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2008 07 15 CC&# 4 #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 Ouinta, California 92253 Regular Meeting TUESDAY, JULY 15, 2008 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-048 Ordinance No. 458 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION — NONE RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4-on P_M_ PLEDGE OF ALLEGIANCE City Council Agenda 1 July 15, 2008 PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 1, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JULY 15, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 30, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MAY 31, 2008, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2008. 4. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) FOR A SCULPTURE LOCATED AT THE NORTHERN ENTRANCE TO CITY HALL. 5. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 22 AND 29, MARCH 19, MAY 21, JUNE 18, SEPTEMBER 17, AND NOVEMBER 19, 2009, FROM 8:00 A.M. TO 3:30 P.M. 6. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. p,��y> City Council Agenda 2 July 15, 2008 7. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH LANDMARK GEO-ENGINEERS & GEOLOGISTS FOR MATERIALS TESTING SERVICES. 8. APPROVAL TO EXTEND A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH NAI CONSULTING, INC., TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2008/2009. 9. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PSOMAS FOR CONSTRUCTION INSPECTION SERVICES. 10. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TRI-STATE LAND SURVEYORS & CIVIL ENGINEERING, INC., FOR CONSTRUCTION SURVEYING SERVICES. 11. APPROVAL TO AWARD A CONTRACT TO SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, INC., TO CONSTRUCT THE AVENUE 58 PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18B. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO STAFF MEMBERS TO ATTEND THE CALIFORNIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION CONFERENCE IN HOLLYWOOD, CALIFORNIA, SEPTEMBER 21-24, 2008. 13. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR THE VILLAGE DESIGN AND STRATEGIC PLAN. 14. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. 15. APPROVAL OF NEW JOB DESCRIPTIONS FOR MUSEUM AIDE AND ECONOMIC DEVELOPMENT -PROJECT MANAGER. 16. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $24,677 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS). -- 003 City Council Agenda 3 July 15, 2008 BUSINESS SESSION 1. CONSIDERATION OF A FIREWORKS EVENT ON JULY 4, 2009. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SDS RESEARCH TO CONDUCT A SURVEY OF THE COVE AND SELECTED COMMUNITIES. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A RELOCATION PLAN FOR SILVERHAWK APARTMENTS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2008/2009 CITY OF LA QUINTA BUDGET. AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. A. RESOLUTION ACTION 5. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE REGARDING USE OF SKATEBOARDING PARK AREAS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 6. CONSIDERATION OF APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2008 LEAGUE OF CALIFORNIA CITIES CONFERENCE. A. MINUTE ORDER ACTION - 1 004 City Council Agenda 4 July 15, 2008 STUDY SESSION 1. CONTINUED DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 9.160.060 - PERMITTED TEMPORARY SIGNS. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES DATED JUNE 4, 2008 20. HISTORIC PRESERVATION COMMISSION MINUTES DATED MAY 15, 2008 21. PLANNING COMMISSION MINUTES DATED MAY 27, 2008 22. INVESTMENT ADVISORY BOARD MINUTES DATED MAY 14, 2008 DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR JUNE 2008 City Council Agenda 5 July 15, 200i 005 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR JUNE 2008 6. FINANCE DEPARTMENT REPORT — NONE 7. PLANNING DEPARTMENT REPORT FOR JUNE 2008 8. PUBLIC WORKS DEPARTMENT REPORT FOR JUNE 2008 9. POLICE DEPARTMENT REPORT FOR JUNE 2008 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT 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 RESOLUTIONS APPROVING ONE-YEAR TIME EXTENSIONS FOR VILLAGE USE PERMIT 2005-030 AND TENTATIVE TRACT MAP 34038 FOR THE CONSTRUCTION OF 20 ATTACHED RESIDENTIAL UNITS WITHIN THE LA QUINTA VILLAGE LOCATED IN AN AREA BOUNDED BY CALLE TAMPICO TO THE NORTH, AVENIDA VILLA ON THE WEST AND SOUTH, AND AVENIDA NAVARRO ON THE EAST. APPLICANT: BORREGO RESORT HOLDINGS, LLC. A. RESOLUTION ACTION(S) City Council Agenda 6 July 15, 2008 000 ADJOURNMENT The next regular meeting of the City Council will be held on August 5, 2008, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 15, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on July 11, 2008. DATED/July 11, 2008 VERONICA J. MVNTE'CINO, City of La Qui ta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calls Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 7 July 15, 2008 007 OF Tt� dd4JAIs] :1e1LII"NIhI TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk 10 DATE: July 10, 2008 SUBJECT: City Council/Redevelopment Agency Meetings Time Change Closed Session will begin at 3:30 p.m. for the July 15, 2008 City Council and Redevelopment Agency meetings. Please note the time change when reviewing the City Council and Redevelopment Agency agendas. Thank you. vm 008 PAP; =Kii �,, 4 Ii• / COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Demand Register Dated July 15, 2008 RECOMMENDATION: Approve Demand Register Dated July 15, 2008 BACKGROUND: Prepaid Warrants: 78696 - 78734) 643,877.67 78735 - 78760) 298,775.41 Voids} 0.00 Wire Transfers} 183,863.38 P/R 35389 - 354011 227,918.92 P/R Tax Transfers} 61,180.78 Payable Warrants: 78761 - 78895) 1,909,212.59 $3,324,828.75 FISCAL IMPLICATIONS: Demand of Cash -City $3,299,439.39 Demand of Cash -RDA $25,389.36 .N John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR j STUDY SESSION PUBLIC HEARING 009 CITY OF LA QUINTA BANK TRANSACTIONS 06/25/08 - 07/08/08 06/30/08 WIRE TRANSFER - PERS $58,415.97 06/30/08 WIRE TRANSFER - ICMA $10,834.27 07/02/08 WIRE TRANSFER - HEALTH PREMIUM $98,011.63 07/02/08 WIRE TRANSFER- PERS CC $2,561.51 07/02/08 WIRE TRANSFER - 4 SEASONS $14,040.00 TOTAL WIRE TRANSFER OUT $183,863.38 0IL0 o p r m o m e r o r n M o M a P 1 UQ I m �t O O m O rl O N P N O P O O O m 1I1 �f O m M O O O M .1 O P w N W ; U f 1 v M �t O Iy 1(1 b O N N Q m 1 O rl O r C E ^ N M z o N ww 1 W R' LLo ulw XZI zrc 1 X. 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U O q q W JO I rl I ¢ Z K Z Z Zd• W ¢ W O W X a >N Shc f > U > I -I >W� O\ W I W ¢ N zr HWU I Z h- N JMI dN IrI ¢ ¢ d\ N I w q E !- ¢b W I H Z 0>k W Ir d U d' J f 0 N Itl o H h N N O qN r Z ¢ o w a z x In In a v v v N H I N N .•� Z o 0 0 O O I o O O OZ I v c M U ¢ O e e rl rl rl W m m m p I O O O G I r I N N N UOI b b b W N N N 2 \ \ \ U b b b 0 0 0 I Y I Z O O O I 1p O O O 1(1 ¢ I I O M I 2 I C I •O I N M O I OZ I W N LL I Z W P d I -I J J I J W ¢ I Wd'O I M d'M Yr U Z l m I¢ x O b 3 b ¢ b O I ZU I .1 S.+ O ¢ I o Z O Z. Z O o N I KO 00 �o 2 1 \ J z N N b P I m> w N M m a I Z m \ M O I W w w W b2 I> > > 3 o U ¢ I o J I P •• W N q w = I O U r b P N b K¢o I Z 1 v 0 ¢d' 00, O N No b D I q>Z I NO N N..+W woH I Z Z 00 O b O Z wwI WI••I Ob O� a aU I =.l> o0 0� YewY'i:FQa1^fw COUNCILIRDA MEETING DATE: .July 15, 2008 ITEM TITLE: Receive and File Transmittal of Treasurer's Report dated May 30, 2008 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated May 30, 2008 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. 049 Respectfully submitted, PSI John . Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 050 2 A 1 1 AUHIVItIV I I `% 4 4 09mrcv MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for May 30. 2008 DATE: June 30, 2008 Attached is the Treasurer's Report for the month ending May 30, 2008 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 Be innin Purchased Notes SoldlMatured Other Endin Change Cash (3) LAIF US Treasuries (2) US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Mutual Funds Total $ (99,669) 46,978,392 43,795,557 59,725,296 19,954,143 7,961,759 2,693,757 $ 181,009,— 6,800,000 14,000,000 10,000,000 15,000,000 10,7on I $ 45,810,790 (1) III $ (513,223) (3,000,000) (10,000,000) (5,000,000) $ 18,513,223 0 60,308 93,093 (4,181) 4,879 $ 154,099 $ (612,892) 50,778,392 57,856,865 59,818,389 29,949,962 7,966,638 2,704,547 $ 208,460,901 $ (513,223) 3,800,000 14,060,308 93,093 9,995,819 4,879 10,790 $ 27,451,666 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of Investments at month end. q 30 2-0 0� 3 61V`� Date John M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance This negative balance will be offset with transfers from other Investments before warrants are presented for payment by the payee at the bank. 051 3 Treasurer's Commentary For the Month of May Cash Balances - The portfolio size increased by $27.45 million to $208.46 million. The major reason for the increase was the receipt of the 2"d County of Riverside May property tax installment of $26.9 million. Investment Activity - The average maturity of the portfolio decreased by 19 days to 63 days at the end of May. The six month US Treasury benchmark increased by 22 basis points and ended the month at 1.92%. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. The Treasurer increased by U.S. Treasury holdings by $14 with an August maturity to meet the September 151 Debt Service payment. The Treasurer also increased Commercial Paper by $10 million to take advantage of the one month lag between the receipt of Property Tax revenue and the payment of Pass Through payments. LAIF increased by $3.8 million to take advantage of their higher rates in a declining rate environment. The sweep account earned $3,008 in interest income for the month of May and the bank fees for the month were $ 2,044 which resulted in a net increase of $ 964 in real savings. Portfolio Performance - The overall portfolio performance decreased by twenty four (24) basis points from the prior month and ended at 3.17% for the month, with the pooled cash investments yielding 3.14%. The overall portfolio yield (including bond proceeds) was one hundred twenty five (125) basis points over the benchmark, which has decreased by forty six (46) basis point from the one hundred seventy one (171) basis point difference in April. With the average maturity of 63 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates will gradually be falling. At this time last year, the portfolio was yielding 5.15% and the benchmark was at 4.81% so we have made significant progress in meeting our benchmark. In the short term, the Treasurer has been investing more in LAIF because its rate declines slower in a declining rate environment and in Commercial Paper. The Treasurer did invest $14 million in U.S. Treasury Bills because of portfolio limitations in other investment types and in bond proceeds to ensure that the funds are available for capital projects, e.g. SilverRock and Vista Dunes Courtyard Homes and the CVHC project at 48' and Adams. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve - Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. Maturing GSE's will be rolled over to the highest yield on curve taking into consideration cash flow needs or in medium term notes. 057 4 \ ) 0 ) - \ ) \ ) \ § - - f)� \ | ; , r ■ ■�{ - ! ! ; " | 7 ! ) � _ �2 ) �\\ ® kk)) k| $& k�)kkGi a�^ ;° jouN. 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WIDNNbyb $-gMy8 M'IDNNe`aj0 �]NNECID r�iINNL� F UNJJ6U E1- FUNJJhVfF FUNJJ4VEF fUN JJUUl q d� y f0 tl O M r m M N m N m O S $ m w N M N ry �Nm r yy � r N ro H map e0-d dAm .i N am m m p Nm0 m mN N_d 8y R ry O O p O N y pNp� m h N! r N N rytl- O N a m d b m m N Oy m NmNCI �pN (V (V m1p q 4iLL� bL (OINON � V �Np Q � tCpl R N OOimOr O QqN N NQn � T2 err. q m p sppy m m ' N N O m m m GI l0 p q uoi m m S m IN m �' m - G V LLQO N dNN r'N(V dip N q N tCi omrul�y orMoi$ p g w LL' o� m m m N d (7 m d d m d V r e- [V N N p IO m O m H N p p $ �ioomry m �m o"'m ei c W � g8gi °i� mmn o mm of �tl 'O Oo 3 m cvi 17 n ei ^ Cm'1 N a O P 'F Cd]-If N O \ N 10m m r N r Na O r O Ip o$ e n°e'nm^ em dm C5 my i'. y L d y pO m m OI O O IyO m r d F N y b C L E N O ' C t ~ C a m " " E r O W C V N W N O J C N w� O1 c2 0,5 'arNc 2-g'za.w _ c2>iATw y m K � c U Q L2 N t a. 0 X4 N d t IE N O m " C d a r w o w w w x c o o f Z U w Z V w 1! 0 a n e N 8 co V 10 CM d la Cumla Recantation Of Actual and Surpl05 Funds Cry, RaOevebpment Allen sire Imanclrq A., May 30, 21300 Balance Ol Actual FUMs 200p80,901 Lebs Petty casM1 FUMs (1350) Less Nom5ur01us FUMs ]J1,294 Balance of Sur lus Funds f20],I25.35] BankA29pm5 Name-A"WILRAll Su lus T e Book Suplus Yes ActYea Sets. Wells Faad Damara, No Cleckrn0 $ (6955W $ $ Wells Famo'BwOep No Sveep 61,0&) - PoIIy Cash - Daman, No NIA 1,250 WefF oNousl -Demand Yes CMcp $ 20$60 $ 20,200 $ Wi09 TOlal-Bank Acamab $ 612092 S 20,280 $ - $ 20180 U S Treasury CusW,mm Avaabrl Su lus Issuer? ATdnaM VaWe Surplus Y¢s M Sumlu¢ Yes Bankol New YOM-Demand Da Tes T-BIII llRz)xa 13.9J),6I8 130>e]B TOm.Y. 1J,W],6]8 13,93],6]B 13.9J)6)B U S Carame M Sponsored Enterprlus Amonrxe, Sumlos Su'lue Cusco mn-Avelab, Su Ws Issuer? a V., Yes A, Yes Ball kof NwM-D¢in M Ye Fe,OMac 2.972531 2,972531 2,972,531 d m BankMa aida 9.9764W 9,978,409 9,06.109 Beek M Nev, Yoi Demand Yes FHLB 1.9989d] 1.9"1 1,09881] Bank ofNew Yod, .am Yes FFCB 4,902,591 4,94VE91 4,902,591 Sam Of IN wYOM-Demand Yes FFCB d,989 o29 4,989,029 4,909,029 Balled New YOMDemdnd Yes FFCB 9,990.436 9,990,4M 91988636 Back of New York Demand Yes Field. Ma46],960 c 4 4,483.960 4,463,950 Bank Ol New York. Demand Yes FHLB 8051,017 8,051017 8,01017 ::O" ok New YOM 0.. Yes FHLS 9995784 9,995)& 9,995.761 Bank Ol Fkw York Demand Yes Fail Mac 2}158,685 2468685 2480E811 T01al- U S Government Sectaries 59,018,309 59,818,389 59818389 Madman Telm No* Book Surplus Svplue Q6Wrdn-Ava4" Sur lus Isarer? Value Yes Al YCS Ban kd New TOM-Demand Yes General Election Capnal 2,982.I08 2902,]06 2,9Y1,]nd Bank of New TaM'De—ad Yes US BarrCorp 3,1101,]B6 30W,)66 3,Oo1.iB0 Be—ew York -Demand Yes General Elai Ca ndl 1,9)9.td6 1,9]8,116 19]B L6 TWI-Medmm Term Pa r ],966,636 ],9888]8 i968,838 PMMCommeroal Paper CUMdran-Avarladl Sao.a Issuer? Book Value Surplus Yes "I Sgem Yes BMY as New York Demand Yes Siemens Corp 102752 4,992]52 4W2j52 BaM dN6w York -Demand Yes Hu9nes 4.992941 4,992.941 4,892,911 BdM dNew YOM1-Demand Yes rgBaker .,an Stanley 4972,663 4,972,663 4,972,683 BaM of New York - Demand Yea Hershey 4,997,271 4,997.271 4,93),2N Beall YOM-Demand Yes American Express 4,9%916 4996,916 4,996,916 Bank of New York. Demand Yea International Lease 199I,419 4,9W 419 4,99)119 Tomb Pa. Commercial Fall 29949,962 29,949,962 29 W9,E62 LOCHI Apenry lmnalmenl Fund Sw01us Sandie Name-AvaiWdl Sur Ws T e Book Yes AC Yea LAIF-CM-Demand Yes Slate Po01 J9,814,002 39.6d{.310 (1,380,)iB) IAIF-RDA-Demand you Stale Pool 111]6,310 11.iJ{310 1J Jaa,310 11131,510 TDlal-SUre Poal 58])0,]92 50,])0,]92 1]68)16 {9403,0)6 $urae No AO Sumku Na q9 Funds gclWl% Surplus Yes $ (695.5081 $1 1,PI800 S ,294 et,Il84 $(0!09q - 'Izo 1,T50 $ .d172 S 1,360,)18 i ]355M E1fb% 0.0056% Sequa No AO $urpM1rS No All FuralS Aural % Surplu3 Yale 6806pA 6]OW°f Bursas AO SurgW No All Funds A..l% SulNo Yes 2061 287960% Sunda No Al Surgla No AO Furms A.,% Slnqus Yes 38216% 36252% Surplus NO M Sraplus No All Funds Actual Sao.N Yes 1436i2% 144101% Surpus NO M Surpus No Atl FrMs Acbul% Burylus Yes Tow City lnwahnaMa 162p51,0� 162,451,059 1 ]29285% )].SIA% TWI City Cash d lovesbnenb 16t,OF,iF] 162,471.339 j 111.361.7141al181.10362] a2J,92 11.3111,71111 1153,SH n.015% )].SSb% PDNob-Cay lnwsunerns CuffiOran-Av9labll Sur Iu5 Issuer? Anromay" Value SYrylus Yea AC SuryWS Yes 20o2 R0AU5 Bank-CIP the Finance Aullwmy LIP 2005 Finarvx ANMr LIP Yes Vas Yes US Treasury Bill US Treasury Blll USTreaSu BJI 139]6.411 99]5,291 19,966 dAS 13,976411 9,9]5,281 19,N64M 13,976.411 9,9]6291 19906.165 Tmq-US Tom 43,at a,V 4J,918,1W 4J 91019 Farm so Funds TruS@eAvarWdl Surplus Money MaM¢I Mutual Fund BOOI Value Surpus Yes AC SuMas Y98 Civic Center U S Bank - Project YES 151 Amencan Cli Coast S Bank -Cebt Svc YES 1st Amencan 1 B91 RDA US Bank-DeN Svc YES 11 American 1W5 RDA U S Bank CIP YES 1st American i9B5 RDA U S Back - Specal Fund YES 19 American - 20041111IMUSBank-Escrow YES 19 Amencan 19SORDAUSBBnk CIP YES 151Amsncan 1WB RDA U S B.,-DM Svc YES 1st Amencan 199E RDA U S Bank SolFu YES Im Ameman INS RDA U S Bank -CIP YES tat Amencan 2001 RDA U S Bank- ON Svc YES iM Amencan =1 RDA US Bank -CIP YES lat Amencan 2002 RDA VS Bank -DN Svc YES to Amencan M RDA US Benk -ClP YES 1st American 2,689,329 2,589,329 2,609,329 2003 Taxable RDA US Bank DS YES Ist American 2003 Taxable RDA V S Bank -COI YES Ial American 2003TaaNA RDA S Baul YES 1st Am¢nl 2004FIn Auth VSBank CIP YES 1st Armenian 15218 15,218 15$10 26LFn AuNUSBmk C01 YES 1st Anal Bateman Mutual Fund 2.I0.M1,54] 2.ID45{] 3.)0{,56T Slkgl¢ No Ads SumWs NO All FurW AquN% Sumluc Ye6 21 W]8% 311/2/% Surplus NO Ad Surplus NO All Funds Actual % SUmWS Yes 12974% 13MM TdalFhol ApeMlnwssoul /8,611,IH 48522,734 a8,6II.T]a ILNSi% II.MM% Grand Total 296.160,901 209.091,W3 1366.T16 30T i23.35) 433.P2 1,3N,110 >]6,SM 100. 100.OW0%1 1 u59 §KB !!f �k)! !]»! 2/»! 2)¥! !|;! !]:! !2:! -! al {{ E {f/ �`�� k\{�/ �((|\ {(k|{ , .:l-= EEE wwwl - � °! k�kk .16 \\\k/! \f)k %) \ k§�!§§�! #/ i) !#!:!a !�k|!! \■f!!! !f!&!\ #!balk !!!2!\ !}f7!\ 12 m r N N OD O F T r c x TNL i N C N E 0 O N C L _ Q n a w _ E w w ao _ ¢_ 0 U @ �2 w y E (' N N C CO G m co Q CD LL A W N I� C C} 0 z co d !0 N t E 5 w c n owo a� o z, p p w ` Uwy N �— t V o 0 0 0 0 0 o a E o 0 0 Co o c o 0 d o 0 0 0 o m o 0 t0 L V cli N O G a i 'D 7 13 COUNCILIRDA MEETING DATE: July 15, 2008 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Reports dated May 31, 2008 and Investment Summary Report for the Quarter Ending June 30, 2008 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the May 31, 2008 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending June 30, 2008. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, May 31, 2008 2. Investment Summary Report for the Quarter Ending June 30, 2008 Oo? ATTACHMENT 1 CITY OF LA QUINTA REVENUES -ALL FUNDS 0710112007-08/3112008 FUNDS BUDGET RECEIVED Y. RECEIVED General 540,585,92200 $29,986,468.91 73.90% Library 2,072,200.00 1,686,552.54 81.40% Gas Tax Revenue 756,200.00 613,15613 81.10% Federal Assistance 706,276 00 688,837.31 97 50% JAG Gram 10,607 00 10,607.00 100.00% Slesf (Cops) Revenue 100,400.00 101,868 90 101.50% Indian Gaming 190,75000 110,43422 57.90% Lighting & Landscaping 916,500 00 877,524.93 95.70^% RCTC 2,292.607 DO 86,558.53 3.80% Development Funding 0.00 000 0.00% Crime Violent Task Force 103,500.00 65,598 70 63.40% AB 939 165,700 00 152,230.50 91.90% Quimby 1,438,000.00 590,20683 4100% Infrastructure 12,00000 10,464.94 8720% SB 1266 660.93700 665,188.22 100.60% South Coast Air Quality 56,900.00 42,41547 74.50% Transportation 1,225,000.00 1,379,776.21 112.60% Parks & Recreation 334,500 00 405.806 DO 121.30% Civic Center 194,70000 343,961.54 176.70% Library Development 133,00000 159,926.00 120.20% Community Center 74,90000 61,57517 82.20% Street Facila 84,18600 50,14989 59.60% Park Facility 11,600 00 12.792.54 110,30% Fire Protection Facility 27,000.00 45,920 29 170 10% Arts In Public Places 137,500 00 176,563.02 128.40 % Interest Allocation 0.00 967,723.95 000% Capital Improvement 153,281,622.00 35,999,75805 23.50% Equipment Replacement 737.48300 691,133.73 9370% Information Technology 560,026.00 557,00458 9950% Park Equipment &Facility 430,29000 426.078.46 9900% SllverRock Golf 3,637,306.00 3,674,795.63 9830% SllverRock Golf Reserve 74,946.00 2,848.27 3.80 % LQ Public Safety Officer 2,600.00 2,499.66 96.10% Le Quima Financing Authority 6,617,686 00 6,612,485.82 99 90% RDA Pmject Area No. 1 88,798,58400 65,327,090.34 9610% RDA Project Area No. 2 43,414,999.00 42,278,337.21 9740% Total $349,846,627.00 $21476433949 6140% 0o3 s CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07101/2007 - 06/31/2008 FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General 39, 0 9, 8& 76 $13,331,912.15 6 . Library 5.442,810.00 3,847,663.17 000 1,595,14683 70.7% Gas Tax 576,76000 487,354.24 0.00 89.405.76 84.5% Federal Assistance 706,27600 688,837.31 000 17,438.69 975% JAG Grant 10,607.00 10,607.00 0.00 0.00 100 0% Slesf (Cops) Revenue 100,400.00 000 000 100,400 00 0 0% Indian Gaming 201,14200 104,846.39 0.00 96.295.61 521% Lighting & Landscaping 916,500.00 840,125 00 000 76,375.00 91.7% RCTC 4,149,82600 86,558.53 0.00 4.063,26747 21% Development Agreement 0.00 000 0.00 000 0 0% CV Violent Crime Task Force 57,100 00 35,027.77 0.00 22,072.23 61 3% AB 939 238,500.00 149.636.11 0.00 88,863.89 627% Quimby 8,572,100.00 34,569.00 0.00 8,537,53100 0.4% Infrastructure 525,221.00 118,99507 000 406,22593 22.7% SB 1266 660,937.00 30,702 00 000 630,235 00 4 6% South Coast Air Quality 26,600.00 16,119.36 000 10,48062 60.6% Transportation 7.753,569.00 610.303.98 000 7,143.265.02 7.9% Parks & Recreation 100,000 00 66,165.16 0.00 33,834 84 66.2% Civic Center 6.643,426.00 6,250,07833 000 393,347.67 941A% Library Development 80,000.00 73.16266 000 6,83734 915% Community Center 0.00 000 000 000 0.0% Street Facility 385,825.00 45,496 57 000 340,328.43 11 8% Park Facility 28,886 00 000 000 28,886 00 0.0% Fire Protection 35,00000 35,472.27 0.00 (472.27) 1013% Arts In Public Places 888,450 00 176,78&89 0.00 711,661Al 19.9% Interest Allocation 0.00 0.00 0.00 0.00 00% Capital Improvement 153,281.622.00 35,999,75805 80,37882 117,201,48513 235% Equipment Replacement 1,912.206.00 1,237,481.32 234,048 21 440,676.47 64.7% Information Technology 715,825.00 275,43060 0.00 440,394.40 38.5% Park Maintenance Facility 40,000 00 13,945.41 12,495.41 13,559.18 34 9% SilverRock Golf 4,544,117.00 4,113,986.19 0.00 430,13081 90.5% SilverRock Reserve 000 0.00 0.00 0.00 0.0% LO Public Safety Officer 2,00000 0.00 0.00 2,000.00 0.0% La Quints Financing Authonty 6,618,486.00 6,612,327.50 0.00 6,158.50 99.9% RDA Project Area No 1 146,570,118.00 77,281,71934 000 69,288.398.66 52.7% RDA Project Area No. 2 82,948,06200 52,180.621.68 0.00 30,767,440.32 629% oa 064 3 CITY OF LA QUINTA 07101/2007 - 0&3112008 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,763,100.00 1,836,834.69 926,265.31 66,480% No Low Property Tax Distribution 2,720,500.00 2,755,049.64 (34,549.64) 101 270% Sales Tax 6,769.600.00 4,843,393.98 1,926,20602 71550% Sales Tax Reimbursement 2,284,400.00 1,161,606.46 1,122,791.54 50850% Document Transfer Tax 717,20000 538,041.29 179,158.71 75.020% Transient Occupancy Tax 5,479,100.00 3,899,207.60 1,579,892.40 71170% Transient Occupancy Tax -Mitigation Mt 298,900.00 19,05000 279,85000 6370% Franchise Tax 1,457,700.00 1,309 631.50 148,068.50 89 840% TOTAL TAXES 22,490,500.00 16,362,81716 6,127,682.84 72.750% LICENSE & PERMITS: Business License 322,200.D0 295,82940 26,370.60 91.820% Animal License 18,50000 21,067.50 (2,567.50) 113.880% Building Permits 558,600.00 642,34416 (83,744.16) 114.990% Plumbing Penults 84,40000 97.807.80 (13,407.80) 115,890% Mechanical Permits 65,50000 59,808.71 5,691.29 91.310% Electrical Permits 47,60000 86,049.95 (38,449.95) 180780% Garage Sale Permits 11.000.00 13,820.00 (2,820.00) 125640% Mix. Permits 16320000 134004.09 29,19&91 82.110% TOTAL LICENSES & PERMITS 1,271,000.00 1,350,731.61 (79,731.61) 106.270% FEES: Sale of Maps & Publications 3,90000 2,133.46 1,766.54 54.700% Community Services Fees 421,350.00 362,639.69 58,710.31 86.070% Finance 1,45000 384.73 1,065.27 26.530% Bldg & Safety Fees 377.100 00 508,426.38 (131,326.38) 134.830% Community Development Fees 147,40000 113.188.50 34,21150 76.790% Public Works Fees 75120000 94193390 (19073390) 125.390% TOTAL FEES 1,702,400.00 1,928,70666 (226,306.66) 113.290% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,800.000.00 1,971,95171 1,828,04829 51.890% Motor Vehicle Code Fines 86,40000 103,445.24 (17,045.24) 119.730% Parking Violations 55,90000 38,203.00 17.697.00 68.340% Mix. Fines 125,200.00 139,69&01 (14,49601) 111.580% A8939 0.00 0.00 000 0.000% Federal Govt Grants 000 0.00 000 0.000 % County of Riverside Grant 000 10,499.78 (10,499.78) O.ODO% Stale of California Grant a 735,832.00 723,112 00 12,720 00 98.270% Fire Services Credit 4,862,10000 3,166,610.47 1,695,48953 65.130% CVWD 16,800.00 0.00 16,800.00 0D00% CSA152 Assessment 210,000 00 218,54571 (8,54571) 104 070% TOTAL INTERGOVERNMENTAL 9,892,232.00 6.372,063.92 3,520,168.08 64.410% INTEREST 4,852,900.00 3,843,26066 1,009,63934 79.200% MISCELLANEOUS Miscellaneous Revenue 28,30000 7,835.43 20.464.57 27690% Assmnt Dist Surplus 0.00 5,53828 (5,53828) 0000% Other Mitigation Measures Q.00 0.00 000 0.000% Litigation settlement 0.00 0.00 000 0 000% Cash Over/(Short) 50.00 6180 (1180) 123600% TOTAL MISCELLANEOUS 28,350.00 13.43551 14,91449 47.390% TRANSFERIN 348540.00 IISA53.39 233,086.61 33120% TOTAL GENERAL FUND 40,585,922.00 29.986,488.91 10,599,453.09 73880% 065 4 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/Ot/2007 - 06/31/2008 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES LEGISLATIVE CITY MANAGER'S OFFICE ECONOMIC DEVELOPMENT PERSONNEL/RISK MGT TOTAL GENERAL 10 0.00 50 0.00 76 0.00 250,002 39,806 719,72300 547,53863 000 172,184.17 TOTAL CITY CLERK 1 4 , 63 .00 72,1841 PARKS 8 RECREATION ADMINISTRATION 1,290,542.00 903,190.73 000 387.351.27 SENIOR CENTER 445,112.00 340,317 09 000 104,794.91 PARKS 8 RECREATION PROGRAMS 228,041.00 182.553.55 0.00 45,487 45 LIBRARY 1,799,328.00 706,472.17 000 1,092,855.83 MUSEUM 297,20000 156,506.53 3,983.75 136,709.72 PARK MAINTENANCE 1,398,178.02 1186,217.10 0.00 211,96090 TOTAL COMMUNITY SERVICES .41.00 ,257.17 3,98375 1,9 8 FINANCE FISCAL SERVICES 971,34600 859,65139 0.00 111,694.61 CENTRAL SERVICES 432,56400 342,15244 0.00 90,513.56 TOTAL FINANCE 1 , 0 , .00 1, 1.83 0.00 20 , BUILDING S SAFETY: BUILDING & SAFETY -ADMIN 0.00 BUILDING 064,31800 1,018,84000 047,52412 1,822,04794 000 16,793.88 CODEAL 1,387.908 00 91 000 96,79206 175,900 09 CONTROL ANIMAL CONTROL 312,007 0.00 FIRE 955,72400 4,955,72400 256,687.61 3,256,68781 000 99,90009 7,699,036.19 EMERGENCY SERVICES 137,357 00 120,144.21 000 17,212 79 CIVIC CENTER BUILDING -OPERATIONS 1248,99700 1,070,03435 000 178,96265 TOTAL BUILDING 8 SAFETY 9,23 , ,997,82,232,80f POLICE: COMMUNITY DEVELOPMENT: POLICE SERVICES 10,221,691.00 4,826,649.75 0.00 5,395,04125 TOTAL PUBLIC SAFETY 10,221,691.00 4,826,649.75 0.00 COMMUNITY DEVELOPMENT-ADMIN 1,664,980.00 675.774.17 0.00 989,20583 CURRENT PLANNING 1,037,79400 536,70140 0.00 501,09260 TOTAL COMMUNITY DEVELOPMENT 2, 0 1, . 7 0.00 1,490,298.43 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 0.00 BTRAFFIC 345,367.00 1,514,907.00 006,77549 1,624,57664 000 338,25317 59151 MAINT/DEVELOPMENT MAINT/OPERATIONS - STREETS 1.551,611116 22,49366 861,10016 MAINT/OPERATIONS- LTG/LANDSCAPING 1,969,37300 1,989,373.00 1,551,611.16 2,49365 415,26819 415,268.19 MAINT/OPERATIONS- TRAFFIC 852,64400 326,87175 123,77636 401,99689 CONSTRUCTION MANAGEMENT 1,381,922 00 1 271 919 48 0.00 110 002 52 TOTAL PUBLIC WORKS 8, . 0 2. 5,500 2, 2.04 TRANSFERS OUT 1,599,533.00 640,35248 000 959,18052 GENERAL FUND REIMBURSEMENTS (6,365,264.00) (3,716,009 27) 000 (2,649,254 73) NET GENERAL FUND EXPENDITURES 39 502 866.00 25,011,470 09 159.483.76 13,331,912 15 0bb 5 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Gram Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) INDIAN GAMING Gram revenue Interest TOTAL INDIAN GAMING 2,000,700.00 1,652,036.00 348,66400 82570% 26,500.00 26.500 DO 000 100.000% 45,000.00 8,016.54 3698346 17810% 2,072,20000 1,686,552.54 385,647.46 81390% 243,00000 203,490.89 39,509.11 83.740% 170,400.D0 135,27625 35,123.75 79,390% 323,500.00 271,84206 51,657.94 84.030% 6,Y00.00 000 6,200.00 0.000% 0.00 0.00 000 0 000 % 13,100.00 2,546.93 1055307 19440% 756,200.00 613.156.13 143.043.87 81.080% 706,276.00 688,637.31 17,438.69 97.530% 000 000 0.00 0.000% 706,27600 688,83731 17,438.69 97.5300A 10,607.00 10,60700 0.00 100.000% coo 0.00 000 0.000% 10,60700 10,607.00 000 100AD0% 100,000 DO 100,000.00 0.00 100000% 400.00 1,868.90 (1468.90) 467230-A 100,400.00 101,86890 (1,468.90) 101460% 177,25000 104,846.39 72,40361 59150% 13,50000 5,587.83 7,912.17 41.391 190,75000 110,43422 80,315.78 57.890% LIGHTING S LANDSCAPING REVENUE: Assessment 916,500.00 877,52493 38,975.07 95.750°A Developer 0.00 0.00 0.00 0.D00% Interest 0.00 0.00 000 0 000% TOTAL LIGHTING S LANDSCAPING 916,500.00 877,524.93 38.97507 95.750% RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT 2,292,807.00 86,55853 2,206,248.47 3.780% 000 000 0.00 0 00D% 0.00 0.D0 0.00 0.000% 0.00 0.00 000 0 000 % 000 0.00 000 0.000 % 000 000 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 30,63200 19,268.00 61.390% Gram revenue - JAM 42,500.00 25.26016 17,23984 59440% CLET Lim 6,100.00 5,73223 36777 93 970% Interest _ 5000.00 3,974.31 1,02569 79490% TOTAL CRIME VIOLENT TASK FORCE 103,500.00 65,596.70 37.90130 63.380% AB 939 REVENUE: AS 939 Fees Interest TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees Donations Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transfer In TOTAL INFRASTRUCTURE SB 1266 SB1266 Grant Interest TOTAL 301266 000 110,899.99 (110,899.99) 0000% 165,70000 41330.51 124,369.49 24.940% 1,016,000.00 299,326.25 716,673.75 29.460% 0.00 4,30000 (4,300.00) 0.000% 422.DD0.00 286.580.58 135,41942 67910% 0.00 000 0.00 0.000% 12,000.00 10,464.94 1,535.06 87.210% 000 coo 0.00 0.000% 12,000.00 10,464.94 1,535.06 87.210% 660,93700 660,936.84 0.16 100.000% coo 4 251.38 (4 2511.38) 0.000% 660,93TDO-SB�-T862, (:2 2., 06 7 0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.A.0. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS S RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 47,70000 35,820A3 11,87917 75.100% 0.00 0.00 000 0.000% 0.00 0.00 000 0000% 9,200.00 6,59464 2,60536 71 600% 56,900.00 42,415.47 14,48453 74.640% 1,000,000.00 1,162,134.57 (162,134.57) 116.210% 225,000.00 217,641.64 7,358.36 96.730% 000 0.00 000 0.000 % 1,225,00000 1,379,776.21 (154,77621) 112630% 334,500.00 405,806.00 (71,306.00) 121.320% 000 0.00 0.00 0.000% 000 0.00 0.00 0.0D0% 334,50000 405,806.00 (71,306.00) 121.320% 194,70000 343,961.54 (149,261.54) 176,660% 0.00 000 0.00 0000% 000 0.00 0.00 0.000% 194.70000 343,961.54 (149,261.54) 176660% LIBRARY DEVELOPMENT Developerfees 133,OD0.00 159,92600 (26,926.00) 120.250% Interest 0.00 0.00 0.00 0,000% Transfer in 0.00 0.D0 0.00 0000% TOTAL LIBRARY DEVELOPMENT 133,ODD.00 159,926.00 (26,926,00) 120.250% COMMUNITY CENTER Developer fees Interest TOTAL COMM STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY 28,000.00 30,58300 (2,583.00) 109.230% 46 900.00 30,992.17 15,907 83 66.080 % 74,9(10 00 61.575.17 13.324 63 82.210% 44.10000 41,361.62 2,738.38 93,790% 11,20000 8,78827 2,411.73 78.470% 28,88600 000 28,886.00 0,000% 84,18600 50,14989 34,036.11 59,570% 6,000.00 10,25100 (2,251.00) 128.140% 3,600.00 2,541.54 1,058.46 70.600°.6 11,600.00 12,792.54 (1,192.54) 110.280% FIRE PROTECTION FACILITY Developer fees 27.000.00 45,920.29 (18,920.29) 170.080% Interest 0.00 0.00 000 0.000% TOTAL FIRE PROTECTION FACILITY 27,000 00 45.920.29 (18.920.29) 170.080% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 144,525.88 (47,025.88) 148.230% Arts in Public Places Credits Applied 000 1,860.31 (1,880.31) 0.000% Interest 40,00000 30,176.83 9,823A7 75.440% TOTAL ARTS IN PUBLIC PLACES 137,500.00 176,563.02 (39,063.02) 128 410% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 967,72395 (967,723.95) 0.000% Transfer In 0.00 000 0.00 0.000-A TOTAL INTEREST ALLOCATION 0.00 967,723.95 (967,723,95) 0,000% A CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SS821-Bicycle Path Grand State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 981,488.00 534,818.18 446,669.82 54.490% 0.00 0.00 000 0.000% 0.00 0.00 0.00 0.000% 10,251,067.00 40,00000 10,211,067.00 0.390% 438.041.00 0.00 438,041.00 0,000% 000 000 0.00 0 OOD% 0.00 0.00 0.00 O.00D% 000 0.00 0.00 0.ODO% 3,817.15200 2,958,92800 858.224.00 77.520% 0.00 0.00 000 0.DD0% (31,490.00) 0.00 (31.490.00) 0.000% 0.00 0.00 000 0.000% 701,582.00 107,379.00 594,20300 15.310% 0 DO 0 DO 0.00 0 000% 137,123,782 00 32 358 632.87 104 765 149.13 23 600% 153,281,62200 35,999,758.05 117,251,BW 95 171.310% EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,883.00 590,085.00 (200) 100.oam Capital Contribution 000 0.00 000 0.0D0% Sale of Fixed Asset 0.00 7,31299 (7,31299) 0.000% Insurance Recoveries 0.00 1,812.78 (1,812.78) 0.000% Interest 146,600.00 91,122.96 55,477.04 62160% Transfers In 0.00 0 DO 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 737483.00 691,13373 46,34927 93720% INFORMATION TECHNOLOGY FUND: Charges for services 525.026.00 525,026.00 0.00 100,000% Capital Contribution 0.00 0.00 0.00 0 000 % Sale of Fixed Asset 0.00 0.00 0.00 0 000% Interest 35.000.00 31,97858 3,021.42 91.370% Transfers In 0.00 000 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 560,026 DO 557,004.58 3,021.42 99.460% PARK EQUIPMENT S FACILITY Charges for services 391,19000 391,19000 0.00 100.000% Interest 39,100.00 34,888.46 4.211.54 89.230-A Capital Contributions 000 0.00 0.00 0000% TOTAL PARK EQUIPMENT B FAC 430,290.00 426,07846 4,211.54 99.020% SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food 8 Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LO PUBLIC SAFETY 3,161,211.00 3,081,42333 79,78767 97.480% 83.725.00 81,406.07 2,318.93 97.230% 15,000.00 23,520.00 (8,52000) 156.800% 50,00000 50,001.00 (100) 100.000% 327,370.00 338,44523 (11,075,23) 103.380% 0.00 0.00 000 0.000% 0.00 0.00 000 0.000% 0.00 0.00 0.00 0 000% 3,637,306.00 3.574.795.63 62,510.37 95 280% 3,500.00 2,84827 65173 81380% 71 446.00 0.00 71 446.00 0 000% 74,946.00 2,848.27 72,097.73 3 800% 2,00000 2,000.00 0.00 100.000% 60000 499.66 1 DO 34 83.280% 2,60000 2,499.66 100 34 96.140% 0(aO, s CITY OF LA QUINTA 0710112007 - 06/31/2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0 00 0.00 REIMBURSE GENERAL FUND 2,096,52900 771,211.13 0.00 1,325,317.87 TRANSFER OUT 3,346,28100 3,07645204 000 269,828.96 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 575,271.00 527,331.74 0.00 47,939.26 TRANSFER OUT 1,489.00 (39 977 501 0 00 41 486 50 TOTAL GAS TAX FUND 5797 0-00- 4837!G' _ 9,3U5./6 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 706,276.00 688,837.31 0.00 17,438.69 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 10,607 00 10,607 00 0.00 000 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,400.00 000 000 100,400 00 INDIAN GAMING FUND TRANSFER OUT 201,14200 104,84639 000 96,29581 TOTAL INDIAN GAMING FUND LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,500.00 840,12500 000 76,37500 TRANSFER OUT 0.00 0.00 000 000 TOTAL LTG/LANDSCAPING FUND ou - RCTC TRANSFER OUT 4,149,826.00 86,55853 000 4,063,26747 TOTAL ROTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 000 000 000 REIMBURSE GENERAL FUND 0.00 0.00 000 000 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL DEV AGREEMENT FUND u.uu _ CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,100.00 35,027.77 000 22,072 23 TRANSFER OUT D.00 0.00 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE _ AS 939 OPERATING EXPENSES 238,500.00 149,636.11 000 88,863 89 TRANSFER OUT 0.00 000 000 000 TOTAL AB 939 QUIMBY FUND: CONSTRUCTION 32,000.00 32,00000 0.00 000 TRANSFER OUT 8,540,10000 2,56900 0.00 8,537,531.00 TOTAL QUIMBY ---9377TO-W �,569 OU 0.00__. INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 525,221.00 118,995.07 0.00 406,225.93 TOTAL INFRASTRUCTURE .. SB 1266 TRANSFER OUT TOTAL SB 1266 FUND 560,937.00 30,702.00 0.00 630,235.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 16,119.38 0.00 10,48062 TRANSFER OUT 000 0.00 0.00 000 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 000 000 0.00 0.00 CONTRIBUTION 0.00 000 0.00 0.00 TRANSFER OUT 7,753,56900 610,30388 0.00 7,143,265.02 TOTAL TRANSPORTATION _. PARKS & RECREATION INTEREST ON ADVANCE 100,000.00 66,165.16 0.00 33,834.84 TRANSFER OUT 000 000 0.00 0.00 TOTAL PARKS 6 RECREATION 100,0ou uu 66,16516__. CIVIC CENTER PROGRAM COSTS 200,00000 205,80097 0.00 (5,80097) REIMBURSE GENERAL FUND 202,764.00 185,86700 0.00 16,897.00 TRANSFER OUT 6240,662.00 5858,410.36 0.00 382,251.64 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 80,000.00 73,162.66 0.00 6.837.34 TRANSFER OUT 000 000 000 0.00 TOTAL LIBRARY DEVELOPMENT 070 E CITY OF LA QUINTA 07/01/2007 - 05/31/2008 OTNER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 000 0.00 0.00 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL COMMUNITY CENTER u ou 0.00 000 000 STREET FACILITY PROGRAM COSTS 0.00 000 0.00 0.00 TRANSFER OUT 385,825 00 45,496.57 0.00 340 328.43 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 000 000 0.00 TRANSFER OUT 28 88600 0.00 0.00 26.886 00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 35,00000 35,47227 0.00 (472.27) TRANSFER OUT 000 000 0.00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 12,421.75 0.00 17,578.25 OPERATING EXPENSES-APP 3,200.00 480.33 000 2,71967 ART PURCHASES 455.250.00 163,886.81 0.00 291,363.19 TRANSFER OUT 400,000 00 000 0.00 400,000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 152,052,723.00 35,841,471.65 80,378.82 116,130,872.53 PROJECT REIMBURSEMENTS TO GEN FUND 1,228,899.00 158.286.40 000 1,070,612 60 TRANSFER OUT 0.00 000 000 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 1.000,13200 325,407.32 234,048.21 440,676.47 TRANSFER OUT 912,074.00 912,07400 0.00 000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 715825.00 275,430.60 0.00 440,394.40 TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 40,000.00 13,945.41 12,495.41 13,559.18 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 4,472,67100 4,113,986.19 000 356,664.81 TRANSFER OUT 71,446.00 000 000 71,446.00 TOTAL SILVERROCK GOLF _ SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 000 000 000 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,OOD 00 000 0.00 2,000.00 071 ATTACHMENT 2 d 0 00 LL E E m N u O V t0 t0NOMO Oy W f000)nNMMNO tOO.�Onin W aOD_M M.N-N�OlN V r Now M7047 n NONn t0 eL O(V -vN n0Ot-- nnu�mnarnrno "l m m n m 0, m m v v rn O rn rn 4 V vrn g rn 0, rn rn o rn N N v 0 i�acO) 0 ?Oi�alV vv-C'iNM� d > M V NOv on SSt C fo0O mm�NO W "t �' oirnoi�ro� 'ci0000c6�oair;oin� d novvnc��ornrn'�rowmmcoroo rn m NNv?rno o 6 rn rn rn rn rn rn o o c)O 2 (V N v .-- Cp �O 0) v 1 v a 7 N V a N M N m d O O O O O O O O O O O O O O O O O O O O N 7 O O O S O O S O S O S O 0 0 0 0 0 0 0 0 r O O O O O O O O O O O O O O O O IL C]NN eO -�tA o^ Ld-�66 IN C6 NNN C6C mm OD0000000CDO W N W CO W OO OpO W 0 T O O O O 0 0 0 0 0 0 0 0 0 0 O d O O O O N N N O O O O O O O O O O O O N O Cr W W OpNN mGOm�rnrnai� OTC � N � O>a �? f�a V OD CDC W CDC OpO00Z 0 O Z 0 c Z Z Uy @09z d F- d Cd EL E ? E N o v .- L)00 0 �� ma va $fig c i< ?a C O y 2 d p J C C {Q y � O � d � d 0 d d N C L � C Q E d c0i m C y U H f0 N Q W y C C Y E K I L y C= a O O > j U p d d c a V E t D o m m d U as O ~ 0 072 c Q ¢ a0 2 o LU e o U c%`m yoo U a � J J H 1 ceitr 4 laR COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Authorization to Distribute a Request for Proposals for a Sculpture Located at the Northern Entrance to City Hall RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) to design and construct a sculpture located at the north entrance to City Hall. FISCAL IMPLICATIONS: None at this time. It is anticipated that the sculpture will cost approximately $30,000. The Art in Public Places Program Account No. 271-0000.451.74-80 has available funding for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As part of the expansion of City Hall, a three -tiered pedestal has been installed for a new art piece at the northern entrance to City Hall. Staff is requesting that an artist be selected through an RFP process for this project and that the Art in Public Places funding be used. The City Manager intends to appoint an Artist Committee consisting of the following members: - Edie Hylton, Community Services Director - Kimberly Mack, Museum Services Manager - Christi Salamone, La Quinta Arts Foundation 1 U73 The City Council instead may wish to appoint the Selection Committee. If it chooses to do so, the Selection Committee will be subject to the Brown Act unless the Committee consists only of two Council members. Contingent upon the City Council's authorization to distribute the RFP on July 15, 2008, the following represents how the project is expected to proceed: Proposal Due Date August 15, 2008 Artist Selection Process August 20, 2008 Community Services Commission Review of Proposals September 8, 2008 Recommendations to the City Council September 16, 2008 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals fora sculpture at the northern entrance to City Hall; or 2. Do not authorize staff to distribute a Request for Proposals for a sculpture at the northern entrance to City Hall; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. RFP for Sculpture at the Northern Entrance to City Hall 074 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR THE DESIGN AND CONSTRUCTION OF A SCULPTURE AT THE ENTRY TO CITY HALL The City of La Quinta is requesting proposals from qualified individuals to provide an originally designed sculpture to be installed near the'sidewalk at the public entrance to City Hall. This proposal will include design, construction, construction management, and materials. PROPOSAL: Applicants are encouraged to keep their proposals brief and relevant to the specific services required. The City has set aside a budget not to exceed $30,000 for the entire project, "turnkey," including, but not limited to: Design, plans, estimate, professional services, permits, approvals, any and all meetings, and full construction of an original art sculpture that fits with the architecture and design of City Hall. For this proposal, the Artwork is defined as follows: "Originally designed sculpture" means an art piece that has been designed by an individual that is recognized as an Artist. The artwork must be structurally sound in order to withstand the natural elements with little maintenance, and in scale to the structures on which they are placed. The artwork includes, but is not limited to: design and construction of original artwork appropriate for City Hall and a public location. A plan of the proposed site is included in the packet. Ten copies of the proposal shall be submitted and should include the project approach, project schedule, construction team (including all professional and construction companies involved), and a listing of similar projects with references that are relevant to this type of work. In a separate sealed envelope, applicants must submit a cost breakdown for each item and phase of the proposed work. SELECTION PROCESS: The Artist Selection Committee will review all proposals for recommendation to the Community Services Commission. The Commission will rank the recommended proposals based upon the artist's experience, approach to the project, project schedule, qualifications, written proposal, and verbal presentation to the Community Services Commission. It is anticipated that interviews will be conducted on September 8, 2008 at 5:30 p.m. Artists will be encouraged to bring a maquette of the proposed artwork. Upon Community Services Commission review, a recommendation will be forwarded for City Council consideration at the September 16, 2008 City Council 0735 meeting. The successful artist will be expected to enter into an Art Purchase Agreement. ANTICIPATED PROJECT TIMELINE 2008: Request for Proposals July 16, 2008 — August 15, 2008 Art Selection Committee Review August 20, 2008 Community Services Commission Review September 8, 2008 City Council Consideration September 16, 2008 CITY RIGHTS AND OPTIONS: This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of services of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to the request, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective Artists may be required to submit revisions to their statements. All artists submitting proposals should note that any contract pursuant to this solicitation is dependent upon the recommendation of City staff and the approval of City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw the Request for Proposals at any time and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right that specific personnel with specific expertise be added to the team if the City determines that the specific expertise is lacking in the project team. The City of La Quinta reserves the right to abandon the RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to the Artist for any costs or damages arising out of its response to the RFP. The request to receive proposals will close at 5:00 p.m. on Friday August 15, 2008. The proposal packages are to be delivered to: City of La Quinta Community Services Department P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 Proposals will be addressed to the attention of Edie Hylton, Community Services Director. Please call (760) 777-7032 for more information. 076 COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Approval of a Request by the California Regional Water Quality Control Board to Utilize the Council Chambers for Public Hearings on January 22 and 28, March 19, May 21, June 18, September 17 and November 19, 2009 from 8:00 a.m. to 3:30 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 22 and 28, March 19, May 21, June 18, September 17 and November 19, 2009 from 8:00 a.m. to 3:30 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California Regional Water Quality Control Board has requested that the Council Chambers be made available for the Regional Board meetings on the following days in 2009: January 22 and 28, March 19, May 21, June 18, September 17 and November 19. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 077 1. Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 22 and 28, March 19, May 21, June 18, September 17 and November 19, 2009 from 8:00 a.m. to 3:30 p.m.; or 2. Do not approve the request from the California Regional Water Quality Control Board to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, s- 1 Tom Hartung, Director of uilding & Safety Attachment: 1. Application Approved for submission by: Thomas P. Genovese, City Manager 2 079 ATTACHMENT 1 r Person(s) In• Charge: lC1Ca ��` C;�*t'Z Phone: 1toCl l ll• fi<tr;C. Addreas: 73--1aC' 1=r--c k 4\.)cttil', Ili" Cam. ILtic ( ci(:1'1 .Facility Requested: �C�nC� 1 C�k�nl63t + S Type of Event: Public Y Private Dea� ipt ofGtivitys (3r r: rrl 1F ,i1� t (3t rig + S-4,:Yic,n.t 37.1[l 1\Yf1 �11-c-Frf�t�-�it�Y� c +�l;I 1�'¢\�C E' l':-f't i`'tv'1�-r��•E'r CC9l4i(lLi`11'�(_:�-i�lE._�L 3'�Cn i3 YC�iC1rl 1�YC PIVf Date(s) of Use:'Rcu�r° Size of Groups `�C> Time of Uses Start a.mr/p•m•) = ` Finish (a.ai./6-52L�) .3"l.0 VwN Total Hours of use X sum /hour Certificate of Additional Insured Attached: -or- City Insurance Requested: Fee Paid: S CSC > Refundable Cleaning Deposit Paid: S C% C,n Session Room as $200 Council lumbers (up to 53 People) _ $300 Co:mcil Chambers (54 people plus) m $500 Total Paid: The undersigned hereby agrees to abide by the rules and regulations of the City of La Quints relating to the use of Public facilities. Date: Ca I D,C.. l C`-: Signature: Deposit Required For: Deposit. Returned: Date: S SOTS: no Parsee sigaisg the application sea the Statement of latersattem mit he an Officer of the ywtoricP srgSmisatiOn. it CW Parson is not an ottiaer of tho organisation ter which applionticn to m"a. Webb mrsa prwwe writtan authorisation test .the groer to sign. 079 3 APPLICATION FOR USE OF FACILITIES CITY OF LA QUINTA COUNCIL CHAMBERS ATTACHMENT 2009 Regional Board Meeting Dates (Thursdays): January 22 and 2Qt (2 dates) March 19 May 21 June 18 September17 November 19 We are a State Agency and request a fee exemption. We are requesting to use your audio and visual equipment. Thank you for your consideration. Hilda Vasquez, Staff Services Manager I E-mail: hvasquez(a)waterboards.ca.gov 080 4 `z'ht 4 4Qumrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 15, 2008 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval Of a Contract Services Agreement with the La Quinta Arts Foundation STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Contract Services Agreement with the La Quinta Arts Foundation (LQAF) in the amount of $125,000 to be used for the 2009 La Quinta Arts Festival and various special events planned in the Village, and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: On June 19, 2008, the City Council authorized the appropriation of $100,000 to be included in the Community Services Department budget (Account No. 101- 3001-451.80-03) for the 2009 La Quinta Arts Festival to be held March 12, through 15, 2009. In addition, the City Council approved $25,000 for the development and promotion of special events to be planned in the Village. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved $100,000 to be used by LQAF to market the 2009 La Quinta Arts Festival. Per Section 6.1 of the Agreement (Attachment 1), the LQAF will provide a final report, including an itemized accounting of expenditures relating to the funds provided per the Contract Services Agreement, on or about June 15, 2009. In addition, the City Council approved $25,000 for the development and promotion of several special events to be held in the Village during the 2008-2009 Fiscal Year. This Agreement includes the following events: Art Culture Night Life at Old Town La Quinta, July 18 and 19, August 15 and 16, and September 19 and 20, 2008; 081 Art Under the Umbrellas at Old Town La Quinta, October 11, November 8, 2008, January 17, January 31, February 14, and April 11, 2009. Blues, Brews and Barbecues at the La Quinta Community Park on November 1, 2008; Desert Plein Air Exhibit at the La Quinta Museum, Dates to be determined; Tea Pot Exhibit at the La Quinta Museum, January through March 2009. These programs will encourage attendance in Old Town and at the newly expanded museum. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $125,000 to be used for the 2009 La Quinta Arts Festival and special events in the Village, and authorize the City Manager to execute the Agreement; or 2. Do not approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $125,000 to be used for the 2009 La Quinta Arts Festival and special events to be held in the Village; or 3. Provide staff with alternative direction. Respe tfully submitted, Edie Hylton Community Services Director Approved for submission by: 9".�� Thomas P. Genovese, City Manager Attachment: 1. Agreement 032 ATTACHMENT 1 2008-2009 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and the La Quinta Arts Foundation (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the Production and Promotion of a Four -Day Fine Arts Festival from March 12-15, 2009 and provide various special events and activities as specified in the "Scope of Services and Schedule of Performance" set forth in this Agreement as well as those set forth in Exhibit 'A" which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work." Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall be responsible for ensuring that event vendors have proper permits, licenses, and approvals as may be required by all applicable laws and ordinances. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be 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 083 Page 1 of 10 of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of One hundred twenty five thousand dollars ($125,000), the contract sum, payable upon execution of this contract. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 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 084 Page 2 of 10 to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Christi Salamone, Executive Director b. substitute new appointee It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor Officer: The Contract Officer shall be Thomas P. Genovese, or such other person as may be designated by the City Manager of the City. It shall be the Contractor's responsibility to assure the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 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 085 Page 3 of 10 appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 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 insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. Urn Page 4 of 10 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceedings in any way involving such Claims, Contractor shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnities. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall provide a program report if requested by the City at any time during the duration of this Agreement. A final report, including an itemized accounting of expenditures as related to the items listed in Exhibit A, shall be provided on or about June 15, 2009. 087 Page 5 of 10 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,�or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 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. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. _ 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies Page 6 of 10 068 of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor 0009 Page 7 of 10 further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attn: Edie Hylton, Community Services Director To Contractor: La Quinta Arts Foundation 78150 Calle Tampico, Suite 215 La Quinta, CA 92253 Attn: Christi Salamone 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, Page 8 of 10 090 sentences, clauses, paragraphs, or sections, of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" Dated: ATTEST: 0 THOMAS P. GENOVESE, City Manager Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney "CONTRACTOR" Dated: 22 Name: 091 Page 9 of 10 EXHIBIT "A" Scope of Services and Schedule of Performance Produce and promote the following events for Fiscal Year 2008/2009 Season: La Quinta Arts Festival: A four -day outdoor fine arts festival to be to be held March 12 through 15, 2009 at the La Quinta Civic Center Campus. Marketing services for the above include an extensive marketing program wherein the name "City of La Quinta" and the official City logo will be prominently displayed as a Premier Sponsor at all times. Said coverage may include but is not limited to: newspapers, magazines, radio and television advertising, as well as billboards, fine art posters (excluding Festival Commemorative Poster for retail sale), and high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. The Foundation shall provide a link to the City of La Quinta's website on the Foundation's website. The City will receive a full page in the Festival's 2009 program with text provided by the City and graphic layout design provided by the Foundation. LOAF and City may collaborate, co -produce and promote such additional special events and activities as mutually agreed, including but not limited to: Art Culture Night Life at Old Town La Quinta, July 18 and 19, August 15 and 16, and September 19 and 20, 2008. Art Under the Umbrellas at Old Town La Quinta, October 11, November 8, 2008, January 17, January 31, February 14, and April 11, 2009. Blues, Brews and Barbecue: A one -day community event featuring live music with food and drink amenities at the La Quinta Community Park on November 1, 2008. Local business and non-profit agencies will be invited to participate. Desert Plain Air Exhibit at the La Quinta Museum, Dates to be determined. Teapot Exhibit at the La Quinta Museum, January through March 2009. 002 Page 10 of 10 COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Approval of an Amendment to the Professional Services Agreement with LandMark Geo- Engineers & Geologists for Materials Testing Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _�J CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Professional Services Agreement (PSA) with LandMark Geo-Engineers & Geologists for Materials Testing Services (Attachment 1) and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: Attachment 1 is the Amendment to the PSA with LandMark Geo-Engineers & Geologists and includes a revised "Exhibit B" ("Schedule of Compensation") showing the new rates, which have increased an average of 7% from the original rates to accommodate cost of living adjustments and will be locked in for the next two years. The Agreement is based on time and materials. Construction surveying services will be paid out of the individual CIP project budgets. The existing Schedule of Compensation is shown in Attachment 3. CHARTER CITY IMPLICATIONS: None. This contract requires the contractor to pay prevailing wages. BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposal (RFP) for materials testing services. On August 1, 2006, City Council approved a Professional Services Agreement (PSA) for materials testing services with LandMark Geo-Engineers & Geologists. The Agreement called for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) 093 upon mutual agreement by both parties. LandMark has performed well during the initial term; therefore staff recommends extending this contract. If approved by City Council, the Amendment would extend the term of the PSA for an additional two (2) years, beginning August 2, 2008 and ending August 1, 2010 (extended term). The Agreement is based on "time and materials". The Amendment also includes new rates as shown in Exhibit "B" of the Amendment (Attachment 1). The Scope of Services for the existing PSA is included as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Amendment to the Professional Services Agreement with LandMark Geo-Engineers & Geologists for Materials Testing Services and authorize the City Manager to execute the Amendment; or 2. Do not approve an Amendment to the Professional Services Agreement with LandMark Geo-Engineers & Geologists for Materials Testing Services; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jona n, P.E. UU Public Works Dir for/City Engineer Approved for submission by: C�t�CLO 1, Thomas P. Genovese, City Manager 094 Attachments: 1. Amendment to Professional Services Agreement with LandMark Geo-Engineers & Geologists for Materials Testing Services 2. Scope of Services (Exhibit A) of the Existing Professional Services Agreement with LandMark Geo-Engineers & Geologists for Materials Testing Services 3. Existing Schedule of Compensation for LandMark Geo-Engineers & Geologists for Materials Testing Services 09 ATTACHMENT AMENDMENT TO AGREEMENT BETWEEN LANDMARK GEO-ENGINEERS & GEOLOGISTS AND CITY OF LA QUINTA This Amendment to the Professional Services Agreement for Materials Testing Services, made and entered into on July 15, 2008, by and between the Land Mark Geo- Engineers & Geologists, herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City". WITNESSETH: WHEREAS, the CITY is desirous of Amending its Professional Services Agreement for Materials Testing Services with Contractor to provide for an additional two (2) years of service; and WHEREAS, the CONTRACTOR, is agreeable to rendering services to the City on the terms and conditions contained in the Agreement for Materials Testing Services between Contractor and City. IT IS AGREED that "Paragraph 3.4" of said Agreement is hereby amended to read in its entirety as follows: A. Term: Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2008 and terminate on August 1, 2010 (extended term). IT IS AGREED that for the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the attached Exhibit "B" (the "Schedule of Compensation"). IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the dates stated below. Dated: CITY OF LA QUINTA -02 THOMAS P. GENOVESE City Manager ATTEST: VERONICA J. MONTECINO, CMC, City Clerk 0�0 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: LandMark Geo-Engineers & Geologists :- Name: Title: "CONTRACTOR" 097 LANDMARK EXHIBIT B a DEEFA C-rrpany 780 N 4tn street 0 Centro, CA 92243 (760)3703000 (760) 3373900 fax Construction Observation & Testing 7� �� ° „ Material Testing and Inspection (760) 360-0665 2008/2009 Prevailing Wage Fee Schedule (760) 3603521 fax Field Hourly Rate Technician (Soil/Concrete/Asphalt Concrete) $ 80.00 Inspector (ICBO/AWS/CWI) $ 88.00 Ultrasonic (Level 11) $ 105.00 Staff Engineer/Geologist $ 110.00 Supervisory TechJOperation Manager $ 95.00 Principal Engineer/Geologist $ 175.00 Word Processor/Typist $ 55.00 Fuel Surcharge due to increase m gas price $ 25.00/trip Laboratory Test Max. Density — Op. Moisture (A) $ 165.00 Max. Density — Op. Moisture (B, C, D) $195.00 AC Maximum Density (Marshall) $ 180.00 Check Point $ 66.00 Sieve Analysis $ 112.00 Sand Equivalent $ 75.00 R-Value $ 252.00 CBR (100% Compaction) $ 345.00 Soil Corrosion $ 255.00 Concrete Compression Test $ 23.00 Grout/Mortar Compression Test $ 25.00 Mix Design Review $ 230.00 Masonry Prism Compression Test $ 140.00 AC Extraction/Gradation $ 190.00 Basic Charees HOURS WORKED HOURS BILLED Sample pickup/canceled work 2 Hours 0-4 Hours Worked 2 Hours increments 4-8 Hours Worked Actual Hours 8-12 Hours Worked, Saturdays Time One -Half >12 Hours, Saturdays/Holidays Double Time 098 ATTACHMENT 2 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. MATERIALS TESTING SERVICES The City of La Quirita requires services from this Professional Materials Testing/Geotechnical Laboratory firm to provide, equipment, services and products to be rendered in performing all designated work associated with the project which may include, but are not limited to, performing the following intermittent observation and testing services: • Provide a qualified technician as necessary to conduct density tests on roadway sub - grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered. Marshall density tests on the asphaltic concrete. • Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, and other minor concrete. • Perform compression strength tests on concrete cylinders in accordance with ASTM C39. • Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. • Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. • Reporting of any Non -Compliance results of materials to the City within twenty four (24) hours from the time of sampling. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 099 ATTACHMENT 3 MK M11 illi G�6o-EjngiineersRG�ologists Construction Observation & Testing Material Testing and Inspection 2006 Prevailing Wage Fee Schedule Field Soil Technician Inspector (ICBO/AWS/CWI) Trip Charges (over 50 miles radius) Ultrasonic (Level H) Staff Engineer/Geologist Supervisory Tech./Operation Manager Principal Engineer/Geologist Word Processor/Typist Laboratory Test Max. Density — Op. Moisture (A) Max. Density — Op. Moisture (B, C, D) AC Maximum Density (Marshall) Check Point Sieve Analysis Sand Equivalent R-Value CBR (100% Compaction) Soil Corrosion Concrete Compression Test Grout/Mortar Compression Test Mix Design Review Masonry Prism Compression Test Extraction/Gradation Basic Charges HOURS WORKED Sample pickup/canceled work 0-4 Hours Worked 4-8 Hours Worked 8-12 Hours Worked, Saturdays >12 Hours, Saturdays/Holidays 780 M 4th Street El Centro, CA 92243 (760)370-3000 (760) 337-9900 fax 77-948 WAd=DOVe Palm Desert, CA 92211 060)360-0666 17601360-0521 fax Hourly Rate $ 72.00 $ 80.00 $ 180.00/trip $ 95.00 $ 107.00 $ 88.00 $ 168.00 $ 52.50 $ 156.00 $ 185.00 $172.00 S 63.00 $107.00 $ 72.00 $ 240.00 $ 330.00 $ 245.00 $ 22.00 $ 24.00 $ 220.00 $132.00 $ 180.00 HOURS BILLED 2 Hours 4 Hours Actual Hours Time One -Half Double Time c i00 oq 4 XP Qah(rry COUNCIL/RDA MEETING DATE: ,July 15, 2008 ITEM TITLE: Approval to Extend a Professional Services Agreement (PSA) with NAI Consulting, Inc. to Provide Project Management and Contract Administrative Support Services for Fiscal Year 2008/2009 AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute an extension of Professional Services Agreement with the firm of NAI Consulting, Inc. (PSA) (Attachment 1) for a period of one-year, in an amount not -to -exceed $306,400 to provide Project Management and Contract Administrative Support services. FISCAL IMPLICATIONS: Sufficient funding is available to support the approval of a PSA in the amount of $306,400. The agreement budget is based on the following NAI Consulting, Inc. man hours and billing rates: Contract Position Hours Hourly Rate Total Project Manager 1,800 $125 $225,000 Administrative Support 900 $50 $45,000 Professional Civil Engineer 260 $140 $36,400 Total $306,400 If approved, each of the above contract positions would increase $5 per hour over the existing rates. The professional services associated with the proposed agreement are charged on a time and materials basis and are assigned directly to the capital improvement projects worked on during each billing cycle. The Fiscal Year 2008/2009 Capital Improvement Plan (CIP) has budgeted an amount of $659,31 1 toward Engineering and Professional Services. Staff anticipates that $276,400 of this funding will be used to pay the time and materials charged for project management and contract administration, and professional engineering support for the projects carried over from the previous fiscal 101 year, and for the new projects added during Fiscal Year 2008/2009. It is estimated that $352,911 will be used to pay for design of capital improvement projects. The remaining $30,000 has been set aside for the development of the new capital improvement plan for Fiscal Years 2009/2010 through 2013/2014, the development of a plan for prioritizing repayment of eligible DIF improvements constructed by developers, and/or other special projects. The costs associated with this work are typically paid for from the Public Works Department's Annual Operating Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the spring of 1997, the Public Works/Engineering Department retained the part-time professional services of Lloyd "Nick" Nickerson, owner of NAI Consulting, Inc. to augment existing engineering staff in the Capital Improvement Division. Mr. Nickerson was retained via an interim contract to provide key professional support with respect to contract administration and project management duties through the balance of the 1996/1997 Fiscal Year. In the subsequent fiscal year, the City Council directed staff to request proposals from firms in the engineering community for the type of engineering services performed by Mr. Nickerson. Two proposals were received and evaluated with the City Council awarding a two-year contract to NAI Consulting. It should be noted that NAI Consulting provides a unique service, and staff believes that an RFP for this service is unlikely to generate more proposals from local consultants at this time. In June 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NAI Consulting for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NAI Consulting for the services provided by Mr. Nickerson. During the past four year's, NAI Consulting's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. NAI's flexibility and comprehensive knowledge of the City's operation have proven invaluable to the City and is unlikely to be found in other civil engineering firms. Therefore, staff recommends extending this contract. 102 As in past years, the renewed contract is based on hourly fees, with an amount of $125 per hour for professional project management services, $140 per hour for a professional registered civil engineer, and $50 per hour for administrative support. The proposed hourly rates for project manager, professional registered civil engineer, and administrative support are slightly higher than the rates provided during the previous four years. The increase in costs is directly attributed to the increased costs of professional liability insurance, general liability and automobile liability insurance. NAI Consulting has also agreed to continue providing any reimbursable expenses at cost without markup. Reimbursable expenses include the direct cost of sub -consultant services, printing, postage and/or courier services, etc. Typical services provided by NAI include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval; • Prepare and track project schedules; • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects; • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction; • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements; • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time; • Prepare staff reports for City Council consideration, as necessary. Other work objectives include the: • Preparation of the City's annual 5-year Capital Improvement Program; and • Preparation of a Prioritization Funding Plan for the eligible DIF improvements constructed by developers. Another option in lieu of extending the NAI Consulting Contract would be to obtain these services through the Request for Proposal (RFP) (Attachment 2) process. A "Draft" RFP outlining these services has been prepared and is attached for City Council consideration. If the City Council chooses to issue an RFP, NAI Consulting has agreed to continue on a month -to -month basis through the conclusion of the RFP process. 103 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute an extension of Professional Services Agreement with the firm of NAI Consulting, Inc. (PSA) (Attachment 1) for a period of one-year, in an amount not -to -exceed $306,400 to provide Project Management and Contract Administrative Support services.; or 2. Direct staff to issue an RFP to obtain these services; or 3. Provide staff with alternative direction. Respectfully submitted, a OJ Kn/ Timothy R. Jo i a son, .E. Public Works it ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement 2. Request for Proposal 104 Last Revised 1-19-07 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NAI Consulting, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Public Works Department, Capital Improvement Plan, Project Management, Contract Management, and Program Administrative Services for Fiscal Year 2008-2009, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 105 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred Six Thousand Four Hundred Dollars ($306,400) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based i06 upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 107 3.4 Term. Consultant shall complete all services within the time allowed by the total contract sum (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Lloyd "Nick" Nickerson, Jr., President a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P E Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or 108 employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, log trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees 1 � 0 of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the 111 liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. IL Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992 (or its equivalent)• Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such 113 proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 114 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 115 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, 116 discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render 117 unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 118 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: NAI Consulting, Inc. Attention: Lloyd "Nick" Nickerson, Jr. President 68-955 Adelina Road Cathedral City, CA 92234 119 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: 120 Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney NAI CONSULTING, INC. 0 Name: LLOYD NICKERSON, JR. Title: President Date: July 15, 2008 121 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council consideration, as necessary. Other work objectives include the: • Preparation of the City's annual 5-year Capital Improvement Program; and Preparation of a Prioritization Process and/or Funding Plan for the eligible DIF improvements constructed by developers. 122 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Three Hundred Eight Thousand Five Hundred Eighty Dollars ($308,580.00) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a monthly basis for time and materials expended. All man-hour costs to be billed at the following hourly rates. Project Manager/Administrator Professional Civil Engineer Design Engineer CAD Draftsman Project Technician Secretarial Support $125.00 per hour $134.00 per hour $1 10.00 per hour $85.00 per hour $85.00 per hour $50.00 per hour Any reimbursable expenses shall be provided at cost, without mark-up or additional overhead. 123 Exhibit C Schedule of Performance Consultant shall complete all services within the TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. 124 Last Revised 1-19-07 Exhibit D Special Requirements NONE. i�5 ATTACHMENT 2 CITY OF LA QUINTA PROJECT MANAGER/CONTRACT ADMINISTRATOR REQUEST FOR PROPOSAL The City of La Quinta requests proposals from qualified firms to provide Project Management and Contract Administrative Services for the City of La Quinta's Public Works Department. The project manager will be the central point of contact for the overall coordination of the City's Capital Improvement Program (CIP). The project manager will serve as an extension of the City staff. As such, the selected individual will be dedicated to the Public Works Department and will provide as much and/or as little time necessary to accomplish project work objectives. The project manager will be fully supported by other Firm professionals and administrative staff. Specific expertise the City is seeking includes: Direct Project Management experience with the design, development and construction of Municipal Capital Improvement Projects Direct experience with the public bidding and prevailing wage processes Current working knowledge of the requirements to administer and maintain regional, state and/or federal funding Current working knowledge of Municipal Developer Impact Fee Programs Current working knowledge of the Coachella Valley Regional Transportation Uniform Mitigation Fee (TUMF) Program Direct experience in developing a Municipal 5 Year Capital Improvement Program and facilitating approval through the City's administrative structure Direct experience in preparing prioritization processes and funding plans for public works improvements Services Requested Typical services to be provided may include, but not be limited to: 1. Project Management - Responsible for overall management and coordination of the City's approved capital improvement projects, including but not limited to the following tasks: Prepare correspondence, reports, and memorandums Prepare project status reports Participate in telephone conference calls Coordinate with city departments Coordinate with other regulatory agencies. 126 2. Design/Management Consultants - Responsible for coordinating and administering improvements through the development process. Including, but not limited to: • Prepare RFP's and SOQ's as needed for city review • Administer the consultant selection process • Assist in contract negotiations • Manage/Coordinate consultants' performance • Monitor consultants' schedules and budgets • Assist in resolving design and construction conflicts or other issues 3. Bidding Assistance - Responsible for overseeing the following tasks: • Coordinate the preparation of bid specifications in accordance with the City of La Quinta Municipal Code • Review plans for compliance with City Standards • Review bids for responsiveness to bid documents • Analysis of bids prior to contract award • Assist in contract dispute resolution 4. Master Schedule/Budget - Responsible for actively managing both the schedule and budget of all consultants and individual capital projects. • Accountable for the end budget for each capital project • Accountable for the master schedule of each capital project • Monitor and report monthly on budget vs. actual expenditures, and contract time vs. actual time. 5. Meetings/Agendas/Staff Reports - Responsible for preparing for, participating in, and following up on an assortment of meetings. • Participate in regularly scheduled staff meetings • Attend City Council Meetings on project related matters • Prepare Meeting Agendas, Decision Logs, Submittal Logs, etc. • Prepare Staff Reports for City Council consideration In addition, the Project Manager will: Prepare the City's 5-Year Capital Improvement Program; Update the City's Development Impact Fee (DIF) Study; Prepare a Prioritization Process and/or Funding Plan for the eligible DIF Improvements constructed by developers; and Prepare an analysis of the Regional TUMF Program as it relates to the City of La Quinta. 127 Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before 2008 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) - submit 4 copies Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. Project Understanding and Approach A description of your project understanding, and how you will approach the project. Scope of Work A description of the tasks, sub -tasks, and deliverables that will be provided. 128 Project Schedule A project schedule is to be submitted describing the nature and scheduling of proposed tasks. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 129 Tihf 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 15, 2008 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval of an Amendment to the STUDY SESSION: Professional Services Agreement with PSOMAS for PUBLIC HEARING: Construction Inspection Services RECOMMENDATION: Approve an Amendment to the Professional Services Agreement (PSA) with PSOMAS for Construction Inspection Services (Attachment 1) and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: Attachment 1 is the Amendment to the PSA with PSOMAS and includes a revised "Exhibit B" ("Schedule of Compensation") showing the new flat rate of $105 per hour for construction inspection services and a new flat rate of $165 per hour for construction management have been requested by PSOMAS to accommodate a cost of living adjustment. The old rates were $97 per hour for construction inspection services and $129 per hour for construction management. The old rates have been in effect for the past two years. If approved, the new rates will be locked in for the next two years. The Agreement is based on time and materials. The Fiscal Year 2008-2009 budget includes $350,000 in account 101-7006-431.32-07 for contract inspection. CHARTER CITY IMPLICATIONS: None. This contract requires the contractor to pay prevailing wages. 130 BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposal (RFP) for construction inspection services. On August 1, 2006, City Council approved a Professional Services Agreement (PSA) for construction inspection services with PSOMAS. The Agreement called for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. PSOMAS has performed well during the initial term therefore staff recommends extending this contract. If approved by City Council, the Amendment would extend the term of the PSA for an additional two (2) years, beginning August 2, 2008 and ending August 1, 2010 (extended term). The Agreement is based on "time and materials". The Amendment also includes new rates as shown in Exhibit "B" of the Amendment (Attachment 1). The Scope of Services for the existing PSA is included as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an Amendment to the Professional Services Agreement with PSOMAS for Construction Inspection Services and authorize the City Manager to execute the Amendment; or 2. Do not approve an Amendment to the Professional Services Agreement with PSOMAS for Construction Inspection Services and do not authorize the City Manager to execute the Amendment; or 3. Provide staff with alternative direction. Respectfully submitted, r,44,1 a J Timothy R. Jon s on, .E. Public Works D ctor/City Engineer 131 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment to Professional Services Agreement with PSOMAS for Construction Inspection Services 2. Scope of Services (Exhibit A) of the Existing Professional Services Agreement with PSOMAS for Construction Inspection Services 132 ATTACHMENT 1 AMENDMENT TO AGREEMENT BETWEEN PSOMAS AND CITY OF LA QUINTA This Amendment to the Professional Services Agreement for Construction Inspection Services, made and entered into on July 15, 2008, by and between the PSOMAS, herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City". WITNESSETH: WHEREAS, the CITY is desirous of Amending its Professional Services Agreement for Construction Inspection Services with Contractor to provide for an additional two (2) years of service; and WHEREAS, the CONTRACTOR, is agreeable to rendering services to the City on the terms and conditions contained in the Agreement for Construction Inspection Services between Contractor and City. IT IS AGREED that "Paragraph 3.4" of said Agreement is hereby amended to read in its entirety as follows: A. Term: Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2008 and terminate on August 1, 2010 (extended term). IT IS AGREED that "Paragraph 2.1 Compensation" of said Agreement is hereby amended to read in its entirety as follows: For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the attached Exhibit "B" (the "Schedule of Compensation") at a flat rate of $105.00 per hour for construction inspection services and a flat rate of $165.00 per hour for construction management. PSOMAS Construction Inspectors will be assigned to the City from a pool of the following individuals: Jim Arrender, Tim Stanley, Derrick Watkins, Pat Johnson, Michael Payment, Juan Rey, Joe Ruzicka and John Barrett. Yuri Boiarski will be assigned as the Construction Manager. PSOMAS shall get City's approval prior to re -assigning any other individuals to work for the City other than those named above. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the dates stated below. CITY OF LA QUINTA Dated: By: THOMAS P. GENOVESE City Manager 133 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: PSOMAS By: Name: Title: "CONTRACTOR" 134 May 23, 2008 Mr. Tim Jonasson Public Works Director! City Engineer CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92247-1504 Subject: Revised Rate Sheet for Construction Inspection Services Dear Mr. Jonasson: RECEIVED MAY 2 81D08 PUBLIC WORKS Attached is our new rate sheet for inspection services through the contract period of 2010. As you can see, we have increased our rates to cover the extended period (total of four years from the initial start date). Psomas is committed to providing experienced staff to the City, as well as additional support. We recently provided a 10-hour OSHA training to City staff, and have also shared Psomas' safety program with the City. We are pleased to be a part of the City's team in successfully implementing its capital and land development projects, while also focusing on achieving this success by adhering to the City's mission statement. Should you have any questions regarding this proposal, please do not hesitate to contact me. I may be reached at (858) 583-8596. Sincerely, PSOMAS (a- L& .� Carl Wallace, PE Vice President 3187 Bed Hill Awme Suite 250 Costa Mesa. CA 92826 714751.7373 714.545.03 Fax vmw.Psmaccom PSOMAS CONSTRUCTION MANAGEMENT GROUP SOUTHERN CALIFORNIA REGION HOURLY FEE SCHEDULE Rates effective through April 30, 2010 City of La Quints Cost Proposal POSITION BILLING RATES Principal -in -Charge $ 195.00 to $ 235.00 Carl Wallace - Project Officer $205 Project Director $ 165.00 to $ 215.00 Project Manager/Construction Manager $ 120.00 to $ 195.00 Yuri Boiarski - Const Manager $165 Senior Resident Engineer $ 135.00 to $ 185.00 Resident Engineer $ 115.00 to $ 155.00 Assistant RE / Office Engineer $ 105.00 to $ 140.00 Construction Inspector $ 100.00 to $ 125.00 Juan Rey - Sr Const Inspector $105 Mike Payment - Sr Const Inspector $105 Jim Arender- SrConstInspector $105 Joe Ruzicka - Sr Const Inspector $105 Derrick Watkins - Sr Const Inspector $105 Tim Stanley - Sr Const Inspector $105 John Barrett - Sr Const Inspector $105 Pat Johnson - Sr Const Inspector $105 Executive Assistant $ 65.00 to $ 85.00 Kerri Melnikoff - Project Assistant $75 Project Administrator $ 65.00 to $ 95.00 Administrative Assistant $ 60.00 to $ 85.00 Rates include miscellaneous related costs: vehicle, cell phone, digital camera and standard tools and equipment. All other direct expenses will be billed at cost plus 10%. Overtime will be charged at 135percent of the regular hourly rate. Sundays and holidays will be charged at 170 percent of the regular hourly rate. All Subconsultant rates will be marked up by a rate of 15 percent. The above ranges for Construction Inspector are in compliance with SB1999 pertaining to prevailing wage requirments. 13s A shift which commences after 2:00pm or before 4:00am, during any twenty-four hour period, commencing at 12:01am is subject to a twelve and one-half percent (12.5%) differential. Specific billing rates can be determined based on actual individual employee rates or as an average by position. 137 ATTACHMENT 2 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: CONSTRUCTION INSPECTOR 1. Provide qualified technical field representative to monitor the construction of a variety of public works Capital Improvement and private development construction projects. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. 138 Titr 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 15, 2008 BUSINESS SESSION: ITEM TITLE: Approval of an Amendment to the CONSENT CALENDAR: Professional Services Agreement with Tri-State Land Surveyors & Civil Engineering, Inc, for Construction STUDY SESSION: Surveying Services PUBLIC HEARING: RECOMMENDATION: Approve an Amendment to the Professional Services Agreement (PSA) with Tri-State Land Surveyors & Civil Engineering, Inc. for Construction Surveying Services (Attachment 1) and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: Attachment 1 is the Amendment to the PSA with Tri-State Land Surveyors & Civil Engineering, Inc. It includes a revised "Exhibit B" (the "Schedule of Compensation") showing the new rates which have increased from the original rates to accommodate cost of living adjustments. The new rates will be locked in for the next two years. The Agreement is based on time and materials. Construction surveying services will be paid out of the individual CIP project budgets. Below is a comparison of existing rates and new rates: Work Description 2 Person Survey Crew 3 Person Survey Crew Office Calcs Professional Land Surveyor Review CHARTER CITY IMPLICATIONS: Existing Rate New Rate $145 $170 $185 $210 $110 $115 $110 $115 None. This contract requires the contractor to pay prevailing wages. 139 BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposals (RFP) for construction surveying services. On August 1, 2006, City Council approved a Professional Services Agreement (PSA) for construction surveying services with Tri-State Land Surveyors & Civil Engineers, Inc. The Agreement called for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. Tri-State has performed well during the initial term therefore staff recommends extending this contract. If approved by City Council, the Amendment would extend the term of the PSA for an additional two (2) years, beginning August 2, 2008 and ending August 1, 2010 (extended term). The Agreement is based on "time and materials". The Amendment also includes new rates as shown in Exhibit "B" of the Amendment (Attachment 1). The Scope of Services for the existing PSA is included as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Amendment to the Professional Services Agreement with Tri- State Land Surveyors & Civil Engineers, Inc. for Construction Surveying Services and authorize the City Manager to execute the Amendment; or 2. Do not approve an Amendment to the Professional Services Agreement with Tri-State Land Surveyors & Civil Engineers, Inc. for Construction Surveying Services and do not authorize the City Manager to execute the Amendment; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jon ss n, P. . Public Works Di or/City Engineer 140 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Amendment to Professional Services Agreement with Tri-State Land Surveyors & Civil Engineers, Inc. for Construction Surveying Services 2. Scope of Services (Exhibit A) of existing Professional Services Agreement with Tri-State Land Surveyors & Civil Engineers, Inc. for Construction Surveying Services 141 142 ATTACHMENT 1 AMENDMENT TO AGREEMENT BETWEEN TRI-STATE LAND SURVEYORS & CIVIL ENGINEERS INC. AND CITY OF LA QUINTA This Amendment to the Professional Services Agreement for Construction Surveying Services, made and entered into on July 15, 2008, by and between the Tri- State Land Surveyors & Civil Engineers, Inc., herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City". WITNESSETH: WHEREAS, the CITY is desirous of Amending its Professional Services Agreement for Construction Surveying Services with Contractor to provide for an additional two (2) years of service; and WHEREAS, the CONTRACTOR, is agreeable to rendering services to the City on the terms and conditions contained in the Agreement for Construction Surveying Services between Contractor and City. IT IS AGREED that "Paragraph 3.4" of said Agreement is hereby amended to read in its entirety as follows: A. Term: Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2008 and terminate on August 1, 2010 (extended term). IT IS AGREED that the Contractor shall be compensated for the services rendered pursuant to this Agreement, in accordance with the attached Exhibit "B" (the "Schedule of Compensation"). IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the dates stated below. Dated: CITY OF LA QUINTA as THOMAS P. GENOVESE City Manager ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk 143 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: Tri-State Land Surveyors & Civil Engineers Inc. Name: Title: "CONTRACTOR" 144 EXHIBIT B TRI.,STATE LANd SURVEYORS & Civil ENgiNEERS, INC. 78,120 CAVE EsTAdo, SURE 102, LA OWNTA, CAUFORMA 92253 QL (760) 564.0271 (800) 363-b306 FAX (760) 564,0279 June 16, 2008 City of La Quints Attn: Timothy R. Jonasson 78-495 Calle Tampico La Quinta, CA 92247-1504 Re: Professional Services Agreement Executed August 3, 2006 Construction Surveying Services Dear Mr. Jonasson: JUN 161006 Development Serviaei It has come to our attention that the above referenced Agreement will expire on August 1, 2008. Pursuant to Item 3.4 of said Agreement: "... upon mutual agreement by both parties, the term may be extended up to one additional two-year term (extended term)." Therefore, we provide this letter as our request to extend our Agreement through August 1, 2010. We provide our current hourly rates which we request be integrated as the Schedule of Compensation in the extended Agreement: 2 Person Survey Crew $170.00 3 Person Survey Crew $210.00 Office Calculations $115.00 Professional Land Surveyor Review $115.00 Thank you for your consideration. Please contact me if you require anything further. Sincerely, Dale Grinager DG/mm 145 140 ATTACHMENT 2 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. CONSTRUCTION SURVEYING SERVICES The City of La Quinta requires service from this Land Surveying firm to provide Construction Surveying Services. Services and products to be rendered in performing all work associated with the project may include, but are not limited to; the Engineering Consultant shall be required to provide one set of construction stakes for each of the following items as detailed: 1. Survey Control - Will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed. 2. Clearing / Removals - One set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. 3. Rough Grade - (A) One set of grid stakes at 50' intervals. Stakes will indicate cut or fill to finish grade as shown on approved mass grading plan. (B) One set of stakes at 25' intervals and all angle points with appropriate cut or fill. (C) Provide one set of offset stakes for sidewalks at 25' intervals, grade breaks and angle points with cut or fill to finish surface. 4. Finish Grade- (A) Provide one set of stakes to delineate at 25' intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25' intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications - prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. 5. Retaining/Garden Wall - Provide one (1) set of offset, line and grade stakes for wall construction set at fifty (50) foot intervals with appropriate cut or fill to top of footing. 6. Bridge Structures- Provide one set of stakes for foundation layout and deck grades. 7. Entrance Structures- Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. 8. Building Foundations- Provide one set of stakes at an offset of 10'x1O' to the building corners, one stake per corner with grades to the finish pad. 9. Water, Sewer, Storm Drain, or Irrigation Lines- Provide one set of offset stakes at 50' intervals with grades to finish surface. 1O.Drainage Boxes- Provide one set of stakes at a 5' offset to centerline of box with grades to top of grate 11.Tree Locations- Provide one stake at centerline of each tree location. Page 10 of 14 147 12.Project Administration - The Engineer of Work shall be available during the length of the project to address any questions or concerns which may arise. Three (3) sets of Grade Sheets shall be prepared and submitted to the City of La Quints within 48 hours of the receipt of the 'Staking Request" for the said work. 13.Office Calculations and Supervision - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. 148 Page 11 of 14 i maw cFM OF TKE9w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 15, 2008 BUSINESS SESSION: ITEM TITLE: Approval to Award a Contract to CONSENT CALENDAR: Skanska USA Civil West California District Inc. to Construct the Avenue 58 Pavement Rehabilitation STUDY SESSION: Improvements, Project No. 2007-18B PUBLIC HEARING: RECOMMENDATION: -Lz Award a contract, in the amount of $898,000, to Skanska USA Civil West to construct the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007- 18B. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 58 Pavement Rehabilitation Improvements project: General Fund $558,069 SB-1266 660,937 Total Funding Available: $1,219,006 Based upon the low bid received from Skanska USA Civil West in the amount $898,000, the following is the anticipated project budget: Design: $60,000 Construction: $898,000 Inspection/Testing/Survey: $70,000 Administration: $45,140 Contingency: $145,866 Total: $1,219,006 149 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with SB-1266 State funds. As such, the project was bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The purpose of this project is to rehabilitate the pavement on Avenue 58 between Madison Street and Jefferson Street. In order to address the conversion of a former county road to the City's urban arterial street standard, Avenue 58 must be reconstructed with a new centerline profile and enhanced structural section. The project will not increase roadway capacity or add landscaping. All existing curb, gutter and driveways will remain in place as currently constructed. No additional right of way is needed to construct this project. On July 27, 2007, the City Council adopted a resolution approving the Operating Budget for Fiscal Year 2007/2008. Sufficient funding for the Avenue 58 Pavement Rehabilitation Improvements project was included in the operating budget for the Public Works Department to proceed with the design and construction of the project. On September 18, 2007, the City Council authorized staff to distribute a Request for Proposal(RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-18B and appointed a Consultant Selection Committee. On December 4, 2007, the City Council awarded a design contract to Dudek Inc., of Palm Desert, CA in the amount of $69,795 to prepare plans, specifications and engineer's estimate for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the Golf Cart Route on Eisenhower Drive, Project No. 2007-09. Of the amount awarded, $52,435 was associated with designing the Avenue 58 Pavement Rehabilitation Improvement project. On May 20, 2008, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-18B. 150 On July 2, 2008, eight sealed bids were received for the construction of this project. Skanska USA Civil West submitted the lowest responsive combined bid in the amount of $898,000. The basis of award is the lowest combined price of all bid items. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. The Engineer's estimate for the project is $963,972.00. Contingent upon City Council authorization to award a contract to Skanska USA Civil West on July 15, 2008, the following is the anticipated project schedule: City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: July 15, 2008 July 16 — August 3, 2008 August 2008 — October 2008 November 2008 The alternatives available to the City Council include: 1. Award a contract, in the amount of $898,000, to Skanska USA Civil West to construct the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-186; or 2. Do not award a contract, in the amount of $898,000, to Skanska USA Civil West to construct the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-186; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. JonHon, on, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 15 1 Attachment: 1 . Bid Comparison Summary 152 z O ~ 00 5 J ZX Fa O W N N Qcc z w O W y LL� 7 G O> F a Ha w o V U W X O a m z W 'a 0 0 0 0 om o 0 0 0 0 aSS8S8_��8gj ❑ W O 4 ry kb _ C W Up e O O O P O O p V O O O O ppO Z O O O O O O O O O O W O O 00 O vl ry O � O 0 O O Q ❑ W 00 � vni $ W 8 P S S � � pp O W O O O o S� 0 0 0 0 0 OO O 0 0 O O 0 O O � ❑ W o 0 0- 4 m cm. 4 _ �U vi vio �6 vi�n nvn _ 6 is W8p8�88�pS888 E d e o 8 w o ❑ o 0 0 0 0 0 0 0 0 o W 48 a zurvoaC� 6,6 w `e<ry a W y 0 o 8 o, �.+ o N �, �o .� o0 00 0 0 0 0 h F U 6 m 0 o ry _�o Z P O 0 0 0 0 0 0 0 0 0 0 ❑bl o�8n vic$n8 K 6 w w w m 88 8 S S S 6 E' O O O - O F VI N Vi 4 Y. 4. 4. It W Q Q N F F h C ? � v Z E O a V k ❑ C Q `v o � 22 U �+ 'y N E Z F C❑ p p p p � M1i p p O L❑ RI 0 p_ �� b tmn r p O y k b G O y� U � V 88 �rvi=vv'^io8S8 .7 ❑ qW-88 � O O O O O O O O 00 - �a dor�o d� -e6rv_ a k b _ VO O8 Op P r P r�+i N� O O O L 8 p 8 Z � ❑ O O O O O O O w� O O O 1 O p ❑ W Z U o 8 Oo Oo o r` oa m o 1� _ ow rn e o o a u W e W e � �BpS��'^aSpS88 N asoo�^�-psSao Z w � ❑ o 0 0 o P N o 0 o e dJ W o88�m�pm°J $ a �zU ❑WBop Nw�om"dN nm�_<m> g - U w Eo 0 o P n o 0 0 6 P 0 o c o 0 0 0 0 0 X W u SBS$$8S88800 bo �o Z w nw P J a vLLi N y yHN 88 F m C z w 45 Z z ❑ Q `v A r � V_ _ Q U N a - o O c(jUK a vOi .qu O V vI > F H'❑'z`aa u°U z"i3 o zZ S - - - - - W F Attachment 1 153 T"af 4 4 a" COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Authorization for Overnight Travel for Two Staff Members to Attend the California Chapter of the American Planning Association Conference in Hollywood, California, September 21-24, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -oL STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for two staff members to attend the four - day California Chapter American Planning Association Conference in Hollywood, CA from September 21 to September 24, 2008. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Planning Administration Training & Meetings, Account No. 101-6001-463.51.01. The breakdown, per person of expenditures anticipated for this conference is as follows: • Conference Enrollment — Early Registration $450 • Travel $160 • Meals ($35 for 4 days; most meals included in registration) $140 • Lodging ($216 x 3) $650 Total $1,400 CHARTER CITY IMPLICATIONS: None. 154 BACKGROUND AND OVERVIEW: The four -day 2008 State American Planning Association Conference focuses on planning issues affecting local governments. Seminar information is included in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the two staff members to attend the four -day American Planning Association Conference in Hollywood CA from September 21 to September 24, 2008; or 2. Do not approve authorization for overnight travel for the two staff members to attend the four -day American Planning Association Conference in Hollywood CA from September 21 to September 24, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material 15� 2008 Conference - CCAPA ATTACHMENT 1 California Chapter AMERICAN PLANNING AS6OC1ATMN About Us Membership Events Legislation Professional Dev, Jobs Cal Planner Resources _ Local .Sections News Room _ Contact Us User Name: I Password. Remember Login: j✓ Log In Forgot your password? Or, to request a login for this site, click here. 2008 Conference Welcome to the online home of the 2008 CCAPA Annual Conference "CCAPA Hollywood 2008" in He Please check back regularly for updates to this website. APA is coming to Hollywood! Save the Datei, California State APA Conference Sept 21 - 24 2008 Renaissance Hollywood Hotel And in true Hollywood style, please check out the special 2008 Hollywood Conference Video Tre Office Lights Planning Action! The California Chapter presents a statewide conference annually that provide networking and educ for its members. These popular conferences attract planning professionals from throughout Californi and around the world. Conferences include an opening reception in a spectacular venue, keynote speakers, concurrent tra seminars including practical "nuts and bolts" sessions, mobile workshops to local planning related awards luncheon, and the California Planning Foundation auction to fund scholarships for planning s The conference will officially start on Sunday, September 21st and conclude on Wednesday, Septeml Conference Registration: • Online Registration Early registration deadline - 7116108. For Changes or Additions to your Registration, click here • Registration Form Printable registration form in PDF format Hotel Reservation: • Renaissance Hollywood Hotel $189 Single/Double room rate from September 21-24, 2008 (Sun -Wed). Cut-off date August 22, 2008 — subject to availability. Please book early! Schedule and Highlights: • Conference at a Glance • Mobile Workshop Descriptions 156 .............7.,..., 5/27/2008 2008 Conference - CCAPA Page 2 of 2 Conference Opportunities: "All Booth Space is Sold Cull" Please contact Ibynder@meetingsxceptional.com to be put on a waiting list. Sponsorship Opportunities are still available. • Call for Presentations • Exhibitor Opportunities • Exhibitor Floor Plan • Sponsor Opportunities Conference Sessions: • 2008 Conference Session Proposal Form Membership Management Services and Web Site Design '57 --1 5/27/2008 TENTATIVE SCH--DULF_ 9:00 am - 8:00 pm Conference Registration 9:00 am - 4:00 pm APACA Board Meeting 10:00 - 11:15 am Student Session 10:00 am - 1:00 pm Exhibitor Set-up 10:30 am - 4:00 pm Leadership Meetings 11:00 am - 1:00 pm Student Awards Lunch 1:15 - 2:30 pm Sunday Sessions 4f Public, Private, Non -Profit Roundable Moving Mecca Forward: A Collaborative Planning Process in Riverside County General Plans: Not Just for Planners, also a Framework for Communication and Decision -making in Ontario Sacramento Railyards: Lessons in Redevelopment Rancho Palos Verdes Coast: A Vision for Weaving an NCPP, Civic and Park Spaces Into the Fabric of a Community San Ramon City Center Project: How Simple Steps Can Lead to Significant Results in Mitigating Greenhouse Gas Emissions 1:00 - 4:00 pm Student Sessions (continued) 1:00 - 6:00 pm Exhibits Open 1:30 - 2:30 pm Behind the Scones Tour of Kodak Theatre (additional fee applies) 2:30 - 3:45 pm Sunday Sessions e2 Starting Your Planning Career How the Vista Hermosa Natural Park became the solution to the Belmont Learning Complex Great Neighborhoods, Great Cities: Best Practices in City of Riverside Revitalizing First Ring Suburbs: Case Study of El Monte Pasadena's Bungalow Heaven: From Hell to the National Register Innovative and Comprehensive Planning in the Lake Tahoe Basin 4:00 - 6:30 pm Diversity Summit/Student Reception 4:00 - 6:30 pm MW 1l1 - Runyon Canyon Hike & Tour (additional $20 fee) 4:00 - 6:30 pm MW N2 - Griffith Observatory & Park Tour (additional $40 fee) 6:30 - 10:30 pm Opening Reception at The Highlands Club ¢¢.. 7:30 am - 6.30 pm Conference Registration/Exhibits Open 7:30 - 8:45 am Continental Breakfast, Exhibit Hell 8:45 - 10:00 am Opening Plenary 9:00 am - 12:00 noon MW 97- West Hollywood City Tour,- (additional S40 fee) 10:00 am - 12:00 noon MW N3 - Public Art Tour via the Radline (additional $20 fee) 10:00 am - 1:00 pm MW q4 - Los Angeles Port Waterfront 8 Harbor Boat Tour (additional 560 fee) 10:00 am - 3:00 pm MW k5 - Playa Vista Mixed Use Development & Habitat Restoration Tour, includes lunch (additional 360 fee) WAS - 11:45 am Sessions Block #1 Transportation Models for the Future Planning for Healthy Communities and Active Living Bloggers at the Gates - Public Participation in an Era of Guerilla Communication Economic Development Results of Business Improvement Districts No Child Left Inside - Design... Innovative Methods for Suburban Transit Oriented Development Is a State Plan Necessary for California Latino Urbanism in Los Angeles New CEOA Techniques: Avoiding the Full Monty City in the Sky: Urban Rooftops Shared Space: Stripping the Street Environment for Everyone's Benefit Transforming Historic Downtowns the Green Way CEOA, NEPA and Climate Change 2008 11.45 - 1:15 pm Hollywood Roundtable Lunch 1:15 - 2:30pm Session Block a2 Transportation and Urban Design: From Paris to Los Angeles Smart Growth Meets Smart Eating Maintaining Successful Development Partnerships in a Changing Market The SB 1818 Minefield Water Efficient Landscaping Policies and Practices schedule continued on next page... 158 TENTATIVE SCHEDULE .v;41 Environmental Protection or Smart Growth? Urban Inflll and Land Use Compatibility Regional Outreach, Local Action: Blueprint Implementation Igniting Communities of Color. New Approaches to Civic Engagement New Mandates for Local Hazard Mitigation Greenhouse Gases and Smart Growth What Your Community Needs to Know About Transit Oriented Development Historic Resources Surveys Evaluating Greenhouse Gas in a Vacuum: Defining the rule of A832 and CEDA 2:30 - 3:00 pm Afternoon Break/Silent Auction Opens, Exhibit Hell 2:30 - 5:00 pm MW 96 - LA LIVEIDowntown LA Lofts Tour, (additional S60 fee) 3:00 - 4:15 pm Session Block #3 High Speed Train - a Solution to a Transportation Crisis Healthy Communities - Planning, Transportation and Redevelopment Effective Communication between Planning Staff and Elected/Appointed Officials Cinema and the City Bay Area Regional Emergency Coordination Plans Housing Advocates and Developers Adaptive Reuse Inclusionary Practices for a Mufti -Cultural Society Group Homes, Local Planning, and Fair Housing Laws Hollywood's Future: Focusing Growth in the Regional Center Greening California Communities . Sustainability North and South Gray to Green - Transforming Urban Areas with New Park Space Grid/StreeVPlace - Mapping Organic Urban Districts APACA Sections Congress 4:30 - 5:45 pm Session Block #4 Common Ground - Cycling and Duality of Life What is a Food Plan and Who Needs One? What Counwlmembers Really Want SB2 - The Key to Opening the Door to Homelessness Case Studies in River Natumlization and De -Channeling Moving Mecca Through Collaborative Planning What Happened to CEOA? Latinos USA - Reshaping the Suburbs Legal Challenges Facing Mixed -Use Developments Global Warming Session The Diverse, Evolving Application of Forth Based Codes New Life in the City What's Your Shade of Green? Customizing Climate Change Plans 4:30 - 5:45 pm California Sections Congress 5:45 - 9:00 pm I CPF Reception, Silent & Live Auction, Exhibit Hall Wl 7:30 - 9:00 am Continental Breakfast, Exhibit Hall 7:30 - 6:30 pm Conference Registration 8:30 - 11:45 am MW #8 - Mulholland Open Space & Overtook Tour (additional $40 fee) MW #9 - LEED-Certified/Green Buildings in Santa Monica & West LA (additional $60 fee) 9:00 - 10:15 am Session Block #5 General Plan Circulation Elements - A Shift in Paradigm Planning Healthy Active Communities in Latino Neighborhoods Grassroots Urban Planning: What Realty Works and What Doesn't Downtown Building: Need a Little Nip/Tuck? Mending the Urban Fabric with Cap Parks Historic Preservation Session Alternative Formats for General Plans Greenhouse Gases Legal Session 2008 CEQA Update: Good, Bad, Ugly Ecc-Design / Eco-Villages schedule continued on next page... i5� TENTATIVE SCHEDULE r-�_7\7`11kCV`�y� 1®Y�a�8i1 Mansionization Ordinances -A Discussion with Stakeholders What is the Right Mix for Mixed Use Developments? The Planners Guide to LEED Career Planning Option in City and Environmental Planning 10:16 - 11:30 am Session Block 96 Transportabon Funding and Financing Weaving Health into California Land Use Policy Collaboration and Consensus Building Participatory Workshop Redevelopment Requirements and Housing Elements Yours, MINE, and Ours - Mines as Attractions The Aging Tsumani The Many Faces of Historic Preservation: Growth and Social Equity Property Rights, Takings, and Exactions: An Update Greening the Port Transit Oriented Development: Gentification or Affordability California Planning Foundation Sustalnability Tours - Lessons Learned Achieving Sustainable Results: Public and Private Efforts and Coordination Developing Successful RFPs 11:30 am - 1:30 pm APACA Awards Luncheon 1:30 - 2:45 pm Session Block e7 Goods Movement Using GIS and Health Data to Develop Planning Policy Using Collaboration to Implement Plans Bridging the Town -Gown Divide Floodsafe General Plans Urban Hillside Development Tribal Gaming and Community Planning Hollywood Entertainment District (Guerilla Planning - Hollywood as a Case Study) Navigating the LAFCO Maze Cost of Going Green Corridors 101 Leadership During Periods of Change Green Building Showdown: Which Green Building Program is Right for Your Community 1:30 - 6.30 pm MW 810 - Universal Studios Backstage 8 Future Land Use Plan Tour (additional S60 feel 2:45 - 3:15 pm Afternoon Break in Exhibit Hall 3:16 - 4:30 pm Session Block e8 Implementing the Parking Paradigm Shift Food Access and Distribution Public Outreach - Keeping Up With the Sanchezes and Sathialinguns Best Practices in Inclusionary Housing - What Works and What Doesn't Tapping the Future: Providing for Future Water Needs Planner Emeritus Network - Successful Entertainment Projects: Past, Present, Future Tribal Nations in Regional Planning Communicating Clearly = Plans that Engage the Public CEOA Jeopardy Leveraging Green Infrastructure Three Cities and Urban Design Making Freeways Your Friend Act I and Act III - Policies and Products for Green Building 4:30 - 6:46 pro Session Block 49 Small Buses for All. Community Transit in Palo Alto Food Miles and Food Points Beyond the Workshop - A Dialogue on Dialogue Evolution of Medium Density Housing - Ready Your Regulations Electricity Planning to Keep the Lights On California Cities Cue Industry Deconstructing the Jobs / Housing Balance Development Economics for Land Use Professionals schedule continued on next page... 160 TENTATIVE SCHEDULE TAR a Ins and Outs of Conflicts and Public Notice Modernism and Historic Preservation Innovative Signage Districts Interdependence of Urban Living and Transportation Greening Los Angeles' Industrial Future 3 Act Play: The Life of a Green Program 6:00 - 7:00 pm Leadership Reception 600 - 8:00 pm Consultants Reception - (Exhibitor tear -down after reception), Exhibit Hall 8,00 pm - On Night on the Town (Attendees are on their own to explore Hollywood's greatest sites ) 8:15 - 9.30 pm MIN 1111 -Hollywood Neon Lights Parry Bus Tour (all day, additional $60 fee) WEDNESDAY, 7:30 - 8:15 am Conference Registration/Coffee Service 7:30 - 8:30 am Exhibitor Tear -down 8:15 - 9:30 am Session Block •10 Ethics Training Design For a Livable Downtown Using Steering Committees Effectively Industrial Land For Housing - Does it Make Sense? Buses, Trains, Less Automobiles City Making in a Global Setting Wireless Industry Site Development Update Media Training 9:45 - IIWO am Session Block Mt1 Ethics Training - Continued AICP Training Save your Community's Culture and Heritage Film Panel Planning for Child Care - We Do We Park the Kids? Planning for the Peak - OIL Urban Design Principles Planning Academy 101 11:15 am - 1-00 pm Closing Brunch and Keynote, El Capitan Theatre NOTE: This is a tentative schedule and may change without nonce. Please check at the conference registration area for the most up to date scheduling information. 161 ok o 4 C 4S OF T19 COUNCIURDA MEETING DATE: July 15, 2008 AGENDA CATEGORY: ITEM TITLE: Approval to Distribute a Request for BUSINESS SESSION: Proposals for the Village Design and Strategic Plan 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Request for Proposals (RFP) for an urban design and development strategy for La Quinta's Village Commercial District. FISCAL IMPLICATIONS: Staff has budgeted funds in the 2008/09 Budget for this project (101-6002-463-32- 10). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta proposes to enhance and expand the comprehensive streetscape and architectural design guidelines, revise and update the Village Commercial Zoning Ordinance, revisit the existing Village boundaries, and prepare an economic development strategy for the Village District (Attachment 1). The first portion of the project will focus on examining the past, present, and future direction of design and development in the Village through the applicant's proposed method of public and business outreach. The second portion of the project will involve crafting updated development standards for the Village Design Guidelines, review and update Village boundaries, update the existing Village Commercial Zoning Ordinance, and create an economic development strategy that focuses upon development opportunity of undeveloped and redevelopment properties within the Village. 1b2 The Village Design Guidelines will include consideration of architectural standards and criteria for both existing and future buildings, streetscape, signs, lighting, circulation, and other related features. These Guidelines will be organized into a comprehensive manual which will compliment the Village Commercial Zoning Ordinance. The Village Commercial Zoning Ordinance will include updated mixed -use regulations, create new illustrative regulations for outdoor sales and special events, specify Village zoning standards and development regulations, revisit height and setback regulations, and reference Village Use Permit application criteria. The economic development strategy would assess and inventory undeveloped and redevelopment properties for potential development opportunities. This information would be consolidated into a final report with recommendations that will constitute the Village Strategic Plan. The consultant selection process will follow the procedures as set forth in the La Quinta Municipal Code. This will involve establishing a selection committee, reviewing all proposals submitted, negotiating a contract with the consultant selected by the committee, concluded by final contract approval by the City Council. The City Manager had tentatively determined that he will appoint the following members to the Selection Committee: Doug Evans — Assistant City Manager — Development Services Les Johnson — Planning Director David Sawyer — Planning Manager Andrew Mogensen — Principal Planner Frank Spevacek — RSG If the City Council wishes to appoint the Selection Committee, it could include one or two Council Members to participate in the selection process. Should the City Council opt to appoint the Selection Committee, the Selection Committee meetings shall be subject to the provisions of the Brown Act unless the City Council formed a committee consisting only of two Council members. If the City Council were to also appoint Agency Staff and/or RSG representatives to the committee, the committee would not qualify as an ad hoc committee and would therefore be subject to the Brown Act. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Request for Proposals for the Village Design and Strategic Plan for the Village Commercial District; or 2. Do not approve the Request for Proposals for the Village Design and Strategic Plan for the Village Commercial District; or 3. Provide staff with alternative direction. 163 Respectfully submitted, Les Johnson Planning Director Approved for submission by: 'zg Thomas P. Genovese City Manager Attachment: 1. Request for Proposals 164 Attachment 1 r�- �r� _ INC,(>RP(7FGiT�'`1' 1992 ryyrpp�� 7✓ O F REQUEST FOR PROPOSAL FOR THE VILLAGE DESIGN AND STRATEGIC PLAN FOR THE VILLAGE COMMERCIAL DISTRICT OF THE CITY OF LA QUINTA 165 The City of La Quinta is requesting proposals from qualified professional architects, planners, and designers to prepare an urban design and development strategy for La Quinta's downtown Village Commercial District. The La Quinta Village is at the heart of the City of La Quinta. Although the City was incorporated in 1982, the Village and its adjacent residential neighborhood known as the Cove date back to the 1920's, when they were designed to accompany the historic La Quinta Resort as a residential winter retreat. Although the Village has been slow to develop, it is maturing into a mixed -use village center with several projects having been completed in the past decade. The La Quinta Resort, the Village, and the original Cove neighborhood casitas incorporate Spanish and Early Californian influenced architectural styles. Design standards were originally formulated as a part of the Village Specific Plan created in 1988. As the needs of the community changed, the Village Zoning District and boundaries were modified and more latitude was given to property owners in the form of the current Village Design Guidelines. The complimentary Village Commercial Zoning Ordinance encourages and permits traditional urban form with a variety of mixed -use development within the Village District. Project Description The City of La Quinta proposes to enhance and expand the comprehensive streetscape and architectural design guidelines, revise and update the Village Commercial Zoning Ordinance, revisit the existing Village boundaries, and prepare a development strategy recommendation for the Village District. The first portion of the project will focus on examining the past, present, and future direction of design and development in the Village through the consultant's proposed method of public and business outreach. Based on the collected results, the second portion of the project will involve crafting updated development standards for the Village Design Guidelines, review and update Village boundaries, update the existing Village Commercial Zoning Ordinance, and provide a strategic evaluation identifying future development opportunities. The Village Design Guidelines will include consideration of architectural standards and criteria for both existing and future buildings, streetscape, signs, lighting, circulation, and other related features. These Guidelines will be organized into a comprehensive manual which will compliment the Village Commercial Zoning Ordinance. The Village Commercial Zoning Ordinance will be reviewed to include updated mixed -use regulations, create new illustrative regulations fqr outdoor sales and special events, specify Village zoning standards and development regulations, revisit height and setback regulations, and reference Village Use Permit application criteria. These proposed changes will be accompanied by a final report which will include an economic development strategy 166 that focuses upon the development opportunity of undeveloped and redevelopment properties within the Village. It is the intent that the Village Strategic Plan will accomplish the following: 1. Provide a comprehensive assessment of the Village boundaries, Village Design Guidelines, and Village Commercial Zoning Ordinance; 2. Propose new innovative, context -sensitive, Village Design Guidelines 3. Propose a revised Village Commercial Zoning Ordinance 4. Develop standards for incorporating existing structures into the new Village Design Guidelines and Village Commercial Zoning Ordinance. 5. Develop an economic development component with an action plan that identifies future development opportunities. The economic development strategy will assess and inventory undeveloped and redevelopment properties, including potential properties for consolidation. Selected applicants may have the opportunity to provide additional project related services following the outcome of their proposal. Creative ways and means to approach the project are encouraged. Incorporation of environmentally sensitive and sustainable products and methods of design are encouraged. End products should facilitate easy implementation of the Strategic Plan and reflect the current and future market areas the Village serves. It is desirable that this project be completed in a timely and expeditious manner, but should in no event exceed nine months from an official receipt of a Notice to Proceed. Services Requested The City seeks a progressive, creative, and experienced planning or architectural firm to prepare the Village Design and Strategic Plan as discussed herein above. The following are expected to be prepared by the successful firm: ➢ Documents shall be drafted in a manner appropriate and comprehensible for both professionals and the general public including both text and graphic illustrations of sufficient detail and quality to facilitate easy communication, including computer modeling of mass and scale; 167 ➢ Selected graphic material may be required to be in a reproducible form for large -format plans, PowerPoint presentations, and internet use; ➢ Detailed methodology of obtaining community and stakeholder outreach and input; ➢ Scope of work shall include time for public outreach and meetings, including the following: o Planning Commission (up to two meetings); o City Council (up to two meetings); o City staff, as appropriate; and o Community outreach and stakeholders input workshops (up to two workshops, in accord with the proposed methodology) ➢ Concept design proposals shall include colored diagrams showing streetscape, landscaping, layout, and architectural samples, including copies in a format appropriate for presentation and electronic distribution; ➢ Thirty (30) bound color copies of all draft and final documents shall be provided; ➢ All data, informational materials, and work produced shall be provided in reproducible electronic and print form and shall become the sole property of the City. All work produced will be public record and may be posted online. Materials Provided The selected applicant will be provided with appropriate documentation of applicable zoning ordinances, design manuals, aerial photos, maps, and site plans, including a copy of the Village Design Guidelines, the Village Parking Study, and the Village Commercial Ordinance. Most of these documents are currently available on the Planning Department section of the City's website at www.la-guinta.org. Qualifications This project will require the services of a multi -disciplinary team of skilled and capable professionals experienced with small central business district or community mixed -use district planning. The team shall demonstrate that it possesses the following qualifications: ➢ Capability to competently manage the described project, including demonstrated experience of having successfully completed similar projects; 163 ➢ Ability to form a project team consisting of capable professionals with all disciplines needed for the job, having adequate resources to successfully complete the project in a timely manner, including a specific commitment as to the time each team member can allocate to the project; ➢ A superior level of commitment to the goals and objectives of the project; ➢ The ability to collaborate in a responsive and cooperative manner, highlighting examples of similar situations; ➢ Sensitivity to the needs of the public and local businesses; ➢ Sensitivity to unique architectural and economic characteristics; ➢ Ability to design and combine detailed and attractive architectural criteria with an effective zoning ordinance; ➢ Fortitude with project management under time restraints or public controversy; ➢ Demonstrated experience in working with the City decision -makers, staff, business owners, and the public. Evaluation and Selection Process Proposals received by the deadline will be reviewed by a Selection Committee. The Committee will rate their selection based upon the materials submitted in each Work Proposal according to the following criteria: ➢ Method of approach, both creative and analytical; ➢ Experiences, qualifications, and resources of firm; ➢ Responsiveness to the RFP, including thoroughness, comprehensiveness, adequacy, clarity, and quality of information provided; ➢ Understanding of the scope of work; ➢ Experience with similar projects and communities; 16.3 ➢ Ability to comply with the proposed performance schedule; and ➢ Familiarity with the area; The Selection Committee, composed of City staff and advisors, will review the submittals and evaluate them in accordance with the aforementioned criteria. Interviews will be held with the top rated firms. Based on the total evaluation process, the Selection Committee will recommend one firm (and an alternate) to the City Council. Staff will then enter into a contract with the firm selected by Council to complete the project. Submittal All proposals shall be received by the Planning Department no later than close of business on Friday, August 29, 2008. All proposals submitted shall, at a minimum, contain the following information and materials in the following format: Work Proposal (Envelope 1) Submit five (5) copies of a Work Proposal, limited to a maximum of thirty (30) pages. Work Proposals shall, at a minimum, consist of the following information: 1. Cover Letter a.) Name, address, and phone number of the contact person for the remainder of the selection process. b.) Any qualifying statements or comments regarding the proposal and the firm's capability, relevant to the information provided in the RFP. c.) Identification of any sub -contractors and their responsibilities. 2. Statement of Qualifications a.) Names and qualifications of all project team members and sub- contractors and their assignments for the project. Those named must be those who will participate in the project if selected. b.) List of references reflecting previous experience in similar projects. c.) Resume of the project manager and all project team members who will work on the project. i 70 3. Project Understanding and Approach a.) A description of the team's understanding of the project and how the project team will approach project development. b.) Provide samples of related ordinances and design guidelines from comparable cities, including approach and recommended solution. 4. Scope of Work a.) A discussion of the materials and analysis provided. b.) A description of the tasks, sub tasks, and specific deliverables that will be provided. c.) Any other pertinent information deemed appropriate by the applicant. Cost Proposal (Envelope 2) The applicant is to submit a detailed cost proposal for all services and materials including the firm's direct and indirect rate (with overhead). Personnel hours and extended billing rates per classification of personnel will be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursements included within the cost proposal. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Selection Committee and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is 171 lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. All proposals shall be submitted no later than Friday, August 29', 2008 to: Les Johnson, Planning Director City of La Quinta P.O. Box 1504 / 78-495 Calle Tampico La Quinta, CA 92247-1504 172 04 c �/ (•�/ Q.�i � �W OF T COUNCIL/RDA MEETING DATE: July 15, 2008 AGENDA CATEGORY: ITEM TITLE: Approval of Amended Agreement for Legal BUSINESS SESSION: Services with Rutan & Tucker, LLP CONSENT CALENDAR: Z— STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Amended Agreement for legal services with Rutan & Tucker, LLP and authorize the City Manager to execute Amended Agreement. 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 2008- 2009 for legal services. The amendments in the 2008-2009 contract include no increase in the monthly retainer, but do include increases of $5 to $10 per hour rate for other accounts. These increases represent less than a 5 percent increase in the rates. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 1, 2008, the City Council completed its annual review of the City Attorney and gave her and her firm a favorable evaluation. For the 2008-2009 Fiscal Year, 173 the City Attorney has proposed not raising the monthly retainer rate of $11,000, which covers the regular City Council and Planning Commission meetings and the office hours conducted in association with those meetings. This City Attorney is requesting the following rate adjustments on other accounts: 1. An increase of the existing hourly rate from $205 per hour to $210 per hour on the General Account. This represents a 2.5 percent increase. The existing hourly rate for Paralegal time of $125 would be raised to $130, a 4.5 percent increase. The existing hourly rate of $45 per hour for Document Clerks would remain the same. 2. An increase of the existing hourly rates for all Partners from $230 per hour to $240 per hour on all other accounts. This represents a 4.5 percent increase. 3. An increase of the existing hourly rates for all Associates from $205 per hour to $215 per hour on all other accounts. This represents just under a 5 percent increase. 4. An increase of the existing hourly rate for all Paralegals from $125 per hour to $130 per hour on all accounts. This represents a 4.5 percent increase. 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 are unavailable. Attachment No. 1 is the 2008-2009 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, and authorize the City Manager to execute Amended Agreement; 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 Aofforney 174 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2008-2009 Contract for Legal Services 2 Z IJ ATTACHMENT 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, 2007-.20 8. 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. 1191015610-0002 O 89614.0889614.09 a06/1420/070a 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, 2007--.2 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, 200-7-,2 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, 200,200 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 119/015610-0002 _2_ 89614 0889614 09 a06/142WO70a 1 7 7 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 Officer. 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, 119/015610-0002 -3- p 89614,0889614 09 a06/142WO708 178 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 A¢encv 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 119/015610-0002 _4_ 89614.08H9614.99 061142WOM 1 179 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 Employees. 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. 119/015610-0002 89614,08996140 0611420/0708 1 !1 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 P. Genovese City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson 119/015610-0002 -6_ 89614.08a9614-09 a06/1420/0708 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 the 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. 119/015610-0002 _'�_ 1 2 89614.088961d 09 a06/1420/0708 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA Dated: 2047200 By: Donald O. Adolph, Mayor ATTEST: Veronica J. Montecino, CMC, City Clerk LA QUINTA REDEVELOPMENT AGENCY Dated: > 20072 1$ By: Lee M. Osborne, Chair ATTEST: Veronica J. Montecino, CMC, Agency Secretary Dated: RUTAN & TUCKER, LLP 2007200 By: M. Katherine Jenson, Partner 119/015610-0002 _8_ 163 89614.0889614 0g 06AQW0768 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 1 b 99614.0899614 09 06/1420/0708 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to City including without limitation the following: 1. 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. 119/015610-0002 A-2 89614 0889614.04 a06/1420/0708` 1b5 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. 119/015610-0002 A-3 .� U 89614 0889614.04 a06/1420/0708 EXHIBIT "B" SCHEDULE OF COMPENSATION L 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 $11,000 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 $20-5210 per hour for attorney services, $125 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 II.A. of Exhibit "A," or for special transactional services the following fees shall apply: 1. $230 440 per hour for all partners. On special matters, and with the advance permission of the City Council, a "Special Partner Rate" of $255 per hour may be imposed for litigation matters requiring a high degree of specialty outside the normal. The City Council hereby approves this rate 119/015610-0002 B_1 y 89614,0899614 09 a06/1421k/0708 187 for time spent by Layne Melzer on the KSL litigation and Jeffrey Oderman on the SilverRock transaction. 2. $2-45W per hour for all associates. 3. $125 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: 1. $230244 per hour for all partners. 2. $Z05215 per hour for all associates. 3. $130 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. 119/015610-0002 B-2 188 89614.0889614.04 a06/142WOM ce4&t 4 Xfv Quiarru i. 5, CF'k OE'CKF'� COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Approval of New Job Descriptions for Museum Aide and Economic Development Project Manager RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J-5 STUDY SESSION: PUBLIC HEARING: Approve new job descriptions for Museum Aide and Economic Development Project Manager. FISCAL IMPLICATIONS: The costs for the new positions have been incorporated in the approved budget for Fiscal Year 2008/09. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The opening of the Museum in May, 2008, created the need for part-time Museum Aide positions, which will be mainly responsible for administrative support and store operations at the new museum. The part-time positions will be paid $9-11/hour, depending upon qualifications. In addition, the two existing Management Analyst positions in the Development Services Division of the City Manager's Office will be re- titled to Economic Development Project Manager positions to better reflect the specialized duties performed in both positions. The salary range for the Economic Development Project Manager positions will be Range 71. Both new job descriptions are provided (Attachments 1 and 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: lag 1. Approve the job descriptions for Museum Aide and Economic Development Project Manager; or 2. Do not approve the job descriptions for Museum Aide and Economic Development Project Manager; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager - Management Services Approved for submission by: (o 9" 14 � Thomas P. Genovese, City Manager Attachments: 1 . Museum Aide job description 2. Economic Development Project Manager job description 190 ATTACHMENT 1 THE CITY OF LA QUINTA MUSEUM AIDE GENERAL STATEMENT OF JOB Under direction assists with guest services and the daily operations and upkeep of the La Quinta Museum. This is an entry level position in the Community Services Department. DISTINGUISHING CHARACTERISTIC: This classification is a part-time position, which includes evening and weekend schedules. REPORTS TO: Museum Services Manager. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. Greets public and answers questions relating to the museum; Works in the museum store selling merchandise, making change, and restocking merchandise; • Utilizes the point -of -sale (POS) system for accurate accounting of museum store sales and ensures the security of all moneys received by the museum on a daily basis; • Orients visitors and answers questions regarding exhibits; Staffs the reception desk and answers the telephone in a timely and professional manner; • Works with volunteers in the completion of collections and museum tasks; Assists with office work, preparation of educational activities, upkeep and repair of museum structures and grounds, and other special projects as needed; Performs museum maintenance functions; Works with the Museum Services Manager in the preparation of classes, programs and exhibits; Maintains and enforces necessary security procedures to ensure the safety of the museum's guests, the museum environment and its collections; Assists with special weekend events and educational programs; Prepares and distributes publicity materials for the museum; 191 City of La Quinta: Museum Aide • Demonstrates continuous effort to improve operations, decrease turnaround times, streamline work processes, and work cooperatively and jointly to provide quality seamless customer service; • Performs other related duties as assigned. MINIMUM TRAINING AND EXPERIENCE Must be at least 18 years old; must possess a high school diploma or equivalent, with an interest in history, culture, or museum work; museum experience preferable, with BA or progress toward a BA in archaeology, history, library services, cultural arts, or a related field desirable. Other combinations of experience and education that meet the minimum requirements may be substituted. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • Materials, methods, and equipment used in a museum setting; • General clerical procedures; • Office machines and equipment and their use; • Ability to organize and conduct activities with adults and children in a variety of settings; - Construction and preparation of museum exhibits; • Cataloging and indexing of museum collections. Physical Requirements: • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities; • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, and fax machine; Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing and data entry; • Ability to exert moderate physical effort involving stooping, crouching, bending, climbing and lifting; • Ability to establish effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating assigned office equipment. Supervisorial Responsibilities: • Ability to establish and keep effective relationships with volunteers, public, children, adults, and City staff. Mathematical Ability: Ability to compute and use fractions and decimals; Ability to make correct change and count back cash. 192 City of La Quinta: Museum Aide Judgment and Situational Reasoning Ability: Ability to use independent judgment in periodically non -routine situations and when responding to public inquiries; Ability to work safely without presenting a direct threat to self or others. Language Ability and Interpersonal Communication: • Ability to communicate and maintain effective working relationships with peers, public, children, adults and staff; • Ability to communicate with tact and courtesy; • Communicate orally in the English language by telephone or in a one- to-one or group setting. Environmental Adaptability: Ability to work in an office, museum, recreation center environment, and various outdoor locations. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. July 2008 193 ATTACHMENT 2 THE CITY OF LA QUINTA ECONOMIC DEVELOPMENT PROJECT MANAGER GENERAL STATEMENT OF JOB Under limited supervision, performs a wide variety of responsible and complex administrative and analytical duties, including but not limited to, evaluation and analysis of economic development and redevelopment issues; preparation and presentation of staff reports and analysis; project development and support; provides information and assistance to the public regarding assigned programs and services; oversees and coordinates the execution of development projects from conception to completion, advises Council and/or Redevelopment Agency concerning project planning, development, scheduling, parcel and building design, implementation strategies, contract preparation and supervision, and marketing activities. Performs related work as required. REPORTS TO: City Manager, Assistant City Manager or Department Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Participates in special projects including complex research of new programs and services, budget analysis and preparation, legislative and feasibility analyses; prepares and presents reports; • Prepares comprehensive technical records and analytical reports pertaining to economic development, redevelopment, marketing, and other assigned areas; conducts research and comprehensive data collection efforts to support analysis; • Conducts preliminary negotiations and assists in final negotiations with owners and developers of properties scheduled for development; Performs administrative work in planning, analysis, and implementation of specific economic development projects; Prepares and monitors economic development project schedules and budgets, and oversees and coordinates the implementation of the project through completion; • Assists in preparation of the City's Economic Development Plan; prepares marketing and promotional materials in support of City's economic development efforts; assists in negotiating economic development agreements; • Prepares project, pro forma or issues analysis utilizing analytical, quantitative and intuitive skills; 194 City of La Ruinta: Economic Development Project Manager • Collects, compiles, and analyzes complex information from various sources related to assigned programs; prepares reports which present and interpret data, and identifies alternatives; ensures compliance with local, State and Federal regulations; assists in review of new state and federal legislation; makes and justifies recommendations; • Coordinates and collaborates with departments, divisions and outside agencies; • Serves as liaison between project team, city departments, outside public agencies, Chamber of Commerce, and the community to promote and facilitate planning and execution of development projects; provides information and serves as a resource; • Serves on a variety of committees as assigned; prepares and presents staff reports to the Council and other Boards and Commissions; • Prepares and coordinates the preparation and/or review of written materials on projects including, but not limited to, development agreements, leases, maps, progress reports, and agenda items; • Directs, reviews, and evaluates work of third -party contractors, including, but not limited to, design firms, marketing firms, landscape designers, architects, and economic development analysts; • May represent and/or assist the Assistant City Manager — Development Services in presentations before the City Council, Boards, Commissions, and the public; • May represent the Assistant City Manager — Development Services in negotiating and conferring with consultants and/or with person(s) involved in contract execution; • May coordinate economic development activity relative to marketing programs, public information, economic data compilation and evaluation, and establishment of programs to meet City objectives and policies; • Assists with coordination of management of affordable housing program; • Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree with major course work in public administration, business administration or a closely related field and three years experience in various areas of general government administration, management, economic development, or marketing. Required Licenses and Certification Requires a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS a95 City of La Quinta: Economic Development Project Manager Knowledge of: principles and practices of public administration, including goal setting, program and budget development and implementation; • methods of research, program analysis, and report preparation; principles and procedures of financial and statistical record keeping and reporting; modern office procedures, methods and computer equipment; principles of marketing and promotions; • basic economic development practices and policies; negotiating skills and practices; • customer service principals and practices; • pertinent Federal, State and local laws, codes and regulations. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to apply principles of synthesis functions in assisting in the development of long and short range plans; Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to use independent judgment under pressure during negotiations. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; 196 City of La Quinta: Economic Development Project Manager Ability to comprehend a variety of reference books and manuals including dictionary, computer software manuals and phone directory; Ability to communicate effectively, both in writing and orally; Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: Ability to work independently; Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. July 2008 197 Taf 4 XA Q" COUNCILIRDA MEETING DATE: July 15, 2008 ITEM TITLE: Acceptance of State Funding in the Amount of $24,677 from the California Office of Traffic Safety (OTS) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the acceptance of State funding in the amount of $24,677 from the California Office of Traffic Safety (OTS) for sobriety checkpoints. This program is administered through the University of California Berkley Traffic Safety Center (Attachment 1). FISCAL IMPLICATIONS: The City has established a revenue account (212-0000-468-000) to accept the funding, and a corresponding expenditure account (101-5054-421.36-43) to track allocations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California Berkley Traffic Safety Center, serving as grant administrator for The California Office of Traffic Safety (OTS), has announced the award of mini -grant funds for sobriety checkpoints during the period of October 1, 2008 to September 8, 2009. The goal of the Sobriety Checkpoint Program for Local Law Enforcement Agencies is to reduce the number of victims killed and injured in alcohol -involved collisions in cities participating in the program. The period of time covered in the grant specifically addresses two periods significant in numbers of occurrences for these types of incidents. These periods are the Winter Holiday Mobilization Period (December 12, 2008 to January 3, 2009) and the Labor Day Mobilization Period (August 21, 2009 to September 7, 2009). 198 The La Quinta Police Department has been awarded a total of $24,677 to be used to fund two sobriety checkpoints in La Quinta. The grant specifies that one of the checkpoint dates must fall within each of the designated mobilization periods. The grant is designed to cover personnel costs for the checkpoints, while the agency covers other indirect costs such as vehicles, equipment and any booking fees. Sergeant David Walton, supervisor of the La Quinta Police Traffic Team, has been assigned to implement the checkpoints under the guidelines specified in the grant and prepare the necessary documentation. Further information will be provided once the dates for the checkpoints have been finalized. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1 . Approve the acceptance of State funding in the amount of $24,677 from the California Office of Traffic Safety (OTS) to be used for sobriety checkpoints; or 2. Do not accept the available funding from the State; or 3. Provide staff with alternative direction. Respectfully submitted, " Bret V Plumlee, Assistant City Manager - Management Services Approved for submission by: r,%,- n, Ile Thomas P. Genovese, City Manager Attachment: 1 . Grant application for Sobriety Checkpoint Program for Local Law Enforcement Agencies 199 Attachment 1 0U w LL! I1 ci Z H I^ Cz V V G w — W 0ga' H0 Qiz vow IL U Q ¢_� UV �0 w CD 0 OLL C) p O N p CO O N a E d � CL Y 7 67 Q M c I ° CO o O N i6 O C � E w L u � N N rn m M 0 LO X M LL 0 z z0 } U m 0 C U 9y y � c r � � U F k OO > e P. d n z 4 LL 0 UV N CIO a 441 O d E E o 4.) 0 U W a H U' A Cr 0 cc U L m U oc m c I N E H z T 6 N v C m Q o L m U FL C Q V m N m T o E o Q Q U H L 0 0T N N m c c E aci N m z Q V Q U U 200 2 w �q §§ f�LU LU Z�u 02M \\§ CL a.ui La §( \LL § c E | � \ / } 2 [ \ ) \ \ } � f $ ! | { \ ! \ \ \ \ \ f 3 | ) / § f ) \ § f 201 2 U LU Oz wW a C9 H Q mZH Z .t. W w z W O�w FO Q?Z UOW M IL IL U Q Q = J VU �O W _j �0 ro0 O L' N M 0 N N N G y co 0 O N `m O U y u --TT C O �°-aciEk Y maa = o .'e m C ° O m r m i v d T� L U O O na e N � 0 y O L am m `m e v rn rl Id m a Y E c 3u E4 a c � c � m U O m c E o O O N r c d r Lm o r Ste° O Nc ocm N LO V.o 3mm � r + + r c Er j3 r oo m " L c EOmov ° E n � � ' m 3m l0 LO s '3 c°i �x tp, t9 to Ifta c E 0 O m mr 60 O m N m o m °" d o�u a O O U `o r C m t o m Q = E c •O 'N U N m m C M cc n W d L V C m m o t j Z N G m m lfl m m a a V C ° a " m m m Z m u m cmi m O u c E E 202 2 �y W o U OZ OC u! IL C9 H Q Z �- Z `o O 2 zmm FO LL Q ? Z 00w IL U g Q=a }U} U FD W_ R' Q' m 0 O rn m 0 0 N r a d fA I co 0 0 N d 0 O V X 2 cc 0 c rn a c IL 203 a •� 04 °� Qum& E`y OF TKF'9 COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Consideration of a Fireworks Event on July 4, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: As deemed appropriate. However, if approved, staff would recommend La Quinta High School as the location due to safety concerns and appropriate parking and seating. FISCAL IMPLICATIONS: The total cost for this event would be $30,000 and would be budgeted in the Fiscal Year 2009-2010 if approved. The fireworks display itself will total $25,000. Should the City Council approve the fireworks display, an amount up to $12,500 or 50% of the deposit would need to be prepaid during Fiscal Year 2008-2009 with the balance paid after the event. Additional costs of approximately $5,000 include facility use fees to Desert Sands Unified School District and event entertainment and supplies for the evening Police and Fire support has not been billed to the City for previous fireworks events and will not be included into the budget for this event. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 20, 2008, the Community Services Commission approved the 2008-2009 Community Services Annual Work Plan. As a part of this plan, the Commission requested that City Council consider hosting a fireworks event in July 2009. The Commission indicated that a more traditional 4" of July fireworks event might increase attendance rather than a less traditional date and time. e At the April 15, 2008 City Council Meeting, Council Member Henderson commented on the two previous City -sponsored fireworks shows being fabulous, but was concerned the high school location may have affected attendance, and asked about exploring use of the Civic Center Campus. Council Member Henderson requested a caveat in the budget that includes a three-month update on issues such as where the fireworks will be located. Council Member Osborne suggested a fireworks show following the annual birthday party picnic at Fritz Burns Park. Staff analyzed three possible locations for a fireworks show. The first location is SilverRock Resort. While the driving range is a sufficient size to contain the firing site and fallout zone, there are a number of components that would have to be in place to secure the site to provide a safe show. A perimeter fence would need to be erected to contain the driving range before the arrival of the explosives and remain up and intact until after the explosives have been removed from the facility. Temporary lighting fixtures would need to be in place for the pyrotechnic crew to work in the dark. Participants would have to provide their own seating within the designated viewing area. The amount of foot traffic and on -site parking may cause some instability in the PM10 control. There is also a financial impact by having the driving range closed for this period of time, which could be as long as two full days. The second location is the Civic Center Campus. While this site is popular for many City events due to available parking and central location, the Campus shares very similar concerns with the SilverRock site. The firing site would need to be contained by a perimeter fence, temporary lighting installed, and on -site security would be needed for the duration of the setup, firing and striking. Other areas for concern include the firing site and the necessary amount of space needed for safe fall out and the proximity to residential areas to the south and the businesses to the north. The fall out zone also greatly limits the ability to designate a safe on -site viewing area to accommodate a large crowd. The third location is the La Quinta High School. This location has served for two previous fireworks events and has been approved for the proper firing space and fall out space by the Fire Marshall each time. This site has the proper perimeter fencing in place, lighting is provided for by the existing field lights, and the high school has a security staff on site that could accommodate securing the site. This site also includes ample parking and seating at the stadium and La Quinta Park. For these reasons, staff is recommending the Fireworks event be held at La Quinta High School. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a fireworks presentation on July 4, 2009 to be held at La Quinta High School; or 2. Do not approve a fireworks presentation on July 4, 2009 to be held at La Quinta High School; or 205 3. Provide staff with alternative direction. Respectfully submitted, — 14�r- Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager "..i"T'Y"a" COUNCILIRDA MEETING DATE: July 15, 2008 ITEM TITLE: Consideration of Approval of a Professional Services Agreement with SDS Research to Conduct a Survey of the Cove and Selected Communities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION. PUBLIC HEARING: Approve a Professional Services Agreement with SDS Research to conduct a survey of the Cove and selected communities, and authorize the City Manager to execute the Agreement, subject to review and revision by the City Attorney, at a cost not to exceed $17,150 (Attachment 1). FISCAL IMPLICATIONS: It is anticipated that the survey will cost approximately $17,150. The City Manager's Contract Services Account No. 101-1002.413.31-01 has available funding for this project. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council discussed several issues impacting the Cove regarding improvements to the Parking Lot at the Top of the Cove, whether or not to make street lighting improvements, and whether or not to move utilities underground. City Council directed staff to obtain an expert to conduct a survey and bring back a recommendation to Council for further direction. The questions about improvements to the Parking Lot at the Top of the Cove and street lighting are specific to Cove residents only. The question about whether or not 207 there is interest in putting utilities underground involves the Cove and five other geographic areas of the City which include Desert Club Estates, Highland Palms, Sagebrush, The Village, and Westward Ho. Staff solicited proposals from four polling companies to conduct a survey of the Cove and selected community residents. The prospective polling companies were provided with background of the survey project as well as a list of preliminary questions pertaining to the issues and asked to provide a proposal outlining their proposed research methodologies and costs for conducting the survey. Staff members involved in the selection process were Bret M. Plumlee, Assistant City Manager - Management Services, Timothy R. Jonasson, Public Works Director and Oscar Santana, Management Analyst. Staff interviewed representatives from each of the four polling companies. Selected criteria included experience conducting surveys, experience working with public utilities, cost, knowledge of Coachella Valley, prior experience working with Imperial Irrigation District (IID), and overall timeline of the project. Based on the proposals submitted, interviews conducted, conformity and consistency to selected criteria, and client references, staff recommends SDS Research (SDS) to conduct the survey of the Cove and selected communities in accordance with the Professional Services Agreement (PSA). SDS is located in Salt Lake City, Utah and employs a staff of 20 teleservice agents, and does not outsource any aspect of the research process. This business model affords SDS the ability to maintain complete control of each survey project, and respond immediately and specifically to client requests. Founded in 1990, SDS has conducted nearly half a million individual telephone, mail, electronic, and in -person interviews with customers, potential customers, and employees of more than 600 organizations in a wide range of industries. All SDS projects are conducted in-house by SDS-employed agents. SDS has worked with many utilities and municipalities, including IID Energy, Sacramento Municipal Utility District (SMUD) and the cities of Riverside, San Francisco and Azusa. Survey Questions Staff has worked with SDS to develop the set of interview questions, which will be used in the telephone survey. The list of recommended questions is included in the Scope of Services, Exhibit A. These questions may change based on direction from the City Council. 2oa Field Survey Over a two-day period (Saturday, August 9" and Sunday, August 10"), SDS personnel will conduct on -sight interviews with individuals using the Cove parking facility. The questions will be the same as those used in the Cove phone survey. Results from the field survey will be compared with those from the telephone survey. Individuals who respond will be invited to participate in the focus group discussion, and SDS and staff are hopeful that the field survey will provide for a good cross-section of residents for the focus group discussion. Focus Group Staff is recommending SDS conduct one Focus Group. The objective of the Focus Group is to generate feedback regarding the three issues: undergrounding of utilities, parking lot improvements for the Cove and lighting for the Cove. SDS will record the results of the group either via videotape, audiotape, or in -person notes. A final report will be prepared from the notes and recording of the focus group, organized by discussion area. Feedback from each area will be summarized. The results of the Focus Group will be used to supplement the results from the telephone and field survey. Timeline Contingent upon the City Council's authorization to approve a Professional Services Agreement with SDS Research on July 15, 2008, the following represents how the project is expected to proceed: July 15t' Final approval to begin project July 25`" - August 1 s` Survey questionnaire finalized and phone survey initiated August 9`" - 10`" Field survey is conducted on -sight at parking facility August 12t' - 16`" Facilitator Discussion Guide is designed based on consultation between City of La Quinta and telephone/field survey results. Focus group participants are invited and confirmed by SDS. August 20`" Focus group is conducted September 10" Final report is generated September 17" SDS presents final results to City of La Quinta staff This survey project will be coordinated with the professional engineering services to prepare a City-wide undergrounding feasibility study being performed under a separate contract with the public works office. 209 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1, Approve a Professional Services Agreement with SDS Research to conduct a survey of the Cove and selected communities, and authorize the City Manager to execute the Agreement, subject to review and revision by the City Attorney, at a cost not to exceed $17,150; or 2. Do not approve a Professional Services Agreement with SDS Research to conduct a survey of the Cove and selected communities, and authorize the City Manager to execute the Agreement, subject to review and revision by the City Attorney, at a cost not to exceed $17,150; or 3. Provide staff with alternative direction. Respectfully submitted, A�/Y Bret Nf. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 210 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and SIDS Research ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Cove Survey Project, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 211 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation') in a total amount not to exceed Seventeen Thousand One Hundred Fifty Dollars ($17,150) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such 2i2 other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 213 3.4 Term. The term of this agreement shall commence on July 15, 2008, and terminate on September 17, 2008. This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Dale R. Inkley, President, SDS Research b. Todd Morris, Director of Sales, SIDS Research c. Dr. Michelle D. Inkley, Ph.D, Research Analyst, SDS Research d. Dan Inkley, Director of Development Services, SIDS Research e. Justin Jones, Director of Operations, SDS Research It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Thomas P. Genovese, City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition_ Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein 2y 4 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person 2i5 directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest 216 extent permitted by law, Consultant 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 claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 2.47 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 218 b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City 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. 219 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the 2LO deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given 221 policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be 222 delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's 2�3 right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 2C4 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 2CJ 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: SDS Research Attention: Dale R. Inkley President 420 East South Temple, suite 390 Salt Lake City, UT 84111 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation 220 Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: SDS Research Name: Dale R. Inkley Title: President Date: 227 Exhibit A Scope of Services Consultant's scope of services related to Cove Survey Project is noted below and made a part of this Agreement. CONTENTS: Questionnaire 2. Research Design 3. SDS Research Team 4. Project Timeline 5. Project Cost QUESTIONNAIRE: [Introductory Script. Hello, my name is calling on behalf of the City of La Quinta. l am conducting a short survey with residents of the Cove regarding city services and was hoping that you would be willing to help me with the survey. It only takes about 3 to 5 minutes to complete. Would now be a good time or should I call back at a more convenient time? Continue if given permission.] 1. The city is considering making improvements to street lighting in the Cove. Using a scale of 0 to 10, where 0 means it is not at all important and 10 means it is very important, please indicate how important you think it is that the city explore street light improvements. [Should perhaps indicate what is meant by 'improvements?"] 0 - 10 rating 2. If street lighting improvements were to be made, how willing would you be to pay for the improvements as well as maintenance through a lighting and landscape district? Again, use a scale of 0 to 10, where 0 means you are not at all willing and 10 means you are very willing. [No Prompt option — Don't know/Depends] 0 - 10 rating 228 2a. If you could pay for these lighting improvements and maintenance over a period of time by voting for an assessment district, how likely are you to vote for this new assessment district? Very Likely Somewhat Likely Somewhat Unlikely Very Unlikely NS 3. The city is also looking at the prospect of undergrounding utilities in the Cove. How important do you think it is that the city investigates this idea? Use the 0 to 10 scale, where 0 means not at all important and 10 means very important. 0 - 10 rating 4. If the city were to consider undergrounding the utilities in the Cove, how likely is it that you would be willing to pay the full cost of having the work done for your home? Very Likely Somewhat Likely Somewhat Unlikely Very Unlikely NS 4a. If you could pay for the undergrounding over a period of time by voting for an assessment district, how likely are you to vote for this new assessment district? Very Likely Somewhat Likely Somewhat Unlikely Very Unlikely NS 5. Please indicate how likely you are to pay the full cost of undergrounding your utilities if the cost was: Very Likely Somewhat Likely Up to $10,000 [if SU or VU, go to 61 Up to $20,000 [if SU or VU, go to 61 Up to $30,000 [if SU or VU, go to 61 Up to $40,000 [if SU or VU, go to 61 Up to $50,000 Somewhat Unlikely Very Unlikely NS 6. The city is considering making changes to the existing parking lot at the Top of the Cove. The cost for this Capital improvement will be paid by the city. With this in mind, which of the following do you prefer? Paving the lot w/ asphalt Covering the lot w/ gravel to control PM10 Leaving it as is 229 7. Should the parking lot at the Top of the Cove be expanded to reduce on - street parking, or should it remain the same size? Should be expanded Should remain same size 8. Do you have any further comments or suggestions you would like to make regarding these issues? That completes the survey. Thank you very much for your time. Good-bye RESEARCH DESIGN SDS Research proposes three separate research elements. 1. Phone Survey SDS will conduct a 4-minute phone survey with Cove residents, with 400 random surveys completed by phone and will focus on all three issues (lighting, parking and undergrounding of utilities). A shorter survey (1 - 2 minutes) will be conducted with 200 City of La Quinta residents, randomly selected, focusing only on undergrounding. SDS will create the questionnaire with input of City of La Quinta personnel. 2. Field Survey Over a two-day period (Saturday & Sunday), SDS personnel will conduct on -sight interviews with individuals using the Cove parking facility. The survey will be the same as that used in the Cove phone survey. Results from the field survey will be compared with those from the phone survey. Individuals who respond will be invited to participate in the focus group discussion. 3. Resident Focus Group SDS will conduct a single focus group, with participants selected from a database of La Quinta residents. SDS will attempt to get representation from all 5 geographic areas requested by the City. The objective of the focus groups is to generate feedback regarding the three issues: 1. Undergounding of utilities, 2. Parking lot improvements, 3. Lighting improvements. The phone survey and field 230 survey will provide necessary resident feedback to generate a facilitator guide to be used for the discussion. The focus group will have 8 and 10 participants. This size allows for a breadth of opinion and discussion, while insuring participation from all in attendance. SDS recommends conducting the focus group at the utility office, unless a more desirable location (i.e. more convenient) can be found. SDS will record the results of the group either via videotape, audiotape, or in -person notes. A final report will be prepared including findings from all three research elements. The report will include an executive summary, question -by -question analysis and verbatim comments. The report will be concise yet provide enough understandable information to effectively use the results of the project. SDS RESEARCH TEAM Dale R. Inkley, President — Focus Group Facilitator For 30 years, until 1989, Dale was a partner and officer of Inkley's, a retail photographic and electronics supply company. For several years, Dale acted as the Chairman of the Utah Chapter of the American Cancer Society. Dale was one of the founders of SDS in 1990. Among his current duties, Dale is directly involved in working with SDS clients in conducting employee research which includes respondent service training, employee surveys and focus group facilitation. He is also involved in providing analysis and feedback on all SDS research projects. Since graduating from the University of Utah, Dale has established a reputation as a business leader in the Salt Lake community. Todd Morris, Director of Sales — Field Survey Facilitator Todd graduated from the University of Utah with a Degree in Communications in 1981. Upon graduation he began his career as an account manager with Procter & Gamble. He has over 24 years of marketing, research and sales experience. With SDS, Todd has been effective in broadening the company's client to include respondents throughout the United States, including over 200 municipal and cooperative utility systems in 28 states. Our current status as "research vendor of choice" for members of the American Public Power Association through our affiliation with Hometown Connections is the direct result of Todd's efforts. His direct involvement with SDS clients includes both the sale and implementation of our services. Todd's strong background and his ability to articulate the respondent's needs have made him an integral part of the management team. Dr. Michelle D. Inkley, Ph.D, Research Analyst Michelle received a Ph.D. in Demography and a Ph.D. in Sociology from Penn State University, and a Masters Degree from Brigham Young University. As an Andrew Melon Fellow, she gained broad experience in working with statistical models and 231 research protocols. Dr. Inkley has presented numerous papers and research projects at prestigious national conferences. Her extensive experience in conducting research in a variety of industries provides a strong "real world" approach to our client's research projects. Dan Inkley, Director of Development Services - Report Writer Dan holds a Bachelor of Science degree in Organizational Communication and an MBA from the University of Utah. He has over 10 years of experience in developing the services of SDS and Resource Development Systems, a sister company to SDS. Dan's primary contribution is generating the analytical reports that go to our clients. His extensive knowledge and work experience ensure that each research project is conducted with accuracy and quality. He recently updated the SDS reporting format and we have received very positive feedback from our respondents. Justin Jones, Director of Operations - Phone Survey Facilitator Justin has a college degree in computer science with 12 years of computer technology experience. He is certified in MSCE, Alpha 5 and has extensive training in Ci3/Wincati, Sawtooth, SPSS and Access as well as other current research software. Justin has direct responsibility with interfacing with SIDS field agents during each research project to ensure the highest level of professionalism and quality in obtaining data. PROJECT TIMELINE: July 25`h Final Approval to begin project July 25`h - August 151 Survey questionnaire finalized and phone survey initiated August 9" - 101h Field survey is conducted on -sight at parking facility August 12`h - 16`h Facilitator Discussion Guide is designed based on consultation between City of La Quinta and telephone/field survey results. Focus group participants are invited and confirmed by SDS. August 20`h Focus group is conducted September 101h Final report is generated September 17`h SDS presents final results to City of La Quinta 232 PROJECT COSTS: Phone Survey: $11,650.00 Price includes: • Consultation with on -sight visit July 15" • Preparation of questionnaire • Survey facilitation (400 Cove surveys and 200 La Quinta surveys) • Collection and analysis of data • Final report of results and conclusions La Quinta responsibilities: • Provide resident database with names and phone numbers. If not available, SIDS can provide — added cost is $750.00 (included) Focus Group Facilitation: $3,000.00 Price includes: • Consultation to determine objectives • Preparation of discussion guide based on consultation • Recruitment of participants • Facilitation of one group discussion including travel • Collection and analysis of data • Video taping with copies to client • Final report of results and conclusions La Quinta responsibilities: • Light refreshments • Arrangement of appropriate room to conduct the groups Field Survey: $2,500.00 Price includes: • On -sight interviews with parking lot users over two-day period • Travel expenses • Collection and analysis of data • Final report of results and conclusions La Quinta responsibilities: None TOTAL COST: $17.150.00 233 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the attached cost proposal for work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Seventeen Thousand One Hundred Fifty Dollars ($17,150) except as specified in Section 1.6 - Additional Services of the Agreement. 234 Exhibit C Schedule of Performance Consultant shall complete all services within sixty-five (65) days of the date of this Agreement beginning July 15, 2008 and ending September 17, 2008. 235 Exhibit D Special Requirements GM f30 Tit�t 4 XP Quum COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Consideration of a Relocation Plan for Silverhawk Apartments RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Relocation Plan (Attachment 1) for the Silverhawk Apartment Homes for public release and authorize the Agency Executive Director to submit the Relocation Plan to the State Department of Housing and Community Development, and circulate for public for review and comment. FISCAL IMPACT: Implementing the Relocation Plan will result in the expenditure of up to $1,000,000 in resident relocation costs. This estimate is based on the need to relocate households in all market rate units, however given normal vacancy and attrition factors, the Agency does not anticipate that a substantial number of households will need to be relocated. Funds are available to fund these expenses from the Agency's Low- and Moderate -Income Housing Fund account. BACKGROUND AND OVERVIEW: Since 1993, the La Quinta Redevelopment Agency has been actively implementing affordable housing projects and programs that rehabilitate existing, and produce new, affordable housing units. By 2010 the Agency will have secured 1,589 dwellings that will remain affordable to very -low, low- and moderate -income households for 30 to 55 years. However, residential build -out in both Redevelopment Project Areas forecasts that the Agency will need a total of 1,994 affordable dwellings by 2036. Acquisition of the Silverhawk Apartment Homes and conversion of the existing 139 market rate units to very -low and low-income units will further increase the community's supply of affordable housing. 237 In December 2007, the Agency initiated negotiations to purchase the Silverhawk Apartment Homes with the G-Companies, the current owner. Various acquisition terms and conditions were exchanged and in May 2008, the G-Companies and Agency agreed to move forward with the negotiation and preparation of a Purchase and Sale Agreement to be formally considered by the Agency Board at a future meeting. In 2005, the Agency secured 75 units that are affordable to moderate income households; these units will remain affordable for 55 years. If the Agency purchases the complex, it will convert the remaining 139 market rate units to 70 units with rents affordable to very -low income households, and 69 units with rents affordable to low-income households. This conversion would occur over a ten-year period. The Agency proposes to sell or otherwise transfer the improvements and ground lease the underlying real property to a qualified housing entity that would manage and operate the complex. The Agency will also record 65-year covenant agreements that require all new residential tenancies to be to low- or very -low income households. At the end of the seventh year of ownership by the housing entity, the Agency would commence, and by the end of the tenth year complete, relocation of any remaining ineligible residents. At the time of purchase no residents would be required to move. Current residents will only be required to move if they remain in their unit after seven years and do not qualify as a low- or very -low income household. After 65-years, ownership of the improvements and underlying real property would revert back to the City of La Quinta. Prior to considering property purchase agreements, the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines require the Agency to prepare and submit a relocation plan for City Council review and approval. Attached is the Relocation Plan for the Silverhawk Apartment Homes for Council consideration. The Relocation Plan presents: • The steps that will be taken at the time of relocation to collect data concerning the demographic characteristics, circumstances, and relocation needs of the residents that may be affected by relocation; • The steps that will be taken at the time of relocation to assess of the availability of comparable replacement housing within the City of La Quinta and the surrounding community; • The steps and procedures the Agency will follow to ensure a fair and equitable relocation program; • An estimate of the potential relocation costs. 238 The Relocation Plan also presents the relocation assistance program and the scope of relocation benefits. The relocation assistance program generally entails: • Informing residents of their relocation rights and the scope of the relocation benefits; Determining each households specific housing needs; • Identifying and updating information on replacement housing opportunities; • Identifying federal, state and other governmental agency housing program assistance; • Assisting each person with completing relocation assistance applications; Assisting each displaced person with finding replacement housing opportunities; • Providing relocation payments in accordance with all state standards; • Establishing an appeal procedure with respect to disputes over relocation benefits. The scope of relocation benefits entails: • Providing moving expense payments based upon the actual cost of using a professional mover or based upon a fixed payment schedule if residents elect to move themselves; • A rent differential payment based upon the difference between the current dwelling rents and the cost to rent a comparable replacement dwelling; • Incidental expense payments including legal, closing cost title and other costs related to purchasing a comparable replacement dwelling. If households in all the current market rate units needed to be relocated, the Agency estimates a cost of $1,000,000; however, given normal vacancy and attrition factors, the Agency does not anticipate that a substantial number of households will need to be relocated. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Relocation Plan for the Silverhawk Apartment Homes Project for public release and authorize the Agency Executive Director to submit the Relocation Plan to the State Department of Housing and Community Development and circulate for public review and comment; or 2. Do not approve the Relocation Plan for the Silverhawk Apartment Homes Project and authorize the Agency Executive Director to submit the Relocation Plan to the State Department of Housing and Community Development and circulate for public review and comment; or 239 3. Provide staff with alternative direction. Respectfully submitted, di Douglas R. Eva Assistant City anager - Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Relocation Plan 240 ATTACHMENT RELOCATION PLAN - SILVERHAWK APARTMENT HOMES LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico La Quinta, CA 92253 RSG IMT[LLI... I C..N VxITv oeve�oxxexr ROSENOW SPEVACEK GROUP, INC. 309 West 4N Street Santa Ana, CA 92701 T 760.765.3070 F 714.541.1175 w webrse.com July 15, 2008 241 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS TABLE OF CONTENTS INTRODUCTION................................................................................................1 ASSESSMENTOF NEEDS................................................................................1 Housing Mix/Project Rents.......................................................................................... 2 Occupancy/ Overcrowding.......................................................................................... 2 Income........................................................................................................................ 2 Ethnicity/Language..................................................................................................... 2 Senior/Handicapped Individuals..................................................................................2 ReplacementHousing Need....................................................................................... 2 Preferred Relocation Areas......................................................................................... 3 REPLACEMENT HOUSING RESORCES.........................................................3 CONCURRENT RESIDENTIAL DISPLACEMENT.........................................3 TEMPORARYHOUSING...................................................................................3 PROGRAM ASSURANCES AND STANDARDS...............................................3 RELOCATION ASSISTANCE PROGRAM........................................................4 LANGUAGES......................................................................................................4 CITIZEN PARTICIPATION/PLAN....................................................................5 RELOCATION BENEFITS — RESIDENTIAL OCCUPANTS ...........................5 Residential Moving Expense Payments...................................................................... 5 Rental Assistance to Households Who Choose to Rent .............................................. 6 LastResort Housing................................................................................................... 7 Down Payment Assistance to Households Who Choose to Purchase ......................... 7 Assistance to Homeowners......................................................................................... 7 PAYMENT OF RELOCATION BENEFITS.......................................................7 RELOCATIONOFFICE......................................................................................8 RELOCATION TAX CONSEQUENCES............................................................8 EVICTIONPOLICY............................................................................................8 GRIEVANCEPROCEDURE...............................................................................8 PROJECTED DATES OF DISPLACEMENT....................................................8 ESTIMATED RELOCATION COSTS................................................................9 HOUSINGELEMENT........................................................................................9 RELOCATIONPLAN UPDATE.........................................................................9 242 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS INTRODUCTION The 214-unit Silverhawk apartment complex is located at 50-660 Eisenhower Drive in the City of La Quinta ("Site"). The complex was constructed in 2002, and at that time the La Quinta Redevelopment Agency ("Agency") secured affordability covenants on 75 units. These units are affordable to moderate -income households. The remaining 139 units are rented at market rents. The property owner, the G-Companies, is negotiating to sell the complex to the Agency. If the Agency purchases the complex, it will convert the 139 market rate units to 70 units with rents affordable to very -low income households, and 69 units with rents affordable to low-income households. This conversion would occur over a ten-year period. The Agency proposes to sell the improvements and ground lease the underlying real property to a qualified entity ("Sale"). The Agency will also record a 65-year covenant agreement that requires all new residential tenancies to be to low or very -low income households. The Agency will commence relocation starting the eighth year after the Sale, and complete all relocation activities by the end of the tenth year after the Sale. Given normal vacancy and attrition factors, the Agency does not anticipate that a substantial number of households will need to be relocated. This Plan will be updated, however, prior to commencing relocation activities. Current residents who are not very -low or low income households will not be required to move until the eighth year after the Sale. Starting in the eighth year following the Sale, if any residents who are not very -low and low income households must be relocated, the relocation obligations as defined by the California Governmental Code Section 7260 et. seq. ("Law") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. ("Guidelines") would be triggered and followed by the Agency. This document is the Relocation Plan for this transaction ("Plan"). This Plan presents detail of the Agency's proposed relocation assistance program, and sets forth the relocation policies and procedures as required in the Law and Guidelines. No displacement activities will take place prior to the required reviews and approval of this Plan, and prior to the eighth year after the Sale. ASSESSMENT OF NEEDS The Agency will begin an assessment of housing needs ("Needs Assessment") in the 7th year of ownership for the remaining residents who do not meet affordability requirements and must be relocated. Starting in the 7th year, personal interviews will be conducted with these residents to assess each household's relocation needs; household size and composition, income, current rent, duration and type of occupancy, ethnicity, home language, disabilities/health problems, and replacement housing preferences will be documented. Prior to the 7th year the Agency will annually review the incomes of all households in market rate units. If any households are in the low or very -low income category, the Agency will qualify these households. Additionally, as the 75 moderate income units become vacant during the first 10 years of ownership, the Agency will redesignate a market rate unit occupied by qualified moderate income households as a am �43 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS moderate income unit to preclude displacement of households living in market rate units that qualify as moderate income households. Housing Mix/Project Rents At the time of purchase any market rate apartments which are vacant will be rented to low and very -low income households. As of May 20, 2008 there are 49 vacant units within ,the complex, including 3 units currently used as models. The chart below illustrates the unit mix and rental ranges for the 214 units in the complex. SilverHawk Apartment Homes Unit Mix and Rental Ranges occupied Units Vacant Units Unit Type Amount Rent Range Rent Range Vacancies Studio 2 $860 $1,270 1 1 Bedroom 46 $871-1,250 $1,185-1,210 3 2 Bedroom 120 $1,046-1,635 $1,355-1,660 37 2 Bed w/ Den 46 $1,192-1,740 $1,615-1,740 8 Occupancy/ Overcrowding Occupancy data will be collected during the Needs Assessment. This data will be used in order to ascertain if any of the units needing relocation are overcrowded. The Agency uses an occupancy standard for relocation of two persons per bedroom plus one person in the common living area. Income At time of the Needs Assessment income information will be gathered from any households needing to be relocated. Attachment 2 shows income standards set forth by the California Department of Housing and Community Development for Riverside County for 2008. This information will be updated when the needs assessment commences. At the time of the Agency's purchase any units with households that qualify as low or very - low income households will have covenants placed on them. Ethnicity/Language Household ethnicity and primary language spoken will be inquired about during the Needs Assessment for any households needing to be relocated. Senior/Handicapped Individuals Senior (age 62 and above) individuals and handicapped individuals will be identified during the Needs Assessment for any households needing to be relocated. Any special housing requirements needed by these individuals will be accommodated by the Agency during the relocation process. Replacement Housing Need Replacement housin GRSG g e 244 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS overcrowding. The Agency's relocation occupancy standards allow up to three people in a one -bedroom unit and up to five people in a two -bedroom unit. Preferred Relocation Areas During the Needs Assessment households which need to be relocated will be asked their preferred relocation areas. The Agency will make every effort possible to find comparable replacement housing for displaced households in their preferred relocation areas. A displaced household's preferred relocation area will be identified prior to the replacement housing resources survey and taken into account during the survey. REPLACEMENT HOUSING RESOURCES After the Needs Assessment is conducted in the Ph year, the Agency will conduct a housing resources survey to identify comparable, decent, safe and sanitary units available within close proximity to the Site. The survey will focus on identifying a rental housing inventory that addresses the replacement housing needs of those households needing to be relocated. Available unit types, quantity, and rents will be identified. The resources the Agency will use for this survey will include: local newspapers, Internet sources and property management companies located in the City of La Quinta and neighboring cities in the Coachella Valley. CONCURRENT RESIDENTIAL DISPLACEMENT At this time there are no other known projects that will result in the displacement of residential households/owners in the City of La Quinta. However, since relocation will not begin for eight years, future housing projects that result in resident displacement may compete for replacement housing resources. When the Agency updates this Plan, the Agency will identify all residential displacement projects in the City of La Quinta that have similar replacement housing needs. These projects will be accounted for when identifying replacement housing resources. TEMPORARY HOUSING There is no anticipated need for temporary housing. Should such a need arise, the Agency will respond and conform to applicable laws and requirements. PROGRAM ASSURANCES AND STANDARDS The Agency will use its Low and Moderate Income Housing Fund revenue, pursuant to Health and Safety Code sections 33334.2 and 33334.3, to provide relocation benefits. The Agency's tax increment revenue projections indicate that there will be sufficient resources to fund these relocation obligations. The relocation program will ensure that household displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. GRSG 245 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS No one will be displaced without a 90-day written notice and unless "comparable" replacement housing is located and is available. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the State Relocation Guidelines (25 CCR § 6000 et seq.) ("Guidelines"). The relocation program to be implemented by the Agency conforms to the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 at seq., if applicable, and all other applicable regulations and requirements, including the Agency's Relocation Method which incorporates the Relocation Assistance Program. RELOCATION ASSISTANCE PROGRAM During the 7`" year following the Sale, a comprehensive relocation assistance program, with technical and advisory assistance, will be provided, and close contact will be maintained with each household. To ensure that the Agency meets all of its legal obligations, the Agency will retain a Relocation Coordinator who, at a minimum, will perform the following activities: 1. Distribute an informational brochure concerning the relocation program to each household that may be relocated. 2. Inform all displaced households regarding relocation assistance, procedures and benefits. 3. Determine each displaced household's eligibility, needs and relocation preferences. 4. Present timely referrals to at least three comparable replacement units and, if necessary, provide transportation to inspect potential replacement units. 5. Maintain a database of available housing resources and distribute replacement site referrals for the duration of the relocation process. 6. Assist displaced households in securing and making necessary arrangements to rent or purchase replacement housing. 7. Assist with completing and filing of relocation claims, loan applications, and appeals forms, if necessary. 8. Assure that no displaced household will be required to move without a prior 90- day written notice. 9. Inform all displaced households of eviction and property management policies. GRSG CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS LANGUAGES Informational materials will be provided in English and also in any other language(s) most easily understood by the recipients. CITIZEN PARTICIPATION/PLAN This Plan will be provided to each household and will be available for public review during the mandated 30-day review period. Comments regarding this Plan will be included as an addendum prior to its adoption by the City Council of the City of La Quinta. A copy of the adopted Plan will then be forwarded to the California Department of Housing and Community Development. Any update to this Plan prepared prior to the commencement of the relocation activities in the seventh year after the Agency's purchase will follow the same process as this Plan. RELOCATION BENEFITS — RESIDENTIAL OCCUPANTS Relocation benefits will be provided in accordance to the Law, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with the Agency's administrative procedures. The Agency will provide appropriate benefits to each displaced household, as required. Eligibility requirements and benefit plans will be determined on an individual basis with. Each displaced household will be counseled on available housing options and any consequences that may affect financial assistance. Residential Moving Expense Payments Each displaced household will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover; each displaced household may select their desired payment (actual reasonable moving expenses or a fixed payment) as follows: Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the Agency will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household upon the presentation of appropriate documentation substantiating move. The cost of a professional moving service will be based on the lower of at least two acceptable bids obtained from licensed moving companies. 2. Fixed Payment - As an alternative to a professional move, displaced households may elect a fixed payment move. A fixed payment for moving expenses is based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation (refer to chart below). Displaced households who elect this option shall assume responsibility for the moving including the expense of utility re- connections. This schedule will be updated in when this Plan is updated. GRSG 47 CITY OF LA QUINfA RELOCATION PLAN - SILVERHAWK APARTMENTS Schedule of Fixed Moving Payments No. of Rooms Amount 1 $625 2 $800 3 $1,000 4 $1,175 5 $1,425 6 $1,650 7 $1,900 8 $2,150 Each Additional Room 1 $225 Rental Assistance to Households Who Choose to Rent Pursuant to California Government Code 7264 (b), displaced households may be entitled to a Replacement Housing Payment in the form of a Rental or Down Payment assistance, not -to -exceed $5,250. If the displaced households are eligible for Last Resort Housing benefits (refer to the Last Resort Housing Section that follows), then they may receive additional payments. A displaced household is eligible for Rental/Down Payment assistance if: The displaced household has lawfully occupied the Site as a permanent or customary and usual place of residence for no less than a 90-day period prior to the initiation of negotiations for acquisition by the Agency; and 2. The displaced household has rented or purchased, and occupied a decent, safe, and sanitary replacement dwelling within one year after moving from the Site. Rental or Down Payment assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: a. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or b. The monthly rent and estimated average monthly cost of utilities for the replacement dwelling actually occupied by the displaced household; or c. The total amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designates these amounts. The base monthly rental for the displaced households is the lesser of: a. The average monthly cost for rent and utilities at the Site; or b. Thirty percent (30%) of the displaced households average gross household income. If a household refuses to provide appropriate evidence of income or is a SRSG CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS dependant, the base monthly rental shall be determined by the average monthly cost for rent and utilities at the Site. Any changes to the above will be reflected in the updated Plan. Last Resort Housing Last Resort Housing Assistance will be considered by the Agency as a supplementary benefit if a displaced household's rental housing assistance eligibility exceeds $5,250 or when a low-income displaced household fails to meet the 90-day occupancy requirement. Recipients of this type of assistance who intend to purchase a home may request a lump sum payment for all the benefits in the form of a down payment. Down Payment Assistance to Households Who Choose to Purchase Displaced households eligible to receive a rental assistance payment (including Last Resort Housing benefits) may choose to utilize the payment for a down payment to purchase a replacement dwelling. If this option is utilized the entire eligibility amount must be used towards the down payment and eligible incidental closing costs. The Agency will arrange for the deposit of the total rental assistance eligibility amount in an open escrow account conditioned by contractual provisions that assure Agency funds will be reimbursed in the event escrow is cancelled or not closed within a reasonable period of time. Assistance to Homeowners No homeowners will be displaced. PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Agency within 18 months from: a. The date the claimant moves from the Site; or b. The date, on which final payment for the acquisition of real property is made, whichever is later. The procedure for preparing and filing claims and processing and delivering payments are as follows: Claimant(s) will provide all necessary documentation to substantiate eligibility of relocation assistance. 2. Benefit amount will be determined in accordance with the Law. 3. Claim forms will be prepared by the Relocation Coordinator on behalf of the claimant(s). Claims signed by the claimant(s) and supporting documentation will be submitted by the Relocation Coordinator to the Agency for review. GRSG f249 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS 4. Agency will approve or request additional information. if claim is approved Agency will issue a benefit check or if applicable, a wire transfer will be made. 5. Issued benefit checks will be hand delivered to the claimant(s) by the Relocation Coordinator; and 6. Upon verifying that the claimant(s) has completely vacated the Site and has secured residency in a replacement dwelling, final payments will be issued. RELOCATION OFFICE If and when relocation begins, the agency will establish and maintain a relocation office that residents subject to displacement can come to. RELOCATION OFFICE TAX CONSEQUENCES With respect to the Internal Revenue Code of 1968, or the Personal Income Tax Law (Part 10 of the Revenue and Taxation Code), relocation payments are typically not considered income. The Agency does not intend to provide tax advice by the previous statement. Displaced households are responsible for consulting with a tax advisor concerning the tax consequences of relocation payments. EVICTION POLICY The Agency recognizes that eviction is only permissible as a last resort and that relocation records must be documented to substantiate eviction. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. Eviction will only take place in the event of the following: a. Nonpayment of rent; b. Serious violation of the rental agreement; c. A dangerous or illegal act in the unit; or d. If a displaced household refuses to accept all reasonable offers to move. GRIEVANCE PROCEDURE The grievance procedures will follow the standards described in section 6150 at seq. of the Guidelines. Displaced households will have the right to dispute their relocation process and have their case re-evaluated by the Agency. The request for review must be made within 18 month relocation benefit period (refer to the Payment of Relocation Benefits section). Failure to make a timely request for review will result in the household's request being denied. A Relocation Coordinator is available to assist any household that desires to file a grievance. PROJECTED DATES OF DISPLACEMENT The Agency will issue a 90-day Notice -to -Vacate before any households are required to move off of the Site. It is anticipated that these notices will be issued during the 8t' year. Relocation is anticipated to be completed by the 10`" year, if not sooner. SRSG CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS ESTIMATED RELOCATION COSTS All relocation costs will be funded by the Agency's Housing Set Aside Funds. It is not possible to estimate the total amount needed for relocation because the Agency has no indication how many households will be displaced in 8 years. Currently, there are 105 occupied market rate units. The Agency estimates an average per -unit relocation cost $9,524. If, after eight years, none of the currently occupied market rate units have been vacated, the Agency's relocation costs are estimated to be $1,000,000. By adoption of this Plan the Agency hereby determines that the necessary resources will be available as required to fulfill the Agency's relocation obligations. HOUSING ELEMENT This Plan is consistent with the City's adopted Housing Element in that no change in the residential use of the property will as result of this Plan. RELOCATION PLAN UPDATE The Agency will commence relocation starting the eighth year after the Sale, and complete all relocation activities by the end of the tenth year after the Sale. This Plan will be updated, however, 6 months prior to commencing relocation activities. GRSG 251 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS LIST OF ATTACHMENTS Attachment 1: Site Map Attachment 2: California Department of Housing and Community Development Income Limitations — Riverside County (2008) Attachment 3: General Information Notice for Residents �52 SRSG 11 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS ATTACHMENT su vER41AWK APARTMENTS - LOCATIONAL MAP 0 0.2505 1 15 2Miles 2 5,3 r--M �� iC - -)l, 11 CITY OF LA QUINTA RELOCATION PLAN - SILVERHAWK APARTMENTS ATTACHMENT RIVERSIDE COUNTY 2008 Affordable Rent Limits (income figures based an Department of Housing and Community Development Income Limits dated March 11, 2008) Studio Median Income: $43.400 I Bedroom Median Income: $49,600 2 Bedroom Median Income: $55,800 3 Bedroom Median Income: $62,000 Irmealwy MNty Fint hmre07gly AW y16addeRat YmroQWM M,"Ajbdtle Fart Irmre QWM Mr7Hy/BadlteF4rt m VYYL' $M lkytnw BiID VaYlow 88al \&Ylm W75 law $051 Inv $744 lar sw lco sw Mdade $1,194 Wade $1,1w West, 81,535 Wade $1,705 4 Bedroom Median Income: $67,000 5 Bedroom Median Income: $71,900 6 Bedroom Median Income: $76.900 7 Bedroom Median Income: $81,800 YmreQkgxy Mr"AbdI feR§t IimreGkg7y Mr"AbobeRat Ymre07epy MmtylBodbeRal IstrteOle(Pry M "MadMeFiat wrylaw $BiB 16Ylow sw WYlwv $0 lbylnv j7,023 Law $1.005 Lou E1.979 Lou $1,154 Inv SI227 Mda9e $1,80 Mdaee $1977 Mdvae y7,115 kt2r a $2250 DEFINITIONS 1 Affordable Rent, Monthly rent amount would be adjusted for a reasonable utility allowance <t Y GRSG 12 CITY OF LA QUANTA RELOCATION PLAN - SILVERHAWK APARTMENTS ATTACHMENT 3 Redevelopment Agency of the City of La Quinta INFORMATIONAL NOTICE IMPORTANTI PLEASE READ CAREFULLYI The Redevelopment Agency of the City of La Quinta ("Agency") is in the process of purchasing the apartment complex you reside in located at 50660 Eisenhower Drive. YOU DO NOT HAVE TO MOVEI IF THE AGENCY BUYS THE COMPLEX, THE AGENCY WILL NOT BEGIN RELOCATION ACTIVITIES UNTIL EIGHT YEARS AFTER THE PURCHASE DATE OR APPROXIMATELY EIGHT AND ONE HALF YEARS FROM NOW. Once relocation activities begin the law requires the Agency to give you (if you are a lawful occupant) at least 90-days written notice before you have to move. At that time the Agency will explain the relocation process to all tenants needing to be relocated, and will provide relocation assistance as required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The Agency is currently seeking a housing company to operate the complex. Once the Agency has acquired the complex the selected housing company will take over management. The Agency does not anticipate any major changes in the day to day management of the property, and will provide details of the new property management company once they are selected. Who Can I Speak To If I Have Any Questions? The Agency has arranged for the Rosenow Spevacek Group Inc., a Relocation and Acquisition Consultant, to be available to answer any questions you might have. The Rosenow Spevacek Group can be reached Monday through Friday between the hours of 8:30 am to 5:00 pm at (760) 765-3070. DATED: July 15, 2008 PLEASE KEEP THIS LETTER FOR FUTURE REFERENCEI Z5, RSG 13 (V-�, 4 64& QU&M COUNCILIRDA MEETING DATE: July 15, 2008 ITEM TITLE: Consideration of a Resolution Approving the Fiscal Year 2008-2009 City of La Quinta Budget and Establishing the City's Appropriation Limit RECOMMENDATI AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Fiscal Year 2008-2009 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five - Year Resource Allocation Plan. FISCAL IMPLICATIONS: All Fiscal Year 2008-2009 revenues, operational appropriations and capital project funding are included in the Proposed Fiscal Year 2008-2009 Budget (Attachment 1). The Final General Fund Balance reserve for Fiscal Year 2008/2009 is $4,903 after changes have been made based upon the June 19, 2008 Preliminary Budget Council Meeting (Attachment 2). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council Meeting of June 19, 2008, the City Council adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 2008-2009 Fiscal Year. In addition to the items added at the preliminary budget session, staff is also requesting an appropriation for two replacement motorcycles from the Equipment Replacement Fund totaling $60.000. Additionally, staff has provided a list of continuing appropriations/encumbrances for Fiscal Year 2007/2008, as well as, a copy of the June 19, 2008 staff report for reference (Attachments 3 & 4). As indicated in the City Manager's Budget Message, staff believes that this year's budget is a continuation of the City Council's commitment to enhancing the quality of life for La Quinta residents as reflected in this years increase in police service costs. O As a result, staff has increased the budget estimates for most general fund departments while still maintaining a conservative fiscal policy. Upcoming projects include construction of a new village/cove area Fire Station, Corporate Yard - Phase I, and a sound attenuation wall along Washington Street at Laguna de La Paz. Also provided for the City Council review is the City's annual Five -Year Resource Allocation Plan (RAP) (Attachment 5). The RAP uses general assumptions, which are included in the attachment, to project revenues and expenditures for the next five years. In addition, the RAP lists the projected staff needs for the next five years. City staff requests that this item be received and filed. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: l /6 Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Fiscal Year 2008-2009 Annual Budget and Supporting Document (under separate cover) 2 Changes between Preliminary vs. Final Budget Accounts 3. Appropriations/Encumbrances 4. June 19, 2008 Staff Report 5. City's Five -Year Resource Allocation Plan 257 RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2008-2009 AND APPROVING A BUDGET FOR FISCAL YEAR 2008-2009 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and WHEREAS, Section 7910 of the government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in City population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2008-2009 is $86,846,889. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2008-2009 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 2008-2009 Budget which is on file with the City Clerk, is hereby approved. a�g Resolution No. 2008- Budget Approval FY 2008/2009 Adopted: July 15, 2008 Page 2 SECTION 4. The Redevelopment Agency agrees to the reimbursement to the City for services performed by the City on behalf of the Agency. Such reimbursement, as computed and included in the budget document, shall include salary, salary related costs, direct costs, and indirect overhead costs. SECTION 5. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2007-2008 are approved in the Fiscal Year 2008- 2009 Budget in an amount not to exceed $2,807,793. SECTION 6. Encumbrances for Fiscal Year 2007-2008 for committed appropriations are approved in the Fiscal Year 2008-2009 Budget in an amount not to exceed $164,386. SECTION 7. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 8. The City Council, recognizing the need for maintaining Fund Balance reserves has established a General Fund Cash Flow Reserve for the FY 2007- 2008 of 8.25% of the FY 2008-2009 budget which amounts to $3,689,359 for FY 2007-2008, and has also established a General Fund Emergency Reserve for FY 2007- 2008 of 35% of the FY 2008-2009 budget plus $4,000,000 which amounts to $19,651,824. �59 Resolution No. 2008- Budget Approval FY 2008/2009 Adopted: July 18, 2008 Page 3 SECTION 9. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. PASSED, APPROVED AND ADOPTED this 15th day of July, 2008 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 (SEAL) APPROVED AS TO FORM: �60 Resolution No. 2008- Budget Approval FY 2008/2009 Adopted: July 15, 2008 Page 4 M. KATHERINE JENSON, City Attorney City of La Quinta, California cb1 ATTAGNMLN 1 1 City of La Quinta Fiscal Year 2008-2009 Annual Budget and Supporting Document (under separate cover) 2 6 ,3 ATTACNMEN 1 City of La Qumta Changes Between Preliminary vs. Final Budget Accounts FY 2008109 General Fund - Operations Preliminary Budget - Reserve La Quinta Arts Foundation Coachella Valley Economic Partnership Boys & Girls Club - Facility Use Personnel Reserve Subtotal Equipment Replacement Machinery & Equipment - Add Two Police Motorcycles Reserves as of June 30, 2008 General Fund Encumbrances & Continuing Appropriations Cash flow reserve - 8 25% of budget Emergency reserve - 35% of budget plus $4,000,000 Continuing Operations & Projects Subtotal Preliminary Budget Changes Final Budget 52,703 (47,800) 4,903 100,000 45,800 145,800 10,000 7,000 17,000 60,000 10,000 70,000 75,000 15,000 60,000 245,000 47,800 292,800 Preliminary Bud et Changes Final Budget 126,000 60,000 186,000 Preliminary Budget Changes Final Budget 2,722,173 113,124 2,835,297 3,685,415 3,944 3,689,359 19, 635, 094 16,730 19, 651, 824 13, 707, 561 133, 798 13, 573, 763 39,750,243 0 39,750,243 264 265 N 1 1 A\a1llviCw 1 s7 City of Le Qulnta Fiscal YNr 2007108 Continuing AOpropria0ons/Encumbrances - Note 1 02Jui-08 As presented in Budget Documents Continuing Appropriation Department Account Description A no nation Encumbrances Total Amount City Manager 101-100241331-01 Contract ServlceslAtlmmistrahve 5500 5500 5,00 5,500 101-100341371.01 Machme-y B Equipment-Econ Dev Booth 5,000 5,000 Development Services 101-100341333-30 CVWD Landscape Design 25,000 25,000 101-100341333-35 CVWDlrogation Controllers 20000 20000 50000 50000 Management Services 101-1004413.53-05 Training B Education 600 6,500 101-10044135"13 MOU Job Related Education 1500 1500 e000 6000 City Clerk 101-2001L1132-10 Professronal-Zoning Ordinance Reformat 3000 3000 ]000 3O110 Community Services 101-3001-45180-07 FIND Food Bank 2W,000 250,000 101-3006-4517"2 Furniture 50,000 5Q000 101.3006-45171-02 KC Stare Future 2,098 2.00 101-300645171-02 Lawrence Metal Products 1886 1886 300.000 3.904 303 984 Central Services 101400241543-19 Innovative Document Solutions 2801 2801 0 2,801 2,801 Building and Safety 101-505542271-01 AMR Fines 91009 91009 91,009 65000 65000 101-500442471.01 Machinery B Egorpmen0lmaging Software 65,000 65 000 Subtotal 150009 t5800S 101-50544247141 Walmart-24 Portable CPS' 8436 8438 Police Services 0 6 436 6,436 Community Development 101600146332-10 Deficiency Program Expansion PL1315 43,500 43,500 10"Wl-46332-10 $01 LAFCOAppticationfees X200 34,200 101-6001-46332-10 S01 Fiscal Fee B Plan for Semites PL1340 36,000 36,000 101-6001463 32-10 S01 Land Use Plan 120.000 120,000 1016001416332-10 General Plan Update P1.1320 501,299 501,299 101600146332-10 GIS Database Update PL1325 25.000 25,000 1016001,16332-10 Lighting Ordinance PL13W 7,500 7.500 101-600146332-10 Golf Cart Plan PL1355 8.000 8.000 101-600146332-10 Energy Conservation Program 40000 40000 815499 0 815499 Subtotal 65,000 65,"0 101 D002463-3210 Village Urban Design PL2405 101-5002463-3210 General Plan Amendment PL2410 7.000 7,000 10143f102463-3210 Archaeological Curation P1.2425 5,000 5,000 101-W02463-32 10 Zoning Ordinance Update PI-2 430 50 "0 50,000 127000 0 127000 Subtotal 912 /99 0 9424gg Subtotal Public Works 101-7001L31-3207 Contract Sernces/Consultanrs-NAI 165000 165000 165000 0 165000 ' Subtotal 1 101-7002431-3207 Contract Semces/Consultants 35,921 35,921 101-7002431-3210 Contract Services/Prafessional 24,880 24,880 101-7002431-32 25 Bond Deposit Research 20,000 20,000 101-7002431-3240 Condition Writing 49,580 49,580 101-7002431-3245 RBFIBencbmark 30,000 3g000 101-70024316341 Printing of Development Engineering Handbook 1437 1437 161818 0 161818 Subtotal 73,260 73,260 101.7003L3138-65 Contract Services/Street Singing 101-700343134-04 Pavement B Rind 663707 663707 736967 0 738967 Subtatal 20,000 14,000 20.000 14,000 101-7005431 32.20 101-700543144-01 Signal Maintenance Boom Tmck Rental 101-700543156-55 101-7005431 56-55 JTB Supply McCain Inc 6.465 2,415 6.466 2,415 101-700543171-01 101-7005L31 71.01 JTB Supply Co DDL Traffic Inc 1,611 12.203 1,611 12,203 101-70054317141 Victor GMC 114,896 114,896 101-70054317141 101-7005431 71-01 101-700543171-07 101-700543171-01 Subtotal Traffic Signal Backup Systems Traffic Signal Updates iO Interconnect Econolde-Traffic Signal Video Cameras Republic ITS -damage repairs 60,000 46.000 5000 10.693 60,000 46,000 10,693 5000 165000 148283 293203 Total 11 20a Tait 14B Za3 1,357,0681 Total -General Funtl 2873 ]93 181504 2835 07 266 City or La Oulnta Fiscal Year 2001 Con0nuing Approprla0ons/Encumbrancas - Note 1 01 As presented in Budget Documents Inforinabon Technology Fund 12-5625 12.33.49 12-0301 FW2-ONO-512-71-01 Operating Supplies- Software B HTE Training Eagle Aerial -GIS Moral Software Maintenance Agreement Storage Devise 100,000 26,000 8000 7,002 100.000 7,002 26,000 9000 134000 ]002 141 002 Park Maintenance Fund 31 43-20 Pebble -Flex Semces 12,495 12,495 0 12,495 12.495 Total City of La Omnta 2 80] T93 181,00 ] 988 T94 Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 2008 267 04 �� Qum& F cFM OF COUNCIL/RDA MEETING DATE: June 19, 2008 ITEM TITLE: Consideration of Fiscal Year 2008/2009 Preliminary Budget ATTACHMENT 4 AGENDA CATEGORY: BUSINESS SESSION: n GLIRtx►`I�[I �7T71�IJ7:�:i1 STUDY SESSION: PUBLIC HEARING: Adopt the Fiscal Year 2008/2009 Preliminary Budget and direct staff to prepare a Fiscal Year 2008/2009 Final Budget for the July 15, 2008 City Council Meeting. FISCAL IMPLICATIONS: All Preliminary Fiscal Year 2008/2009 revenues, operational appropriations and capital projects funding are included in this Preliminary Budget. Pursuant to City Council direction, staff has presented the City Council with a balanced General Fund with an estimated operating surplus of $52,703 for Fiscal Year 2008/2009. CHARTER CITY IMPLICATIONS: 1►rem BACKGROUND AND OVERVIEW: Introduction As the City Council is aware the Budgeting process actually starts in February when the City Council discusses the City Council Goals and the Annual Financial Management review. The Annual Financial Management review is the first component of the strategic planning process and along with the discussion of the City Council goals are the building blocks of the Budget. The City Council has since reviewed and approved the Economic Development Plan, the Capital Improvement Program and the Marketing Plan for the upcoming Fiscal Year. Each of the implementation needs of these documents have been incorporated into the proposed budget. L 268 This preliminary Fiscal Year 2008/2009 Budget is similar to the format implemented in previous years. This format utilizes two separate documents to develop the City, Redevelopment Agency and Financing Authority's Budget. The first of the two documents utilized for presentation of this year's budget is titled: "Fiscal Year 2008/2009 Preliminary Budget," and includes the total scope of operations for the City, Agency and Financing Authority. The second document is titled: "Supporting Document." This document provides the detail for each program operation and the justification for any of the changes requested. Summary of This Year's Budget Revenues — General Fund Staff is pleased to report that this year's General Fund revenues reflect a net increase from the previous year. The City is ahead of the curve on recurring revenue generation, which has outpaced our population growth. This will eventually even out as population growth continues and land for commercial development is no longer available for additional revenue generation. This year's General Fund budgeted revenues reflect an increase in a number of revenue sources totaling $ 1,368,813 over last year's budget. However, the City is also experiencing some decreases in certain revenue sources due to a down -turn in the economy. The Fiscal Year 2008/2009 revenues are projected with the major changes reflected in the following tables: INCREASE/ REVENUE TYPE (DECREASE) Property Tax $ 1,298,300 Motor Vehicle in Lieu 803,700 County Fire 191,000 Transient Occupancy Tax 127,400 Franchise Fee 106,700 Interest (25,422) Fees for Service (205,845) Licenses & Permits (228,320) Document Transfer Tax (300,000) Sales Tax (522,000) Summary of all other changes 123,300 Subtotal 1,368,813 Change in Transfers 496,022 Application of reserves - Change in Reimbursements (528,102) Total $ 1,336,733 269 100 Expenditures — General Fund This year's General Fund budget has provided for numerous service level increases. Some of the more notable planned expenditures in this year's budget include: • Fourth and final year funding for the Cal State San Bernardino campus building. • Increase in Riverside County Sheriff contract by six positions - four sworn patrol deputies, one Community Service Officer, and one dedicated Lieutenant. • 3.7% Cost of Living Adjustment effective July 1, 2008 for the FY 2008/2009 and normal step increases budgeted for City employees. • Funding for the November General Election. • Increase funding to pay for general liability insurance. • Increase funding for the County of Riverside Library contract with the expansion of the La Quinta Library. • Increase funding for the General Plan update. • Increase funding for the Pavement Management/Slurry Seal program. • Funding for a study of a Park District Assessment District. • Increase in salaries and fringe benefits in the Streets Maintenance Division of the Public Works Department for a Maintenance Worker II to assist in the maintenance of Highway 111. • Increase funding for Street signs in the Cove. Percnnnel In addition to the various additions to the proposed budget, several changes in the reporting structure have been made in Fiscal Year 2008/2009. In FY 2007/2008, the Museum Division in the Community Services Department was created to account for the Museum activities and in May 2008 the Museum opened. Two (2) part time Museum Aides ($11 per hour) are requested to be responsible for working at the Museum to answer customer questions and operate the store. This funding has been included in the FY 2008/2009 Preliminary Budget. The Public Works Department is requesting a new position of Maintenance Worker II (Range 46) to ensure maintenance issues are addressed along Highway 1 1 1 since the City acquired the Highway from Caltrans in January 2008. This funding has been included in the FY 2008/2009 Preliminary Budget. The Finance Department is requesting a Range increase in the Accounting Manager position (from range 72 to 76) to reflect this position's responsibilities compared to similar Manager Positions in the City. The funding would come from the Personnel Reserve contained in the Management Services Division. i06 270 The Development Services Division in the City Managers Office is requesting two proposed Economic Development Project Manager positions (Range 71) to replace two Management Analyst positions (Range 68) to better reflect the specialized duties these positions perform. The funding would come from the Personnel Reserve contained in the Management Services Division. The Planning Division of the Planning Department has an Assistant Planner position that has not been funded in the FY 2008/2009 budget. This position has not been filled and remains vacant. Police and Fire Department Budget Discussions Police Services — the overall budget for Police Services has increased by $1,991,704. This represents the largest service level cost in the proposed budget. Police Services represents 26.8% of total General Fund expenditures for FY 2008/2009 as compared with 23.15% of the FY 2007/2008 budget. The cost increase is due to two factors. The first is an increase in rates for services. This rate increase results in an estimated cost of $435,359 for the existing level of service. The second cost increase is due to the proposed addition of six new positions — four patrol deputies, one Community Service Officer and one dedicated Lieutenant. The estimated cost for these six positions is $1,263,664. The City Manager concurs with the recommendation of the Police Chief regarding the need for these additional positions. It is important to note that Attachment 2 of the proposed La Quinta Police Department FY 2008/2009 budget from the Police Chief included an additional request totaling $495,748 for two additional patrol officers and related training costs for a total of six patrol deputies. Also included within the Police Department proposal is $120,134 for building improvements for a new Police Office along the Highway 1 1 1 corridor and an increase of $125,000 to $250,000 for special enforcement activities. Fire Services — the overall budget for Fire Services has increased by $117,323 to a total of $4,979,375 for Fiscal Year 2008/09. This represents the fourth largest service level in the proposed budget. Fire Services represents 1 1.1 % of total General Fund expenditures for FY 2008/2009 as compared with same percentage for FY 2007/2008. The primary factor for the increase is a $160,000 capital request for exhaust equipment at the stations while all other costs under the contract are expected to remain at FY 2007/2008 levels. No change in Fire Services personnel is being recommended. Revenues for these services have come from the Fire Structural Tax and Property Tax increment from Project Area 1 and 2, which should exceed appropriations and continue to result in a surplus. 271 Green and Sustainable Programs Included in the Fiscal Year 2008/2009 budget is a summary of City-wide green and sustainable environmental goals. Key green environmental projects include: Manage the Green and Sustainable La Quinta Program, which is directed toward reducing energy consumption and conservation of resources; Continue to partner with Coachella Valley Water District, Imperial Irrigation District, and the Gas Company to implement environmentally efficient programs that reduce greenhouse gas emissions; Complete energy audits and implement conservation enhancements for City buildings; Commence major update to City's General Plan that includes greenhouse gas and additional "green" programs and policies; Implement LEED, water conservation and other green/environmental programs for the SilverRock Resort clubhouse, golf courses, and related infrastructures; Install smart irrigation controllers at all City buildings; Implement and monitor the City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program; and Implement and monitor the City of La Quinta and Imperial Irrigation District Energy Reduction Program. Also included in the budget is a listing of department specific green and environmental projects totaling $763,200. Staff will be making significant efforts over this next fiscal year to meet the Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." Community Service Projects In past budgets, the Council has included community service projects to benefit the citizens, children, and business community (Attachment 3). This attachment reflects requests totaling $72,800 that have not been included in the Fiscal Year 2008/2009 Preliminary Budget. 103 272 The following table lists Community Service items exceeding $5,000 as contained in the Preliminary Budget: FY 08/09 AGENCIES BUDGETED CSUSB Building Fund (1) 250,000 Chamber of Commerce 130,000 La Quinta Arts Foundation 100,000 Boys & Girls Club - Facility Use (2) 60,000 YMCA Pool Contract 38,000 Grant Contingency 100,000 Community Special Events 12,900 Facility Dedications/Community Concert/Community Picnic 6,500 Date Festival 5,000 Coachella Valley Economic Partnership 10,000 Jacqueline Cochran Regional Airport ( Airshow and dues) 15,000 (1) FY 08/09 is the final payment. (2) $30,000 from Community Development Block Grant Overall, the City's General Fund Budget is a positive story. As identified on page C-1 of the Preliminary Budget, this year's budget is currently balanced and contains a surplus of $52,703. Some of the significant items or changes contained in the Preliminary Budget from FY 2007/2008, which total $3,105,692 are listed in Attachment 1. Other Funding Requests Listed below are funding requested by other agencies which have not been included in the Fiscal Year FY 2008/2009 budget: • A request of $145,800 from the La Quinta Arts Foundation. $100,000 has been included in the FY 2008/2009 budget. A remaining amount of $20,800 is requested for waiver of rental fees at the Civic Center Campus during the annual Arts Festival and $25,000 has been requested for other events and activities as outlined in the request. The request is provided as Attachment 4-1. • A request from the Riverside County Fair and Date Festival for an additional $5,000 to become a Patron Sponsor. $5,000 has been included in the FY 2008/2009 budget. The request is provided as Attachment 4-2. ioa 273 • A request for financial support (no specific amount requested) for DesertArc formerly the Foundation for the Retarded of the Desert. The request is provided as Attachment 4-3. • A request for an increase in sponsorship of the Jacqueline Cochran Air Show 2008 of $5,000. $15,000 has been included in the FY 2008/2009 budget for the air show and dues. The request is provided as Attachment 4-4. • A request from Coachella Valley Economic Partnership for financial support from $17,000 to $50,000. $10,000 has been included in the FY2008/2009 budget. The request is provided as Attachment 4-5. • A request from the Boys & Girls Club for an additional $10,000. $60,000 has been included in the FY 2008/2009 budget. The request is provided as Attachment 4-6. The City Council may consider any or all of these funding requests at this time or refer, as deemed appropriate, the request(s) to the grant process. State Budget Impacts The FY 2008/2009 budget does not contain any State mandated shifts, which have resulted in lost revenues to the City and Redevelopment Agency in the past. Timeline Attached is a brief outline of the City staff presentation of the Preliminary Budget (Attachment 5) as well as a one -page summary of highlights of this year's budget (Attachment 6). Also attached are a Summary and Supporting Fiscal Year 2008/20009 Preliminary Budget for Council's consideration (Attachment 7). Staff is requesting that, at the June 19, 2008 City Council meeting, the Council review and make amendments as necessary to the Preliminary Budget. Subsequent to this review, staff is requesting approval of the Preliminary Budget with a July 1, 2007, effective date. Staff will then incorporate all changes pursuant to the discussion of the Preliminary Budget and schedule the item for consideration at the July 15, 2008, City Council meeting for Final Budget adoption. Capital Improvement Program The Fiscal Year 2008/2009 Preliminary Budget incorporates the planned capital expenditures for next year. The projects can be found on Pages H-1 and H-2 and include funding for three (3) major CIP projects — Village/Cove Area Fire Station, 1,.0 274 Corporate Yard - Phase 1 construction, and the sound attenuation Wall at Laguna De la Paz on Washington Street. Earlier this year, the City Council considered these three - Five Year Capital Improvement Program (CIP) projects and recommended them. Since these discussions, staff is also recommending the following projects be added to the budget: • An additional $186,900 reimbursement to TD Desert Development Tract 25429 street and other roadway improvements from Transportation Development Fees. • An additional $65,000 for a Sand Volleyball Court from Quimby Fees. • An additional $63,000 reimbursement to KSL Tract 29136 street and other roadway improvements from Transportation Development Fees. • An additional $30,000 for Dune Palms Road home acquisition costs from RDA 2 Low and Moderate Income Funds. H-1 also lists the developer/sales tax reimbursements that the City of La Quinta General Fund is estimated to pay which total $713,454 for FY 2008/2009. Five -Year Resource Allocation Plan City staff is currently completing the Five -Year Resource Allocation Plan (RAP). This five-year plan forecasts the operating expenditures and the anticipated revenues to pay for these expenditures. Staff will incorporate any changes between the Preliminary Budget and the final budget into the Five -Year Resource Allocation Plan which is scheduled for presentation at the July 15, 2008 City Council meeting. Summary This memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 19, 2008 City Council special meeting. The City staff will be prepared with recommendations, and requests to report on, methods/suggestions to balance the operating budget. FINDINGS AND ALTERNATIVES: City staff is requesting: 1) Review and comment on the 2008/2009 Fiscal Year Budget and provide direction regarding any proposed changes to the document; and 275 2) Approval of the 2008/2009 Fiscal Year Preliminary Budget as amended at the June 19, 2008, City Council Special Meeting. (Any approved changes by the City Council to be incorporated into the Final Budget for adoption on July 15, 2008.) Res ecty submitted �� I Jo n M. Falconer, Finance Director Attachments: Approved for submission by: Thomas P. Genovese, City Manager 1. Changes between Fiscal Year 2008/2009 & 2007/2008 General Fund Expenditures 2. Proposed La Quinta Police Department FY 2008/2009 Budget 3 Grants/Contingency/Contracts/Other & Dept Requests 4-1. La Quinta Arts Foundation Funding Request 4-2. Riverside County Fair and Date Festival Funding Request 4-3. DesertArc Funding Request 4-4. Jacqueline Cochran Air Show Funding Request 4-5. Coachella Valley Economic Partnership Funding Request 4-6. Boys & Girls Club Funding Request 5. Staff Outline 6. Major Highlights 7. 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Q mu c m 'a` 0 mm J a� 3E- a 'z $ e a mtEi� �$LLLL `� � 88 88 u c vm s IL c c E w E g cm cm c E 2 002 m a C7 a o u X ii c, o f fE E 2 @=cg co mot mmaPn zc � 'roc o 5 R# @ W-�Eep,3E m' aoomYc nEnEco §EE- ocoa °EOOm m OcwIj u w ow co aL06` U E Eno�cw❑ cc u�>t o w _ w m_ E S g m w— P m m o p o o Um�Uo3z ammo zzo.a NNNNOU LLU �noU�uU c`i caw m ii � m ii c o c 2 y O L � P E n $ O � 3 � S g m o a a a ATTACHMENT 2 City or e Desert, I: /I FY 2008-2009 Prepared By Lieutenant Raymond Gregory 11� 283 Revised 3/19/2008 City of 'Gem of the Desert' To: Tom Genovese, City Manager Date: March 20, 2008 From: Captain Rodney Vigue, Chief of Police Re: Proposed Police Budget for Fiscal Year 2008-2009 After careful consideration and planning, the La Quinta Police Department is pleased to present a consolidated budget totaling $12,799,594 for fiscal year 2008-09. This budget contains funding for the needed resources to maintain the current level of patrol, plus several strategic enhancements to enable the police department to move to a higher level in its service to the citizens La Quinta and visitors to the city. This overall police services request represents an increase of $2,615,742 (about 26%) over last year's initial budget of $10,183,852 (before adjustments). The major factors making this increased funding commitment necessary are growth, the need for continuity in police administration, the need to maintain and improve a police presence in the Highway 111 shopping district, the need to protect the city's quality roadways and those who travel on them, and the need to have the ability to address crime problems and trends as they emerge. These issues will be covered in more detail in the pages that follow. The budget incorporates a projected 5% increase in the hourly patrol enforcement rates charged by the Riverside County Sheriff's Department for law enforcement services. The adjusted patrol rate. for FY 2007-08 was $111.88 per hour, which, considering the budgeted FY 2007-08 contract hours of 130 per day, required an expense of $5,323,250. The Contract Administrator estimates the hourly rate for FY 2007-08 will be $117.47, which will require a budget increase of $250,702 just to maintain the current number of patrol hours. We are, however, requesting an additional 30 patrol hours per day to increase patrol coverage with an emphasis on more concentrated patrol in the La Quinta Cove. This vital improvement will bring the annual cost for daily patrol to $6,860,249, which represents an increase of approximately 29%. Fiscal Year: Contract Rate: Contracted Patrol Hours: Number of Patrol Days: Cost: 2007-08 $111.88 130 366 $5,323,250 2008-09 $117.47 130 365 $5,573,952 Increase if Patrol Hours Remain the Same: $250,702 lL� 284 City of 41 "Gem of the Desert' K Fiscal Year: Contract Rate: Increased Patrol Hours: Number of Patrol Days: Cost:. 2008-09 $117.47 160 365 $6,860,248 FY 2007-08 Adjusted Patrol Cost: $5,323,250 Difference: $1,536,993 This increase in rates and patrol hours will require similar increases in those activities that support patrol functions, such as the training fee, and allotments for investigations and mileage. The proposed budget includes the addition of a dedicated lieutenant position to serve as the assistant chief of police. Currently, the lieutenant component of the patrol hourly rate is spread proportionately amongst administrators in several divisions of the Sheriff's Department that provide police services to the city. As such, the current lieutenant with primary responsibility to La Quinta is also given many ancillary duties to perform outside the city. With a dedicated position, the city will be part of the selection process and emphasis will be given to continuity in that position. The duties of that position outside the city will be sharply reduced, and the assigned lieutenant will be the primary contact for city police matters and have ex-officio authority to act as the police chief in all executive functions. The proposed budget includes the opening, famishing, and operation of a La Quinta Police Office in the Highway 111 Business Corridor. This office is anticipated to be in addition to the current police office in the Cove area on Avenida Bermudas. This office will provide a much - needed permanent police presence in the busy shopping district area, and be convenient for residents in the nor -them part of La Quinta. This office will also provide office space for the Business District Officer and the Special Enforcement Team, who have outgrown their small office at the Cove location. Subsequently the Traffic Services Team, which has no office space currently within city limits, will be able to move into the Cove Office to continue a dedicated police presence there. The budget also includes the addition of a Community Services Officer assigned to the Business District to increase police coordination with local merchants, perform crime prevention activities focused on the business community, and assist with the operation of the police office. The proposed budget includes funds to purchase and furnish a Commercial Enforcement Vehicle for the Traffic Services Team. The officers on the team are currently certifying in commercial enforcement, focused on regulating the construction vehicles and other large commercial vehicles that travel on the streets of La Quinta. Studies show that without concentrated enforcement, many of these vehicles are inadequately maintained and equipped, and travel with 285 City of e Desert' over -weight or improperly placed loads. This creates an acute danger to other vehicles on the roadways and will cause the La Quints's streets to degrade and require repair much more quickly. The proposed budget includes the allocation of funds to pay for the annual La Quinta Police Middle School Boot Camp, as well as an increase in funding for Special Enforcement activities, the Holiday Shopping Experience Protection activities, and additional periodic Special Operations. The budget includes funding for specific services and equipment items the Special Enforcement Team needs to be able to perform increasingly sophisticated operations. The City of La Quints, has consistently upheld a commitment to protect and enhance the quality of life for all who live in and visit the city. The City has also consistently recognized the vital role the police department holds in these efforts. Although we acknowledge there will be challenges in finding funding for all the activities that will need to be undertaken if we truly hope to meet these goals, we feel this budget represents a fair and balanced depiction of the need. As always, we stand ready to work with you in any way we can to maintain our safe and thriving communities, and ensure La Quints, remains the "Gem of the Desert." QU0 N tOTsfT T n NTNh n O000 MOOTOtOT T nN OODT 900) N NnMOO NNT T ONrr OOM NO'tY 0000 O��}}r0(ON tsN O r mo T000 00a OOOOT 00r 0 OD �} 0)Cl!-: f' M 0 LOaNds Mor �r ON MM tp NyOOh to OOrTr nn yWaNTtnO W N N N N r t y N M r r r O O N r M M M NtO r t0 N Of0 r TAN r error 4Y r r n W Q: t9 t9 H to t9 t9 t9 to t9 f9 . t9 to .... to . t9 Vi to t9 t9 to t9 to t9 Vl t9 f9 to 0 to w m as N m o co co D w n c O C to r vi r 44 W o o = N x t + jZ p O va-. 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Z. �(Q�•(yq�(CM�j t. (yq�(sq�}(fQ��(hQ� t?t.lh.t7! M,IJO, to �Wj��Nj�x t7!• lT NON( t�$ fOV NlO MCi (gp�(oq�(gO�(qq�(�p�}(Mv�' C1 Cl th xh �M N X C NNN . . NN . NNNNN(V NlV (V fV (V (V (V NNNNNNN f7 the N(V f� NN(V 288. City of acp0 PROGRAM FUNDING CHANGE JUSTIFICATION 'Gem or the Desert" Fiscal Year 2008-2009 changes in comparison to adopted Fiscal Year 2007-2008 Budget (unadjusted) Patrol Services — Increase $303,039 The hourly rate for patrol services, as estimated by the Contract City Administrator, was increased to $117.47 per hour for FY 2008-09. This is an increase of approximately 5%. This increase is based upon the current 130 hours of contract patrol service per day. Patrol Services Addition of 30 hours Per Day — $1,286,297 The City of La Quints. has recognized the need for increased law enforcement coverage in the city, particularly in the La Quinta Cove. With this in mind, we have included 30 additional hours per day to allow increased patrols around the clock in designated areas. This addition will also necessitate a one-time training fee of $200,947. Overtime Expense — Increase $84,293 The hourly rate for overtime is estimated to rise approximately 5% due to anticipated wage increases. Additionally, past usage numbers have shown that the budget for this line item has been consistently underestimated and has failed to keep track with growth. The growth in police department activity means more officers are being called to court on days off and needing to stay past the end of their shift to adequately handle assigned calls. This budget therefore includes a 20% increase in projected hours. This component includes projected funding for 4,200 hours of deputy overtime and 3,000 hours of investigator overtime. Special Enforcement Team (SET) — Increase $77,155 This cost reflects the new contract hourly rate of $117.47. This rate is set by the Contract City Administrator and is an increase of approximately 5% over the FY 2007-2008 actual rate. Community Service Officer — Increase $90,945 The hourly rate for dedicated Community Service Officers, as estimated by the Contract City Administrator, will increase by 5%. We additionally propose to add an additional Community Service Officer to be assigned to the Business District. This officer will be tasked with increasing police coordination with local merchants, performing crime prevention activities focused on the business community, and assisting with the operation of the police office. Gang Task Force Officer — Increase $3,402 This increase reflects the change in the contract hourly rate set by the Contract City Administrator for this position. This rate actually experienced a slightly lower than expected increase last year, so the projected rate for FY 2008 — 2009 is projected to be only about 3.5 % above last year's estimate. 12 gas Drug Task Force Officer - Increase $3,402 This increase reflects the change in the contract hourly rate set by the Contract City Administrator for this position. This rate actually experienced a slightly lower than expected increase last year, so the projected rate for FY 2008 - 2009 is projected to be only about 3.5 % above last year's estimate. School Resource Officer - Increase $7,824 This increase reflects half the projected rate increase for three school resource officer positions. It is anticipated the current cost -sharing arrangement with Desert Sands Unified School District will continue, and the school district will absorb the other half of the rate increase. Motorcycle Officer - Increase $56,354 This cost reflects the new contract hourly rate of $100.54, with an additional $1.78 for each hour the officer is actual on a motorcycle. This rate is set by the Contract City Administrator and is an increase of approximately 5% over the FY 2007-2008 actual rate. Dedicated Lieutenant - Increase $189,218 This cost represents the cost for the addition of a dedicated lieutenant position to serve as the assistant chief of police. By adding a dedicated lieutenant position, the city will be part of the selection process and emphasis will be given to continuity in that position. The duties of that position outside the city will be sharply reduced, and the assigned lieutenant will be the primary contact for city police matters and have ex-officio authority to act as the police chief in all executive functions. Dedicated Sergeants - Increase $3,199 This cost reflects the new contract hourly rate of $79.33. This rate is set by the Contract City Administrator and is an increase of approximately 5% over the FY 2007-2008 actual rate. Mileage Costs (Patrol Units) - Increase %8,400 The previous budget estimated patrol unit mileage at 350,000 miles. Actual usage figures estimate that this projected number will be exceeded patrol miles will likely be in excess of 400,000 miles. While this mileage number can vary widely depending on circumstances, projections show a conservative estimate of420,000 miles will be used on FY 2008-2009. This increase also includes a projected 5% increase in the rate per mile. Mileage Costs (Plain Units) - Increase $2,190 The previous budget estimated plain unit mileage at 15,000 miles. The proposed budget contains a modest increase in miles driven due to growth and a projected 5% increase in the rate per mile. Jail Access/Booking Fees - Decrease $93,565 Last year legislation passed wherein the State of California made funds available to Riverside County to eliminate the FY 2007-2008 booking fee. The legislature allowed for a jail access fee to be charged for bookings, except for felonies, DUIs, and misdemeanor domestic violence offenses. The jail access fee only applied to those bookings remaining that were in excess of the city's three-year rolling average of bookings for those types of offenses. The Corrections Division estimates La Quinta will -have -1b2- bookings- in XY 2008-2009--in .excess -,of -the three-year average. With a 2 i0 290 projected jail access fee of $384.01, this will cost the city $62,210. The legislation eliminating the booking fee additionally specifies cities will be responsible for all or a portion of the booking fee for the remaining bookings should the State elect to eliminate or reduce their contribution. The Contract Administrator has advised that early indications are the State may leave a 10 or 20% portion unfunded to help balance the State budget. In anticipation of this development, we are recommending an additional $22,101 be set aside, which would be 20•/0 of the fee for an estimated 911 bookings. Even with this possibility, the amount $84,311 budget request represents a substantial decrease from the FY 2007-2008 estimate of $177,876. DOJ Blood Alcohol Fees — Increase $984 In FY 2007-2008, the budget set aside $17,000.00 to cover DOJ blood alcohol fees and screening fees. This amount is conservatively more than adequate to cover the fees for the current year, but these fees are growing. With stepped up DUI enforcement, we anticipate these fees may continue to rise, and are therefore requesting a modest 5% increase. Cal ID — Increase $4,051 The estimated increase is based on population data from the State of California, Department of Finance, and Population E-1 Report. The per capita cost of $0.86 has not changed. Facility Fees — Increase $25,631 The Contract City Administrator has determined an increase for facilities fees to $109,200. However, due to proposed staffing increases, we are recommending a 10 % increase over that figure to $120,110. Records Management System — Decrease $53,525 RMS costs and usage have not increased over the last year as initially anticipated. The Contract Administrator expects fees to also remain fairly level throughout the coming year. We are thus recommending a reduction to $59,896. Special Enforcement / Projects Funds — Increase $125,000 The use of focused Community Oriented Policing programs has helped address dangerous crime trends and hazardous public safety and/or quality of life issues as they occur. The current level of Special Enforcement Funds has not grown in several years and has reached the point where it needs to increase, particularly for certain high -profile programs. We have also proposed to add funding for programs that have proven successful in the past, but until now have had no designated funding. Examples are funding for the La Quinta Police Middle School Boot Camp and for vitally -needed Surveillance(Special Investigations programs. These fund requests are addressed in more detail in a subsequent section of the budget request. Equipment, Building, and Vehicle Maintenance and Operations — Increase $33,577 This funding level is estimated by the City of La Quinta Finance Department based on estimates for known assets owned. The Finance Department has stipulated the indicated increase. 3 291 Equipment Purchase Expenses — Increase $139,647 The Traffic Services Team has requested funds to purchase and furnish a Commercial Enforcement Vehicle at an estimated cost of $69,700, including all needed equipment. The Traffic Services Team will also need to replace two of their current city -owned motorcycles due to age and mileage at an estimated cost of $59,296. The Special Enforcement Team (SET) has requested to purchase several specialized items to be used in surveillance operations and the service of search warrants. This equipment includes night vision goggles, an infrared digital camera, a video camera, rechargeable flashlights, and tools for building entry. The SET estimates the total cost of these items will be approximately $23,827. SET is also requesting a contract with a vehicle rental establishment for the routine and rotating use of vehicles for surveillance activities at an estimated annual cost of $9,824. SET is also requesting funds to purchase additional patrol bikes for use in the Business District, select neighborhoods, and at the schools. The estimated cost to purchase and furnish these bicycles is $10,486. The Citizens -on -Patrol and Volunteer Program is asking for funding for necessary patrol items (such as radios and flashlights), uniforms, emergency supplies and recruitment literature. Their request totals $20,875. Citizens-on-Patrol/Volunteers — Increase $1,750 The La Quinta Police Citizens -on -Patrol program has joined the National Association of Citizens -on -Patrol and requests a modest increase in funding to continue to pay for membership fees and the costs of participation in the annual conference. Community Policing Offices — Increase $162,800 The Cove Police Office is currently furnished with old second-hand office furniture that is oversized for the small rooms. There is no room for the staff and volunteers that occupy this space. The solution is to install professional workstations in the front office, team office, and patrol office. The computers and printers at the Cove Office have also not been replaced in many years and are not currently on the city's replacement fist. The estimate for the workstations, technology, plus supplies is approximately $41,800. The FY 2007-2008 budget allocates $17,325 for utilities and janitorial service for the Cove office. The proposed budget includes a 5% increase in this amount. The budget request includes funding for a second police storefront office to be located in the Highway 111 Business District. We have identified a potential location for this police office in the Dune Palms Plaza, 47-120 Dune Palms Rd, Suite B. Staff has meet with the leasing company for this site, and compiled estimates for any improvements or equipment that would be needed to turn this site into a functioning police office. The FY 2008-2009 budget request includes modification and equipment costs of approximately $37,526, lease costs totaling $70,428, and utility/janitorial costs of $12,180. The total estimated first -year cost for this police office is $120,134. 4 492 Crry or Service Level Fiscal Year 2008-2009 Funding It is projected the City of La Quinta Police Department will continue to receive approximately $100,000 in funding through the Supplemental Law Enforcement Services Fund (SLESF) grant administered by Riverside County. The police department may also be eligible for Justice Assistance Grants and will seek additional grant funds where appropriate to augment funding of specific programs. In addition to outside grants, the department will need an additional $250,000 of general fund monies to be combined with the outside grants to fund the following programs: Holiday Shopping Experience Protection Program - $50 000 The Holiday Shopping Experience Protection program runs from the day after Thanksgiving through New Year's Day. It provides a significant amount of extra patrol and presence in the City's shopping districts where robberies, purse -snatch incidents, thefts, and car burglaries are likely to occur during the holidays. With the police department helping provide a secure shopping environment, customers feel safe and are therefore attracted to the extensive shopping and dining opportunities that exist in La Quinta. Problem SpecWic Traffic Program - $50 000 The Problem Specific Traffic Program operates throughout the year. Through the utilization of Crossroads traffic data, the La Quinta Police Department has been able to identify target areas where specific problems are occurring. Additional manpower is then assigned to assist the Traffic Team with the abatement of those violations most likely to cause traffic collisions. Traffic programs currently funded through this program include targeted Holiday DUI shifts, School Zone Speed Reduction, and Street Racing Enforcement. This fund is also used to pay any additional expenses for grant -funded sobriety checkpoints that are not covered under that grant. Robbery Prevention Program - $100,000 The increase in the number of businesses locations and has increased the potential for robberies in the city. Historically, we have also experienced periodic strings of residential neighborhood robberies requiring focused interventions. This year-round program incorporates increased bicycle, Segway and patrol unit patrols in the Highway 111 corridor, along Washington Street, and in Old Town. The program also supplies additional resources when needed to serve robbery - related search warrants and increase focused neighborhood activities. It is anticipated that 500/a of the cost of this program will be covered by the SLESF grant. i c G ,q.q Bur¢larv/Theft Prevention and Apprehension Program $100 000 The Burglary/Theft Prevention and Apprehension Program mirrors the Robbery Prevention Program in many ways, but focuses primarily on addressing burglary and theft problems as they arise. This year-round program maintains a focus on reducing burglary, theft and auto theft through the education of potential victims, identification of potential crime locations, and the aggressive investigation and apprehension of those suspects committing these crimes. This fund is utilized for extra activities to support the city's neighborhood watch programs and working with business owners to reduce shoplifting, fraud, and embezzlement. The multi -layered approach provides remedies and encourages citizens and the police to work together on this problem. It is anticipated that 50% of the cost of this program will be covered by the SLESF grant. Special Investigations/Surveillance Program - $30.000 The Special Investigations/Surveillance Program is designed to address special crime problems not covered in the other grant areas. Examples of crime problems where additional resources have been needed in the past include pattern -specific sexual assault incidents, vandalism/graffrti, and vice activities to include drug sales. The purpose of this fund is to support surveillance activities, enforcement activities, and the service of search warrants to abate specific crime issues that require intervention beyond what the Special Enforcement Team and patrol are able to complete with daily staffing. La Ouinta Police Middle School Boot CamD - $20.000 The La Quinta Police Middle School Boot Camp, now in its third year of operation, is a cooperative effort between the City of La Quinta, the Sheriff's Department, the Probation Department, and the Desert Sands Unified School District. The City, through the police department, has historically provided funding for cadet uniforms, supplies, and activity expenses. The Sheriff and Probation Departments contribute staff for the boot camp, and the school district contributes the location. This program typically operates for 3 '/2 weeks in August, providing a wholesome, educational activity for approximately 50 middle school -aged youth as they learn self-discipline and are exposed to principles of law enforcement and the juvenile justice system. an City of Directly -Funded Police Services: Twenty -Seven Patrol Officers Three School Resource Officers Two Dedicated Sergeants (Administration / Special Enforcement) One Coachella Valley Narcotics Task Force Officer (CVNTF) One Coachella Valley Violent Crime Gang Task Force Officer (GTF) Six -Officer Special Enforcement Team (SET) One Business District Officer Four Community Service Officers Five Motorcycle Officers Community Policing Office Citizen Volunteers Critical Incident Services and Shared Resources: One Lieutenant Four Patrol Sergeants Four Investigators Traffic Reconstruction Unit Special Enforcement Bureau (SEB), also referred to as SWAT Hostage Negotiations Team (HNT) Forensic Services Unit Canine Units with access to Bloodhound Units and Search Units Hazardous Device Team (HDT), also referred to as the Bomb Team Coachella Valley Narcotics Task Force Coachella Valley Violent Crime Gang Task Force Central Homicide Unit -East (CHU) Aviation Unit Underwater Search & Recovery Team, also referred to as the Dive Team Desert Search & Rescue (SAR) Riverside Mountain Rescue Unit (RMRU) Sheriff's Mounted Posse Explorer Post #503 c95 Accomplishments FY 2007 — 2008 Worked with allied agencies to address juvenile behavior at La Quinta High School, both Middle Schools in La Quinta, and the newly opened Continuation School. Continued the cooperative agreement between the City of La Quinta and the Desert Sands Unified School District, and formed strong ties with the new school superintendent and her administrative staff. Addressed traffic problems, including red-light runners at Highway 111 and Washington Street, and continued reducing the number and severity of injury and non -injury collisions. Held the first sobriety checkpoint in La Quinta in several years to educate the public of the dangers of driving while intoxicated and to take dangerous offenders off the road before they caused harm. Provided detailed monthly reports to the City Council, City Manager and staff regarding criminal activity, target programs, statistics, and crime trends. Implemented a strong presence in the La Quinta Business District during the holiday shopping season to abate crime before it could happen and give all shoppers an assurance of safety when they choose to shop in La Quinta and patronize local restaurants. Provided specialized services (Aviation, SEB, HNT, SET, Traffic Accident Reconstruction) and worked interdepartmentally with other bureaus (CHU, CVNTF, GTF) and cities (Indio and Palm Desert Police) to reduce/combat criminal activity within the city. Updated and modernized the Crossroads Collision Data Base, providing more accurate traffic collision data input for City $ngineering and Police Department use. Continued operation of Community Oriented Policing Office in the Village area of La Quinta Cove. Citizen volunteers staffed this office on a full time basis to provide direct access to police services for all La Quinta residents and visitors. Citizen Volunteers donated a total of 3,241 hours of service in 2007. Continued recruitment for Police Volunteers. We utilized the Volunteers in several emergency and non -emergency operations for traffic control and other public safety activities. Continued targeted special enforcement programs to combat specific crime problems 2 296 within the City and developed additional programs to focus on new problems. These programs included burglary suppression, robbery prevention, traffic safety, and special event security. Enhanced the Cove bicycle patrol program to include using Segways to patrol the Hwy I I I business district and Old Town La Quinta. Implemented a policy of aggressively identifying persons who had committed crimes in La Quinta and seeking them out to prove the crime and make an arrest, even if that meant getting a search warrant and serving it on the perpetrator of crime where they lived. Selected and supported a new candidate in the Business District Officer position to address to the needs of La Quinta businesses and the customers who patronize their establishments. Held the second annual La Quinta Police Middle School Boot Camp in August 2007, and provided approximately 50 cadets the opportunity to learn good citizenship while exposing them to the workings of law enforcement and the criminal justice system. Improved press relations and community interactivity by maintaining a free flow of appropriate information, and making staff and administrators available for public forums and other events. Goals For FY 2008 — 2009 Work with the City Council and staff in determining community needs and utilize community -oriented policing techniques to reduce the fear of crime. Increase visible police presence in residential areas where there exists a perception of crime, and work with community leaders to strengthen our partnerships within these communities. Work with City staff to identify priorities and secure funding sources that will provide for enhanced public safety. Build a stronger year-round presence in La Quinta's business districts to ensure citizens and visitors feel safe and encourage repeat visits. Work with City leaders and staff to provide a level of police staffing and programs that are fiscally responsible to the City in the long term and will keep pace with City growth. Continue to aggressively respond to and combat criminal activity within the City. 3 133 297 Work with the Gang Task Force and Narcotics Task Force to minimize gang and narcotic activities within the City. Maintain a strong special enforcement team to quickly address emerging crime trends and quality of life issues, and provide the team with the necessary resources to safely and efficiently to their job. Continue to work with the City's youth to offer alternatives to delinquency and develop strong citizenship skills. Continue to create an atmosphere of public trust and cooperation between the community and Police Department. Field and support a traffic services unit able to provide a broad base of services to ensure the safety of those who utilize the local roadways, reduce the occurrence and severity of traffic collisions, and protect the City's roadways from premature deterioration. Expand the size and utilization of the La Quints Police Volunteer Program and Citizens -on -Patrol to cover all areas of the city and supplement the Department's efforts in the La Quinta Cove. iJd a 298 La Quinta Police Department 82-695 Dr. Carreon Blvd., Indio CA. 92201 Stanley Sniff - Sheriff MEMORANDUM To: Lieutenant Gregory Date Fr: Sergeant Walton Re: Commercial Vehicle Enforcement Equipment Request SUMMARY: March 6, 2008 This request outlines the needed purchase of specialized equipment for the La Quinta Police Traffic Services Team. This request warrants the acquisition of a high profile, load capable, vehicle that can be used to regulate commercial vehicle traffic within the city limits of La Quinta. As such, this vehicle would be outfitted to comply with the definition of an emergency vehicle and carry equipment to enforce the commercial vehicle laws of California. Additionally, the La Quinta Police Traffic Services Team can utilize the special nature of this vehicle during fatal traffic collision investigations and safety checkpoint operations. LARGE TRUCK CRASH FACTS • Statewide, 5,190 people were killed in crashes involving large trucks in 2006, representing 12 percent of all traffic fatalities. Of these, 77 percent were occupants of another vehicle, 14 percent were large truck occupants, and 8 percent were non -occupants. An additional 116,000 people were injured in those crashes. (National Highway Traffic Safety Administration. (NHTSA) 2007). • Nearly one -quarter of occupant deaths in passenger vehicles that had multi -vehicle collisions were the result of crashes involving large trucks. (Insurance Institute for Highway Safety). • Large trucks make up just 4 percent of all registered vehicles and 7 percent of all vehicle miles traveled, but are involved in I 1 percent of all crash fatalities. (NHTSA). • The annual death toll from truck -related crashes is the equivalent of twenty-six major airplane crashes every year. • The large number of truck -related deaths and injuries carries an enormous personal and financial price tag. The costs of large truck crashes in a year exceed $19 billion. (Federal Motor Carrier Safety Administration (FMCSA)). Trucking deregulation, a booming economy, and the concepts of just in time delivery" and "rolling warehouses" have produced a deadly trend in the commercial trucking industry -- the exploitation of truck drivers by pressuring them to speed and drive over the legal hours of service limits. As most of you r 131, � Imow, truck drivers we not protected by the Fair Labor Standards Act of 1939, which guarantees all other Americans a basic eight lour work day with time and a half for overtime. Too many long haul and regional drivers are compensated today by the mile or by the load This unfair system encourages, some would say "rewards", speeding and driving fatigued, both of which are the most heavily related causes of large truck fatality collisions. The FMCSA has acmowledged that perhaps as much as 84 percent of drivers maintain maccu mle logbooks with the great mr}jority having falsified entries, both of the amount of driving time, and of off - duty rest time. Heavier Single -Trailer trucks result in a significant amount of pavement damage. Pavement damage increases exponentially with the weight of a truck. For example, one 80,000-pound five -axle truck does the some road damage as 9,600 automobiles and five -axle trucks operate well above 80,000 ponds in a mumber of states. A 100,000-pound five We truck does as much damage as more than 27,000 automobiles. Proponents of bigger trucks argue that adding axles to heavier singles would ameliorate pavement damage. That is not true if time axles are "lift axles." Adding axles to ameliorate pavement damage makes trucks harder to tun but lifting the extra axle(s) eliminates that difficulty. If the lift axle is too high the truck is overloaded. Studies of lift axle use, as well as anecdotal evidence from truck enforcement officers, show that lift axles are often improperly used, either purposefully or due to poor maintenance. There is also evidence that tridern axles, which would be used on six -axle tractor -traders, cause damage to pavement sub-surhm and slabs that most studies do not consider. (Pavement damage calculations am based on the American Association of State Highway and Transportation Officials (AASHTO); Louisiana DOT Study,1999) The La Quints Police Traffic Team is qualified to regulate large truck operation within the city boundaries. The current and projected growth of the city has caused a significant influx: of commercial traffic on existing streets. The need for commercial vehicle regulation will be needed long after the development of properties has subsided to combat an increase of commercial service vehicles. Commecial regulations apply to gardening vehicles that pull trailers, product -laden trucks, agricultural trucks, aggregate vehicles, and rubbish vehicles. The enforcement of commercial vehicles is a specialized scope within law enforcement. The proven reductions of collisions that cause property damage, injuries, and death have been realized by jurisdictions that maintain an active commercial vehicle enforcement unit. Commercial vehicle enforcement requires specialized equipment to gather vehicle weight and height data during enforcement Investigations. Commercial vehicles, by their nature, have large statures. The use of a high profile commercial vehicle truck allows visibility and equipment carry ability a standard patrol vehicle lacks. RECOMMENDATION• I recommend the purchase of a vehicle and specialized equipment to implement the regulation of commercial vehicle traffic within the boundaries of La Quima. Vehicle: Cosh 2008 F250 4x4 Crew cab truck, 6.81. V-10 engine, 5 speed automatic trensaxle $44,565.00 100 300 ' (The actual cost will be less fleet/govemment discount price) Camper Shell Finagency lighting / La Quinta Police Markings Police Radio system / Shotgun / AR-15 rack Eaniument: Axle Weight Scales, National Scale U C AX-5 160K x 201b (6 scales) 100 Reflective Traffic Cones (18') KUSTOM Golden Eagle RADAR Mechanic's Under Carriage Creeper Gasoline Portable Power Generator Mistxllancous Tools (extension cord, wheel blocks, supplemental heft) Total: State Saks tax, shipment cost approximations, and projected inflation: Net Totat: $4,500.00 $1,995.00 $2,100.00 $5,995.00 $1,200.00 $2,985.00 $ 150.00 $ 450.00 S1.200.00 $65,140.00 $ 4359.80 $69,699.80 301 4WLa Quints Police Department 82.695 Dr. Carreon Blvd., Indio CA. 92201 Stanley Sniff - Sheriff MEMORANDUM To: Lieutenant Gregory Date: March 6, 2008 Fr: Sergeant Walton Re: Replacement Motorcycle Request SUMMARY: The City of La Quinta owns two (2) BMW 1150RTP motorcycles. Each motorcycle will reach the expected lifespan of three years, or 60,000 service miles within the 2008-2009 budget year. RECOMMENDATION: 1 recommend the purchase of two replacement motorcycles for La Quinta Police Traffic Services. Based on current use, maintenance expense records, quality, and serviceability, I recommend the City purchase the Honda ST1300P. CURRENT MOTORCYCLES FOR REPLACEMENT: 2002 BMW I t50RTP, 51,235 miles 2004 BMW I ISORTP. 47.124 miles Renlacement Vehicle: Cost: 2008 Honda ST1300P Motorcycle, Five speed transmission $15,057.25 (Includes Doc fee, Sales Tax, and Tire Tax) Equipment (Emergency Lights, Crash Bars, Siren. Accessories) $5,665.96 Installation $1.500.00 Police Radio system / Shotgun / AR-15 rack / City Police Logos $2,500.00 KUSTOM Golden Eagle RADAR 2$ .985.00 Total: $27,708.21 7% projected inflation: 1$ ,939.57 Net Total: S29,647.78 The replacement purchase price for two (2) motorcycles: $59,295.56 1J$ 302 UIl'MENT MAKEIMODEL PRICING Battery High Output Battery YTZ10S 92.52 Battery Separator SurePower 1314 58.28 Relay/fuse DCH 50.00 Accessories Front Guards with MC rise 559.00 Rear Guards small design MC Enterprise 1300-007 included above as set Streatnlight Rechargeable Flashlight 122.40 Rear Gun Mount, Lock,10 sec timer, & Muzzle Plug 440.00 Note pad holder DCH Wonted 032149 49.99 Citebook holder mounted to &unt(left side 108.00 14dar holder ProLasor 3 mounted to front guards (ri& side 320.40 Heli Handle Bar Risers 170.10 otnar 'on system. 600.00 Radio city to install radio, speaker, bracket, antenna and Push to Talk Switch NA Parts Total 5258A3 Parts Sales Tax 7.756A 407.53 TOTAL PARTS WS,% Installation IISW,08 • CUDA LED lights very similar to the Predator H lights can be included for $1370.50. *We recommend the Unitrol Omega 90 SireWPA amplifax with a Unitrol U75044on cable hmmss for plug and play installation. We have installed the commonly recommended Unitrol UM80K amplifier but it requires proprietary harnesses for cabling, the cost is comparable. J Police Bike Proposal 10 December 5, 2007 303 Riverside County Sheriffs Department Indio Station La Quinta Police Memorandum To: Lt. Gregory Date: 03/06/08 From: Dep. Celaya #2955 Ref: SET Investigation Equipment and Services Sir, the members of the La Quinta Special Enforcement Team would like to request specific equipment and services to further assist us in our investigations. The investigations we have been involved in include surveillances (night and day), high visibility saturations, and search warrants. During these investigations we have found that the lack of equipment and services has become an obstacle for us. During nighttime surveillance investigations, our team has had to utilize a single night vision scope that doesn't work consistently. The picture on the scope is too grainy, and the zoom power isn't very good. Each team member requires night vision binoculars to better see a problem residence, wanted suspect(s), suspicious or stolen vehicles, or property (i.e. copper wiring and valves) from different angles in times of darkness. The use of a night vision camera would also capture the aforementioned incidents and assist us in the prosecution of suspects. During daytime surveillance, video cameras are greatly needed to assist us in observing wanted suspect(s) coming in and out of certain residences, vehicles, and businesses. The recording of a residence will also help identify things or obstacles that can be officer safety issues during search warrant service or suspect contacts. A great tool for daytime and nighttime surveillances is the use of rental vehicles. There were instances when the team conducted programs in the business district and residential areas and the use of rental vehicles was required. The use of a rental vehicle allowed SET members to watch from a close proximity without being compromised. The use of a video camera would allow SET members to capture the incident via daytime and nighttime recording. 140 304 During high saturation programs, officers can also use the resource of a rental vehicle by having a SET member park at a designated problem area. During this program SET members also could have utilized the resource of night vision binoculars, video cameras, and high- powered flashlights. The tools needed would help SET members in the areas of intelligence gathering and officer safety. SET members have served search warrants with the use of only one door Ram and one door Pick. We have found that we required a second set of tools to gain access due to obstacles we have encountered. In one instance SET members required the use of multiple tools to gain entry in a bedroom inside a residence. SET members had to slow down our progress in clearing the residence for our safety. It is imperative SET members have the tools necessary to conduct our operations with the utmost safety and efficiency. Below you will find a list of items requested, vendors, along with the price of their products as well as tax, shipping and handling fees included. u tit Item Vendor Cost 08 Rigel 2100 SL Might Vision Might Vision Binoculars.com $ 5631.20 Goggles with hard case O1 Thermal -Eye 250 D Thermal Optics Planet.com $12,595.97 Imaging Digital Infrared Camera with hard case. 01 Sony Handycam HDR-UX20 Circuit City $ 1120.58 8GB Hard Drive/MS Card HD Camcorder with case. O8 SurefrelOX Dominator Ifigh Surefire $ 3879.00 Powered Flashlight with AC/ DC Rapid Charger. 01 Blackhawk Dynamic Entry Galls $ 378.55 Monoshock Ram 01 Blackhawk Dynamic Entry Galls $ 221.70 Hallagan Tool. The corporate rate at Enterprise Rental Car provided by Ray McCall for a compact vehicle is $549.00 per month. The contract is renewed every three months and the vehicle can be switched out daily if needed. An additional cost of $11.99 per day can be added for liability and $8.99 per day for damage waiver on the vehicle. Total per month with damage waiver: $818.70 Total per month with liability: $908.70 141 305 Equipment: $23,827.00 Vehicle Rental @ $818.70 Per Month: $ 9,824.40 Total Cost: $33,651.40 Respectfiilly Submitted, Ismael Celaya #2955 142 306 City of 44 7e Desert" 0 MEMORANDUM To: Lieutenant Gregory Date: March 11, 2008 From: Deputy John Alexander Re: Patrol Bike Proposal This memo is to request the purchase of six additional patrol bikes for the La Quinta Special Enforcement Team, the La Quinta Business District Deputy and the three La Quinta School Resource Officers. The patrol bikes are used for high visibility of police presence in the La Quinta business district during holiday seasons to detour crime. The patrol bikes have been used in past by the La Quinta Special Enforcement Team for "saturation" programs in the La Quinta Cove area. The patrol bike allows the officer a personal contact with the citizens of La Quinta. The patrol bike also gives the officer the ability to slow down and obtain a better view of the area he is patrolling. Patrol bile officers have the ability to approach potential lawbreakers m a stealthy manner. Patrol bikes are an important tool utilized by Police Departments nationwide. There are currently ten patrol bikes assigned to the City of La Quinta for use by officers in the above listed assignments. There are three 21.5" SLR Trek patrol bikes, three 19.5" SLR Trek patrol bikes and four 18" Trek patrol bikes. One of the 21.5" Trek patrol bikes is not being used due to its larger size. The other two 21.5" Trek patrol bikes are assigned to La Quinta Special Enforcement Team members. The three 19.5" Trek patrol bikes are also assigned to La Quinta Special Enforcement Team members. Of the four 18" Trek patrol bikes, only one is currently assigned to a La Quinta School Resource Officer. The other three 18" patrol bikes are not assigned and are 1 1 807 143 :i in need of minor repairs. Additionally the 18" patrol bike used by the SRO is too small for his stature. The longevity of a patrol bike is three to five years depending on rigorous use and regular maintenance. The three 21.5" Trek patrol bikes and three 19.5" Trek patrol bikes are approximately three years old. The four 18" Trek patrol bikes are approximately seven years old. The four 18" patrol bikes have outdated equipment and at times have become quite costly to maintain. The four 18" Trek patrol bikes should be replaced due to the extreme length of rigorous use. I have contacted two local bike stores in the Coachella Valley and one m Yucaipa for quotes on patrol bike pricing. Tri-A-Bike 44-841 San Pablo Pahn Desert, Ca. 92260. Ph. # 340-2840 Description Price Cannondale Enforcement 1 Patrol Bike, includes kick stand and rear rack. Nite Rider light system. Siren and flip down red and blue lens. Nite Rider taillight. Duty bike bag. $ 899.98 ea. $ 379.98 ea. $ 49.96 ea. $ 9.00 ea. $ 39.00 ea. Total: $ 1490.12 tax included. Palm Desert Cyclery Inc. 77-780 Country Club Dr. Palm Desert, Ca. 92260 Ph. # 345-9096 Description Price Trek Police Bike 2008. $ 1,099.99 ea. Nite Rider lights digital patrol w/wig wag $ 375.00ea. Nite Rider universal taillight $ 65.00 ea. Nite Rider siren $ 60.00 ea. Equipment rack $ 40.00 ea. Trek Patrol Bag $ 89.99 ea. Total: $ 1,853.98 tax included. i44 2 308 Yucaipa Bike Center 34-844 Yucaipa Blvd. Yucaipa, Ca. 92399. Ph. # (909) 790-1551 Description Price Trek Police Bike 2008, includes kick stand and bag rack. $ 999.00 ea. Rear rack bag Jandd Deluxe $ 54.95 ea. Nite Rider lights digital patrol w/wig wag $ 339.00 ea. Flip down red/blue lens $ 29.74 ea. Nite Rider siren $ 59.49 ea. Water bottle cage $ 15.28 ea. Nite Rider taillight $ 53.54 ea. Total: $ 1,551.99 + sales tax. I request the purchase of six patrol bikes in all; four bikes to replace the four 18" bikes that are seven years old and two additional bikes for the two La Quinta SROs who currently have no bikes assigned to them. I request five 19.5" patrol bikes and one 17.5" patrol bike. The 19.5" bike will meet the physical stature for the average officer. The 17.5" bike will be for officer of smaller stature. I recommend the patrol bikes be purchased from Yucaipa Bike Center. The overall cost of the fully equipped patrol bike is not the most expensive and is not the least expensive. However the least expensive patrol bike was a Cannondale. All of the current patrol bikes are Trek and I would recommend continuing with the same brand and equipment. I would also like to request the purchase of additional vehicle rear mount bike racks. These racks are used for transporting the patrol bikes to and from deployment areas. We currently have two of the three capacity bike racks at Indio Sheriff's Station and at times due to several different events occurring at one time the bike racks are not always available. Additional rear mount bike racks may be necessary for the three School Resource Officers to transport their bikes to and from their respective assignments. The Bike Racks secure to the vehicles trunk edge with tie down straps. A secondary tie down strap is used to secure the bikes to the rack. Description Price._ Thuley Speedway Bike Rack 3-Bikes $ 140.00 ea. Hollywood Bike Rack 2-Bikes $ 69.99 ea. 14-3 3 309 I recommend the purchase of the three bike rack which is comparable to our existing equipment. Total recommended purchase. 6- Trek patrol bikes w/equipment @ $ 1,551.99/ea. = $ 9,311.94 3- Three capacity vehicle racks @ $ 140.00/ea. = $ 420.00 Total $ 9,731.94 Sales Tax = $10,486.17 Respectfiilly submitted, Deputy John Alexander, #3271 i4n 4 3i0 City of Memorandum e Desert" To: Lieutenant Raymond Gregory Date: March 7, 2008 From: Sergeant Matthew Martello Re: C.O.P.S. and Volunteer Program This budget proposal is to provide information regarding the operation needs of the La Quinta Police Volunteer Program and the La Quints. Police Community Orientated Police Services (C.O.P.S.). Community. policing is often referred as a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem -solving tactics and police -community partnerships. The central goal of the COPS volunteer program is to assist our Police Department in implementing and enhancing community policing. Community policing focuses on crime and social disorder through the delivery of police services that includes aspects of traditional law enforcement, as well as prevention, problem solving, community engagement, and partnerships. The community -policing model balances reactive responses to calls for service with proactive problem solving centered on the causes of crime and disarray. Community policing requires police and citizens to join together as partners in the course of both identifying and effectively addressing these issues. Our citizen volunteers have donated thousands of hours and help supplement and support officers and civilian personnel by allowing them to concentrate on their primary duties. Volunteer roles may include performing clerical tasks, serving as an extra set of "eyes and ears," assisting with search and rescue activities, and writing citations for accessible parking violations. Operating costs for maintaining this program is minimal for the return service provided by these volunteers. The budget proposal is requesting equipment (safety cones, flashlights, digital camera), maintain clerical supplies and provide police radios for communication and volunteer safety. The radio costs attached to this budget request is the largest sum and is a one-time charge for purchase. 147 C.O.P.S and Volunteer Program Budget Request Tax is included in all line items. Two (2) Streamlight Flashlights 20XP-LED $210.00 (Streamlight Flashlights.Com) One (1) Digital Camera Canon Power Shot W/case/Upgraded storage $230.00 (Office Max) Printer Ink Cartridges $1500.00 (Office Max) Uniforms $600.00 (Foundation of the Retarded — DesertARC) Clerical Supplies (label maker, paper, notebooks etc.) $1200.00 (Office Max) Emergency Supplies (police activity assistance, ice, water, food etc.) $775.00 Police radios: P7100 Handheld (HT) COPS Patrol $4100.00 M7100 Mobile Radio for COPS vehicle $4700.00 Office Desktop Radio for Cove Sub Station $6700.00 LED Cones- Pack and Pop folding safety cones $200.00 (GALLS) TurboFlare 8 pack multi -task light safety lights $260.00 (Beyond Bulbs Tactical Light Gear) Recruitment program (literature, advertisement) $400.00 Total: $20,875.00 14$ 2 312 City of Memorandum e Desert" To: Lieutenant Raymond Gregory Date: March 7, 2008 From: Sergeant Matthew Martello Re: La Quinta Cove Sub Station Budget Request This budget request is to replace the outdated, computers, and printers inside the Police Sub Station. It is also being submitted to add protection features to the unsecured building and make better space of limited workspace. The La Quinta Police Cove Sub Station officially opened in January 2001. The building was designed to provide service to the community and a location for officers to conduct business. The Sub Station is operated during the day by La Quinta Police Volunteers and currently is the work area for the Special Enforcement Team and Patrol Officers. Citizens use the location to report crime and gather information from officers and volunteers. Volunteers dedicate their time daily in the front office and keep the doors open during business hours throughout the week. The Special Enforcement Team is presently occupying the largest office; however, the team is planning to move to a new Sub Station location within the business district. The relocation of the Special Enforcement Team will allow the La Quinta Traffic Team to move in to the existing Sub Station. At this time, the Traffic Team does not have a work location and the redesigned workspace interior plan will provide six workstations for the team. Currently, the officers, volunteers and Special Enforcement Team workstations are a mix of different large old metal and wood desks, which were donated and placed in the station by the Sheriff s Department in 2001. The bulky desks limit the workspace and are aesthetically displeasing in the reception and officer work areas. Updating the obsolete furniture by replacing it with contemporary, space saving, functional, and organizational workstations is necessary and overdue. Removing these desks will create more workspace by better utilizing the current office space square footage. The new workstations will provide more storage, work room and is a better design for the existing restricted work environment. 313 The computers inside the Sub Station where last updated in January 2003, and need to be replaced. Additional computers are necessary for the office due to the creation of new workspace from this proposal. Printers for these computers will also be necessary. Cove Sub Station Budget Request Tax is included in all line items. Herman Miller Meridian 5000 De "kin Aeron Task Seating, Meridian Files Product is to be delivered and installed in the Special Enforcement Team, front and patrol offices. GM Business Interiors. $25,000.00 Computer: Eight (8) computers provided by the City of La Quinta. $12,000.00 Printers: Two (2) printers provided by the City of La Quinta. $2, 500.00 Supplies: Ink cartridges, paper, files, generic notebooks, tape, staples, miscellaneous supplies. $2,300.00 Total Cost: $ 41,800.00 314 MEMORANDUM To: Lieutenant Gregory Fr: Deputy Burgle Date: March 10, 2008 Re: Capital Request —Highway III La Quinta Police Substation REOUEST: I am requesting a Highway 1 I 1 storefront La Quinta Police Substation to better serve the businesses on Highway 1 I 1 and residential communities in north La Quinta. HISTORY/FACTS: As the City of La Quinta continues to experience record growth, so does the La Quints Police Department. Our current substation located in Old Town La Quinta is approximately I, 100 square feet and serves as office space for patrol officers, motor officers, special enforcement officers and volunteers. The department and its resources have outgrown its current substation and an additional substation is needed. At times, officers have to utilize the primary station in Indio to conduct investigations or complete reports. With the addition of another substation, commutes to the primary station would be significantly reduced and productivity would increase. The current substation in Old Town La Quinta has been a historical landmark as well as ari ideal location for citizens residing and doing business in the southern area of La Quinta. With the addition of another substation on Highway 111, the police department will be more accessible to businesses on Highway 1 I 1 and as well as north La Quinta communities. With future plans of the primary station moving from Indio to Thermal, a second substation would again increase productivity and decrease commute times to La Quinta. DETAILS: Lease Information: Pat Wood PO Box 1764 La Quinta, CA 92247 818-317-3374 315 1J1 The proposed substation is located at 47-120 Dune Palms Road Suite B inside the Duce Palms Plaza. The substation has access to Dune Palms Road and Highway 111. The following is a list of neighboring businesses: Moore's Karate, Ttsms West Design Center, C.V Beauty College, Pool and Spa, Store Quest and Chevron Oas Station. The square footage of Suit B is approximately 2,552 square feet. The base rem is $1.90 per equate feet plus .40 NNN. The total monthly rent would be $3,869.60 per month. The monthly tent includes water, trash, building insurance, property taxes, coauaon area maintenance and some property management. The proposed substation has wall-to-wall carpet, finished walls and ceiling. There are 9 upgraded cubicles including locking cabinets and 9 chairs. There is a conference room which contains a conference room table and 8 conference room chairs. There are 2 enclosed offices that are side by side. There is a men's and woman restroom located at the rear of the substation as well as a break room and reception area. The above items are included in the rem. Electricity $150 per month Phone Bill (including data lines) $600 per month Security system $30 per month Pest Control $35 per month Janitorial Cost $200 per month Estimated monthly utility costs $1,015.00 MODIFICATION COST& Comp Vendor— Circuit City 11 - HP 19" Desktop Computers $10,000.00 1- Microsoft Word Program $500.00 1—Cannon Portable Printer $250.00 Vendor — Toshiba corn 1- Toshiba e-Studio5500c Copier $3,800.00 Vendor — Best Buy i- Brothers Fax Machine $99.00 From Counter ffla tion room) Vendor — A & G Ccosm"m 1— Counter (estimated cost) $3,500.00 J u16 $jgg_and imps Vendor —Best Sign I — Sign and logos $3,000.00 Telephones Vendor — Best Buy 12 — Panasonic Telephones $2,160.00 Office R nitme Vendor — FilingCobicets.com 2 — Schwab Series 5000 Filing Cabinets $4.000.00 Vendor —Office Max 2 — OfficePro Unassembled Office Hansen Cherry desks $2,800.00 2- Office Max Mesh Managers chairs $200.00 2- HON 5902 Series ComforTask Chair Wout arms $140.00 4- Office Max folding chairs $160.00 6- HON 4051 Multi Purpose Stacking chair with arms $1,200.00 Vendor —Circuit City I — Viuo 3r HDTV Television $800•00 1— Sony DVDIVCR Combo $90.00 Break Room Eauroment Vendor - Sears 1— Kenmore Refrigerator $383.00 1— Galaxy Microwave $53.00 Miscellaneous Rents Vendor — Quartet 1- Dry erase board (6x4) $300.00 Estimated cost Estimated tax Estimated shipping Estimated Total TOTAL COST Rent - $5,869.60 per month Utilities 41,015 per month Modification Costs & Equipment ESTIMATED GRAND TOTAL $33,435.00 $2,591.21 $1,500.00 $37,526.21 $70, 428.00 $12,180.00 $37, 526.21 5120-134.21 153 317 OTHERLOCATIONS: A second possible location for a substation is located at 79-M Highway I l l Suite 03 within The Centre at La Quints. The location is situated on the southwest corner of Dune Patens Road and Highway 111. The space has 1,800 square feet. The asking price is $3 per square foot plus S.65 NNN. The total monthly rent would be $6,570.00. This spate is a "Vanilla Shell" (wall textured, drop ceilings and fights). Construction costs are not included to build a reception area, cubicles, and office space for supervision. A third possible location for a substation is located at 794M Corporate Carter Drive #116 within the IF Building. The space has 2,118 square feet. The asking price is S1.80 per square foot plus S.32 NNN. The total monthly real would be $4,490.00. Construction costs ate not included to build a reception area, cubicles and a second office for supervision, however the owner is willing to absorb some of construction costs. Deputy Burgle Business District Deputy 318 i54 (2/2U2G08 Prezd Burjie_47120 Dune Palms Flov Plan.pdf _�...� . -- -- — - Page 1 . EX"Mff "Co FLOOR PLAN A� U 1 M - W n t' P 319 153 ATTACHMENT 3 Vo �e _ a 0 o oa 0 4 O I O I m O N b O r 4 P j h n 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 O N O yOj O m 0 i SS O C O O N O O O O O O O O O O O O O O O O O O O O O O N m 0 1� n N O O F N N N V o mn o o eoo'ooge00000 o'o o'o'o 'oo'000'oo�0000e�u�i oo��ao�o� 6 Y tl m Y � L Y a � U Its C E c W p m m Z IL 0 Cyq Z` Y O O 0 E U a�8�� B888aw g cm E 2' 0FE acoc❑� $UwLLg�c m & E F Y ti ' 9 cu £ S m m c w T L N L L & W L 0 R R c 92U Eu°. E- c o• o 0 3 022 8 O 0 a ,`o�L_rn "t1 W _m aam LLc a Y(7K E E> 5 m 5 U m. 0 m< m u� .� n@ 2 o»� � 8 S E °� < t x t m c0 �m a c�cd0 as 0000 O E:=_ UE Lu i�`u ynI E mU umi ami i'� > m m W m a 2 E m m a �e W a E Z' E> m 9 o o 'o g q 8 W W W W W m G> Yi m L d 2 � o o b g o . W 0 c o O o 0 6 E m u W E U CJ LL U C7 (A N U Y LL J J O J J J, J 3 U� - 9 a F o c N 320 \ q /\ ( °\\ .1 / /\( \§,� $ n ! | } ~ _\k k / - !! !! -- k|f ■,!!! 0 \ CE �`� )k\!/, 1 321 157 ATTACHMENT 4-1 April 16, 2008 Mr. Thomas P. Genovese, City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92247 Re: Renewal and possible expansion of Facilities Use Agreement of August 1, 2006 2008-09 Application for Contract Services Agreement Request for Waiver of Fees Dear Tom, For the purposes of annual budget hearings, may this serve as La Quinta Arts Foundation's request for the City's consideration to renew the Facilities Use Agreement of August 1, 2006. We ask consideration also be given to waive associated facility rental fees, previously imposed at $20,800 for the renewal term. In conjunction with renewal of the Facilities Use Agreement, we request Council consider a 2008/09 Contract Services Agreement for production and promotion of the 27"' Annual La Quinta Arts Festival in the amount of $100,000. Further, we would like to open a dialog regarding the possibility of holding an additional event at the Civic Center Campus and would also like to explore the possibility of La Quinta Arts Festival parking at SilverRock Resort. Last year Council supported newly created events including Blues, Brews & BBQ which drew thousands of people to La Quinta generating commerce and good will in the community. We hope the Council will consider renewing support for these and additional planned events and activities in the amount of $25,000. Please see LQAF's final report for details, attached. In partnership with the City and in particular La Quinta's Community Services Department, La Quinta Arts Foundation is grateful and proud to have developed and collaborated on activities so widely embraced and supported by the community and beyond. We look forward to continuing and strengthening our relationship with La Quinta's Community Services Department and to being a resource for the new museum to bring programs for the benefit of the residents and visitors to the City of La Quinta. Sincerely, 0 Christi Salamone Executive Director c: Mayor Don Adolph Council Members Henderson, Kirk, Osborne, Sniff L J a Edie Hvlton. Communitv Services Director 322 April 16, 2008 r c w O Mr. Thomas P. Genovese, City Manager ® y p City of La Quinta c P. O. Box 1504 - c La Quinta, CA 92247 o w A R T Su_ Re: 2007-08 Contract Services Agreement Final Report Dear Tom, In accordance with the provisions of 2007-08 Contract Services Agreement, may the enclosed materials serve as our proof of performance report If attendance, volunteer participation, and art sales are an indication, the 2007-2008 La Quinta Arts Foundation Activities Season met with huge success. Our contributions to the season were as follows: • SilverScreen at SilverRock- A `sob out" evening of cinema, food and fun showcasing SilverRock Resort's event and catering capabilities. • Art Under the Umbrellas at Old Town - Six weekends presenting 70+ artists complimented by live music and art demonstrations. Free public admission and parking. • Blues, Brews & BBQ - City of La Quinta staff estimated attendance at this one day event in Old Town at 6,000, plus. A sanctioned BBQ contest, sampling, live music, microbrew beers appointed the day. Over 20 community organizations were present to showcase their goods and services to the public, including fire protection and law enforcement who participated in the amateur cook -off. • Women in Art - Your Passport to Fashion - Brought La Quinta to El Paseo. More than 300 consumers visited Chico's clothing store to meet LQAF's six representative artists interpreting the art of fashion with their respective art mediums. • Los Angeles Theater Excursion to "Wicked"- Collaborating with Community Services staff, we designed an excursion including a private dinner at a Los Angeles restaurant and theater performance to a sold -out crowd of 50+. LQAF designed and printed and mailed invitations and flyers in addition to soliciting our database to attend. • Distinguished Artists of La Quints - Partnered with Community Services Department to identify, nominate and acknowledge local artists qualifying for recognition under established City program. Approximately 100 people attended the dedication ceremony and reception. • La Quints Community Picnic - As always, La Quinta Arts Foundation is slated to participate in the annual picnic providing a take-home art project for 300 attending children. • Old Town La Quinta Tile Mural - LOAF was instrumental at identifying La Quinta Artists Nancy and Larry Cush to design and install two murals at Old Town La Quinta where the original artist was unable to complete his services due to illness. • San Diego Museum Excursion- Partnering with Community Services Department to optimize an excursion to the Georgia O'Keefe exhibit slated for September 2008. • Desert Cities Public Art Forum - Hylton and Salamone represented La Quinta at the inaugural forum, hosted by City of Palm Desert. • La Quints Museum - Working with Museum Director, Kim Mack to provide historical data and materials for exhibition and grand opening of the museum. iJ.� La Quinta Arts Festival — It was repeatedly stated La Quinta Arts Festival 2008 was the best festival ever presented by LOAF. As of the date of this report art sales total slightly over $ 2 million. Given the state of the economy, to have achieved increased attendance and art sales demonstrates LQAF's increased marketing efforts were effective. A new partnership was formed with the City of Cathedral City to make their Art in Public Places purchases at La Quinta Arts Festival a perennial occasion. This first year, their expenditures totaled over $38,000. A sampling of 36% of the total purchaser's addresses indicates 35.62% of purchasers hailed from other US States and Canada, while 64.38% listed California residences. Of those who listed California as their residence, 42% came from outside of the Coachella Valley, and 58% were from throughout the Coachella Valley and high desert. This data indicates La Quinta Arts Festival is achieving the dual purpose of attracting visitors to La Quinta in addition to being a high quality cultural resource within the community. Attached please find the comprehensive marketing plan and expenditure detail (un- audited and awaiting final expenses) for La Quinta Arts Festival 2008 along with examples of the print advertising and secured editorial. As agreed, the City of La Quinta was prominently acknowledged as Premier Sponsor of La Quinta Arts Festival 2008 in marketing collateral. We are also proud to report La Quinta Arts Festival collateral including commemorative poster (2007 25 h Anniversary Poster and Boxed Note Cards) again received recognition from the Advertising Federation of the Desert, this year securing two Gold Awards which mean advancement to regional competition. In accordance with the conditions listed in Exhibit A, Scope of Services and Schedule of Performance, the City additionally received a.) full page, full color ad in the Festival 2008 official program, value $1,850 b.) full page, full color ad in Southwest Art Magazine, cost $2,384, c.) a website link to the City of La Quinta website from LOAF website. The City of La Quinta also receives the corresponding 1% sales tax return, estimated this year at over $22,500, a City business license fee from each artist participating in La Quinta Arts Festival and all other La Quinta Arts Foundation exhibitions, estimated at 400 artists and LQAF suppliers each paying a minimum of $15 estimated minimally at $6,000. (Also see Economic Impact Calculator attached) National recognition for La Quinta Arts Festival and the City of La Quinta was achieved by LQAF securing renewed partnerships, sponsorships and editorial coverage from prominent publications such as Los Angeles Times Travel Section, Southwest Art Magazine, Wildlife Art, Art News, Crafts Digest, and complimentary listings in AAA Westways, Sunset Magazine, Inland Empire Magazine, Desert Key Magazine -Arizona, The Business Press, San Diego Union Tribune, OC Register, Ocean Home, Daily Breeze, Redland Daily Facts, San Bernardino Sun, North County Times, and The Californian, among others. We are proud to continue the tradition of Promoting and Cultivating the Arts, contributing to the superior quality of life and advancement of the City of La Quinta. Sincerely, Christi Salamone, Executive Director c: Mayor Don Adolph, Council Members Henderson, Kirk, Osborne, and Sniff 2 100 3<4 Edie Hylton, Director, Community Services Dept. ECONOMIC IMPACT OF LA QUINTA ARTS FOUNDATION ACTIVITIES La Quinta Arts Foundation applauds La Quinta decision makers for your continuing support of La Quinta Arts Foundation's programs in our community. The positive economic impact of supporting the activities of La Quinta Arts Foundation is outlined in the Arts and Economic Prosperity 111 report issued in June 2007 by Americans for the Arts. This comprehensive survey using fiscal year 2005 data provided by 6,080 organizations in 156 study regions, calculating the spending patterns of more than 280,000 event attendees, bears out one truth — The Arts Mean Business. Nationally, the nonprofits arts and culture industry generates $166.2 billion in economic activity annually — a 24% increase in the past five years. This spending supports 5.7 million full time jobs strongly rooted in their respective communities. The arts and culture industry also generates nearly $30 billion in revenue to local, state and federal governments each year. By comparison the three levels of government collectively spend less than $4 billion annually to support the arts and culture — a return of 7:1 on investment. Riverside County, represented as one of the 156 study regions in the Survey, reports convincing evidence that the nonprofit arts and culture are a significant industry that generates $67.87 million in local activity. $41.07 million is spent by non profit arts and culture organizations with an additional $26.8 million in event -related spending by their audiences, which delivers $6.74 million in local and state government revenue. The study again validated that the cultural visitor spends more and stays longer than other travelers, in our area $54.90 spent by ran -residents versus $25.84 spent by residents for an overall average of $33.02. Higher spending was typically found in the categories of lodging, meals and transportation. Riverside County spending exceeds the national average of $40.19 for non local audiences vs. $19.53 local audiences. Using the Arts & Economic Prosperity Calculator, LQAF is able to provide you data on the impact of our activities (see attached). The first model tabulates the impact of LQAF's direct spending which indicates our position in the community as supporting 50 full time jobs, and returning nearly $65,000 to local government coffers. The next model incorporates additional direct expenditures made at LQAF events, more specifically art sold at La Quinta Arts Festival and Art Under the Umbrellas. The impact of that commerce equates to $131,344 returned to local government These undeniable statistics send a dear message to civic and business leaders that investment in the arts reaps the additional benefits of jobs, economic growth and quality of life to attract a skilled and creative work force. The arts pump vital revenue into restaurants, hotels, retail stores and other local business. The enclosed testimonials from our business partners, patrons and volunteers reinforce the study conclusion. 3 101 325 Information STEP 1: POPULATION POPULATION of your community: Less than 50.000 STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): y 1000000 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 30000 i'.calculate reset Total Economic Impact Of: Total Household Local State Expenditures FTE Jobs Income Government Government Revenue Revenue Nonprofit Arts and Culture $1,000, 000 28 $606,170 F$29,520 F $37,320 Organizations: Nonprofit Arts and Culture Audiences: s847,800 22.2 $305,912 $35,404 $40,109 Total Industry Impact: $1,847 800 50.2 $912,082 $64,924 $77,429 (The Sum of Organ¢a[iorrs antl Audiences) ... 1?titit,YoUrResails • ; Please see the fine Print below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event -related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full-time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full-time employee, two half-time employees, four employees who work quarter -lime, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income Back to Calculator Government The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated commwnities, providing very specific employment, household income, and govemment revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. ® Copyright 2007 by Americans for the Arts. www.AmericansForTheArts.org http://www.americansfortheafts.orgfinformation_services/research/services/economic_imp... 4/16/2008 16 2 w 3�s Information IlIVIIIII WMEM STEP I:POPULATION POPULATION of your community: Less than 50,000 STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): 3250000 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 30000 calculate, reset Total Economic Impact Of: Total Household Local State Expenditures FTE Jobs income Government Government Revenue Revenue Nonprofit Arts and Culture Organizations: 53,250,000 F 91 E1,970,053 F E95,940 E121,290 Nonprofit Arts and Culture 5847,g00 22.2 5305,912 $35,404 $40,109 Audiences. Total Industry Impact: S4 097,800 113.2 $2,275,965 $131,344 $161,399 (The Sum cf Organizations and Audiences) P Ping Yoursesurts j Please we the fine Print below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event -related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full-time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full-time employee, two half-time employees, four employees who work quarter -time, etc Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization and/or its audiences. Back to Calculator Men using estimates derived from this calculator, ahvays keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, Providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. ® Copyright 2007 by Americans for the Arts. www.AmericansForTheArts.org http://www.americansforthearts.orgri nforynation_services/research/services/economic_imp... 4/16/2008 iG3 327 Arts&Economic Prosperitylll 5 '"ARTS The Arts & Economic Prosperity III Calculator UNDERSTANDING THE ARIS & ECONOMICPROSPER17TIII CALCULATOR Because of the variety of communities studied and the rigor with which the Arts & Economic Prosperitylll study was conducted, nonprofit arts and culture organizations located in communities that did not natticipate in the studv can estimate their local economic impact by using this tool. Estimates can be derived for both spending by nonprofit arts and culture organizations and event -related spending generated by their audiences. But first, the fine print ... When using estimates derived by the Arts & Economic Prosperity Ill Calculator, always keep the following caveats in mind: 1. The results of this analysis are based on averages of similarly populated communities. 2. Your results are estimates. This method of estimating economic impact is not a substitute for conducting a customized economic impact study on your community. (The Standard Deviation and the 95% confidence interval provide a sense of how well the averages represent the sets of numbers from which they were derived). 3. Input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data. ECONOMIC IMPACT OF SPENDING BY NONPROFIT ARTS AND CULTURE ORGANIZATIONS Researchers developed a calculator that provides an estimated economic impact per $100,000 of spending by nonprofit arts and culture organizations. Thus, every $100,000 of spending by a nonprofit arts and culture organization has the following estimated total impact on its community. Table 1: Economic Impact Per $100,000 of Spending by Organizations Population Cohort Full -Time Equivalent Jobs Resident Household Income bwal_ Government Revenue State Government Revenue Fewer than 50,000 2.80 S60,617 $Z952 S3,732 50,000099,999 3.09 $65,759 $3,411 S3,895 100,000 to 249,999 2.86 S64,897 $3,588 $4,051 250,000 to 499,999 2.99 S68,933 $3,571 S4,428 500,000o999,999 3.02 S71,881 $3,944 S4,554 1,000,000 or More 2.90 $70,003 S4,010 54,018 Avg. at AN Study Regions Standard Deviation 95% Confidence Interval Source: Americans for the Arts, 2007. 2.94 $66,944 0.58 $10,804 0.11 S1,975 S3,589 $4,121 S1,062 S980 $194 $179 Page 1 of 3 328 lU An Example ofHaw to Use Table 1 An administrator from an arts and culture organization that spends $250,000 wants to determine the organization's economic impact on full-time equivalent employment on its community of 300,000 people. The administrator would: 1. Find the appropriate population grouping in Table 1-in this example, the `250,000 to 499,999" population grouping; 2. Determine the amount spent by the nonprofit arts and culture organization -in this example, $250,000; 3. Divide that total expenditure by 100,000; and 4. Multiply the resulting figure by the FTE Jobs economic impact ration from the `250,000 to 499,999" population grouping in Table 1. Thus, $250,000 divided by 100,000 equals 2.5; 2.5 times 2.99 (from Table 1) equals a total of 75 full-time equivalent jobs supported within the community. The same estimate can be made for household income and revenues to local and state government. ECONOMIC IMPACT OF EVENT -RELATED SPENDING BY ARTS AND CULTURE AUDIENCES The economic impact of event -related spending by arts and culture audiences can be derived similarly. The fast step is to locate the median dollar amount spent per person directly as a result of attending a nonprofit arts and culture event excludin the cost of admission). Identify your population group column; the number at the bottom is the per -attendee estimate of event -related spending - Table 2: Median Per Person Event -Related Audience Spending E:pen iture Category POPULATION COHORT --[ FFrn50,000 00 to 99,999 100,000 to 249,999 250,000 to 499,999 500,000 to 999,999 1,000,000 or Mon Refreshments during event $2.38 $2.31 $2.51 S2.32 $3.06 $3.03 Meals before/after event $9.38 $823 $9.53 $10.11 $11.19 $10.69 Souvenirs and gifts $4.12 $2.16 $2.81 $222 $3.43 $166 Clothing or accessories S1.67 $1.20 $1.12 $1.80 $1.61 $1.44 Transportation (gas, bus, ta3d) $2.40 $2.18 $2.02 $2.59 $2.78 $2.67 Childcare $0.31 $0.24 $029 $0.38 $0.36 S0.30 Lodging (one night only) S4.88 S2.58 $3.12 $2.73 $5.28 $5.11 Other/miscellaneous $1.39 $0.56 $0.76 S0.70 $1.19 $0.82 TOTAL S2&26 S22.65 $24.45 S2454 $29.77 $28.05 Source: Americans for the Arts, 2007. Page 2 of 3 .L U J 329 Once the proper median per -person event -related expenditure has been selected, that amount must be multiplied by the total attendance to your organization's arts and culture events. This will provide an estimated total amount of event -related audience spending. Using this total dollar figure, the following table can be used to determine the economic impact of audience spending. Thus, every $100,000 of event -related spending by nonprofit arts and culture audiences generates the following total economic impact on the community: Table 3: Economic Impact Per $100,000 of Event -Related Spending by Arts Audiences Population Cohort Median Per Person Event -Retested Expenditure Full -Time Equivalent Jobs Resident Household Income Local Government Revenue State Government Revenue Less than 50,000 $28.26 2.62 $36,083 54,176 54,731 50,000 to 99,999 522.65 2.64 540,564 $3,972 $4,655 100,000 to 249,999 $24.45 2.97 543,562 $5,073 $5,398 250,000 to 499,999 524.54 2.87 547,946 $4,992 $5,974 500,000 to 999,999 $29.77 2.67 $43,685 $5,127 $5,396 1,000,000 and above $28.05 2.56 543,291 55,229 55,610 Avg. of AD Study Regions 52691 Standard Deviation 95% Confidence Interval 2.75 542,823 0.55 $10,223 0.10 $1,868 54,800 $5,317 $1,662 51,703 $304 $311 An Example o(How to Use Tables 2 and 3 An administrator wants to determine the economic impact of his organization's 25,000 arts and culture event attendees on full-time equivalent employment in his community of 300,000 people. The administrator would: 1. Find the appropriate population grouping in each table -in this case, the "250,000 to 499,999" population grouping; 2. Use Table 2 to find the median per person expenditure for that population group -in this example, $24.54 per person; 3. Determine the total audience spending by multiplying the median per person expenditure by the total attendance (25,000)-$24.54 X 25,000=$613,500. 4. Divide the total audience spending amount by 100,000; and 5. Multiply that figure by the FTE Jobs economic impact results from the "250,000 to 499,999" population grouping in Table 3. Thus, $613,500 divided by 100,000 equals 6.135; 6.135 times 2.87 FTE Jobs (from Table 3) equals a total of 17.6 full-time equivalent jobs supported within the community. The same estimates can be made for household income and revenue to local and state government. Source: Americans for the Arts, 2007. Page 3 of 3 330 lUU lu -Ayli�XC NYC sa, w9 IRA 5 - E Z, a r. L-M 11 1 4! < 82 Eim 332 OLD TOWD LA QIll1iA +. �f Honorable Don Adolph, Mayor And La Quinta City Council Members Henderson, Kirk, Osborne, Sniff P. O. Box 1504 La Quinta, CA 92247-1504 Dear Mayor Adolph and Council Members, We are writing to encourage your on -going support of La Quinta Arts Foundation's activities in our community. La Quinta Arts Foundation produced and endorsed events drive high volume and the right demographic patrons to our establishments. Their events are conducted with the utmost professionalism and are representative of the quality of activity appreciated by La Quinta residents and visitors. We look forward to working with La Quinta Arts Foundation on existing and additional opportunities to support the business community and LQAF's non- profit mission. Sincerely, Old Town La Quinta Tenants Leslie Locken, Property Manager .LU3 333 334 Kay Wolff P.O. Box 1016 77-227 Calle Ensenada La Quinta, CA 92247 April 18, 2008 Honorable Don Adolph, Mayor And La Quinta City Council Members Henderson, Kirk, Osborne, Sniff P. 0. Box 1504 La Quinta, CA 92247-1504 Dear Mayor Adolph and Council Members, I read with pride the Desert Sun article about La Quinta being named in the top eight ideal retirement communities in the U.S. by Where to Retire Magazine. The City Council and staff have every right to boast about your city for this and many other reasons. And you also noticed this distinction focused upon "retirees who love music and art." Hmmm. I wonder where the "art" comes from. As you read on, the writer acknowledges the important role La Quinta Arts Foundation plays in this the community. The Festival, for example, not only is a wonderful event in itself, but gives an avenue for local volunteers to get involved and feel ownership with the Foundation. Obviously, the Arts Foundation's success over the 26 years has been enhanced greatly by the support of the City. Not only in funding, but in your visible personal support of the various activities. Having a nationally known fine arts event in our midst really rounds out the community's identity: weather, nature, sports, small-town spirit, and ...... the arts. As a volunteer, former board member, and one of the original organizers, I encourage you to once again support the Foundation in the next fiscal year. This funding helps to spread the word about the Festival and the Foundation's many worthwhile activities. Sincerely, Kay Wolff Cc: Foundation staff 335 April 17, 2008 V Honorable Don Adolph, Mayor And La Quints City Council Members Henderson, Kirk, Osborne, Sniff P. O. Box 1504 f La Quints, CA 92247-1504 Dear Mayor Adolph and Council Members, We are writing to encourage your on -going support and sponsorship of La Quints Arts Foundation's activities. LQAF produced events and activities promote a quality of Iffe and sense of community for the benefit of all. r As volunteers and members of LQAF we want to express the gratification that comes from being part of an organization providing opportunities for us to feel a part of and contribute back to our City. We are especially proud to be affiliated with the nationally recognized La Quirda Arts Festival which brings g positive recognition to La Quints. Lax.. Sincerely, Sue Brogan Volunteer 43820 Milan Court La Quints, CA 92253 330 z. April 17, 2008 Honorable Don Adolph, Mayor And La Quinta City Council Members Henderson, Kirk, Osborne, Sniff P. O. Box 1504 La Quinta, CA 92247-1504 Dear Mayor Adolph and Council Members We are writing to encourage your on -going support and sponsorship of La Quinta Arts Foundation's activities. LQAF produced events and activities promote a quality of life and sense of community for the benefit of all. As volunteers and members of LQAF we want to express the gratification that comes from being part of an organization providing opportunities for us to feel a part of and contribute back to our City. We are especially proud to be affiliated with the nationally recognized La Quinta Arts Festival which brings positive recognition to La Quinta. Sincerely, Margaret Sinicropi 79835 Tangelo LaQuinta, CA 92253 337 !U r c a o June 6, 2008 �O c 'o The Honorable Don Adolph and o La Quinta City Council Members a A R T S LL Lee Osborne, Tom Kirk, Stanley Sniff, Terry Henderson City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Honorable Mayor and Council, Further to LQAF's previous communications dated April 16, 2008, this correspondence attempts to further detail LOAF's request for FY 2008-09. In conjunction with June 19t' City budget hearings we are asking Council's consideration of the following: 1.) Contract Services Agreement for $100,000 for production and promotion of the 27"' annual La Quinta Arts Festival, March 12-15, 2009 with City of La Quinta as Premier Sponsor. 2.) Renewal of Facilities Use Agreement for 5 years. Waiver of associated rental fees for term of contract. 3.) Consideration to park at SilverRock Resort, La Quinta Arts Festival, March 12-15, 2009 without imposed fees. Parking at SilverRock would be advertised as free to the public with a free shuttle service. The cost of the shuttle service will be borne by LOAF and LOAF will be responsible to manage the parking with a professional service. 4.) Possible use of Civic Center Campus for 2nd annual Blues, Brews & BBQ (see b. below) 5.) Contract Services Agreement for $25,000 for Blues, Brews & BBQ. We would like to make the Council aware of collaborative activities planned for the benefit of La Quinta residents and visitors during FY08/09 that are in addition to La Quinta Arts Festival, LQAF's docent program in the elementary schools and the Visual Arts Scholarship program. a. Art Culture Nigh&ife at Old Town La Quinta — Three days (one weekend) each month, July, August, and September 2008. b. Blues, Brews & BBQ — November 1, 2008. We continue negotiations with CVRPD for possible use of La Quinta Community Park for this event While use of the park was granted, the conditions imposed of not allowing vehicles or trailers on the ball field incapacitate the event as designed. We continue to work with the staff and board hopefully toward a mutual agreement. If the request is granted by CVRPD, LOAF will retract request number 4. above. 338 i14 c. La Quinta Community Services Excursions o 9-20-08 Georgia O'Keeffe Exhibit, San Diego Museum of Art • 10-1-08 Terra Cotta Warriors Exhibit at Bowers Museum o TBD Jazz at Thornton Winery, Temecula o TBD Musicals at Pantages Theatre d. La Quinta Museum Exhibits o 12-11-08 thru 2-1-09 Desert Plein Air - a collaboration between LW, City of Palm Desert Community Gallery and LQ Museum. 0 1-10-09 thru 3-8-09 Teapots— Ceramic Exhibition with potential fundraising activities for LQ Historical Society, Friends of LQ Museum, and LOAF 0 5-15-09 thru 7-15-09 LQAF Scholarship Exhibit e. Art Under the Umbrellas at Old Town o Six Saturdays from October 2008 through April 2009 featuring art, demonstrations, live music and additional amenities, free to the public. Attached find draft budgets and supporting collateral for the listed activities. Thank you for your continued consideration. Christi Salamone Executive Director c. Tom Genovese, City Manager Edie Hylton, Community Services Director 339 i i 5 BLUES, BREWS, & BBQ zoos-20o9 Account Description TOTAL BLUES, BREWS, & BBQ 2008 2009 REVENUE Ticket Sales 6,000@$5 30,000 Community Partners 20 @ $100 2,000 F & B Revenue 2,800 Beer Sales 15,000 Water Sales 2,400 City of La Quinta Participation 25,000 Sponsor Ads 16 @ $250 4,000 TOTAL REVENUE 81,200 EXPENSE Prizes 100 Beer Expenses 6,000 Grounds 4,750 Traffic Plan & Directional Signage 1,500 Permits & Fees 650 Rentals 5,000 Supplies 500 Entertainment 8,000 Venue Rental & Fees 2,500 Production Costs 2,000 Marketing 14,000 Power Requirements 2-Generators 2,500 Labor 2,000 Security 4,000 Event Insurance 1,000 DIRECT EXPENSE 54,5W GROSS PROFIT/LOSS 26,700 ALLOCATED OVERHEAD 50,795 NET BLUES, BREWS & BBQ 24,095 1 I 0 343 6/6200811:33 AM 1 FY 0809 Budget Draft.Xis OUTREACH ACCT Y Account Desc Wlkm TOTAL 2M-2009 OUTREACH REVENUE 41607 Museum Tours 1,40E 41672 Do—d Pmgrams 3,00E TOTAL OUTREACH REVENUE 4.40E OUTREACH EXPENSE 61602 AduI Tours 2.60E 61603 Museum Everds & Workshops 4,00E 61605 Dooerd Pmgra 3,00E 61616 Postage 750 6163E Sdw mshpsAu rdod 29,75E 61635 SdwWsfR Opaahg Eq n 2.50E 61645 Young @ Art 950 O6tECT EXPENSE 43,760 GROSS PRORDLOSS 3.9,350 ALLOCATED OVERHEAD 50,795 NET OUTREACH A0,145 341 +` 7 6/62W811:23 AN , FY 0809 Budget k» As Appl < ti Rgue tf r Sunshine Artists Pub • 06/04/08 LQAF/Old Town L)rQINO FUR J42 A I 1 AU1711VICIY 1 Y'G April 22, 2008 City of La Quinta Thomas Genovese 78-495 Calle Tampico La Quinta, CA 92253 RE: 2009 Riverside County Fair & National Date Festival Dear Mr. Genovese, The 2008 Riverside County Fair & National Date Festival, which ran from February 15th through the 24", proved to be yet another successful year. We had a record breaking day the last Saturday, bringing in over 57,000 people! Our total number of fairgoers was 288,410! This year, with the support of sponsors like you, we were able to continue to provide larger -than -ever Headliner Entertainers to the community. These concerts were free with a paid admission ticket into the Fair. They included LeAnn Rimes, Blues Traveler, Los Tiranos Del Norte, Heart and our Super Fiesta featuring Banda Novillos and Gerardo Fernandez. We had over 7,500 attendees for the LeAnn Rimes, Los Tiranos Del Norte and Heart concerts putting us at maximum capacity. The partnership we have with the City of La Quinta is very important to the Riverside County Fair & National Date Festival. We have been partners for many years. Due to our record breaking year, we would like the City of La Quintato come in as one of our Patron Sponsors ($10,000) for the 2009 Fair. This level will give you the following entitlements: • Advertising on Fairgrounds' electronic signs (over 30,000 vehicles pass by each day) • Name on Entryway Kiosk • Logo/Name listed on the Sponsorship Banner(s) • PA announcements daily (3) • Logo/link on Fair's website • Fair admission tickets (180) • Credential parking passes (6) • Preferred parking passes (4) 1-71� Riverside County Fair & National Date Festival 82-503 Highway I I I Indio, CA 92201 Q /I rj Toll -Free 800/81I-FAIR Fax 760/86X8973 See us on the web @ http V..datelestorg v `i J • Vendor/Exhibitor parking passes (8) • Sponsor Lanyards (4) unlimited entrance to the Fair • I Ox10 booth for the full ten days of the Fair • Naming rights for specific buildings or stage or a combination of special attractions • Listed in the "thank you" ad post -Fair (full -circulation the Desert Sun & The Press - Enterprise) • Invitation to special VIP festivities These assets will benefit the City of La Quinta in accomplishing many things to include: visibility, branding, advertisement, Logo/ID recognition, co -branded content, section on website, access to sampling/displays, employee benefits, promotional use, appearance/content & promotional involvement, and visibility. These factors will create successful marketing opportunities for your City. Next year's Fair dates are: February 13-22, 2009. Please also visit www.DateFest.org for additional information. If this level does not meet your needs, we will customize a package the will. If you have any questions about this proposal please contact me at 951-955-1092 or at schesterna,rivcoeda.org. I will be in contact with you over the course of the next month to see if you have any questions and to set-up a meeting so we can discuss these opportunities. Best Regards, Stacey Chester Sponsorship Coordinator Riverside County Fair & National Date Festival 1 A Riverade County Fwr & Nanonal Date Festival 82.503 Highway 111 Indio, CA 92201 Toll -Free 800/81 I -FAIR Fax 760/863-8973 See us on the web @ hWwww.datefest.org May 14, 2008 Mayor Don Adolp d City Council Vi �? City of La Quinta P.O. Box 1504. La Quinta, CA 92247 Honorable Mayor Adolph and City Council Members: The purpose of this letter is to request funding for DesertArc programs in the FY08/09 City Budget and to inform you about several other ways that you can help DesertArc. As you may be aware, DesertArcas the new name of the non-profit agency previously known as Foundation for the Retarded of the Desert. Background DesertArc serves the greater Coachella Valley and High Desert area. Its primary campus is located in Palm Desert. The agency was formed in 1959 and has grown to serve 640 clients. The client base continues to expand by about 5% per year. DesertArc clients are primarily low income adults with developmental disabilities including autism, cerebral palsy, downs syndrome, mental retardation and other debilitating medical conditions. Many are diagnosed with multiple disabilities. Sixty-eight of our clients and a number of clients' families live in the City of La Quinta. DesertArc's clients are referred and k! placed by the State's Regional Office. DesertArc has close working partnerships with Angel View and Canyon Springs Development Services Center whereby DesertArc provides day services to many bf-their. clients. Most of DesertArc clients have achieved a level of functioning and independence such that they are able to live in the community and about 35% have jobs sponsored by DesertArc. DesertArc services include: vocational training, job development and employment; residential services, independent living support and 24 hour emergency assistance; hot meals and nutrition; recreational and social •' opportunities; transportation; support and training for self help and independent living; case management and personalized coordination of client services; and advocacy for client needs and , 8 P cY community integration.:' Few people realize that DesertArc is one of the area's largest employers as it employs 550 people o: ' which 225 are clients. The relatively high employee to client ratio is attributable to licensin a program design requirements for staffing ratios to ensure client care and safety. Fewer realize + DesertArc, with a fleet of 23 buses and with 500 passenger trips per day, is the large t ns disabled people east of Riverside/San Bernardino. The bus fleet operates 251 days per year and -�, . • ; 600,000 miles per year. - DesertAre's 08/09 Budget is projected be about $11 million. Of this, 80% comes from state of?`=::; reimbursements for services; IS% comes from revenues generated by DesertArc business comes from donations and grants. Unfortunately, due in large part to several consecu '�,:•: t �� frozen state reimbursements, DesertArc has struggled to balance its budget and has p' accrue any reserves to pay for its capital needs. There is also a great deal of concern abo p)}{S44( p r R'�y1. Y• ..aff :'4f�y impact of the state budget upon DesertAres finances. DesertArc has recently unde g s $✓� Yxx 34 Page 2 of 4 transition to new management who is working with the Board to aggressively restructure the agency to operate more cost effectively, raise more private donations and redesign programs to more effectively meet the needs of the clients. While great strides have been made, this remains a work in progress since there is so much more to do to ensure DesertArc`s long term viability as a premier provider of services for the disabled community. An important goal of the Board is to achieve strong on -going partnerships with local governments and all local governments are receiving a form of this letter. DesertArc touches each Desert community. Its services are vital to the clients, their families and their caregivers. DesertAres services reduce the need for local government services. DesertAres operations support local businesses and generate tax revenues from purchases for food, gas, services and products. As an employer, DesertArc supports hundreds of families. The bottom line is that DesertArc is an important community resource and its financial stability is critical to Desert communities on many levels. How can your local government help DesertArc? There are six ways to provide assistance. They are: 1. Provide direct grants to DesertArc. Grants and donations are needed to help DesertArc balance its budget and address its unfunded capital needs. Since it currently has no reserves, DesertArc has limited ability to make needed facility repairs and upgrades or replace its aging vehicle fleet. DesertArc can designate funds for specific purposes, such as transportation and meals, Since those programs receive heavy support from the general funds of DesertArc (and the services are too critical to cut). In FY07/08, the City Council awarded to DesertArc $5,000 for disabled access ramps for a new modular unit used for programs. This was the first time in recent years the City awarded funds to DesertArc, the grant is much appreciated. We are hopeful that in FY08/09 La Quinta will provide additional funding to DesertArc. 2. Provide financial assistance to DesertAres residential programs. The agency offers an array of residential programs aimed at enabling the clients to live in the community as independently as possible. Assistance with programs costs such as meals, rent, utilities and other Irving costs would be beneficial to the clients and reduce the amount of general fund subsidy provided by DesertArc to support the program. Over the past year DesertArc has been working with several redevelopment agencies with no tangible success to date though proposals with other cities are under consideration at this time. 3. Hire DesertArc clients who are trained and qualified for specific occupations, such as janitorial. clerical, kitchen or parks maintenance. some higher functioning clients can be hired to work in the community and local governments provide a great setting for our clients. A key goal of the Board is to place all qualified clients into community work settings and we have dozens who are . available for such placements. some clients can be hired individually as independent placements. More commonly, "Enclave" work teams of 3-4 clients accompanied by a Job Coach are hired under contract with DesertArc. (The clients are employees of DesertArc, not the business.) The Job Coach is on site to help the employer train and supervise the team. Client wages are based upon the prevailing wage of the job and the productivity of each client in relation to that job and the Job Coach wages are paid through state reimbursements. A team of 3 workers and 1 Job Coach costs about $4,000 per month. DesertArc works with the employer to iu2 340 Page 3 of 4 assure optimum satisfaction with the arrangements. This program represents a great opportunity to help disabled people achieve some of their dreams. They love their jobs and are proud to work in well known successful businesses. For example, Enclaves are currently located at the City of Indio (2), Eisenhower Medical Center the Renaissance Esmeralda Resort and Spa. Since this may require a budget appropriation, DesertArc is encouraging your city to budget for one or more Enclaves and we encourage your staff to contact DesertArc for more information on how we can match DesertArc employment services with your needs. 4. Purchase goods and services from DesertArc. DesertArc is responsible for the employment of about 225 clients. Many of these clients work on -site in business enterprises operated by DesertArc. The businesses are operated by professional staff that train and supervise the work of the clients. Currently DesertArc operates high quality embroidery and silkscreen businesses. It also fulfills internet product sales orders for Pentel (pentelstore.com) and fulfills light assembly contracts. DesertArc is also developing other business lines that will be available later this year. Buy DesertArcl These businesses are primarily conducted to employ our clients. Currently the net proceeds are nominal. Additional sustained support for our businesses would increase jobs and generate revenue to support DesertAres mission. Collectively local governments spend tens of millions of dollars annually on local products and services. Local governments have generally not taken advantage of the competitive pricing and quality services available at DesertArc. Over the past year the City of La Quinta was our best city customer as it spent $7,623 for embroidery/silkscreen—we greatly appreciate your business. We have plenty of capacity to do more. It is requested that, if it is not already, DesertArc be added to the City's formal bid list for embroidery, silkscreen and light assembly contracts. It is also requested that this information be disseminated to each of your departments since purchasing decisions are often made by their managers. S. Sponsor or co-sponsor one of our events. This past year has been one of transition for DesertArc as we are re -inventing ourselves. The Board is implementing a more aggressive fundraising effort in FY08/09. Through a grant from the Houston Foundation, DesertArc now employs a full-time fund development professional to lead our fundraising efforts. Our program will include a few special events. fundraising events are most successful when there are sponsors and co-sponsors to help underwrite the costs. We will inform you when an opportunity for sponsorship arises. 6. Sponsor one of our buses. Perhaps you have seen some of our buses with our new logo as the buses traverse the community. We have received much positive feedback about their appearance. DesertArc has made arrangements such that local businesses can receive wide recognition by sponsoring one those buses. Their businesses are attractively displayed on our buses and available at a reasonable monthly cost. Promote your city, your events and your programs by using this means of promotion, it is cost-effective and provides a source of income to support our transportation program. A sponsorship can be purchased for as low as $330 per month with no set-up costs. Having served as an elected official I can relate to your role as City Official. I am aware that you receive many worthy requests from charitable groups. What differentiates DesertArc services is that we serve all Desert communities and provide special services for disabled people thus relieving local governments of some difficult responsibilities. Your support for our mission and your financial help makes life better for our clients and their families. We hope to strengthen our partnership with the City of La Quinta. Page 4 of 4 In closing, on behalf of the Board I want to invite each of you to visit our Palm Desert campus and take a tour of our programs. Our clients and staff appreciate seeing people interested in what we do and those that take a tour are often surprised by the size and scope of our program operations. Feel free to contact me or Executive Director Richard Balocco at 760.346.1611 to schedule an appointment or to obtain additional information about our services. Sincerely yours, (Ljtll� Christine Murphy Board President GR/cc CC: City Manager i G 4 343 ATTACHMENT 4-4 May 22, 2008 Maria Casillas City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Proposal for Increase in Sponsorship of the Jacqueline Cochran Air Show 2008 Dear Maria, I would like to thank the City of La Quinta and its councilmember's for supporting the Jacqueline Cochran Air Show for the past four years. Your support has led to the overwhelming success of this air show and has helped provide the community with the Largest FREE one -day event in the Coachella Valley. Last year there were over 35,000 attendees! In the past, the City of La Quinta partnered with us as a Falcon Sponsor ($10,000) of the Air Show. The Riverside County Economic Development Agency would like to propose that the City of La Quinta once again partner with us at that level. This level of support will help with the ever increasing cost of fuel and overall production of the Air Show. As you know, the Jacqueline Cochran Air Show is a FREE community event and we heavily rely on the surrounding community to help keep this free to the public. In today's economy we are faced with Jet fuel rates as high as $6/gallon along with the cost of lodging and transportation. We are responsible for those expenses for the performers and their crews. The Jacqueline Cochran Air show has soared to new heights and is now, a nationally recognized Air Show. It is known for having a broad range of aeronautical acts, jet teams and displays that rival several larger air shows such as the March Airfest and the Planes of Fame Air Show in Chino. The Us Navy and US Air Force have increased the caliber of performers and number of demo teams that participate in the air show. This demonstrates the venues hospitality, popularity and acceptance in the national aviation community. It also has a positive economic impact on the surrounding areas such as La Quinta, Indio, Coachella and Indian Wells, with particular stimulus to the restaurant and hotel industry. iu5 349 The following entitlements are included at the $10,000 sponsorship level: ■ Company name, logo will be included on the several print advertisements, which include posters, brochures, newspaper ads, program/flier and banners. ■ PA Announcements (8) ■ Catered Chalet (16) ■ VIP Night Passes (16) ■ VIP Parking Passes (8) ■ Logo/Link on Air Show website ■ 10 x 10 booth at Air Show ■ Name mentioned in TV commercials The Fifth Annual Jacqueline Cochran Air Show will be held on Saturday, November 1, 2008 from 9am-3pm. With the exception of food and merchandise purchases, the event is FREE to the public. My hope is that the City of La Quinta will consider joining other Coachella Valley cities like, Coachella, Indio, and Palm Desert in providing a Falcon sponsorship for this exciting event. Should you have any questions, please feel free to contact me at (951) 955.9020 or e-mail me at rkross@rivcoeda.ore. Check out our website at www jacquelinecochranairshow.ore Thank you for your consideration, Rebeckah Ross Sponsorship Coordinator Riverside County Economic Development Agency lU 353 ATTACHMENT 4-5 Coachella Valley Economic Partnership 73-710 Fred Waring Drive, Suite 106 • Palm Desert, CA 92260.760/340-1575 • Faa 760/340-9212 City of La Quinta Attn: Tom Genovese, City Manager 78-495 Calle Tampico La Quinta, CA 92247 Dear Mr. Genovese: _,J Over the past few months, the Chairman and/or the President of the Coachella Valley Economic Partnership (CVEP) have met with leaders from each of the nine (9) Coachella Valley cities to discuss the current financial status and governance structure of CVEP, and to propose an increase in city financial participation. The case was made that cities could and should shoulder a greater burden of the funding and operations of CVEP, notwithstanding CVEP's continuing efforts to seek additional private sector funding. The enclosed Brief was created to provide a historical analysis of CVEP, to explore its current fiscal condition and to recommend future goals for the organization as it pertains to effectuating positive economic impact on the region. A proposed FY 2008-09 budget with revenue scenarios is included in the "Recommendations" portion of the document for your reference. At the January 2008 meeting of CVEP's Executive Committee, the Chairman recommended requesting public sector support for CVEP in the amount of $50,000 per city to address immediate fiscal constraints and to provide operational and planning funds for FY 2008-09. Though none of the city leaders specifically rejected the proposal, most indicated that a one-time infusion would be subject to approval by their respective councils and would require a detailed budget along with a plan indicating where the organization was heading and how the funding would be utilized. Subsequently, the Board of Directors took action at their meeting of April 24, 2008 on an alternative proposal to reduce the request to $11,000 per city in addition to the current $6,000 contribution ($17,000 total). $5,000 would be earmarked for development of a business plan. CVEP is recommending that each city read through the Brief and accompanying budget, which includes three revenue assumptions, in order to make a determination for future financial participation in the organization. The budget can be balanced under all revenue assumptions. The question of effectiveness will be answered through the resolve of each of CVEP's city partners to participate, as noted in the budget scenarios. CVEP is seeking up to $50,000 per city but not less than $17,000 in accordance with the Board recommendation. Help us build a truly competitive economic development organization which will bring the types of business this valley wants and needs to create clean, high paying, year -around jobs for our residents! Thank you for �,consideration, I John M. Soulliere President/CEO Coachella Valley Economic Partnership Kelping Innovative Companies Expand/Relocate toThe Coachella Valley. Discussion on the Financial and Governance Structure of the Coachella Valley Economic Partnership (CVEP) Prepared for The Nine Cities of the Coachella Valley By: John M. Soulliere, President/CEO June 5, 2008 352 L Contents Summary.............................................................................................................................2 Background........................................................................................................................3 CurrentCVEP Revenue Model.........................................................................................6 Current CVEP Organizational/Governance Structure...................................................6 Casefor Strategic Planning...............................................................................................10 StaffFindings......................................................................................................................11 Recommendations...............................................................................................................12 Governance Restructure (conceptual).............................................................................13 Concludingcomments........................................................................................................15 Budget.............................................................................................................. Attachment A 353 iu9 Summary: The following document has been developed in response to action taken by the CVEP Executive Committee at its meeting of April 21, 2008. The action included a request of the President/CEO to provide a "white paper" or "Brief' that would outline the current fiscal status and governance structure of the organization, as well as provide recommendations to address ongoing financial constraints, strategic planning and general purpose of the organization. A proposed budget with revenue scenarios has been included for review in tandem with the "Recommendations" portion of this document. The issue of concern pertains specifically to seeking an increase in the contribution of CVEP's public agency partners — generally city governments — towards bolstering the general operating fund of the corporation to address/remedy an ongoing deficit, as well as to create a base of funding for activities of benefit to our city partners. Further, the committee is seeking input regarding the ramifications of increased public funding and how it may affect the role of the public sector in the governance of CVEP. Levels of membership with accompanying rights and responsibilities related to governance are stratified by financial participation. Hence, the question of the role of cities within the governance structure is directly affected by a request for increased financial participation. Of immediate concern are the current and projected budget shortfalls as well as the appropriate role of CVEP as it pertains to business development, expansion and retention activities on behalf of the Coachella Valley. Additional factors include the need to institutionalize the Career Pathways Initiative (CPI) which, to date, has existed based upon "seed funding" received through non-profit entities. The first phase of expirations of that funding will occur on May 31, 2008. Included in CVEP's 2008-09 budget draft for consideration are sustaining funds for the CPI. CVEP is at somewhat of a crossroad. Since the organization does not exist in and of itself, it is for its members — both public and private — to determine what it will be and the impact it will have upon the economic future of the Coachella Valley. With much discussion over the years about the importance of economic diversification and stability, and creation of economic opportunity for our future residents, it falls to the members of the greater Coachella Valley community to determine how, when and through whom these most important issues will be addressed. CVEP was created to this end. Through a concerted effort of the public and private sectors, this mission can be accomplished. It will take an investment of both monetary and intellectual capital to do so. ' Executive Committee members for 2008: Cities of Palm Desert, Cathedral City, La Quinta and Palm Springs, Kevin McGuire of PDNB, Lee Morcus of Kaiser Grill, Aubrey Sertling of Eisenhower Medical Center, Bob Marra of Wheeler's Desert Letter, Kieth Goeff of Rabo Bank, and Michelle Krans of the Desert Sun. i9V Page 2 of 15 354 Background: The Coachella Valley Economic Partnership was formed in 1995 with the mission of "diversifying" the regional economy through business "attraction, expansion and retention." One of the reasons for this action was to offset the effects of the seasonal revenue "troughs" created by the tourism -based economy, particularly as it pertains to regional retail sales. Additionally, diversification of the job market is essential to increasing year round disposable income for the residents of the Coachella Valley. In 2000, Riverside County conducted a county -wide study that identified numerous business clusters for targeted economic development activities. Five of these clusters were identified in a subsequent CVEP retreat as optimal for the Coachella Valley region and became the focus of CVEP's economic development efforts. The majority of CVEP's revenue is derived from private sector "memberships," events income and grants, with about +-4% of the total budget coming from cities. CVEP has approximately 110 members in good standing. CVEP Ongoing Work The majority of CVEP's work involves business attraction and regional preparedness. CVEP has forwarded approximately 25 business relocation leads representing over 4,000 jobs to its partners since October 2007. About 23 of these are currently active. roughly 20% of the leads were generated through County EDA and the California Business Investment Services (CalBis), while the remaining 80% were cultivated through CVEP- driven outreach, partner relationships or direct inquiry. CVEP distributes and manages leads on behalf of its member organizations and assists in packaging responses back to clients, ongoing communication, site visits and facilitates meetings between city representatives and business interests. CVEP is the point of contact where prospective clients are able to consolidate their site location activities for the entire Coachella Valley. Over the past eight months, CVEP has brokered at least one meeting between a business relocation prospect and representatives from every city in the Coachella Valley. CVEP will continue to work with regional government jurisdictions to present the valley as an attractive location for businesses to relocate. The branding of the region as the place "where business meets the good life" has been advanced through print ads, numerous speaking engagements both within and outside of the valley, and through the website. CVEP also assists its partners in making sure the Coachella Valley is properly positioned and represented as business capable. Our work in education and workforce development is nationally recognized. We have worked for creation of new business incentive areas, infrastructure enhancements such as workforce housing and municipal improvements, promoted regional lifestyle amenities, supported sustainable growth and created collaborations among industry peers, local govemment, utilities and higher education. Education and Workforce Development CVEP espouses the idea that education and workforce development are key components of economic development. In 2005, CVEP commissioned a labor market study — the first of its kind in the region — to determine the status of the regional workforce in light Page 3of15 350 JZ of existing and future business demand. The private sector identified the lack of a trained workforce as the number one deficiency for sustaining growing or attracting business to the region. CVEP responded by launching the Career Pathways Initiative (CPI). CPI has been successful in working within all three Coachella Valley K-12 school districts to develop pathways or "academies" to increase the number of students that are prepared and motivated to enter post -secondary education. Further, CPI has worked with the region's post -secondary education institutions to ensure continuity of purpose between the K-12 system, community college, universities and industry. This highly successful program has galvanized education and industry in key business clusters including health care, multi- media and technology, around an economic development strategy that will ensure a prepared workforce for future industry in the region. Funded through CVEP since 2005 by grants totaling about $1.5 million, the CPI is required to become sustainable through local participation if our current benefactors such as the James Irvine Foundation, the Ford Motor Company Fund, Southern California Edison, The Gas Company and Desert Health Care District are to continue with program specific support. Further, the success of the program has attracted an additional $310,000 grant which will be used to create a regional scholarship program that will distribute $10 million over ten years to Coachella Valley students for post -secondary education. CVEP must remain fiscally sound to receive additional funding and to provide the operational support to ensure the success of this first -of -its -kind program in state. In 2008, CVEP moved even deeper into the development of a sustainable workforce by merging its Education & Workforce Development Committee with the Riverside County Workforce Investment Board (WIB). CVEP and its partners now participate in the oversight and strategy development around the use of federal funds for county -wide workforce development activities. Recently, CVEP has brought forward a member initiative for workforce development that will, potentially, impact every city in the county of Riverside. We are asking that a survey of retiring "baby -boomers" be conducted among utility workers (including electric, gas, water, sewer and communications) to ensure that workforce development strategies are developed to prepare replacements for this large group of soon -to -retire staff members. Demographic Information CVEP sponsors the annual compilation of regional demographic data on behalf of its members. The data is compiled by Dr. John Husing (named among the top 100 influential leaders in southern California in 2007) in the form of an annual report and presented at CVEP's annual Economic Forecast Luncheon. Additional data specific to each Coachella Valley cities is also compiled into nine separate reports and provided to the cities by CVEP. The annual report has become an essential tool for regional leaders to understand regional demographic trends related to population, employment, housing, crime, banking and education, and to use as a basis for ongoing strategic planning. Approximately 3,000 reports are distributed annually within the region as well as in response to business relocation inquiries outside of the region. 1 2 Page 4 of 15 356 i Brief Financial History As of FY 1999-2000, CVEP enjoyed a surplus of approximately $200,000. The surplus has been used in six out of the subsequent seven years to balance the budget against deficit spending. In FY 2006-07 the surplus was finally exhausted creating an unfunded deficit carry over for FY 2007-08. Current management came on board in late July 2007, while the sitting Executive Committee was first convened in October of 2007. The period between late August 2007 and early November 2007 was one of "discovery" regarding the financial status of the organization. Assumptions made in the draft 2007-08 budget proposed in February of 2007 included a $95,000 contribution from CVEP's only Class "A" member at the time, the Imperial Irrigation District (IID), notwithstanding IID's three-year funding commitment expiring in the prior fiscal year. With a deficit carry over of roughly $54,000 and a 20% decrease in operations revenue, it became evident that CVEP was on the road to financial privation. As economic conditions weakened in late 2007-08, numerous private sector investors terminated their membership in CVEP, particularly in construction related industries (construction companies, brokers, title companies and realtors). This action exacerbated the previously unobserved revenue deficit trend in CVEP's general operating fund. It is projected that nearly a $120,000 deficit will be incurred by July 1, 2008 (contingent upon 100% collection of member commitments from FY 2007-08), though this amount may decrease by 10% or more due to a projected increase in memberships being cultivated by staff at present. CVEP administration has been working to increase the amount of fiscal oversight by its executive committee, the day to day governing board of the organization. A finance subcommittee was formed in early 2008 to work closely with the President/CEO and to make recommendations about the financial strategy of the organization. The President/CEO is recommending that a Finance Committee become institutionally established and identified at the first meeting of the newly -seated Executive Committee each year. This action will create continuity in fiscal accountability from year to year and provide for disclosure beyond the administrative structure. i9 Page 5of15 357 Current CVEP Revenue Model: CVEP's total annual budget has historically hovered around $1 million to $1.3, with about $500,000 derived from local, state and national granting agencies. Grant funds reside in restricted accounts and are dispersed exclusively for activities related to CVEP's Career Pathways Initiative. The remaining gross revenue for general operations is generated through membership dues and events income. For FY 08-09, gross revenue projections are just under $570,000. This figure is based upon the assumption of retaining current membership levels, the addition of one Class "A" or Executive member (UCR), income estimates for the annual Economic Forecast event, and development of about $32,000 in new private sector memberships. There are additional assumptions outlined at the bottom of the attached budget spreadsheet for your review. It is important to note once again that the private sector funds about 90% of CVEP's general operations presently. Current CVEP Organizational/Governance Structure: Staffine The 2007-08 budget included three positions for general operations: the President/CEO, the Director of Business Development and the Executive Assistant. Additionally, CPI budgets for two consultants, and the Pathways to Success College Scholarship Program will provide for two staff members and one consultant through FY 2008-09. A modification in staffing is recommended in the proposed budget. It is projected that the changes will increase the effectiveness of the organization through a more efficient distribution of tasks and utilization of limited resources. Boards and Committees CVEP's governance structure was formed in accordance with Title 1, Division 2 of the California Corporations Code, Nonprofit Corporation Law. The governance of CVEP exists within a Board and Committee structure working with paid administration. In addition to the Board of Directors CVEP's bylaws identify five working committees as follows: 1) Executive Committee 2) Marketing Committee 3) Investor Relations Committee 4) Legislative Committee 5) The Education Workforce Following is a brief overview of the function and responsibilities of the Board and Committees. This narrative is necessary in order to provide a better understanding of the ramifications of proposed changes in the governance structure based upon the roles and responsibilities of the various boards and committees as well as how various levels of membership affect those the Board and committee structure. — Board of Directors ("the Board") — (CVEP Bylaws Article V) Page 6 of 15 353 19 4 The Board, consisting of not les than 7 but not more than 45 members (currently 30 members), is charged with oversight of the corporation in all matters including creation of committees in accordance with section 5212 of the California Corporations Code. A minimum annual membership due of $5,000 is required to be eligible for a seat on the Board, with the exception of a committee chairperson. — Executive Committee The Board has provided that an Executive Committee exercise oversight of the general operations of the corporation as identified herein below, except for those maters requiring Board action under section 5212 of the Code. Generally, any action which amends the bylaws or makes change in the organizational structure requires ratification of the fall Board. CVEP Bylaws, Article X: "The Executive committee is established by the Board as follows: "EXECUTIVE COMMITTEE. Pursuant to Corporations Code section 5212 (a), the Executive Committee is hereby established. The Executive Committee shall be responsible for general operations of the Corporation. The Executive Committee shall also have exclusive authority with respect to the hiring and firing of the Chief Executive Officer. The Executive Committee is empowered to exercise all governing authority as to corporate affairs otherwise exercised by the Board of Directors except with respect to: The approval of any action for which this part also requires approval of the members (Corporations Code section 5034) or approval of a majority of all members (Corporations Code section 5033). 2. The filling of vacancies on the board or in any committee that has the authority of the board. 3. The fixing of compensation of the directors for serving on the board or on any committee. 4. The amendment or repeal of bylaws or the adoption of new bylaws is the duty of the Executive Committee. 5. The amendment or repeal of any resolution of the board that by its express terms is not so amendable or repealable. 6. The appointment of committees of the board or the members thereof. 7. The expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected. Page 7 of 15 359 8. The approval of any self -dealing transaction except as provided in paragraph (3) of subdivision (d) of section 5233 of the Corporations Code." At its annual meeting (October), the Board elects an Executive Committee based upon a slate prepared by the nominating committee. Historically, the nominating committee has identified a member for the chair who then identifies his/her desired officers and the balance of the Executive Committee membership, excluding members required within the bylaws (up to three Class "A" members and the two representatives of the east and west Coachella Valley cities). The Board may ratify the slate or provide an alternative for consideration. Traditionally, the President/CEO has played a role in the process to help identify the working committee whom he/she will serve for the subsequent year. — Additional Committees: The roles and responsibilities of the remaining four committees are generally advisory in nature. Action taken by the committees is recommended to the Executive Committee by the CEO or the committee chair, and to the Board when required under the bylaws. — President/CEO: The governance of the organization is rounded out by the President and Chief Executive Officer of the corporation according to Article VI of the Bylaws. The President/CEO is also named as an officer of the corporation. CVEP Bylaws, Section 6.9: "PRESIDENT AND CHIEF EXECUTIVE OFFICER. The Board may employ, on such terms as the Board deems appropriate, a President and Chief Executive officer to coordinate day-to-day operations of the Corporation. The President and Chief Executive officer shall report to the Executive Committee." — Membership (CVEP Bylaws, Article IV): The rights and privileges of each class of member differ. The most notable pertains to representation at various levels in the governance structure of the organization. As stated above, there are three classes of membership, A, B and C. Class "A" members ($50,000) are granted immediate placement on the Board and Executive Committee without ratification of the Board of Directors, though all nominees for CVEP membership must be ratified by the Board. Under current bylaws, up to three Class "A" members may sit on the Executive Committee at one time even if a Class "B" or "C" member must be displaced to open a seat. Class "B" members ($5,000) are granted board privileges, i.e. voting rights on the board of directors, and generally fill the balance of seats on the Executive Committee by election. Currently, CVEP is allowed not less than 7 or more than 45 board members. There are currently 30 Board members. Cities have traditionally been placed into the Class `B" membership based upon an annual contribution of $6,000. Page 8 of 15 ' 366 i:io Class "C" members ($1,000) do not have voting rights unless the board elects to submit an issue to the general membership for a vote. Class "C" members may serve as committee chairs and, by reason of that service, are members of the Board of Directors and posses full voting privileges. Class "C" members may also be elected to the Executive Committee. 361 i ;7 Page 9 of 15 Case for Strategic Planning It is not enough to simply assign the task of regional economic development or even provide funding to that end absent a strategy and measurable performance standards. A comprehensive strategy or Blue Print establishes the role and responsibilities of an organization within the larger community. Further, the planning process would solicit significant member and community input creating a sense of "buy in" that will be essential to an effective implementation program. Deliverables could also include: i. An evaluation of regional growth patterns that will provide regional leaders with an understanding of where current business development practices and economic "policy" will take us over the next 20 years. ii. Direction for the future role of CVEP and develop a strategic plan to achieve the established goals of the organization as defined by the partners through the planning process. iii. A list of primary and secondary industry sectors for targeted marketing to ensure "cluster" development in desired sectors. iv. An in depth SWOT analysis and assessment of regional competitiveness (including the costs of doing business compared to competing markets) to identify what needs to be done in the Coachella Valley to attract desired industry sectors. v. A business plan which would include: 1. A marketing plan component. 2. A revenue plan component. 3. A recommended staffing plan component. vi. A strategic implementation component. vii. Establish performance measurements for the organization. Competing areas such as the western Inland Empire, Phoenix and Tucson, AZ, Las Vegas, NV and Portland, OR are well staffed, have significant budgets and are aggressive in their efforts to capture industry and bring better paying jobs to their regions. They understand the connection between economic sustainability and industry diversification as it pertains to wealth creation in a region. Housing markets, retail of all kinds, charitable organizations and community wellbeing are all supported through the growth of higher wage jobs that create disposable income. If the Coachella Valley is going to more than double in population as projected over the next 20 years to nearly 1 million people, it will be the jobs which are created that define the socio-economic state of the region at build out. As the valley has grown in population under the current economic drivers, it has fallen further behind in avert' pay on a national scale. For 1995, average for the Coachella Valley was $31,733 while the national average was almost 25% higher at $40,000. The valley, under current growth Z Husing data from the 2007 Coachella Valley Economic Report ,L Page 10 of 15 U A patterns, is literally growing poorer while crime rates per -1000 have increased. The continued proliferation of lower wage jobs will provide less disposable income and create instability in the regional economy at build out while increasing dependence upon the ebb and flow of the national economy as it pertains to tourism. Without additional industry vehicles to increase the importation of dollars to the region, the wealth of the region will continue to exit the area in the form of retail purchases which leave very little in the local economy. The need for tens of thousands of better paying jobs over the coming decades to bring balance to the regional economy cannot be overstated. A substantial increase in better paying jobs and disposable income to full-time valley residents can be achieved through aggressive business attraction, expansion and retention activities. It is not enough to simply develop a so-called business plan for the organization. CVEP does not need a business plan that is developed within the vacuum of its own existence. CVEP needs to develop a business plan within the scope of its defined purpose within the greater Coachella Valley with input from the public and private sectors. Outside of the members defining and supporting its purpose, CVEP has no purpose. Therefore, a comprehensive plan, as defined above, is the natural next step for not only CVEP but also for the Coachella Valley. Staff Findings: 1) The organization has been deficit spending since FY 2000-01 in all but one budget cycle. The over $200,000 cash surplus recorded at the end of FY 1999-2000 has generally been tapped year after year to keep the organization solvent through FY 2006-2007. With the expiration of a three year commitment by III) Energy in January 2007, an additional $100,000 shortfall exacerbated the accumulating deficit. 2) The current deficit has rendered the organization nearly insolvent requiring immediate and drastic action. 3) The mission of the organization is valid and important to every municipal jurisdiction in the Coachella Valley but has not been clearly defined or financially supported. 4) There is no regional commitment to a revenue plan that would provide adequate funding to bring fiscal stability to the organization or to support activities in alignment with the organizational mandate. 5) There is no comprehensive strategy in place to measure performance of the organization, identify funding requirements, implement marketing activities or move the organization into a significant level of effectiveness to achieve the desired results of either the organization or the region. 6) Current staffing structure is inadequate to effectively fulfill the mission of the organization. 7) Institutionalization of the Career Pathways Initiative as it transitions from full dependence upon non-profit seed funding is not currently possible. 8) The current bylaws do not reflect a governance structure that accommodates the disparate interests of the partnership with equity. iA Page II of15 363 9) Immediate financial intervention is required in order to forego staff reductions that would significantly reduce the organization's ability to retain current and needed levels of service on behalf of its partners. Recommendations: In the attached budget, there are three revenue assumptions outlined which will lead to various outcomes regarding CVEP's effectiveness and long term fiscal stability. There are assumptions of additional revenue from the private sector indicated in each scenario as well. The proposed budget also requires a minimum of 10% increase in revenue (about $32,000) derived from new member development in addition to the private sector contributors identified in each scenario. As you review the budget, you will be able to determine how your decision to support or not to support CVEP at a given level will enable the organization to achieve a desired state of effectiveness. It is anticipated that with an increase in support from the public sector partners, the need for restructuring to accommodate a greater public sector role in the governance of CVEP will also emerge. I have included a conceptual restructuring model for review following the discussion of the impact of the three revenue assumptions below. — Assumptions 1) The first assumption is defined as the Board of Directors recommended funding. This scenario assumes an additional increment of $11,000 from each city, $5,000 of which would be earmarked for creation of a business plan. This scenario would accomplish the following: a. Address the current deficit and bring the organization into solvency. — One time cost - approximately $127,000 b. Retain current or modified staffing IF all private sector funding is realized. 2) The second is an assumption of the Board's recommendation with additional funding anticipated from two of the nine city partners, though not yet ratified as of the writing of this document. In addition to the above items would provide for the following: a. Provide funding for creation of the strategic plan OR provide for CPI. — Plan is a one time cost ranges from $135,000 to $150,000 depending on desired deliverables. — Minimum CPI support is $75,000 (CPI staff recommended budget is $266,000) while requiring staff to develop additional funding for sustainability from school districts, college and universities, private sector partners and grant funding. 3) The third is that requested by the Executive Committee and Chairman in meetings with city leaders over the past few months. — Address all factors in proposed budget with 2u0 Page 12 of 15 364 Governance Restructure Concept Introduction: The following discussion should be used as a basis for considering amendments to the governance structure of CVEP in response to an increase in financial participation from the public sector representatives. As previously stated, CVEP was originally structured to link certain oversight privileges with varying levels of financial participation. Some public sector leaders have expressed dissatisfaction with the historical model, particularly as it pertains to representation on the Executive Committee by the public sector based upon their financial participation. This section will discuss this assumption as well as provide an example of an alternate governance structure that could be considered by the CVEP Executive Committee and Board of Directors in response to the public sector concerns and the requested increase in public sector financial participation. Of the existing approximately 110 members of CVEP, nine are cities, one is the county EDA and three are Native American tribes. The public sector members are divided geographically between the east and west valley. The dividing line for east and west has been established as between the cities of Palm Desert for the west and Indian Wells for the east. Under the current scenario, the ratio of membership income to governance authority is weighted in favor of the public sector partners. Of the 27 occupied seats of the Board of Directors, nine are held by cities granting 30% of the governance to the cities. Additionally, the bylaws require that almost 20% of the executive committee (2 of 11 seats) be constantly occupied by the local government entities identified. Each city contributes a gross annual cash amount of $6,000 for membership. CVEP is billed annually for Dr. John Husing's economic data compilation and narrative for each city in the amount of $1,700 per city, leaving a net per -city contribution of $4,3003. Hence, while occupying nearly 30% of the board seats the net cash city contribution to CVEP's total budget (restricted and unrestricted) is about 4%. Cities currently support just under 8% of CVEP's general operating budget based upon the total net contribution of $38,700 ($4,300 X 9 cities) towards a $500,000 budget. Applied literally, the cities do not currently qualify for Board level membership. Example of a Conditional Governance Structure: Considerations for increased public sector representation on the Executive Committee of CVEP may be based upon the conditions set forth below. The public sector representation on the Executive Committee could be balanced based upon economic impact areas rather than a split between east and west valley. There are three identifiable benefit zones which may be considered: The East Valley, consisting of Indio, Coachella and the County of Riverside (Mecca, Thermal, etc.): These areas posses significant industrial properties within the respective jurisdictions. Economic impact of new industry moving to the east valley would likely be realized by all three jurisdictions. 3 Pabn Desert contributes an additional $16,800 in -kind for office space. 2 G 1 Page 13 of 15 1 . 365 The Central Valley, consisting of La Quinta, Indian Wells, Palm Desert and Rancho Mirage: These highly retail/tourism-centric cities continue to benefit from their juxtaposition with Hwy 111 and one another. Though possessing little or no inventory of industrial land, these cities benefit from regional industrial development through an increase in executive and management level populations. They also serve as a shopping destination for populations of workers with disposable income. The West Valley, consisting of Cathedral City, Palm Springs and Desert Hot Springs: Family housing, mixed economies (including tourism) and a fair inventory of industrial land, particularly along the I-10, create a common benefit zone for these jurisdictions. Based upon these zones, it is recommended that three Executive Committee seats be dedicated to a rotating representative from each group. Hence, each entity would serve on the committee every three to four years. There is no change recommended for seats on the Board of Directors pertaining to the public sector members. It is also recommended that the ongoing annual contribution of each city be set at a minimum of $25,000 — notwithstanding the immediate demands identified in this document for the 2008-09 budget cycle — to better align the authority of the cities with their contributions. Under this scenario the cities and county would make up about 36% of the 11- member Executive Committee. 2ti2 Page 14 of 15 366 Concluding Comments: As a business destination, the Coachella Valley in its entirety possesses many compelling attributes. These include lifestyle amenities, environmental amenities, business incentive zones, collaborative city governments, strategic geographic location in relation to markets, housing opportunities from affordable to executive, workforce, comparatively affordable land, post -secondary education opportunities, logistical advantages, peer networking and a wonderful climate. As a package, the Coachella Valley "business brand" is a yet unknown commodity that needs to stake its claim in the global marketplace of business development. CVEP is the entity that was established to undertake this momentous task. It is beholden upon the regional beneficiaries of this work to underwrite its cost. As has been stated on numerous occasions, a rising tide raises all ships. From home sales to retail shopping to proliferation of intellectual capital and the culture class, the benefits of attracting thousands of better paying jobs to the region will ripple well beyond the borders of the city wherein a particular business chooses to locate. Though temporarily slowed, the valley will continue to grow to nearly 1 million people in roughly 20 years. They are coming! But what jobs will that new population come for? How will that growth affect our socio-economic condition? What economic opportunities are we creating for our children? To what end have we invested in our post -secondary educational facilities? Will the Coachella Valley end up the way we want it without careful planning and a concerted, focused effort on implementation? It will take courageous leadership to address these questions and to chart a purposeful course that will take the Coachella Valley to a desirable destination. CVEP is looking to valley government, business and education leaders to authorize our move forward. The needed authorization is defined as adequate funding as well as intellectual participation in the process. CVEP belongs to its partners and it falls to the partners to create the CVEP — and the Coachella Valley — they desire. '2u3 Page 15of15 367 ] }� .1 k ) § k !! \ \) � � . m mot. I 0 F � o LL E a A O O LL 0 P C TU 0 O w n 2 n n e o n o u h E F a a m a � p 6 m � � O Y OP O a o rc 0 0 0 000 000 00 ' $� ;E t7 t0 N�'m h�=Yi the N .:a�MfONNN�n w r :t�V NM N1 y� vY r i3 TL v a o � j We I 6 EE3 P EEa r. ygg -a sn Cho E EE ExLLI o f 2006 t W a m U W V SE Q m V w�p m Q 0 0 0 o O o 0 0 0 0 0 0 0 f 3Y O o O o O o o O o o i�I O o O O O o 0 q q R. (D O IV f V I V . q q tO N 666.00 O 0 0' O O_ Ca O G p0 0O M)Yf bN MPi (pp m00 OpSn0 o)a0 00 <V V< �aav�afV 1`hhl�l�l� h batl aDow �u5 k 2 § § § / j � S L # E ! ■ m � # ! % # � \ ! §§ §§§ 2[7 2 5 370 ATTACHMENT 4-6 V M BOYS & GIRLS CLUB OF COACHELLA VALLEY Boys & Girls Club of Coachella Valley 42-600 Cook Street Suite 120 almMay 5, 2008 760 86-1160A922tt 760 776-9111 FAX e-mail jducatte®becofev org e-mail gegson@becofev org Ms. Edie Hylton www becofcv org City of La Quinta P.O. BOX 1504 BOARD OF DIRECTORS La Quinta, CA 92247-1504 Mike Way, President Douglas Miller, Vice President Dear Edie, Judy Vossler, Secretary David A. Peal, Treasurer Brien S. Ha nik, Esq , Past President According to my records, a quarterly payment from the City of La Quinta is Steven Albanese now due (April 30) in the amount of $7,500. I appreciate your attention to this Christopher Alling matte[. Carolyn Anderson Ralph Anderson J. Brent Arrive In terms of 1.4. l Basic License Fee of our agreement, I am wondering if the g g Michael P Busch Larry Chank City would consider an increase to four quarterly payments of $10,000 David Chapman beginning Jul 1, 2008? Your consideration of this request is very much f�' g Y q D' David 1 Erwin Ross Escalette appreciated. If my memory serves me correctly, this agreement has been in Allan Farwcll since 1994, when the buildingwas first opened, and we have not P Jonexistence d Fredery Ward Fredericks Ward requested an increase over those years. We're like everybody else in that our Lucia Moran expenses are only going u and we continue to try to keep our membership P Y g g P Y P P Mark Nickerson Donald A Pelegrino PhD fees affordable for the children and their families while offering the best Foch 'Tut' Pensis ro programs possible. g P Suzanne Powell Greg Raumm Rick Remirez Thanks, Edie. You have been wonderful to the Boys & Girls Club and I am an Bert Rottman Dominique Shwe willing to discuss the above request if it is your wish. Lee F. Simmons Mark D. Simon Joel Smilow Sincerely, Sue Steding J FOUNDATION BOARD OF TRUSTEES U Mark D. Simon, President Jim DUcatte David J Erwin, Vice President Chief Executive Officer AI McCandless, Secretary Les R. Peterson, Treasurer Joe Benitez JD/mu Robert O. Bianco Routh Edwards Kelly Flanagan John Foster Reid Jenkins George Kirkjan Mark Nickerson Jim O'Brien Patty Stutz The Positive Place For Kids A United Way Agency �`i /_U7 371 ATTACHMENT 5 June 19, 2008 Staff Outline for 2008/2009 Preliminary Budget City Manager - 5 minutes • Summary of Financial Condition • Summary of Preliminary Budget • Summary of Revenues 1. Expenditures 2. Review Items Listed on Transmittal Letter Finance Director - 15 minutes • A-2 - Review of budget process • A-5 - Review of budget format • B-1 - Present Organizational Chart • B-7 - Review of community profile which compares changes in the categories listed. • B-3 - Present General Fund Revenue Pie Chart which shows percentages. Mention that Pages D-1 through D-5 graph major revenue items and we are prepared to go over them if requested. ! • B-4 - Present General Fund Operating Expenditures Pie Chart - not net of reimbursement. This indicates in what areas the City is directing its efforts. • B-5 - Present City, RDA, Financing Authority expenditures by component - this is how each dollar of total expenditures is broken down. • C-1 - Review of the Budget Summary by Fund which brings together the financial activities of all the City, RDA and Financing Authority Funds. 372 208 • C-5 - Review of reimbursements to the General fund from other funds - other funds pay for personnel and operating expenditures that are recorded in the General Fund. • Section E - Explanation of Department by Department overviews of City operations • E-16 through E-19 - Explanation of format of the two budget documents which are tied together by the schedule of expenditures schedules. • H-1 & H-2 - Review of the City capital improvements approved by the Council in the Five Year Capital Improvement Plan. Question & Answer Period GU`� 373 ATTACHMENT 6 City of La Ouinta FY 2008/2009 - Major Highlights Staff Resources: Funding for an additional four (4) Patrol Deputies Funding for an additional Dedicated Lieutenant Funding for an additional Community Service Officer Funding for an Maintenance Worker 11 Capital Spending -$ Major Projects - Village/Cove Area Fire Station - Phase 1 Corporate Yard Sound Attenuation Wall - Washington St and Laguna De la Paz REVENUES All Funds Anticipated Fund Sources Three Major Fund revenues: General Fund RDA PA#1 Debt Service 1 RDA PA#1 Debt Service 2 General Fund Anticipated Funding Sources (A) Major Sources of General Fund Revenues Sales Intergovernmental Hotel Room Tax EXPENDITURES All Funds Anticipated Uses Three Major Fund Expenditures: Capital Projects RDA PA 1 Debt Service Fund RDA PA 2 Debt Service Fund OTHER Green & Sustainable Environmental Goals General Fund Anticipated Expenditures (B) Surplus/(Deficit) (A)-(B) 11-Jun-08 Department Police Police Police Street Maintenance - Public Works $ 9,472,971 1 1 $ 69,495,343 1 1 $ $ 4.215,841 $ 2,152,767 $ 1,262,470 $152,080,557 1 1 $167,327,393 I I $ $39,263,863 $37,906,750 $ 1,357,113 $46,178,500 $43,534,800 $ 2,643,700 $23.490,800 $ 23,496,300 $ (5,500) $45,439,854 $44,114,821 $ 1,325.033 23% 25% 2% 24% 22% 2% 15% 15% 0% $187.504,282 1 1 $266,652,984 1 1 $ (79,148,702) $10,186,425 $56,084.465 $23,488,397 $763,200 $45,387,151 $70,273,797 I I $ (60,087,372 $64,271,404 $ (8,186,939 $22,240,487 $ 1,247,910 $ 44,063,815 1 1 $ 1,323,337 RIM 210 A 1 I AUHMENT 5 City of La Quinta Resource Allocation Plan Revenue/Expenditure Summary Five Year Forecast July 8, 2008 Approved Five Year Estimate 2008-09 2010-11 2011-12 2012-13 2013-14 Operations Expenditures 44,719,49750,908,304 53,913,014 57,576,391 60,581,271 TOTAL OPERATIONS EXP 44,719,49750,908,304 53,913.014 57,576,391 60,581,271 Less: General Fund Revenues 39,263,86343,264,824 R665,521 44,514,792 45,994,843 47,369,042 Sub -Total Variance (5,455,635)(7,643,480 9,398,222) (11,581,648) 13,212,229) Less: Reimbursements Gas Tax Fund Lighting & Landscaping Civic Center Developer Impact Fee Capital Improvement Fund Library Fund RDA Reimbursements to General Fund 643,015688,814 927,900 202,764 245,256 1,646,385 1,422,500 960,377 202,764 245,256 1,437,500 1,422,500 993,990 202,764 245,256 1,480,600 1,422,500 712,922 1,028,780 202,764 245,256 1,525,000 1,422,500 737,874 1,064,787 202,764 245,256 1,570.800 1,422,500 763,700 1,102,055 202,764 245,256 1,617.900 1,422,500 Total Reimbursements 5,087,820 4,933,918 5,033,924 5,137,222 5,243,981 5,354,175 Transfers In CDBG Indian Gaming 30,000 150,600 30,000 160,600 30,000 30,000 0 30,000 0 30,000 0 SB 1266 COPS & JAG Grants Total 557,171 100,400 550,000 100,400 0 0 0 838,171 831,000 30,000 30,000 30,000 30,000 Transfers Out Police/Fire CIP SilverRock Total 2,000 713,454 0 2,000 713,454 0 2,000 713,454 0 2,000 713,454 0 2,000 713,454 0 2,000 713,454 0 715,454 715,454 715,454 715,454 715,454 715,454 Application of reserves - CSUSB 250,000 TOTAL VARIANCE 4,903 1 (739,214) 3,295,010) (4,946,454) (7,023.021) (8,543.508) 37,5 City of La Quints Resource Allocation plan Revenue Summary Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 TAXES Property Tax 2,838,600 2,923,800 3,011,500 3,101,800 3.194,900 3.290,700 No Low Property Tax Distribution 2,843,300 2,928,600 3,016,500 3,107,000 3.200,200 3,296,200 DocumentTransfer Tax 6,796.500 6,864,500 6,933,100 7,002,400 7,072,400 7,143,100 Sales Tax 2,265,500 2,378,800 2,497,7DO 2,622,WO 2,753,700 2,891,400 Sales Tax Reimbursement 717,200 824.800 907,300 998,000 1,097,800 1,207,600 Transient Occupancy Tax 5,905,400 6.171,100 6,448,800 6,739.000 7,042,300 7,359.200 Franchise Tax 1.764.400 1,764,400 1.764.400 1,764,400 1.764,400 1,764,400 23,130,900 23.856.000 24,579,300 25.335.200 26,125,700 26.952,600 TOTALTAXES LICENSE & PERMITS Business License 279,200 279,200 279,200 279,200 279,200 279,200 Animal License 19,700 19,700 19,700 19,700 19,700 19,700 Building Perils 446,880 446.880 446,880 446,880 446,880 446,880 Plumbing Permits 67,520 67,520 67,520 67,520 67,520 67,520 Electrical Permits 38,080 38,080 38,080 38,080 38,080 38,080 Mechanical Permits 52,400 52,400 52,400 52,400 52,400 52,400 Garage sale permits 10,700 10,700 10,700 10,700 10,700 10,700 Misc Perils 92,400 92,400 92,400 92,400 92,400 92,400 1.006.880 1,006.880 1,D06,880 1,006,880 1,006,880 1,006,880 TOTAL LICENSES a PERMITS FEES General Government Fees 448,525 448.525 448,525 448,525 448,525 448,525 Community Services Fees 300 300 300 300 300 300 Bldg & Safety Fees 422,480 422,480 422,480 422,480 422,480 422.480 Community Development Fees 100,200 100,200 1D0,200 100,200 100,200 100,200 Public Works Fees 501.200 516,200 531,700 547,700 564,100 581,000 1,472,705 1,487,705 1.503,205 1,519.205 1,535,605 1 1,552.505 TOTALFEES INTERGOVERNMENTAL Motw Vehicle ln-Lieu 3,942,100 4,060,400 4.182,200 4,307,700 4,436.900 4,570,000 OH Hwy Vehicle License 0 0 0 0 0 0 Motor Vehicle Code Fines 94,500 94,500 94,500 94,500 94,500 94,500 Parking Violations 59,500 59,500 59,500 59,500 59,500 59,500 Misc Fines 30,400 30,400 30,400 30,400 30,400 30,400 AB939 218,ODO 218,000 218,000 218,000 218,000 218,000 CSA152 16,800 16,800 16,800 16,800 16,800 16,800 FEMA/ OES Grant 10,8DO 0 0 0 0 0 County Fire Service Credit 5,053,10D 5,204,700 5,360,800 5.521,600 5,687,200 5.857,800 County Fire Service Credit Applied 0 144,356 1,985,061 2,176,829 2,555.180 2,781,879 9,425,200 9,539,944 11,947,261 12A25,329 13.098,480 13,628,879 TOTAL INTERGOVERNMENTAL INTEREST 4,127,478 4,127,478 4,127,478 4,127,478 4,127,478 4,127,478 MISCELLANEOUS 100,700 1DO,700 100,700 100,700 100,700 100,700 TOTAL GENERAL FUND 39,263,863 40,118,707 43,264,824 44,514,792 45,994,843 47,369,042 Summary of General Fund Revenues TAXES 23,130,9DD 23,856,OW 24,579,300 25,335,200 26,125,700 26,952,600 LICENSE & PERMITS 1,006,880 1,006,880 1,DD6,880 1,006,880 1,006,880 1,006,880 FEES 1,472,705 1,487,705 1,503,205 1,519,205 1,535,605 1,552,505 INTERGOVERNMENTAL 9.425.200 9.539.944 11,947,261 12,425,329 13,D98,480 13,628,879 INTEREST 4.127,478 4,127,478 4,127,478 4,127,478 4,127,478 4,127,478 MISCELLANEOUS 100,700 1DO,700 100,700 100,700 100,700 100,700 39,263,863 40,118,707 43,264,824 44,514,792 45,994,843 47,369,042 TOTAL GENERAL FUND 376 City of La Quints Resource Allocation Plan Operations Expense Summary By Program Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 GENERAL GOVERNMENT: - LEGISLATIVE 1,010,322 1,038,500 1,067,600 1,097.700 1,128,800 1,161,000 CITY MANAGER'S OFFICE 493,143 515,800 539,600 564,500 590,600 618,000 DEVELOPMENT SERVICES 2,448,397 2,280,400 2,370,700 2,464,400 2,561,600 2,662,500 MANAGEMENT SERVICES 1.701,949 1,769,300 1,839,400 1,912,400 1.988.600 2,068,000 5,653,811 5,604,000 5,817,300 6,039,000 6,269,600 6,509,500 TOTAL GENERAL GOVERNMENT CITY CLERK 778,828 814,800 862,400 891,900 1,049,000 1,098.100 COMMUNITY SERVICES PARKS & RECREATION ADMIN 1,072,456 1,112,000 1,313,900 1,368,050 1,424,600 1,605,200 SENIOR CENTER 443,402 461,300 480,000 499.500 519,800 541,100 RECREATION PROGRAMS 223,579 233,200 295,800 308,950 322,700 337,200 LIBRARY 1,395,671 1,437,500 1,480,600 1,525,000 1,570,800 1.617,900 PARK MAINTENANCE 1,421,031 1,466,800 1,592,850 1.645,725 1,787,200 1,848,100 MUSEUM 250,714 255,200 265.000 275,200 285.800 296,800 4,710,800 5,163,150 5.347,225 5,625,100 5,949,500 TOTAL COMMUNITY SERVICES FINANCE: ' FISCAL SERVICES 1,063,500 1,113,700 1,276,600 1,337,400 1,401.000 CENTRAL SERVICES F402,511 414,600 427,000 439,800 453,000 466,600 1,478,100 1,540,700 1,716,400 1,790,400 1,867,600 TOTAL FINANCE BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 437,418 458,600 480,600 504,100 528,500 554,200 BUILDING 1.015,916 1,062,000 1.110,200 1,160,600 1,213.500 1,268,800 CODE COMPLIANCE 997,512 1,044.000 1.092.700 1,364,300 1,428.600 1,618,000 ANIMAL CONTROL 407,510 425,200 443,600 573,200 598,900 625,800 CIVIC CENTER BUILDING-OPER 1,260,990 1,301,900 1,344,300 1,388,000 1,433,200 1,480,000 FIRE 4,979,375 5,060,344 7,345,861 7,698,429 8,242,380 8,639,679 EMERGENCY SERVICES 151.274 157,900 164.800 172,100 179.700 187,700 9,249,995 9,509,944 11,962,261 12,860,729 13,624,980 14,374,179 TOTAL BUILDING & SAFETY POLICE POLICE 12,175,556 12,646,041 13,768,843 14,457,210 15,774,011 16,662,592 12,175,556 12,546,041 13,768,843 14,457,210 15,774.011 16,562.592 TOTAL POLICE PLANNING: ADMINISTRATION 1, 114,042 1,159,300 1,208,400 1,255,500 1,308,800 1,360,300 PLANNING 748.786 783,400 821,800 972,300 1,020.100 1,070.200 1,860,828 1.942,700 2.028.200 2,227,800 2,326,900 2,430,500 TOTAL PLANNING PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 762,943 794,500 827,300 861,600 897.500 934.900 DEVELOPMENT SERVICES 1,158,668 1.211,200 1,371,200 1.544,500 1,731,600 1,812,100 MAINT/OPERATIONS- STREETS 3,303,803 3,526,100 3,654,150 3,814,650 4,069,800 4,463,600 MAINT/OPERATIONS- LTG/LANDSCAP 2,158,221 2,226,200 2,294.300 2,365,700 2,439,400 2,515,400 TRAFFIC 554,479 572,800 597,200 733,000 765,200 798,800 ENGINEERING SERVICES 837,477 971,200 1,011.300 1,053,300 1.212,900 1,264,500 8.775,591 9,301.000 9.755.450 10,372,750 11.116.400 11,789,300 TOTAL PUBLIC WORKS TOTAL GENERAL FUND OPERATING EXP 44719,497 45,907,385 50,908,304 53,913.014 57,576.391 60,581.271 TRANSFERS OUT 715.454 715.454 715.464 715,454 716,454 715,454 GENERAL FUND REIMBURSEMENTS (5,087,820) (4,933,918) (5,033,924) (5,137,222) (5,243,981) (5,354,175) NET GENERAL FUND EXPENDITURES 40,347,131 41,688,921 46,589,834 49,491,246 53.047.864 55,942,550 377 City of La Quinta Resource Allocation Plan Personnel Allocation Five Year Forecast GENERAL GOVERNMENT: LEGISLATIVE 0 0 0 0 0 0 CITY MANAGER'S OFFICE 2 2 2 2 2 2 DEVELOPMENT SERVICES 5 5 5 5 5 5 MANAGEMENT SERVICES 5 5 5 5 5 5 12 12 12 12 12 12 TOTAL GENERAL GOVERNMENT CITY CLERK 6 6 6 6 7 7 COMMUNITY SERVICES COMMUNITY SERVICE- ADMIN 5 5 65 65 6.5 7.5 SENIOR CENTER 3 3 3 3 3 3 PARKS & RECREATION PROGRAMS 1 1 1 5 1.5 1.5 25 PARK MAINTENANCE 1.25 1.25 2 2 275 275 SILVERROCK 0.5 0.5 0.5 0.5 0.5 05 MUSEUM 1 1 1 1 i 1 11.75 11.75 14.5 145 15.25 17.25 TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 9 9 9 10 10 10 CENTRAL SERVICES 0 0 0 0 0 0 9 9 9 10 10 10 TOTAL FINANCE BUILDING & SAFETY: BUILDING& SAFETY-ADMIN 3 3 3 3 3 3 CODE COMPLIANCE 8.5 8.5 85 105 105 11.5 ANIMAL CONTROL 3 3 3 4 4 4 BUILDING 7.5 7.5 7.5 7.5 7.5 75 EMERGENCY SERVICES 1 1 1 1 1 1 CIVIC CENTER BUILDING-OPER 2 2 2 2 2 2 25 25 25 28 28 29 TOTAL BUILDING & SAFETY PLANNING: ADMINISTRATION 5 5 5 5 5 5 PLANNING 7 7 7 8 8 8 12 12 12 13 13 13 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 3 3 3 3 3 3 DEVELOPMENT SERVICES 75 7.5 8.5 s5 10.5 105 TRAFFIC 3 3 3 4 4 4 ENGINEERING SERVICES 3.5 4.5 4.5 45 55 5.5 MAINT/OPERATIONS- STREETS 11.25 12.5 12.5 1275 1375 15.75 MAINT/OPERATIONS- LIGHTING 1 1 1 1 1 1 29.25 31.5 325 34.75 3775 3975 TOTAL PUBLIC WORKS TOTAL -CITY PERSONNEL 105 10725 111 11825 123 128 POLICE 55 55 58 58 61 61 FIRE 22 22 33 33 34 34 77 77.00 9100 91.00 9500 95.00 TOTAL - CONTRACT PERSONNEL GRAND TOTAL 182 18425 202 209.25 218 223 378 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 GENERAL GOVERNMENT: LEGISLATIVE Salaries 144.000 144,000 144,000 144,000 144,000 144,000 Benefits 108,500 113,900 119,600 125,600 131,900 138,500 Services & Supplies 757,822 780,600 804,000 828,100 852,900 878,500 Equipment 0 0 0 0 0 0 Total 1,010,322 1,038,500 1,067,600 1,097,700 1,128,800 1,161,000 Positions Total 0 0 0 0 0 0 379 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 GENERAL GOVERNMENT: CITY MANAGER Salaries 296,200 311,000 326,600 342,900 360,000 378,000 Benefits 101,850 106,900 112,200 117,800 123,700 129,900 Services & Supplies 95,093 97,900 100,800 103,800 106,900 110,100 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 493,143 515,800 539,600 564,500 590,600 618,000 Total Positions City Manager 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 0 0 0 0 0 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 GENERAL GOVERNMENT: DEVELOPMENT SERVICES Salaries Benefits Services & Supplies Equipment 489,300 193,500 1,760,597 5,000 513,800 203,200 1,813,400 0 539,500 213,400 1,867,800 0 566,500 224,100 1,923,800 0 594,800 235,300 1,981,500 0 624,500 247,100 2,040,900 0 Total 2,448,397 2,530,400 2,620,700 2,714,400 2,811,600 2,912,500 Positions Assistant City Manager Management Analyst Management Assistant Executive Assistant 1 2 1 1 1 2 1 1 1 2 1 1 1 2 1 1 1 2 1 1 1 2 1 1 Total 5 5 5 5 5 5 381 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 GENERAL GOVERNMENT: MANAGEMENT SERVICES Salaries 615,100 645,900 678,200 712,100 747,700 785,100 Benefits 196,200 206,000 216,300 227,100 238,500 250,400 Services & Supplies 890,649 917,400 944,900 973,200 1,002,400 1,032,500 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 1,701,949 1,769,300 1,839,400 1,912,400 1,988,600 2,068,000 Total Positions Assistant City Manager 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Management Assistant 1 1 1 1 1 1 Personnel/Risk Manager 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Total 5 5 5 5 5 5 New Salary Costs 0 0 0 0 0 38 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 CITY CLERK CITY CLERK Salaries 445,300 467,600 491,000 515,600 541,400 568,500 Benefits 183,300 192,500 202,100 212,200 222,800 233,900 Services BSupplies 150,228 154,700 159,300 164,100 169,000 174,100 Equipment 0 0 0 0 0 0 New Positions 0 0 0 115,800 121,600 778,828 814,800 852,400 891,900 1,049,000 1,098,100 Total Positions City Clerk 1 1 1 1 1 1 Deputy City Clerk 2 2 2 2 2 2 Secretary 1 1 1 1 1 1 Office Assistant/Receptionist 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Records Coordinator 0 0 0 0 1 1 6 6 6 6 7 7 Total New Salary Costs 0 0 0 115,800 0 383 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 COMMUNITY SERVICE ADMINISTRATION Salaries 364,800 383,000 402,200 422,300 443,400 465,600 Benefits 160,000 168,000 176,400 185,200 194,500 204,200 Services & Supplies 544,656 561,000 577,800 595,100 613,000 631,400 Equipment 3,000 0 0 0 0 0 New Positions 0 157,500 165,450 173,700 304,000 1,072,456 1,112,000 1,313,900 1,368,050 1,424,600 1,605,200 Total Positions Community Services Director 1 1 1 1 1 1 Community Services Manager 1 1 1 1 Recreation Supervisor 1 1 1 1 1 1 Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 05 0.5 1 1 1 2 Secretary 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Total 5 5 6.5 6.5 6.5 7.5 New Salary Costs 0 157,500 0 0 121,600 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 COMMUNITY SERVICE SENIOR CENTER Salaries 152,200 159,800 167,800 176,200 185,000 194,300 Benefits 80,100 84,100 88,300 92,700 97,300 102,200 Services & Supplies 211,102 217,400 223,900 230,600 237,500 244,600 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 443,402 461,300 480,000 499,500 519,800 541,100 Total Positions Recreation Supervisor 1 1 1 1 1 1 Senior Ctr Activities Coord 1 1 1 1 1 1 Senior Center Assistant 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 3gS City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 COMMUNITY SERVICE PARK & RECREATION Salaries 113,100 118,800 124,700 130,900 137,400 144,300 Benefits 33,950 35,600 37,400 39,300 41,300 43,400 Services & Supplies 76,529 78,800 81,200 83,600 86,100 88,700 Equipment 0 0 0 0 0 0 New Positions 0 52,500 55,150 57,900 60,800 2237579 233,200 295,800 308,950 322,700 337,200 Total Positions Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 1 1 1 2 Total 1 1 1.5 1.5 1.5 2.5 New Salary Costs 0 52,500 0 0 121,600 DI M0 901101 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 1 2012-13 2013-14 COMMUNITY SERVICE LIBRARY Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services&Supplies 1,395,671 1,437,500 1,480,600 1,525,000 1,570,800 1,617,900 Equipment 0 0 0 0 0 0 Total 1,395,671 1,437,500 1,480,600 1,525,000 1,570,800 1,617.900 Positions 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 387 City of la Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 1 2011-12 2012-13 2013-14 COMMUNITY SERVICE PARK MAINTENANCE Salaries 112,600 118,200 124.100 130,300 136.800 143,600 Benefits 45,450 47,700 50,100 52,600 55,200 58,000 Services & Supplies 1,262,981 1,300,900 1,339,900 1,380,100 1,421.500 1,464,100 Equipment 0 0 0 0 0 0 New positions 0 78,750 82,725 173,700 182,400 1,421,031 1,466,800 1.592,850 1,645,725 1,787.200 1,848,100 Total positions Maintenance Manager 0.25 0.25 0.25 0.25 025 0.25 Maintenance Foreman 0.25 0.25 0.25 025 1 1 Maintenance Worker 1 0.25 0.25 1 1 1 1 Goff and Park/Landscape Manager-SilverRock 05 05 05 0.5 05 05 125 1.25 2 2 2.75 275 Total New Salary Costs 0 78,750 0 86,900 0 388 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 COMMUNITY SERVICE MUSEUM Salaries 73,100 76,800 80,600 84,600 88,800 93,200 Benefits 30,050 31,600 33,200 34,900 36,600 38,400 Services 8 Supplies 142,564 146,800 151,200 155,700 160,400 165,200 Equipment 5,000 0 0 0 0 0 New Positions 0 0 0 0 0 250,714 255,200 265,000 275,200 285,800 296,800 Total Positions Museum Manager 1 1 1 1 1 1 1 1 1 1 1 1 Total New Salary Costs 0 0 0 0 0 389 City of La Quinta Resource Allocation plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 FINANCE: FISCAL SERVICES Salaries 607,700 638,100 670,000 703,500 738,700 775,600 Benefits 265,500 278,800 292,700 307.300 322,700 338,800 Services 8 Supplies 142,325 146,600 151,000 155,500 160,200 165,000 Equipment 0 0 0 0 0 0 New Positions 0 0 110,300 115,800 121,600 1,015,525 1,063,500 1,113,700 1,276,600 1,337,400 1,401,000 Total Positions Finance Director 1 1 1 1 1 1 Accounting Manager 1 1 1 1 1 1 Financial Services Assistant 1 1 1 1 1 1 Account Technician 2 2 2 2 2 2 Senior Account Clerk 2 2 2 2 2 2 Secretary 1 1 1 1 1 1 Senior Information Technology Analyst- Hardware 0 0 0 1 1 1 Senior Information Technology Analyst- Software 0 0 0 1 1 1 Information Technology Analyst i 1 1 0 0 0 9 9 9 10 10 10 Total New Salary Costs 0 0 110,300 0 0 390 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 FINANCE: CENTRAL SERVICES Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services & Supplies 402,511 414,600 427,000 439,800 453,000 466,600 Equipment 0 0 0 0 0 0 Total 402,511 414,600 427,000 439,800 453,000 466,600 Positions Total 0 0 0 0 0 0 391 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 BUILDING & SAFETY ADMINISTRATION Salaries 290,800 305,300 320,600 336,600 353,400 371,100 Benefits 113,100 118,800 124,700 130,900 137,400 144,300 Services & Supplies 33,518 34,500 35,500 36,600 37,700 38,800 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 437,418 458,600 480,800 504,100 528,500 554,200 Total Positions Building and Safety Director 1 1 1 1 1 1 Special Projects Assistant 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 392 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 BUILDING & SAFETY BUILDING & SAFETY Salaries 537,100 564,000 592,200 621,800 652.900 685,500 Benefits 242,100 254,200 266,900 280,200 294,200 308,900 Services & Supplies 236,716 243,800 251,100 258,600 266,400 274,400 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 1,015,916 1,062,000 1,110,200 1,160,600 1,213,500 1,268.800 Total Positions Building and Safety Manager 1 1 1 1 1 1 Senior Building Inspector 1 1 1 1 1 1 Plan Checker 1 1 1 1 1 1 Building Inspector II 2 2 2 2 2 2 Counter Technician 2 2 2 2 2 2 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 7.5 7.5 7.5 7.5 7.5 7.5 Total New Salary Costs 0 0 0 0 0 393 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 BUILDING & SAFETY CODE COMPLIANCE Salaries 564,200 592,400 622,000 653,100 685,800 720,100 Benefits 261,900 275,000 288,800 303,200 318,400 334,300 Services & Supplies 171,412 176,600 181,900 187,400 193,000 198,800 Equipment 0 0 0 0 0 0 New Positions - Annexation 0 0 220,600 231,600 364,8o0 997,512 1,044,000 1,092,700 1,3.4,300 1,428,800 1,618,000 Total Positions Community Safety Manager 1 1 1 1 1 1 Senior Code Compliance Officer 1 1 1 1 1 1 Code Compliance Officer II 2 2 2 2 2 2 Code Compliance Officer II - Annexation 0 0 0 1 1 2 Code Compliance Officer I 1 1 1 1 1 1 Code Compliance Officer I- Annexation 0 0 0 1 1 1 Counter Technician 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.6 Animal Control / Code Compliance Officer 0.5 0.5 05 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 8.5 8.5 8.5 10.5 10.5 11.5 Total New Salary Costs 0 0 220,600 0 121,600 394 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 BUILDING & SAFETY ANIMAL Salaries 185,500 194,800 204,500 214,700 225,400 236,700 Benefits 87,700 92,100 96,700 101,500 106,600 111,900 Services & Supplies 134,310 138,300 142,400 146,700 151,100 155,600 Equipment 0 0 0 0 0 0 New Positions - Annexation 0 0 110,300 115,800 121,600 407,510 425,200 443'600 573,200 598,900 625,800 Total Positions Animal Control Officer II 1 1 1 1 1 1 Animal Control Officer II - Annexation 0 0 0 1 1 1 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 05 0.5 0.5 0.5 0.5 0.5 Total 3 3 3 4 4 4 New Salary Costs 0 0 110,300 0 0 395 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 1 2012-13 2013-14 BUILDING & SAFETY CIVIC CENTER OPERATIONS Salaries 100,600 105,600 110,900 116,400 122,200 128,300 Benefits 54,250 57,000 59,900 62,900 66,000 69,300 Services & Supplies 1,106,140 1,139,300 1,173,500 1,208,700 1,245,000 1,282,400 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 1,260,990 1,301,900 1,344,300 1,388,000 1,433,200 1,480,000 Total Positions Facilities Maintenance Coordinator 1 1 1 1 1 1 Maintenece Worker 1 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 0 0 0 0 0 396 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PUBLIC SAFETY POLICE Salaries Benefits Services & Supplies 11,948,610 12,546,041 13,173,343 13,832,010 14,523,611 15,249,792 Equipment 226,946 0 0 0 0 0 New Positions 0 397,000 416,800 833,600 875,200 New Positions - Annexation 0 198,500 208,400 416,800 437,600 12,175,556 12,546,041 13,768,843 14,457,210 15,774,011 16,562,592 Total Positions Patrol Officer 31 31 33 33 35 35 Patrol Officer - Annexation Area 0 0 1 1 2 2 School Resource Officer 3 3 3 3 3 3 Target Team 6 6 6 6 6 6 Motor Officer 5 5 5 5 5 5 Narcotics Task Force Officer 1 1 1 1 1 1 Gang Task Force Officer 1 1 1 1 1 1 Dedicated Lieutenant 1 1 1 1 1 1 Dedicated Sergeant 2 2 2 2 2 2 Community Service Officer 4 4 4 4 4 4 Commercial District Officer 1 1 1 1 1 1 55 55 58 58 61 61 Total New Salary Costs 0 595,500 0 656,400 0 3�� City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 BUILDING & SAFETY FIRE Salaries Benefits Note Services & Supplies 4,819,375 5,060,344 5,313,361 5,579,029 5,857,980 6,150,879 Equipment 160,000 0 0 0 0 0 New Positions 1,732,500 1,819,400 2,084,400 2,188,800 New Station operating expenses 300,000 300,000 300,000 300,000 4,979,375 5,060,344 7,345,861 7,698,429 8,242,380 8,639,679 Total Positions Captain 3 3 4 4 4 4 Medic Engineer 2 2 4 4 4 4 Engineer 3 3 4 4 4 4 Fire Fighter II - Medics 6 6 11 11 11 11 Fire Fighter II 7 7 9 9 9 9 Fire Service Inspector 1 1 1 1 2 2 Total 22 22 33 33 34 34 New Salary Costs 0 1,732,500 0 173,700 0 Note: Fourth Fire Station opens in FY 09/10. Costs do not include construction of station or equipment Note 1- Revenue expected- 5,053,100.00 5,204,700.00 5,360,800.00 5,521,600.00 5,687,200.00 5,857,800.00 Fire tax Credit applied (73,725.00) (144,356.00) 1,985,061.00 2,176,829.00 2,555,180.00 2,781,879.00 General Fund contribution 4,979,375.00 5,060,344.00 7,345,861.00 7,698,429.00 8,242,380.00 8,639,679.00 Estimated credit balance ava 7,000,000.00 7,073,725.00 7,218,081.00 5,233,020.00 3,066,191.00 501,011.00 (2,280,868.00) City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 BUILDING & SAFETY EMERGENCY SERVICES Salaries 72,100 75,700 79,500 83,500 87,700 92,100 Benefits 32,450 34,100 35,800 37,600 39,500 41,500 Services & Supplies 46,724 48,100 49,500 51,000 52,500 54,100 Equipment 0 0 0 0 0 0 Total 151,274 157,900 164,800 172,100 179,700 187,700 Positions Emergency Services Coordinator 1 1 1 1 1 1 Total 1 1 1 1 1 1 399 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PLANNING ADMINISTRATION Salaries 417,800 438,700 460,600 483,600 507,800 533,200 Benefits 171,300 179,900 188,900 198,300 208,200 218,600 Services & Supplies 524,942 540,700 556,900 573,600 590,800 608,500 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 1,114,042 1,159,300 1,206,400 1,255,500 1,306,800 1,360,300 Total Positions Community Development Director 1 1 1 1 1 1 Planning Manager 1 1 1 1 1 1 Executive Secretary 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Total 5 5 5 1 5 5 1 5 New Salary Costs 0 0 0 0 0 400 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PLANNING PLANNING Salaries 498,700 523,600 549,800 577,300 606,200 636,500 Benefits 209,200 219,700 230,700 242,200 254,300 267,000 Services & Supplies 38,886 40,100 41,300 42,500 43,800 45,100 Equipment 0 0 0 0 0 0 New Positions 0 0 110,300 115,800 121,600 746,786 783,400 821,800 972,300 1,020,100 1,070,200 Total Positions Principal Planner 3 3 3 3 3 3 Associate Planner 1 2 2 2 2 2 Assistant Planner 3 2 2 3 3 3 Total 7 7 7 8 8 8 New Salary Costs 0 0 110,300 0 LE 401 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PUBLIC WORKS ADMINISTRATION Salaries 311,200 326,800 343,100 360,300 378,300 397,200 Benefits 120,600 126,600 132,900 139,500 146,500 153,800 Services & Supplies 331,143 341,100 351,300 361,800 372,700 383,900 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 762,943 7;4,500 827,300 861,600 897,500 934,900 Total Positions Public Works Director / City Engineer 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 442 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PUBLIC WORKS DEVELOPMENT SERVICES Salaries 625,500 656.800 689,600 724,100 760,300 798,300 Benefits 263,900 277,100 291,000 305,600 320,900 336,900 Services & Supplies 269,268 277,300 285,600 294,200 303,000 312,100 Equipment 0 0 0 0 0 0 New Positions 105,000 220,600 347,400 364,800 1,158,668 1,211,200 1,371,200 1,544,500 1,731,600 1,812,100 Total Positions Principal Engineer 1 1 1 1 1 1 Senior Engineer 1 1 1 1 1 1 Associate Engineer 2 2 2 3 3 3 Assistant Engineer II 1 1 1 1 2 2 Counter Technician 2 2 2 2 2 2 Secretary 0.5 0.5 0.5 0.5 0.5 0.5 Construction Inspector 0 0 1 1 1 1 7.5 7.5 8.5 9.5 10.5 10.5 Total New Salary Costs 0 105,000 110,300 115,800 0 4 p,3 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PUBLIC WORKS STREET MAINTENANCE Salaries 624,000 655,200 688,000 722,400 758,500 796,400 Benefits 311,500 327,100 343,500 360,700 378,700 397,600 Services & Supplies 2,348,303 2,418,800 2,491,400 2,566,100 2,643,100 2,722,400 Equipment 20,000 0 0 0 0 0 New Positions 125,000 131,250 165,450 1 289,500 547,200 3,303,803 3,526,100 3,654,150 3,814,650 4,069,800 4,463,600 Total Positions Maintenance Manager 0.5 0.75 0.75 0.75 0.75 0.75 Maintenance Foreman 2 2.75 2.75 3 3 3 Maintenance Worker II 4 4 4 4 4 5 Maintenance Worker 1 4.75 5 5 5 5 6 Office Assistant 0 0 0 0 1 1 Total 11.25 12.5 12.5 12.75 13.75 15.75 New Salary Costs 125,000 0 27,600 115,800 243,200 401,1 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 1 2012-13 2013-14 PUBLIC WORKS LIGHTING & LANDSCAPE Salaries 80,900 84,900 89,100 93,600 98,300 103,200 Benefits 33,750 35,400 37,200 39,100 41,100 43,200 Services & Supplies 2,043,571 2,104,900 2,168,000 2,233,000 2,300,000 2,369,000 Equipment 0 0 0 0 0 0 New Positions 27158,221 2,225,200 2,294,300 2,365,700 2,439,400 2,515,400 Total Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.75 0.75 0.75 0.75 0.75 0,75 Maintenance Worker II 0 0 0 0 0 0 Total 1 1 1 1 1 1 New Salary Costs 0 0 0 0 0 4 l,j 5 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PUBLIC WORKS TRAFFIC Salaries 239,200 251,200 263,800 277,000 290,900 305,400 Benefits 102,800 107,900 113,300 119,000 125,000 131,300 Services 8 Supplies 207,479 213,700 220,100 226,700 233,500 240,500 Equipment 5,000 0 0 0 0 0 New Positions 0 0 110,300 1 115,800 121,600 554,479 572,800 597,200 733,000 765,200 798,800 Total Positions Traffic Engineer 1 1 1 1 1 1 Assistant Engineer II 1 1 1 1 1 1 Signal Technician 1 1 1 2 2 2 Total 3 3 3 4 4 4 New Salary Costs 0 0 0,300 T 0 0 406 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 PUBLIC WORKS ENGINEERING SERVICES Salaries 307,300 322,700 338,800 355,700 373,500 392.200 Benefits 122,600 128,700 135,100 141,900 149,000 156,500 Services & Supplies 407,577 419,800 432,400 445,400 458,800 472,600 Equipment 0 0 0 0 0 0 New Positions 100,000 105,000 110,300 231,600 243,200 837,477 971,200 1,011,300 1,053,300 1,212,900 1,264,500 Total Positions Principal Engineer 1 1 1 1 1 1 Assistant Engineer II 1 1 1 1 1 1 Assistant Engineer 1 1 1 1 1 1 1 Secretary 0.5 0.5 0.5 0.5 0.5 0.5 Special Projects Assistant 0 0 0 0 0 0 Construction Inspector 0 1 1 1 1 1 Associate Engineer 0 0 0 0 1 1 3.5 4.5 4.5 4.5 5.5 5.5 Total New Salary Costs 100,000 0 0 115,800 0 407 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 ANNEXATION Cost New Positions 0 0 198,500 539,300 764,200 924,000 0 0 198,500 539,300 764,200 924,000 Total Positions Patrol Officer -Annexation Area 0 0 1 1 2 2 Code Compliance Officer II - Annexation 0 0 0 1 1 2 Code Compliance Officer I- Annexation 0 0 0 1 1 1 Animal Control Officer II - Annexation 0 0 0 1 1 1 0 0 1 4 5 6 Total City of La Quinta Five Year Resource Allocation Assumptions Assumptions Revenues 2009-10 2010-11 2011-12 2012-13 2013-14 Property Taxes 3.00% 3.00% 3.00% 3.00% 3.00% No Low Property Tax 3.00% 3.00% 3.00% 3.00% 3.00% Document Transfer Tax 1.00% 1.00% 1.00% 1.00% 1.00% Sales Tax 5.00% 5.00% 5.00% 5.00% 5.00% Transient Occupancy Tax 15.00% 10.00% 10.00% 10.00% 10.00% Franchise Tax 4.50% 4.50% 4.50% 4.50% 4.50% License and Permits 0.00% 0.00% 0.00% 0.00% 0.00% Public Works fees 3.00% 3.00% 3.00% 3.00% 3.00% Motor Vehicle In -Lieu 3.00% 3.00% 3.00% 3.00% 3.00% County Fire Service Credit 3.00% 3.00% 3.00% 3.00% 3.00% Expenditures 2009-10 2010-11 2011-12 2012-13 2013-14 Salaries 5.00% 5.00% 5.00% 5.00% 5.00% Benefits 5.00% 5.00% 5.00% 5.00% 5.00% Services and Supplies 3.00% 3.00% 3.00% 3.00% 3.00% 5.00% 5.00% 5.00% 5.00% 5.00% Police costs 5.00% 5.00% 5.00% 5.00% 5.00% Fire costs 5.00% 5.00% 5.00% 5.00% 5.00% Fire Cost per Position 150,000 157,500 165,400 173,700 182,400 Police Cost per Position 180,000 189,000 198,500 208,400 218,800 City Staff Cost per Position 100,000 105,000 110,300 115,800 121,600 Gas Tax Fund 3.50% 3.50% 3.50% 3.50% 3.50% Lighting & Landscaping 3.50%1 3.50%1 3.50%1 3.50%1 3.50% 4 9 C. Twyl 4 4 Qum& COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Consideration of an Ordinance Amending Title 11 of the La Quinta Municipal Code Regarding Use of Skateboarding Park Areas 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 Title 11 of the La Quinta Municipal Code by amending Chapter 11.96.020. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 5, 2002 City Council meeting, the City Council added section 11.96.020 to the La Quinta Municipal Code setting regulations for the use of skateboarding park areas that would enable the City to enforce rules at the skate park. This Ordinance was based on California State Senate Bill 994 ("SB 994"), which declared skateboarding a hazardous activity. SB 994 also stated that: "(a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that Nut is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person skateboarding is 14 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or N." SB 994 sunset on January 1, 2008. In January 2006, The California State Senate passed Bill 1179. This bill basically mirrored SB 994, but now deemed persons 12 years of age or older (as opposed to the previously designated age limit of 14 years of age or older) as participating in a hazardous recreational activity within the meaning of Government Code Section 831.7. In addition, SB 1179 extended the operative dates of this provision until January 1, 2012. The change in age limit from 14 years to 12 years of age or older necessitates an amendment to La Quinta City Municipal Code Chapter 1 1.96.020 411 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 Title 11 of the La Quinta Municipal Code by amending Chapter 11.96.020; or 2. Do not introduce an Ordinance amending Title 11 of the La Quinta Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, 4A6-- ",6 - Edie Hylton Community Services Director nApproved for submission by: Thomas P. Genovese, City Manager 412 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE BY AMENDING CHAPTER 11.96.020 WHEREAS, the City of La Quinta has determined it is the best interest of the community to provide a designated skateboarding area; and WHEREAS, the City has carefully considered how to best regulate the use of such designated skateboarding areas so as to facilitate their use and enjoyment while at the same time protecting the users of such skating facilities, pedestrians and others from conflicts, accidents, or other eventualities which could result in injury to person or property; and WHEREAS, the use of any public skateboarding areas shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code and the City may not be held liable for injuries incurred by persons who participate in any such hazardous recreational activity. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 11.96.020 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: All persons using a skateboarding park area within the city shall obey all rules and regulations posted in any such area. In addition, all persons within a skateboarding park area in the city shall comply with the following requirements: 1. No person shall skate or skateboard within a skateboarding park area at times other than those established as the hours of operation. The hours of operation shall be six a.m. to ten p.m.; 2. No person under the age of twelve shall use the skateboarding park area unless supervised by a person at least twenty-five years of age. The supervising person must assume full responsibility for the person under the age of twelve using the skateboarding park area; 3. No person shall skate or skateboard when the skateboarding park area is wet or when hazardous conditions, such as irregularities in the skating surface or skateboarding park area exist; 413 Ordinance No. Use of Skateboarding Park Areas Adopted: July 15, 2008 Page 2 4. No person shall cause or initiate any act of violence or harass another person inside or around the skateboarding park area; 5. Only skateboards and in -line skates can be used in the skateboarding park area. Use of other equipment, such as bicycles or scooters within the skateboarding park area is prohibited; 6. No person shall use the skateboarding park area unless they wear proper safety equipment including a helmet, elbow pads, and knee pads properly sized and designated for the intended use; 7. No person shall consume food or drink in the skateboarding park area; 8. No person shall use alcohol, drugs or smoke in the skateboarding park area or surrounding areas; 9. All persons using the skateboarding park area must place trash in cans provided by the city; 10. No person shall cause graffiti or tagging in or around the skateboarding park area; 11. No person shall skateboard or skate on curbs, planters, benches, steps, railings, fences, playground equipment, driveways or areas intended for uses other than skating within the area surrounding the skateboarding park area; 12. No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skateboarding park area; 13. No spectators are permitted within the area designated for skateboarding; 14. Reckless or destructive skating that jeopardizes the safety of persons or property is prohibited; 15. Glass containers are prohibited in the skateboarding park area; 16. All organized events shall have prior written approval from the Community Services Department; 17. Animals are not allowed in the skateboarding park area; 4,74 Ordinance No. Use of Skateboarding Park Areas Adopted: July 15, 2008 Page 3 Any violation of any section in this chapter is deemed to be an infraction and is punishable as such according to the provisions of this code and state law. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of La Quinta hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION Ill. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION IV. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) 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 this 15t" day of July, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 415 Ordinance No. Use of Skateboarding Park Areas Adopted: July 15, 2008 Page 4 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 416 Tihr4lwQ COUNCILIRDA MEETING DATE: July 15, 2008 ITEM TITLE: Consideration of Appointment of Voting Delegate and Alternate to the 2008 League of California Cities Conference RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a voting delegate and an alternate for the 2008 League of California Cities Annual Conference. FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget line item 101-1001-41 1.51-01 contains $4,500 for this meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year, the member cities of the League of California Cities are requested to designate a voting representative and alternate who will attend the business meeting and the Annual Conference. This year, Mayor Adolph, Council Member Henderson, and Council Member Kirk are planning to attend the annual conference in Long Beach, CA, September 24 - 27, 2008 (Attachment 1). It is important to note the deadline for providing the League with this information is September 5, 2008. 417 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of a voting delegate and an alternate for the League of California Cities Annual Conference; or 2. Do not approve the selection of a voting delegate and an alternate; or 3. Provide staff with alternative direction. Respectf Ily submitted, z Veronica J. tecino, CMC City Clerk Approved for submission by: . Thomas P. Genovese, City Manager Attachment: 1. League of California Cities memo dated June 13, 2008 47.8 Attachment 1 1400 K STnEET LEAGUE SAC: MENTO, CA 95814 OF CAL [ F ORN I A re: (916) 658-8200 CITIES Ex: (916) 658-8240 W W W.CACITIES.ORG Please review this memo carefully. New procedures were adopted in 2006 regarding designation of voting delegates and alternates and voting at the Annual Conference. June 13, 2008 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 24-27, Long Beach The League's 2008 Annual Conference is scheduled for September 24-27 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting, scheduled for 8:30 a.m., September 27, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, your city may appoint up to two alternate voting delegates. In 2006, the ability to appoint up to two alternates was the result of approval of a League bylaws amendment that increased the number of voting delegate alternates from one to two. Please complete the attached Voting Delegate form and return it to the League's office no later than September 5, so that voting delegate/alternates records may be established prior to the conference. At the conference, voting delegate forms may be returned to the Voting Delegate Desk located in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the Business Meeting and in possession of voting card in order to cast a vote. Voting delegates and alternates -more- 419 LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 L'i OF CALIFORNIA www.cacities.org CITIES Annual Conference Voting Procedures 2008 Annual Conference One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. We encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they may receive a special stamp on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is not either a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the city's voting delegate and alternates wish to sit together, all should sign in at the Voting Delegate desk and obtain the special stamps on their badges. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. p E LEAGUE OF CALIF URNIA CITIES CITY: 2008 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by September 5, 2008. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternates wish to sit together at the Business Meeting, they are all encouraged to sign in at the Voting Desk in order to obtain the identifying stamp that will admit them to the special voting area. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. ATTEST (I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate.) Name: Phone: Title: Date: Please complete and return by September 5 to: League of California Cities ATTN: Mary McCullough 1400 K Street Sacramento, CA 95814 FAX: (916) 658-8240 AC2008V fingDelegateLct Am 4.21 o� o v 5 G i` or COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Continued Discussion of an Amendment to La Quinta Municipal Code Section 9.160.060 — Permitted Temporary Signs RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: During the Mayor and Council Member's Items section of the February 5, 2008 City Council meeting, Council Member Kirk stated the placement of political signs was inconsistent with code provisions relating to their placement just prior to elections (Attachment 1). Council Member Kirk requested the matter be placed on a future meeting agenda. At the May 20, 2008 City Council meeting, a study session was conducted regarding this matter. Following the discussion, Council Member Kirk requested the City Attorney research the City's ability to penalize flagrant abuses with stiff fines, and to consider a restriction of all temporary signs in the right-of-way except directional signs, including signs pointing the way to special events (Attachment 2). Staff reported back to the City Council at the June 17, 2008 meeting with legal counsel providing a memorandum which analyzed the prohibition of temporary signs with public right of way, use of directional signs, and the potential for increasing fines 422 for temporary signs in violation of the city's provisions. Council members discussed the memorandum and use of temporary signs and ultimately directed Planning Department staff to survey other communities and report back on their temporary sign provisions (Attachment 3). Planning staff reviewed temporary/political sign code provisions from nine southern California communities (Attachment 4). All of the communities allowed temporary/political signs though the provisions varied. Most of the communities provided limited restrictions regarding the placement of temporary/political signs. Of particular note is that three neighboring communities (Palm Desert, Indian Wells and Indio) were surveyed and all three prohibit the placement of temporary/political signs within public right of way. All communities surveyed provided for the placement of temporary/political signs on private property. FINDINGS AND ALTERNATIVES: 1. Direct staff to amend the Municipal Code; 2. Do not amend the Municipal Code; or 3. Provide staff with alternative direction. Respectfully submitted, Johnson ning Director Approved for submission by: �Gi"idlYr-� Thomas P. Genovese City Manager Attachments: 1. City Council Minutes - February 5, 2008 2. City Council Minutes — May 20, 2008 3. City Council Minutes — June 17, 2008 4. Survey of temporary sign requirements from other Cities 423 City Council Minutes 20 February 5, 2008 ATTACHMENT 1 MAYO"ND COUNCIL MEMBERS' ITEMS Council Member commented on the amount of correspondence receiv om Mr. Fredericks and Save La Quinta Neighborhood, and asked if theircomplaints are being addressed. City Man Genovese stated Code cement has been sent out. Mayor Adolph noted the City has no co over p e streets, but he talked to representatives from the Resort they have agreed r to resolve these issues. In response ouncil Member Sniff, City Attorney Jenson stated a prelims iniun as been upheld regarding Mr. Fredericks' use of the entrance gate. ««««««««««««« Council Member Kirk spoke regarding obnoxious political signs being placed on private property just prior to elections. He noted there is a five-day loophole in getting staff to deal with this issue, and he would like to know if there is any interest in trying to tighten the regulations. Council Member Sniff stated he feels the current ordinance is good, and doesn't see any need to change it. In response to Council Member Henderson, City Attorney Jenson confirmed the possibility of shortening the five-day process. Council Member Kirk requested it be brought back as a study session or business item. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California ij City Council Minutes 14 May 20, 2008 ; and stated it is very easy to jump on the bandwagi ATTACHMENT 2 ,after someone, however may be better names for this particular park. Council mber Henderson stated there are procedZ and is not in favor changing the procedures. In response to Co it Member Kirk, Community SHylton stated this issue is no ime sensitive and staff wobtain information on the civic IN vement of Mr. Allen Council Member Kirk stated he named Seeley Drive. on why the street is Mayor Adolph stated he kno s Mr. Allen ry well and his background; stated he has no objectio to naming the park ter him, but he no longer lives in the City; at d he was one of the fo ding members of the community and o way to honor him is to name a ark after him; and conveyed his s port in conducting research of Mr. Allen 's complishments and the na ' g of Seeley Drive. Co it Member Sniff stated it is a nice thing to honor people when tRey are atilI alive; and stated he has no objection with this going back to e Community Services Commission to research the accomplishments of Mr. Allen. No action was taken on this item. STUDY SESSION 1. DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 9.160.060 — PERMITTED TEMPORARY SIGNS. Planning Director Les Johnson presented the staff report. Council Member Kirk thanked City Attorney Jenson and Planning Director Johnson for compiling the staff report; stated the attorney's position is conservative because of first amendment rights; and questioned if the City of Indian Wells enforces a ban on temporary signs. City Attorney Jenson explained the City of Indian Wells has a ban on all temporary signs on the public right-of-way; stated the City cannot differentiate between the types of signs. 425 City Council Minutes 15 May 20, 2008 Council Member Kirk stated the City has a reasonably good sign ordinance, but it is abused just before the election; stated there is a strategy during the election which allows a large banner to be erected outside the public right-of- way and the property owner has five days to remove it from the date of the notice of violation. Council Member Sniff stated if people put up signs four days before the election, they will loose as 50% of the votes are absentee ballots. Council Member Kirk questioned if the City can give a one day notice requiring applicant to remove the sign. City Attorney Jenson stated the five days is an adjudicated due process, four days is closer to being risky and one day is virtually nothing, especially if giving written notices; and stated there must be reasonable time for someone to take steps to respond to the notice. Council Member Sniff suggested the City could notify people who take out the permit if the sign is in violation, it will be removed immediately. City Attorney Jenson stated if putting them on notice of violating the code, the City still has an issue with notice to private property owners.. Council Member Kirk stated a candidate who might pull a permit may argue the sign on private property is not his sign. Council Member Sniff stated what we have currently does a good job and doesn't see a need to change anything; and stated he doesn't take offense with the signs as long as they are removed after the election. Council Member Kirk stated he finds all the temporary signs distasteful and those placed illegally are the most distasteful; questioned if a penalty can be established, if he cannot obtain his objective. City Attorney Jenson stated the City can establish a fine but only across the board. Council Member Kirk questioned the City Council if there is any interest by the rest of the members in establishing a penalty. Council Member Henderson conveyed her agreement to looking at a method; stated staff would be placed in an awkward position because the penalty process would be quick. City Attorney Jenson explained the public is charged with knowledge and the notice of violation can indicate the violation is subject to a fine. Mayor Adolph stated he wished Council Member Kirk was on the City Council when they dealt with this many years ago; and conveyed his dislike of the temporary signs. 426 City Council Minutes 16 May 20, 2008 City Attorney Jenson questioned if there is any interest in banning temporary signs in the public right-of-way. Council Member Kirk stated he would be interested. Council Member Osborne questioned the definition of the public right-of-way. City Attorney Jenson stated the definition is established by the code. Council Member Henderson stated the reason the temporary sign ordinance was established is because the City has organizations and events that utilize them to bring patrons into the event area. City Attorney Jenson stated the City cannot differentiate between types of temporary signs. Council Member Henderson stated the City has already established to permit temporary directional signs, without the organization's name on it. Council Member Sniff stated he is not in favor of any changes. Council Member Osborne stated if there is a way to eliminate political signs in the right-of-way he would support it. Mayor Adolph stated the good news is that in our City, it is not abused. Council Member Kirk stated it is not clear there is a majority on the subject of how to deal with signs in the right-of-way; and requested the City Attorney to research if the City can penalize or restrict flagrant abuses of the temporary sign ordinance, revisit the issue of restricting all signs in the right- of-way, and allowing the directional signs that have been previously allowed to be posted. REPORTS AND INFORMATIONAL ITEMS CVAG Homelessness Committee — Council Member Osborne reported on the west service center, and stated the formula requested by CVAG includes $50,000 per year for the next 30 years but did not address the operational cost; have established a formula for the cities to contribute; concern about how other cities will be able to fund their portion; maybe strictly a Riverside County project as it may be a challenge for some cities in the Valley to contribute; and stated the City of La Quints should provide support for the homeless as there are homeless in the City and some support on a long-term basis for the eastern facilities. CVAG Human and Community Resources Committee — Council Member Osborne reported the Housing Summit will be held on June 19, 2008 at the Ague Caliente Resort Spa Casino. 4 ? 7 City Council Minutes 13 June 17, 2008 ATTACHMENT 3 A RESOLUTION NO. 2008-042 IN OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CERTIFYING THE FINDINGS OF A FINAL ENVIRONMENT IMPACT PORT 2005-560 (STATE CLEARINGHOUSE #20070 01 PREPARED R TENTATIVE TRACT MAP 33848 AS BEING QUATE AND COMP L E. AND RECOGNIZING IF CAN; ADVERSE ENVIRONMENTAL PACTS WHICH CAN BE REASONAB MITIGATED TO A LEVEL OF IN NIFICANCE IF THE PROPPI46 PROJECT IS IMPLEMENTED (DAVID MAN DESIGNS). It was moved by Council Mem rs Honda n/Sniff to adopt Resolution No. 2008-042 as submitted. Motion c ie -1-0 with Council Member Osborne dissenting. RESOLUT NO. 08-043 A RESOLUTION OF CITY COUNCIL O THE CITY OF LA QUINTA, CALIFORNIA, G ING APPROVAL OF THE BDIVISION OF A 4.8t ACRE PARCE 0 121 LOTS LOCATED ON THE ikWTH SIDE OF AVENUE 58 APPR9XIMATELY 510 FEET WEST OF MONROE REST (TENTATIVE TRACTAIMAP 33848 - DAVID MAMAN DESIGNS). I,01�was moved by Council Members Henderson/Sniff to adopt Re'sqlution No. 2008-043 as submitted. Motion carried 4-1-0 with Council Member sborne dissenting. STUDY SESSION 1. CONTINUED DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 9.160.060 - PERMITTED TEMPORARY SIGNS. Planning Director Johnson presented the staff report. City Attorney Jenson gave a supplement report on fines associated to infractions of the code pertaining to permitted temporary signs. She stated the Council has the ability to increase the fines and establish the violations as misdemeanors. She suggested the fine levels may need to be adjusted. She advised all signs in the public right-of-way can be banned, but less than a total ban is more legally complicated; allowing a certain number of signs is content neutral and easy to defend. She stated directional signs are exempt, but explained signs used in the right-of-way for events such as the La Quinta Arts Festival do not qualify as directional signs because they advertise the 4)g City Council Minutes 14 June 17, 2008 event. Planning Director Johnson stated the event signs have been handled under a temporary sign permit in association with the temporary use permit. Council Member Henderson asked if the signs used for the event could be mixed with some having only arrows. City Attorney Jenson stated a sign with only an arrow might qualify as a directional sign, but it is still associated with an event. She stated the issue at hand is whether or not the City can differentiate by banning all signs in the right-of-way, including political signs, yet allow the entry signs to events on a temporary basis; that gets into content that requires strict scrutiny and is very problematic. She explained it would be problematic to place a ban on political signs if there are exceptions. In response to Council Member Kirk, Planning Director Johnson stated polling signs are temporary signs, but to his knowledge the City has not issued a temporary sign permit for them nor taken any type of enforcement action. Council Member Kirk asked about changing the definition of directional signs to include special events. City Attorney Jenson noted directional signs are completely exempt, so the question would be if the Council wants special event signs to be completely exempt. She further noted allowing a category of signs could be an issue if they include what many consider advertising. Council Member Kirk questioned there being a risk in expanding the definition to include special events where traffic control can be an issue. He asked what the remedy would be if someone filed a lawsuit. City Attorney Jenson stated if they are successful, the City could be held liable for their attorney's fees and this is the type of case that would normally involve injunctions. Council Member Kirk asked if she reviewed what other cities in the State do, to which she responded, "No." In response to Council Member Kirk, Planning Director Johnson stated the City of Indian Wells prohibits temporary signs, but he does not know if it has ever been challenged. He suggested the possibility of creating provisions within the sign code that are definitive to special event directional signage associated with a temporary use sign application. He confirmed Indian Wells has directional signs for their special events. In response to Council Member Henderson, Planning Director Johnson stated the sign would have some reference to the name of the event with an arrow. He noted a majority of the La Quinta Arts Festival signs are not directional, and are erected in advance to advertise the event. Council Member Sniff stated he is not opposed to temporary signs, and noted they are up for just a short period of time. He feels the current process is effective, and has no desire to change the code. 42g City Council Minutes 15 June 17, 2008 Council Member Kirk asked how the other Council Members feel about this issue because it is not cost effective for the City Attorney to pursue it if only one or two Council Members have a concern about it. Mayor Adolph stated he is totally opposed to allowing political signs. Council Member Osborne stated it sounds like a simple idea with a complicated solution, and he does not see a need to pursue something that only lasts two months every two years. Council Member Henderson stated she is not opposed to a continuing discussion on this matter, but is not sure how much more work the Council wants the City Attorney and staff to do on this. Council Member Kirk suggested having the Planning Department survey other higher -end communities on this issue instead of spending more money for legal analysis. He feels a simpler solution probably exists. Council Member Henderson noted a solution may be to make a City special event directional sign, similar to what the City does for garage sales. Council concurred with Council Member Kirk's suggestion that the Planning Department survey other higher -end communities to see how they have dealt with this issue. REPORTS AND INFORMATIONAL ITEMS CVAG C. V. Conservation Commission — Council Member Sniff reported the Commission re-elected the Chair and Vice Chair, approved an acquisition and procedures policy, and adopted a resolution regarding appointment of an executive director. They also discussed establishing a fee for the policy, and started a process to potentially arrive at an agreement for the City of Desert Hot Springs to become re -involved. C. V. Mosquito & Vector Control District — Council Member Henderson reported local property taxes will be reduced by $5.25 due to a reduction in the District's fee. Santa Rosa/San Jacinto National Monument Advisory Committee — Council Member Henderson reported maps of the Monument will be available at City Hall once they are printed. 4.q p ATTACHMENT 4 00 U N U m m > y >m C C � C � O d d m '0 .4 C C O O n m w m m m c o c o E m q > m a a y m m m d > m > m m C_ C � U w N y 3' o U 0 m O >i .9' o O O m % N T 2 Z E n > ? m a a >, w >, w E U° a o v a m n n a a0 n O O o p C o c c >c c8 I °E c°c c nm c 7 a n2 o 15 O woO O Z >, q m « p N m v W m u d O c o w >. dIL y m y > m a m e w m c c m �' C o m o m o 0 e Mt E N in E o f c gi c aoi m n m °' a ,°.� c w cmi d m (9 E o E o t «a c y a d ` m o m a w .� .q t r w m N q o` Um) n w q m t a a o 0 n ��o c m w m Z m Z m Q N m E w y C y y L y V m m cwi q c a E a m y N w E in a 'm c� J a v in-5 ii� 2 N � a -0 IL cc U W W N Q o n a a IL m m y m y L ' C 15 C 0 N m w m w W `0 3 g o d u d o y u' o o 0 o 0 0 0 0 0 lz C7t:w }o-z z z z z z z z EyEN O 0 W n W yy m my } } d d d d d W 3 3 3 3 3 3 3 d 3 .m v a R ° 2 G ¢ ' ¢ ° 0 C G a a` 2 ¢ ¢ a ¢ v m o n m a m a m> a > a > a> a a > 2 > a > Z a` a` a` a` a` o` k a' a' e m m m o o r C 3 0 $ m �—m a o f -2z a _qeq ,c m> E m c O 2 E yv d C a U 431 REPORTS/INFORMATIONAL ITEM: / 9 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 4, 2008 10:04 a.m. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:04 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members present: Jason Arnold, Bill Bobbitt, and Ronald Fitzpatrick. C. Staff present: Planning Manager David Sawyer, Principal Planner Stan Sawa, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of March 19, 2008. It was moved and seconded by Committee Members Fitzpatrick/Bobbitt to approve the minutes with the following correction: Under Discussion of the new logo, Page 7, change line three from "marking" purposes to "marketing" purposes. Unanimously approved. 432 Architecture & Landscape Review Committee Minutes June 4, 2008 V. BUSINESS ITEMS: Final Landscape Plans 2008-036; a request of Apple Properties, LLC for consideration of site area landscaping plans for Applebee's Restaurant, at 45-305 Seeley Drive. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member Fitzpatrick said the report shows the conditions of approval have been met. He asked staff if they would explain what those conditions were. Planning Manager David Sawyer said the staff report indicated staff had gone through the plan check process and checked all the items previously recommended. Staff found all the items were in compliance with the recommendations. He said he would be more than happy to go over any particular item in detail if the Commissioner had a concern or questions. Committee Member Fitzpatrick said with so many projects coming to the Committee, it would be helpful to have those conditions outlined in the report. Planning Manager David Sawyer replied the purpose of the staff reports, particularly with the final landscaping plans was to focus in on consistency with complying with the conditions of approval. Rather than go through each condition, he was directing staff to point out the specific conditions that are pertinent to the application. This report addressed six of those conditions. Committee Member Fitzpatrick asked if staff was satisfied the conditions were met. Staff replied they were. Planning Manager David Sawyer said they would be happy to go over the conditions to help the Committee members understand them better. Committee Member Fitzpatrick said he was just wondering, for his own edification, to be able to see those conditions were met. 433 Architecture & Landscape Review Committee Minutes June 4, 2008 Committee Member Bobbitt said this item was brought before the Committee previous to the appointment of Members Arnold and Fitzpatrick. There were a few changes in plant items and as long as they had been completed he had no concerns. Committee Member Fitzpatrick mentioned somebody said this was a carry over. Committee Member Bobbitt said this was in the corner of the parking lot of the hotel and blends in with it. There is not really a lot of landscaping, but the applicant has complied with the Committee's recommendations. He then complimented the applicant on a good overall plan. Committee Member Arnold said the plans were simple and it was easy to determine they followed the plans. Committee Member Fitzpatrick asked if there had been any community involvement. Planning Manager David Sawyer said it is not a code requirement, but applicants are strongly encouraged to have such a meeting, mainly when the project is in an area of residential development. This project is in a commercial corridor and there really wouldn't be that emphasis. However, applicants with commercial projects abutting a residential area are strongly urged to hold meetings with the neighbors. Most applicants comply with that knowing that's a good thing to do early on in the process. Applicant's representative, Deborah Kerr, Kerr Project Services, said they have been very proactive about that, but it was not necessary in this particular location. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Arnold to adopt Minute Motion 2008- 014, recommending approval of Final Landscape Plans 2008-036, as recommended. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None 434 Architecture & Landscape Review Committee Minutes June 4, 2008 VII. COMMITTEE MEMBER ITEMS: Stamped Plans: Committee Member Fitzpatrick had a comment about the Licensed Architect's stamp. He said the stamp on these plans is the correct one as it has the renewal date on it. He has noticed, on previously stamped plans, the renewal date has not always been included. Staff replied they will look for the correct stamps on future plans. They are currently working with all applicable departments on setting up new and complete procedures for processing these types of plans. Request for Complete Submission: Committee Member Fitzpatrick commented some projects, have come back to the Committee after previous committee members are gone. The current members do not know what conditions were imposed on the original application and he would like to see a scaled down version of what goes to the Planning Commission. This way he would know what the project was to look like, even though he did not previously review it. He gave the example of the rendering of the SilverRock project printed in the local paper. Committee Member Bobbitt commented on what was presented before the Committee on SilverRock. He said the ALRC does not review City work. Committee Member Fitzpatrick said the report presented to the Committee should be a complete presentation so they can see, and understand, what will go before the Planning Commission. Committee Member Bobbitt gave an example of the median islands on Avenue 54 and expanded further on the types of projects the Committee does and does not review. Committee Member Fitzpatrick said the narrative was great on the Applebee's project, but he would have preferred seeing some building elevations. Committee Member Bobbitt said the elevations were included in the original submission. 435 Architecture & Landscape Review Committee Minutes June 4, 2008 Committee Member Fitzpatrick commented the submittal guidelines had been previously discussed. He suggested the presentation be added to the guidelines as it makes it easier to visualize what will be done on the plans. He would like to see the actual picture of the project. Committee Member Arnold said it would be helpful if they could see a complete picture of what was being built. Committee Member Fitzpatrick emphasized the final presentation should be included so the Committee could visualize how the landscaping would work within the whole project. He said it was difficult to make decisions on a project from a narrative without visuals. He suggested visuals should be included in the submission guidelines. General discussion followed regarding some of the commercial architecture already approved in the City. Committee Member Fitzpatrick asked what staff's feelings were regarding guidelines. Planning Manager Sawyer said that was what staff had intended to do with the application review. From a staff's point of view certain items are requested and if not received, the applicant is asked to bring in the required items needed. Staff is trying to be sensitive to the market, so they do some preliminary review while working on traffic studies. Staff tries to work with the developers to get their applications started and to obtain the correct materials for processing. Some developers who are used to certain procedures will have to be re-educated on any adjustments and staff needs to be willing to take things in and work with them. Committee Member Bobbitt said the approval process was part of the reason this Committee was created. It was formerly the Design Review Board with seven members. Developers complained they were hitting a stone wall and there were so many complaints they wouldn't want to go before the Review Board. The Board was disbanded and developers went directly to the Planning Commission. Committee Member Fitzpatrick asked if that improved the situation. Committee Member Bobbitt said it sped things up. 43,6 Architecture & Landscape Review Committee Minutes June 4, 2008 Committee Member Bobbitt added things don't come back to ALRC as it is just a recommending body. The City wanted to be developer - friendly and keep things rolling. As the economy tightens up it makes it more difficult for the developers and they are more reticent to process applications. Developers work in different cities and make comparisons. Planning Manager David Sawyer said the City's goal is to facilitate applications so the developer can get the reviews they need and get them through the process efficiently. Committee Member Bobbitt brought up the example of a senior housing project on Avenue 50 and Washington Street which was improperly prepared. The architect came from Texas with a basic plan. It looked like a penal institution and the Committee said they were going to recommend against it. Then the Committee never heard anything further. Planning Manager David Sawyer said staff had just been contacted by that developer who is planning to resubmit the project taking into account the Committee's comments. They hired three designers to prepare different alternatives and were working on a final re -submittal. He said the City staff tries to work with developers and at the same time get the appropriate information to the Committee, as the decision makers. Committee Member Bobbitt said a key element to remember, when approving a project, is if the project seems to be controversial Council is going to pay a little more attention to it. He used to assume if a project went through the Planning Department the Committee should just be looking at it for landscaping. He has since learned, by the meetings held with the Council annually, apparently the City Council feels the Committee should look at it as closely as the Planning Commission. He referenced the history of the Arnold Palmer restaurant project. Committee Member Fitzpatrick said some of his questions were because he was a new Committee member. He added some of the preliminary reports, such as the EIR, are helpful in understanding the project better since ordinarily the Committee looks at only a portion of the project. 4J Architecture & Landscape Review Committee Minutes June 4, 2008 Planning Manager David Sawyer said the Committee should keep in mind their charge is architecture and landscape. When it goes to the Planning Commission they look at land use, public comments, etc. It does not mean the Committee should have blinders on, but the primary focus is design, architecture and landscaping, and additional issues which reflect on the Committee's decision. Committee Member Bobbitt said some times it is hard to put your finger on exactly what the issue is. More recently, he commented on the Blend restaurant plans, their pedestrian -friendly design, and how the whole design worked. Committee Member Fitzpatrick added it is important to look at whether the design is compatible with surrounding properties. Committee Member Bobbitt said you need to look at the overall project including what is on the property, and what is around it. It helps to have this reference. Planning Manager David Sawyer said the Committee Members have made some really good comments, in the past, on whether the projects blend in or not. It has been part of the recommendation made to the Planning Commission. Committee Member Fitzpatrick said he is having a problem following up on some of the ALRC approved projects. He had gone on-line to the City's calendar, but was unable to figure out which meeting he should check. He would like to request staff report back to the Committee on what happened to approved projects such as The Blend. Planning Manager David Sawyer commended 'him for his efforts and said staff would look at ways to get the Committee some feedback on a regular basis. He then reported the Blend applicant had decided not to go forward with the architectural changes. He would only be re- roofing and incorporating changes which were under the threshold of what the Committee would review. Committee Member Arnold said every business has a bottom line and when expenses are too high they have to consider cost factors. Planning Manager David Sawyer said staff would work on putting follow-up items on the ALRC agenda, but he did caution that if the item does not go to the Planning Commission there would be no way 438 Architecture & Landscape Review Committee Minutes June 4, 2008 to track the outcome. He added if the Committee Members had specific questions they can always ask. Committee Member Arnold said he wondered if the comments made by the Committee were implemented. Committee Member Bobbitt suggested the Committee Members make comments when they meet with the Council each year. He said the Council pays close attention to comments on items such as plant materials. Planning Manager David Sawyer said applicants and the Planning Commission take their suggestions very seriously since the Committee Members have technical expertise. Committee Member Bobbitt said it would be interesting to know what the Planning Commission does with those suggestions. Committee Member Bobbitt's Last Meeting: Committee Member Bobbitt said he very much enjoyed being on the Committee for the last ten years. He added he especially enjoyed working with all the staff. It has been a real learning process to see how things work and how cities go about things. He added it has been very interesting watching how the City has grown. Committee Member Arnold commented that as he is still new to the Committee, Committee Member Bobbitt has always been very helpful. Committee Member Fitzpatrick said he appreciated all of Committee Member Bobbitt's assistance. Committee Member Bobbitt said if they continue to ask a lot of good questions they'll be fine. Planning Manager David Sawyer also wanted to express his appreciation to Committee Member Bobbitt for being the cornerstone of the Committee for the last ten years. Principal Planner Stan Sawa said he echoed the Planning Manager's comments and said Committee Member Bobbitt did a wonderful job. 439 Architecture & Landscape Review Committee Minutes June 4, 2008 City Projects: Committee Member Bobbitt asked why the ALRC doesn't review City projects and asked if the Planning Commission is involved with the approval of City projects; especially medians. Planning Manager David Sawyer said the Planning Commission reviews some of the medians and others they do not. If the project requires a Conditional Use Permit (CUP) or Specific Plan (SP) the Planning Commission looks at them. Technically, they would also go through the ALRC. There are just not that many City projects that require that. Committee Member Fitzpatrick commented on the City Hall project and said it was a very nice building. He asked who had approved the City Hall project. Staff replied the City Council approved the overall design and then various departments issued their respective permits and approvals. Committee Member Arnold asked who reviewed the landscape plans. Principal Planner Stan Sawa said the landscape plans were reviewed by the Director of Public Works, as well as the Building and Planning Directors. Training: Committee Member Bobbitt said the City sent him to a couple of training sessions a few years ago and they were very interesting. The topics included environmental planning and impact and they were very helpful because the Committee Members could understand how the staff looked at things. He recommended the other members inquire about training classes. Staff said they would look into available classes and get back to the Committee on what was available. Committee Member Arnold asked about a class on the Brown Act. Committee Member Bobbitt said any elected or appointed official must have ethics training and classes on the Brown Act. He explained some of the ramifications of not having this training. 440 Architecture & Landscape Review Committee Minutes June 4, 2008 Staff said they would follow-up and make sure the members get the proper training. New Committee Members: Committee Member Bobbitt asked if there was any information on the new committee members. Committee Member Arnold asked if staff knew the date Council would be appointing the new member. Staff was unsure of the date but said they would advise the members of the date. Committee Member Arnold asked about the procedure for re -applying for the Committee when their term ends. Committee Member Bobbitt gave him an overview of the procedures. Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Arnold to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on July 2, 2008. This meeting was adjourned at 10:56 a.m. on June 4, 2008. Respectfully submitted, CAROLYN WALKER Executive Secretary 44 P REPORTS/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 15, 2008 F14.1no This meeting of the Historic Preservation Commission was called to order by Commissioner Puente at 3:02 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Sharp, Wright, and Chairman Wilbur Absent: None Staff Present: Planning Manager David Sawyer, Principal Planner Stan Sawa, Associate Planner Jay Wuu, and Secretary Monika Radeva. Il. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Redmon/Sharp to approve the minutes of April 17, 2008, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Archaeological Testing and Evaluation Report Of Site CA-RIV-8835 (33- 16950) Applicant: Sobel Enterprises (Brad Sobel) Archaeological Consultant: CRM TECH (Michael Hogan, Principal) 442 Historic Preservation Commission May 15, 2008 Location: Northeast Corner of Highway 111 and Dune Palms Road. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Applicant Brad Sobel and Consultant Michael Hobel were introduced. Commissioner Redmon referred to the Management Summary section of the Interim Cultural Resources Report: "the final evaluation of the site cannot be fully determined without the results of the laboratory analyses of the artifacts and ecofacts recovered..." and asked how long the results of the analyses would take because based on the staff report the results were immediately connected to the issuance of the first building permit. Consultant Michael Hogan replied CRM TECH would be completing the analysis this week and would begin working on the final report, which would be completed within a month or less. Principal Planner Stan Sawa stated the Planning Department was currently processing the application and would be ready to present it to the Planning Commission and City Council no sooner than a month. Commissioner Sharp asked if the age of the recovered cremation had been determined. Mr. Hogan stated that the cremation found on the site was not intact. In fact it had been previously disturbed and the remains had been scattered. Commissioner Wright asked if the tribe had been notified that a cremation had been found. Staff said the tribe had been informed. Mr. Hogan specified the tribe had a monitor on -site while his team was removing the remains. Commissioner Wright asked if the consultant was recommending additional testing on the site. Mr. Hogan replied he would not recommend any more testing. Commissioner Wright commented on the valuable expertise Mr. Hogan has in this area and stated he would be in favor of moving forward with the project with monitoring as recommended by staff. Commissioner Puente asked if the remains were found on the surface or if they were buried. Mr. Hogan replied the remains were found mostly on the surface within the first 20 centimeters. 443 Historic Preservation Commission May 15, 2008 Commissioner Puente asked for clarification on the type of remains found. Mr. Hogan clarified that it was a cremation pit with a possible turtle shell artifact used as a rattle. Commissioner Puente asked if the recovered artifacts would be located at the new museum or somewhere else in Riverside. Staff replied the artifacts, other than any human remains, would be curated at the La Quinta museum. There being no further comments it was moved and seconded by Commissioners Wright/Redmon to approve Minute Motion 2008-002 accepting the interim Archaeological Testing and Evaluation Report of Site CA- RIV-8835 (33-16950) as submitted. Unanimously approved. B. City Historic Context Statement Review Applicant: City of La Quinta Consultant: City Staff Location: City-wide Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Puente inquired about the schedule of completion for the Historic Context Statement. Staff replied that the schedule would be followed as closely as possible and the City Historic Context Statement Review would be presented to the Commission for review and approval in parts based on its structure. The first part of the review was the Introduction and Prehistory and Early Settlement. The Resort Industry and Village and Cove Development contexts would follow. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: Commissioner Wright mentioned that the Commission always goes dark one month during the summer, but it hasn't been determined yet, which month. Planning Manager David Sawyer stated the City Council would be dark the second meeting in August. Commissioner Wright said he would be out of town during the month of July. Planning Manager David Sawyer talked about the new regulations adopted by City Council regarding Commission attendance, which allowed only two absences per fiscal year. A third absence would automatically remove a Commissioner from his/her Commission position by order of the City Ordinance 446. He mentioned a memo was being drafted for all the Commissions as a reminder of the ordnance. 444 Historic Preservation Commission May 15, 2008 Commissioner Wright commented these regulations were in line with those adopted by other Commissions he has been on. He suggested an attendance update be included in the monthly packets to help keep track of absences. Discussion the summer schedule followed. It was unanimously decided to go dark the month of July. Commissioner Puente inquired about the scheduled meeting dates for June and August. Staff replied the dates were June 19`" and August 21'. Commissioner Puente stated she would not be attending the meeting in June because she would be out of the country, but she would be back for the meeting in August. There being no further business, it was moved and seconded by Commissioners Redmon/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on June 19, 2008. This meeting of the Historic Preservation Commission was adjourned at 2:23 p.m. It was moved and seconded by Commissioner Redmon/Wright to rescind the motion to adjourn as the Commission failed to discuss the Historic Preservation Conference in Napa. Commissioner Redmon commented on the classes and workshops offered, which she found to be very interesting and resourceful. Planning Manager Sawyer stated for the record Chairman Wilbur had arrived at the meeting. Commissioner Wright said he found the Conference to be very helpful as well. He mentioned that the Conference next year would be in Palm Springs, which would eliminate any travel expenses and would allow them to attend a lot more workshops. Commissioner Wright added that one of the most important events during these conferences is the final networking event, which the Commission is normally not a part of. He would like to ask Council for permission to attend that final event next year as that would be the perfect place to try to promote the historical district in the Cove and get some excellent ideas as to what would be the best way to approach that. Commissioner Wright mentioned that he and Commissioner Redmon had spoken with Cindy Heitzman, Executive Director of the California Preservation Foundation, at the Conference. She plans to visit the Coachella Valley in a few weeks and they 445 Historic Preservation Commission May 15, 2008 plan to give her a tour of the historic places in La Quinta. He said he had spoken to a lot of people who showed interest in the La Quinta Resort and the Traditions development. Commissioner Redmon said the people she spoke to were aware of the historic public buildings in Palm Springs, but knew nothing of the historic significance of the rest of the Coachella Valley. Commissioner Wright commented on the Grand Opening of the new La Quinta Museum scheduled for Saturday, May 24' from 2:00 p.m. until 4:00 p.m. and emphasized the importance of the Commissioners' attendance. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Puente to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on June 19, 2008. This meeting of the Historic Preservation Commission was adjourned at 3:35 p.m. Unanimously approved. Submitted Monika R; Secretary 44p REPORTS/INFORMATIONAL ITEM: a- I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 27, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: None. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Attorney Glenn Worthington, Principal Planner Andy Mogensen, Assistant Planners Eric Ceja and Yvonne Franco, and Executive Secretary Carolyn Walker. PUBLIC COMMENT: None IL PRESENTATION: None. III. CONFIRMATION OF THE AGENDA: Chairman Alderson requested two Commissioner Items be added; Item C - Capital Improvement Program, and Item D - Council call up of Village Use Permit 2007-039. It was moved and seconded by Commissioners Barrows/Wilkinson approve the Agenda as amended. V. CONSENT ITEMS: A. Chairman Ed Alderson asked if there were any changes to the Minutes of April 22, 2008. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. 447 Planning Commission Minutes May 27, 2008 VI. PUBLIC HEARINGS: A. Village Use Permit 2005-032 Extension No. 1; a request of Nispero Properties, Inc. for consideration of a One -Year Time Extension for Construction of a ± 19,433 Square Foot Two -Story Office Building, Located in the La Quinta Village. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked about on -street parking and separation from sidewalks. He didn't see those two items and thought they had been included as conditions in the original approval. He said he remembered a streetscape where the sidewalk pulled somewhat away from the curb and allowed the planting of shade trees. Planning Director Johnson said he did remember the discussion of the condition. He didn't know if those conditions were reflected in the current plans. However, he commented during the building plan check they would make sure all the conditions were adhered to. These may not necessarily represent the most current proposal. These are similar to the original plans. Commissioner Quill asked if there was an applicant representative in the audience and was told there was not. Commissioner Quill reconfirmed these plans had not been modified yet. Staff replied they would be modified in the final process. Commissioner Quill asked if they could make similar recommendations as to those made in the first approval. Staff said they would already be part of the record. Planning Director Johnson said the Commissioners could recommend specific items or continue the item and staff would research the previous meeting. Commissioner Quill said the applicant had not been adverse to those conditions. Staff replied you could add "as previously conditioned" in the motion to approve. Commissioner Quill said he did not remember what was previously approved. Staff said the item could be continued if there was a problem. Commissioner Barrows said it looked as though the sidewalk was next to the curb in opposition to what Commissioner Quill had suggested. 448 PAReports - CC\2008\7-15-08\PC Minutes 5-27-08_Final.doc Planning Commission Minutes May 27, 2008 Chairman Alderson said we would have to verify those conditions be met. Staff replied the recommendation would have to go to the Council for an extension, as they are the final authority and staff could be directed to make sure the record was correct. Commissioner Quill said since this was an extension of time it would not be an issue in extending the approval for two weeks. The Commission could ask for the continuance and it would not be a major burden to the applicant. Staff replied that was not a problem. Commissioner Wilkinson said he noticed there was a water feature and was concerned with its size. It appeared larger than what was is normally considered acceptable. Planning Director Johnson said as long as the time extension is granted they would still follow the original approval criteria unless conditioned otherwise. Commissioner Quill asked if conditions or modifications could be added if it was deemed appropriate. Staff replied, since this was a time extension, there was the potential for certain conditions to be revisited. Assistant City Attorney Michael Houston said Tract Map Extensions could only be approved or denied but could not include new conditions. This was not the case for a Village Use Permit and conditions could be added. He included this information for future clarification. Chairman Alderson wanted to verify the Commission was considering a continuation of two weeks while the original conditions of approval were verified and to consider any changes to the fountain per Commissioner Wilkinson's comments. Commissioner Quill said regardless of the conditions he would like to pull the minutes from that original meeting as a reminder of what was decided. Planning Director Les Johnson said staff would research the original approval and include a copy of the minutes from that meeting for the next meeting. Chairman Alderson said since time is not of the essence he would like to see this matter cleaned up before it goes to Council for approval. Commissioner Barrows wanted to clarify she would be supportive of Commissioner Wilkinson's suggestion about the water feature. She referenced to Condition No. 38, which referred to the landscaping plans. 449 Planning Commission Minutes May 27, 2008 She added if those still needed to be submitted to the Planning Department and CVWD, it would be based upon the time the approval was made. Planning Director Johnson said with regards to the water feature it was a city -imposed feature, but CVWD would look at these with the new criteria. CVWD's provisions have changed and they may be more stringent. Commissioner Barrows asked if they had gone through the CVWD plan check process and staff replied no as far as they knew. Commissioner Barrows asked if there were bicycle racks in this project. She said that is a feature that should be encouraged. Commissioner Quill said that subject had been discussed in the original meeting. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being none, he asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said they do like the building but made a motion to continue the item for two weeks to allow staff more time to research this project and the prior approval. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to continued Village Use Permit 2005-032, Extension No. 1, to the meeting of June 10, 2008. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. B. Sign Application 2003-735 Amendment No. 3; a request of PD Sign Company for La Quinta Valley Plaza for consideration of a Sign Program Amendment for Permanent Business Signage for La Quinta Valley Plaza located on the north side of Highway 111 between approximately 100 feet from Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Planning Department. 450 Planning Commission Minutes May 27, 2008 Chairman Alderson asked if there were any questions of staff. Commissioner Engle asked if the panels were only in red panels or did the color vary. He also asked if the change was only for the monument. Assistant Planner Franco referred to the exhibit and said it was just for the cabinet. She said the applicant originally asked for eight signs but staff recommended six. Commissioner Barrows asked if the monument sign allowed for the placement of the center name and three tenants signs on each side for a total of six as referenced in Attachment 3. Staff replied yes. Planning Director Johnson referred to the Power Point slide which showed six of those proposed instead of eight and the upper two would be a smaller size and the center id would remain. Chairman Alderson asked if there was an example of what staff proposed. Planning Director Johnson replied they did not have an exhibit but staff was recommending the plaza id be put on the top and six tenant signs be included on each side instead of eight. Commissioner Barrows wanted to clarify there were six tenants total on each side. Staff replied that was correct. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr.Tad Black with Sign-a-rama located at 41-945 Boardwalk Street, Palm Desert, introduced himself and said he was available to answer any questions. Chairman Alderson asked if he had any comments regarding the presentation. Mr. Black commented the Center's interior clients have no visibility and need to have their names added to the monument sign. Commissioner Wilkinson asked if the monument was limited to six tenant signs was it really necessary for the Center id to utilize two sign spaces. Mr. Black said not all tenants would be able to have their information on the monument sign. It would dramatically increase the visibility of the monument sign that is currently there. Ultimately they are looking for all the tenants to be included on the sign, but that was not staff's recommendation. 451 Planning Commission Minutes May 27, 2008 Commissioner Wilkinson asked if the intent of the sign was not to allow all of the tenants to have their name on the sign. Mr. Black replied that was correct. Chairman Alderson said he had a couple of observations which were: 11. The monument sign was very hard to read. He had discussed this with staff and asked them if there was any way more signage could be added. He said if there was anything the City could do to help they should do it. 2) He did not think they should remove the "Valley Plaza" name because people want to identify it as a location. He asked staff if there was any way to help this applicant create a better and more functional sign to help promote this commercial center better than the current proposal. Commissioner Engle said the reason the "Valley Plaza" portion of the sign was difficult to read was because the spacing was too tight and there was not enough contrast. He suggested the applicant set the identification on top and add more space to the letter. You would then have a better picture of the "Valley Plaza" identification. He agreed the tenants, in that center, needed the exposure. He said it was good there was a little variation in color as it made the names stand out. Chairman Alderson asked if the individual tenant letters were current as large as the code allowed. Mr. Black said on the current sign cabinet would have to be re -configured to accommodate larger individual panels. The design is requested to be a little more consistent, but the tenants would be very open to have more color. Even if they were smaller they would be more visible. Chairman Alderson asked if there was any reason why the Valley Plaza monument sign could not be on the masonry column, adjacent to the sign structure, and use the sign for the tenants only. Planning Director Johnson said the code does limit the sign to 50 square feet per side. The sign face excluding the decorative stone trim is at 50 square feet or close to it. If it were added to the stone it would exceed the limit. Commissioner Quill asked if the 50 square foot maximum was because they did not have a sign program. He also wanted to ask if the Commission could make modifications to this limit. Staff replied the 50 square foot maximum, for monument signs, has been strictly adhered to. 452 Planning Commission Minutes May 27, 2008 Chairman Alderson said he recalled the Commission had given applicants tremendous allowance for overage on some of the sign boxes previously brought before them. Staff said allowances have been made for corporate signs, but the monument sign requirements have been strictly adhered to. Commissioner Engle asked the applicant if it was imperative to have the "Valley Plaza" portion of the sign illuminated. Mr. Black said no. Commissioner Engle suggested the applicant put some flat cut out letter below the cornice and just put it on top. That way the Center would get its identification everything else could be lit and you could offer that exposure. Mr. Black asked if he meant in a lighter color. Commissioner Engle said put it in a contrasting color, space it, contrast it, and it would be easier to read. It would appear the landlord would probably make an allowance for more signage since he wants the tenants to be successful. Commissioner Engle said if you just put something on top, just below that cornice up on top and just some individual letters to identify the center. It is imperative to keep the color consistency and he pointed to Papa Dan's and Club Achilles as examples. Chairman Alderson reiterated what Commissioner Engle had said in that he proposed take the "Valley Plaza" lettering, clean it up and make it more distinctive, remove the logo above, slide it up to the top of the sign then take the area remaining and put in six tenant signs as large as the Code would allow. Commissioner Engle said that was correct. He said he would just "scrap" the Valley Plaza ID; unless the landlord needed it. He referred to the portion that says "La Quinta" and said that type of letter is a flat cut out letter. He said scrap "Valley Plaza". Get rid of that and use the words "La Quinta". You could put "La Quinta Valley Plaza" all the way across the top and what they'll do is make that portion down below the new type of lettering. The tenant panels would have a variation of color. Commissioner Engle asked if they were going to change the monument sign on Corporate Drive. Mr. Black said there was currently no plans to change that sign. Chairman Alderson asked if the sign contractor was available. Mr. Black said that was him. 453 Planning Commission Minutes May 27, 2008 Chairman Alderson asked if staff had any problems with any of the suggestions. Staff said no, as long as they stay within the allowable square footage. Chairman Alderson asked if there were any more applicant representatives or comments. There being none, he asked if there was any public comment. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Engle said to keep the sign low maintenance, the background color should be consistent for all the tenants much as possible. There being no further discussion, it was moved and seconded by Commissioners Barrows/Engle to approve Minute Motion 2008-011 approving Sign Application 2003-735, Amendment No. 3, as amended: a. Background colors be consistent for all tenants. b. Use flat letters for La Quinta Valley Plaza C. Put the corporate identification at the top of the sign d. Use better spacing for the corporate identification Unanimously approved. C. Environmental Impact Report 2005-560 and Tentative Tract Map 33848; a request of David Maman Designs for consideration of a Draft Environmental Impact Report (SCH#2007021060) and Subdivision of 4.8± Acres into 12 Single -Family Residential and Miscellaneous Lots, Located on the south side of Avenue 58, approximately 510 feet west of Monroe Street. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. 454 Planning Commission Minutes May 27, 2008 Commissioner Quill had questions of staff regarding how the applicant was dealing with the differences in grading levels between the two subdivisions. He also asked if staff had the previous drainage plans. Staff replied the largest difference would be one to one -and -a -half feet. If this tract is constructed after Tentative Tract 33717, the applicant would have to deal with the retaining wall. Commissioner Quill asked if there would be a slope easement issue. Staff replied said this is a condition found on other projects. This is not a substantial difference. Chairman Alderson asked which was higher. Staff said this tract was higher. Commissioner Quill asked if the City could have done an Environmental Assessment, instead of an Environmental Impact Report (EIR) for this property or was that triggered by the Historic Preservation Survey. He added since this is only a 12-unit subdivision was an EIR absolute necessity or did the City request it. Nicole Criste, the Consulting Planner, said the City was required per CEQA to do this. At the time the first archaeological/historical resource study was prepared it identified the home as a potentially significant historic resource. There was a second follow-up resource study that was done which determined the initial site study needed to be altered and answered a lot of the questions not answered in the first study. So, at the time that we would do our initial environmental check to determine the level of significance of any project that the standards established in CEQA triggering the need for an environmental impact were met. She also added that she had received several non -substantive form letters on this project and the EIR would be modified to include the comments of the Ramona Band tribal monitor request. Commissioner Quill said he was dumbfounded the Ramona Band was the only tribe to reply to the Draft EIR Request for Comments. He thought the local tribes should be involved, but only the Ramona Band had responded. Commissioner Quill asked if the HABS HAER research was done as a mitigation measure to record all the details of the structure because it would be demolished. He asked who would be keeping those records. Mrs. Criste replied they would be curated at the La Quinta City Museum. 455 Planning Commission Minutes May 27, 2008 Commissioner Quill commented this is a 12-lot subdivision that ends in a cul de sac; pointing out that you have to leave the subdivision and go into another gate to reach the subdivision next to it. He said this plan was reflective of the fact that we fail to do connectivity along Avenue 58. He did not know what we can do about creating these enclaves without connecting them. We need to look at pedestrian, and bicycle connections. He stated that we need to look at safe access and to include that in our plans. He referred to the aerial showing the two subdivisions next to each other. These is a 40 acre parcel between Andalusia and Monroe Street. Someday there will be one that will be a single row street along Almonte and behind the subdivisions there will be opportunities to create the same. There will be a 40 acre residential parcel with possibility of 5 subdivisions which will have to drive to Monroe street to get to the other. He said that there is something wrong with that picture. Planning Director Les Johnson responded with the new provisions requiring 20,000 square foot lots would encourage consolidation, better design and higher yield. This application pre -dated those conditions. Commissioner Quill said the Commission should be looking at future connectivity. They should be recommending the provisions for a prohibition against development and an easement, at the end of the cul de sac, for connection to a possible development to the south. If development does not occur the easement can be removed. This would place a reservation on the property for future access for a residence, or trails access. The issue everyone is concerned about is security, but the idea of connectivity certainly isn't pervasive in our thinking yet and we need to get there. Chairman Alderson asked if Commissioner Quill wanted to discuss the easement issue a little further. He wanted to know if Commissioner Quill was proposing creating an easement that could be utilized sometime in the future to allow access from the cul de sac to the south. Commissioner Quill interjected it could even be east or west; some way to connect future developments to this development. He said there has been a mentality of privacy and security and it does not accomplish that as much as it increases costs and HOA dues. This small subdivision will have substantial costs to maintain a gate. Pedestrian, bicycle, trail access between subdivisions are something we should think about. We need to preserve easements even if it is between lots. We could even consider the area between the lots near Avenue 58 which could be 456 Planning Commission Minutes May 27, 2008 connected to Tentative Tract 33717, He suggested the Commission consider these things since ultimately development would occur all around the entire 40 acres and connecting them up would make sense. Chairman Alderson commented the two site plans shown side by side was really helpful. Principal Planner Andrew Mogensen replied both plans were drawn by the same engineer and on the same scale. Chairman Alderson asked Commissioner Quill if he had additional comments regarding the easement and he replied he would hold further comments until all the Commissioners had made comments. Staff pointed out there was an easement at the south end of the property. Chairman Alderson replied that was a utility easement. Commissioner Wilkinson said there was an issue of retention not working across the street. He spoke with staff earlier about the retention in Tentative Tracts 33717 and 33848 their overflows. He asked if the overflow would go into the street. Staff said yes. He mentioned the stand pipe across the street. Staff was not sure if that had been repaired. Commissioner Wilkinson wanted to make sure all these hydrology issues were taken into consideration and looked at. Commissioner Quill said he had heard from a resident, in the area, that the stand pipe was being repaired. Commissioner Wilkinson said there is no percolation in the soil and was it engineered large enough for all the issues that previously occurred in the project across the street. Staff replied they were aware of it. Planning Director Les Johnson said plans showed a Maxwell system. Preliminary hydrology had been made by Public works and there were nine conditions addressing this. Commissioner Barrows asked if the landscaping plans would come back to the Commission and how the landscaping of a retention basin fit into the new water efficient landscaping requirements. Staff said the landscaping would come back to the Commission. He suggested the Commissioners wait for the landscape plans from the applicant. Commissioner Barrows wanted to encourage the applicant to use water efficient landscaping in the retention basin. Commissioner Barrows also commented on Commissioner Quill's concerns about easement and connectivity. Staff said the matter could be discussed during Commissioner Comments at this, or a later meeting. 457 Planning Commission Minutes May 27, 2008 Chairman Alderson asked about the location of a manhole cover. Principal Planner Andy Mogensen replied the current location for the manhole cover was only a suggestion. Chairman Alderson asked why we are bonding the split rail fence as opposed to just building it. Staff replied the Agrarian Image Corridor requires a split -rail fence which would be an improvement to the subdivision and would be included in the bondable items; i.e., street improvements. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. David Maman, 475 South La Pere Drive, introduced himself and said he was available to answer any questions. Mr. Maman said the pedestrian access comments were very interesting. He was concerned about the future of his project with reference to the a condition be required for connectivity. He said it could be an interesting element for the neighborhood if his neighbors would be as accommodating as he. Chairman Alderson asked if he was referencing the connectivity of the two projects since they would only be dedicating a small area on lots 7 and 8. Mr. Maman replied he was all right with it as long as it didn't limit them from doing something else. He wanted to discuss this concept with his partner. Chairman Alderson asked if he was able to discuss the historical mitigation measures with the Commission. Mr. Maman said he was not that familiar with it, but had been restricted by those measures for three years. He said once they received information the structure was unsafe they had to have the tenant vacate the property. They could not fix it, they could not destroy it, but they were liable. Commissioner Wilkinson said he was involved in the restoration of the Patton house in Indio and realizes this situation can be very complicated. Robert White, P 0 Box 180, Sun City, representing Archaeological Associates, cultural and paleontology consultants to David Maman. They prepared the initial and the follow-up studies, as included in the EIR. 40-8 Planning Commission Minutes May 27, 2008 Chairman Alderson said there are two groups scheduled to do historical work on this; Historical American Building Survey and Historical American Engineering. He asked if these firms would be preparing video tapes. Mr. White said they are basically sister programs. They are essential federally -based programs designed to record historical properties for the federal register. In California we adopt this as a mitigation measure following the federal guidelines to the best of our ability. Very fixed standards on photos, drawing and video recordation, 35 mm you must photograph the building using a large format camera and described the different types of materials used. The whole idea is to produce a record that will withstand the passage of time. On the Federal level most of this is administered through the National Parks Service in San Francisco and the ultimate repository would be the Library of Congress. The City will be the ultimate owner of these documents (originals). Basically the HABS Haer has three components: photography, engineering record, and written study of what was learned. He explained the detail of all the components and how the work would be done. Chairman Alderson asked if both these surveys were a part of the conditions of approval for this project. Mr. White replied yes. Commissioner Barrows said the uniqueness of this structure was characterized in the report. She asked is this adobe unique as compared to other adobes in La Quinta. Mr. White said the City has an inventory of adobes. There are not as many left as there were because it was never the preferred building method to begin with. Commissioner Barrows said there are not many left. Mr. White said two doors down there is one in very good condition. Mr. White went on to describe the lintels, bevels, and other architectural features unique to the subject adobe. They surmise that the same architect may have built both places, but they're unable to document it. Chairman Alderson asked if there were any more applicant representatives or comments. There being none, he asked if there was any public comment. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. 459 Planning Commission Minutes May 27, 2008 Commissioner Quill wanted to discuss about the subject of connectivity. He asked the slide be put up comparing the two developments side by side (Tentative Tracts 33717 & 33848). He asked if the other adobe structure was on Almonte Street. Almonte Street is the back door entrance into the Andalusia's sales office. He assumed this is a private road with easement to the various owners adjacent to it. He said every new smart growth conference he goes to goes back to standard block layouts emphasizing pedestrian usage. Here is a block of 40 acres and the City can't dictate any easements for connectivity. Commissioner Quill said this is the perfect opportunity from Monroe Street back to Almonte Street to be able to get to a trail and if there is an existing easement that kind of thinking could really be helpful. He said if they had looked at the whole 40 acres it would have been helpful. The only thing they could do now was ask the applicant if they would be willing to make an access easement. He asked staff to look up easements to see if there is a future thought process as other applications come in to look at the connectivity since Tentative Tract 33717 would be coming back for a renewal. Assistant City Attorney Michael Houston said if the Commission was considering matters relating to another tract map, that would have to be addressed later. Commissioner Quill said the Commission should think through the 40 acre parcel before going on to the next subdivision to see if there is any potential for connectivity. Planning Director Les Johnson said if the Commission considers the easement identified as a lettered lot it would retain its privacy, be delineated on the map, and be dedicated to pedestrian linkage. Commissioner Quill said, as a property owner, he would want the simplest reservation possible to allow that to go back to the adjacent lots if it did not happen. He said if you make it a lettered lot it's harder to go back to the adjacent lots. Making it an easement would prohibit building and the developer could take it back. Staff had two questions; 11. who would the easement be granted to and, 2►. how would the language be worded since it should not state "for public purpose" as this is a private development. Chairman Alderson said they already talked to the landowner and he had no problem with doing this. He asked if the Commission was going to 460 Planning Commission Minutes May 27, 2008 implement this easement issue as a condition of approval and move forward. Assistant City Attorney Michael Houston said if the action taken tonight is to make a recommendation to the Council, and the desire were to impose this sort of structure it could be done. Then if the applicant needed the time to talk to his partners he could do that in the time between this meeting and the Council meeting. He added regarding Commissioner Quill's proposal, about having the property go back to a residential development, the lettered lot seemed to make more sense from a legal standpoint because the issue would become who is the easement granted for the benefit of. If it is going to be granted to the benefit of the City you are tacking on a right the City may have to enforce something on the end of a private street which conceptually may be a little difficult. If you create a lettered lot you could have it for open space access and recreation purposes and tie a condition to the tentative map. If an adjacent owner develops to the south that applicant would work with those owners to facilitate connectivity. The only downside is it would ultimately be a lettered lot. Commissioner Quill asked if the lettered lots were added on the tentative map and it didn't work out could they (under substantial conformance) eliminate the lettered lot without coming back to the Commission prior to final recordation. Assistant City Attorney Michael Houston said that was certainly a determination that could be put in the record. Commissioner Quill said it would be ridiculous for them to come back for approval of removal of the lettered lot if the removal was deemed appropriate by staff. It could then be a substantial conformance and at the recordation of the final map the lettered lot could just disappear and the owners of those two property owners would receive the extra property. Planning Director Les Johnson said the only difficulty would be we have no idea when the property to the south would come in for an entitlement action. Commissioner Quill said the second part of the equation is have the Commission direct staff to look at the rest of the 40 acres and if you think you can come up with a scheme and it makes sense to have some kind of an easement for trail purposes at the back of those subdivisions there, then you're going to have your direction and you're going to know how to treat future maps and you're going to want to keep the lettered lot there. If you come back and say that's a stupid idea and that's not going to work, then we can remove the lettered lot and you can give them a substantial conformance and they can record their final map. Staff said it does put a placeholder in for staff to do the additional research to see if this is possible. - 461 Planning Commission Minutes May 27, 2008 Commissioner Quill said that's all he wanted, was a placeholder, but he wanted it to be the least onerous procedure to the owner. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-015 approving Environmental Impact Report 2005-560, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-016 approving Tentative Tract Map 33848 with amendments as follows: a. Staff identify a mechanism, perhaps a lettered lot, to provide for an open space and/or access easement at the terminus of the cul de sac to the south and investigate the potential for access along the southern boundary of the subdivision which could tie into other parcels by whatever mechanism staff deems appropriate. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: Discussion of League of California Cities and Planning Commissioner Training brochure included in packet. Staff was making this available to the Commission for general information as a recommendation, but not sponsorship. If the any of the Commissioners have an interest in attending the functions there are to advise staff. Staff added they did not want financial considerations to be a deterrent for attendance. IX. COMMISSIONER ITEMS: A. Review of City council meeting of May 6, 2008. Chairman Alderson gave a brief overview of the City Council meeting of May 6, 2008 and referenced his addition of Item D. 462 Planning Commission Minutes May 27, 2008 B. Discussion regarding Commission summer meeting schedule. Staff pointed out that Council has taken action to go dark August 19, 2008, and may also go dark September 2, 2008. Chairman Alderson said the Commission usually goes dark one night only and if they go dark on August 12 there wouldn't be any items for the Council meeting of August 29, 2008. Commissioners agreed to go dark on August 12, 2008. Staff commented they are currently working on the annual budget. The Council will have a meeting on the June 19, 2008, and if the Commissioners are interested in finding out more with next year's budget, they should attend. C. Discussion of the Capital Improvement Program Information Chairman Alderson said the Commissioners should be receiving the Capital Improvement log of events. He requested the Commissioners begin receiving copies of these as they outline issues and dates on a monthly basis. The report shows things that are under construction. Staff added if they Commissioners don't receive their monthly copy please let them know. D. Council Call -Up of Arnold Palmer Project. Chairman Alderson said, with reference to the Arnold Palmer project, the Council had two areas of concern: 1) parking and some dangerous pedestrian conditions and, 2) the neighbors concerns about future development. There was extensive discussion and ultimately the Planning Commission's decision was upheld. One additional condition was made to change the valet parking, in front of the restaurant, to general parking. This should help alleviate the parking concerns with people parking in the street and crossing the street. Also the neighbors' development agreement was resolved between the neighbors, on their own. Staff commented the new Council condition added 29 stalls in front of Palmer's entrance to be used as general public parking. That was a good move as the concern was to provide another parking option rather than on the fronting street. 403 Planning Commission Minutes May 27, 2008 E. Additional Discussion Items. Commissioner Quill requested the staff take a look at the previously discussed 40 acres and come back with information on access easements to see if there's any opportunity which might be advantageous to future plans of a neighborhood concept on the 12 lots. Staff said they would look into public record information and would get back to the Commission by the next meeting, if possible. Commissioner Barrows wanted to broaden the discussion about the Planning Commission Training information given to the Commissioners regarding transportation planning for livable communities. I think we had tried to look at the same sort of issues regarding the Highway 111 corridor. She wanted to know if staff could direct them to some references that could give some background information. Commissioner Quill mentioned Mr. Ron Snyder was working on a Cal Trans grant to do a walkable communities survey in Mecca in the Moving Mecca Forward Plan. His presentation will be at 6:00 on June 11, 2008 if any of the Commissioners are interested. Commissioner Barrows commented Mr. Snyder did a Non -Motorized Trails Plan for CVAG a few years earlier. Staff commented that one of the items planned for discussion, at the next Commission meeting, was to have a work session after the agenda items. The work session will reference the programs the Commission will be working on in 2009. It will be an opportunity for open dialogue and the Commissioners can certainly discuss walkability items, as well as any additional items or discussion points you may want to discuss at that time. Staff said it would be an opportune time to discuss the Commission's concerns for 2009. Commissioner Barrows said it sounded great and referenced the Green and Sustainable program discussed at the Council. She would be interested in discussing those items. Staff said Council approved the Green and Sustainable Program at their last meeting. Staff then discussed how the program was to be directed within the various departments and what programs are currently on -going and will provide the Commission with additional information at the next meeting. 4U4 Planning Commission Minutes May 27, 2008 Chairman Alderson asked if the discussion would be an agenda item at the next meeting. Staff replied yes. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows /Quill to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on June 10, 2008. This regular meeting was adjourned at 9:18 p.m. on May 27, 2008. Respectfully submitted, Carolyn alker, Executive Secretary City of La Quinta, California 40 REPORT/INFORMATIONAL ITEM: 1019- INVESTMENT ADVISORY BOARD Meeting May 14, 2008 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 P.M. by Chairwoman Denial, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Ross, Denial, Rassi and Park ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary 11 PUBLIC COMMENTS — None. III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Mr. Falconer requested (under the discussion of the investment policy) that the Board discuss the date to present the final investment policy to council. Board Member Ross requested that the four handouts be added for discussion under the investment policy. IV CONSENT CALENDAR Approval of Minutes of Meeting on April 9, 2008 for the Investment Advisory Board. Board Member Ross advised of several corrections to the minutes; Page 3: last paragraph, the word approve should be reflected as "approve." Page 4: second paragraph should read: "General discussion ensued by the Board regarding the issue of whether or not the Board should be included as part of section VIII — Conflict and 0 Interest." MOTION - It was moved by Board Members Moulin/Ross to approve the minutes of April 9, 2008 as amended. Motion carried unanimously. 460 Investment Advisory Board Minutes V BUSINESS SESSION May 14, 2008 A. Transmittal of Treasury Report for March 2008 Mr. Falconer presented and reviewed the staff report for the month of March and advised that the portfolio declined by $6.7 million due to construction activities at the Vista Dunes housing project, the Civic Center Expansion and the Avenue 481h housing project ending the month at approximately $184 million. Mr. Falconer also advised that the portfolio has continued to decline with the average maturity at 74 days, with the portfolio yield currently exceeding the benchmark and a continued drop in interest rates due to the current interest rate environment. Mr. Falconer further advised that the pooled cash investments are currently a little over 4%, with U.S. Treasuries at 2.8% and the overall investment yield at 3.67% and the current benchmark at 1.5%. In response to Board Member Moulin, Mr. Falconer advised that the term "benchmark' is still used in accordance with the existing policy. In response to Board Member Ross, Mr. Falconer advised that in accordance with the current policy he has not considered increasing the limits of commercial paper at this time. Mr. Falconer further advised that if he decided to increase any limits, he would increase LAIF or GSE's. MOTION - It was moved by Board Members Moulin/Ross to approve, receive and file the Treasury Report for March 2008. Motion carried unanimously. B. Continued Consideration of the Fiscal Year 2008/09 Investment Policy The Board reviewed the attached Investment Policy (Attachment No. 1) and changes/additions/deletions are shown in "strikeout" form and (Attachment 2) in final form. MOTION — Consensus of the Board was to continue to the June 2008 meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report and other selected Financial Data — April 2008 2 467 Investment Advisory Board May 14, 2008 Minutes B. Pooled Money Investment Board Report — February 2008 Noted and Filed C. Update on California Municipal Treasurers Association Conference (CMTA) Board Member Moulin recommended that the Board defer the update on the Treasurers conference to the June meeting. VII BOARD MEMBER ITEMS Vill Adjournment MOTION - It was moved by Board Members Moulin/Ross to adjourn the meeting at 7:50 p.m. to an adjourned regular meeting to be held on June 12, 2008. Motion carried unanimously. Su by, vvq�— Vianka Orrantia Senior Secretary 3 DEPARTMENT REPORT: 5 A CITY COUNCWS UPCOMING 1 JULY 15 AUGUST 5 AUGUST 19 SEPTEMBER 2 SEPTEMBER 16 SEPTEMBER 24-27 OCTOBER 7 OCTOBER 21 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - LONG BEACH CITY COUNCIL MEETING CITY COUNCIL MEETING 40� LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2008 Sunday.nday Tuesday Wednesday.. . ay 1 2 3 4 5 June S M T W T F S 3:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayers Lunch 9:00 AM - 4:00 PM SJSR Nil. Mnmt-Henderson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Independence Day (City 15 IB 17 18 19 20 21 Hall Closed) 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- Connoission Henderson Henderson 4:30 PM Investment 11:00 AM CVCC-Sniff Advisory Board 12:00 PM Energy) Environs Sniff 13 14 15 16 17 18 19 10:00 AM Pub. Shy -Kirk 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA.Henderson 12:00 PM Transp-Kirk Meeting Conte. vation Commission 3:00 PM Mtns. 12:00 PM HCRC Osborne Conversancy -Kirk 5:30 PM Community Services Commission 6:00 PM League - Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Commission 4:00 PM J.Cochran Reg. Henderson Airp Osborne 27 28 29 30 31 10:30 AM RCTC Budget August Henderson S M T W T]563 6:00 PM Exec Cmte:Adolph 3 4 5 6701112 13 147 1819202124 252627 28 31 Printed by Calendar Creator Plus on 7/9/2008 470 LA QUINTA CITY COUNCIL MONTHLY CALENDAR August 2008 1 2 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALRC Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Sfty Kirk 12:00 PM Transp-Kirk 5:30 PM Community Services Comrission 7:00 PM Planning Commission 9:00 AM RCTC- Henderson 4:30 PM Investment Advisory Board 11:00 AM CVCC-Sniff 12:00 PM Enargyl Envbon: Sniff 9:00 AM CVA-Henderson 6:00 PM League. Henderson 17 18 19 20 21 22 23 3:00 PM City Council Meeting - CANCELLED 10:30 AM Homelessness Crate. 3:00 PM Historic Preser. vation Cortarission 12:00 PM HCRC-Osborne 24 25 26 27 28 29 30 10:30 AM RCTC Budget Henderson 7:00 PM Planning Commission 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson 6:00 PM Exec Cmta: Adolph 31 July F S M T IN IFS S M T W T _S 1 2 3 4 5 1 2 3 4 5 fi 6 7 8 9 10 11 12 7 8 9 10 11 12 13 13 14 15 16 17 18 19 14 15 16 17 18 19 20 20 21 22 23 24 25 28 21 22 23 24 25 2fi 27 27 26 29 30 31 28 29 30 Printed by Calendar Creator Plus on 7/9/2008 4 i 1 LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2008 Sunday Monday Tuesday W dnesday Thursday Friday Saturday 1 2 3 4 5 6 44 3:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM WISH RX Meeting CANCELLED NO. Mnmt-Henderson Labor Day (CITY HALL CLOSED) 7 8 9 10 11 12 13 10:00 AM Pub. Shy -Kirk 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus. 12:00 PM Transp-Kirk Comonssion Henderson Henderson 3:00 PM Mtns. 4:30 PM Investment 11:00 AM CVCC.Sniff Consversancy-Kirk Advisory Board 12:00 PM Energy/ 5:30 PM Community Envu4n: Sniff Services Commission 6:00 PM League- }� 19 Henderson Patriot Day 14 15 16 17 18 19 20 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA-Henderson Meeting Cote. vation Cermnission 12:00 PM HCRC-Osborne 21 22 23 24 25 26 27 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson Commission 4:00 PM J.Cechran Reg. Henderson Airp-Osborna tat Day of Autumn League of California Cities Annual Conference - Long Beach 28 29 30 6:00 PM Exec Cmte: Adolph August Oct9her S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 1 24 25 26 27 28 29 30 9 20 21 22 23 24 25 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 7/9/2008 472 DEPARTMENT REPORT: 4 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety —77-l DATE: July 15, 2008 RE: Department Report — June, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of June. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $88,252,902 which represents an issuance of 126 building permits in June; • Animal Control handled 609 cases through June; • Code Compliance initiated 1765 cases through June; • Garage sale permits generated $1340 in revenue during June. 473 .vbinoN. NmbNa.-.INoOoO. rmri. vmrirmm. dmnmbnOeb. me.i.IMNNOoO. nWa. oi o. mn.loo. 0oo. 0rn. 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M M .- W W` 01 M O N )CM N N 0) cc NN 0) N N U w O W a z g Z L z FO F dW g 5 a3 aa0.FZO W W Q v p 'O N UWWLU -O W Z .O U QW m � OO a H vwJW .. a mQa UQZZ 0 e JE Wv C) 9 o yM Lu N W JUU to P� d(AU 0 U coNU J (AU U :0Oo UU � 13 W = N O W > m x xz IL 5 477 DEPARTMENT REPORT: 4XPau&w Ir.�v FC ROwS OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director N DATE: July 15, 2008 SUBJECT: Community Services Department Report for June 2008 Upcoming events of the Community Services Department for August 2008: Aug 1 *Sizzlin' Summer Serenade Evening Dance Aug 1 Tae Kwon Do, Senior Center Aug 1 Zumba, Senior Center Aug 2 Summer Golf Tour Marriott Shadow Ridge Aug 4 Jazzercise Evening, Senior Center Aug 4 Morning Fitness, Fitness Center Aug 5 *Core Circuit for Everyone Aug 5 Beginning Guitar, Senior Center Aug 5 Beginning Guitar Part 2, Senior Center Aug 8 Movies in the Park, Civic Center Campus Aug 8 *On the Ball Training Beginner (FREE Class) Aug 9 Summer Golf Tour Terra Lago Golf Resort, North Course Aug 14 *Social Ballroom Dancing Intermediate/Advanced Aug 16 Universal City Walk Excursion Aug 16 Summer Golf Tour Mountain Vista Sun City, Santa Rosa Aug 21 *Mature Driver Training Aug 22 Movies in the Park, Civic Center Campus Aug 23 Summer Golf Tour Desert Willow, Fire Cliff Course Aug 28 *Boys & Girls "Back to School" Luncheon Aug 30 Summer Golf Tour Trilogy Golf Course at La Quinta Aug 30 Summer Golf Tour Awards Banquet, Trilogy Golf Resort *Daytime Senior Center class or activity 478 Community Services Department Attendance Report for the Month of June 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 80 65 15 73 39 Special Events 711 594 117 7 7 Adult Sports/ Fitness 766 622 144 42 44 Museum 71 0 71 6 0 Senior Center 959 808 151 64 62 Total 2,587 2,089 498 192 152 Museum Services Visitors - Adults 188 0 188 20 0 Visitors - Youth 67 0 67 20 0 Total 255 0 255 40 0 Senior Services Senior Center 325 283 110 19 10 Total 325 283 1101 19 10 Sports User Groups La Quinta Park Use AYSO 200 250 -50 15 9 LQ Sports & Youth 25 0 25 4 0 So Cal Xtreme 15 0 15 4 0 Lightning Fast itch 201 0 20 6 0 Sports Complex LQ Sports & Youth 600 500 100 21 17 Facility/Park Rentals Senior Center Private Pa 400 300 100 2 2 Church 300 300 0 4 4 Library Classroom 300 550 -250 6 11 Civic Center Private Pa 0 0 0 0 0 Park Rentals La Quinta Park 150 450 -300 3 9 Fritz Burns Park 0 0 0 0 0 Total 2,010 2,350 -340 65 52 Total Programs 5,177 4,722 523 316 214 Volunteer Hours Museum 146 0 146 Senior Center 3391 3251 14 Total Volunteer Hours 1 4851 3251 160 479 Community Services Program Report for June 2008 2008 2007 2008 2007 Participants I Participants Variance Meetings Meetings Leisure Classes Tennis - Beg. 6 0 6 4 0 Tennis -Inter. 1 0 1 4 0 Zumba 24 0 24 12 0 Morning Fitness 1 0 1 13 0 Belly Dancing - Beg. 8 3 5 1 4 Computers - Beg. 3 0 3 51 0 Microsoft Excel - Inter. 91 0 9 2 0 Adobe Photoshop Pro 2 3 -1 4 4 Guitar - Be . 4 12 -8 4 4 Tee Kwon Do 6 11 -5 13 13 Ballet - Beg. 7 3 4 4 2 Dance, Pla , & Pretend 4 19 -15 4 4 BalJett Jazz 5 01 5 3 0 Totals 80 511 29 73 31 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Special Events Temecula Excursion 16 0 16 1 0 Open Air Cinema 500 350 150 2 1 Golf Tour, Tahquitz Creek 39 42 -3 1 1 Golf Tour, Classic Club 63 0 63 1 0 Golf Tour, Indian Springs 48 36 12 1 1 Golf Tour, San Gorgonio 45 42 3 1 1 Totals 711 470 241 7 4 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Adult Sports & Fitness Open Gym Basketball 231 202 29 17 21 Fitness Center 535 195 340 25 21 Adult Soccer League * 0 225 -225 0 2 Totals 766 622 144 42 44 2008 2007 2008 2007 Participants Participants Variance Meetings Meetings Museum Roadrunner Lecture 47 0 47 1 0 Volunteer Orientation 20 0 20 1 0 Research Requests 4 0 4 4 0 Totals 71 0 71 6 0 lCommunity Services Totals 1,6281 1,143 485 128 79 * No Adult Soccer League during the summer to rehab La Quinta Park. 480 Monthly Revenue Report for June 2008 Monthly Revenue - Facility Rentals 2008 2007 Variance Libra $ 560.00 $ 7,597.50 $ 7,037.50 Museum $ - $ - $ - Senior Center $ 3,387.50 $ 2,357.50 $ 1,030.00 Parks $ 100.00 $ 490.00 $ 390.00 Sports Fields $ 336.00 $ 330.00 $ 6.00 Monthly Facility Revenue $ 4,383.50 $ 10,775.00 $ 6,391.50 Monthly Revenue Museum $ 317.30 $ - $ 317.30 Senior Center $ 4,316.50 $ 4,721.00 $ 404.50 Community Services $ 5,523.00 $ 9,155.00 $ 3,632.00 La Quinta Resident Cards $ 780.00 $ 1,110.50 $ 330.00 Fitness Cards $ 760.00 $ 580.00 $ 180.00 Total Revenue $ 11,696.80 $ 15,566.00 $ 3,869.20 Revenue Year to Date Facility Revenue $ 64,770.50 $ 103,669.50 $ 38,899.00 Museum $ 796.30 $ - $ 796.30 Senior Center $ 87,580.00 $ 87,478.50 $ 101.50 Community Services $ 67,409.50 $ 56,135.00 $ 11,274.50 La Quinta Resident Cards $ 24,345.00 $ 36,240.00 $ 11,895.00 Fitness Cards $ 6,875.00 $ 3,355.00 $ 3,520.00 Total Revenue to Date $ 251,776.30 1 $ 286,878.00 $ 35,101.70 Class registrations revenue about same as last year; less pre -registration this year compared to last year for excursions. 481 Senior Center Attendance Senior Center Program Report for June 2008 Participation Participation Variance Meetings Meetings 2008 2007 2008 2007 Senior Activities ACBL Bride 198 180 18 4 4 Bridge, Duplicate/Social/Party 369 320 49 14 13 Sizzlin' Summer Serenade Evening Dance 39 0 39 1 0 Monthly Birthday Party 45 42 3 1 1 Monthly Luncheon Salad Days) 97 66 311 1 1 Movie Time 61 45 16 4 4 Senior Activity Total 809 653 156 25 23 Senior Leisure Classes Arts & Crafts Seashell Photo Frames 8 0 8 1 0 Computer Classes 25 13 12 6 3 Exercise 27 30 -3 13 12 Quilting 19 20 -1 3 3 Sketch & Draw 12 3 9 4 4 Ukulele Players 47 10 37 8 4 Watercolor 12 6 6 4 4 Senior Leisure Classes Total 150 82 68 39 30 TOTAL SENIOR PROGRAMS 959 735 224 64 53 Senior Services FIND Food Distribution 161 235 -74 4 4 Health Screenings(Cano rScm ning) 6 0 6 1 0 HICAP 16 4 12 4 2 Legal Consultation 8 4 4 1 1 LIHEAP 18 0 18 1 0 Mature Driver Training 11 0 111 1 0 Notary Services 3 2 1 2 1 Seminars - June 3 17 4 13 3 2 FREE Class on the Ball Training; Intro Tai Chi 53 0 53 7 0 Volunteers 321 34 -2 n/a n/a TOTAL SENIOR SERVICES 3251 283 110 19 10 SENIOR CENTER TOTAL 1 1284 1018 334 83 63 482 2008 I 2007 Variance I Volunteer Hours _ Senior Center Volunteer Total: 339'I 325; 339 23 5' _ 14 141 Revenue — - - Senior Center Revenue - --- - $4,316.50 $4,721.00 - — -- -$404.50 Revenue Total: Jun-O8� _ $4,316.50 $4,721.00 _ -$404.501 -- --- -- --- ------ -- i 483 Parks Activities Updates For June 2008 Wire fencing has been installed at the base of the perimeter fence of the small dog area at the Fritz Burns dog park. This was done at the request of residents who were concerned about their little dogs being able to escape the contained area. The dog park was designed to contain both small and large dogs but additional material was needed on the small dog side. The interactive water feature at La Quinta Park is now in operation. The timer for the water feature is set to allow users to enjoy the facility between 8 AM and 10 PM. Staff from the Buildings and Safety Department worked with the pool maintenance contractor to clean the system, check for leaks, and insure everything is running properly. The surveillance systems at both Fritz Burns Park and La Quinta Park received some routine maintenance. A few of the cameras were readjusted for better viewing. The contractor will return to clean the lenses of the cameras. Because of the location of the cameras, a mechanical lift is required to reach their locations. An additional dog bag dispenser was installed at the Civic Center Campus. 484 Department Report: a, N OF T TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning DirectoK DATE: July 2, 2008 SUBJECT: Department Report for the Month of June 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of June. P:\Monthly Report Folder\2008\JUNE 2008.doe 485 1 Z H w 20 a LU °Ccro O W Z N 0 W W zF? Z Q Z d W C O a 0 LU z F- O ►- ° a ° m i a� Z) a U cn E w w N ° U 0 Y a a a a a a a a a a a a a a a a a Q w c 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y�•• ° 0 Y Y_ Y_ Y Y Y Y Y Y Y_ Y� V ° E E E E E E E E E E E E E E E E E w Z o. c a J N N N N N N N N N N N N N N N N N CL _ 0) O1,NOMM 000 0 r-0N0 0OM Z a CO) Z O J Co a Ci ° ~ °c a a) N ° N Y Z c Y C } (0 0E a)E 0) (D a E E N- w E LU a d n a N i O d y N E Y c .C_ c a)�+ a N a a� Q N N E ECD 1= N Q Q N ` N ° N Q Y C N °. 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N U 'E O Co jp N U C a O N � E m Y lG (D � N O 3 Q O a�0$ > C N .` N CL Qj O Y C j N 9 L f_Np E CL 7 T N m U a>i Y/1 ` 7 '0 O N U N CC N N N V 01 U c E cr ,C O N _ O > C C O^ U O (D L C C f0 * N O w 5- 0 _O a N l0 f0 O T > > 0 Y O O` N 0 CL a a O. O O l0 f0 N O N T U' C .0 N Y O YO O f6 L C C U N y N A:: N N O Q N N co 4U7 DEPARTMENT REPORT: 8 T:ty/oE.fwRumrw MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: July 15, 2008 SUBJECT: Public Works Department Report for June 2008 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. Ti othy R. 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Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 55 104 0 8 167 1001 Pot Hole -Repair/Patching 27 6 0 2 35 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 2 0 0 2 1004 Pavement Marking/Striping 0 2 0 0 2 1005 Curb Painting 0 0 0 01 0 1006 Other Traffic Controls 2 55 12 1 70 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 5 0 0 5 1009 Street Sign Install (New) 3 4 0 0 7 1010 Street Sign Repair/Maint 33 15 0 4 52 1011 Debris Removal 7 40 0 3 50 1012 Right of Way Maint. 7 54 27 2 90 1021 CLEAN Catch Basin Inlet/Outlet 3 4 0 0 7 1022 Rondo Channel Outlet/Vault 7 0 0 0 7 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 12 0 4 16 1024 Gutter/Median Sand Removal 0 5 0 0 5 1025 Street Sweeping (Machine) 145 0 2 0 147 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 6 3 1 10 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 01 0 01 0 1031 Parks/Retention Basinslnspection/Clean-L 0 21 1 68 0 89 1041 Irng/ Weeding, Shrubs & Tree Trimming 12 40 81 2 135 1051 Landscape/Irrigation Contract Managemer 0 0 53 19 72 1052 Lighting/Electrical Contract Management 0 0 0 11 11 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 71 2 0 0 9 1063 Vehicle Repair Maint. 29 41 0 1 34 1081 Trash/Litter/Recycable Removal 0 4 4 0 8 1082 Vandalism Repairs 22 0 0 0 22 1083 Graffiti Removal 173 89 30 10 302 1084 Maint. Yard Building Maint. 15 0 0 0 15 1085 Seminars/Training 24 24 3 4 55 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 65 14 0 0 79 1088 Meeting 38 48 10 281 124 1089 1 Office (Phone, paper work, reports, Misc) 6 241 11 481 89 SUBTOTAL 680 5841 3041 1481 1716 1091 Over Time 18 231 9 0 50 1094 Jury Duty( 8 0 0 0 8 1095 Sick Leave 64 24 0 0 88 1096 Vacation 48 16 16 12 92 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 16 0 0 16 SUBTOTAL 1381 791 254 TOTAL HOURS 8181 6631 3291 1601 1970 TOTAL MILES 35351 29301 15011 10011 8967 495 Department Report: LA Ui TA P@LICE Served by the Rverside County Sherdrs Department Police Department Monthly Report June-- 2008 Prepared for 496 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 06/01 Sundav (54 1229 hours - Deputy C McAnallen responded to Avenue 52 and Madison St. to investigate a report of two subjects taking concrete blocks from a construction site. The subjects loaded their truck with concrete blocks and left the construction site prior to Deputy McAnallen's arrival. The vehicle was stopped at the intersection of Monroe St., and Avenue 53, by Sgt. Alvarez and Deputy McAnallen. Valentine Martinez and William Montoya admitted the theft of the concrete blocks. Martinez and Montoya were arrested for grand theft, conspiracy, and booked into the Indio Jail. 2310 hours — Corporal Cordeiro responded to the 78200 block of Hwy. I I I regarding a suspicious death. Pedro Hernandez Moran was found deceased in his vehicle from unknown causes. 06/02 Monday (69) 2055 hours — Corporal Sasser, Deputies James and Krachman responded to the 78100 block of Avenue 52 regarding a highly intoxicated female. Valerie Szumacher was very uncooperative and refused to exit her vehicle. Pepper spray was used to gain Szumacher's compliance. CDF treated Szumacher for the effects of the pepper spray. Szumacher was transported to the Indio Jail and booked public intoxication. 2330 hours — Deputy Taylor conducted a vehicle check in the 87100 block of Calle Tampico. Luis Perez was found to be in possession of a small amount of methamphetamine, drug paraphernalia and was on felony probation. Perez was transported to the Indio Jail and booked. 06/03 Tuesday (77) 0611 hours - Deputy Amezcua and Sgt. Alvarez responded to the 81700 block of Sun Cactus in reference to an unattended death. An elderly male, suffering from heart problems, lung cancer and diabetes had passed away.. No signs of a struggle or foul play were found. 1239 hours — Deputies responded to a report of an unattended death on Paradise Way. Deputies responded located an elderly male deceased at the location. His apartment was neat and orderly and there were no signs of struggle or foul play. 1453 hours - School Resource Officer Speir was advised that a strong arm robbery had just occurred at the high school. Investigation revealed the suspect had assaulted a student and had stolen his cell phone. The suspect was seen running away from the school with a second person. The suspects, two juvenile males, were subsequently apprehended across the street from La Quinta High School. The juvenile suspect identified as being the robber became violent, kicking out the windows of the marked police unit, and fought with deputies who tried to restrain him. It was learned that the juvenile suspect was a former student at La Quinta High School and had been expelled the previous year. He was subsequently booked at Juvenile Hall in Indio. The second juvenile was arrested for assault on a school employee and released to his guardian. 2218 Hours -Deputy Krachman was dispatched to the Target Store regarding an employee detained for embezzlement. Ramon Cabrera admitted to taking electronic items over a period of three months. He was arrested for embezzlement and booked into the Indio Jail. 497 06/04 Wednesdav(90 1230 hours- Business District Deputy Burgie responded to Circuit City to investigate a report of a theft. Deputy Burgie arrested Richard Sanchez, an employee, for embezzlement. 2104 hours —. Deputies Covington and Heffley served an arrest warrant in the 53600 block of Eisenhower Drive. Janine Nicole Aicher was contacted regarding an active Hit and Run arrest warrant. 06/05 Thursday(86) 0045 hours - La Quinta SET Deputies Celaya and Hughes conducted a traffic stop on Monroe St. and Ave. 54. During their investigation they found Manuel Loera Garcia in possession of methamphetamine, scales, and a .22 caliber Zip -gun. Garcia was arrested for being a felon in possession of drugs, a firearm, and other weapons related violations. Garcia was booked into the Indio jail. 1127 hours — Deputy White responded to Avenue 52 east of Jefferson in reference to a single vehicle into the center median. Joseph Riso had collided with the center median while intoxicated. He was arrested and booked for driving while under the influence. 1145 hours — Deputy McAnallen responded to the Bank of America regarding a subject attempting to cash a fraudulent check. Sergeant Devinny detained Cameron Bell at the teller window. Bell admitted to passing two checks. 1345 hours — Deputy Illera responded to the 52900 block of Eisenhower Dr. regarding a possible burglary in progress. Ervin Billy was contacted in the front yard after he took a screen off one of the windows. It was determined that Billy was so intoxicated that he was not aware of his location. He was looking for his friend's house. Due to Billy's level of intoxication, he was given a medical clearance from JFK Hospital and then booked for public intoxication at the Indio jail. 1530 hours — Business District Deputy Burgie responded to the La Quints Library regarding a report of vandalism. Two fifteen -year -old juveniles were arrested for spraying graffiti in the restroom of the library. Both were released to their parents. 06/06 Friday (72) 2305 hours — Deputy Taylor contacted and arrested Eduardo Pantaleon during a traffic stop at Sinaloa and Obregon. Pantaleon had an active felony warrant for his arrest and he was transported to the Indio Jail. 2338 hours — La Quinta SET Deputies Hughes and Celaya arrested Raul Marquez for a felony narcotic warrant. Marquez was booked into the Indio jail. 06/07 Saturdav(69) 1817 hours — DUI Hit and Run traffic collision at Avenida Bermudas and Calle Sinaloa. Todd Allison was detained after he struck a Sun Bus and he fled to Calle Temecula and Avenida Velasco. A good Samaritan detained Todd until Deputy Chris Macken arrived. Deputy Macken arrested Todd for DUI and the bus driver singed a private person arrest for the hit and run. Todd was taken to JFK for an okay to book and was later transported to the Indio Jail. 1947 hours — DUI traffic collision at Avenue 50 between Washington St. and Park Lane. Deputy James responded to the scene and the driver, Gordon Hopper, was taken to JFK for medical treatment. While at the hospital, Deputy James determined that Hopper had been drinking. 2350 hours — Arrest warrant at Washington St. and SR 1 11. Deputy Taylor contacted and arrested Martin Angulo for an outstanding warrant. Mr. Angulo was transported and booked into the Indio Jail. 498 06/08 Sundav (52 0415 hours — Unlawful entry and curfew violation in the 83400 block of Calle Colima. Deputies responded to a report of trespassing. When deputies arrived there were several juveniles in the back yard and the side window to the residence was broken. Each juvenile was taken to the Indio Station and released to their parents. Both the juveniles and parents were issued citations for the related curfew violations. 1600 hours- Deputy Martinez conducted a pedestrian check in front of the Home Depot. Edward Rivas was arrested for possession of a hypodermic syringe and an outstanding felony warrant for parole violation. Rivas was transported and booked into the Indio Jail. 06/09 Mondav (87 1910 hours — Deputy Barandes responded to the 54100 block of Avenida Madero and made contact with Ronald Archuleta. Archuleta was found to have an active felony warrant for cultivation of marijuana. Archuleta was booked at the Indio Jail. 2044 hours — Deputy Abrego responded to Target regarding a theft in progress. David Martinez was found to have taken items from the store without paying for them. Martinez was arrested for petty theft with priors and being under the influence of Methamphetamine. Martinez also had a felony warrant for theft and a warrant for being under the influence of methamphetamine. Martinez was transported to the Indio Jail. 2312 hours — Deputies responded to the 78600 block of Hwy I I I regarding an act of vandalism that had just occurred. Christine Kehl was transported to the Indio Jail and booked for felony vandalism and resisting arrest. Sabrina Rengels was also arrested for delaying a peace officer and was transported to the Indio Jail. 06/10 Tuesdav (71 1530 hours- La Quinta SET Deputy Burgie responded to Target regarding a reported theft. Two juveniles had stolen items from Target. Both juveniles were located and found to be in possession of stolen property from Target. The juveniles were booked into Indio juvenile hall. 2028 hours — Deputy Moore arrested three juveniles for taking a golf cart from the vicinity of La Quinta Middle School. The suspects had been located in the cove by Deputy Taylor in possession of the stolen golf cart. The juveniles were booked at Juvenile Hall for possession of stolen property and grand theft. 06/11 Wednesday (59) 1530 hours- Cpl. Perez and Deputy Pittenger responded to the Wal-Mart shopping center in reference to a report of an intoxicated individual in the parking lot. Brenda Castillo was arrested for public intoxication and booked into the Indio Jail. 2003 hours — Deputies Krachman and Lun conducted a vehicle stop at Avenida Bermudas and Calle Colima. Glenn Curtis Brittingham, the driver, was issued a citation for failure to stop at a marked stop sign. During a consensual search of Brittingham's vehicle, 6.6 gams of rock Cocaine, %: gram of Methamphetamine, 200 Vicodin pills, 2 Morphine pills, 10 Methadone pills, 7 Xanax and a vial of Testosterone were found in the vehicle. Brittingham was arrested for possession for sales of cocaine, possession of methamphetamine, possession of steroids and possession of prescription drugs without a prescription. 2136 hours — Deputy Herington conducted a vehicle stop at Francis Hack and Avenida Bermudas. Richard Plueg was arrested for a parole violation warrant and possession of a gravity knife. 499 06/12 Thursday (76) No significant activity 06/13 Friday (71) 0951 hours — Deputy McAnallen responded to a report of a suspicious vehicle in the Wal-Mart parking lot. An adult male had been seen taking items from Wal-Mart and concealing them in his vehicle. Albert Perales was contacted and consented to a search of his vehicle. Deputy McAnallen located one gram of tar heroin. A second individual, George Lopez, was also contacted and he was found to be in possession of %, gram of heroin. Two syringes of heroin were found in the vehicle. No stolen merchandise was located. Both Perales and Lopez were arrested and booked for possession of heroin and syringes. 1530 hours -- SET Team Deputies served a narcotic related search warrant in the 54200 block of Avenida Alvarado. The search warrant was related to an earlier case in which deputies had recovered 6.0 grams of cocaine and prescription drugs from Glenn Brittingham. SET Team deputies recovered 2.5 grams of powder/rock cocaine, .5 grams of methamphetamine and 2.Occ's of liquid heroin, from various rooms inside the residence. Also recovered was a MAC -I I machine gun, 357 Smith and Wesson revolver, .40 caliber Beretta pistol and two long rifles. Lance Kinsler and Miranda Kinsler were arrested for possession of methamphetamine, possession of heroin and possession of drug paraphernalia. They were booked at the Indio jail. Madelyn Cook was also in the residence, however, she suffers from throat cancer and an out of custody filing will be filed against her for possession of cocaine. Brittingham is currently in custody on the original case and additional weapon and narcotic charges will be filed against him. 1840 hours — Deputy Brian Taylor responded to a burglary that occurred at the Target Store. Target Loss Prevention officers reported three male suspects had taken music and movie DVD's from the store without paying for them. They were seen leaving the area in a Black Toyota Canny on Highway 111. Deputy Wiggs located and stopped the vehicle at La Quinta Center and Highway 111. The three males, Jarrel Davis, James Brown and a male juvenile were positively identified by Target Loss Prevention officers. In addition, the three males were also identified as having committed another burglary at the Palm Desert Target Store just thirty minutes prior to committing the La Quinta Burglary. Davis and Brown were arrested and booked at the Indio jail for committing a theft with prior convictions and conspiracy to commit the thefts. The juvenile was booked at Indio juvenile hall for thefts with prior convictions and conspiracy. 1956 hours — Deputy Krachman responded to a mentally disturbed person in the 79800 block of Morris Avenue. A male juvenile told his sister that he would kill himself if he had access to a gun. The juvenile is on 24 hour home supervision per juvenile probation and is very depressed. The juvenile was taken for a 72 hour mental evaluation. 2320 hours — Deputy Fiebig responded to Washington and Highway I I I regarding a man down call. Kevin Davis had passed out on the north sidewalk near LG's Steakhouse. Davis was arrested and booked at the Indio jail for public intoxication. 06/14 Saturday (69) 0050 hours — Deputy Wiggs investigated a traffic collision at Highway I I I and Adams St. He arrested Linda Paris for driving under the influence. Paris was booked at the Indio jail. 1917 hours —Deputy Barandes arrested Joshua Baker for public intoxication in the 53500 block of Ave. Juarez. 06/15 Sunday (48) 0145 hours —Deputy Feldman arrested Andrew Lemon for public intoxication in the 53000 block of Avenida Ramirez. 500 06/16 Monday (54) No significant activity 06/17 Tuesdav (74) 1821 hours — Deputy Krachman responded to the 49400 block of Eisenhower Dr. regarding an intoxicated subject. Steven Santillan was located in his room. Deputy Krachman spoke with the Santillan and cautioned him to remain in his room due to his level of intoxication. While leaving, Deputy Krachman observed Santillan walking in the parking lot. Santillan was arrested for public intoxication and booked at Indio Jail. 06/18 Wednesday (94 No significant activity. 06/19 Thursdav (63) 0010 hours - Deputy Fiebig found Michael Johnson asleep at the wheel of his vehicle at Fred Waring Drive, east of Washington Street. Johnson was arrested for active misdemeanor driving under the influence warrants. Deputy Feibig, while searching Johnson's vehicle, located a hypodermic syringe within the vehicle. Johnson was evaluated and found to be under the influence of opiates. He was booked at the Indio jail. 0145 hours- La Quinta SET Deputies conducted a traffic stop at Avenida Bermudas and Calle Monterey. Michael Edwards was arrested for possession of a loaded firearm as well as an active warrant for possession of stolen property. Edwards was booked into the Indio jail. 06/20 Friday (66) 1110 hours — Deputies Pittenger and White responded to a non -injury traffic collision at Washington and Lake La Quinta. A northbound two -axle produce truck made a left turn in front of a southbound Mercedes SUV. The Mercedes struck the rear axle of the truck, severing the axle and driveline. Initially, southbound Washington was closed but once the big rig tow truck arrived the northbound lanes had to also be closed. The road was closed for approximately one and one-half hours as traffic was diverted at Avenue 47 to the north and Avenue 48 to the south. 06/21 Saturdav (75 1028 hours — Deputy Adams responded to the 42800 block of Washington St. in reference to bloody bedding found in a dumpster. Someone had discarded some bloody sheets, pillowcases, and a pillow. Investigation led deputies to the apartment of Don Taft. It was learned that Taft had been transported to JFK Hospital regarding injuries to his head and hand. Investigations responded and assumed the follow-up investigation. 1429 hours — Deputy Donowho responded to the 52900 block of Avenida Mendoza to investigate a report of an assault with a deadly weapon. A male juvenile was found to have repeatedly assaulted and choked his sister to the point she was having difficulty breathing. The victim suffered a neck injury as well as back injuries. The victim was transported to JFK for treatment and he was booked at juvenile hall. 1650 hours -- Deputy Anderson responded to Best Buy regarding a theft. Scott Gosselin admitted he had taken a computer memory card and removed it from the packaging but changed his mind and left the property in the restroom. Gosselin was arrested and booked for attempted commercial burglary. 501 06/22 Sundav (63 1601 hours — Deputy Adams contacted Don Taft to follow-up on the bloody bedding found in the dumpster of his apartment complex. Taft denied any knowledge of the bedding and said his head and hand injuries occurred after falling off his skateboard. In response to further questioning, Taft admitted to placing the bloody items in the dumpster. An individual that had been with Taft at the hospital was located and he told Deputy Adams that Taft had told him that an unknown subject assaulted him with a metal pipe. 1715 hours — Deputy McAnallen responded to Stater Brothers market regarding a panhandler. Luther Calhoon was contacted just outside the entrance. Calhoon was found to be in possession of a hypodermic needle. Calhoon was arrested and booked for the needle and for being under the influence of methamphetamine and heroin. 2352 hours — Deputy Post conducted a vehicle stop at Tampico and Desert Club. Mike James Hartsch was arrested, issued a citation and released at the location for traffic warrants. 06/23 Monday (75) 1114 hours - While conducting a follow-up investigation of a burglary in La Quinta, Deputy Anderson located and arrested Bemardo M. Vasquez at the State Parole Office in Bermuda Dunes. Vasquez was taken to the Indio Jail where he was booked. 06/24 Tuesdav (8 2240 hours — Deputy Vanderhoof located and arrested Madeline Sabor-Cook for an active warrant for possession of an illegal drug. Sabor-Cook was located in the 54200 block of Avenida Alvarado. 2305 hours — La Quinta SET Deputies Glasper and Chancellor contacted Tammy Marriott in the 52000 block of Eisenhower Dr. Marriott was arrested for being under the influence of suspected drugs and booked into the Indio jail. 06/25 Wednesday (62) 0135 hours — La Quinta SET Deputy Hughes and Deputy Trainee Romero conducted a traffic stop at Calle Nogales and Avenida Vallejo. Mark Dickson was arrested for an active narcotics warrant and possession of marijuana. Dickson was booked into the Indio jail. ) 0400 hours- Deputies responded to a disturbance call in the 79200 block of Camino Rosada. Deputies found several people running from the scene and located two subjects with head injuries. Further investigation revealed the occupant of the residence, Ryan Baldwin, had a fight with Christopher Mcewan, At some point a .22 caliber rifle, possible retrieved from a vehicle Mcewan arrived in, was brandished and a one gunshot was fired. Both Baldwin and Mcewan were arrested for assault with a deadly weapon and booked into the Indio jail. 1245 hours — Deputies responded to numerous reports of suspicious activity in the area of Avenida Morales and Calle Sinaloa. Concerned residents called to report that the male and female adult occupants of a brown Chevrolet Camaro convertible had been seen walking in the yards of several residences. Deputies arrived and located the suspect vehicle which was occupied with the male driving and the female in the passenger seat. The vehicle fled from deputies with speeds reaching an estimated 90 mph. At the intersection of Calle Durango and Avenida Obregon, the suspect ran the stop and came within a few feet of colliding with a responding police vehicle. Pursuing deputies found the vehicle abandoned in a driveway on Avenida Cortez south of Calle Sinaloa. After an extensive search, the 18 year old driver was located hiding in the shower of the residence. The female occupant could not be located. The driver of the vehicle was arrested for reckless driving, one outstanding misdemeanor warrant, and a violation of probation. He was booked at the Indio jail. sub 06/26 Thursday (96) 0841 hours — Deputies responded to the La Quinta Bakery-Cafd regarding a shooting incident which had taken place Wednesday evening at about 7:35 p.m. A former employee had walked into the kitchen area and fired one shot into the ceiling. The suspect had quit his job earlier in the day due to a dispute over his compensation. At about 10:30 p.m., the suspect had called and left a message on the restaurant phone. The victim decided to report the incident after receiving the phone call. As deputies were investigating the incident, the suspect called and spoke to the victim. During the telephone conversation the suspect admitted to shooting the gun into the ceiling the previous night. 06/27 Friday (74) 1135 hours — Deputy Vanderhoof conducted a traffic stop at Eisenhower Dr. and Calle Temecula. The driver, Brett James Docken, was arrested and booked for two outstanding misdemeanor domestic violence warrants. 2130 hours — Deputy Wiggs conducted a vehicle stop at Avenue 52 and Silver Rock. Gaston Bailey was arrested for possession of a concealed handgun, possession of handgun while in possession of illegal drugs and possession of marijuana. 06/28 Saturday (70) 0750 hrs. -- Deputies responded to multiple reports of vandalism to vehicles where windows had been shattered (possibly with a BB or marble). Between midnight and 6:00 a.m. a total of 14 vehicles were damaged as well as a window of a residence. Specific streets affected were Victoria, Violet, Desert Fox, Coldbrook, Seeley, Milan, Verona, Ocotillo, and Monticello. This area is bordered by Washington to the west, Fred Waring to the north, Westward Ho to the south, and Jefferson Street to the east. 1437 hours — Deputy Bloomquist arrested Andres Alarcon for a misdemeanor warrant and for a misdemeanor hit-and-run that occurred at Avenue 47 and Caleo Bay. 1957 hours — Deputy Feldman contacted and arrested Casey Lee Harrison for public intoxication. Harrison was intoxicated inside the La Casita restaurant causing a disturbance. He was transported to the Indio Jail and booked. 06/29 Sundav (46 0143 hours — Possession of marijuana @ Avenida Bermudas and Calle Chihuahua in La Quinta. Deputies Taylor and Miller conducted a traffic stop at Ave. Bermudas and Calle Chihuahua. Sade Pollard was arrested for being in possession of marijuana. Sade was issued a citation and released at the location. 0219 hours — Deputies Taylor and Miller conducted a pedestrian check at Calle Tampico and Ave. Mendoza. Deputies contacted Santiago Sayas and determined that his level of intoxication was such that he was unable to care for himself. He was taken into custody and transported to the Indio Jail for the booking. 1400 hours — Deputy Martin and Cpl. Morton conducted an occupied vehicle check in the parking lot north of Wal-Mart. Gary Silva and Nicole Cater were arrested and booked for narcotics related charges. 2030 — Deputy Fiebig responded to Painted Cove and Park Street in reference to a single vehicle traffic collision. The driver, Antonio Mazari, was found to be under the influence of alcohol and subsequently arrested for DUI. Uv 06/30 Monday (65) 0642 hours- Deputy Ramsey responded to the area of Miles Avenue, just east of Washington St. in reference to a mutilated cat found on the north side of the street. A search of the area was conducted, but no investigative leads were found. Animal Control responded to the location and removed the cat. Total Calls for Service: 2,114 504 CITY OF LA QUINTA Traffic Services Team Report June 2008 Dep. Gaunt Dep. Hefley Dep. Covington Dep. Lushia Cpl. Adams Sgt. Walton SIGNIFICANT ACTIVITY The Monthly Citation Log provides a comparison over the previous month for citations issued within the city of La Quinta. The report shows 164 citations were issued during June 2008. This represents a 37.2% decrease over the month of May 2008, at 261 citations issued. However, there have been 1,453 citations issued, year to date. This represents an 18.1 % increase over the same period of time in 2007 at 1,230 citations issued. The Monthly Traffic Collision Report provides a comparison over the previous year for collisions that were reported within the City of La Quinta. The report shows 24 collisions were reported during the month of June. Currently, the residents of La Quinta are enjoying a 1.33% collision rate reduction this year-to-date, when compared with the same period in 2007. A hypothesis can be drawn from the current citation and collision trends with the city of La Quinta. Simply stated, citation issuance continues to increase during the year. As a result, the collision rate with the City has been on a steady decline since January 2007 when compared to previous years. This decline is being tracked from the year 2000. UJ City of La Quinta La Quinta Police Department Monthly Citation Activity Log June. 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 9 3 200.0% 279 316 -11.7% Excessive Speed Violations 9 3 200.0% 279 316 -11.7% Signs and Signals Citations 38 35 8.6% 339 349 -2.9% Signs and Signals Violations 38 35 8.6% 340 350 -2.9% Unsafe Turning Citations 7 5 40.0% 35 68 48.5% Unsafe Turning Violations 7 5 40.0% 35 68 48.5% Failure to Yield Citations 2 2 0.0% 13 11 18.2% Failure to Yield Violations 2 2 0.0% 13 11 18.2% Child Restraint Citations 4 2 100.0% 21 33 -36.4% Child Restraint Violations 5 2 150.0% 23 39 41.0% Safety Bell Citations 12 77 -84.4% 174 132 31.8% Safety Belt Violations 12 77 -84.4% 174 132 31.8% DUI Cites 5 7 -28.6% 56 1 5500.0% DUI Arrests 4 9 -55.6% 59 1 5800.0% Actual DUI 5 9 -44.4% 66 2 3200.0% Other Hazardous Citations 8 11 -27.3% 93 46 102.2% Other Hazardous Violations 58 127 -54.3% 544 368 47.8% Non -Hazardous Citations 64 106 -39.6% 344 184 87.0% Non -Hazardous Violations 111 194 -42.8% 839 552 52.0% Total Hazardous Citations 100 155 -35.5% 1109 1046 6.0% Total Hazardous Violations 114 172 -33.7% 1211 1113 8.8% Pedestrian Citations 2 0 0.0% 2 6 -66.7% Pedestrian Violations 2 0 0.0% 2 6 -66.7% Bicycle Citations 0 0 0.0% 0 5 -100.0% Bicycle Violations 0 0 0.0% 0 5 -100.0% Financial Responsibility 30 63 -52.4% 297 196 51.5% Radar Cites 7 2 250.0% 248 283 -12.4% Parking Cites 0 1 -100.0% 3 3 0.0% Total Hazardous Double Stat 116 234 -50.4% 1304 1211 7.7% Total Citations 164 261 -37.2% 1453 1230 18.1 % Total Violations 225 366 -38.5% 2050 1665 23.1% 506 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report June 2008 Total T/C - Public Highway Fatal Collisions Number Killed Injury Collisions Number Injured Property Damage Type of Collision Hit & Run Private Property Bicycle Collisions Number Injured - Bicycle Collisions Vehicle vs. Pedestrian Alcohol Involved Reports Taken By Patrol SRO Traffic DUTY UNKNOWN Target Team TOTAL REPORTS Counter Reports DUI Arrests Investlaations Hit and Run Assigned Primary Collision Factors Driving Under Influence Auto R/W Violation Unsafe Starting or Backing Unsafe Lane Change Other Than Driver Improper Turning Wrong Side of Road Unsafe Speed Other Improper Driving Following Too Closely Current Month New YTD Last YTD % Change 22 193 213 -9.39% 0 1 0 0 1 0 5 47 42 11.90% 6 68 68 0.00% 17 145 171 -15.20% 3 25 29 -13.79% 2 30 13 130.77% 0 4 2 100.00% 0 3 1 200.00% 0 0 1 -100.00% 6 22 16 37.50% 24 0 0 0 0 0 24 Last YTD 190 145 0 1 3 26 45 4 21 0 12 223 226 This YTD Number 7 5 2 2 2 2 1 1 1 1 Closed % Total 29.17% 20.83% 8.33% 8.33% 8.33% 8.33% 4.17% 4.17% 4.17% 4.17% 31.03% -66.67% -42.22% -80.95% 100.00% -1.33% Open Deputy Prezel CITY OF LA QUINTA Business District Deputy Report June 2008 Summary of Activitv Type of Activity Number Business Management Contacts 20 Investigations 12 Suspects Arrested / Charged 9 SIGNIFICANT ACTIVITY Worked cooperatively with the La Quinta Special Enforcement Team and served a narcotic related search warrant in the La Quinta Cove. During the service of the search warrant, powder/rock cocaine, methamphetamine, heroin and several guns were seized. Multiple suspects were arrested at the location for possession of illegal drugs and drug paraphernalia. Responded to a business in La Quinta reference a theft in progress. The suspects were located at a nearby business after they fled the scene. The suspects were captured and the stolen merchandise was recovered. The suspects were booked into jail. I continued to conduct soliciting permit checks along the Highway 111 corridor. As a result, two solicitors were arrested for outstanding warrants. Responded to the La Quinta Library reference a vandalism in progress. The suspects spray painted the men's bathroom walls and then fled the scene. The suspects were captured in the area and admitted to committing the vandalism. 53 Deputy Adonis Glasper Deputy Tim White Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team June 2008 Summary of Activitv Sgt. Mark Hoyt Deputy David Alexander Deputy Shaun Hughes Type of Activity # of Incidents Type of Activity---]# of Incidents Programs 0 ns Recovered 7 Vehicle Checks/Stops 53 Warrants Served 2 Pedestrian Checks 56 Warrants EAe 2 Follow-ups 23 Searches 11 Citations Issued 9 /Filin s 14 La Quinta SETdeputies served a narcotics related search warrant in the cove area of La Quinta. Three subjects were arrested for possession of methamphetamine, cocaine, heroin, possession of drug paraphernalia and possession of hypodermic needles. In addition, charges of maintaining a narcotics residence were filed against the homeowner. Deputies also located five handguns inside the residence. None of the weapons were registered to the persons located at the location. One of the firearms recovered was a Mac 11 machine gun with an extended magazine capable of holding fifty rounds. La Quinta SET deputies served a property related search warrant in the city of Palm Desert. The service of the search warrant was related to a commercial burglary that had occurred in the city of La Quinta. Three subjects were arrested and charged in reference to the crime. Deputies were able to recover clothing at the residence that had been worn by the suspects during the commission of the burglary. 50g Deputy Kevin Moore La Quinta M.S. Franklin E.S. Truman E.S. Adams E.S. CITY OF LA QUINTA School Resource Officer Report June 2008 Summary of Activitv Type of Activi INumber of Incidents Reports 3 Arrests 3 Bike Patrol Miles 17 Business Checks 2 Truant 0 Vehicle Checks 5 Follow-up 2 Pedestrian Checks 1 Y.A.T.. Referral 1 District Attorney Filings 0 Home Visits 0 Citations 3 Performed bicycle patrol in support of security personnel and school staff at both the La Quinta High School and La Quinta Middle School graduation events. The focus of the bicycle patrol was crowd management and traffic control. Investigated a report of a stolen golf cart from the La Quinta Sports Complex. Patrol officers located the golf cart in the La Quinta Cove and detained three male juveniles. One of the juveniles was found to be on formal juvenile probation for burglary. All three were booked into Indio Juvenile Hall. Performed random truancy sweeps of the La Quinta Cove. Transported a female student to Oasis mental health after she expressed the desire to die and began to cut her wrist. She will also be referred to a Y.A.T. probation officer. I completed two P.O.S.T. certified classes on the use of Radar and LIDAR for traffic enforcement. I will be actively monitoring and conducting speed enforcement related to traffic activity surrounding the schools for which I am responsible. 510 Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report June 2008 Summary of Activitv Type of Activi Number of Incidents Criminal Reports 2 Non -Criminal Incidents 0 Arrests 2 District Attorney Filings 2 Y.A.T. Referral 0 Vehicle Checks 1 Pedestrian Checks 0 Follow -Up 1 Truancy 0 I investigated a report of the theft of copper wire from a school building. An unknown suspect gained access to the building roof and stole copper wire valued at $1,500.00. No evidence or suspect information was located at the scene. 2. A former student was arrested and charged with robbery after he came onto campus, punched a student and stole his cell phone. After the student was arrested, he became combative and kicked out the window of a police car. Additional charges were filed against the suspect. In addition, a current student was also arrested for fighting with campus security personnel as they were attempting to detain the first student. 3. The 2008 graduation ceremonies of La Quinta High School were greatly enhanced by the cooperative support of school security personnel, La Quinta Police Department officers, Post 503 Police Explorers and members of the La Quinta Citizens on Patrol. Traffic, parking and seating continued to be the most common comments heard as parents and family members arrived for the event. .. 511 CITY OF LA QUINTA Community Service Officer Report June 2008 C.S.O. Monica Santillanes C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) Summary of ctivity Type of Activity Number of Incidents Burglary Investigations 2 Grand Theft Reports 4 PettyTheft Reports 2 Vandalism/Malicious Mischief Reports 6 Traffic Collision Response 8 Vehicle Code or Parking Citations 36 Abandoned Vehicles TaggedANarning 10 Towed Vehicles 4 Lost or Found Property Reports 4 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 28 Miscellaneous Calls 62 512 CITY OF LA QUINTA . wnmsunity Programs Coordinator Report June 2008 Thomas Fowler Community Service Officer II Summary of Activity Type of Activity Number Crime Prevention Articles and Reports 4 Community Programs 1 Community Meetings Attended 1 C.P.T.E.D.Inspections 1 Nei hborhood Watch Meetings 0 Patrol Duties 20 Hours Significant Activity 1. Assisted with traffic control and crowd management during the La Quinta High School commencement program. 2. Represented the La Quinta Police Department at the annual awards and recognition meeting of the Resort Communities Security Association. 3. Planning has begun for participation in the annual National Night Out crime prevention event. The date for this year's observation has been established for Tuesday evening, August 5th, and will be held at the La Quinta Boys and Girls Club. CITY OF LA QUINTA Post 503 Explorer Report June Corporal Andy Gerrard Explorer Sergeant Sid Miramotes practices "shoot or don't shoot" scenarios while waiting for an event to start during a 2008 Explorer Competition. 503 personnel enjoyed participating in the Las Vegas, Nevada "Ex -Con Explorer Competition". petition events included an Urban Bicycle Course, Active Shooter Scenario, Suspicious )n Stop, Unknown Risk Traffic Stop, 911 Disconnect Response, Crime Scene Response, i Challenge Wall Climb, Obstacle Course and Air Soft Gun Shoot. cs and maintaining good grades is a high priority of the Post 503 Explorer program. Sergeant Luz Martinez has the highest grade point average for all of the high school age :. Sgt. Martinez was recognized by La Quinta High School as the recipient of the "Senior award. Monthly Post 503 Explorer meetings covered First Aid, C.P.R., competition scenario practice, close order drill, marching instruction and a pizza party. Several explorers were also promoted during the month. Those promoted were: Fernando Flores to Captain, Ryan Buonarigo to Lieutenant, Angel Becerra to Sergeant, Alexander Gonzales to Corporal and Alejandra Ornelas to Guide On. Post 503 Explorers assisted with traffic control, crowd control and bicycle patrol during the La Quinta High School graduation ceremony. For information about the Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report May & June 2008 Meet Your Volunteers — Mr. Bill Kever One of the very first volunteers to sign up for the Citizens On Patrol program, COPS, Bill Kever is a July 2006 graduate of the first COPS training class. Since graduating, Bill has contributed more than three hundred hours to our community. Bill has assisted with various duties including patrol, vacation checks, community checks, health and safety fairs, La Quinta Arts Festival, crime scene control and has proven to be invaluable by assembling and refurbishing bicycles for the annual Christmas Toy Drive. Bill maintains a full time job and has been a valuable asset to the Citizens on Patrol as well as to the City of La Quinta. Summary of Activitv Community Policing Office Number Citizens On Patrol Number Monthly Volunteer Hours 300 Community Events 3 Hours YTD 934 Business Checks 78 Hours 4/03 to Present 14,180 Traffic Control 2 CPO Monthly Visits 191 Courtesy Notifications 40 CPO YTD Visits 669 Miscellaneous Activity 1 CPO Visits 4/03 to Present 10,069 Neighborhood Patrol 50 Vacation Checks 44 Patrol Hours 97.5 YTD Patrol Hours 45:7:::l Hours 7/06 to Present 2,261 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $6,455.40 Cumulative benefit since 2003: $267,001.84 515 Department Report: LA Ul TA P@LICE Served by the Riverside County SherhTs Department Crime Statistics Summary May -- 2008 Prepared for PART I: 1 2 3 4 5 6 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison -- May CRIME May May YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 5 5 27 22 BURGLARY 44 43 230 236 BURGLARY -VEHICLE 12 16 102 82 DOMESTIC VIOLENCE 20 16 77 53 HOMICIDE 0 1 1 1 NARCOTICS VIOLATIONS 13 23 80 125 ROBBERY 4 3 17 13 ROBBERY -CAR JACKING 0 2 0 2 SEX CRIME FELONY 4 4 16 14 SEX CRIME MISDEMEANOR 0 0 4 9 SIMPLE ASSAULTS 10 9 43 40 THEFT 40 85 312 346 VEHICLE THEFT 14 8 56 60 TRAFFIC CITATIONS 284 310 1554 1569 T/C NON -INJURY 29 34 147 178 DUI 11 18 67 76 T/C INJURY 7 5 37 43 T/C FATAL 0 0 1 0 CITY OF LA QUINTA DISPATCH INFORMATION - MAY 2008' TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 4.5 3 ROUTINE 10.84 1,314 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 5L Crime Distribution Table Ma -08 % of Total Ma -07 % of Total 1 AGGRAVATED ASSAULTS 5 3.01% 5 2.34% 2 BURGLARY 44 26.51% 43 20.09% 3 BURGLARY - VEHICLE 12 7.23% 16 7.48% 4 DOMESTIC VIOLENCE 20 12.05% 16 7.48% 5 HOMICIDE 0 0.00% 1 0.47% 6 NARCOTICS VIOLATIONS 13 7.83% 23 10.75% 7 ROBBERY 4 2.41% 3 1.40% 8 ROBBERY - CAR JACKING 0 0.00% 2 0.93% 9 SEX CRIME FELONY 4 2.41% 4 1.87% 10 SEX CRIME MISDEMEANOR 0 0.00% 0 0.00% 11 SIMPLE ASSAULTS 6.02% 9 4.21% 12 THEFT 24.10% 85 39.72% 13 VEHICLE THEFT F 8.43% 8 3.74% Total 196.99% 214 98.13% CITY OF LA QUINTA May 2008 Crime Distribution 50 44 45 40 35 30 25 j 20 1 3 15 IV 10 4 I 4 JU s - 0 - > z m 'Palrr y rrnrn rrn ran z ?5 m `��' n z 5 8 Month to Month Crime Comparison - May 90 80 7060 11 MayMay 208 07 50 —4443 _ 40 30 20J[&20 109 g to 01 0 00 0 a w m orb �rz ya a a c mz �_ m `am rm-'K Cm a3 r xn n y0 m nm �= r� r C,a nr Z�' �n �a m= v a o m a Year to Date Crime Comparison - May a m m <v s <z w a y 3 a < ace c <c o o a o o y� M'X ya n zc' m y� r n .. m On y� rn Gf ''3' y m Uzi, n z x m z � I 11 F I fir. C3Ir 519 Month to Month Traffic Actwty Comparison - May 350 310 300 250 200 a a May 2008 150 m May 2007 100 50 11 18 7 5 0 0 0 mEnEm TRAFFIC T/C NON- DUI T/C INJURY T/C FATAL CITATIONS INJURY Year to Date Traffic Activity Comparison -May 1800 1600 1400 1200 TD2008 1000 TO 2007 800 600 400 200 0 TRAFFIC T/CNON- DUI T/C INJURY T/C FATAL CITATIONS INJURY { i Month to Month Calls for Service Comparison March 2008 © 08-May ® 07-May 2500 2336 2000 1500 13171379 958 957 1000 500 O Total Non -Criminal Criminal Year to Date Calls for Service Comparison 14000 11928 12000------- 10000 8000 — 6775 6728 ® YTD 2008 6000 M YTD 2007 5153 4794 4000 2000 0 Total Non -Criminal Criminal 5�1. cedY 4 4 a" COUNCIL/RDA MEETING DATE: July 15, 2008 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions of the City Council Approving One -Year Time Extensions for Village Use Permit 2005-030 and Tentative Tract Map 34038 for the Construction of 20 Attached Residential Units Within the La Quinta Village, Located in an Area Bounded by Calle Tampico to the North, Avenida Villa on the West and South, and Avenida Navarro on the East. Applicant: Borrego Resort Holdings, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve one-year time -extensions for Village Use Permit 2005-030 and Tentative Tract Map 34038 for the construction of 20 attached residential units within the La Quinta Village. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. PROJECT BACKGROUND Village Use Permit 2005-030, Tentative Tract Map 34038, and Specific Plan 2005- 076 were reviewed and approved by the City Council on May 2, 2006 (Attachment 1). The Specific Plan established project -specific design and development standards separate from the development standards set by the La Quinta Municipal Codes. Although the Specific Plan does not require review for this extension, it does require that any time extension for Village Use Permit 2005-030 and Tentative Tract Map 34038 be reviewed and approved by the City Council. 522 PROJECT DESCRIPTION The project is a 2'/2 story, 20-unit condominium development on a 1.23 acre site, located within the La Quinta Village (Attachment 1). Parking for the development will be in a sub -grade parking area underneath the entire building with gated access to Avenida Villa. The building shows varied rooflines at heights ranging from 33.5 to 38.5 feet. The proposed building will have a sub -level garage and two residential levels that include 9 floor plans, ranging from 1,566 to 3,274 square feet. The building units require 66 total parking stalls, inclusive of guest parking, all of which are provided in the sub -level garage. The project as designed meets current parking requirements, including stall depth, width, aisles and support columns. There is an internal open courtyard, which contains a pool and common amenity area, surrounded on all four sides by the building. The building will be covered in a smooth textured plaster of varying colors. Pre -cast stone elements will be used on trim areas of the building faces. The roof utilizes hip and gabled designs, with ornamental rafter tails, and is covered with a 2-piece mission clay tile. Extended trellis structures emanate from the upper balconies, and tiled shed - roof awnings are placed over some second floor windows. The overall building utilizes a combination of arched and squared -angle recesses, with alternating recessed building elements and a pronounced building entry at the east (Avenida Navarro) elevation. The balcony railings are shown as being an ornamental iron. Some balcony elements of the building on the above -grade residential floors project out farther than the ground -based footprint, which is allowable by both the zoning code and the Specific Plan process. ANALYSIS Proposed Project: The proposed project was found to be consistent with the Village Design Guidelines in terms of land use, architecture and overall scale. The project scale, while at first appearing to be inconsistent within the Village context, is consistent with the scale of other recent commercial buildings which have been approved and built since the inception of the Village Design Guidelines in 1998. These buildings have set the tone for a Village theme of narrowing streets for more intimate settings and streetscapes (Old Town example). In general, through the initial approval process it was determined the proposed building design and site layout are in compliance with the La Quinta Municipal Code and with the La Quinta Village Design Guidelines. In addition, the proposed building's scale and architectural design will accentuate and compliment the adjacent Coronel office building and other buildings within the La Quinta Village. 523 Current Site Conditions: The applicant received a grading permit several months ago and proceeded with grading activity shortly thereafter. Currently, the majority of the site has been excavated to a depth of approximately 2' — 3' below street grade. A stockpile of dirt exists on the southern portion of the property that is approximately 12' above grade at its highest point. The current site condition indicates grading activity ceased months ago. The applicant has yet to secure building permits or final the tentative tract map, and it is unclear as to when construction of the project will be begin. Through enforcement of the existing grading permit provisions, Public Works staff is currently working with the applicant to facilitate either recommencement of the approved grading or remediation of the site to its pre -grading condition. The Public Works Department, in reviewing the requests for time extensions, has made some minor changes to the original Conditions of Approval. However, the revisions do not impact the project design, but rather brings the conditions to be consistent with current engineering standards. ENVIRONMENTAL REVIEW: On May 2, 2006, the La Quinta City Council approved and certified a Mitigated Negative Declaration based on the findings of Environmental Assessment 2005-552. PUBLIC NOTICE: This request was published in The Desert Sun newspaper on July 5, 2008, and mailed to all affected property owners and occupants within 500 feet of the proposed project site as required by Section 9.200.1 10 of the La Quinta Municipal Code. No comments have been received as of this report's preparation; any correspondence received interim to the public hearing will be transmitted to the City Council. PUBLIC AGENCY REVIEW: All written comments received are on file with the Planning Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES: Findings necessary to approve the proposed one year time extensions can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 524 1. Adopt the recommended Resolutions of the City Council approving one-year time extensions for Village Use Permit 2005-030 and Tentative Tract Map 34038; or 2. Do not adopt the Resolutions approving the extensions; or 3. Provide staff with alternative direction. Respectfully Johr)Kon, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Tentative Tract Map 34038 and Project Development Exhibits 5%5 RESOLUTION 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-030 CASE NO. VUP 2005-030, TIME EXTENSION 1 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 15T" day of July, 2008, hold a duly -noticed Public Hearing to consider a one- year time extension request for Village Use Permit 2005-030, a request to develop 20 residential condominium units on ± 1.23 acres, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of May, 2006, adopt Resolution 2006-050, approving Village Use Permit 2005-030, subject to a two-year approval and subject to conditions; and WHEREAS, the La Quinta Community Development Department has prepared Environmental Assessment 2005-552, and it was determined by the City Council that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did, in accordance with LQMC Section 9.200.080 D, 1, make the following mandatory finding: The proposed one-year time extension for Village Use Permit 2005-030 is justified by the circumstances of the project. Through the initial approval process it was determined the proposed building design and site layout are in compliance with the La Quinta Municipal Code and with the La Quinta Village Design Guidelines. In addition, the proposed building's scale and architectural design will accentuate and compliment the adjacent building. As the current request for a time extension does not include any amendments to the previously reviewed and approved development plans 5z' 0 Resolution No. 2008- Village Use Permit 2005-030, EXT 1 - Borrego Resort Holdings, Inc. Adopted: July 15, 2008 Page 2 and there have been no significant changes to the City's Municipal Code or the Village Design NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of a one-year time extension for Village Use Permit 2005-030 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 15`n day of July, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) 5� 7 Resolution No. 2008- Village Use Permit 2005-030, EXT 1 - 8orrego Resort Holdings, Inc. Adopted: July 15, 2008 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California S�8 CITY COUNCIL RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - REVISED VILLAGE USE PERMIT 2005-030, TIME EXTENSION 1 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. JULY 15, 2008 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-030, Time Extension 1 (VUP 2005-030) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts between these conditions, these conditions shall take precedence. 2. This approval shall expire one year after its effective date, (May 2, 2009), as determined pursuant to Section 9.200.060.D of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. The applicant shall be responsible for monitoring the approval and expiration dates. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Village use Permit 2005-030, Ext. 1 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: A. Environmental Assessment 2005-552 B. Specific Plan 2005-076 C. Tentative Tract 34038, Ext. 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) 529 Resolution No. 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 2 • La Quinta Planning Department • Riverside County Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • Waste Management of the Desert • South Coast Air Quality Management District (SCAQMD) 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 117-2008-001, and the State Water Resources Control Board's Order No. 99- 08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section (8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). 530 Resolution No. 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 — Borrego Resort Holdings, Inc. July 15, 2008 Page 3 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post -construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et. Seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and California Regional Water Quality Control Board — Colorado River Basin (CRWQB-CRB) Region Board Order No. 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project. H. Applicable discretionary New Development and Redevelopment Projects (Priority Development Projects) shall include: 1) Single-family hillside residences that create 10,000 square feet, or more, of impervious area where the natural slope is twenty- five percent (25%) or greater, including single-family hillside residences that create 10,000 square feet of impervious area where the natural slope is ten percent (10%) or greater where erosion soil conditions are known; 2) 100,000 square foot commercial and industrial development; 531 Resolution No. 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 — Borrego Resort Holdings, Inc. July 15, 2008 Page 4 3) Automotive repair shops (with Standard Industrial Classification ("SIC") codes 5013, 7532, 7533, 7534, 7537, 7538, and 7539; 4) Retail gasoline outlets disturbing 5,000 square feet; 5) Resturants disturbing greater than 5,000 square feet; 6) Home subdivisions with 10 or more housing units; and 7) Parking Lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to urban runoff. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. 7. Approval of this Village Use Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 9. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer and conditioned upon Tentative Tract 34038, Ext. 1. 532 Resolution No. 2006- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 5 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Calle Tampico (Primary Arterial - Option B, 100' ROW) — No additional right of way dedication is required from the standard 50 feet from the centerline of Calle Tampico for a total of 100- foot ultimate developed right-of-way. 2. Avenida Villa (west frontage) and Avenida Navarro (Local Streets, 60' ROW) — No additional right of way dedication is required from the standard 30 feet from the centerline of Avenida Villa and Avenida Navarro for a total of 60-foot ultimate developed right- of-way except an additional variable right of way dedication. 3. Avenida Villa (south frontage) (Local Street, 60' ROW) — The standard 30 feet from the centerline of Avenida Ville for a total of 60-foot ultimate developed right-of-way. 11. The applicant shall create perimeter landscaped setbacks along all public rights -of way as follows: A. Calle Tampico (Primary Arterial) — 20 feet from right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage facilities, mailbox clusters, and common areas shown on the Village Use Permit. 13. Direct vehicular access to Calle Tampico, Avenida Villa, and Avenida Navarro is restricted, except for the entry drive access from Avenida Villa, as shown on the Village Use Permit site plan and Tentative Tract 34038, Ext. 1. 533 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030. Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 6 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Tract 34038, Ext. 1, unless such easements are approved by the City Engineer. 16. Tentative Tract 34038 shall have been recorded prior to issuance of any permit for the main building, including foundation only permits. IMPROVEMENT PLANS - As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans 1 " = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. On -Site Precise Grading/Storm Drain Plans 1 " = 30' Horizontal 534 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 — 8orrego Resort Holdings, Inc. July 15, 2008 Page 7 NOTE: A through D to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 19. The City maintains standard plans, details and/or construction notes for elements of construction on the Public Works Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may 50-5 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 8 submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. 21. Village Use Permit 2005-030, Ext. 1 shall comply with all applicable conditions of approval of Tentative Tract 34038, with respect to Improvement Plans, Improvement Security Agreements and other appropriate requirements. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 23. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 24. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 536 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 9 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 26. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 27. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City for a substantial conformance review. 28. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 29. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 537 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ent. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 10 DRAINAGE 30. Stormwater handling shall conform with the approved hydrology and drainage report for this Village Use Permit. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 — Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 31. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 — Underground Retention Basin Design Requirements. 32. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 33. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 33A. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 36. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration 5;J :� Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 11 requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Tract 34038. In the event that said Tentative Tract is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. PARKING LOTS AND ACCESS DRIVEWAY 38. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. Al designs shall comply with the latest ADA standards and policies. 39. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 40. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed to standards as may be approved by the Public Works and Planning Directors. The final design shall place the parking level at 4 to 5 feet below street grade. 41. Use of wheel stops is permitted in the below -grade parking area, with the exception of any parallel parking stalls. Ultimate location of wheel stops are subject to review/approval of the Planning and Public Works Departments 42. Design and final location of all on -site trash and recyclables collection facilities shall be reviewed and approved by Waste Management, with the written and/or stamped plan approval to be submitted during the building plan check process. Applicant shall consult with Waste Management on design of all trash and recyclable facility collection, storage and servicing requirements, to include number and sizing of bins, location and service accessibility, and handling of green wastes. No building permit for these facilities, or any structure related or integral to them, shall be issued without Waste Management review, and final approval by the Planning Director. All gates and/or doors associated with waste facilities shall be of an upgraded design consistent with the building's color and architectural theme, and shall 539 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 12 remain secured at all times. 43. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-030. 44. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. CONSTRUCTION 45. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. FEES AND DEPOSITS 46. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 47. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 48. Permit(s) issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time said permit(s) are issued. 49. Applicant shall have paid the in -lieu park land dedication fees associated with TT 34038, prior to issuance of any permits for the building. 50. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a 540 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 13 reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. FIRE PROTECTION 51. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. Off -site fire hydrants are required every 660 feet around the perimeter of the project. 52. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 53. The water mains shall be capable of providing a potential fire flow of 4,000 gpm and the actual fire flow from any two adjacent hydrants shall be 2,000 gpm for a 2-hour duration at 20-psi residual operating pressure. 54. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Area separation walls may not be used to reduce the need for fire sprinklers. Sprinkler plans will need to be submitted to the Fire Department. 55. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note: A 1313 fire sprinkler may be considered for this project, if it is approved FDC connections may be wall mounted, contact the fire department for details. 56. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. Any submissions to the fire department are the responsibility of the applicant. 57. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 58. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 541 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 14 59. Fire Department street access shall come to within 150 feet of all portions of the 1". floor of all buildings, by path of exterior travel. Minimum road width is 24 feet clear and unobstructed with a vertical clearance of 13 '/2 feet clear. Turning radiuses shall be no less than 38 feet outside. 60. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 24 feet wide with a height of 13"6" clear and unobstructed. 61. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application) 62. Install portable fire extinguishers as required by the California Fire Code. POLICE SERVICES 63. The project shall employ use of digital cameras and sound monitors that record vehicles entering and leaving the parking level. Digital cameras shall also be located within the parking level, to keep parked vehicles under surveillance and observe any trespassing or loitering. The presence of all such cameras shall be indicated by the posting of signs. All cameras shall be monitored by a building staff member, security, concierge or other personnel as appropriate. Elevators shall incorporate monitoring with cameras and microphones, or use "see -through materials for the elevator walls. 64. Pedestrian entrance into the parking level shall be located adjacent to the vehicular entry, and shall be designed to define and clearly separate pedestrian and vehicular access so as to avoid potential pedestrian/vehicle conflicts. 65. To the extent it is feasible, stairwells shall be constructed to be open and visible, without solid walls. 66. Elevators shall be placed in close proximity to main entrances, with the entire interior in view when doors are open. No permanent stop buttons shall be installed in elevators. 67. All parking stalls and driving aisles shall be fully illuminated. Lighting shall be incorporated into the parking level design as a critical safety and security feature. 542 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 15 68. Install convex view mirrors to provide visibility around corners into any hidden spaces that cannot be eliminated in the original design. 69. Individual parking spaces shall be numbered so the exact location of vehicle theft, break-ins and other incidents can be reported. The numbering system shall not use resident/unit numbers to avoid any empty space being construed as an unoccupied residence. 70. All building lighting, particularly in the parking level, shall be diligently maintained. All parking level surfaces shall be kept clean and light-colored to reflect light. Walls and ceilings should be a glossy white or light color. PLANNING 71. The applicant shall submit a detailed project exterior area lighting plan. All lighting improvements, including parking level lighting, exterior balconies, patios, etc., shall meet the criteria set forth in Chapter 9.150 and Section 9.100.150, LQMC, as related to lighting for the site. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting, but is prohibited on exterior and interior balconies and patios. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. Plans shall include detailed specifications and photos, etc., of all exterior lighting fixtures. Landscape -specific lighting shall be submitted as part of landscape plan review. 72. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with the construction plan submittal for building permits. The method and design must be approved by the Planning Department, prior to any issuance of the main structural building permit. 73. An acoustical analysis shall be prepared for the building's interior and exterior spaces of the residential units. The analysis shall demonstrate that these areas comply with the respective interior/exterior CNEL standards of the La Quinta General Plan, as in effect at the time of building permit application. In addition, the analysis shall address the location of the project 543 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 16 in the context of surrounding land use. The Village Commercial district allows a broad range of land uses, including commercial, retail, restaurant, recreation and entertainment, all of which are in close proximity of this project. The analysis shall provide recommendations for noise reduction measures, in consideration of this. 74. The project CC&R's submitted for review by the City, shall include a comprehensive disclosure statement regarding noise, light, glare, and assembly of people associated with the Village land use designation applied to the surrounding properties. 75. A final material and color specifications plan/palette shall be submitted to the Planning Department as part of the building plan check process. The plan shall outline all exterior colors and materials to be used and shall include samples to the extent it is reasonable, in terms of sample size, quantities, etc. Once approved, the approved materials and colors shall be referenced in the architectural details, construction notes, etc. (as appropriate) of the final plan review set. 76. Based on the provisions of Condition 6.13 of the specific plan approval (SP 2005-076), technical requirements of construction drawings which result in revisions to the general building design as approved will be considered within the 5% contingency limitation as specified in said Condition. Specifically, final design of the parking level entry required to accommodate ADA mandates will be an acceptable criteria for application of the 5% contingency. Based on Specific Plan Section 4.4.1, the building may not at any height extend beyond 38 feet, 6 inches, plus 5% (40 feet, 4 inches), and only with the approval of the Planning Director. Any revisions determined to substantially deviate from the approved height parameters, or other design factor(s), shall be reviewed by the Planning Commission and City Council as a Business Item. However, the applicant shall make every effort to maintain the lowest overall heights of the building, with no point higher than 40 feet measured from the relative adjacent grade at property line. In meeting these criteria, the parking level floor grade shall be established between 5 feet (high side) and 4 feet (low side) below finish grade at adjacent property lines. 77. The building plans submitted for plan check shall incorporate the following revisions: A. The tile roof material shall be a two-piece mission clay style, and shall incorporate a full mudded treatment. 544 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 17 B. Provide recessed windows, eave extensions and other elements that will achieve a greater degree of solar control, particularly on the west building elevation. C. Building edges shall incorporate rounded corners. D. All exposed wood trellis structures shall be pressure -treated or a glue - lam construction. E. The access stairway at the southeast of the building shall be revised in a manner to reduce the appearance of excessive protrusion from the main building structure. Review of this requirement shall be accomplished at the staff level during plan check. The design shall address potential safety and security concerns, as well as better integration into the overall building design. F. All balcony, patio, courtyard, gates and other fencing shall employ authentic wrought iron in their design throughout the project. This includes the common area pool fencing. The vehicle entry gate shall be of a decorative design with a painted or other finish, and not a standard metal gate. G. Exterior lighting fixtures shall be of an upgraded quality and shall attach to the building, with no recessed lighting to be used in exterior building features; soffits, balcony and patio areas. H. The exposed stone effect shown on the courtyard elevations shall be removed, in favor of the overall smooth plaster finish. The building shall provide for bicycle facilities, through reservation of areas for bicycle storage for residents and bicycle racks and locations for visitors and guests. Such facilities shall be specifically shown on and reviewed as part of construction documents to be submitted for plan check. CULTURAL RESOURCES 78. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 79. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy for the project. 545 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 18 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. As part of the collection process, the recording and reburial of artifacts shall be evaluated in consultation with Tribal organizations. This shall include the return of artifacts to the involved Tribe(s), for potential reburial at the location of discovery of the artifact, after completion of the project earthwork. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 81. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 82. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians, if requested by the Ramona Band in writing. 83. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Ague Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 84. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to the Planning Department and shall be provided to site monitors prior to beginning of any earth -moving. 85. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates Resolution No. 2008- Cond-Rion Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 19 and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. 86. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 87. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 88. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPE AND IRRIGATION 89. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Planning Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. NOTE: Plans are not approved for construction until signed by the Planning Director. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 90. On -site landscape, landscape lighting and irrigation plans shall be submitted for review by the ALRC and approval by the Planning Director. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission, which shall conform to the provisions 547 Resolution No. 2008- Conditions Of Approval - Recommended Village Use Permit 2005-030, Ext. 1 - Borrego Resort Holdings, Inc. July 15, 2008 Page 20 of Specific Plan 2005-076 (Section 4.22, Landscaping, and Appendix C, Landscape Palette). 91. An area -specific design and landscape plan shall be submitted for the common interior courtyard and pool area, subject to review by the ALRC and final approval of the Planning Director. The plan shall address definition of private/public, passive/active, and other spatial relationships, through the use of landscaping, low walls, water features and other focal elements, shading, etc. This plan shall be approved prior to issuing a building permit for the residential units. 92. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased from within the Coachella Valley, per the requirement of the Riverside County Agricultural Commissioner. 93. Additional plant materials, such as shrubs, vines, and similar, shall be employed at the building base and planted so as to accent the blank wall areas at the lower elevations between the grade and below the first floor window lines. Use of berms shall also be considered. A retaining/planter wall plan will be required with the overall landscaping plan layout, if such walls will be provided or required. 94. All planting pots, and/or other similar containers, shall be placed at appropriate intervals and automatic irrigation shall be provided to all such containers. Second -story planter areas and/or containers shall incorporate or tie into the building down drain system, to avoid discoloration damage to the building finishes. 95. The applicant shall comply with LQMC Section 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 96. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 548 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE- YEAR TIME EXTENSION FOR TENTATIVE TRACT 34038, DIVIDING ± 1.23 ACRES INTO ONE CONDOMINIUM LOT CASE NO. TENTATIVE TRACT MAP 34038, TIME EXTENSION 1 APPLICANT: BORREGO RESORT HOLDINGS, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 15T" day of July, 2008, hold a duly -noticed Public Hearing to consider a request for a one-year time extension for Tentative Tract 34038, a request to subdivide ± 1.23 acres into one condominium lot, to allow development of 20 residential airspace condominium units, located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro, more particularly described as: LOTS 3 THROUGH 11, BLOCK 123, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14, MAP BOOK 18/82-83 WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of May, 2006, adopt Resolution 2006-049, approving Tentative Tract Map 34038, subject to a two-year approval and subject to conditions; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2005-552, and it was determined by the City Council that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the La Quinta City Council did make the following findings to justify approval of Tentative Tract 34038: The proposed Tentative Tract Map 34038 is consistent with the City's General Plan, as amended, with the implementation of Conditions of Approval to provide for adequate storm water drainage, street improvements and other infrastructure improvements. The map is consistent with the adopted Village Commercial land use designation, which does allow a residential density of up to 16 dwelling units per acre, as set forth in the La Quinta General Plan Land Use Element. 549 Resolution No. 2008- Tentative Tract 34038, EXT 1- Borrego Resort Holdings, Inc. Adopted: July 15, 2008 Page 2 2. The design and improvements of the proposed Tentative Tract Map 34038 are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper improvements and timing of their construction. 3. As conditioned, the design of Tentative Tract 34038 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 4. The design of Tentative Tract 34038 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2005-552, in which no health or safety impacts were identified for the proposed project that could not be mitigated to a level of non -significance. 5. The site for Tentative Tract 34038 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological or other physical constraints on the property that would prevent development of the subdivision. 6. The proposed site for Tentative Tract 34038 provides for the necessary right-of- way and construction of off -site improvements associated with this parcel, as required under the La Quinta General Plan. All adjacent perimeter street rights - of -way are in place, and only transitional off -site improvements will be necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures specified by Environmental Assessment 2005-552, prepared for Tentative Tract Map 34038; 3. That it does grant approval of a one-year time extension for Tentative Tract Map 34038, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. 550 Resolution No. 2008- Tentative Tract 34038, EXT 1- Borrego Resort Holdings, Inc. Adopted: July 15, 2008 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of July, 2008, by the following vote to wit: AYES: NOES: ABSENT: /_1-1�1e11� a DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA 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 551 CITY COUNCIL RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 34038, TIME EXTENSION 1 CASA LA QUINTA — BORREGO RESORT HOLDINGS, INC. July 15, 2008 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Title 13 of the La Quinta Municipal Code (LQMC). 3. Tentative Tract 34038 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2005-552 • Specific Plan 2005-076 • Village Use Permit 2005-030, Ext. 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • La Quinta Planning Department • Riverside County Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 • South Coast Air Quality Management District Coachella Valley(SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, LQMC Sections 8.70.010 at seq. (Storm water Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; the California Region Board Order No. R7-2008-001, and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 0 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SW PPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 533 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Ext. 1 Casa Le Quinta - Borrego Resort Holdings, Inc. July 15, 2008 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post -construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at. Seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project. H. Applicable discretionary New Development and Redevelopment Projects (Priority Development Projects) shall include: 1) Single-family hillside residences that create 10,000 square feet, or more, of impervious are where the natural slope is twenty-five percent (25%) or greater, including single-family hillside residences that create 10,000 square felt of impervious area where the natural slope is ten percent (10%) or greater where erosive soil conditions are known; 2) 100,000 square foot commercial and industrial development; 554 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Ext. 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 3) Automotive repair shops (with Standard Industrial Classification ("SIC") codes 5013, 7532, 7533, 7534, 7537, 7538, and 7539); 4) Retail gasoline outlets disturbing greater than 5,000 square feet; 5) Restaurants disturbing greater than 5,000 square feet; 6) Home subdivisions with 10 or more housing units; and 7) Parking Lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to urban runoff. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-0001 utilizing BMPs approved by the City Engineer. 6. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. The applicant shall offer for dedication on the Final Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The public street right-of-way offers for dedication required for this development include: 555 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Ext. 1 Casa La Ouinta - Borrego Resort Holdings, Inc. July 15, 2008 A. PUBLIC STREETS 1. Calle Tampico (Primary Arterial - Option B, 100' ROW) — No additional right of way dedication is required from the standard 50 feet from the Centerline of Calle Tampico for a total of 100-foot ultimate developed right-of-way. 2. Avenida Villa (west frontage), Avenida Navarro (Local Streets, 60' ROW) — No additional right of way dedication is required from the standard 30 feet from the centerline of the street for a total of 60- foot ultimate developed right-of-way. 3. Avenida Villa (south frontage) (Local Street, 60' ROW) — The standard 30 feet from the centerline of Avenida Villa for a total 60- foot ultimate developed right-of-way. 10. The applicant shall create perimeter landscaped setbacks along all public rights -of way as follows: A. Calle Tampico (Primary Arterial) — 20 feet from right-of-way/property line. The setback requirement shall apply to all frontages including, but not limited to, remainder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 12. Direct vehicular access to Celle Tampico, Avenida Villa, and Avenida Navarro from TT 34038 is restricted, except for the entry drive access from Avenida Villa, which shall be shown on the recorded Final Map, along with the other vehicular access restrictions. 13. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, 55a City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta — Borrego Resort Holdings, Inc. July 15, 2008 retaining wall construction, permanent slopes, or other encroachments will occur. 14. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 7FTIT11IFNEW 15. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 40' scale. IMPROVEMENT PLANS 16. As used throughout these Conditions of Approval, professional titles such as "engineer", "surveyor", and "architect", refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 19. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the 557 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the -Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 20. Prior to the approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 21. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 22. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 23. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by 558 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 24. The applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 559 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 27. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 29. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform to the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. 560 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 33. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 34. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 35. Stormwater handling shall conform with the approved hydrology and drainage report for this Tentative Tract Map. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary 5b1 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 36. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 37. As preliminary exploratory soils borings indicate no percolation for existing soils, the percolation rate will be considered to be zero. 38. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 39. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. UTILITIES 40. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 41. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 42. All proposed utilities shall be installed underground. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 5d2 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 43. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 44. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 45. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses): A. OFF -SITE STREETS 1) Calle Tampico (Primary Arterial - Option B; 100' R/W): a) No additional widening on the south side of the street along all frontage adjacent to the Tentative Map boundary. 2►. Avenida Villa (along west project boundary) (Local Street, 60' ROW): a) No additional widening on the east side of Avenida Villa along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb with tree wells at the curb side and as approved by the Public Works Director and the Planning Director. As the tree well encroaches into the Public Utility Easement, the applicant shall obtain approval of all utility purveyors prior to approval of the sidewalk/streetscape design. 563 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta — Borrego Resort Holdings, Inc. July 15, 2008 3). Avenida Navarro (Local Street, 60' ROW): a) No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Navarro right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb with tree wells at the curb side and as approved by the Public Works Director and the Planning Director. As the tree well encroaches into the, Public Utility Easement, the applicant shall obtain approval of all utility purveyors prior to approval of the sidewalk/streetscape design. c) Curb ramp and intersection curb return per City of La Quinta standards. d) Curb ramp, curb and curb return at the southerly boundary of the adjacent office building as approved by the City Engineer. 4). Avenida Villa (along the south project boundary) (Local Street, 60' ROW): a) No additional widening on the north side of the street along all frontage adjacent to the Tentative Map boundary. Other required improvements in the Avenida Villa right of way and/or adjacent landscape setback area include: b) A minimum 6-foot wide sidewalk along the existing back of curb with tree wells at the curb side and as approved by the Public Works Director and the Planning Director. As the tree well encroaches into the Public Utility Easement, the applicant shall obtain approval of all utility purveyors prior to approval of the sidewalk/streetscape design. c) Curb ramp and intersection curb return per City of La Quinta standards. The applicant shall extend improvements beyond the development boundaries to ensure they safely integrate with existing improvements (e.g., 564 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 46. The proposed gated entry to the below ground parking garage shall be designed to have guest parking access via a pedestrian call box method to alleviate stacking at the gated entry and backing out onto Avenida Villa due to refusal, as approved by the City Engineer. Additionally, the applicant shall apply for a 2-car Loading/Stopping Zone on Avenida Villa for temporary parking of visitor's vehicles to comply with the aforementioned pedestrian call box access entry. The applicant shall design the gate speed for rapid entry of the visitors and residents. Resident access shall be via transponder actuation to alleviate stacking at the gated entry. Operation and maintenance the of gated entry shall be incorporated into the project CC&R's. 47. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 48. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenida Villa along westerly property boundary) - All turn movements are permitted. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 50. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS AND ACCESS DRIVEWAY 565 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 51. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking), except where the approved plans and/or these conditions shall take precedence. Al designs shall comply with the latest ADA standards and policies. 52. The high point of the access driveway to the parking garage shall be at least one foot higher than the gutter flow line at the street. 53. Grade breaks and vertical curves at the access driveway to the parking garage shall be designed at a minimum to the Institute of Transportation Engineer's design standards and as approved by the City Engineer. CONSTRUCTION 54. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. PUBLIC SERVICES 55. The applicant shall comply with all applicable requirements of the Riverside County Fire Department, as set forth under approval conditions for VUP 2005- 030, Time Extension 1. Any additional requirements not addressed therein shall also be met. MAINTENANCE 56. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. Applicant shall submit CC&R's for the project for review by Public Works and Community Development, prior to their recordation. 57. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks, which shall be reflected in the tract CC&R's. FEES AND DEPOSITS 58. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts 566 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta--Borrego Resort Holdings, Inc. July 15, 2008 shall be those in effect when the applicant makes application for plan check and permits. 59. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program, as in effect at the time of issuance of building permit(s). 60. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 61. Tentative Tract 34038 shall provide payment of an in -lieu park dedication fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required is 0.168 acres. The fee amount will be determined when the appropriate land value information is submitted. The in -lieu payment(s) shall be based upon this acreage requirement. Payment of the in -lieu fee shall be made no later than prior to, or concurrently with, recordation of the first final map within the Tentative Map. CULTURAL RESOURCES 62. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 63. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 64. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 65. The conditions of approval for this item shall be included in the submitted report, "A Cultural Resources Survey of the Proposed Casa La Quinta Project, 567 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 Riverside County, California", prepared by Foothill Archaeological Services, prior to issuance of first permit requiring monitoring. 66. Pursuant to their request, the monitoring crew shall include a member of the Ramona Band of Cahuilla Indians, if requested by the Ramona Band in writing. 67. If Native American cultural resources are discovered during monitoring or the subsequent construction phase, the Morongo Band of Mission Indians, Ramona Band of Cahuilla Indians and the Agua Caliente Band of Cahuilla Indians, shall each be notified and allowed to consult on the discovery and its disposition. PALEONTOLOGICAL RESOURCES 68. Prior to groundbreaking, a field survey shall be conducted by the applicant in order to identify and document potential surface fossiliferous resources. A report of findings from the field survey shall be transmitted to the Planning Department and shall be provided to site monitors prior to beginning of any earth -moving. 69. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth - moving permit, or before any clearing of the site is begun. 70. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 71. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 568 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 72. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. LANDSCAPE & IRRIGATION 73. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 74. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 75. The applicant shall submit all landscape plans, to include landscape lighting, for approval through plan checking by the Public Works Department. Planning Department review will take place during this plan check process. When plan checking has been completed by the both Departments, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. Additional landscape conditions under VUP 2005-030, Time Extension 1 are hereby incorporated by reference. NOTE: Plans are not approved for construction until signed by the Planning Director. All landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 80. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MISCELLANEOUS 81. Time Extension #1, which grants a one year extension from the original expiration date of May 2, 2008, shall expire on May 2, 2009, unless extended pursuant to the provisions of the La Quinta Municipal Code. The 569 City Council Resolution 2008- Conditions Of Approval - Recommended Tentative Tract 34038, Time Extension 1 Casa La Quinta - Borrego Resort Holdings, Inc. July 15, 2008 applicant shall be responsible for monitoring the approval and expiration dates. 570 F ATTACHMENT 1 IL 571 c lh Ea 4 Is £ g p d b o e e e ®®e ® ® ®©® OOOOx _ VXvcmV <OVl X.KP110X V YIGGC a+ OWVAIM VOBIV II R rV II iYH['b A[RT 3.L0.0ro f B N 5oq i� I 1 VG •rmmto-vmz ova s' i w= YI 'aw axamv 201 2"9�� ^ � h � � R IF MMXI AI=-IrL[N Y j, i� p: FfKL I.CI.KWM y19`� q 5. 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