their feet or bike can be promoted or discouraged by our urban planning efforts and I believe we should be at the forefront of the healthy communities efforts. -�r. 261 APPLICATION, PLANNING PAGE 3 I believe we as a City need to do our part for the highest and best use of water in the Coachella Valley. Our pure and perfect aquifer is being depleted and recharged with not so pure Colorado River Water. We are in a state of drawdown throughout the Eastern Coachella Valley. The CVWD Urban Water Management Plan requires that we use our water resources wisely. 1 believe that as a Planning Commission we need to take that responsibility seriously and ensure that when water is used as a design element it serves multiple functions for recreation, irrigation storage, irrigation transfer etc. I agree with CVWD's Urban Water Management Plan that we need to promote the use of Canal Irrigation Water from the Colorado River and Recycled water and discourage the use of our potable domestic water for anything other than domestic uses. Lastly, If we move toward annexation of land within our sphere to the east 1 believe we will need experienced guidance in working with VSR to ensure that we plan that area taking into consideration both the City's and the residents interests with sensitivity and intelligent design. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission. As I stated above, I believe that my background and experience as a land development and entitlement consultant provide the tools and expertise to perform this task far better than most. 1 have processed dozens of development applications all over the Coachella Valley from small commercial developments and individual homes to 2000 acre plus Master Planned Communities. I understand the need to be sensitive to neighbors coupled with the need to do what is right for the City. I have provided public testimony and presentations in public hearings at every jurisdiction and public agency in the Eastern Coachella Valley. I have been at this business for more than 25 years and have been associated with some of the best developments in La Quinta and the Valley namely PGA West, La Quinta Hotel and Resort, Citrus, Sun, City Palm Desert, Sun City Shadow Hills, The Vintage Club, The lakes CC and Palm Valley Country Club. My work as a land development consultant keeps me at the forefront of what is happening in the Eastern Coachella Valley and I believe that helps me with a global perspective as I serve on the Commission. I have a varied experience in construction management, land development, entitlement, golf course construction and golf management, Homeowners Association management as a board member and I am president of a local non-profit, the Coachella Valley Trails Alliance. I think that we have a cohesive, highly experienced, extremely professional, and appropriately diverse Planning Commission in the City of La Quinta and I would like to remain as a member. �Respey4F%�u11wct-vl� "I �� C Paul D. Quill GUa. Dater 10 CITY OF LA QUINTA APPLICATION TO SERVE RECEIVED Ct A ON THE tj*616 W� PLANNING COMMININ 11 Arl 10 12 NAME: PN U L S\ i2o ti C K CITY OF LA QUINTA CITY CLERK'S OFFIC HOME ADDRESS: SOSOS CALLS CZUA�f v1A AS LA C (Must be a La Quinta resident and eligible to vote City.) r M7A gz2!53 TELEPHONE: (HOME) 5(.9 - S 7 5 7 BUSINESS: 2 (Q- G38 6 EMAIL: AOL-COM FAX: 510q- 1o87 BUSINESS ADDRESS -IS .191 to W 4. t L t LA cPL3 1 "-r A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD REA L 1 ok. CoI �wCLL B/�1.1KEdZ F�ES��JEn1Tr.�[r +3RoI-E2AGC LENGTH OF RESIDENCE IN LA QUINTA: 7 4a5. HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? LI E5 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 1417n -)977 C5KPo2Az-C IM& MT. -t980-t982 IQJG, (�Dva. - 1 (__P-McSA, "8E)°1c0,cA 1917-19Sy oWttiiEi2_d't(„R. -of'FLce SJffL1 co.-t{E.A),%65A BC-Acil t°IS5- 200,5 6,04FAC CoNT/Z6V-iU — LNI�,A►O W6U-5. I?AL✓ut'be560ZT t5$4-.2001 ? P-A,aNI a6. (?Z>M. - I 1310tO%4 /,LIELLS 2005 - Z dO� �CuRRENI� e ALio9 - LA Caul o %A STLLL tALoUr% C0Nj2ACT0[L LrC. �(,2577� 2G� APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. 7 tip--S, PLA1.NN9)JG. COM, - Kc=RMasA i8EAclj Ct98o'�) .2'APs. ,, WCLL_S ( 199o'sl What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? LA Qv, NTA. ( 5 D$✓l oi35c.-j t-1L 6FF SP—eWTtk l Lace To HELP %tRe'c-i,onl Olr (NAT I-Ttt<n11c We kLSo 1JrcE� Ttic L1JF•eta5T,2�cTu2e T'°tt- F02 dZo uw i L-k % N TkA C 5 ou-Pl1 E AS i ER iJ VA ILT OF TH E Ccitj -Co 5e2Vict i'Cnk WEST �,� ALuS��A� (2�Le)G,'f TL�� ortt�2 1iECELopEME� T �j Tou�g2� j TH9T �c�2tt� . What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? K(JOUJ V\bot>106, (REAL jOR, 66N`L. CDNTR) Jai-1'0 THE. NeC-il FO/Z 11J�2�ASil2UcTJ� t"1�Ta(t 5c.toot5 uT�L� i F-g6,tit 8E�N6 �P 1tAJJNrtJ(, CBu�NL�,55notJ[;}`' t1� Y�oTH A lath. U DE)Jg tTL( ClTtj V6XLA WE AtTn e T `j . 1 l oV E Tl-l(S ('L-[y of L.O. d�,Aj- I,L70uL%) LLIC€ 'To 5E(s' 1T THR\Ve PLEASE RETURN THIS,APPLICATIQNTO: CITY CLERK P. O. BOX 1504 78 496 CALLE TAMPICO LA QUINTA, CA 92247 TIhANK YOUFOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT �ci / _u 2 U Date. -13"- n CITY OF LA QUINTA APPLICATION TO SERVE ON THE RECEIVED 2007 (CRY 18 PIS 3 15 LA QUINTA PLANNING COMMLSSIOR ITY OF LA QUINTA CITY CLERK'S OFFICE NAME: HOME ADDRESS; yy�5 (A*M be a La L- restdwd wid eAigf/e to, vote In dre City. TELEPHONE. (HOME) 740-2490-2 10 BUSINESS: %0- 9151-644:06 2lf 9g-- BUSINESS ADDRESS yV 300 - 142e-j L IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS) YOU HOLD Syt,�1 ri�c�/ 4ze-:%A' AJi ow.yFiQ LENGTH OF RESIDENCE IN LA QUINTA: W � _ V'R-A 2S HAVE'YOU EVER ATTENDED A MEETING OF THIS COMMISSION? /r?!0►y/ �%GS Biographical sketch. including education, work experferrce, civic fn"*mment and other back ground. Please be sure to indude experiences relevant to duties of the position you seek. a 5-9-4,1/7 6ECH C 0#42Aa.v r f.s t -�1 TlTG �.rc�ivT fz%�/�i.✓ ��1rNG, ,/OrQs^�/T/�GY'litl�.�L �NQ LrAND /�L/BrtlR/!�✓G. �pN�,t.�/s`IPNTr 4 N Ti%eer{ al"ryE2��/' lN//�lUT00. /dir/D ��77*6- _ NT�G2aTell �N ra W�T� 50"K W OOP T Paz s Oe j r,` „vc.. Onto . PAT- M s r R Ao%7--6/L /;eeauj59-Y u C tti/ NTGt/ LiJ01L(Gr.0 O !�/ i7w �irlr.%t SCt?ti G4PUAZ7 / mN rW97 ilt-ram Toey7si % oirr4 )94.e 1.v1NG. 7—,o",e—AW?cam • t;ldEiZ> r�>c�r? >rJ !�®2L� w rTFI J�edelC rF� LOG,gc G+ I4P�C mN a e,&,ft/RizA/T YlLovpac-TSS ?vivo Inr {ZivQ/t try Cda.,v LNG IN e *4 lS21aE�i4- diQ/ fa � t O�,a 'Al nAe��r .�Fn/p Two rn� rNDio, 1 Cot)6 ) APPLICATION. PLANNING COMMISSION ` 2 G b �� !�%m�-L�F© ON //%�f�% �L//�V.viidG /¢/vO T�,�/�Gq��•�i✓T G1Lr'f ToOit`'/L 2-3 �a�u✓Li�iv Y % % Tk,vim2 l-,o fQa.1N7P9 14,4,14 5-r400t- /e—ilpc-.;A) Aar: 5otA7W WrFT7 4041~✓ ljy CWct✓Icq $- LA CA"j,-Jir- �io TW. I-y YVµTL{ � r�Dr2sPF �J• �; �aw��,�a 5`< o � : .. 5o%e,�re.�.✓ orte�one �rf4-, � lsnl � v,z tis',T y. If 1-45;W 16Sl1lP9AJO / ®r2-ie-OoAl r talP9�aoaf JJ PAGE 2 Describe your knowledge of the f nc imvs regulations, and p medusa of the La Qinta Planing Commission 60 A.-PPk4 6ti/T/! i5rofoi= <JNO To ia�.es� �LANt .o-,✓O GR474c.Ys' .fgif 1-4 c57tiiN9X C-OtZ Chi7`�ltr, T !ow4p— A /��•wtatey 7do�a/ o�)�T-- 2Pkm ✓ L". pTD,, �T.�� ®�ifJ.y/iyG• CO.afMi�ss<oiy s'z'—�'uJa l�tle.�NnJG 1 C "94 TTrzMs 07yt0�/ What specific issues or problems face the La Quints Planning Commission and do yin have any suggestions to address those issues or problems? • Ga�v T�zoe Gn-oc.�7 f T ti . l� svc a s � F/L PI� d rfi.� a � ;Ty ��Ls w S e nl Q ai-,+� �D�ac c.a F'/ a•J Rn/4 L�,�tl .it.� 4� 2, 4 ��yjv�; Pl�1eN,t//NG at /QmMJfJ.�i/5 �rJI� T,v? S�7iaN s To GAO M/+l/�' � �Y � T,�/C(t6,B�, E� TR/:•r�F�c_ '� • t%y�ioi% � Go.�id�c�yyE s'��1� r/ ,�0-r T#� 1.1,�Ssf .dv� ®�rB4c /�,��' What specific attitudes, shills and/or expertise do you think.you have which would enhance the work of the La Quinta Plam iug Commission? ,Z /��✓� .}�05iT4ylg ,Ail7irK0"oA~i,r,,vrr S/G��cf <irr� FL�ici�ce &A. O "eV TO 0 r ZOakr 4--NV 00 "DO hew rn Sr. E•csir°�:s/ Tt% Qoce.r.yrei�s .e«.® Cee,a�z:«. ,4 $c-W!r: sve- e-1t; A�v � ri.•-, � .2' �6d?y� idf� Sv,/./<�m 2�"' ®.�= .r�� .o•� • g y, �•c/ Tyr PLEASE RETURN TMS APPLICATION TO: CITY CLERK P. O. BOX 1504 78 496 CALLS TAWICO IA QUINTA, CA 92247 72MNK YOU FOR YOUR WHJ"GNESSTOSERYEYOURLOCAL GOVERNMENT F r s �.tcEXEOFS� OF IXWNCIL/RDA MEETING DATE: .tune 19, 2007 AGENDA CATEGORY: 47 BUSINESS SESSION: ITEM TITLE: Consideration of a Resolution Adopting the Investment Policy of the City of La Quinta for CONSENT CALENDAR: Fiscal Year 2007/2008 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving the Investment Policy of the City of La Quinta for Fiscal Year 2007/2008. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: SB564 imposes certain reporting requirements on State and local agencies. Specifically, the bill requires, in part, that the treasurer of a local agency submit an annual statement of investment policy to the legislative body. As a result of this reporting requirement, in March of 2007 the Investment Advisory Board (IAB) began the process of updating the City's Investment Policy to conform to this legislative requirement. On .Dune 13, 2007, the Investment Advisory Board met with the City Manager, City Attorney and City Treasurer to review the proposed Investment Policy. The IAB recommended the Fiscal Year 2007/2008 Investment Policy on a 4 ayes- 0 nayes- 1 absent vote. Chairperson Deniel of the IAB plans to attend the City Council meeting and will be available to answer questions. Changes to the Investment Policy have been summarized in an Executive Summary (Attachment 1) which is included in a strikeout version of the proposed Investment Policy (Attachment 2). � 4 1 The IAB has spent the last four months working on the City Investment Policy, and staff has submitted the IAB Investment Policy for City Council adoption. The general purpose of the City's Investment Policy is to provide the rules and standards the City must follow when investing the City of La Quinta's public funds. It is the City of La Quinta's policy to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity with all State and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred to as the "City." The primary objectives of the City's investment activity in order of priority shall be: • Safety of principal is the primary objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. • The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. • The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. • Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. It is understood that all investments shall be made with judgment and care, under circumstances then prevailing, by persons with prudence, discretion, and intelligence acting as they would in the management of their own affairs, not for speculation, but for investment, as well as considering the probable safety of their capital and the probable income to be derived. As noted in the policy, authority to manage the City's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer is required to establish and implement a system of internal controls to maintain the safety of the portfolio. The internal control system will also ensure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City's financial statements, the independent auditor reviews the adequacy of those controls and advises the City if weaknesses are found. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2007/2008; or 2. Adopt a Resolution of the City Council approving the Investment Policy with changes for Fiscal Year 2007/2008; or 3. Do not adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2007/2008; or 4. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: zwol-?�O' e�� Thomas P. Genovese, City Manager Attachments: 1. Executive Summary of Proposed Changes 2. Proposed Investment Policy RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2007/2008 WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently li uid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or iy eld throughout budgetary and economic cycles, taking into account the investment risk constraints and, liquidity needs. WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy; and WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt the 2007/2008 Fiscal Year Investment Policy (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this day of 2007 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: WIM1111:619 VERONICA J. MONTECINO,CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California Wor Exhibit A (TO BE ATTACHED) �° 274' ATTACHMENT 1 PAGE EXECUTIVE SUMMARY Maximum Maturity: Increase maximum maturity from 2 years to 3 years with no more 25% of surplus funds invested in maturities exceeding two years and less than three years. 9 — 10 GSE's: For Fiscal Year 2007/08 the maximum face amount for FNMA, Freddie Mac, FHLB and Farm Credit Government sponsored enterprises (GSE) increased from $10 million per issuer to $20 million. 10 Commerical Paper: Per issuer limit increased from $3 million to $5 million and may increase from 15% to 25%. 11 Corporate Notes: Total investment shall not exceed 10% of the portfolio (versus 15% in Fiscal Year 2006-07) maximum $5 million face amount per issuer. (Versus $3 million for Fiscal Year 2006-07) 12-13 Certificates of Deposits — Private Placement: The Investment Policy does not allow for this investment commonly know as CDAR's. `k" 275 ATTACHMENT 2 CITY OF LA QUINTA Investment Policy Table of Contents Section To is Page Executive Summary 2 I General Purpose 4 II Investment Policy 4 III Scope 4 IV Objectives 4 ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Maximum Maturities 6 VI Prudence 6 VII Delegation of Authority 6 Vill Conflict of Interest 7 IX Authorized Financial Dealers and Institutions 7 ► Broker/Dealers ► Financial Institutions X Authorized Investments and Limitations 8 XI Investment Pools 13 XII Payment and Custody 14 XIII Interest Earning Distribution Policy 14 XIV Internal Controls and Independent Auditors 14 XV Benchmark 16 XVI Reporting Standards 16 XVII Financial Assets and Investment Activity Not Subject to this Policy 17 XVIII Investment of Bond Proceeds 17 XIX Pfefessienal u— _ jgtY Portfolio Manage 17 XX _ Investment Advisory Board - City of La Quinta 18 XXI Investment Policy Adoption 18 Appendices, A. Summary of Authorized Investments and Limitations 19 B. Municipal Code Ordinance 2.70 - Investment Advisory Board 20 C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds 21 D. Segregation of Major Investment Responsibilities 23 E. Listing of Approved Financial Institutions 24 F. Broker/Dealer Questionnaire and Certification 25 G. Investment Pool Questionnaire 30 H. Request for Proposal for Portfolio Manager 44 I. Permissible Investment Chart 40 J. Glossary 41 _$ 276 1 City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the: City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements the independent auditor reviews the adequacy of those controls and comments if weaknesses are found. -' 277 2 The City Treasurer, Witi-i ft appirovai of the City Cou+toil, may use a professional porifoW management firro investment FnanageF engaged by the Gity to assist the City Treasurer in managing the investment program. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The 'Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages or dollar limitations and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateral ization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of twe ftos years unless specific approval is authorized by the City Council, except the projected annual dollar amount as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between -2 3 and 5 years. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review, which can only be accomplished by reviewing all the pages. •_ 218 3 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 City of La Quinta Statement of Investment Policy July 1, 20067 through June 21, 200-78 Adopted by the City Council on June 19, 20067 GENERAL PURPOSE The general purpose of this document is to provide the rules and standards users must follow in administering the City of La Quinta cash investments. II INVESTMENT POLICY It is the policy of the City of La Quinta to invest public funds in a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. III SCOPE This Investment Policy applies to all cash and investments, except as further detailed in Section XVII of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types ► General ► Special Revenue ► Capital Projects ► Debt Service ► Enterprise ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 1. Safety Safety of principal is the,46emost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks H `� ''7g to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business with; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest Rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. Securities shall not be sold prior to maturity with the following exceptions: ► A declining credit quality security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed 5 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. V MAXIMUM MATURITIES It is the policy of the City of La Quinta to hold securities and other investments of cash in financial instruments until maturity, thus avoiding the risk that the market value: on investments fluctuates with overall market interest rates. The hold until maturity policy shall not prevent the sale of a security to minimize loss of principal when the issuer or backer suffers declining credit worthiness. The hold until maturity policy requires that the City of La Quinta's investment portfolio is structured so that sufficient funds are available from maturing investments and other, sources to meet anticipated cash needs. To meet anticipated cash needs, it is essential that the Treasurer have reasonably accurate, diligently prepared cash flow projections. Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five years. For FY 2007/08, the amount of such funds was $8 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds maturing between -2 3 and 5 years. For all other funds, investments are limited to twG three years maximum maturity, with no rnore than 25% of surplus funds invested in Maturities exceeding two gears and fees than three years. VI PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VII DELEGATION OF AUTHORITY Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and 6 collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. VIII CONFLICT OF INTEREST Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non-negotiable basis to the general public. Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. ► All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City of La Quinta Investment Policy maintains a Misting of financial institutions which are approved for direct investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements; ► Proof of National Association of Security Dealers Certification; ► Trading resolution; ► Proof of California registration; ► Resume of Financial broker; and ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy. 282 7 The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► National Association of Security Dealer's Public Disclosure Report File - 1- 800-289-9999 ► State of California Department of Corporations 1-916-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC -shall be 1 10% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Annual Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateralization in public monies. X AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. E1 K. STATE OF CALIFORNIA AND CITY OF LA QUINTA LIMITATIONS As provided in Sections 16429.1, 53601, 53601.1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two three years, except the projected annual dollar amount, as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds manuring between 2 3 and 5 ,ears, with maturities between 2 and 5 years, with no more than 2 % of surplus funds invested in maturities ene"nq two years and less than three years. no awOanZ5e 0 Df GUFPIUS funds investeld between mxq and t*ee years at any time. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $40 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a limitation of 25% of the portfolio. U.S. Government and Related Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds and Government National Mortgage Association (GNMA) securities directly issued and backed by the full faith and credit of the U.S. Government. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues and GNMA to 100% of the portfolio. 4:U.S. Government instrumentalities and agencies commonly referred to as government sponsored enterprises (GSEs), issuing securities not backed as to principal and interests by the full faith and credit of the U.S. Government. Publicly owned GSEs include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSEs include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit , , 40 284- 0 Bank (FICB). The City of La Quinta Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB and FFCB. and has a limitatieo Iln addition, no more than i0% of surplus funds ke lnv d per GSE brum and no more than 30% of the portfolio, surpkis may be hwested in aN GWs with e maximum �110 m#Wn face amount per putobase. For Ftf 07f08, the maximum face amount has been dotermtrrod 420 million per issuer. Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. Commercial Paper - As authorized in Government Code Section 53601(g), 4-7'5% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P-1) as rated by Moody's or Standard and.Poor's, with maturities not to exceed 270 days. weighted eve, at_-°ty a-__ Fiat _.____d 31 days. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City of La Quinta's Investment Policy follows The Government Code with the following additional limitations: (1) up to 15% of the portfolio rtray be invested in bommercial paper:of the highest rating (2) maximum maturity per issue of 90 days and (3) a maximum of $5 3 million per issuer. Negotiable Certificates of Deposit - As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. Repurchase and Reverse Repurchase Agreements - As authorized in Government Code Section 53601(i), these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of securities underlying a repurchase agreement shall be at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term "reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific 10 85 amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency's portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations: ► Maturities shall conform with Section V. ► Eligible notes shall be regularly quoted and traded in the marketplace. ► Eligible notes shall be rated "AV or "AAA" on the date of acquisition. ► Total investment shall not exceed 4-6 10% of the portfolio, and ► The maximum aggregate investment shall not exceed $5 3 million face amount for each ;eeo,-erss , Diversified Management Companies - As authorized in Government Code Section 53601(k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La Quinta Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invests in direct issues of the U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency's portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601 .1, local agencies may invest in financial futures or option 11 286 contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateralization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateralization policies must be supplied to the City and retained by the City Treasurer as follows: 1. Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateralization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 110% collateralized securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. Certificates of De 110aft - Pe"ivate Plaoment Ooctlovn 53601.8 allows a local agency. to invest a portlari of its surplus funds in ortificates of daposti at a commercial bank, savkW bank, sevinos and loan bosociathm, or credft union that uses a privirte sector entity that assists in the Plocoment of certificates of deposit, provided that the purchases of certificates of deposit pursuant to this,sectiM Section 53635.8, and s. m- n(hl of Section 5360140, tmt, prt total, exceed 30 percent of the ag 's funds that may be f ted _ _ purpose The City of La Quints Investment Poky does not allow investments in Certificate of Deposits — private placements. Invest the , vilftloh shag be known as the "solleeted" depository Institution. ^ 287 12 that leeatod in the States,tMIGFO United aFe banks, +hat 10 saAngs a to I r 01 r al I e. ww.di�i flea +iE of depesif •. CKV of a+ ran be outstanding'at µM b �R La Quinta investmeM any tkno PoWV with All has a limitation Waftal of 43,000,000 Few r"AWHIR, Sweep Accounts - As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. XI INVESTMENT POOLS There are three (3) types of investment pools: 1) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. The City of La Quinta Investment Policy has authorized investment with the State of California's Treasurers Office Local Agency Investment Fund commonly referred to as 13 LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of $40 million. In addition, LAIF will provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer will submit the Investment Pool Questionnaire to LAIF. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. XII PAYMENT AND CUSTODY The City shall engage qualified third party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds, received from the City for a purchase, to the broker, dealer or seller only after receiving evidence that the City has legal„ record ownership of the securities. Even though ownership is evidenced in book - entry form rather than by actual certificates, this procedure is commonly accepted as the delivery versus payment (DVP) method for the transfer of securities. XIII INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. 1 . Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: 289 14 ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. 15 g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta's Financial Statements. The independent auditor's management letter comments pertaining to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The management letter comments pertaining to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. XV BENCHMARK The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. XVI REPORTING STANDARDS SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. AB 943 requires that the December 3151 and June 30" Treasurers Reports be sent to the California Debt and Advisory Commission within sixty days of the end of the quarter. The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurers Report shall summarize cash and investment activity and changes in balances and include the following: ► A certification by City Treasurer. ► A listing of Purchases and sales/maturities of investments. 291 W ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity. ► Comparison of month end actual holdings to Investment Policy limitations. ► Current year and prior year monthly history of cash and investments for trend analysis. ► Balance Sheet. ► Distribution of cash and investment balances by fund. ► A comparison of actual and surplus funds. ► A year to date historical cash flow analysis and projection for the next six months. ► A two-year list of historical interest rates. XVII FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY The City's Investment Policy does not apply to the following: • Cash and Investments raised from Conduit Debt Financing; • Funds held in trust in the City's name in pension or other post -retirement benefit programs; • Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; • Short or long term loans made to other entities by the City or Agency; and Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency. XVIII INVESTMENT OF BOND PROCEEDS The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City's Investment Policy. Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. 'This arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. 17 � ,�s XIX COMMACTINGAOROFIESSMAt PORTFOLIO MANAGEMENT FIRIV4 With the Approval of the City Council, the City may engage a professional +fwestfr�efrt portfolio-fAanage4s malMgMeM firni(sl to assist the City Treasurer administer the delegated authority to manage and invest the City's Funds. The +auesterrt professional portfolio managers Maegment FFwn will be approved by City Council based upon a request for proposal process as outlined in Appendix H. Before engagement by the City, except as may be specifically waived or revised, the professional portfolio managefovent f 1 eF advisef shall commit to adhere to the provisions of the City of La Quinta Investment Policy. Such managers may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy as outlined in Appendix I. Such managers shall have: (1) an established professional reputation for asset or investment management; (2) knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; (3) substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; and (4) professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City. Such managers shall be registered under the Investment Advisers Act of 1940. XX INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) consists of five members of the community that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. XXI INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. - 293 ku- The investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. AB 943 requires that the Investment Policies be sent to the California Debt and Investment Advisory Commission within sixty days of a change to the Investment Policy. 19 294 Appendix A cEC o aQ�a F C C C C C C CCCCC m E nnnn C a c E Ej j E mE � 8 ul Em agag a° a° o o g - gag° Ny - - 8 o qs 5� E 25 H 'E 5'. 9 E zs 6 6 4 °'000g �Om d M1rvj b m E2 E E F 4 ? 5 � �.;00 m�ZLLm �o a . LL 8 9 `s g m y m S gr Eo..... o a Lao a m m owv ° 2 m 20 E o S _ 3 c8 z of En i 3c 9E$i45 e�3n ^� m$Qam9Erco r` ? r° S£";EgmA 5 5°S tea' � �g �v9iarc8 �_ rrcm"zs _ � 5 3o N u 8 Ee rs 5m 03 w cm 3 n� C3 '6 _u c 3� u v� cm a. Sc on uci i �ob Ac p3 w �w Pa £° pp EaS m'a _ `-'c _m Oa r5 Es 3n EgE?a nab g En :F a R-> v@ a�S �x nc c m •$ u` Eqg Si 5� emv nE - En an E=E EE EE _ Ta i9` 'a� u it aE 'aJ mar rz so oo 295 Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the"board") is a standing board composed of five (5) members from the public that are appointed by city council. La Quinta residency is required except for Board Members currently serving on the Board as of June 30, 2003. C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. 2.70.020 Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 1 2 2.70.030 Board functions. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 296 21 Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 3.08.050 Reports. 297 22 The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 23 2§8 Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsibilities Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Manager or Treasurer Confirm wires, if applicable Accounting Manager or Financial Services Assistant Record investment transactions in City's Accounting Manager or accounting records Financial Services Assistant Investment verification - match broker confirmation City Treasurer and Financial to City investment records Services Assistant Reconcile investment records - to accounting records and bank statements Financial Services Assistant Reconcile investment records - to Treasurers Report of investments Accounting Manager Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor 24 .. 299 Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1. Banking Services Wells Fargo Bank, Government Services, Los Angeles, California 2. Custodian Services Bank of New York, Los Angeles, California 3. Deferred Compensation International City/County Management Association Retirement Corporation 4. Broker/Dealer Services Merrill Lynch, Los Angeles San Franciscio, CA Morgan Stanley, ' odes San Rafael, CA CitiGroup, San Francisco Newport Beach, CA 5. Government Pool State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 -US Bank 1998 RDA Project Area 1 &2 — US Bank 2001 RDA Project Area 1 — US Bank 2002 RDA Project Area 1 — US Bank 2003 RDA Project Area 1 — US Bank Assessment Districts — US Bank No Changes to this listing may be made without City Council approval 25 - 30� Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3 Ci 5 Telephone: ( ) Broker's Representative to the City (attach resume): Name: Telephone: Manager/Partner-in-charge (attach resume): Telephon 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone:) ► ( 1 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % CD's % Mutual Funds % Agencies (specify): W % Repos • Reverse Repos • CMO's % Derivatives • Stocks/Equities • Other (specify): .301 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone ) Client Since Entity -- Contact Telephone Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11 12. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No _ If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No _ If yes, please provide action taken 27 01.11 302 Do you have any current or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 14. How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes No If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? M 303 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. Please list your NASD Registration Number 22. Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: ❑ Latest audited financial statements. ❑ Samples of reports, transaction confirmations and any other research/publications the City will receive. ❑ Samples of research reports and/or publications that your firm regularly provides to clients. ❑ Complete schedule of fees and charges for various transactions. ***CERTIFICATION*** I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. 29 304 Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Date Sales Representative Manager and/or Title Managing Title Partner* 30 30S Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1. Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTEREST Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) d. How are gains/losses reported? Factored monthly or only when realized? 31 306 REPORTING 1. Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1. Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? b. The method used to value the portfolio (cost, current value, or some other method)? 32 307 OPERATIONS The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 11. What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? STATEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. 33 306 1. Are statements for each account sent to participants? a. What are the fees? b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? 34 309 Appendix H Request for Proposals Investment Advisory Services City of La Quinta, CA The City of La Quinta, CA is soliciting Requests for Proposals (RFP) from interested firms for the provision of a discretionary investment management services for City of La Quinta, CA. The portfolio to be managed of the invested assets is million will beapptoxfmawy 10% of the City's investment portfolio net of band proceeds and will be invested between 0 — 5 years. The investment of City of La Quinta, CA's funds is guided by the applicable State statutes and the City of La Quinta, CA's investment policy. A copy of the investment policy is attached for your information. Questions regarding this RFP should be directed to: Name: Title: City of: Address: City, State Zip Code Phone Number: John M. Falconer Finance Director/Treasurer La Quinta, CA 78-495 Calle Tampico La Quinta, CA 92253 (760)777-7150 I. CRITERIA FOR EVALUATION AND SELECTION ■ Experience of the firm in providing services to public sector entities of similar size and with similar investment objectives o Professional experience and qualifications of the individuals assigned to the account ■ Portfolio management resources, investment philosophy and approach u Responsiveness to the RFP, communicating an understanding of the overall program and services required ■ Reporting capabilities ■ Fees II. SELECTION TIMETABLE A. [Month Day, Year] Proposals due by [Time] PST. B. [Month Day, Year] Proposals evaluated: to be determined C. [Month Day, Year] [City of La Quinta, CA] [Board/Council] approves selection and awards contract. 35 III. FORMAT FOR PROPOSALS Please format your response to this RFP in the following manner: A. Organization 1. Describe your organization, date founded, ownership and other business affiliations. Provide number and location of affiliated offices. Specify the number of years your organization has provided investment management service. 2. Describe your firm's revenue sources (e.g., investment management, institutional research, etc.) and comment on your firm's financial condition. 3. Within the past three years, have there been any significant developments in your organization (e.g., changes in ownership, new business ventures)? Do you expect any changes in the near future? 4. Describe any U.S. Securities and Exchange Commission (SEC) censures or litigation involving your organization, any officer, or employee at any time in the last ten years. 5. Describe the firm's fiduciary liability and/or errors and omissions insurance coverage. Include dollar amount of coverage. B. Personnel 1. Identify the number of professionals employed by your firm by classification. 2. Provide an organization chart showing function, positions, and titles of all the professionals in your organization. 3. Provide biographical information on investment professionals that will be involved in the decision -making process for our portfolio, including number of years at your firm. Identify the person who will be the primary portfolio manager assigned to the account. 4. Describe your firm's compensation policies for investment professionals and address any incentive compensation programs. C. Assets Under Management 1. Summarize your institutional investment management asset totals by category for your latest reporting period in the following table: Number Operating Funds Number of Other Restrictive of Clients Clients Funds Governmental Governmental Pension Non Governmental Pension Corporate High Net Worth Client Endowmental/Foun- dation t Ncrt Applicable Applicable Not Applicable Not Applicable Not Not Applicable Applicable Not Not Applicable Applicable Not Not Applicable Applicable 2. Provide the number of separate accounts whose portfolios consist of operating funds. 3. List in the following table the percentage by market value of aggregate assets under all governmental accounts under management for your latest reporting period: Type of Asset Percent by Market Value U.S. Treasury securities _ Federal Agency obligations _ Corporate securities rated AAA -AA Corporate securities rated A _ Corporate securities rated BBB or lower _ Other (specify ) 37 1 312 4. Describe the procedures that your firm has in place to address the potential or actual credit downgrade of an issuer and to disclose and advise a client of the situation. 5. Provide data on account/asset growth over the past five years. Indicate the number of government accounts gained and the number of government accounts lost. 6. List your five governmental largest clients. Identify those that are exclusively operating fund relationships and/or those that are other relationships (e.g., bond fund, retirement fund). 7. Provide a copy of the firm's Form ADV, Parts I and II (including all schedules). 8. Provide proof of State of California Registration, if your firm is not eligible for SEC registration. 9. Provide a sample contract for services. D. Philosophy/Approach 1. Describe your firm's investment philosophy for public clients, including your firm's philosophy regarding average duration, maturity, investment types, credit quality, and yield. 2. Describe in detail your investment process, as you would apply it to City of La Quinta, CA's portfolio. 3. What are the primary strategies for adding value to portfolios? 4. Describe the process you would recommend for establishing the investment objectives and constraints for this account. 5. Describe in detail your process of credit risk management, including how you analyze credit quality, monitor credits on an ongoing basis, and report credit to governmental accounts. 6. Describe your firm's trading methodology. 7. Describe your firm's decision -making process in terms of structure, committees, membership, meeting frequency, responsibilities, integration of research ideas, and portfolio management. 38 313 8. Describe your research capabilities as they would pertain to governmental accounts. What types of analysis do you use? 9. Describe the firm's approach to managing relationships with the broker - dealer community. E. Portfolio Management 1. Are portfolios managed by teams or by one individual? 2. What is the average number of accounts handled per manager? 3. Which professional staff member will be the primary client contact for City of La Quinta, CA? 4. How frequently are you willing to meet with us? 5. Describe procedures used to ensure that portfolios comply with client investment objectives, policies, and bond resolutions. F. Fees Charged Please include a copy of your firm's fee schedule applicable to this RFP. 2. Identify any expenses that would not be covered through this fee structure and would be required in order to implement the firm's program. 3. Is there a minimum annual fee? G. Performance Reporting 1. Please report on all accounts under $100 million. 2. Please provide performance history for governmental accounts for the last five years. 3. Please provide risk measurements for governmental accounts for the last five years. 4. Indicate whether your returns are calculated and compiled in accordance with the Association for Investment Management and Research (AIMR/CFA Institute) standards. 5. Do your reports conform to the State of California reporting standards? Are you willing to customize your reports to meet our specifications? 314 39 6. How will you notify us of investment transactions? 7. Are confirmation of investment transactions sent directly by the broker/dealer to the client? 8. Do your reports include rating information on investments which is required by GASB 40? H. References Provide a list of at least five (5) client references in California. References should be public agencies with portfolio size and investment objectives similar to City of La Quinta, CA. Include length of time managing the assets, contact name, and phone number. Insurance Requirements Exhibit A defines the insurance requirements that will need to be met prior to the [Board/Council]'s approval of any agreement for services. J. Submittal of proposals 1. Seven (7) copies of the proposal shall be submitted in a sealed envelope bearing the caption RFP for (City of La Quinta, CA) and addressed to:\ City of La Quinta, CA 78-495 Calle Tampico La Quinta, CA 92253 Attention: John M. Falconer, Finance Director/Treasurer 2. Proposal must be received no later than [Time] PST on [Month, Day, Year]. 3. Proposals should be verified before submission. The City of La Quinta, CA shall not be responsible for errors or omissions on the part of the respondent in preparation of a proposal. The City of La Quinta, CA reserves the right to reject any and all proposals, to wave any irregularities, or informalities in the proposals, and to negotiate modifications to any proposal. Enclosures: Investment Policy Treasurers Report 40 3x m C Ei P FZ d mi vm a� w� o000000EoavEoEEEoovv z Z Z z z z z Z 2 0 y y y y y y y y y Y Y y Q O 0 a a O O O O O O O O O O O N N N N zzzzzzzzzzziiiiiiiii 0 QU � c v w n g E o 0 U a c N q E c c 3 c c c c c a o o c c n o 0 0 0 0 0 0 0— o 0 o O a¢= co 6 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q O o E� �S L_ L_ O O N C 0 tl��o O O O vvvvooco �oeccvv o 0 0 0 o con co `o c E a j J o O m O o 0 0 0. Z Z Z Z v Z 0 N N z Z Z z p N N Z e: O Q > m N N � � 0 0 �e 0 0 IS 2c: E 0, E N m m m v m m cam c m c m m m m c m m X jp T T T T a a 0 0 T T O T T O T o T T Z Z Z h YI N pNj W N 1n Z N N N N N N Z42 N C N m C N N N 0 o w E v a O Omv c v E v N y y c o U v v vvv o m vm mao 60SEmz o a 'o r C c V Q R CI — •Q, IL a �' Moe. m o m en m rn rn o o? u a g F¢ x v c E E v v <M-Z &0t* �m ni o C U d' m j — (ryry(ll 'J N Z' C Z y) N' y~ v m.m @ O > mU ¢ v c o E E f M _ v m 6^ o S C t s c a_ m ui� E E N o o 0 0 0 0 o m o 0 0 0 o o o m i v rn n`on �n� n sowm m 000 vtOiMnn`� VI N VI tl) N N H N N N h N jA N Appendix I 316 Appendix J GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each 'undividual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). 42 317 DISCOUNT: The difference between the cost 3. price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. 4. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, 5. farmers, farm cooperatives, and exporters. 1. FNMAs (Federal National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. FICBs (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360- day, 30-day month basis. 6. FHLMCs (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Morgages are purchased solely from the Federal home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. Other federal agency issues are Small Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes (TVAs), and Student Loan Association notes (SALLIE-MAEs). 43 � 3�� FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open - market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed M 12 by the FHA, VA or FMHM mortgages. The term "passthrough" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the vent of default by the seller -borrower. 310 MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, bander' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. 45 RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. 32h SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 3?, T-af 4 4 a" COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Consideration of Options for Selecting a Consultant to Prepare the 2008 Housing Element Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 13 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to negotiate a contract with The Planning Center for preparing the 2008 Housing Element. FISCAL IMPLICATIONS: It is anticipated that the cost to complete the 2008 Housing Element will range between $75,000 and $100,000. Funding for this work item has previously been established in the General Plan and Housing Element Update set -aside fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: State law requires all California cities to have a General Plan that includes seven mandated elements. One of the mandated elements is the Housing Element, which identifies that the city is providing for their fair share of affordable housing needs. This Element must be updated every five years. The City's current Housing Element was last updated and adopted by the City Council in November, 2004 and ultimately certified, or found to be in compliance, by the State Housing and Community Development Department (HCD). HCD is responsible for determining the State's housing need. In cooperation with HCD, local Councils of Government (COG's) make the determination of the regions existing and projected housing need as a share of the State-wide housing need. This ultimately leads to the housing need for each jurisdiction within the COG. This process is known as the Regional Housing Needs Assessment (RHNA). 4Z� The RHNA process was recently completed by the Southern California Association of Governments (SCAG) resulting in new affordable housing allocations being established for all cities within SCAG. Each city is now required to update their Housing Elements in accordance with the new allocations. Updated Housing Elements are due to HCD by June 30, 2008. The Planning Center was retained to assist City staff with the previous Housing Element update process. This successful update was extensive and included a public outreach process. As previously stated, the Housing Element was ultimately certified by HCD. U JIe7A'69F'? Based upon current procedures, two options are provided with regards to selecting a consultant to assist the City with the Housing Element update. Pursuant to Municipal Code Section 3.32.020, contracts for major services (greater than $50,000) involve a competitive selection process and ranking by a selection committee and awarded by City Council. Additionally, Section 3.32.050C allows the City Council to award contracts with no competitive selection process when "experience with the proposed service provider has demonstrated competence and satisfactory performance." Therefore, the following two options are identified: Options: 1. Direct Negotiation with The Planning Center With the assistance previously provided during the last Housing Element update process, the Planning Center is most familiar with the City and its housing needs. The previous update process was successful and resulted in a certified Housing Element with much of the credit going to the assistance provided by The Planning Center. Direct negotiation is also likely to result in a lower expense as well as a more timely process. All of the jurisdictions in the SCAG region are mandated to complete updates of their Housing Elements by June 30, 2008, which results in the consulting firms that specialize in Housing Elements, such as The Planning Center, being in high demand. By directly retaining The Planning Center, the City is benefiting from having a familiar and proven consultant team on board that can immediately proceed with the State - mandated update process. 2. Competitive Proposals Process (Request for Proposals "RFP") The advantages to a competitive proposal process are that it ensures that services are competitively priced and potentially enhances public perception of fairness in awarding such contracts. However, this process will likely take approximately 60-90 days to complete. Additionally, with all jurisdictions within SCAG updating their Housing Elements and many relying upon consultant services for assistance, the demand is much greater. This in turn can increase the cost for such services and may also limit the number proposals the City actually receives. The additional time may impact the �` 323 ability for the update process to be completed in time for the City to submit an updated Housing Element to HCD by June 30, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to negotiate a contract with The Planning Center for preparing the 2008 Housing Element; or 2. Direct staff to begin the RFP process to select a consultant to prepare the 2008 Housing Element update; or 3. Provide staff with alternative direction. Respectfully submitted, iOZZL' Douglas R. vans Assistant City Manager —Development Services/ Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager .. 324 L�� a 4 e6P Qumr6j F`y OF Ttl`OO COUNCIL/RDA MEETING DATE: June 19, 2007 AGENDA CATEGORY: ITEM TITLE: Discussion of the Landscape Concepts BUSINESS SESSION: for Avenue 54 Median Island Landscape CONSENT CALENDAR: Rehabilitation Improvements (Jefferson Street to Madison Street), Project Number 2006-09 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Project Number 2006-09 — Avenue 54 Median Island Landscape Rehabilitation Improvements (Jefferson to Madison) The following is the project's anticipated funding and funding sources: RDA Project Area Number 1 Total Anticipated Funding: $701,142 $701,142 The following is the anticipated project budget for the Avenue 54 Median Island Landscape Rehabilitation Improvements: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $15,206 $ 50, 688 $39,283 $506,881 $ 25, 344 $63,740 $701,142 - 325 Please note that this project has been combined with the Avenue 52 median landscape project which is also currently under design to be built concurrently with this project. For clarity funding for the Avenue 52 median landscape project is not shown here. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency Project Area Number 1 funds. As such, the project will be bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Avenue 54 from Jefferson Street to Madison Street. The proposed landscape improvements are intended to rehabilitate the existing landscaping to include installing new drought tolerance landscape, drip irrigation, and median island lighting. The landscape palette for each of the attached concepts is based on the City Council approved "desertscape" theme for primary image corridors. In accordance with the City Council's previous direction, the Avenue 54 landscaping theme also includes artificial turf between pockets of desertscape to soften the streetscape appearance. The median island along Avenue 54 between Jefferson Avenue and Madison is currently planted with mowable turf, Washingtonia Palms and alternating Brachychiton trees along its length. The Brachychiton trees have been recently pruned and thinned to match the existing trees along the northerly perimeter of PGA West. An exhibit depicting the existing conditions is provided as Attachment 1. Landscape Concept Theme No. 1, provided as Attachment 2, is characterized by a swath of artificial turf meandering along the centerline of the median island. The areas left at each curb line of the median island are planted with low water use landscaping and decomposed granite groundcover, which complements the planting at the adjacent parkways to the north and south of the median island. The Washingtonia Palm tree areas are further accentuated with enhanced paving of locally available natural paving stones, and low native plantings. Landscape Concept Theme No. 2, provided as Attachment 3, is characterized by a swath of decomposed granite meandering along the centerline of the median island with native planting. The areas left at each curb line of the median island have artificial turf. The Washingtonia Palm tree areas are further accentuated with low colorful native plantings. 326 Landscape Concept Theme No. 3, provided as Attachment 4, is characterized as a hybrid design combining the advantages of both Landscape Concept Themes #1 and #2. The design alternates between the artificial turf meandering along the centerline, and native planting meandering along the centerline. The transition point between the two schemes would be the Washingtonia groves, which are located approximately 600 feet apart. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select Landscape Concept Theme No. 1 and direct staff to cause the construction drawings to be prepared; or 2. Select Landscape Concept Theme No. 2 and direct staff to cause the construction drawings to be prepared; or 3. Select Landscape Concept Theme No. 3 and direct staff to cause the construction drawings to be prepared; or 4. Provide staff with alternative direction. Respectfully submitted, "mothynas , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Existing Conditions 2. Landscape Concept Theme No. 1 3. Landscape Concept Theme No. 2 4. Landscape Concept Theme No. 3 A2 i P ��:✓�' �.TT''�X .». �r5,, �- ■ Ia OND � m 11 04 OF AGENDA CATEGORY: ITEM TITLE: Discussion of Options for Construction BUSINESS SESSION: and Demolition Debris Recycling Program CONSENT CALENDAR: STUDY SESSION: .i PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: If an Ordinance is adopted, it could result in additional staff costs; however fees could be assessed to offset these costs. If performance security deposits are accepted, a new fund (or account) would need to be established to hold the deposits. Furthermore, any deposits that are forfeited due to non-compliance could add revenues to the City's AB 939 fund. Those revenues could, in turn, be used to fund the additional administrative costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: State Law, AB 939, requires cities and counties to divert from landfills 50% of the waste generated in the City. The City of La Quinta has been in compliance with the law since it was passed in 1989. In 2005, the City's diversion rate was 59%. The California Integrated Waste Management Board ("CIWMB") estimates that State- wide construction and demolition ("C&D") debris is approximately 22% of the waste stream. The percentage of C&D debris is much higher in certain communities. k- 336 The CIWMB has been encouraging all jurisdictions to adopt ordinances to require recycling of C&D debris by contractors and/or waste haulers. At this time, ordinances are encouraged by the CIWMB, but not required. The City of La Quinta has had a voluntary program to recycle Construction and Demolition debris for at least six years. City's Existing C&D Program The City of La Quinta developed a C&D recycling brochure several years ago (Attachment 1). The brochure promotes recycling in concept, and lists nearby recycling facilities and the materials accepted at the facilities. The brochure also contains instructions on proper disposal of hazardous materials. The brochure is updated periodically to include new facilities as they are developed. In 2006, the brochure was also translated into Spanish. Both the English and Spanish versions of the brochure are available at the Planning Department, Public Works Department and the Building and Safety Department. Contractors frequently have questions about where to take their recyclables, and City staff routinely uses the brochures to provide information to the contractors. In addition, Burrtec has a program to encourage recycling. When contractors call to set up new services on construction sites, Burrtec's customer service representatives encourage recycling services and explain how contractors can save money by recycling. Facilities and Current Levels of Recycling There are several facilities near the City of La Quinta where Burrtec and contractors can take source -separated materials for recycling. In most cases, these facilities are both less expensive and closer than landfills or transfer stations. These facilities have continued to expand over the years. However, contractors must continue to separate materials by type (such as wood, drywall, etc.) for recycling, because there is not a mixed C&D processing facility in the Coachella Valley. A mixed C&D processing facility accepts and sorts loads of mixed C&D materials for recycling. As a result of the availability of recycling facilities, nearly 10,000 tons per year of construction and demolition materials from the City of La Quinta are diverted each year from landfills. Burrtec hauled less than one third of the 10,000 total tons, and the contractors hauled the remainder. The City's existing voluntary C&D Recycling Program contributes at least 8% to the City's current diversion rate (i.e., eight points of the current 59 points.). History of C&D Ordinance Development City staff drafted a C&D Debris Recycling Ordinance in 2001, and held a public meeting with contractors to discuss the requirements of the Ordinance. In 2001, :E£ .0'6" support for the Ordinance was low, and contractors found it to be an unfamiliar process. At that time, there were fewer than 20 cities in the State that had adopted C&D Ordinances. Over 100 jurisdictions in the State have now adopted C&D Ordinances, including several cities in the Coachella Valley. In 2005, CVAG developed a Model C&D Ordinance. The City of La Quinta was an active participant on the committee that developed the Model Ordinance. The Cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, and Rancho Mirage have adopted C&D Ordinances or procedures. The Cities of Indio, Palm Desert and Palm Springs have not passed such Ordinances. Requirements of CVAG Model C&D Ordinance The CVAG Model Ordinance is 13 pages long, plus five pages of forms. In brief, the Model Ordinance contains the following provisions: • All demolition projects would be required to divert from landfills at least 50% of the waste produced by the project. • Construction projects would be required to divert at least 50% of the waste produced from the project • Applicants for building or demolition projects would be required to submit "Recycling and Waste Reduction Plan" forms before beginning construction or demolition. The plan would indicate how the 50% diversion requirement would be met. Periodic reporting would also be required, as well as a final reporting form at the completion of the project. • The Model Ordinance contains several exemptions for projects from which it would be difficult to recycle (e.g., installation of prefabricated patios, seismic tie -downs, projects that generate little or no recyclable debris), and allows authorized City staff to make other exemptions as needed. • The Model Ordinance requires applicants to leave a performance security deposit, which would be returned to the applicant after completion of the project and after receipt of documentation proving adequate recycling of project waste. City officials would determine compliance, and whether the performance security deposit would be returned. Partial reimbursement may be applicable for partial compliance. • The Model Ordinance contains administrative appeals and penalty provisions. • The City could adopt new fees to cover staff costs of implementing an ordinance. Any ordinance adopted by La Quinta would first be customized to meet the, City's needs. Some or all of the provisions of the Model Ordinance could be altered. _ 338 Administrative Concerns and Responsibilities Implementing a program similar to this Model Ordinance may require cooperation from the Building and Safety, Public Works, Planning, and Finance Departments. The affected City departments believe that the requirements of this Ordinance are administratively burdensome. Additionally, the City's current voluntary program is diverting approximately eight percent of the City's waste stream. Based upon the State's estimates, this level of diversion is approximately 36 percent of the estimated construction and demolition waste product at construction sites. Staff has listed some alternatives to this Ordinance intended to achieve the objectives of the CVAG Model Ordinance, while taking into consideration City department concerns: • Continue to educate contractors through distribution of the City's bilingual C&D brochure at all applicable City counters. • Add a "check box" to building/demolition permit applications where applicants must acknowledge receipt of the C&D brochure. • Enhance the program through educational workshops promoted and conducted by Burrtec and additional educational materials developed by Burrtec, as required under the new agreement. • Monitor trends in recycling of C&D materials by Burrtec and contractors to ensure that diversion levels are maintained or increased. The goal of this program would be to achieve a 50 percent plus diversion rate. As an alternative to the above, Council may wish to continue with the voluntary program and in addition, select one or two large developers to start a pilot program. This voluntary pilot program would invite one or two large developers to accept the City's assistance in planning and monitoring a comprehensive recycling program. Under this scenario, staff, from affected City departments and Burrtec, would work with the developers to plan and implement on -site C&D recycling. All parties would meet regularly to assess program progress, discuss barriers to recycling, discuss paperwork and other potential program requirements, and monitor recycling and disposal tonnages. This process would allow City departments, developers, and Burrtec to have input into a C&D Ordinance process that would strike the right balance of being effective, efficient and easily monitored. The City could then evaluate the level of C&D debris diversion from voluntary efforts prior to implementing mandatory measures. This would assist in determining the level of additional efforts that may or may not be required through a mandatory program. In this regard, the City and Burrtec have implemented a very aggressive diversion program for the Vista Dunes project. To date this project has achieved a 90 percent diversion rate for construction waste. ~" 339 Another option would be to consider a program with less stringent requirements that applies to fewer permit applicants (i.e., increase the minimum value of projects to which the Ordinance would apply). The following are additional program options: A. On -Site C&D Recycling Containers • Required for building/demolition permit applicants • Recycling containers for sorting and collection of construction/demolition debris required on -site • Require recycling containers to be labeled for easy identification • City staff effort includes confirming if containers are present during scheduled building inspections and/or during random site checks • Permit applicants can demonstrate the presence of such required bins through receipts from recycling companies that either provide the containers or accept the recycled materials. In the event that building inspectors determine that the required containers are not being utilized, citations may be issued and building inspections could be rescheduled. Advantages: • Minimal staff effort required to monitor compliance. Disadvantages: • City would not receive recycling and disposal reporting from contractors. B. Recycling Plan Required • Require use of recycling containers • Implement 50% diversion goal for applicable projects • Obtain an agreement with Burrtec to maximize diversion of all C&D debris loads and to arrange recycling programs for all C&D customers • Require that all building/demolition permit applicants either: a) Utilize the franchise hauler Burrtec, or b) Submit a simplified recycling plan indicating which recycling and disposal facilities they intend to use • Request submittal of recycling and disposal receipts at close of project. Advantages: • Minimize City staff resources required by not requiring security deposits or the approval of initial and final plans in order to issue permits and refund deposits • City would receive data from disposal and recycling receipts • Greater opportunity for contractor education. 340 Disadvantages: • No financial incentive for contractor compliance • No administrative funding received through administrative fees. C. Implement Revised Version of the CVAG Model Ordinance The CVAG Model Ordinance, as more fully described above would include: • A more detailed recycling plan that would be approved by City before permit issuance • Exemption for construction projects valued at less than $50,000 • Security Deposit, with return contingent upon recycling efforts Post -project evaluation to determine if 50% diversion plan has been met • Greater staff resources to review reasonableness of plans, compliance with plans, exemption from plan requirements. Advantages: • City receives significant data on C&D recycling efforts • Financial incentive for contractors to comply • City may receive funding through forfeited fees (though goal is to see that all contractors comply and are reimbursed) • City staff time could be minimized if the City assigns appropriate administrative duties over to Burrtec, as permitted under Section 10.8(c) of the City's new waste hauling agreement. Disadvantages: • City staff time for recycling plan approval, recycling results review, and security deposit collection and reimbursement. D. Limit Application of Ordinance — Applicable to Options A, B and C The majority of recyclable C&D debris generally comes from larger projects. Smaller projects not only generate less debris, but cost and space constraints may make maintaining multiple containers for the on -site sorting of C&D debris infeasible. In order to capture a significant amount of recycling, while limiting the number of projects that City staff must track, Council may exclude the following projects from Ordinance requirements: • Projects under a specific size • Projects under a specific cost • Specific projects types which tend not to generate significant recyclable materials. -'_1 341 These limits may be set higher or lower in order to capture the number of projects that City staff can adequately monitor, while still diverting a significant amount of C&D debris. If the council wishes to move forward more quickly, staff could draft a C&D Ordinance for Council review. The City recently re -negotiated its solid waste hauling contract with Burrtec which included provisions to address this issue. The City may choose to have Burrtec perform some or all of the administrative services that would become necessary once a C&D Debris Ordinance is implemented, sparing the City's departments some of the burdensome administrative duties. The new agreement includes a requirement that Burrtec "comply with all provisions of any Ordinance regulating C&D waste which the City may adopt, and to provide services for contractors in the 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 C&D waste.)" Additionally, Burrtec "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." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Direct staff to continue the existing voluntary C&D Recycling Program which includes providing public education to contractors and Burrtec's efforts. Direct staff to continue to monitor program results. 2. Continue the existing voluntary C&D Recycling Program and direct staff to conduct a voluntary pilot program with one or two large developers as a pilot program to evaluate the potential of adopting a C&D Ordinance. 3. Direct staff to bring a draft C&D Debris Recycling Ordinance to Council for adoption. 4. Provide staff with alternative direction. 342 Respectfully submitted, Douglas . Evans, Assistant City Manager -Development Services/ Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. C&D Brochure �� 343 O Q } O O 0) Q L 7 O Q 1 L V N L CA Ax L T _ U 0) O Q Q } in 0 L O v ATTACHMENT #1 I l 55 � v c—�eo ay o v•p Nv.� a� m y v 3 p 3> 3o c ti �c C evv vo 4 So o �c w �,.c .v. n ;52 vv °o P., ° 3 C ° v eo a a v n p a 6 a o o p y y A 5 d n m xu a u w o o E° o V °° G °. u .v u h m a v v °' 0.ao a.w Yi °a ,oa m m,o a �',� $ h o'b vb ''' 3 c w mo 5 5° v a°y o 0>, v" '� >�a U. °' a 0 � `O" '^ 4 V ou 0. o y c ba h v 3 ° mg ° x o> ° o> o v 3 3 H o° a a> Y1 g.3.9v.' 5 cl. �°ro 7 c. 0.o n 3 Ew °o a+`i m m 5 >`& o a •p °..' v '�° u m v m ° v� o `� d v v a R o xJ 'o^ v a ° ° U b 5 R �• 5x v5eo5d z�o °U��? ow° p �x udG a aC o�Gw'a °o° a 5ti$yrl` o pry ° ° E O N R y0. > 0� L fC ° O O C O ° > 3 ip N C <0 y u� u �, G p R G N E 5 a y u 5 C. v R 0. 3 �^ p > b J7 �. b 'p y .� .r O i O o u$ E° 3° v o$ o y c° 4 ° v G p p a a m 5 °> c 5 U v 0 t� C. .. w .. c4 y m 0 „ y n ro o v k' o ^u .2p v E3 � 3 �' e o A w° " o R >p>,,' .p. rp, m u w A H cV l+i 'p u 'O G] um 'C3 w y m v n v w 6 v c� y'v u° o w° e`� o °o o p T > > bO u o w a v O '� v .�.. w p° 0 O ui g N O v t� �y .5 N o 'O y° D, �D „ 3 m C p '7 u w .Lu CC 'p p a i R 7TO� R.5\�$ fi °off C �. aoahm�� w tZ 50eo ya�°°o "-.4 woO o> W R a ° N 2,5-o �.0 o 5 mxa eon : 5 7 ao w W o E n 'E hx o,R��+ °°3 zq> a oaasp@3Kav Rbeo. 50 me y°>or v w°>>m u3 mF'36= o C wvoyv° h a2 eo3Guau o.,°0 3vao pv yoo w 3 3 „max > 5 3>vau O 7o> u 5 `m ° o z N 344 C & D Debris Recycling Facilities Acceptable materials and tipping fees can fluctuate with market conditions. Facilities may accept only certain materials in a particular category. Please be sure to call recycling facilities prior to project start-up for details. a ryv 2 a 0 U Hours of d ti a A a b Operation/ .5 Additional Comnanv ¢ ¢ m ° c F 3 Materials California Bio-mass Inc. ME Monday - Friday from 7- 4, 83109 Avenue 52 Saturday 7-2, closed Sunday Thermal, CA 92274 �y Tel: (760) 399-4128 Fax: 760 3994131 Drywall, ease/L uid waste Riverside Scrap Iron & Metal Tuesday - Saturday from 7-3, 86015 Avenue 52 closed Sunday Coachella, CA 92236 7C Tel: 760 398-7772 Radiators, CRV* containers Granite Constuctlon Monday - Friday from 6 - 3, 38155 Monroe Street closed Saturday and Sunday Indio, CA 92201 �y Tel: (760) 775-8270 (Steel reinforced concrete not Fax: 760 775-8344 accepted) Palm Springs Recycling Monday - Friday from 8-4, Sat 280 Oasis Road 8-1, Sunday dosed Palm Springs, CA 92262 Tel: (760) 325-3377 36630 Sunair Plaza Cathedral City, CA 92234 CRV` containers, insulated Tel: (760) 321-4087 wire, glass (not sheet glass), Fax: 760 321-0494 motors, batteries. Recycle America Monday - Friday from 9 - 4, 41800 Corporate Way Saturday 8 -1, dosed Sunday Palm Desert, CA 92261 L y Tel: (760) 340-2113 x3308 CRV* containers, non-CRV Fax: 760 346-9253 gkass Southern California Recycling Monday- Saturday from 7-5 , 29-250 Rio Del Sol Sunday from 8-4 Thousand Palms, CA 92276 y y, Y Y y y Tel: (760) 343-0499 Fax: (760) 343-3004 Sand Valley Scrap Monday - Saturday from 84:30, 48100 Harrison St. closed Sunday Coachella Valley, CA 92236 Tel: 760 3985651 Z-Best Monday - Friday from 74, 27105 Sierra Del Sol Saturday 7-2, closed Sunday Thousand Palms, CA 92276 7� Tel: (760) 343-0095 Fax: 760 343-2436 Sand, sod, tile, gypsum Colmac Energy, Inc. Monday - Friday from 7 - 5, 62-300 Gene Webnas Drive closed Saturday and Sunday Mecca, CA 92254-0758 Tel: (760) 396-2554 No palm trees or grass, only Fax: 760 396-2834 untreated wood waste Ramsey Recycling Monday - Saturday from 8:30 - 1243 Ramsey Street 5, Sunday from 8:30 - 2 Banning, CA 92220 Tel: (951) 849-5997 CRV* containers, batteries, new Fax: 951 849-8399 paper, cardboard * CRV means California Redemption Value. i'N.il , 345 REPORT/INFORMATIONAL ITEM: 0-0 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 8, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman 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. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Principal Planner Wallace Nesbit, Assistant Planner Jay Wuu, 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 April 24, 2007. There being no changes, it was moved and seconded by Commissioners Barrows/Alderson 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 '-"-6 346 n cu CKIARAC %. l owonnrClor 101i.,--%1nn7%9 O n7 A—n "^ Planning Commission Minutes May 8, 2007 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. Chairman Quill reaffirmed the public hearing was open and asked for the staff report. Principal Planner Wallace Nesbit informed the Commission that the recommendation was to take the item off calendar to allow staff and the applicant time to resolve environmental issues. The item would be re -noticed at a future date to be brought back to the Commission. 3. It was moved and seconded by Commissioners Alderson/Barrows to remove the item from the calendar. Unanimously approved. Commissioner Daniels rejoined the Commission. B. Conditional Use Permit 2007-103; a request of Cham T. Prince for consideration of a Cosmetology School within an existing commercial space located at 79-430 Highway 1 1 1, the northwest corner of Highway 1 1 1 and Dune Palms Road within the La Quinta Valley Plaza. 1. Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Jay Wuu 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. There 34 being none, Chairman Quill asked if the applicant would M4,to r.nn,onnrm or nn:n. .nr\onn�\F a nl A.... 2 �� Planning Commission Minutes May 8, 2007 address the Commission. Ms. Danielle Alexander, representing the applicant stated she was available to answer any questions and confirmed they had the support of the other residents in the Center. 3. Commissioner Alderson asked the hours of operation. Ms. Alexander stated they run in four hour intervals in the morning, afternoon, and evening. The business will utilize about 10,000 square feet of the 15,000 square foot building. 4. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion of the hearing. 5. There being no further discussion, it was moved and seconded by Commissioners Daniels/Engle to adopt Planning Commission Resolution 2007-018 approving Conditional Use Permit 2007-103, as recommended. C. Continued - 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. 1 . Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson 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 how many acres of land this change will affect in the future. Staff stated approximately 35 lots and identified the land on the map exhibit. 3. Chairman Quill asked if this would affect any lands that would be annexed. Staff stated that if any of the properties were designated as Low Density Residential (RL), it would apply. 4. There being no further questions of staff Chairman Quill asked if the applicant would like to address the Commission. Mr. "David `p r " 348 0 na A-- 3 Planning Commission Minutes May 8, 2007 Turner, 81-180 National Drive, La Quinta, asked where the landscape buffer would apply in regard to landscape parkways width in relation to a cul-de-sacs. Staff stated that it refers to the perimeter fronting public street that would require the 30-foot setback. Mr. Turner stated he understood the intent was to combine the properties into larger projects; however do they need to be contiguous. Staff stated it would need to be one map that is greater than ten acres. If the consolidation of the properties was greater than ten acres it would apply. 5. There being no further questions of staff, the applicant or any other public comment, Chairman Quill closed the public participation portion of the hearing. 6. There being no further discussion, it was moved and seconded by Commissioners Daniels/Barrows to adopt Planning Commission Resolution 2007-019 recommending certification of a Negative Declaration for Environmental Assessment 2006-578, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 7. It was moved and seconded by Commissioners Daniels/Barrows to adopt Planning Commission Resolution 2007-020 recommending approval of General Plan Amendment 2006-109, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. 8. It was moved and seconded by Commissioners Daniels/Barrows to adopt Planning Commission Resolution 2007-021 recommending approval Zone Change 2006-086, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. BUSINESS ITEMS: None. CORRESPONDENCE AND WRITTEN MATERIAL: None. o� qnn„G e,,, 4 Planning Commission Minutes May 8, 2007 COMMISSIONER ITEMS: A. Commissioner Alderson gave a review of the City Council meeting of May 1, 2007. ADJOURNMENT: There being no further business, 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 22, 2007. This regular meeting was adjourned at 7:29 p.m. on May 8, 2007. Respectfully submitted, i Bet er, Executive Secretary City of La Quinta, California 1-k6 350 n\1�IDnnn Clpn �.tin.nnnNnn9\F 0 R, Ann MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 22, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Paul Quill who asked Commissioner Alderson 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, Planning Manager Les Johnson, Principal Planner Stan Sawa, Assistant Planner Jay Wuu, 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 May 8, 2007. There being no changes, it was moved and seconded by Commissioners Barrows/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Tentative Tract Map 34969 and Site Development Permit 2007-883; a request of East of Madison, LLC, for consideration of the plans to subdivide an area within the Madison Club residential project into a Clubhouse site. Site to include building, parking lot, tennis court, and landscaping plans for the Madison Club Clubhouse for the property located within the Madison Club, south of Avenue 52, east of Madison Street, west of Monroe Street. 1. Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson informed the Commiss this item would need to be continued as a new map exhibit s� 35 n ni 1.. n.lmmnn c'.o A7 w-. Planning Commission Minutes May 22, 2007 recently introduced to staff. Staff would bring the application back after issues regarding the map are resolved. 2. There being no further discussion, it was moved and seconded by Commissioners Daniels/Engle to continue the application to June 12, 2007. Unanimously approved. BUSINESS ITEMS: A. Site Development Permit 2006-862; a request of Highland La Quinta, LLC for consideration . of screening for a drive-thru lane for commercial buildings in Phase 2 of the Dunes Business Park for the property located on the north side of Highway 111, between Jefferson Street and Dune Palms Road. 1. Commissioner Engel stated he had a potential conflict of interest and excused himself from the dais. 2. Chairman Quill asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked if the traffic would travel west to east in both instances. Staff stated yes, because of the location of the drive-thru windows. 4. Commissioner Daniels asked why the applicant had to obtain approval from the Riverside County Agricultural Commission for the plant palette. Staff stated the Commission verifies that certain species are not imported into the Valley. Commissioner Daniels asked if the building on the right had windows facing the east. Staff stated there are no windows on the east; shrubbery and trees are planted along this elevation. 5. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Juan Galaviz, KKE Architects, stated he was available to answer any questions. 352 r.ne,onnrclor KA.—..ro11nn719'0 m A— 2 Planning Commission Minutes May 22, 2007 6. Chairman Quill asked if there were any questions of the applicant. Commissioner Barrows asked if the applicant could use the local Palo Verde tree instead of what is called out on the plans. Mr. Galaviz stated he would refer the question to his landscape architect. 7. There being no further questions of the applicant and no other public comment, Chairman Quill closed the public participation of the hearing. 8. There being no further discussion, it was moved and seconded by Commissioners Alderson/Barrows to adopt Minute Motion 2007- 008 approving Site Development Permit 2006-862, as recommended and amended: Condition #3: The applicant shall replace the Cercidilm tree with the Blue Palo Verde tree. Unanimously approved. Commissioner Engel rejoined the Commission. CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Staff gave a review of the City Council meeting of May 15, 2007. Commissioner Daniels stated his concern regarding Council's recent action to overturn their denial of the water feature on the Hughes tract. Commissioner Alderson stated he believes it puts staff in an awkward position to make a determination on something that does not have definitive Code requirements to base it on. Staff stated they were working on recommendations to present to the Commission for core issues that will enable staff to make recommendations early on in the application process. Chairman Quill stated the Code should identify whether the use of the water is wise and beneficial in its application. Commissioner Barrows stated she appreciated staff effort to resolve this issue. B. Commissioners asked staff to agendize the summer meeting schedule for the next meeting. 6-8 _U 353 p.\61/OnnnC\or bl.......nIlnn7TF 11 n7 A-, 3 Planning Commission Minutes May 22, 2007 ADJOURNMENT: There being no further business, 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 June 12, 2007. This regular meeting was adjourned at 7:26 p.m. on May 22, 2007. Respectfully submitted, Bet 4 aw Executive Secretary City o a Quinta, California 09 m An.. 4 REPORT/INFORMATIONAL ITEM: a MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Special meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA September 21, 2006 This meeting of the Historic Preservation Commission was called to order by Chairperson Wilbur at 3:00 p.m. who then led the flag salute and asked for the roll call. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Puente, Sharp, Wright, and Chairman Wilbur Absent: Commissioner Mouriquand Staff Present: Associate Planner Andrew Mogensen, Assistant Planner Yvonne Franco and Secretary Carolyn Walker II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Puente and Wright to approve the minutes of June 15, 2006 as submitted. Unanimously approved. B. It was moved and seconded by Commissioners Sharp and Wilbur to approve the minutes of July 20, 2006 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Phase I Cultural Resources Survey Report For a 40± Acre Site, Assessor's Parcel Number 767-320-009 Applicant: Jerry Herman, Trans West Housing P:\CAROLYN\Hist Pres Com\HPC 9-21-06.doc Historic Preservation Commission September 21, 2006 Consultants: CRM TECH (Terri Jacquemain, Daniel Ballester & Laura Hensley Shaker) Location: Southwest corner of Avenue 54 and Monroe Street. 1. Associate Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked for a definition of "isolates" which staff explained were single archaeological finds exclusive of context or other artifacts. 3. Chairman Wilbur complimented CRM Tech on the report. 4. There being no further comments it was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2006-011 accepting the results of the Cultural Resources Survey Report as submitted. Unanimously approved. B. Paleontological Evaluation Report and Mitigation Plan For a 40± Acre Site, Assessor's Parcel Number 767-320-009 Applicant: Jerry Herman, Trans West Housing Consultants: CRM TECH (Harry M. Quinn and Thomas Shackford) Location: Southwest corner of Avenue 54 and Monroe Street. 1. Associate Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Puente asked if the final report would come back to the Commission. Commissioner Wright said only if something substantial was found. 3. There being no further comments. It was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2006-012 accepting the results of the Paleontological Evaluation Report and Mitigation Plan as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMISSIONER ITEMS: 1. Staff informed the Commissioners of the mandatory Ethics Training that would be held on October 2, 2006. P:\CAROLYN\Hist Pres Com\HPC 9-21-06.doc 2 Historic Preservation Commission September 21, 2006 2. Commissioner Wright asked about the status of the historic capped site located in the former La Quinta Arts Foundation property. He requested staff inspect the cap before any grading was initiated. Staff replied they were aware of the situation and would follow-up. 3. Commissioner Puente asked about the disposition of the former gates of the Point Happy Ranch project. Staff said they would look into the matter and advise the Commission at the next meeting. 4. The Commissioners discussed the Historic Preservation Conference in 2007 and asked for information on the upcoming event. Staff advised they would provide further information at the next meeting. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright and Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on October 19, 2006. This meeting of the Historic Preservation Commission was adjourned at 4:14 p.m. Unanimously approved. Submitted by: ( c er Carolyr�Walker Secretary P:\CAROLYN\Hilt Pres Com\HPC 9-21-06.doC 3 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA January 18, 2007 This meeting of the Historic Preservation Commission was called to order by Chairperson Wilbur at 3:03 p.m. who then led the flag salute and asked for the roll call. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Puente, Chairman Wilbur Staff Present: Planning Manager Planner Stan Sawa Walker II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Sharp, Wright, and Les Johnson, Principal and Secretary Carolyn A. It was moved and seconded by Commissioners Wright and Sharp to approve the minutes of September 21, 2006 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Evaluation of Adobes at La Quinta Resort — Morgan House Applicant: CNL Resorts, L.P. (David Urban) Consultants: Architectural Resources Group Architects, Planners and Conservators, Inc. Location: West side of Avenida Obregon, south of Avenida Fernando, within the La Quinta Resort. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. P:\CAROLVN\Hist Pres Com\HPC 1-18-07.doC Historic Preservation Commission January 18, 2007 2. Commissioner Sharp asked if the Morgan House would be retrofitted. Staff replied no and read the recommendations in the staff report regarding safety and fencing of the Morgan House. 3. Commissioner Sharp was very concerned about the Morgan House as it was a good example of Monterey Architecture and should be preserved. 4. Commissioner Puente asked about the cost of retrofitting the structure. Staff said they did not have the cost information, but was told it was very expensive to retrofit and pointed out the Morgan House was in the project site, but would not be used as part of the project. 5. Commissioner Wright said it was not open to the public and it did not need to be retrofitted. 6. Commissioner Sharp asked if the house would be surrounded by chain link fence. Staff stated it would be fenced appropriately as noted in the recommendations. 7. Mr. Sam Gasowski, of Stowel, Zeilinga and Ruth, spoke on behalf of the applicant (CNL Resorts) to answer the question on the fencing. He said it would be subject to the approval of the Community Development Director and they would work with staff to make sure the fencing was appropriate. 8. Commissioner Sharp said this was a multi -million dollar project and wanted to know why more money was not allocated to retrofit the Morgan House. 9. Commissioner Wright said you cannot force the applicant to retrofit since the public was not going to be allowed into the Morgan House. 10. Chairman Wilbur asked if the public was allowed in to the new development or if it was limited to hotel guests. Staff replied the pool facility would be for hotel guests and not be open to the general public and would be gated with only one main entry. 11. Commissioner Wright asked if Casa Magnolia, which is a separate building off the site, was going to be open to the public. Staff said it would not be open to the public. P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doC 2 Historic Preservation Commission January 18, 2007 12. Commissioner Wright asked about the tennis courts, swimming pools, and other buildings. He asked if staff was going to determine what buildings were being removed and were there any other historic buildings involved. Staff replied there were only modern buildings being demolished and no adobe structures were involved. 13. Commissioner Wright asked if the Morgan House would be maintained by painting, and could the Commission require the applicant to keep up standard maintenance to keep the building from falling down. 14. Planning Manager Johnson said the hotel hired one of the best adobe experts around to inspect it. He said the impetus is on keeping the Morgan House protected. Retrofitting is yet to be determined by the Hotel. Staff expects there would be some standard upkeep of that facility but it would not be utilized as a feature within the confines of the Resort at this time. The key issues of the report were: 1) to identify the importance of the buildings and their history, as stated in the report; and 2) make sure there is a proper barrier provided around the building. 15. Commissioner Wright said when KSL owned the property they refused to do any National Historic Registration, but he was very concerned because the City was named for this historic property. When the Commission worked with Sienna Corp. (Tradition) they were very emphatic that the hacienda and any important structures be restored and maintained. He stated he had a problem with this structure just being fenced as it could be falling down from neglect in ten years, and would have to be demolished because of safety issues. The City has lost many of its historic buildings and so few are left. Everything in the Resort is very historic and should be maintained. He wanted to know why it could not be integrated into the property as a sales office, or similar use. This is a major decision for the Commission. 16. Commissioner Puente asked if the Commission could recommend the owners take appropriate steps to register the property as historic. 17. Commissioner Wright said it is up to the property owner and they cannot be forced to register a property. However, this is a very historic part of the property and he was concerned the property would be eroded building -by -building until th9lR_�as 33�� little left. P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 3 Historic Preservation Commission January 18, 2007 18. Chairman Wilbur asked if it was possible for the owners of the property to demolish the house. Staff replied not without the Commission and City Council's approval. 19. Commissioner Sharp asked why the Morgan House could not be utilized as the new Historic Museum instead of the one the City was building. Staff replied it was on private property. 20. Commissioner Sharp said the building has to have a reason to exist so it does not become a source of blight. 21. Commissioner Puente said there were tax incentives for the owners of historic property. Maybe the owners should consider that. 22. Commissioner Wright replied the Hacienda was completely restored to what it was in 1927. That was a perfect example of how a corporation could put a historic building to good use. He thought there should be specific guidelines now on how the project should be either restored, or retrofitted. 23. Mr. Richard Garnett, resident on Los Estados, said he hated to see the Morgan House end up with a fence around it and left to deteriorate. He also stated there is a huge ground swell against the proposed Signature Pool development as it is currently proposed. The concern of the nearby residents is, that if they are not careful they will have a potential Disneyland next to a historic site. He said when the Planning Commission has the open hearing on the Signature Pool he expected a great deal of participation by the residents and a great deal of rejection. The new project removes the Stadium Court and a lot of other things which the residents believe are part of the historic significance of the resort. 24. Mr. Gasowski, in responding to Mr. Garnett's comments said the full environmental analysis is being conducted by the City with regards to light, noise, and any other environmental impact that the Signature Pool project will have on the area and will be properly addressed at the Planning Commission and City Council. He added the applicant has no plans for the Morgan House and as staff pointed out nothing can be done to the Morgan House without the approval of the Commission. •.p. 361 P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 4 Historic Preservation Commission January 18, 2007 25. Commissioner Sharp reiterated without a purpose for the building there would be no motivation to make it better or even preserve it. It would eventually deteriorate. 26. Commissioner Wright asked why the applicant is even fencing it off if no one is going to see it or use it. He agreed with Commissioner Sharp on the building having a purpose. 27. Mr. Gasowski replied the wall is a safety issue, to prevent anyone from getting hurt. Staff, the environmental experts, and the applicant have determined this is the safest way to prevent anyone from getting hurt in the event there is seismic activity. 28, Commissioner Wright said the safest way is to retrofit the building. He was under the impression the older parts of the Hotel had been retrofitted and asked staff if that was correct. Staff replied they were not sure what buildings had been retrofitted. 29. Chairman Wilbur asked if the applicant had obtained a cost estimate on retrofitting. Mr. Gasowski said he did not have those numbers in front of him but it was his understanding the analysis was done and it had been identified as financially unfeasible to retrofit the building. 30. Chairman Wilbur said the Commission would appreciate hearing the numbers on retrofitting. He agreed with his fellow Commissioners in saying that there is no appeal on the building being walled, or fenced, and being left. He was concerned with businesses changing their direction and what could happen to the Morgan House if the Hotel changes hands. If this building is not part of the future of the current project then the Morgan House has no future. He also said at some point in time, since it is not a registered building, it will be in really bad shape and the owners will want to demolish it. This has happened in this City and it shouldn't happen to this building. He is concerned it will not get the attention it deserves. 31. Commissioner Sharp said it would be an eyesore to the project unless it is maintained, or retrofitted, and has a specific purpose. 32. Commissioner Wright said he is against approving this application until he receives further details on what will happen to the Morgan House. The Commission previously had to fight to prevent the loss of the adobes. He is not ready to see--*362 P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 5 Historic Preservation Commission January 18, 2007 structure be sent down the road to corporate demolition. He does not know anything about the other project, and that's the Planning Commission's concern. He referenced the statement "landscaped grounds and several buildings". He wanted to know specifically what was going to be taken down, and what was specifically historical. If it is a part of the Morgan House the Commission needs to take a closer look. There's just not enough information for a vote. He suggested the Commission take another tour of the area to see what was going to be taken down and what was to remain. 33. Chairman Wilbur said La Casa is not part of that, but it is a similar structure constructed in the same way. He asked if it had been retrofitted. Staff said it had not. Chairman Wilbur asked if La Casa was currently being used. Staff said the patio is used sometime for activities, but the interior of the building is not being used at this time. Chairman Wilbur said there is an element of potential profitability in retrofitting the La Casa building. He suggested considering the formation of a Foundation for restoration/retrofitting of the Morgan House. They could then raise funds not only to retrofit, but to maintain it. It could then be open to the public certain times of the year. He shared the sentiments of the other Commissioners. 34. Commissioner Sharp said there was not much creative thought put into the use of the building, other than put a fence around it. To destroy the building or let it disintegrate would be a really sad thing. 35. Mr. Gasowski said he didn't think that was the plan. It was to keep the building at status quo. Commissioner Sharp replied it won't work that way, it will fall down. 36. Commissioner Wright said there was nothing in the report that stated what the plans were for the Morgan House. The Commission needs to see what the specific proposals are for the Morgan House, how it's going to be maintained and what is the purpose of putting a wall around it. The Hotel is very important to the City as the City was named after the Hotel. Walter Morgan and the Morgan House are very important to this community and there is just not enough information here to justify the Commission's vote today. He repeated his concerns about the statement "and several buildings". 37. Mr. Gasowski replied there had been no other identifications of any other historic buildings that would be involved with rdgV4 363 P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 6 Historic Preservation Commission January 18, 2007 to the plan. He said the applicant did not have any plans for the Morgan House. 38. Commissioner Wright said that's the problem. The applicant was new to the City of La Quinta, with their purchase of the Hotel and they do not understand La Quinta is a very small community and the Commission has concerns over the historic value of this home. If this project were in Santa Monica you'd have 50 concerned citizens outside the meeting, and the same thing with Pasadena. La Quinta is no different than any other town that has historical buildings, except we don't have a lot of historical structures left to maintain historically. I think that the developer and the owner need to understand that this is not something that is easily decided. He said he wanted to see this structure maintained. He emphasized KSL had promoted the historic value of the grounds, buildings, etc. It was one of the things they sold their rooms on. This is not just another old building. He was determined not to have a wall put around the building and let it deteriorate. 39. Commissioner Sharp said the retrofitted Hotel lobby became a very interesting place. He often takes people to the Hotel to show and explain the history of the City. 40. Commissioner Wright asked the Commission to make a motion to table this item until they had a chance to tour the property and received something back from the developer regarding their specific plans for the Morgan House. 41. Commissioner Sharp said they would like to have the cost breakdown of retrofitting the building. 42. Mr. Gasowski said staff had indicated the Signature Pool would have no effect on the Morgan House. He added, assuming it was considered a historic property, without the project having any effect on it, he objected to the enabling statute in the La Quinta Municipal Code with regards to the Commission's jurisdiction to impose any additional conditions. In addition, there is also an exception with regards to safety and to the extent there is a safety concern then that is an exception to the Commission's jurisdiction. 43. Chairman Wilbur suggested the applicant work with the Commission on mitigation measures that would keep the Morgan House in excellent shape, as well as some innova*@ 364 idea for its future. The Commission understands it is not related P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doC Historic Preservation Commission January 18, 2007 to the project per se, but there is an opportunity to be a member of good standing in the community. Falling back on the Code is probably not a good way to build good will. 44. Commissioner Wright said none of the Commissioners know anything about, or care, about the water project, but they are concerned about this house. He asked if the Commission had the right to ask for some answers as the report was very vague. Staff replied they did have the right. Commissioner Wright said until the Commissioners had a chance to visit the property he would like to table this to the next meeting. Staff said if the Commission did wish to table the item they would need to specify exactly what information they are looking for so staff could make sure they received it. 45, Chairman Wilbur said they would like to see a cost estimate of retrofit, information on how it would be maintained over a period of time, a re-examination of the issue of the wall and fence, and what type of wall or fence would be constructed. Staff added when they say fencing they are talking about some type of picket fencing. 46. Commissioner Sharp said that type of fencing was not appropriate to the architecture, but an adobe wall would be. Staff said it would be in a style appropriate for the architecture. 47. Chairman Wilbur suggested the applicant do some out -of -the box thinking about what could be done with this property and how to integrate it into their plans. 48. Commissioner Wright said the Hacienda del Gato is an excellent example of preservation and use of a historic building. The Commission is concerned about the situation of out -of -sight, out -of -mind and slow deterioration and hoped this was not their attitude on the rest of the structures at the La Quinta Hotel. If this was their attitude, it did not sit well with him and he wanted to know what their attitude was on the rest of the buildings and grounds of the La Quintal Hotel. 49. Chairman Wilbur asked if there was the possibility of visiting the property. 50. Staff said there was the possibility the information could be obtained prior to their next scheduled meeting or maybe there could be a special meeting. Commissioner Sharp asked if the staff would be scheduling a special tour for the Commissions}!!' 365 P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 8 Historic Preservation Commission January 18, 2007 Staff said they would look into it, but the Commissioners could actually walk around the building themselves. He added staff has interior pictures which were done as part of the evaluation. Commissioner Wright suggested the Commissioners take it upon themselves to visit in the next several days in case staff came back to the Commission for a special meeting. That way they would not hold up the applicant. 51. Planning Manager Johnson suggested they contact staff to make arrangements with the applicant to have the Commission get a more in-depth look. 52. There being no further comments it was moved and seconded by Commissioners Wright and Sharp to continue the item. Unanimously approved: B. City -Wide Historic Resources Survey Update Applicant: City of La Quinta Consultants: CRM TECH (Bai "Tom" Tang) Location: City-wide 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Mr. Tom Tang, representing CRM Tech, gave an explanation of how the survey was completed and gave a little background on the previous survey. 3. Commissioner Sharp asked who set up the criteria. Mr. Tang directed him to Page 3 of the report which provided a list of the criteria for State and City historical significance. 4. Chairman Wilbur said the survey was completed and updated through the middle of 2006 and asked how many structures were involved. Mr. Tang replied 193. 5. Commissioner Sharp asked if these encompassed the previous survey. Mr. Tang replied the book they received today did not include any previously reported properties. 6. Commissioner Sharp asked if they just drove by or got out and looked at the structures. Mr. Tang explained exactly how the survey was conducted. He added how intense the survey was as well as the records search that was done. ljo_ 36& P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 9 Historic Preservation Commission January 18, 2007 7. Commissioner Sharp asked if the new owners knew they could not alter their homes. Mr. Tang said there was no legal mandate to prohibit most of the homeowners from making alterations. 8. Commissioner Sharp asked if the owners knew they had historic homes. Mr. Tang replied most of the owners probably did not. 9. Commissioner Wright said the most important thing is they have been documented, and complimented CRM on a report well done. 10. Mr. Tang said of the 183 they recorded not all of them are pristine, they have windows and roofs replaced. It was rather artificial where they drew the cut off line as to what was recorded, because of the alterations that had been done. In some alterations you could still see some of the elements of the original design and those were recorded. There were a few buildings that had been completely altered but because they were built in the prescribed timeframe they were included. 11. Commissioner Sharp asked where the book was filed and how could the public have access. Mr. Tang stated there were 3 copies filed at the City of La Quinta (Community Development Department), one copy at the Eastern Information Center at UC Riverside, and another copy at the SHPO office in Sacramento. He suggested one copy should go to the Historical Society. 12. Planning Manager Les Johnson said the report would go to the Council before it goes anywhere else. The report would also go to the Library. He added they would be working with the Building Department on any work done on these properties. 13. Chairman Wilbur said it appears that not a lot has been missed. 14. Commissioner Wright thanked staff for pushing this through and getting it done. It was nice to have it updated and completed. It is a great report. 15. Planning Manager Johnson commented on how intensive the research was on this report. 16. There being no further comments. It was moved and seconded by Commissioners Wright and Sharp to adopt Minute Motion 2007-001 accepting the results of the Historic Resources Survey as submitted. Unanimously approved. 0.8X J6 P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doC 10 Historic Preservation Commission January 18, 2007 VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: 1. Commissioner Sharp asked about the Point Happy Gates. Planning Manager Johnson said he did not have an answer as yet, but would find out by the next meeting. Commissioner Wright thought they might be stored at the back of the property. 2. Chairman Wilbur asked if Leslie Mouriquand had been recognized for her years of service to the Commission by the Council, or staff; either through a letter of appreciation, plaque or other form of recognition. Chairman Wright referred back to some of the recognition plaques and asked if we could do something for Leslie. He said it would be nice to make a presentation at the next meeting. 3. Commissioner Wright asked about the cap at the former La Quinta Arts Foundation site and asked if it was checked. Staff said it was located in the upper part of the Dune. Commissioner Wright commented on where the cap was located and said he just wanted to make sure the cap was monitored. Staff said they would require the appropriate monitoring be done. The new developer would have to maintain the same monitoring recommendations. Commissioner Wright just wanted to make sure the area was monitored properly. Staff said the new developer would be obligated to follow the same standards set forth previously. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright and Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on February 15, 2007. This meeting of the Historic Preservation Commission was adjourned at 4:17 p.m. Unanimously approved. Submitted by: &M ��kW Carolyn alker Secretary P:\CAROLYN\Hist Pres Com\HPC 1-18-07.doc 11 REPORT/INFORMATIONAL ITEM: ao� MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regularly Scheduled meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 2, 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, Frank Christopher, and Tracy Smith. C. Staff present: Planning Manager Les Johnson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Approval of the minutes was continued to May 23, 2007. V. BUSINESS ITEMS: A. Site Development Permit 2006-868; a request of REA La Quinta, LLC for consideration of architecture and landscaping plans for a 5,723 square foot freestanding building located on the north side of Highway 111, west of Jefferson Street, within Jefferson Plaza. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Tom Haberkorn, REA La Quinta, and Carlos Oliveras, KKK Architects, representatives who gave a presentation on the project. 2. Committee Member Christopher asked if the new hybrid of Chilean Mesquite would have the same problems that are currently being experienced by the original Mesquites. . a } 369 0 FILENAME \p G:\WPD0CS\ALRC\5-2-07.D0C Architecture and Landscaping Review Committee May 2, 2007 3. Committee Member Bobbitt stated he is still skeptical about the tree choice as it just isn't a good choice for a parking lot tree. They are rapid growing and are native to South America. The roots want to stay close to the surface and are more like a large bush. We trim them into a standard tree and the root system cannot withstand the winds in the Valley. Mr. Haberkorn asked for an alternative. Committee Member Bobbitt stated there are a number of trees their landscape architect can recommend. Mr. Oliveras stated they have already been told by their landscape architect they have alternative trees. 4. Committee Member Bobbitt asked about the perimeter landscaping in front of the Center in regard to whose responsibility it will be to maintain the frontage. Mr. Haberkorn stated it is the responsibility of Home Depot. Currently, each property owner maintains its' own parking lot and perimeter landscaping. He would prefer there be an association to maintain all the landscaping. Committee Member Bobbitt asked why a sidewalk was being requested on the west side. The applicant stated the ADA ramp was moved because of the steep slope. That is why the trash was moved to the west side of the building and eliminated the ramp and moved it to the front (south elevation). Discussion followed regarding uses and amount of parking that would be required. 5. Committee Member Bobbitt suggested they sod the area instead of stolens. 6. Committee Member Smith asked if there was existing grass at the east end and make sure it ties in with the existing. 7. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2007-010 recommending approval of Site Development Permit 2006-868, as recommended by staff and amended as follows: a. The Chilean mesquite tree shall be replaced. b. Sod to be used instead of stolens Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None 370 0 FILENAME \p GAWPD0CS\ALRC\5-2-07.D0Co 2 Architecture and Landscaping Review Committee May 2, 2007 VII. COMMITTEE MEMBER ITEMS: A. Staff informed the Committee that the July 4th regular meeting is a City Holiday and the Committee Meeting would need to be moved to July 5`h. VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Christopher to adjourn this Regular Meeting of the Architectural and Landscaping Review Committee to a Special Meeting to be held on May 23, 2007. This meeting was adjourned at 10:35 a.m. on May 2, 2007. Resp ctfully submitted, 6� B SAWYER Exe Ive Secretary 3 FILENAME \p G:\WPD0CS\ALRC\5-2-07.D000 371 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 23, 2007 10:00 a.m. IV V CGL•lIIIIIIIII[OZ011iw. A. This special 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, Frank Christopher, and Tracy Smith. C. Staff present: Planning Manager Les Johnson, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer. PUBLIC COMMENT: None. CONFIRMATION OF THE AGENDA: Confirmed CONSENT CALENDAR: A. It was moved and seconded by Committee Members Bobbitt/Christopher to approve the minutes of May 2, 2007 as submitted. Unanimously approved. BUSINESS ITEMS: A. Site Development Permit 2006-857; a request of Coachella Valley Housing Coalition for consideration of building and landscaping plans for the Dune Palms Neighborhood Community Center located at the northwest corner of Dune Palms Road and Avenue 48. 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 Martin Brunner, and Ron Gregory, of Ron Gregory Landscape Architects, who gave a presentation on the project. •-n-C 372 Architecture and Landscaping Review Committee May 23, 2007 2. Committee Member Christopher asked what materials would be used for the awning. Mr. Brunner stated there were two types of materials. 3. Committee Member Bobbitt asked about the Tipawana tree. Mr. Gregory stated they had no objection to changing the tree type. Committee Member Bobbitt suggested the trees be switched around. He also asked about the low -voltage lighting and whether the cables would be installed deep enough to keep them from being cut during maintenance. It is best to run them on the perimeter along the hard surfaces, in conduit, or at least 12 inches down. Another suggestion would be to run the control wires at the same time the trenches are being dug. 4. Committee Member Smith stated it would probably depend on how many are being installed. He would recommend that well lights be used to alleviate these problems. 5. Committee Member Bobbitt suggested that if they use the well lights that they have the formed concrete casing to protect them. 6. Committee Member Smith asked why the lawn area did not have shade trees. Mr. Martin stated the play area had not been defined yet. Committee Member Smith asked that the covered patio have commercial grade misters and four or five shade trees. Take the yellow oleander poisonous trees off the list. 7. There being no further questions, it was moved and seconded by Committee Members Christopher to adopt Minute Motion 2007-011 recommending approval of Site Development Permit 2006-857, as recommended by staff and amended as follows: a. Yellow oleander tree replaced. b. A misting system shall be added to the patio. C. A modified well light fixture be submitted for staff approval. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: -° 373 2 Architecture and Landscaping Review Committee May 23, 2007 A. Committee Member Christopher thanked everyone for the time he has served on this Committee as this may be his last meeting. He will be living in Wyoming four months of the year and is not certain he will be able to continue to serve based on his residency. Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Christopher to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on June 6, 2007. This meeting was adjourned at 10:26 a.m. on May 23, 2007. Respectfully submitted, A Y� Exec u ' e Secretary -• 374 9 Department Report: _ I —A a, i �' I+nua.fm NOFT TO: The Honorable Mayor and Members of the City Council FROM: Bret Plumlee, Assistant City Manager DATE: June 19, 2007 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the June 19, 2007 City Council meeting: 1. Ruben Bonilla, 78-540 Via Melodia, spoke regarding how he thought the flags in front of City Hall were being flown incorrectly. He also said the flag was not flown at half mast on Memorial Day. Council referred the matter to staff. Upon contacting the American Legion, it was confirmed the flags have been flying correctly at City Hall. 2. Victor Martinez, 53-760 Avenida Herrera, is concerned about the amount of crime in his neighborhood: burglaries, stalking, drugs, etc. He said the criminals are organized and are successful in their crimes. Council suggested Mr. Martinez meet with the Police Chief, who was attendance at the Council meeting, to discuss his neighborhood concerns. Mr. Martinez also had a second comment regarding the lack of upkeep of rental properties. Council indicated the Code Enforcement officers cite property homeowners properties if there are code violations. The City Manager was asked to contact Mr. Martinez regarding rental agreement procedures. 3. Lori Baumstock, 80-065 Vista Grande, thanked Council for approving the gate between the homes on Vista Grande and the apartments in Indio. She asked if there is an estimated date of when the gate will be installed, as the residents are still having many problems with the tenants. Staff reported the design has been completed, the project is going to bid; the gate will be installed in the next 30 to 45 days. The gate will only have access for emergency vehicles. '-"" " 3 7v DEPARTMENT REPORT: 3 ^ A br . CITY COUNCIUS w " UPCOMING EVENTS • JUNE 19 JUNE 21 JULY 3 JULY 17 AUGUST 7 AUGUST 21 SEPTEMBER 4 SEPTEMBER 18 CITY COUNCIL MEETING SPECIAL CITY COUNCIL BUDGET MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING r1►isliTrmi_ ► �, CITY COUNCIL MEETING - AmYBE c4NcEuED CITY COUNCIL MEETING 376 LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2007 Sunday... Thursday <: Y•y d1E3 �i i3„yi.,1m. <`ei. �/ 2 / ., .. ; e MayJulyJ67 ;r, ,c -1 M T W l,g s511;k. S M T W T F S g i,!,',,'vnml 1'�, 1 2 3 4 5 7"",;'�y"`j 1 2 3 4 6 7 8 9 10 11 12 8 9 10 11 113 14 15 16 17 18 19 '?�'" 15 16 17 18 1:''J@,"'t kyw20 21 22 23 24 25 26 ��' 22 23 24 25 2 x§„ ", dr 27 28 29 30 31 k'' ,IY 29 30 31 Y�SY1l ..Sp' fYi..f 3 4 5 6 7 8 9 6:00 PM CVAG Exec. 3:00 PM City Council 10:00 AM ALRC Come - 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 Energyl 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6:00 PM League Mw Henderson Flag Day 17 18 19 20 21 22 23 A 2:00 PM Special City 10:30 AM Homelessness 3:00 PM Historic Preser- Council Meeting Code. vation Commission Father's Day 4:00 PM City Council 12:00 PM HumanlComn 6:00 PM Special City Meeting Osborne Council"Budget" Meeting 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 Cormmmssion Henderson 4:00 PM CVAG Exec Come, 6:00 PM CVAG General Assembly Printed by Calendar Creator Plus on 6/15/2007 r 3 T7 LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2007 Sunday...y Tuesday Wednesday.. .. y Saturday 1 2 3 4 5 6 7 3:00 PM City Council 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSB Meeting it Ntl. Mnmt-Henderson Independence Day (City Hall Closedl 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM HCTC- 9:30 AM Animal Campus- 12:00 PM Transp-Kirk Commission Henderson Henderson 3:00 PM Mtn&. 4:30 PM Investment 11:00 AM CVCC Sniff Consversoncy-Kirk Advisory Board 12:00 PM Energyl 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 Code. vation Commission 12:00 PM HumanlComm Osborne 22 23 24 25 26 27 28 10:30 AM BCTC Budget 7:00 PM Planning 4:00 PM J.Cochran Beg. 9:00 AM LAFCO- Henderson Commission Airp-Osborne Henderson League of CA. Cities Mayor and Council Members Executive Forum in Monterey 29 30 31 •''r"'''`( :`.r �... 6:00 PM Exec Crone. <June ; „ August Adolph ,,Y,,,,, S M T W T F S (`as:,•,., S M T W T F S 3 4 5 6 7 8 9's,'`�e' 5 6 7 8 9 10 11 10 11 12 13 14 15 16 ,; 12 13 14 15 16 17 18 .9 17 18 19 20 21 22 23 19 19 20 21 22 23 24 25 ` 24 25 26 27 28 29 30 26 27 28 29 30 31 ..,` ^rar.;, S.:. ;5.1 ;'E ;• a1f e�i.�}'fh;z£}.ik ,„ ''. s^ 1';, "S "i'$:.� . <I.:'I: �i:'N% DIY%•I §i`I'sffi' vA's"eY1f 8ir'}i:, y£i Sy'r'{{.. '��; '� {� 's'.i^'.3;"Yss �' Printed by Calendar Creator Plus on 6/15/2007 "" 37C LA QUINTA CITY COUNCIL MONTHLY CALENDAR August 2007 Monday.. : •,.;,,5 , •' ;S+ • � <F � �•t% .F 2 3 4 T1r M4 5+, tti T+July September T F S "; 10:00 AM ALRC 12:00 PM SunLine Transit -Adolph 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 2 3 4 5 6 7 8 9 15 16 17 18 19 20 21 10 11 12 13 14 15 16 17 16 19 20 21 22 22 23 24 25 26 27 28 23 24 25 26 27 28 29 29 30 31 30 'S< 5 6 7 8 9 10 11 3:00 PM City Council 9:00 AM RCTC- 11:00 AM CVCC Sniff Meeting Henderson 12:00 PM Energy) 4:30 PM Investment Envuon. Sniff Advisory Board 12 13 14 15 16 17 18 19:00 AM Pub. Sfty-Kirk 7:00 PM Planning 10:30 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA-Henderson 12:00 PM Transp Kirk Commission Corte. vation Commission 5:30 PM Community 12:00 PM HumanlComm Services Commission Osborne 6:00 PM League. Henderson 19 20 21 22 23 24 25 3:00 PM City Council 9:00 AM LAFCO Meeting CANCELLED Henderson 26 27 28 29 30 31 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 6:00 PM Exec Come: Adolph "i�"s'.•E+i Y .tl Y 0 ite Printed by Calendar Creator Plus on 6/15/2007 .�f DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety_7�d - DATE: June 19, 2007 RE: Department Report — May 2007 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of May. 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 May: • Year-to-date building permit valuation is $84,510,098 which represents an issuance of 1609 building permits; ■ Animal Control handled 1 167 cases through May; ■ Code Compliance initiated 1045 cases through May; ■ Garage sale permits generated $1560 in revenue during May. P.O. Box 1504 • LA QUINIA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO • LA QUINIA, CALIFORNIA 922��3R l' . (760) 777-7000 -FAX (760) 777-7101 38� QJ O QHQ wm O.7 H w r�1 w O H H HT' 1 Haa�m 1 MOQHenOOb@O W bNHmOQen 0enN00 b m ONb0 . 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E.I I E O I W W G a w U QSC wawa pap�a wa'A Sq 1(y1 °m tFnNH 0P4 ,Q dptr.)twit twi C4 W QUTAUW W Q W HOOPI F auuugw �°o aaaaaa �a mmmmtllWF ._•�� 38� u ++ N_ Y � C ul a� J E oa Z0 C vs m N O N .y N N w w m V N Q ` G O O n .y W tp R tD M N O� C O N M 0] Oi O� (7 r� A A n Clm j o Oct o N N N N �O N M V N N M M V M N 10 p N M N M N N N w 0 ry a 7 V o V V M F M 1+m1 lNll lll 1a+1 N 9 Y h d N d N a, N N rl V I� 7 O �D M O� tD Gp N N O1 Q n O` W � n� C O W O W Y N A W O I� O h M O N N ut ui n p N O O O O W O ,N 0 O N N N N N 1� N Oi W w N I� N N L .i OND O O] O W W M 7 MNi N N O n O R h R n N h M �O n N �p 0 pp N v V' .� O 0M W .� 0 N N ry F 7 M V M N a{ N N M M M N N Q Y 9 d N d N a� w M m Ln M Obi I0) N IIIIT1 ^ ao at _ O iH„ N N M N C Y ry N a m rn ti p O It 9 00 0 > n o m o w N M a o N p N M N M M N mo F 'i d 6 N d N a � LL H N N N N N N 7 co N Vt ti C C n a a p S u_ T T O d n no W > W~ u o z w o ._•_,382 Q 0 p� NOm p� ONN 0)0N OD M00N N p MODN r' SON O t0 N N N,NOtn O> N N l`p') A } N p O O O O O O O Z O C p O 111 lolc* N N O N O O O O M N N N t 0 O 0 0 0 co OOD N O N- N N O N N �0 0 N N M M M NN O N a0 M O O O M n M M O dc> n N ¢ NOO NOS ONO u0'! V N O �1��000OM V M�� O�tr, N z N � O W V O O �t0 oMco O O f0�000� O O c0 m M 7 7� a NYa ~ N LL �O NCO � C (0 M 7 O t0 I� O d' O O V M V O M O N m M N ONi W N 0 C N Wca y d H ^ d G Z n w m y 2 C o C N Y O O 0 m O m c a0 0 CoC c m v U c c c I c w2 v,Em U a C E ¢` j Q HHEZNO Y ¢ Jmy ~0 E Ew° (D o i OIDm c i ` L C Na)C 0 �¢00� ¢�O y ¢08 i ¢OO Z m< :5 -4 0 0Z¢=iO O U O 10- 1�- F' F' ._8_0 3 s 3 4 p M M O a) N N V N VO P09 10 N f0 MW N V 7 f-- r tD N N M M N O� f`9 V N N A } U N O O p O O z U O O ° N y O O Q � O O 00 C f0 V n W V n O N N 1� O to cc n 0 r n M M tp I� M N t` O V tq to N N M N 00 O O O r O Q N� N N N m N IT h N V M O tD N M N V tO th N V M N m O Im ' m ITN O N O r 01 N N co M CO A M N W O M O N N LL N N f0 O O V O I� m O co V N O S O r IN k C m e M z z U O wa a y o H y g �z g z Z� c o w ° a w ��0t--w W m z wa F a > w WeCD w v p 'o W -o Q o ap o r C 0 U 'oJW?WZ H Q :% F :: m :: U d O O J 4; Q a a Q w?! d U v m Q'o d Q'o4) 'o a) .N. to U) dyJU U wQ m U to w a c 'c d a m a N a E W J� O E O �3 d w y w O m w J pp°Q� CD 2 Qz Q oy E O p � .� E o O p U p 0 co o O HHU O mo z p p W y J fA D. yU NyU W UU =yU J(nU NyU� Z2y° W 'm m Os=fa zz 3 > .�•..� 384 �` . - ICONSTRUQI©N, INC s pl""MKI �3N R.+;W[MR4, • O'1rl r e l 0 • {'i'Rn UiV UW.i o�svo Glendora Beverly Hills San Clemente LaQuinra Las Vegas n,- Monthly Executive Status Report City of La Quinta City Hall Expansion Presented To the City of La Quinta: June 4, 2007 For the Month of May, 2007 Past Month's Highlights/Key Activities - May, 2007 • Approval of City Council for Millwork -Selected low bid sub -contractor • Continue rough in: electrical, plumbing and HVAC in WA #1 & WA #2 • Completed the backfill in WA #6 • Commence over -ex and footings for WA #4 • Approved design work for Fire Alarm System (Simplex) • Approved blocking and pedestals for CMAS roof system installation • Tested soils in the existing and future south parking lot area Schedule Performance Project to Date: On time • 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 has stated this is not their scope. Item resolved • Original 365 day turnover date: November 23, 2007 (Based on 3 week NTP allowance) Current completion date: December 21, 2007 Budget Performance Project to Date: Under Budget Total Awarded Contract Amount 8,700,000 Contingency 1,500,000 Total Available Budget Contract Award plus Contingency) 10,200,000 Change Orders To Date 27 801,419 Contingency Used To Date 801,419 Current Cost Commitments (original bid + change orders 9,501,419 Un-committed Available Budget Remaining 698,581 Current Commitments as Percent of Total Available Budget 93.170 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 (June 2007) • Rough wall framing in WA #4 & WA #5 • Rough in: electrical, plumbing and HVAC in WA #4 • Complete fire sprinkler rough in/close ceilings/install door frames and hardware- WA # 1 • Complete fire sprinkler rough in/close ceilings/install door frames and hardware - WA #2 • Install roofing - WA #1 & #2 •-0_,. 38` (ONSTRUCTION, INC. s 06 ",iR0;79fu1'dYfLPAEN'6FIr I.+ ]- 'iF"RM rI"VAvJtli sP�o E9%� Glendora BeveriyHills 5anClemente LaOuinta Las Vegas Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented to the City of La Quinta: June 4, 2007 For the Month of May, 2007 Past Month's Highlights/Key Activities (May, 2007) I No negative community -related problems/issues reported • Sewer system approved by CVWD • Water system tie-in to water main in Miles Avenue complete • Water system completed on May 29, 2007 • All concrete slabs through Cluster 12 complete (all 80 units) • Framing for Units 150 thru 171 complete, Units 141 thru 151 95% complete, Units 119 thru 137 85% complete, Units 101 thru 113 75% complete • Underground electrical completed for all units • Underground plumbing complete for all units • Rough plumbing complete for Units 148 thrul80 • Rough electrical in progress for Units 174 thru 180 • Roof installation in progress for Units 178 thru 180 • Window install complete for Units 59 thru 180 • Lath in progress for Units 177 and 178 • 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 • Targeted occupancy timeframe: Spring, 2008 Budget Performance Project to Date Total Awarded Contract Amount 21,400,000 Contingency 2,500,000 Total Available Budget Contract Award plus Contingency) 23,900,000 Change Orders To Date 4 : -239,243 Contingency Used To Date: credit -239,243 Current Cost Commitments(original bid + change orders 21,160,757 Un-committed Available Budget Remaining 2,739,243 Current Commitments as Percent of Total Available Budget 88.5% 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 (June, 2007) • Water system testing and chlorination to be complete by June 15, 2007 • Dry utilities construction to start by June 15, 2007 • Continue to value engineer the building construction components and make modifications to achieve LEED certification and Fair Housing Act approval a • Construction on Common Building to start by June 20 38� (ONSTRUCfION, INC. I A6 T? lri 9 + "XiACIUMN, • lit'I ' 0 X 9 • ?d' RPoll l r(Ca 1 0 0Glendora Beverly Hills 5anClemente LaQuinta Las Vegas Monthly Executive Status Report City of La Quinta Museum Expansion Presented To The City of La Quinta: June 4, 2007 For the Month of May, 2007 Past Month's Highlights/Key Activities (Magi, 2007) • Existing museum personnel and artifacts have been relocated • Project team pre -construction meeting • Submitted all plans to utility companies I Schedule Performance Project to Date J Preliminary Schedule (approx. dates) calls for: • Notice to proceed - anticipated to be 6/15/07 • Construction completion - 3/ 15/08 • Closeout - 4/ 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 on final bid + change orders N/A Un-committed Available Budget Remaining N/A Current Commitments as Percent of Total Available Budget N/A Safety Performance Project To Date N/A upcoming Month's Priorities/Key Activities (June, 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: s r �Y Cr � OAS N OF TF� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, AAssjgtant City Manager/Interim Planning Director DATE: June 19, 2007 I+yryU-" SUBJECT: Department Report for the Month of May 2007 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of May. P:\Monthly Report Folder\MAY 2007.doc 38£ 1 H z w a w O H Z w a O J W W p r H Z D O U p W O E' a o a m i OC a U Un E to w p w Y c°> a a Q W C N a a a a a a a a a o a a a o a a a o a�a�a�ma�a�000�_a�a�.a�;_a�oa�U x•„E U ii Y_ Y_ i+ Y i+ i+ # � N Y Y 4+ i� � i•+ O E E E E E E E E E a E E E a E E E w z a a a a a a a a a a 7 m a a 7 a a a Z a c a 7 7 7 7 7 7 7 7 7 N 7 7 7 N 7 7 7 J_ N N N N N N N N N� N N N � N N N CO M O O O O N O M N O- N,, 0 0, m O 11 W z a z 0 J N Q U � W N a Un o Z C y ++ N , C (0 N .� E C a� E y N d �, a (1 a r+ W N N C it N O CL rn N °' = a E a Q E E m C u, ,. a= N C 20 YN N L at=N U 7 C> > C OaN N @ � L U L •Ea N . o Q CL L Q 0U rn °° CM a� c>>c ' c 0 c > an>o O YUU(-i U LD aan) >NN 389' N i F- > 0 0 U NO Q } Z Q 0 c U) 0 c F to 20 00 U N 0 _Z } Z J Z D J a M �Lo y F N F- Z aai 0 a F- c a E Fr Q U N 0 W + 0 a a a a a a a m m m a a p a) (D N N �Y,,_ o a) ; a) m o m 0 W Y ++ Y Y Y Y Y Y C C Y _ C Y Y Y Y Y Y LL ` > E E E E- E a E E E OOC O y y y d CL y y y y �0) y y y y aQ a �M(oNII r-II L� a W (n F_ H Z D O J O QU. W Z cc a p d y Y Y y Y C N U) O E E W OC J L) Wa E d a7 a a LL Q a s 0)� m_ O U 0 tT E „ C E aci E cc cc CCm d y Q Q a7 E Y U 41 Q LU m W C G y m N Y O C > O `p_ U p_ c m Y O m c a i U L :1- U U c W m a cr Ln C a � C 'L m C7 Y O O E 'a y a y m N O a a m m c y m � O C O L a j (D U W O O C O 0 m v O rn m aa) m `m O O Q U to O 0 0 > j N Q� U) y Yk m DEPARTMENT REPORT: S-A 04 y OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant City Manager -Development Services/ Interim Community Development A or DATE: June 19, 2007 SUBJECT: Report of City Council Subcommittee and Update on the Sphere of Influence City Council Subcommittee Since the last report of May 15, 2007, the Subcommittee met on June 12. Meeting topics focused on fiscal modeling update, citizen group interests, City vs. County street standards in Vista Santa Rosa (VSR), fiscal analysis for The Enclave, Memorandum of Understanding with Riverside County, as well as information regarding the County General Plan amendment process for the VSR and South Valley Implementation Program areas. Citizen Group Interest A La Quinta citizen group was recently formed with the intent to objectively review the City's consideration of the VSR Sphere of Influence. City staff recently met with the citizens group and discussed fiscal modeling of the SOL Request for Thermal RDA Information City staff previously requested multiple information items from Riverside County relevant to the delegation of RDA funds. To date, this information has yet to be received. Additionally, City staff received a request for similar information from a resident of VSR. A second request for the information is being prepared. Street Standards City staff recently met with Riverside County Transportation and Planning staff and discussed the differing street standards between the two jurisdictions. The meeting was held as a result of the comments made by City staff at the County Planning Commission regarding a tract map at Avenue 60 and Van Buren. The County Planning Commission continued the tract map hearing to allow the City and ._�. 391 County staff members to discuss the street standards. During the staff meeting it was agreed that County Planning staff would recommend to the. County Planning Commission that City street standards should be included in the map conditions as an option should the property be annexed prior to infrastructure being installed. City and County staff also discussed the County standard for rolled curbs around median islands. City staff expressed serious safety concerns with this design and will be providing written correspondence accordingly. If the County approves rolled curbs for Madison Street, there could be a significant conflict with existing medians and safety issues. The Enclave City staff has met with Mr. Noya, developer for The Enclave, and discussed the variables being used for the fiscal modeling. Mr. Noya and his team have reviewed the information and will be meeting with staff next week. MOU County Administrative staff recently informed the City that La Quinta is the only City still interested in establishing an MOU. County staff also stated the County has decided that it does not want to proceed with any MOUs. _ VSR and South Valley Implementation Program — County General Plan Update County Planning Director Ron Goldman reported at the May 16 County Planning Commission meeting that the VSR. Land Use Concept Map and the South Valley Land Use Plans are going to be addressed as a combined item for the upcoming County General Plan Update. This effort will include an EIR for the combined area and an advisory group will be formed at a later date. County Planning Director Goldman also stated that all unentitled projects can continue to be processed, but will not be approved until the General Plan update process is complete. This is expected to occur around June, 2009. *_b_0 392 _ DEPARTMENT REPORT: {o OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directorrlo\ DATE: June 19, 2007 SUBJECT: Community Services Department Report for May 2007 UPCOMING EVENTS OF FOR THE MONTH OF JULY 2007: July 2 Tae Kwon Do, La Quinta High School July 3 Adobe Photoshop Elements 2 Advanced Course, Senior Center July 5 *Tai Chi Chuan July 5 *Patriot's Luncheon July 5 *Microsoft Excel (4 classes) July 5 *Introduction to the Internet July 5 *Introduction to the Computer July 5 Adobe Photoshop Elements 2 Introductory Course, Senior Center July 6 *Yoga for Health July 6 *Mindfulness Meditation July 7 Summer Golf Tour - Cimarron Golf Resort, Long Course July 9 Personal Touch Small Group Personal Fitness Training, Senior Center July 9 Baby Signs Parent Workshop, Senior Center July 9 *Jazzercise July 9 *Mat Pilates July 9 *Ageless Action Aerobics (Exercise Class) July 10 *Digital Photography July 10 *Introduction to E-Mail July 11 *Come Laugh ... The Summer Away... In a Cool Place July 12 *Social Ballroom Dance & American Latin July 12 *Photo Editing 1 July 12 *Introduction to Word Processing July 12 Nature Depot, Senior Center July 13 *Sizzlin' Summer Serenade Evening Dance July 13 Pageant of the Masters Excursion July 14 Open Air Cinema Event, Civic Center Campus July 14 Summer Golf Tour — Trilogy Golf Course at La Quinta July 17 *Learn to Make Jewelry July 17 *Word Processing Level 2 July 17 *Photo Editing 2 July 17 Rock N' Roll Blues Guitar, Senior Center -p-� . 398 July 17 Intermediate Guitar, Senior Center July 17 Walk with the Ancients, Senior Center July 21 Summer Golf Tour - SilverRock Resort July 21 Beach Train to San Clemente Excursion July 24 *Photo Editing 3 July 26 *Mature Driver Training July 26 *List & Labels July 28 Open Air Cinema Event, Civic Center Campus July 28 Summer Golf Tour - Indian Springs Golf Course July 31 *Introduction to the Computer *Daytime Senior Center class or activity .-p_G 394 Community Services Department Attendance Report for the Month of May 2007 Summary Sheet Program 2007 2006 Variance Sessions Per Month 2007 2006 Leisure Classes 78 77 1 47 40 Special Events 50 47 3 1 1 Adult Sports 546 505 41 45 18 Senior Center 1147 1128 19 88 97 Total 1,821 1,767 64 181 156 Senior Services Senior Center 289 347 -58 21 18 Total 289 347 -58 21 18 Sports User Groups La Quinta Park Use AYSO 100 120 -20 26 18 F C La Quinta 15 0 15 4 0 LQ Sports & Youth 50 100 -50 6 14 Sports Complex LQ Sports & Youth 900 1200 -300 261 20 Facility/Park Rentals Library Multi-Purpose Room 1200 1400 -200 10 8 Classroom 600 200 4001 12 4 (Church) 300 0 300 4 0 Senior Center (Private Party) 500 300 200 4 2 (Church) 300 240 60 4 4 Civic Center (Private Party) 150 50 100 2 1 Park Rentals La Quints Park 250 350 -100 5 7 Fritz Burns Park 100 0 100 2 0 Total 4,465 3,960 505 105 78 Total Programs 1 6,5751 6,064 511 3071 252 Vnlunteer Hours Senior Center 2961 303 -7 Total Volunteer Hours 1 296 303 7 3 g v Community Services Program Report for May 2007 2007 2006 2007 2006 Participants Participants Variance Meetings Meetings Leisure Classes Kickboxing Boot Camp 5 15 -10 7 4 Beginning Bellydance 6 12 -6 3 4 Intermediate Bellydance 5 7 72 4 5 Microsoft Excel 15 0 15 8 0 Intermediate Computers 9 0 9 2 0 Beginning Ballet 7 10 -3 5 3 Dance, Play & Pretend 26 15 11 8 3 Tee Kwon Do 5 0 5 10 0 Totals 78 59 19 47 19 grim 21711716 2007 2006 Participants Participants I Variance I Meetings Meetings Special Events L Q Museum Groundbreaking 50 01 501 1 0 Totals 50 01 501 1 0 2007 grins 2007 2006 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 273 505 -232 20 18 Fitness Center 113 0 113 22 0 Adult Soccer League 160 0 160 3 0 Totals 546 505 41 45 18 Recreation Totals 6741 564 110 93 137 .-aar 39C Monthly Revenue Report for May 2007 nnnnfhhv Revamp - Parility Rentals 2007 2006 Variance ...........� .._ ._..__ __... _• .__-___. Library $ 7,537.50 1 $ 4,865.00 1 $ 2,612.50 Senior Center $ 3,385.00 $ 2,512.50 1 $ 872.50 Parks $ 1,010.00 $ 550.00 $ 460.00 Sports Fields $ 245.00 $ 152.50 1 $ 92.50 Monthly Facility Revenue $ 22,177.50 $ 8,080.00 1 $ 4,097.50 Month! .v Revenue Senior Center $ 4,083.50 $ 3,960.00 $ 123.50 Community Services $ 3,670.00 $ 2,269.00 $ 1,401 00 La Quinta Resident Cards* $ 2,160.00 $ 5,010.00 $ (2,850.00) Fitness Cards $ 130.00 $ - $ 130.00 Total Revenue $ 10,043.50 $ 11,239.00 $ (1,195.50) Revenue Vaar to data Facility Revenue $ 92,894.50 $ 48,891.50 $ 44,003.00 Senior Center $ 82,757.37 $ 98,868.59 $ (16,111.22) Community Services $ 46,980.00 $ 61,817.00 La Quinta Resident Cards $ 35,130.00 $ 52,170.00 $ (17,040.00) Fitness Cards $ 2,775.00 $ - $ 2,775.00 Total Revenue to Date $ 260,536.87 $ 261,747.09 $ (1,210.22) * 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. � e i Senior Center Attendance Senior Center Program Report for May 2007 Partiapation Participation Variance Meetings Meetings 2007 2006 z007 z00s Senior Activities ACBL Bridge 376 302 74 5 5 Bridge, Duplicate/Social/Party 262 309 -47 12 16 Evening Dance (May Pole) 43 0 43 1 0 Ladies Afternoon Tea 26 0 26 1 0 Monthly Birthday Party 35 16 19 1 1 Monthly Luncheon 86 69 17 1 1 Movie Time 47 46 1 5 4 Senior Activity Total 875 742 133 26 27 Senior Leisure Classes Ballroom Dance 41 16 25 5 4 Computer Classes 10 5 5 4 2 Exercise 34 46 -12 12 13 Golden Tones 45 67 -22 4 5 Hooked on Loops 5 0 5 2 0 Italian 8 0 8 4 0 Mat Pilates 10 11 -1 8 4 Quilting 48 33 15 5 3 Sketch & Draw 14 13 1 3 4 Tat Chi / Tai Chi Arthritis 10 37 -27 4 4 Ukulele Players 22 0 22 4 0 Watercolor 12 16 -4 3 4 Woodcarvers 13 19 -6 4 4 Senior Leisure Classes Total 272 263 9 62 47 TOTAL SENIOR PROGRAMS 1147 1005 142 88 74 Senior Services Eisenhower Med Center- Nutritional Counselfir 4 0 4 1 0 FIND Food Distribution 175 179 -4 5 4 Financial Advisement 1 0 1 1 0 Hearing Consultation 5 3 2 1 1 HICAP 2 7 -5 1 2 1 1 D. Energy Assistance/No fee 61 86 -251 8 6 Legal Consultation 5 6 -1 1 1 LIHEAP & EAP 6 7 -1 1 1 Seminars - May 6 0 6 21 0 Volunteers 24 29 -5 n/a n/a TOTAL SENIOR SERVICES 289 317 -28 21 15 SENIOR CENTER TOTAL 1436 1322 114 109 81 39E 2007 2006 Variance Volunteer Hours Senior Center 296 303 -7 Volunteer Total: 296 303 -7 Revenue Se mr Center Revenue $4,083.50 $3,960.00 $123.50 Revenue Total: $4,083.50 $3,960.00 $123 50 May-07 Parks Items of Interest For May 2007 The Citizens on Patrol program was contacted to increase their presence at the Fritz Burns Park and La Quinta Park. With their help, the Citizens on Patrol will provide an added security for users of the facilities as well as providing information to staff regarding possible maintenance needs. Replacement basketball hoops were installed at La Quinta Park this month. Staff met with a sports field maintenance consultant this month. PRZ Consulting is an international company that specializes in evaluating existing athletic fields, teaching athletic field maintenance seminars, and designing fields from a maintenance point of view. Their services are currently being used as a sub -contractor for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan project. Staff is expanding PRZ's service to also include the La Quinta Park. The analysis report for La Quinta Park will include the current conditions, the annual usage, and recommendations based on levels of service. A meeting was held with the Stewards of the Fred Wolff Bear Creek Nature Preserve. Staff is currently working with the Stewards to develop signs and fencing around the Nature Preserve. The group has become concerned about recent attacks along the Bear Creek Trail and is recommending the bank of the abandoned storm channel to be removed. By removing the bank, visual surveillance of the trail will be improved from Avenida Montezuma. Staff has received a cost proposal for the removal of the berm at the Fred Wolff Bear Creek Nature Preserve. The removal of the berm will improve visual surveillance of the Nature Preserve as well as the Bear Creek Trail. Staff has been working with the La Quinta Police Department to evaluate the site using the guidelines of Crime Prevention Through Environmental Design (CPTED).The contractor will be able to begin the project next week. This work has been identified as an emergency and is one of the components of the Fred Wolff Bear Creek Nature Preserve Master Plan that City Council approved on March 6, 2007. Fritz Burns Park was heavily vandalized twice this month. We were unable to find any footage from the surveillance video. The damage included spray painting around the tennis courts, on the vertical screens. Staff is evaluating if the screens can be repaired, replaced, or should be removed. Spray paint vandalism on the tennis screens has been a continual issue at the Park. The painting contractor has completed the resurfacing of the decking around the pool at Fritz Burns Park. The work included removing the old surfacing (down to the concrete), applying the new surface, and coloring the surface with a heat reflecting paint which will keep the surface up to 20 degrees cooler than regular surface paint. An attempt was made to dismantle the water feature at La Quinta Park. The responsible individual(s) were not able to complete the dismantling and left the bolts and lose pieces at the site. The pool contractor and Buildings and Safety Facilities Maintenance Technician were able to reassemble the water feature. Dog leash signs are now posted at the entry points to the Civic Center Campus. Code Enforcement personnel will be monitoring the park more closely due to the increasing number of people who are using the park and allowing their dogs to run off -leash. DEPARTMENT REPORT: 9 c&t!t 4 4 Q" MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: June 19, 2007 SUBJECT: Public Works Department Report for May 2007 Attached please find the following: 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. Ti othy R. 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C m �MN CE�a oamo .V w L 0w°w U�m �a Om0-0 ZOOo N tecn N °o aYc'ClUc Ec rnN °(0N-0 )° 7 = ccac y01EaO0O)U N 0)0U °a° 07N ai aiU�o cai o m m O OOOUOQoi 00 Il O O Il N � O O M O O OO O O _ M0)CD � O O O p (O (O t0 LO O O O 0 O OO O oWO c00 C6 a �N (O M 0C w � 0 t c O Q l0 J Fl0 c0 o 02 c c a E y m m �ca -0 �Ny�Q E O °) OU >>r 0Lm E>O to m c ao oa o>ao A� �E � �a 1 cmC0CNN0 �J'!:�IO�+NNON7yN�p—+ d 0O�'LSOOO•0FdQ3rnT�OHYCOr7- o � ) 0 M d a tlN-Qo(NfO000m0�FYO�CN000Y�NQ0 •�ofOoNOOM0m0(�-QZM°1d0DU°NN0NaU`3CI g�}°❑��rry°NC37 pIt ' -OMypVCO 1 a•p�yyw.",YyNCNy�N`. ��❑O!ccdcGO�a+_yc�N';• � M + (OONOO�NY00mOnrnmNNod❑�NCNCIC �—C.'N�Yp`3UiN_N�U@CC7N MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: May, 2007 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 4 Men 5 Men 2 Men 1 Man Total 1000 Policing/Inspection 51 83 0 15 149 1001 Pot Hole -Repair/Patching 10 12 0 1 23 1002 Crack/Joint-Repair 5 0 0 3 8 1003 Pavement Marking/Legends 3 0 0 0 3 1004 Pavement Marking/Striping 0 01 0 1 1 1005 Curb Painting 0 0 0 01 0 1006 Other Traffic Controls 20 33 0 0 53 1007 Curb & Gutter Repair/Const. 0 12 0 0 12 1008 Other Concrete Repairs/Const. 0 16 0 0 16 1009 Street Sign Install (New) 10 1 0 0 11 1010 Street Sign Repair/Maint 80 42 0 2 124 1011 Debris Removal 12 36 0 8 56 1012 Right of Way Maint. 0 36 55 01 91 1021 CLEAN Catch Basin Inlet/Outlet 22 108 0 1 131 1022 Rondo Channel Outlet/Vault 2 0 0 0 2 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 81 0 2 83 1024 Gutter/Median Sand Removal 0 2 0 0 2 1025 Street Sweeping (Machine) 184 6 0 0 190 1026 Street Sweeping (Hand) 0 0 0 01 0 1027 Sidewalk/Bike Path Cleaning 5 51 13 0 69 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 4 10 84 0 98 1041 1 Irrig/ Weeding, Shrubs & Tree Trimming 17 67 96 8 188 1051 Landscape/Irrigation Contract Managerner 01 0 73 23 96 1052 Lighting/Electrical Contract Management 0 0 0 21 21 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 0 0 0 0 1063 Vehicle Repair Maint. 22 35 0 2 59 1081 Trash/Litter/Recycable Removal 0 141 4 0 18 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 127 137 30 17 311 1084 Maint. Yard Building Maint. 11 28 0 1 40 1085 Seminars/Training 16 29 8 3 56 1086 Special Events 0 0 0 1 1 1087 Citizen Complaints/Requests 89 0 0 0 89 1088 Meeting 16 29 11 31 87 1089 Office (Phone, paperwork, reports, Misc.) 1 141 301 10 50 104 SUBTOTAL 1 7201 8981 384 190 2192 1091 Over Time 19 21 25 0 65 1094 Jury Duty( 0 0 0 0 1095 Sick Leave 0 14 0 0 14 1096 Vacation 8 0 0 2 10 1097 Holiday 32 40 16 8 96 1098 Floating Holiday 16 0 0 0 16 1099 Worker Comp/ Bereavement 24 01 01 01 24 SUBTOTAL 991 751 411 101 1 TOTAL HOURS 819 973 425 200 2 TOTAL MILES 4100 3624 1733 450 .099 40S, Department Report: / LA U I TA - P@LICL Served by the Riverside Courny Sheriffs Depar nerd Police Department Monthly Report May -- 2007 Prepared for La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Colleen Walker Chief of Police (Number in parenthesis denotes number of calls for service that day.) 05101 Tuesday (74) 1212 hours — SET Team Deputies responded to Kohl's Department Store regarding two shoplifters. Miguel Hernandez and a female juvenile were arrested for shoplifting. 1752 hours- Cpl. Hughes arrested Emestina Lynn Lopez -Ramirez for commercial burglary at the Target Department Store. Ramirez had her children with her at the time and they were taken into custody by CPS. 2122 hours- Dep. Knight responded to a report of an assault with a deadly weapon in the 53100 block of Ave. Diaz. Glenn Bateman said his youngest stepson, age 14, had tried to stab his older brother with a kitchen knife. When Dep. Knight contacted the 14 year old, he did not comply with orders, physically resisted and had to be restrained. The suspect received minor injuries. The juvenile was arrested for assault with a deadly weapon and resisting arrest. He was taken to JFK Memorial Hospital for an okay to book and booked at the Indio Juvenile Hall. 2150 hours- Dep. Abrego and Cpl. Northrup arrested Hector Aquino for driving under the influence following a traffic stop at Hwy. 111 and Simon Dr. 2316 hours- Dep. Bloomquist investigated a report of spousal abuse in the 52100 block of Ave. Carranza. Investigation revealed that Jamin Williams, a parolee from, had assaulted his girlfriend. Williams fled after the assault and was not located. The victim received medical treatment at JFK Memorial Hospital. 05/02 Wednesday (71) 1455 hours — SET Team Deputies conducted a probation check in the 46400 block of Dune Palms. Eduardo Tanabe was arrested for transportation of methamphetamine, possession of methamphetamine for sales, violation of probation, committing a felony while out on bail and child endangering. A bail increase of $500,000 was obtained. 1506 hours — Deputies Reynolds and Donowho responded to a report of an abandoned vehicle in the roadway at Eisenhower X Avenue 50. While deputies were waiting for a tow truck to arrive, Efrain Viramontes returned to his vehicle. Viramontes was found to be in possession of illegal drugs and subsequently arrested and booked into the Indio Jail. 1600 Hours — Traffic Deputy Gaunt began a follow-up investigation of a felony DUI traffic collision that occurred on 02/05/2006 at Fred Waring Drive and Washington Street. During that collision, the driver and passenger of the victim vehicle were severely injured and transported to an area hospital. Deputy Gaunt completed his investigation and obtained a felony arrest warrant for Travis Tarnow. Tarnow was arrested and booked at the Indio Jail for causing an injury motor vehicle collision while intoxicated by alcohol. 1845 hours — Dep. J. Covington conducted a vehicle stop at Dune Palms and Westward Ho. Tommy Davies was found to be in possession of 7 grams of methamphetamine and two glass methamphetamine pipes. Davies was arrested and transported to the Indio Jail and booked for possession for sales of 19 methamphetamine. ._p z 411 05103 Thursday (83) 0120 hours — Dep. Russell conducted a vehicle stop at Corporate Center Drive and Dune Palms. Juan Noriega Gonzalez was found to be unlicensed and driving under the influence. Noriega was arrested and transported to the Indio Jail. 1257 Hours Deputies Donowho and Reynolds conducted a pedestrian check at Montezuma and Herrera. The suspect, a male juvenile, was found to be in possession of brass knuckles. The juvenile was arrested and transported to Juvenile Hall. 1450 hours — Dep. Bawdon responded to the 78-200 block of Via Pavion in reference a report of a burglary that had occurred four days earlier. The victim had arrived home after being away for several days and found a man asleep on a couch in the dining room The suspect appeared to have been living at the location for some time and immediately left the residence with clothing taken from the location. 1620 hours — SET Team Deputies arrested Joseph Sagarra for violation of parole and providing false information to a police officer following a traffic enforcement stop at Avenida Carranza and Calle Nogales. 2300 hours — Dep. Schofield responded to the 78000 block of Main St. regarding a report of an intoxicated individual. Jason Heyman was contacted by Dep. Post who determined that Heyman had a parole violation warrant. Heyman was transported to the Indio Jail and booked for the warrant. 05/04 Friday (67) 0014 hours — Dep. Russell responded to Dune Palms south of Hwy. I I I in reference to a report of a traffic collision. Investigation revealed that Cary Cruse lost control of his vehicle and collided with a palm tree in the center medium Cruse was deemed to be driving under the influence. Cruse was taken to JFK for an "OK" to book. He was later booked at the Indio Jail for driving under the influence of alcohol. 1630 hours- Deputies responded to a traffic collision at Fred Waring Drive and Jefferson Street. Investigation revealed that Steven Richard Sanchez was turning right onto northbound Jefferson Street from eastbound Fred Waring Drive and lost control of the vehicle. Sanchez collided with a second vehicle, and then crossed the center median and struck a third vehicle that was stopped at the light in the #1 lane of southbound Jefferson Street. Two drivers were transported to Desert Hospital for observation. Their injuries did not appear to be life threatening. It is believed that Sanchez was driving under the influence. 05105 Saturday (87) 1240 hours- Dep. R. Adams responded to a suspicious person call inside the Target Department Store. He arrested George Renteria for shoplifting. After extensive research, Renteria's true identity was determined to be Jerry Romero. Romero is currently a Parolee -at -Large and had two outstanding misdemeanor arrest warrants. Romero was booked into the Indio Jail for petty theft with prior conviction, violation of parole, providing false information to a peace officer, possession of drug paraphernalia, and the outstanding warrants. 2316 hours — La Quinta deputies responded to the 51700 block of Eisenhower Dr. regarding a report of an assault with a deadly weapon call. Deputies arrived on scene and contacted three subjects standing outside of the location. Deputies found a white male deceased inside the residence. 05/06 Sunday (78) 0003 hours — Dep. Wiggs responded to the 47000 block of Via Atibes regarding a reported felony assault call. Joseph Cortina had been assaulted by several suspects at the location. He refused medical attention and could not identify suspects. Another female at the location, Lisa Arismendez, had pepper sprayed the home owner, Jose Espinoza, because she thought he was going to get involved in the fight with Cortina. Arismendez also had broken several items inside the location and was arrested for felony vandalism Arismendez was booked into the hidio jail. 0915 hours- Deputies responded to a man down call on a hill behind St. Francis Church. The report said that there was a male slumped over in a chair on a bluff above the church with a riffle next to him Deputies located the male, Jeff Stafford, and established a perimeter and monitored Stafford with binoculars for several minutes, during which time he did not move. A CHP helicopter ordered Stafford several times to put down the gun, but there was no response. Deputies discovered that he was deceased as the result of a self-inflicted gunshot wound. 2330 hours — Dep. Schofield responded to the 79700 block of Hemmings Way to a report of a possible theft. A full size pick-up occupied by four male adults had been seen leaving the residence. Deputies checked the residence suspected of being burglarized, and found no forced entry. 05/07 Monday (61) 1827 hours — Corp. Navarro was assigned a report of a school related suicide threats call. Set Team Deputies M. Covington and T. White responded and assisted with interviews with classmates of an eighteen year old male student. It was determined that the student had threatened to kill himself and others. He was located at his residence in the 46000 block of Roudel and was deemed to be a danger to himself and other. He was taken to Indio Mental Health for 72-hour evaluation. Three firearms were located at the residence and were taken by deputies for safekeeping. 05/08 Tuesday (103 1100 hours — SET Team deputies arrested Miguel Salcido and Leandra Wehe following a vehicle stop at Avenida Villa and Calle Sonora. Upon contact with Wehe, deputies were able to determine that she was operating a vehicle while under the influence of a controlled substance. Salcido was also found to be under the influence of a controlled substance. Salcido and Wehe were booked into the Indio jail. 1440 hours — SET Team deputies arrested Gary Ruiz for possession of methamphetamine and driving on a suspended license following a vehicle stop at Avenida Mendoza and Calle Chihuahua. Ruiz was booked into the Indio Jail. 1757 hours — Inv. Diaz responded to the 78600 block of Saguaro in reference to a domestic violence call. Bruce Kribbs had assaulted his wife and caused injury to her leg and to her neck. The victim told Inv. Diaz that Kribbs had threatened to kill her and brandished a weapon. Kribbs was not at the residence when deputies arrived, however, Inv. Diaz contacted Kribbs by telephone and convinced him to turn himself in. Kribbs was transported to the Indio Jail and booked for domestic battery, criminal threats and brandishing a weapon. 05/09 Wednesdav (102 0001 hours — Corp. Navarro and Dep. Trueblood responded to 79700 block of Desert Willow in reference to a home invasion robbery. The victim was grabbed from behind, struck in the head, bound and placed in a closet. A family member freed the victim and immediately called 911.. The victim received a contusion but declined medical attention. 1144 hours — Deputies Donowho and Reynolds arrested Justin Martin for domestic violence, child endangerment and possession of drug paraphernalia in the 47800 block of Madison, Indio. Martin was arrested and booked into the Indio Jail for crimes committed in the city of La Quinta. 1300 hours SET Team deputies responded to the 54600 block of Avenida Ramirez regarding an adult male acting violently in the presence of his family. Prior to the officers arrival, the subject left the residence with a golf club, a knife, and threatened to kill himself. Deputies observed the subject in the street, aggressively swinging the golf club and knife. The subject made several attempts to assault the of icers. Deputies initiated negotiations and eventually gained rapport with the subject. A short time later, the subject surrendered his weapons and was detained without further incident. Investigation revealed that 40 the subject was suffering from a preexisting mental disorder. Asa result, deputies transported the subject to a local mental hospital for further evaluation. Media arrived on scene. 05110 Thursday (69) 0400 hours - Deputies responded to the 53500 block of Ave. Diaz to a report of a Cat -Burglary in progress Dep. Reynaga saw Joshua Laacroix jumping over a side yard wooden fence. Laacroix was detained and identified by the victim. He was arrested for burglary. 0530 hours — Dep. Bloomquist responded to Avenida Juarez and Calle Ensenada to investigate a report of an alleged car jacking. The victim, Justin Lomery, stated he was approached by four females who requested a ride to "a friend's home". Lomery drove the females to Ave. Juarez and Calle Ensenada where two of the females brandished weapons and ordered Lomery to give them the keys to his vehicle. 0850 hours — CSO Fowler responded to the area of Washington x Fred Waring reference a non -injury traffic collision. A vehicle traveling in the #3 lane of northbound Washington accelerated as it moved to the # 2 lane in an attempt to pass a vehicle. Due to unsafe speed, the driver lost control of his vehicle and side swiped the second vehicle. Both vehicles veered to the right/east and became air home before coming to rest on the dirt shoulder located on the east side of Washington St. 0915 hours — Deputies responded to Calle Tecate x Avenida Bermudas (Bear Creek Canyon Hiking Trail) reference a suspicious person. A female reported she was walking on the trail and noticed a male subject following. She dialed 911 and deputies responded to the area and located the subject. The subject, whose physical descriptions were similar to that of the recent assault suspect, gave his consent and was transported to Indio station for further follow-up. Investigator Porras obtained a photo, DNA and fingerprints. 05111 Friday (55) 0015 hours — Dep. Wiggs conducted a vehicle stop at Avenida Villa and Calle Nogales. Louis Smith was found to be driving under the influence. Smith was transported to the Indio Jail and booked for driving under the influence of alcohol. 0815 hours- Corp. Dale responded to a suspicious person call in the parking lot of the Target department store. He contacted Mary Casstello who was nude and acting extremely bizarre. Casstello was transported to Indio Mental Health for a 72-hour evaluation. Casstello's boyfriend, Geno Sherer was arrested for possession of drug paraphernalia and an outstanding misdemeanor arrest warrant. Sherer was booked into the Indio Jail. 1305 hours- Dep. Trower arrested Susana Pinmental Ramos for shoplifting at Target. Ramos was booked into the Indio Jail. 1815 hours — Dep. Moore arrested David Richard Sneed for corporal injury to a child. Dep. Moore had been dispatched to Mitchell Paige Middle School in reference to a 13 year old boy who had been struck with a belt. Interviews were conducted at the school and Sneed admitted to striking his child. Sneed was taken into custody and CPS took the child into protective custody. Sneed was booked into the Indio Jail. 1845 hours — Dep. Russell responded to Target in reference to a suspect being detained for theft. Ruben Enriquez Orguin was being detained by store security. Orguin admitted he came into the store with the intention of taking the items. Orguin was transported to the Indio Jail and booked for burglary. 05/12 Saturdav (74 0530 hours- Dep. Wiggs conducted a traffic stop at Jefferson Street and Avenue 52. He arrested Mario Galindo for driving under the influence. Galindo was booked into the Indio Jail. 1540 hours- Deputies Reynolds and Donowho responded to a criminal threats call in the 53000 block of Avenida Ramirez. It was reported that Antonio Bustamante had threatened to kill the victim and her family. Deputies obtained consent to enter and search the residence and located Bustamante hiding in a bedroom closet. Bustamante was uncooperative and refused to comply with commands. Deputies sprayed Bustamante with `pepper spray" and he was taken into custody after a brief struggle. Bustamante was transported to JFK Hospital for medical clearance then booked into the Indio Jail. A bail increase and EPO were obtained. 05113 Sunday (40) 1431 hours — Dep. Trower responded to Avenida Bermudas X Avenida Montezuma regarding a possible assault and battery. Deputies located Manuel Martinez passed out on a park bench. Martinez was arrested for being drunk in public and booked into the Indio Jail. A second suspect was gone and could not be located. 05114 Monday (84) 2019 hours- Dep. T White investigated a report of terrorist threats in the 81800 block of Mountain View. Tie Sapida said that she had received death threats from Rosalio Guevara Ruiz. Sapida had recorded some of the threatening calls. In addition, Ruiz called and made death threats while Dep. White was present and listening on the phone. Ruiz was arrested at his residence and booked into Indio jail where he is being held in lieu of a $150,000 bail. 2048 hours- Dep. Knight arrested James Dunnfor a felony embezzlement warrant followig a traffic stop at Adams St and La Playa in la Quinta. 05/15 Tuesday (66) 1800 hours — Deputies responded to a report of a man down at the Falls Prime Steak House. Paramedics responded, performed CPR on the subject and transported him to JFK Hospital where he was pronounced dead by medical personnel. The subject was identified as Richard Gregory who was reported to have had a history of heart problems, however, the cause of death is unknown at this time. 05/16 Wednesday (71) 0751 hours- Deputies investigated a report of amentally ill person in the 51900 block of Avenida Herrera. Cory Osterhout struggled with deputies who used OC spray to control him. Neither deputy was injured. Osterhout intentionally struck his head on the window of the patrol car en route to the hospital, causing a small cut on the right side of his face. Osterhout was admitted to the hospital for observation and to assure his well being. 1737 hours- Cpl. Bianco responded to a repot of an unattended death in the 53000 block of Ave. Rubio. Stephan McDaniel was found deceased by a longtime friend. There were no signs of foul play or other suspicious circumstances. McDaniel was last seen by the reporting party on 05/13/07 in the afternoon. Deputy Coroner Ball responded to the scene. Per Ball the case will remain pending but at this point it appears McDaniel expired from natural causes. 1844 hours- Dep. Reynaga handled a report of a shoplifter being detained at Wal Mart. Security personnel had Signora Harrison in custody for misdemeanor petty theft. Security completed a citizen's arrest form and Harrison was taken into custody. Harrison had to be taken to J.F.K. for a preexisting medical problem She was released at the hospital via citation. 1945 hours — SET Team Deputies responded to the 51900 block of Avenida Alvarado in order to conduct a probation compliance check. Deputies arrested Ralph Garcia and Christopher Ortiz. During the arrest, Ortiz became combative and had to be physically subdued. .,k. 41 S 05117 Thursday (71) 0230 hours- Dep. Bloomquist arrested Corwin Hendricks for driving under the influence at Adams St. amd Miles Ave. following a traffic stop. 0820 hours- SET TEAM Deputies joined a multi -agency team in serving four search warrants in the cities of Indio and La Quinta. The search warrants were related to a rape that had occurred in La Quinta on April 24, 2007. The search warrants were served for the specific purpose of seizing evidence related to the rape. One suspect, name being withheld at this time, fled from a residence in the 47500 block of Buckskin Circle, in Indio A pursuit ensued and the subject was ultimately arrested. 1600 hours — Deputies responded to the 55-700 block of Riviera in reference to a report of suspicious circumstances. A homeowner reported that there was a brown suitcase, with a combination lock, sitting on top of the water meter in front of her home. The suitcase did not belong to the homeowner or anyone in the area and it was unknown who placed it there. HDT was notified and responded. HDT examined the suitcase, applied a destructive device and rendered it safe. The suitcase was determined to be empty. No one was injured. 05/18 Fridav (70 0900 hours — Dep. Gaunt arrested Dean Lindstrom in the 53800 block of Ave. Carranza for multiple warrants: hit and run, driving on a suspended license, no bail H&S, and a parole hold. He was transported and booked at the Indio Jail. 1115 hours — Dep. Guunt arrested Kasia Alvarez in the 78-700 block of Sagebrush. She was arrested for a wan -ant for "driving on a suspended license". 40 1510 hours — Dep. Berry conducted a vehicle stop at Ave. 50 and Washington. Andres Montemayor was found to be driving while under the influence of drugs. Montemayor was transported to the Indio Jail and booked. 2345 hours — Dep. Wiggs conducted a vehicle stop at Washington and Miles. Trevor Jones was found to be driving under the influence of alcohol. Jones was transported to the Indio Jail and booked. 05/19 Saturday (74) 0530 hours Deputies responded to a baby not breathing call in the 44-100 block of Carman. CDF personal were on scene and pronounced the 5 month old infant deceased. The mother said she had gone to sleep with the child at about 9:00 p.m. the previous evening and awoke at about 5:30 a.m. and the child was not breathing. Due to the nature of the incident, Indio Station investigators, Central Homicide Unit investigators, District Attorney investigator, an assistant DA as well as the Deputy Coroner and Forensics responded to the location and assumed responsibility for the investigation. i 0730 hours- Dep. Gaunt served an arrest warrant in the 52600 block of Avenida Villa and arrested Miguel Esparza for a DUI warrant. Esparza was booked into the Indio Jail 1015 hours- Dep. Gaunt served an arrest warrant in the 79700 block of Morris Lane and arrested Matthew Bullock for a DUI warrant. Bullock was booked into the Indio Jail. 1210 hours- Dep. Gaunt arrested Sorida Garza for a DUI warrant. Garza was booked into the Indio Jail. 1310 hours- Dep. Gaunt served an arrest warrant in the 53300 block of Avenida Ramirez and arrested Robert Michael Spurgeon for a DUI warrant. Spurgeon was booked into the Indio Jail. ._r_O 41Ev 1834 hours- Deputies Knight and Ross responded to Walmart regarding a shoplifting investigation. They Is arrested Eloisa Chahia Torres for commercial burglary. Torres exited the store without paying for numerous items. She was taken to and booked at the Indio jail. 1920 hours- Dep. Wiggs responded to a report of a commercial burglary at the Target Store. Investigation determined that a female juvenile had stolen a M03 from the store and fled on foot. Deputies located and detained her a short distance from the store. Per Juvenile Hall, the suspect did not meet the criteria to keep in custody and would be released to her parents. Dep. Wiggs released the suspect to her mother and will file the case out of custody. 05/20 Sunday (50) 0430 hours — Dep. Bloomquist responded to a report of a "cat" burglary in the 53-80 block of Ave Diaz. Investigation revealed that the suspect had entered through an unlocked rear sliding door. The victim, awakened to find the suspect standing in her bedroom and it appears he may have been watching her as she slept. She yelled at the suspect and he fled from the location. No items were taken from the residence and it does not appear the suspect went through the victim's belongings. An area check was conducted, but the suspect was not located. 1330 hours- Dep. Berry arrested Lisa Maria Ardo for trespassing in the 53000 block of Ave. Bermudas. Ardo, a former tenant, had entered the location without permission. She was booked at the Indio Jail. 1645 hours- Dep. Berry arrested Glen Miller Mcanesrie for being under the influence. Mcanesrie was contacted at Pet Smart where he was causing a disturbance by opening the animal kennels. 05/21 Mondav (80) 0030 hours- Dep. Bloomquist investigated a report of shots fired in the area of Calle Tecate and Ave. Ramirez. At the time of the call several shots were fired and a vehicle was heard leaving the area. Deputies checked the area but were unable to locate any victims or suspects. Approx. 0539 hours, Dep. Bloomquist received a follow up to the call. The original reporting party located several shell casing in the street near her residence. Dep. Bloomquist collected the casings for submission to NIBIN. 0051 hours — Deputy Abrego arrested Michael Shearer at Avenue 47 and Washington St for driving under the influence of alcohol. Shearer was booked into the Indio Jail. 0532 hours- Cpl. Northrup handled a vehicle burglary in the 78400 block of Via Sevilla. The suspect(s) forced entry into the car by breaking a window. The victim's purse was stolen. 1200 hours- Dep. Ramsey responded to a report of a mentally disturbed person in the 51300 block of Ave. Carranza. Robert Mckinney was reported to be walking toward the Ave. Montezuma park with a weapon in his possession. Mckinney admitted to deputies that it was his intention to hurt someone. He was taken to Oasis Mental Health in Indio for a seventy two-hour evaluation. 05/22 Tuesday (111) 0200 hours — Deputies Candelas and Sasser arrested Fernando Marentes for driving under the influence at Calle Sinaloa and Ave Ramirez. 05/23 Wednesday (65) 1700 hours — SET Team Deputies conducted a probation compliance check on Mike Cook in the 82400 block of Caribe in the city of Indio. Deputies contacted Cook's father and learned that Mike was residing in La Quints. A consent to search was obtained from the father which resulted in the recovery of a stolen firearm out of La Quinta. During the search, deputies were informed that a hand grenade was located near Ob the stolen rifle. Deputies immediately evacuated several homes in the vicinity and Cpl. Anderson 4-0 n 41.. responded to render the device safe. The body of the grenade was hollow, however, the fuse device and accelerant were present during the discovery. These three items are considered bomb making components. Deputies responded to the La Quints Cove and located Mike Cook. Cook was arrested and a probation search was conducted at his current residence in the 53600 block of Ave. Alvarado. During the search, deputies located stolen property that had also been stolen out of La Quints. Cook was interviewed and eventually confessed. He was booked into the Indio Jail for residential burglary, possession of bomb components, possession of stolen property, felon in possession of a firearm, felon in possession of ammunition, violation of probation, and possession of dangerous weapons. IPD was advised of the probation search and subsequent discovery of the hand grenade. 1700 hours — Special Enforcement Team deputies received information that Chris Ortiz was in possession of several stolen weapons. Deputies obtained a search warrant for Ortiz' residence in the 51900 block] of Avenida Alvarado. Deputies located a large amount of ammunition, however, they did not locate any firearms. Deputies also located several illegal fireworks. Ortiz was arrested for being a felon in possession of ammunition and possession of illegal fireworks. Ortiz was booked into the Indio Jail. 2210 hours — Dep. Kim responded to the 79700 block of America Ct. to investigate a report of a theft. The victim, Bobbi W ieden, stated that a 9mm handgun, along witht ammunition, had been stolen from her bedroom closet. She stated her friend, Timothy O'Brien, was the only person in the house when she left in the morning. When she returned, O'Brien was gone, along with the handgun. 05/24 Thursday (85) 1045 hours — Set Team Deputies conducted a traffic stop at Eisenhower x Nogales. The driver, Michael Pacelli, was found in possession of marijuana, scales, baggies and Swisher Sweet Cigars used as cutting/laboring material. Pacelli was arrested for transportation and possession of marijuana for sales, drug paraphernalia, and violation of probation. He was booked at the Indio Jail. 05/25 Friday (68) No Significant Activity 05/26 Saturdav (90 0100 hours- Dep. Russell contacted Jose Gonzalez for being drunk in public in the 51800 block of Ave. Martinez. Gonzalez was booked at the Indio Jail. 0135 hours- Sgt. Baur arrested Alex Lopez for vandalism to city property and Edgar Fresco, for obstructing justice. The vandalism involved graffiti and spray paint to a stop sign. Investigation lead to a residence in the 52800 block of Ave. Carranza. At the location, several underage adults were found intoxicated along with two seventeen year old minors. Cpl. Lopez cited the responsible adults for contributing to the delinquency of the minors. One minor was returned home to his residence in Coachella and the other was found to be emancipated. Lopez and Fresco were booked at the Indio Jail. 0600 Hours Dep. Trower responded to an unattended death in the 60900 block of Azul. Howard Parr had passed in his sleep. Parr was on several medications for existing medical conditions. No signs of trauma or foul play were found at the location. 0750 Hours Dep. Gaunt arrested Javier Santana for a hit and run warrant. He was booked into the Indio jail. 1200 Hours Deputy Gaunt arrested Melissa Jones for a DUI warrant. Jones was booked at the Indio jail •-�_� 41€ 1221 hours — SET Team deputies arrested Cynthia Weigandt for a Child Endangerment warrant. She was booked into the Indio Jail. 1734 hours — Dep. Berry responded to Washington x Hidden River regarding a check the welfare call. Susan Kief, was found the be a danger to herself and others she was taken to JFK for a mental evaluation and 72-hour hold. 05/27 Sunday (73) 0125 hours — Corp. Adams stopped Rejeanne Eyre for a traffic violation. During his investigation he determined that Eyre was under the influence while driving a motor vehicle. Eyre submitted to a breath test and was arrested for DUI. 2353 hours- Deputies Pereyeda and Matos responded to a report of a mentally disturbed person in the 54800 block of Ave. Alvarado. John Nichols had made a phone call to his roommate stating he was going to kill himself. Deputies checked the residence and Nichols fled on foot but was detained by Sgt. Baur and Dep. Pereyda after a brief foot pursuit. He was taken to JFK for an okay to book and then to Oasis Mental Health for a 72 hour evaluation. 05128 Mondav (71 0221 hours- Dep. Macken investigated a report of an armed robbery and stolen vehicle that occurred in the La Quinta Club. The victim, Seberiano Cora, had picked up three persons and was under the impression that they were going to a party. One of the individuals then brandished a weapon and demanded all of Cota's property and his vehicle 1610 hours — Dep. Butvidas conducted a traffic stop on Calle Ensenada and Avenida Bermudas. During a probable cause search of the vehicle, Dep. Butvidas located 27.1g of Marijuana individually packaged and 40 a pair of brass knuckles. The driver was in possession of nearly $700.00 mostly in twenty -dollar bills. He was arrested and car was towed. Arrested was Timothy Hicks. 1736 hours- Deputies R. Adams and Donawho arrested Cory Shane Osterhaut at his residence in the 51900 block of Ave. Herrera for violation of a domestic violence restraining order. 2248 hours- Cpl. Northrup arrested Irene Garcia for possession of drug paraphernalia at Ave. La Fonda and Main St. She was booked at the Indio Jail. It was later learned that she had lied about her name and she was correctly identified as Irene Lira. Lira had a felony theft warrant under her true name. 05/29 Tuesday (65) 1830 hours- Dep. McFadden arrested John Cisneros for commercial burglary at the Home Depot. 2034 hours- Deputies Sasser and Candelas investigated an assault with a deadly weapon involving a gun. Deputies responded to JFK Hospital and contacted the victim, Cesar Vega, who said he had been driving in the 51900 block of Ave. Mendoza. Vega and his cousin had an exchange of words with three young white male adults. One of the males fired several rounds and Vega was struck twice. 0045 hours- Deputies Sasser and Candelas arrested Travis Davis Johnson for driving under the influence with a b.a.c. of .14%. Johnson was stopped at Calle Tampico and Desert Club Dr. 05/30 Wednesday (97) No Significant Activity •-�..^ 41 g 05131 Thursday (79) Is1050 hours- Set Team deputies arrested Rodolfo Hinojosa for possession of a stolen vehicle while conducting a parole search at his residence. Hinojosa was booked for receiving stolen property and parole violation. 1315 hours- Set Team deputies arrested Benjamin Rolon Santaella and Ignacio Cruz Soria for possession of stolen property. Target Store personnel notified authorities of a theft in progress. Set Team deputies located the suspect's vehicle after it was seen leaving the store parking lot and conducted a felony stop on the vehicle. Deputies located the stolen property inside the vehicle. Santaella was booked for possession of stolen property. Soria was also booked into the jail for petty theft with priors and 3 counts of violation of probation. 1330 hours- Deputy Bawdon responded to a suspicious person call in the 78900 block of Wakefield Circle. A resident reported that a male rang her doorbell and when she did not open the door he went into her back yard. She yelled at the male and he jumped the wall and fled. While deputies were in route, a second call was received from the 78700 block of Wakefield Circle reporting similar circumstances. The subjects were seen leaving the area in a silver Honda vehicle. Deputies located the vehicle on Sunbroc k, just north of Wakefield Circle. The three occupants, Abdon Aspuro, Eliovardo Elenes and Jairo Elenes were taken into custody without incident. Further investigation revealed that the three suspects were prowling the area looking for homes to break into. They were positively identified by the two above -mentioned reporting parties. All three suspects were arrested and charged with attempt residential burglary, conspiracy, prowling, and trespassing. Eliovardo Elenes was also charged with parole violation and a parole hold was obtained. Jairo Elenes was charged with committing a felony while out on bail. All three suspects were booked into the Indio Jail. 1805 hours- Deputies responded to the 54500 block of Ave. Bermudas to investigate a report that a male juvenile was possibly stranded on top of the ridge, above the area of the water tank. It was also reported that several juveniles were at the base of the mountain yelling to the other juvenile. Deputies were unable locate anyone in the area. 2149 hours- Dep. Russell arrested Jorge Abel Valdez for shoplifting at Kohl's. TOTAL CALLS FOR SERVICE: 2,334 1 CITY OF LA QUINTA Business District Deputy Report May 2007 Deputy Marlayna Covington zournmary or Acnvl Type of Activity Number Business Management Contacts 20 Investigations 5 Suspects Arrested / Charged 5 SIGNIFICANT ACTIVITY With the help from the Public Health Department and La Quinta SET team, I was able to coordinate a program to help combat the illegal sales of tobacco to minors. During this program we sent in underage "decoys" to attempt to purchase tobacco from 14 locations in La Quinta. None of the establishments sold tobacco to the underage decoy. We will continue to periodically conduct these programs to ensure compliance with the law. I was able to conduct a follow-up investigation into a theft that occurred at a retail store. The initial deputy was not able to identify the suspects, however was able to obtain a license plate number. I was able to identify both suspects and obtain a confession. Both suspects were charged with shoplifting. I had the opportunity to update our station's Bank Robbery Response Plan. La Quinta has added five new banks since our last plan. The plan includes sketches of the bank's interior and aerial photos. It also includes a diagram on how patrol personnel should respond to each bank in order to enhance safety for citizens and officers. During this reporting period, I took my annual vacation from May 12-30th. •-� 421 rl,q CITY OF LA QUINTA Traffic Services Team Report May 2007 Summary of Activitv Type of ActivLty Number of Incidents Speed Violations 48 Fail to Yield 10 Turning Violations 23 Calls for Service & B/U's 28 Red light 21 Stop Sin 10 Lane Change Violation 2 Seat Belt Violations 48 Child Seat Violations 41 DUI Arrests 2 Misdemeanor Arrest 12 Felony Arrest 4 Warnings 8 Tows 12 Injury T/C 2 Non -injury T/C 3 Suspended DL 19 Non -Moving 145 Total Citations 213 '-® 422 13 Sgt. Matt Jimenez Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team May 2007 Summary of Activity Corporal Ruben Perez Deputy David Alexander Deputy Damen Butvidas Type of Activit # of Incidents Type of Activity # of Incidents Programs 2 Bicycle Patrol 0 Vehicle Checks/Stops 45 Arrest Warrants Served 5 Pedestrian Checks 40 Search Warrants 2 Follow-ups 15 Parole Searches 8 Citations Issued 5 Arrests/Filin s 22 SET Team Deputies responded to the scene of an attempted burglary. Assuming primary responsibility for the investigation, SET Team Deputies identified and arrested three suspects. 2. Maintaining active follow-up investigations of past crimes is an established priority of the La Quinta SET Team. Such investigations led to the solving of two past crimes during the month of May. Follow-up on a residential burglary occurring in November of 2006 resulted in the arrest of the main suspect and the recovery of items of stolen property. Likewise, follow-up on a residential burglary that took place in March of 2007 led to the identification of two suspects and the recovery of numerous items of stolen property. 3. SET Team Deputies assisted detectives in the service of a search warrant related to a sexual assault case. SET Team Deputies located the suspect and became involved in a vehicle pursuit which culminated in the arrest of the suspect in the city of Indio. 4. Following a traffic enforcement stop in the La Quinta Cove, SET Team Deputies arrested ._ three individuals for possession of marijuana and possession of methamphetamine for 43%s. 4 2 Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report May 2007 Summa ofActivi Type of Activity Number of Incidents Criminal Reports 5 Non -Criminal Incidents 1 Arrests 0 District Attorney Filings 5 Y.A.T. Referral 4 Vehicle Checks 1 Pedestrian Checks 1 Follow -Up 0 Truancy 0 ACTIVITY 1. In three unrelated incidents, a student was found to be in possession of marijuana. Charges were filed with the District Attorneys office on each student. In a fourth incident, a student was charged with selling less than an ounce of marijuana. 2. Charges of grand theft were filed against a student for stealing another student's backpack. The suspect took an unattended backpack and ran away with it. The victim, as well as school security personnel, ran after the suspect until he dropped the backpack and gave up. The contents of the backpack exceeded $400.00 in value and the victim desired prosecution in the matter. 3. Two students were transported to mental health for their well-being after it was learned that they had made a suicide pact between them. One student had razor blades in his possession and it was learned that the two students had planned on "cutting themselves" while at school. 424 11 Deputy Kevin Moore La Quinta MS Paige MS Truman ES Adams ES Franklin ES CITY OF LA QUINTA School Resource Officer Report May 2007 Summary of AcfIV/fV T e of Activit Number of Incidents Reports S Arrests 3 Traffic Stops 6 Business Checks 12 Truant 5 Vehicle Checks 10 Follow-up 11 Pedestrian Checks 6 YAT Referral 4 District Attorney Filings 1 Citations 2 Filed stalking charges against a male who attempted to see his girlfriend on campus owing and argument with her earlier in the day. Arrested and booked a student into Juvenile Hall for possession of live ammunition on Investigated a report of child abuse against a thirteen year old student. As a result, the rent was arrested and the student placed under the care of Child Protective Services. Presented the "Stranger Danger" program to approximately 160 students as part of YMCA after school program. Continuing random patrol of the La Quinta cove school bus stops to provide student safety, ter juvenile misconduct and provide traffic control . Coordinated a joint effort with the La Quinta Traffic Services Team to monitor traffic issues Calle Tampico and Eisenhower Dr. related to Ben Franklin Elementary School. Participated in a countywide truant sweep. Two truant students were located, detained d cited during the activity. Briefed La Quinta Middle School Faculty on emergency response requirement /procedures.*'" 42ve' CITY OF LA QUINTA .,.,mmunity Programs Coordinator Report May 2007 Thomas Fowler Community Service Officer II Summary of Activitv Type of Activit Number Crime Prevention Articles and Reports 4 Community Programs 1 Community Meetings Attended 5 C.P.T.E.D.Inspections 1 Neighborhood Watch Meetings 2 Patrol Duties 40 hrs. Significant Activity 1. Conducted a very well attended "outdoor' Neighborhood Watch and crime prevention meeting in one of the cities gated communities. 2. Initiated additional research of the Bear Creek Bicycle and Hiking trail to supplement the original C.P.T.E.D. report. 3. Worked cooperatively with C.S.O. Artesia Diaz to mentor her in developing her skills to facilitate Neighborhood Watch meetings in her area of service and responsibility. '-m-v 42E El 4 CITY OF LA QUINTA Community Service Officer Report May 2007 C.S.O. Monica Santillanes C.S.O. Thomas Fowler C.S.O. Lisa Land -- Photograph Unavailable Summary of Activity Type of Activit Number of Incidents Burglary Investigations 1 Grand Theft Reports 0 PettyTheft Reports 2 Vandalism/Malicious Mischief Reports 0 Traffic Collision Response 7 Vehicle Code or Parking Citations 18 Abandoned Vehicles Tagged/WarningTagged/Warning 10 Towed Vehicles 8 Lost or Found Property Reports 3 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 46 Office / Training / C.P.O. Hours 206 hrs. Miscellaneous Calls 10 .m 42- E IU Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report May 2007 Meet Your Volunteers -- Mr. Jim Engle Jim has been active in the volunteer program since October, 2003 when he completed the training program. Jim has been a friend to law enforcement for many years and has been involved in many areas of community service during that time. Jim has also been certified to participate in the Citizens On Patrol activities. Jim's spirit of community involvement is further demonstrated through his service as a member of the Planning Commission for the City of La Quinta. Jim and his lovely wife, Angie, own and operate a successful sign company here in the valley. Q nma of Activitv Community Policing Office Number Citizens On Patrol Number Monthly Volunteer Hours 164 Community Events 2 71 Hours YTO 1,041 Business Checks Hours 4/03 to Present 12,065 Traffic Control 7 59 CPO Monthly Visits 137 Courtes Notifications 20 CPO YTD Visits 649 Miscellaneous Activit CPO Visits 4/03 to Present 8,212 Nei hborhood Patrol 28 Vacation Checks 26 Patrol Hours 84 YTD Patrol Hours 513.5 Hours 7/06 to Present 889.5 •-� 4 2 E U CITY OF LA QUINTA Post 503 Explorer Report May 2007 Corporal Andy Gerrard Post 503 Explorers practicing close order drill and marching. SIGNIFICANT Riverside County Sheriff Bob Doyle presented Explorer Post 503 Captain Edgardo Galarza with the 2007 "Explorer of the Year" award. The prestigious award was presented to Captain Galarza during the Riverside County Sheriffs Annual Commendation and Awards Ceremony held in Riverside. Captain Galarza was recognized for exemplary leadership to Post 503 members, for more than 1,000 hours of volunteer service and for his participation in the Riverside County Sheriff's deputy ride -a -long program. Congratulations to Captain Galarza for a job well done. Hard work and diligence in preparation paid off for Post 503 members as they participated in the annual Riverside County Sheriffs Department Explorer Competition. Explorer team members received first place recognition in the domestic violence challenge and second place in the vehicle stop scenario category. This annual event is held at the Ben Clark Training Center in Riverside. May training focused on the following areas: Building Searches, Vehicle Stops, Domestic Violence, iRobbery Alarm Response, Defensive Tactics, Physical Training and Drill and Marching. Post 507 Explorers, Palm Desert, joined with Post 503 for joint training during two of the May meetings. 503 meetings are held on Wednesday evenings at the Indio Station of the Riverside County ffs Office. For information about the Post 503 Explorer Program, contact Corp. Andy 3rd at 760-863-8990. 42W Department Report: 11 LI LA UI TA P@LICE Served by the Rverside County Sherffs Departrnern Crime Statistics Summary April -- 2007 Prepared for .IM 43ri Ej PART I: 2 3 4 10 11 12 13 TRAFFIC: 1 3 4 CITY OF LA QUINTA Crime Com arison - -Aril CRIME April April YTD 2007 YTD 2006 2007 2006 AGGRAVATED ASSAULTS 8 9 17 16 BURGLARY 61 48 192 196 BURGLARY - VEHICLE 23 36 67 106 DOMESTIC VIOLENCE 9 8 38 49 HOMICIDE 0 0 0 0 NARCOTICS VIOLATIONS 28 17 101 57 ROBBERY 2 2 10 12 ROBBERY - CAR JACKING 0 0 0 1 SEX CRIME FELONY 4 2 10 9 SEX CRIME MISDEMEANOR 0 1 8 5 SIMPLE ASSAULTS 9 8 35 40 THEFT 77 84 262 409 VEHICLE THEFT 13 21 51 74 TRAFFIC CITATIONS 311 314 1245 1300 TIC NON -INJURY 28 36 144 125 DUI 19 11 58 25 TIC INJURY 8 13 37 54 TIC FATAL 0 0 0 1 0 CITY OF LA QUINTA DISPATCH INFORMATION - April 2007" TYPE OF CALL RESPONSE TIME LMINUTES NUMBER OF INCIDENTS EMERGENCY 6.24 5 ROUTINE 10.65 1,469 Data from Riverside Co. Shenfrs Department Data Warehouse, Average Response Time Report. E ',ko� 431 11 Crime Distribution Table A r-07 % of Total A r-06 % of Total 1 AGGRAVATED ASSAULTS 8 3.42% 9 3.81% 2 BURGLARY 61 26.07% 48 20.34% 3 BURGLARY - VEHICLE 23 9.83% 36 15.25% 4 DOMESTIC VIOLENCE 9 3.85% 8 3.39% 5 HOMICIDE 0 1 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 28 11.97% 17 7.20% 7 ROBBERY 2 0.85% 2 0.85% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 4 1.71% 2 0.85% 10 SEX CRIME MISDEMEANOR 0 0.00% 1 0.42% 11 SIMPLE ASSAULTS 9 3.85% 8 3.39% 12 THEFT 77 32.91% 84 35.59% 13 VEHICLE THEFT 13 5.56% 21 8.90% Total 234 96.58% 236 96.19% CITY OF LA QUINTA April2007 Cmre Distribution 90 77 80 70 60 50 40 28 L., 30 20 8 9 9 10 0 an C CC �O O p> O O mX y`" N m 5 � a m S C Ora $ r a `a W r n O m D m as r �t- ZN �o m Z= 3X r0v Tnm vm t m 4 m� v" C) m zm rn v a z "-0 02 100 80 60 40 20 0 500 400 300 200 100 0 Month to Month Crime Comparison - April ®April 2007 0Apol2006 oz v,� HC] fe mx 03 3 m AO e+�x s3 ee S � x Year to Date Crime Comparison - April =YTD 67 r'm rr] rP') (nA as C] so ny n to e..0e 0;9 MIXnm r r y0 er am 3n rr r In In Z3 x lu Month to Month Traffic Activity Comparison - April a April 2007 AApril 2006 400 311 314 300 200 100 28 19 11 8 13 0 0 0 TRAFFIC PC NON -INJURY DUI PC INJURY TIC FATAL CITATIONS Year to Date Traffic Activity Comparison - April ® YTD 2007 a YTD 2006 1500 1000 500 144 125 59 25 37 54 0 0 0 TRAFFIC TIC NON -INJURY DUI TIC INJURY TIC FATAL CITATIONS •_r_0; 434 Month to Month Calls for Service Comparison April007 3000 E3 07-Apr 4 m 06-Apr 2500 2000 14741449 1500 1000 932 866 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 10000 9186 9000 8309 ......._......._.. 8000:. ........ 7000 6000 0 YTD 2007 6349 5000 ®YTD 2006 � 3837 4000 3246 3000 2000 1000 N.N. 1 0 Total Non -Criminal Criminal -M_J 13y o` o Qum& N OF COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Public Hearing to Consider Adoption of an Ordinance Amending the Municipal Code, Adding Section 9.20.050 to Chapter 9.20 ("Zoning Districts") to Prohibit Medical Marijuana Dispensaries in all Zones RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code to add Section 9.20.050 to Chapter 9.20 ("Zoning Districts") to prohibit medical marijuana facilities in all zones. FISCAL IMPLICATIONS: None initially. Following adoption, the City may incur cost in connection with enforcement of these amendments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Planning Commission at its meeting of June 12, 2007, unanimously (4-0-1, Commissioner Daniels was absent) recommended approval of this Amendment regarding medical marijuana dispensaries in La Quinta. Generally speaking a medical marijuana dispensary is a facility or location that provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person •-N_O t 43 f with an identification card, in accordance with and as defined in California Health and Safety Code Section 11362.5 at seq. Presently, to the knowledge of staff, there are no medical marijuana dispensaries operating in the City and the City's Zoning Code does not permit medical marijuana facilities in any zoning designation (however, there is no express prohibition either)• Given that some jurisdictions in the Coachella Valley have observed a rise in the operation of these facilities, staff has brought this matter to the Council for consideration so that the Council can take proactive action to establish a clear policy. California law generally prohibits the possession, cultivation, sale, transportation and distribution of marijuana. (Health & Safety Code § § 11357, 11358, 11359, 11360, 11361, 11366, 1136.5.) Accordingly, unless medical marijuana dispensaries fall within an exception to these laws, their operations plainly violate California law (and, as discussed below, federal law). In November of 1996, California voters approved Proposition 215, also termed the "Compassionate Use Act of 1996," which is codified at Health & Safety Code Section 11362.5. Section 11362.5 creates an exception to California's laws against the possession and cultivation of marijuana for "seriously ill" Californians who have received a doctor's recommendation, and for their "primary caregivers." In February of 2003, the California Legislature enacted SB 420, which added several medical marijuana -related provisions to the Health & Safety Code section 11362.7 et seq to amend and clarify the Compassionate Use Act. (Health & Safety Code § 1 1362.7, Legislative Notes.) Under SB 420 medical marijuana dispensaries must be licensed with the State as a health clinic or health facility; and must consistently assume responsibility for each of its customers' health and safety in order to be considered a "primary caregiver" and fall within the protections of Section 11362.7. In addition, a medical marijuana dispensing facility is not authorized to engage in for profit sales of marijuana. Thus, because of these requirements it is likely that many medical marijuana operations in the State are operating illegally. Aside from State law, the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits the manufacture, distribution, and possession of various controlled substances, including marijuana. (See United States v. Oak/and Cannabis Buyers' Cooperative (2001) 532 U.S. 483, 486.) Specifically, the Controlled Substances Act provides that "except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally ... to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." (21 U.S.C. § 841(a)(1). ) 431, The United States Supreme Court has ruled that the federal Controlled Substances Act does not contain any "medical necessity" exception that would permit the manufacture, distribution, or possession of marijuana for medical purposes, which is what California's Compassionate Use Act purports to accomplish. The proposed Ordinance, which completely bans medical marijuana dispensaries in all zones, does not violate the Compassionate Use Act or SB 420 and complies with federal law. Notably, Health & Safety Code Section 11362.83 provides that "Nothing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this article." Nothing in the referenced "article" requires that cities allow dispensaries to operate within their jurisdiction; as a result, the Ordinance would not be inconsistent with the Compassionate Use Act. Indeed, State Planning and Zoning law generally permits a city to exclude a particular type of use (especially where, as here, the use is not presently being operated). Accordingly, the Compassionate Use Act does not prohibit the City of La Quinta from adopting a ban on medical marijuana facilitates within the City. A number of other cities and counties (including Riverside County) have adopted total prohibitions on the operation of medical marijuana distribution facilities. Such jurisdictions have relied on the fact that federal law totally precludes such facilities and the fact that nothing in the Compassionate Use Act requires cities to allow medical marijuana dispensing facilities to operate within their jurisdiction. Additionally, such jurisdictions have relied on the negative effect of medicinal marijuana dispensaries on the health and safety of the community. In this case, both the federal prohibition and the fact that the Compassionate Use Act does not require cities to approve dispensaries are sufficient reasons for the City to adopt this Zoning Code Amendment. ENVIRONMENTAL DETERMINATION The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15061(b)(3) because the proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries and there is no possibility that its adoption would have a significant effect on the environment. GENERAL PLAN CONSISTENCY The proposed Ordinance is consistent with the City's General Plan because the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. .,a 11 n 436 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code to add Section 9.20.050 to Chapter 9.20 ("Zoning Districts") to prohibit medical marijuana facilities in all zones;or 2. Do not introduce Ordinance amending the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. RPsnertf lly suhmittPrl Douglas R. ans Assistant ity Manager -Development Services/ Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager •.er t 439 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9, CHAPTER 9.20 ("ZONING DISTRICTS") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.20.050 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES IN THE CITY WHEREAS, the City Council of the City of La Quinta is committed to protecting the public health, safety, and welfare of the community, and to meet these goals it is necessary for the City Council to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits the manufacture, distribution and possession of marijuana; and WHEREAS, in 1996, the voters of the Sate of California approved Proposition 215 (codified as Health and Safety Code section 11362.5 et seq., and entitled "The Compassionate Use Act of 1996" ("Act"), to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited, specified circumstances. The State Legislature, pursuant to Senate Bill 420, also enacted Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended, which allows local governments to adopt and enforce laws consistent with Article 2.5; and WHEREAS, publicly available reports confirm that the establishment of medical marijuana dispensaries in local jurisdictions, including but not limited to the cities of West Hollywood and Anaheim and the County of Alameda, has resulted in serious negative secondary effects such as increases in crime, including violent criminal activity such as armed robberies and burglaries, at or near medical marijuana dispensaries and in the areas immediately surrounding such dispensaries; and WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if medical marijuana dispensaries were permitted in the City, it is necessary to declare the establishment and maintenance of such dispensaries, whether stand-alone dispensaries or as part of an otherwise legal facility, a use that is prohibited in all land use zones; and WHEREAS, the adoption of this chapter is consistent with federal law and Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended; .• 44r� Ordinance No. Amending Title 9, Chapter 9.200 Adding Section 9.20.050 Adopted: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 9 (PLANNING AND ZONING): La Quinta Municipal Code Chapter 9.20, entitled "Zoning Districts," is hereby amended to add section 9.20.050 as follows: Section 9.20.050. Medical marijuana dispensaries. A. Medical marijuana dispensaries are a prohibited use in all zones. B. "Medical marijuana dispensary" means a facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq. SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN CONSISTENCY: The City Council finds that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries and does not have the potential to significantly effect the environment. The City Council further finds and determines that the Ordinance is consistent with the City's General Plan, in that the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. SECTION 3. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. ''r'u 441 Ordinance No. Amending Title 9, Chapter 9.200 Adding Section 9.20.050 Adopted: SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 200, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. Amending Title 9, Chapter 9.200 Adding Section 9.20.050 Adopted: STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No._ which was introduced at a regular meeting on the day of 2007 and was adopted at a regular meeting held on the day of 2007 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California '-r-0 -443 5 F OF T+° COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution to Adopt a Negative Declaration for Environmental Assessment 2006-578 and General Plan Amendment 2006-109 and Adoption of an Ordinance Approving Zoning Text Amendment 2006-086 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, South of Avenue 52 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a Negative Declaration of environmental impact for Environmental Assessment 2006-578; Adopt a Resolution of the City Council approving General Plan Amendment 2006-109; and Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading approving Zoning Text Amendment 2006-086 establishing policies and standards for the development of tentative tract maps on parcels of ten acres or less in the southeastern portion of the City, south of Avenue 52. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: ►= BACKGROUND AND OVERVIEW: A majority of the recent single-family developments proposed in the southern section of La Quinta have primarily been small projects on "infill lots." These subdivisions have maximized density, often at the cost of better circulation and access, overall design, open •.p-0 4 441 space and recreational amenities. A limited number of undeveloped or unentitled parcels remain in the southeastern section of the City with most being ten acres or less (Attachment 1). The general boundary for this area is south of Avenue 52 and generally west of Monroe Street. The item was discussed at a joint City Council/Planning Commission meeting in 2006, and at the June 6, 2006 City Council meeting (Attachment 2). At that time, Council directed staff to develop policies and standards that address the subdivision of property that is ten acres or less. In response to this, staff has developed amendments to the General Plan and Zoning Code which would provide clear direction for the development of these smaller parcels that ultimately either result in the creation of larger lots or consolidation of properties to an acreage size that can lead to a better design and the inclusion of amenities and/or open space. The public hearing for this item was opened at the April 24 Planning Commission and continued to the May 8 meeting in order to allow staff additional time to further consider the proposed amendment language and expand notification to include all property owners of parcels ten acres or less located within the subject area. Following the closing of the public hearing, the Planning Commission unanimously moved to recommend City Council adoption of the Environmental Assessment, General Plan Amendment, and Zoning Code Amendment. Proposal: The proposed Text Amendment will consist of two components; a General Plan Amendment and a Zone Change. Both proposals are as follows: General Plan Amendment First, a General Plan Text Amendment which will add the following to the General Plan: Residential Goals, Policies, and Programs (Page 20 of the General Plan): Add under Policy 2: Program 2.2: The City shall establish development standards that ensure small residential development projects (less than 10 acres in size) include land use patterns, infrastructure, amenities and features consistent with larger projects. Program 2.3: On lands south of Avenue 52 within the City's limits, consider the possibility of reducing density and/or increasing lot sizes on development projects less than 10 acres in size in an effort to encourage compatible development with the more rural lands east of the City. Zone Change In order to implement the new Programs 2.2 and 2.3, the following text amendments would be required to the Zoning Ordinance. Section 9.30.030 would be amended to read: 9.30.030 RL Low Density Residential District. A. Purpose. To provide for the development and preservation of low -density neighborhoods (two to four units per acre) with one- and two-story single- family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size 7200 s . ft.' Minimum lot frontage 60 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 ft.2 Minimum garage setback 25 ft.3 Minimum interior/exterior side yard setbacks 5/10 ft.` Minimum rear yard setback 10 ft. for existing recorded lots and 25 ft. for new lots Maximum lot coverage 50% Minimum livable floor area excludin ara a 1400 s . ft. Minimum landscape setbacks adjacent to perimeter streets 10' minimum at any point, 20' minimum average over entire frontage ' A minimum lot size of 20,000 sq. ft. or larger shall be required of new lots created within subdivisions 10 acres or less in size as further described in Section 9.50.100. 2 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. 3 Twenty feet if "roll -up" type garage door is used. ' For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. Section 9.50.100 would be added and reads as follows: 9.50.100.1 RL district property subdivision development standards, ten acres or less, located south of Avenue 52, shall be designated on the Official Zoning Map as "Southeast Policy Area Overlay." A. Applicability. The following development standards shall apply to all subdivisions 10 acres or less in size located in the RL district, south of Avenue 52, and west of Monroe Street. B. Development Standards. 1. A minimum lot size of 20,000 square feet shall be required, unless: a. The proposed subdivision establishes a minimum of 25% common area open space (exclusive of individual residential lots). Said open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the 25% open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and/or active use; and b. The minimum lot size and lot width within the proposed subdivision should be equal to or greater than the minimum lot size and lot width of the residential lots within the abutting subdivided properties created prior to (effective date of ordinance); and C. Driveway access should be consolidated with other neighboring undeveloped properties. 2. Under no circumstances shall lots be less than 7,200 square feet in size. 3. A landscaped parkway of 30 feet in depth shall be required on all public streets. 4. All other development standards of the RL District, including, but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The City's Official Zoning Map shall identify as an overlay all properties potentially affected by these provisions. ANALYSIS The General Plan includes the following Goals, Policies and Programs that are directly applicable to the proposed amendments: ■ General Land Use Goals, Policies & Programs (Page 19) GOAL 2: High quality development which promotes the City's image as "The Gem of the Desert" Program 2.2: The Development Code shall include design standards in all zoning districts which assure high quality development. ■ Residential Goals, Policies, and Programs (Page 20) GOAL 2: A broad range of housing types and choices for all residents of the City. Policy 1 — The City shall encourage the preservation of neighborhood character and assure a consistent and compatible residential land use pattern. Program 1.2: Apply the City's discretionary powers and site development review process consistently to assure that subdivision and development plans are compatible with existing residential areas. Po/icy 2 — Encourage compatible development adjacent to existing neighborhoods and infrastructure. Po/icy 3 — The City shall discourage scattered development of residential subdivisions by requiring necessary improvement/extension of intervening roadways and infrastructure to serve new developments. The intent of the General Plan was clearly to encourage the development of high quality residential projects within the City. As larger parcels have been developed, it has been easier to implement good design, because the larger parcels have enough room to accommodate open space areas, setbacks and single access points. As often happens, the remaining parcels in this area are smaller, long and narrow, making their development more complicated. Of particular concern is the need to provide access to multiple lots created from a two and a half-, five- or ten -acre parcel. As the City Council may recall, these parcels propose single cul-de-sac streets which significantly impact the amount of land available for lots, open space and landscaping. If two of these parcels, for example, were to share an access cul-de-sac, both parcels would have more room to include open space areas, parkways and other features. The proposed amendments will create development standards which will provide for open space and amenities within projects as well as provide added landscaping on the major roadways on which these smaller lots are located. These provisions may also encourage neighboring property owners to consolidate their development efforts. The proposed amendments, therefore, are consistent with the General Plan's Goals and Policies supporting high quality development. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a Negative Declaration of environmental impact for Environmental Assessment 2006-578; Adopt a Resolution of the City Council approving General Plan Amendment 2006- 109; and Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading establishing policies and standards for the development of tentative tract maps on parcels of ten acres or less in the southeastern portion of the City, south of Avenue 52 or 2. Do not approve the Environmental Assessment, General Plan Amendment, and Zoning Text Amendment; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Paris, Assistant City Manager -Development Services/ Interim Community Development Director Approved for submission by: 01 Thomas P. Genovese, City Manager Attachments: 1 . Map of undeveloped/unentitled properties 2. Council minutes for May 9, 2006 (excerpts) and June 6, 2006 CITY COUNCIL RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2006-109 AND ZONING ORDINANCE AMENDMENT 2006-086 ENVIRONMENTAL ASSESSMENT 2006-578 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 19`h day of June, 2007, hold a duly noticed Public Hearing to consider certification of a Negative Declaration of environmental impact for Environmental Assessment 2006-578, prepared for a General Plan Amendment and Zoning Ordinance Amendment to consider changes in policies and standards associated with the southeast portion of the City, relating to the design of small subdivisions; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h day of April, 2007, and continued hearing on the 81" of May, 2007, hold a duly noticed Public Hearing for review of a General Plan Amendment and Zoning Ordinance Amendment to consider changes in policies and standards associated with the southeast portion of the City, relating to the design of small subdivisions; and WHEREAS, the City has prepared a Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 at. seq., (CEQA Guidelines); and WHEREAS, the City mailed a public hearing notice on the 31s` day of May, 2007 to landowners within 500 feet of the project site, which notice also included a notice of the public hearing date for the City Council; and WHEREAS, the City published a Notice of Intent to adopt the Negative Declaration in the Desert Sun newspaper on June 8, 2007, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: City Council Resolution 2007- Environmental Assessment 2006-578 City of La Quinta Adopted: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2006-578. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The changes to the General Plan and Zoning Ordinance will have no impact on biological or paleontological resources. 3. There is no evidence before the City that the proposed amendments will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. No development is contemplated as a result of the amendments, and further environmental review will be undertaken when a development project is proposed. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed amendments will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed amendments. 6. The proposed amendments will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed amendments do not have the potential to adversely affect human beings, as no development is proposed. 7. There is no substantial evidence in light of the entire record that the amendments may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2006- 578 and said Environmental Assessment reflects the independent judgment of the City. City Council Resolution 2007- Environmental Assessment 2006-578 City of La Quinta Adopted: 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2006-578 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Community Development Department. 3. That Environmental Assessment 2006-578 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 191h day of June, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 452 City Council Resolution 2007- Environmental Assessment 2006-578 City of La Quinta Adopted: ATTEST: VERONICA MONTECINO, City Clerk City of La Quirita, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Environmental Checklist Form 1. Project title: General Plan Amendment 2006-109, Zoning Ordinance Amendment 2006-086, to establish goals, policies and standards for the Southeast Policy Area 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Les Johnson, Planning Manager 760-777-7125 4. Project location: Those lands within the City limits south of Avenue 52 a 13 91 0 Project sponsor's name and address: General plan designation: Various City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Zoning: Various Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The General Plan Amendment will establish policies regarding land use for residential subdivisions. The Zoning Ordinance Amendment will set standards associated with development of these subdivisions. The GPA and ZOA will establish standards for the development of lands 10 acres in size or less into residential subdivisions to assure high quality development at a density consistent with development patterns in this area. The policies proposed for the General Plan address the development of high quality, low density residential projects consistent with proximal large lot development outside the City in the southeast area. The changes proposed to the Zoning Ordinance will establish standards, based primarily on performance standards, to govern the development of parcels 10 acres or less in size. Surrounding land uses and setting: Briefly describe the project's surroundings: The Southeast portion of the City is characterized by existing single family subdivisions, golf country clubs and scattered vacant lands. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None 1- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVED CLARATION, including revisions or mitigation measures that are imposed,Rode proposed project, nothing further is required. y 1Z o Date -2- •-•_,l 455 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a proj ect-specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 3_ +.u'J 45e Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on aesthetics, visual resources or light and glare. The eventual development of subdivisions of this size will require review under CEQA to assure that these individual developments will not significantly impact aesthetics, visual resources or light and glare. -4- 4 5 .' •_._(1 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on agricultural resources. Should any of the lands proposed for development contain agricultural activities; the impacts of that development will be analyzed at that time. -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Ill. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aenal Photo, site inspection) III. a)-e) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on air quality. Individual projects will be reviewed for air quality impacts at the time they are proposed. The City will continue to impose SCAQMD requirements and standards, including the preparation of PM10 Management Plans on projects when they grade property. Should any other impacts be identified at the time of project development, mitigation measures will also be developed. -6- 45S Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (General Plan MEA p. 72 ff.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA p. 72 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA p. 72 ff) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA p. 72 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA p. 72 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA p. 72 ff.) IV. a)-f) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on biological resources. Future development proposals will be reviewed by the City under the provisions of CEQA. The proposed southeast policy area is not located within the mitigation fee area for the Coachella Valley Fringe -toed Lizard. If the City has adopted the Multiple Species Habitat Conservation Plan when projects are proposed, that fee will apply. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("A Phase I Archaeological Survey Report...," L&L Environmental, December 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("A Phase I Archaeological Survey Report...," L&L Environmental, December 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (MEA Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("A Phase I Archaeological Survey Report...," L&L Environmental, December 2003) V. a)-d) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on cultural resources. Most of the City contains archaeological resources. The policy area is generally within the boundaries of ancient Lake Cahuilla, and is likely to contain paleontological resources. Therefore, development projects will be required to undertake analysis under the provisions of CEQA to determine project impacts, if any, and to propose mitigation measures as required. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Building Code) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan EIR) VI. a)-e) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on geology and soils. The policy area is in an area of the City subject to liquefaction, due to proximity to groundwater. Individual development proposals will be required to prepare geotechnical studies for their parcels prior to construction, and/or as part of the CEQA review process. These analyses, as well as the City's implementation of the Uniform Building Code in place at the time each development is brought forward, will analyze impacts and propose mitigation measures where necessary. 10 (#S`n Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the ro'ect: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) fl For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) hnpair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on hazards and hazardous materials. The eventual development of subdivisions in the policy area will result in single family homes which will have limited need for hazardous materials. The area is generally not subject to wildland fires. These issues will be addressed under CEQA for each proposal as it is brought forward. -12 --k01 46E Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-87 ff.) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-87 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance -13- 46C Rate Map or other flood hazard delineation map? (General Plan EIR p. I1I-87 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VUL a)- g)) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on hydrology or water resources. The eventual development of any parcel within the policy area will be reviewed under CEQA, and impacts associated with water quality, water use, or storm flows will be analyzed at that time. The City implements water -conserving building and landscaping requirements, and will impose these requirements on future projects. The City also requires that project retain the 100 year storm on site, so as not to impact down -stream properties. These requirements and standards will be implemented as individual projects are proposed in the policy area. -14- '01 � 4 6 '; Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on land use and planning. The proposed policies and development standards will affect only vacant lands, and will therefore not divide an existing community. The proposed amendments are being added to the General Plan and Zoning Ordinance to assure that remaining developable lands in the southeast portion of the City build out in a manner which is consistent with the more rural, less dense development currently existing to the east of the City limits. The amendments will not impact the underlying density of any parcel. They will instead assure high quality development which integrates open space and landscaped areas to assure that urban densities do not occur in this portion of the City. The policy area is not within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area. Should the City have adopted the Coachella Valley Multiple Species Habitat Conservation Plan at the time that future projects are proposed, those projects will be subject to the provisions of the Plan. _15_ 60 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on mineral resources. Lands in this area of the City are generally designated in the MRZ-1 Zone, and are therefore not considered to have potential for mineral resources. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. I11- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on noise. Individual projects will be reviewed under CEQA at the time they are proposed. However, the policy area is in an area of the City which is expected to have limited growth in traffic, and the development standards proposed, including the provision of landscaped setbacks, will help to attenuate noise levels at individual homes in the future. 17- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on population and housing. The proposed amendments will have no impact on the underlying density of the lands, which generally allow up to four units per acre. Therefore, the amendments will not induce an increase in potential population in the area. The policies and standards will only impact vacant lands, so they will not displace either housing or people. 18_ =� 471 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on public services. The area is already served by Riverside County Sheriff and Fire Departments, on contract to the City. Impacts to public safety would remain the same. Upon build out of the vacant lands, impacts on public safety services will increase somewhat, however, the City will collect development impact fees to provide for additional facilities for police and fire, to offset the costs associated with these services, and the property tax and sales tax generated by the homes and their residents would also serve to offset these costs. Future development on the vacant land may be required to pay a public facilities fee, if such a fee is adopted by the City at that time. Future subdivisions will, when developed, pay the mandated school fees to offset the impacts to schools. The City imposes both Quimby fees and development impact fees to offset the cost of purchase and maintenance of parks, respectively. These fees will be required for the development of subdivisions in the future, and will offset the costs associated with the provision of parks in the area. 19 472 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on recreational facilities. As stated under Public Services, above, the City will impose Quimby and development impact fees to offset the need for additional recreational facilities caused by development in the area. 20 4 73 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 31087) e) Result in inadequate emergency X access? (Tentative Tract Map 31087) f) Result in inadequate parking capacity? X (Tentative Tract Map 31087) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on traffic and circulation. The General Plan EIR identified relatively low long term traffic volumes in this area of the City, due to the lower densities proposed. However, individual projects will be reviewed under CEQA for traffic generation, adequate parking, safe design, and the availability of transit facilities. These analyses will include a quantification of impacts, and the imposition of mitigation measures where necessary. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVL UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) 22 05 5 XVI. a)-g) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on utilities. The eventual development of subdivisions in the area will result in a need for utilities. All service providers will charge connection and service fees to the developers and residents of the vacant lands. These fees are designed to provide for the expansion of service as need arises. These needs will be assessed in individual project related CEQA reviews. -23- 4 7 6 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on biological or cultural resources. Further environmental review, or the standards imposed by the City, will assure that potential impacts associated with development of subdivisions in the future are reduced to less than significant levels. XVII. b) The amendments will support the City's goals of providing a wide range of housing of all types to current and future residents. XVII. c) The General Plan Amendment and Zoning Ordinance Amendment will have not increase cumulative impacts as defined in the General Plan EIR, insofar as the underlying densities of affected parcels will not change. 4 -24- 1 / XVH. d) The General Plan Amendment and Zoning Ordinance Amendment will have no impact on human beings. The eventual development of individual subdivisions will be subject to environmental review, which will implement mitigation measures as necessary, if impacts to human beings are identified. 478 -25- XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). hi this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. The La Quinta General Plan EIR was used in this analysis. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. CITY COUNCIL RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2006-109, ADDING POLICIES AND PROGRAMS RELATING TO THE DEVELOPMENT OF SINGLE FAMILY LOT SUBDIVISIONS ON PARCELS OF 10 ACRES OR LESS IN THE SOUTHEASTERN PORTION OF THE CITY CASE NO.: GENERAL PLAN AMENDMENT 2006-109 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 191h day of June, 2007, hold a duly noticed Public Hearing to consider proposed policies and programs relating to the development of single family lot subdivisions on parcels of 10 acres or less in the southeastern portion of the City; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h of April, and continued hearing on the 8" of May, 2007, hold a duly noticed Public Hearing for review of policies and programs relating to the development of single family lot subdivisions on parcels of 10 acres or less in the southeastern portion of the City; and WHEREAS, said General Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2006-578 for this General Plan Amendment in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that a Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on June 8, 2007, as prescribed by the Municipal Code; and 4 8 g City Council Resolution 2007- General Plan Amendment 2006-109 City of La Quints Adopted: WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said General Plan Amendment: 1. The General Plan Amendment, as proposed is consistent with the General Plan, insofar as it will provide for the development of housing for future residents. 2. Approval of the amendment will not create conditions materially detrimental to the public health, safety and welfare, and will assure the orderly development of infill small parcels in the southeast portion of the City. 3. The new policies and programs are compatible with the existing policies and programs in the General Plan, insofar as the General Plan promotes and supports high quality single family development. 4. The changes are appropriate for this area of the City, insofar as the development of smaller parcels with adequate open space and roadway access in this area of the City should be compatible with existing less dense development in the area. 5. The continued development of the City requires the continued analysis of current conditions, and this General Plan amendment reflects these conditions and accommodates for future growth within the City. 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 Planning Commission in this case. 2. That the City Council does hereby approve General Plan Amendment 2006-109, adding policies and programs to the General Plan relating to the development of parcels of 10 acres or less in the southeastern portion of the City. 481 City Council Resolution 2007- General Plan Amendment 2006-109 City of La Quinta Adopted: PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 19`h day of June, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 482 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.30.030 AND ADDING CHAPTER 9.50.100, OF TITLE 9, "PLANNING," PERTAINING TO DEVELOPMENT STANDARDS IN THE SOUTHEAST POLICY AREA ZONING TEXT AMENDMENT 2006-085 WHEREAS, vacant lots of 10 acres or less in the southeastern portion of the City (south of Avenue 52) proposed for subdivision present specific development challenges; and WHERES, the southeastern portion of the City abuts more rural, less dense development in the unincorporated portion of the County of Riverside; and WHEREAS, the City wishes to encourage well designed, low density residential subdivisions on lots of 10 acres or less, which are compatible with surrounding development; and WHEREAS, Section 9.30.030 enables the City to establish alternate development standards to address issues specific to a particular land use category in a particular area of the City; and WHEREAS, additional standards are required to ensure high quality development on lots of 10 acres or less which will be subdivided in the future; and WHEREAS, the Planning Commission considered the staff report and all information, evidence and testimony provided at the April 24 and May 8 meetings on the proposed text amendments, ultimately moving to unanimously recommend City Council approval; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance held on June 19, 2007; and WHEREAS, an Initial Study was prepared to consider the zoning text amendments relating to development standards for lands south of Avenue 52, and the City determined that the proposed text amendments would not have a significant environmental impact as described in the California Environmental Quality Act, and a Negative Declaration was prepared. Ordinance No. _ Zoning Text Amendment 2006-086 Adopted: Page 2 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.30.030 of the La Quinta Municipal Code is amended to read as follows: 9.30.030 RL low density residential district. A. Purpose. To provide for the development and preservation of low density neighborhoods (two to four units per acre) with one- and two-story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size 7200 sq. ft.' Minimum lot frontage 60 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 ft.2 Minimum garage setback 25 ft.3 Minimum interior/exterior side yard setbacks 5/10 ft.° Minimum rear yard setback 10 ft. for existing recorded lots and 20 ft. for new lots Maximum lot coverage 50% Minimum livable floor area excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 100 minimum at any point, 200 minimum average over entire frontage ' A minimum lot size of 20,000 sq. ft. shall be required of new lots created within subdivisions of 10 acres or less in size as further described in Section 9.50.100. 2 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. Ordinance No. _ Zoning Text Amendment 2006-086 Adopted: Page 3 3 Twenty feet if "roll -up" type garage door is used. ° For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. SECTION 2. Section 9.50.100 is added to the Municipal Code, as follows: 9.50.100 RL district property subdivision development standards, 10 acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than 10 acres in size located in the RL district, south of Avenue 58, and west of Monroe. B. Development Standards. 1. A minimum lot size of 20,000 square feet shall be required, unless: a. The proposed subdivision establishes a minimum of 25% common area open space (exclusive of individual residential lots). Said open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the 25% open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to (effective date of ordinance). c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than 7,200 square feet in size. 3. A landscaped parkway of 30 feet in depth shall be required on all public streets. 4. All other development standards of the RL District, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The City's Official Zoning Map shall identify as an overlay all properties potentially affected by these provisions. Ordinance No. _ Zoning Text Amendment 2006-086 Adopted: Page 4 SECTION 3. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code will not have a significant impact on the environment, and a Negative Declaration is adopted. 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. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby superseded by this Ordinance to the extent they are inconsistent with this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after 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 19`h day of June, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. _ Zoning Text Amendment 2006-086 Adopted: Page 5 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 437 Ordinance No. Zoning Text Amendment 2006-086 Adopted: Page 6 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ► I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. _ which was introduced at a regular meeting on the day of May, 2007, and was adopted at a regular meeting held on the _ day of May, 2007, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California *.%U� ,488 N Southeast Area: Unentitled and <= 10 acres in size 489 W F s ATTACHMENT #2 LA QUINTA CITY COUNCIL LA QUINTA PLANNING COMMISSION JOINT MEETING MINUTES MAY 9, 2006 A joint meeting of the La Quinta City Council and Planning Commission was called to order at the hour of 5:07 p.m. by Mayor Adolph. CITY COUNCIL ROLL CALL: PRESENT: Council Members Henderson, Kirk, Adolph / ABSENT: None PLANNING COMMISSION ROLL CALL: PRESENT: Commissioners Alderson, ABSENT: / Mayor Adolph led the Pledge of PUBLIC COMMENT: None. Perkins, Sniff, and Mayor Daniels, Ladner and Chairman Quill CONFIRMATION OF AGENDA - Confirmed STUDY SESSION 1. DISCUSSION GARDING SILVERROCK RESORT LOCATED SOUTH OF AVENUE 52 D WEST OF JEFFERSON STREET. The Mayor eclared the PUBLIC MEETING OPEN. Community Development Director D ug Evans gave a brief summary on the issues of concern. Mayor dolph stated the Council is in an agreement that this is a dynamic devel ment and in the future it will be something the residents of La Quinta can proud of. 72. DISCUSSION REGARDING THE GENERAL PLAN ZONING AND OVERALL DEVELOPMENT POTENTIAL FOR CURRENT CITY AREAS LOCATED SOUTH OF AVENUE 56. Community Development Director Doug Evans gave a summary of the issues that have been before the Planning Commission and City Council. Staff is looking for direction from the Council in regard to land uses. 490 City Council/Planning Commission Joint Meeting May 9, 2006 Mayor Adolph asked if there were any questions of staff. Council Member Henderson stated she was surprised as to how little land is left to be developed. Planning Commission Daniels expressed his frustration over the long "bowling alley" lots that have been before the Commission. Anything that can be done to cause a consolidation of land to allow a better circulation and development of the land would be a benefit to the City. When they are before the Commission for approval they come in a piece -meal form as developers purchase the land. This does not allow the Commission the ability to approve projects that lend themselves to a better designed land masses. Staff stated a master plan that has incentives for consolidation of the land to allow joint driveways, joint access, better amenities and site design that would allow more units to the acre would help to develop better communities in this area. Commissioner Alderson noted there needs to be some commercial zoning somewhere for the residents in this area. Staff noted where commercial zoning currently exists. Council Member Kirk asked if the Council/Commission have the ability to reduce the density on a project even if it meets the zoning on the project. Staff stated specific findings would need to be made if the density is reduced from what the General Plan and Zoning Code allow. This has been done by both the Council and Commission, but findings were made to state why this was done. Commissioner Daniels stated another concern is land economics. There is an asking and negotiated price for the land. The Council/Commission needs to put into place information to notify the land sellers and land buyers what the City expects to see developed in this area. This way there is a reasonable expectation on the part of the seller and buyer. Staff stated this is true and the purchase price will dictate the number of units that need to be developed to allow a project to pencil out financially. Mayor Adolph stated that if the Commission believes a project is not in the best interest of the City, it should not be approved. Council Member Henderson asked that at the first presentation of a project to the Planning Commission how much is invested in the project. Staff stated that in regard to the larger projects, there is a substantial amount of money invested. On the smaller projects, five figures are probably invested. Sometimes staff sees the plans in the preliminary stages and staff is allowed an opportunity to work with the applicant to create a better project. On other occasions the project is designed and the applicant wants to proceed on to hearings. Council Member Henderson asked what the law states. Staff stated they have to 491 2 City Council/Planning Commission Joint Meeting May 9, 2006 submit a complete application and comply with all City ordinances and they have a right to a hearing. Staff tries to work with the applicants to bring the best plan to the Commission and Council if they have the ability to work with the applicant. Mayor Adolph asked staff to indicate the location of the land that would be affected by the Coachella Valley Multi -Species Habitat Conservation Plan. Staff indicated the land on the map. Council Member Kirk stated his support that the Commission should give consideration to compatibility when reviewing projects while staff is preparing the necessary changes to the Code to allow the Council/Commission to review projects based on what should be developed in this area. Council member Osborne asked that consistency be considered in the new development standards. The same rule should apply to all projects. 3. DISCUSSION OF THE CITY'S SPHERE OF INFLUENCE IN PLANNING AREAS I AND II, BOUNDED BY AVENUE 52, VAN BUREN STREET, HARRISON STREET, AVENUE 62, AND THE CURRENT CITY LIMITS. Community Development Director Doug Evans gave a report on the recently approved changes to the City's Sphere of Influence and asked for Council direction in regard to fiscal impacts and development standards for the area. Council Member Sniff stated this is a complex project. Does the County currently have projects they are processing in this area? Staff stated yes. They are processing some and have approved a few. Council Member Sniff asked if they were of a significant size and are they subdivisions. Staff stated yes; most are residential subdivisions. Currently, any project in this area is required to make a presentation to the Vista Santa Rosa Community Council (VSRCC) for their input. Council Member Sniff asked if the VSRCC would have validity when these parcels in this area are annexed into the City. Staff stated they are reviewing material from the County to make that determination as to the VSRCC existence. Council Member Sniff stated there are a number of complex issues to be addressed. Will the County work with the City in regard to projects that are proposed for this area so the Council can make intelligent decisions for this area. Staff stated the County is submitting to the City projects they are reviewing and staff is meeting with the Vista Santa Rosa Task Force as well to reach a common understanding between the two entities. Council Member Sniff stated his concern is that projects will be approved by the County that do not meet the City's standards. These are significant challenges when projects are being approved by the County and are in the process of being annexed into 492 3 City Council/Planning Commission Joint Meeting May 9, 2006 the City. Staff stated they are working with the County to achieve a process that will work for both in reviewing these projects to alleviate as many problems as can be. Council Member Sniff stated this needs to be done as quickly as possible to give these people some reasonable expectation of what and how they need to do. Staff stated they will be observing LAFCO's direction in regard to not annexing single parcels of property. Council Member Henderson asked if there were potential applicants who wanted to annex a single parcel, who would make application. Staff stated the City would have input into the approval process. Council Member Henderson stated there are people who live in this area who have a desire to see it developed a certain way. There are also people who have owned their property for several years and want to see it developed in a different way. Would it be fair to say that in the last five years, any project developed or proposed for development that has gone through the County process has had significant involvement from the VSRCC. Staff stated the County requires all applicants to meet with the VSRCC and encourage them to come back with a positive recommendation. County staff has tried very hard to incorporate the VSRCC goals and desires into the planning process. That does not mean that is what will be approved by the County Board of Supervisors. Council Member Henderson stated then there is very little fear that the projects approved by the County would be inconsistent with the direction the City would want to take. Staff stated the key concerns is the infrastructure requirements work correctly, the County design guidelines for VSR have a different feel than what is traditionally approved by the City. This will need to be reviewed and considered by the Council. We do not have a lot of specific guidelines for policies in this area. We need to define what La Quinta's guidelines will be for this area to see if they can work with the VSR guidelines. Council Member Henderson stated there are two distinct groups who have an idea of what they want to see developed in this area and it cannot happen without some give and take on both sides. Council Member Sniff asked if a project is approved by the County, and when appropriate annexing into the City, are the standards significantly different, somewhat different, or essentially the same. Staff stated that if you compare them to existing developments in the City, they are fairly significant. We require a public parkway, a landscape setback of 20 feet and a wall and/or berm and define the perimeters very firmly. VSRC guidelines are exactly the opposite; very expansive setbacks, no walls, limited berms, and a clustered residential development that projects a lot of open space around the project both in interior and exterior. We will have a balancing act to blend the two guidelines and make them work for everyone. 49jf M City Council/Planning Commission Joint Meeting May 9, 2006 Council Member Sniff stated that with the current situation prevailing, we may be confronted with annexations that has projects that are already approved with the County standards being implemented and when the property owner requests to be annexed into the City, they will be bringing in the County standards which will dilute our standards. This to him is awkward. Staff stated Trilogy and Coral Mountain projects are an example of a project being approved in the County and then annexed into the City. Staff is informing those who are looking at the area south of Avenue 54, the City will be recommending there is a pre -annexation development agreement and a fiscal mitigation program. If they have a subdivided occupied property it is going to be very difficult to annex into the City. The challenge for the Council to mitigate the fiscal on an existing project and there is no ability to obtain a fiscal mitigation, it will require a vote of the property owners. This could create projects where one project will have paid to be involved in the City services and the adjoining project will not. This is another balancing act that has to be considered. Council Member Osborne asked if the strategic development plan that staff is creating will be finalized before any annexations take place. Staff stated they would like to have it finalized or at least some sound direction from Council before any annexations take place. There are several developers that are asking to submit application now. It would be a more orderly process if the City had at least the initial part of the plan underway. Council Member Kirk stated he too would want an orderly process, but he is concerned about the timeframe it will take to put that process into place. He believes this Council should take some policy decisions as soon as possible while staff continues to put the process in place. He would like to hear more about what the County Task Force is actually doing. Perhaps we should formalize agreements with the County to create a County/City Task Force. Planning Commissioner Quill asked about the fiscal impacts that are on this area specifically. Second, people are looking to see how soon they will accept pre - annexation applications. Council Member Henderson stated that most of the property south of Avenue 54 is within the Thermal Economic Development Agency. The County created this Agency in about 1985 and when a Redevelopment Area is created it freezes the property taxes. So the property taxes prior to the Agency would be distributed to the appropriate government agency per the State -approved formula. In the case of the City, that was almost seven cents to the dollar in property tax. The County receives significantly more than that. Once you create a Redevelopment Agency the growth in property tax goes into the Agency. Upon annexation, the City would be eligible only for the seven cents to the dollar that it was worth in 1985. All the growth revenue would go to the County for the life time of the Agency. 191 W City Council/Planning Commission Joint Meeting May 9, 2006 This does not give the City the amount of revenue needed to provide the services required. There is a perceived notion that the type of development would probably not be as intense and require the intense police and fire services, but that is not how the services are provided. There is a formula that is used to structure the services no matter what type of development exists. This is the major challenge the City faces. There have been instances where counties and cities have done a tax sharing agreement. The City will be pursuing this type of discussion with the County and the City does have a hope that this could possibly happen. This is all part of the strategic planning faced by the City. Council Member Alderson asked at what point of the process does the County stop issuing building permit and the City starts. Staff stated that is at the point of annexation. Commissioner Daniels asked if there was a scenario where the County could delegate to the City administration of its General Plan for a specific area so the developer/land owner would ultimately be working with the final jurisdiction. City Attorney Kathy Jenson stated they could not delegate their legislative action, but whether or not the issuance of building permits could be done, it would have to be looked into. The County could require the applicant to show compliance with the City's regulations. Commissioner Daniels stated there seems to be some opportunity with multiple jurisdictions where residents are caught in a situation of abuse. Council Member Sniff stated there is only one jurisdiction in control at any one time. Staff stated they had met with the County Planning Director to discuss these challenges not only in La Quinta, but in the Valley. He put together a meeting with Supervisor Wilson and all the Planning Directors in the Valley. During the meeting they discussed a Memorandum of Understanding (MOU) that would basically establish a formal protocol that would require all developers within the Sphere of Influence, to submit to the cities and submit their plans then the city in the MOU would outline what level of review constituted a final review by the City. The County would not calendar the project until that official position is submitted by the City. This MOU would go along way to establish a formal process for the City relative to a review process. The Council would then need to decide what the appropriate level of review for each type of application should be. Council Member Sniff stated this sounds like a lot of time and there needs to be some level of expectation for the property/land owners, the County and the City as quick as possible. 4911) e City Council/Planning Commission Joint Meeting May 9, 2006 Commissioner Barrows stated she would also encourage communication between the Council and the Task Force to gain an understanding of what they are expecting. Mr. Joe Hammer, 74-757 Orange Grove, Indian Wells, stated that for him the frustration is great. He owns property in the City and right across the street the remainder of his property is in the County. He has been waiting for five years to annex his property so he is not processing one property through the City and the other in the County. LAFCO has been supportive of his request. The money and time invested for everyone has been substantial. He would encourage the Council to consider annexation of his property as soon as possible. 4. DISCUSSION OF LA�QUINTA VILLAGE DEVELOPMENT GUIDELINES AND PRELIMINARY PARKING STUDY. Community Developme Director Doug Evans presented the concerns staff has been trying to address in luding the Parking Study. Commissioner Quill asked arhat issues were brought up at the Council level in regard to the condominium ptrking ect recently reviewed in the Village. Staff stated the height, streetscape, and were the major concerns. Mayor Adolph stated the Code ui the Village. Where do you draw have been established. If a develc set the precedent. We are allowir they are not shops. If we allow e� curb, what is the Village going to ntly allows a maximum height of 35 feet in line when you go over this when policies r wants to exceed this height where do you two-story buildings right on the street and hing to be built up to 35 feet right on the ok like when it is built out. Council Member Sniff stated that in th Village it is a small area and will be highly concentrated. Parking is the big st issue and we need to determine where it will be put. Rules are sometime modified and if we require parking beneath a structure would that justify a m dest increase in the height of the building. This should be considered. Mayor Adolph stated then the ordinances nee to be changed. Council Member Henderson stated that the Parkin Ordinance was not followed in regard to the Old Town development. It wa unrealistic to expect that developer to be able to meet the Code in regard to arking. N City Council Minutes 22 June 6, 2006 Council took a brief rpeliss, and reconvened at 10:24 with Mayor Adolph absent due to illnes . 8. CONSIDERATION OF LAND USE AND DEVELOPMENT POLICIES FOR THE ----7SOUTHERN SECTION OF LA QUINTA. Planning Manager Johnson presented the staff report. In response to Council Member Osborne, Mr. Johnson confirmed subdivisions less than 10 acres would have a maximum density of 2 units per acre, and subdivisions 10 acres and above would be allowed up to 4 units per acre. The intent is to encourage consolidation of properties and larger development proposals. Council Member Henderson asked if there would be any leeway in the policy to allow 3 units per acre in subdivisions under 10 acres or would specific plans be used to allow for density bonuses. Community Development Director Evans indicated a zoning overlay may be necessary, and the policy will let developers know what Council's expectations are. He added staff will do a general plan and zoning evaluation, and bring back a policy for Council adoption. Council Member Henderson asked about zoning and general plan changes for the Vista Santa Rosa area being done at the same time. Mr. Evans stated this is a smaller geographic area and not as complex in the analysis. It is a parallel study but they may have different timeframes. Council Member Henderson spoke in support of staff's recommendation. She feels they are good policy directions to be used anywhere in the sphere of influence area. MOTION — It was moved by Council Members Osborne/Henderson to direct staff to, prepare General Plan and Zoning Amendments that encourage subdivisions with total acreage greater than 10 acres, good traffic circulation and access, good overall subdivision design, and "quality of life" amenities and features. Council Member Osborne clarified it also includes 2 units per acre for subdivisions under 10 acres. 497 City Council Minutes 23 June 6, 2006 Council Member Kirk stated he agrees the policy makes sense in the Vista Santa Rosa area, and indicated he supports this type of encouragement of better land use planning as part of consideration of land use in the Vista Santa Rosa area. Motion carried with Mayor Adolph ABSENT. SESSION - None WIZC Animal cruelty CVAG Hun stated they ITk US1,lMA )us Commission — Council Member Henderson reported on an animal wherein a number of animals had to be euthanized. & Community Resources Committee — Council Member Osborne kbe forming a subcommittee to work on the homeless issue. League of Calif nia Cities — Council Member Henderson reported the telecommunication issue has passed out of the Senate without any consideration of the League's inpu . She feels the proposed legislation is not "friendly" to cities. She indicated the Lea ue is also taking a strong position to assist in the "Cities for Healthy Kids" program. Riverside County Desert Library Zone Advisory Board — Council Member Henderson reported new to nology is being utilized wherein students will be able to log onto live homework he at the Riverside County Library System web page. Riverside County Transportation ommission — Council Member Henderson stated funding from the Federal govern nt and some major water districts will provide for four to six core drilling sites t establish if geology will support a proposed tunnel between Temecula and Orange County. San Jacinto/Santa Rosa National Morn Member Henderson reported they have re( gliding in the Monument. They also have and post at the Monument boundaries. Advisory Committee — Council reconsideration of a ban on hang- ed signs for the cities to purchase SilverRock Subcommittee — Council Member 0 orne stated Landmark plans to put decomposed granite in the natural areas. They ve also received a final report from the PGA Tour, and will be providing an official re onse to the City. 04 Op V FC�M OF T4�'9wGi COUNCIL/RDA MEETING DATE: June 19, 2007 ITEMTITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 53-785 Avenida Ramirez By and Between the La Quinta Redevelopment Agency and Michele Pacelli RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION:_{ PUBLIC HEARING: 13 Approve the sale of 53-785 Avenida Ramirez to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $165,000 and authorize the Executive Director to execute the necessary documents to complete the property sale. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $55,950 from sale proceeds. The Agency would also provide a $109,050 silent second trust deed loan to insure that the dwelling is affordable to a very low-income household for 45 years. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single-family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain the dwellings as very low-income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low-income households. The proposed sale is the twenty-fifth (25th) unit to be sold; fourteen (14) of these units were sold to existing tenants and eleven (11) to non -tenant households. 09 The proposed purchaser is an existing tenant who expressed an interest in purchasing the property, took the required actions to qualify for a first trust deed loan, and qualifies in the very low-income category. The sale transaction, as outlined in the Summary Report (Attachment 1), would be structured as other Agency affordable housing projects, wherein the existing Agency - funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for the market value of $165,000, with the buyer funding a 3% down payment and a private lender originating a $51,000 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $109,050 of its equity in the property into a silent second trust deed loan. This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve an Agreement to sell real property located at 53-785 Avenida Ramirez to Michele Pacelli for a purchase price of $165,000 and authorize the Executive Director to execute the necessary documents to complete the property sale; or 2. Do not approve an Agreement to sell real property located at 53-785 Avenida Ramirez to Michele Pacelli for a purchase price of $165,000; or 3. Provide staff with alternative direction. Respectfully submitted, t Douglas PJEvans Assistant City Manager - Development Services/ Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary Report Soo ATTACHMENT #1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND MICHELE PACELLI INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Michele Pacelli ("Buyers"). The purpose of Agreement is to facilitate the sale by the Agency of a single-family dwelling to the Buyers. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-785 Avenida Ramirez within La Quinta Redevelopment Project Area No. 1 ("Property"). The Agency acquired the Property in 1995 to preserve single-family homes that were affordable to very -low income Section 8 households. These homes have been rented to said households since 1995. The Buyers are the current tenants of this home who expressed interest in purchasing it and subsequently qualified for a first trust deed loan. The Agency then elected to enter into the Agreement to facilitate this sale. 501 THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will accommodate the sale of the Property to the Buyers, who will continue to occupy the dwelling. The sales price of $165,000, which represents the fair market value, will be funded through a combination of the Buyers' down payment of $4,950, a first trust deed mortgage of $51,000, and the Agency's equity of $109,050 that will be converted into a silent second trust deed loan. This second trust deed loan will include covenants to insure that the Property will remain affordable to very low -income -households for 45 years. History of Property This Property is part of the Agency Rental Property Purchase Program. In May 1998, the Agency offered these properties first to the existing tenants for purchase and secondly to other qualified very low-income households. The Buyers are the current tenants, who expressed an interest in purchasing the unit, and were recently approved by V.J. Sleight, Broker, for a mortgage up to the amount of $51,000. The Buyers qualify as a very low-income household. The Cost of the Sale to the Agency To date the Agency has invested $1 1 1,174 in the Property through a combination of the initial purchase cost ($86,500) and expenses related to rehabilitating the dwelling ($24,674). Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $55,950 in sale proceeds and retain a silent second trust deed of $109,050 in order to insure that the annual costs are affordable to very low-income households. Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values of $285,000 to $300,000 for three bedroom, two bath single-family dwellings in good condition. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions Covenants and Development Costs Required by the Agreement The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low-income household. 502 Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands that Agency's affordable housing efforts and increases the community's supply of affordable housing. Prior to the sale, the Agency substantially rehabilitated the Property extending the Property's economic life while improving its appearance. Thus, the transaction will insure the continued affordability of a substantially rehabilitated single-family dwelling to a very low-income household. so'?