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2009 04 21 CCOr# 4 40dja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, APRIL 21, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-029 Ordinance No. 466 CALL TO ORDER Roll Call: Council Members: Franklin, Henderson, Kirk, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. City Council Agenda 1 April 21, 2009 001 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MONROE STREET AND AVENUE 53 (APNs: 767-230-001, -002, AND -003►. PROPERTY OWNER/ NEGOTIATOR: RHKIDS, LLC, RON HAKAKIAN. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF PROCLAMATION TO THE RIVERSIDE COUNTY DEPARTMENT OF MENTAL HEALTH IN HONOR OF MAY AS MENTAL HEALTH MONTH. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 7, 2009. ». 002 City Council Agenda 2 April 21, 2009 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 APRIL 21, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED FEBRUARY 28, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED FEBRUARY 28, 2009, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2009. 4. APPROVAL OF AN AGREEMENT WITH SUNLINE TRANSIT AGENCY TO SELL PASSES AT CITY HALL. 5. APPROVAL OF AN APPROPRIATION FROM THE QUIMBY FUND FOR A REFUND OF FEES TO AMERICAN LAND LIQUIDATORS, INC. FOR TRACT MAP 33717. 6. APPROVAL OF AN UPDATED HOUSING RELOCATION PLAN FOR CERTAIN REAL PROPERTY LOCATED AT 46-130 DUNE PALMS ROAD. 7. APPROVAL OF AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE ABANDONMENT, REPLACEMENT, AND RELOCATION OF THE 6" WATER PIPELINE WITHIN THE VILLAS OF LA QUINTA, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 1 WITH PARSAM CONSTRUCTION, INC. TO CONSTRUCT THE CVWD WELL SITE WALL ON AVENUE 50. 8. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32279, MIRAGE AT LA QUINTA, STANDARD PACIFIC COACHELLA VALLEY. 9. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE VILLAGE WAYFINDING SIGN PROGRAM, PROJECT NO. 2007-04. 10. ADOPTION OF A RESOLUTION APPROVING AMENDMENTS TO THE JOINT POWERS AGREEMENT OF THE PALM SPRINGS DESERT RESORTS COMMUNITIES CONVENTION AND VISITORS AUTHORITY. 11. ADOPTION OF CITY OF LA QUINTA 2009/2010 ECONOMIC DEVELOPMENT PLAN. City Council Agenda 3 April 21, 2009 ^ 003 12. ADOPTION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2009/2010, AND ADOPTION OF A RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. 13. APPROVAL TO AWARD A CONTRACT TO TESERRA FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-13. 14. APPROVAL TO AWARD A CONTRACT TO YOUNG ELECTRICAL SIGN COMPANY FOR THE CITYWIDE LANDSCAPE LIGHTING MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-14. 15. APPROVAL TO EXCUSE CHAIRMAN ED ALDERSON'S ABSENCE FROM THE MAY 12, 2009, PLANNING COMMISSION MEETING. 16. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR DESIGN OF SIDEWALKS WITHIN THE VILLAGE AREA. 17. AUTHORIZATION OF OVERNIGHT TRAVEL FOR FOUR MEMBERS OF THE CITY COUNCIL TO ATTEND THE 2009 LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM IN SAN DIEGO, CALIFORNIA, MAY 27-29, 2009. 18. APPROVAL OF A CONTRACT WITH FURINO/GREENE CREATIVE FOR PROFESSIONAL MARKETING SERVICES. BUSINESS SESSION 1. CONSIDERATION OF THE SILVERROCK RESORT 2009/2010 ANNUAL PLAN. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A CONTRACT HF&H CONSULTING, LLC FOR AB 2009/2010 AND 2010/2011 . A. MINUTE ORDER ACTION EXTENSION FOR TWO YEARS WITH 939 SERVICES FOR FISCAL YEARS r City Council Agenda 4 April 21, 2009 " 11m STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 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 (KIRK) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 12. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 13. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 14. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 15. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 16. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 17. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 18. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 19. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 20. HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 19, 2009 21. PLANNING COMMISSION MINUTES OF FEBRUARY 24, MARCH 10, AND SPECIAL PLANNING COMMISSION/ALRC MINUTES OF MARCH 10, 2009. 22. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF FEBRUARY 4, 2009 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS - NONE B. UPDATE ON GREEN AND SUSTAINABLE PROGRAM 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR MARCH 2O09 n City Council Agenda 5 April 21, 2009'-• 005 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR MARCH 2O09 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR MARCH 2O09 8. PUBLIC WORKS DEPARTMENT REPORT FOR MARCH 2O09 9. POLICE DEPARTMENT REPORT FOR MARCH 2O09 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. WIT111 A ky, ■ 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 A RESOLUTION FOR TENTATIVE TRACT MAP 36089 FOR SUBDIVISION OF 8.45 GROSS ACRES INTO TWO LOTS FOR CONDOMINIUM PURPOSES LOCATED AT THE SOUTHWEST CORNER OF MILES AVENUE AND SEELEY DRIVE. DOLPHIN LA QUINTA, LLC. A. RESOLUTION ACTION City Council Agenda 6 April 21, 2009...,.11 006 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2009/2010 THROUGH 2O13/2014 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). A. RESOLUTION ACTION 3. PUBLIC HEARING TO CONSIDER ORDINANCES AMENDING TITLE 9, ZONING, AND TITLE 13, SUBDIVISION REGULATION TO: 1) UPDATE THE LIST OF ZONES (9.20.010); 2) UPDATE RESIDENTIAL REAR SETBACK (9.50.030); 3) UPDATE COVE RESIDENTIAL MINIMUM DWELLING UNIT SIZE (9.50.030); 4) UPDATE FENCING REGULATIONS REGARDING VINYL MATERIAL (9.50.090); 5) CORRECT THE GUESTHOUSE PROVISIONS (9.60.100); 6) REQUIRE A SPECIFIC PLAN IN CERTAIN COMMERCIAL ZONING DISTRICTS (9.70.030 AND 9.90.040); 7) IDENTIFY TOBACCO AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040); 8) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (9.200.070 AND 13.04.080); 9) AMEND PROCEDURES FOR MODIFICATION BY APPLICANT (9.200.090); 10) CORRECT THE FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAPS (13.12.130); 11) SPECIFY THE TIMING OF APPRAISALS FOR PARKLAND FEES (13.48.060)P; AND 12) REMOVE TEXT REFERRING TO A FORMER GENERAL PLAN POLICY (13.48). A. TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING C. TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING D. INTRODUCE ORDINANCE NO. ON FIRST READING 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING AN INCREASE OF THE VEHICLE IMPOUND COST RECOVERY FEE. A. RESOLUTION ACTION City Council Agenda 7 April 21, 2009 007 ADJOURNMENT The next regular meeting of the City Council will be held on May 5, 2009, 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 April 21, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on April 17, 2009. DATED:/April 17, 2009 X VERONICA J.6MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 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 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 8 April 21, 2009 r1 008 � D s CF`If OF 00 COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Demand Register Dated April 21, 2009 RECOMMENDATION: Approve Demand Register Dated April 21, 2009 BACKGROUND: Prepaid Warrants: 82344 - 823641 82365 - 82397) Voids) Wire Transfers) P/R 35681 - 35695) P/R Tax Transfers) Payable Warrants: 82398 - 825141 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash - RDA r�, q—dc,�� John M. Falconer, Finance Director 72,920.88 92,951.77 (12,268.99) 458,974.03 240,255.31 61,164.43 929,716.53 $1,843,713.96 $1,638,022.1 1 $205,691.85 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING "•.1) 009 CITY OF LA QUINTA BANK TRANSACTIONS 04/01/09 - 04/14/09 04/01/09 WIRE TRANSFER - HEALTH PREMIUM $99,203 00 04/01/09 WIRE TRANSFER - PERS $2,534.06 04/01/09 WIRE TRANSFER - DEBIT SVC PYMT $143,189.49 04/03/09 WIRE TRANSFER - ICMA $14,426.60 04/03/09 WIRE TRANSFER - PERS $60,901 10 04/03/09 WIRE TRANSFER - TASC $1,077 04 04/03/09 WIRE TRANSFER - LANDMARK $137,642 74 TOTAL WIRE TRANSFER OUT $458,974 03 �' 010 m o \ YJ 1 o O e m N N o r v P UQ i r v O 1 20 r O N m P v b .1 N v m WNWN W 1 UF- O P b �t M a z a z o M WW W ao a „w 1 Z 1 � �Q 1 u x � �[ u � w • x z i O Z Z w1 W 1 m 1 Qw. . 00 00 000 mm NN NN 00 OPP �t �t ObNNr•+PN Ob N.ymv.�NN OO O \ 00 Oo oOo mm NN NN oo mPr �f �t bb�i b�irbbmP�r O.Ir �tm o0 U 1 W U i u I U N N N o m N O N b b b b N N O O N M b N N ¢ 1 ZI-i rr =0 rMN mm PP NN .yNNN.+O .�ObM mom+ PPO mm 1 QO 00 rtiP bb �t �t NM NN .� Nb NNb �t Phi mm i fLL 1 00 .+ � MM M MtiM M r ti �z 1 i wl-1 l zwl z� .i O .+M O P � PP r rr�1v���N�tb O.INbN.a O o m o0 0 .y o o NN o 000000NNNNbbbbbo O bb N ri rl .y '+��OOo000000.� o N N N v v v v r v v v v v v v v v a v m E Z� '+ N bb O .+ N .y '+�+ N MMMMNNNNNNNNNNNN O Z OU 1 1 1 1 1 � .� O .+ti O N �t .+ NN �t �t �t vet �t �iNNNNNNNNNb O Y U I e o 0 0 0 o N o 0 o N o 0 0 o N o 0 o e o 0 0 0 0 o e o z Q� e o 00 0 o r o 00 0 oe00000000000000 0 ¢ N o bb o �t �+ �1 �1 �t N rrrrNMMMMMMMMMMM o y O r 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 1 � W 1 i N i 1 H i UI � W P P P P P P P P P P P P P P P P P P P P P P P P P P P P K O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N W I f M M M M M M M M M M M M M M M M M M M M M M M M M M M M S 1 Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O U 1 p \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ v v Vv v v v v vv v vvvvvvvvvvvvvvvv v W O O O O O O O O O O O O O O O O O O O O O O O O O O O O J m Q Q •Z � a �a 1 N 1 r Z � K b r rr M r b r bb r NbrmPO.�N M�tNbrmPO M � � W ..� o oe o 0 o e .+.i O a0mm ma0PPPPPPPPPPo 0 O � SO 1 N N NN �t N N N NN N �t v�tVv�t �%vv ��TvvQVN v u 1 U Z 1 M M M M O M M M M M M M M M M M M M M M M M M M M M M O U in ¢ to 0 o eo a o o e o0 0 000000000000000o a 1 > M LL a w q w z w 6 U K Q C Z J > w 3 LL O O 1 O VI W J W Y J Z Q M Z M Z .0w. ¢ Q O Q ¢ Z P9 C i g E l W W m O Y- Z¢. f Z hl J J J V w Z. 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ZU z .. z z z ace W »> 1 aw z z z i z z z MW 0 momWMW 1 nQ Q a a a Q Q a zo: m asz 1 rp -� as 000 1 1 051 a •� c� cE.y OF'CKF'O�` COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Receive and File Treasurer's Report as of February 28, 2009 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File Treasurer's Report dated February 28, 2009 for the City of La Quinta. CHARTER CITY IMPLICATIONS: 1►[9M BACKGROUND AND OVERVIEW: Receive and File Treasurer's Report dated February 28, 2009 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. -• 052 Respectfully submitted, 4Kb� J M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta y 053 2 TieY' °s +:aQulxfw MEMORANDUM TO La Quetta City Council FROM John M. Falconer, Finance Director/Treasurer SUBJECT Treasurer's Report for February 28, 2009 DATE March 31, 2009 Attached is the Treasurer's Report for the month ending February 28, 2009. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF US Treasuries (2) US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Mutual Funds 56,149,553 98,783,348 10,456,335 4,991,524 10,000,000 1 (4,500,000) (2,500,000) 0 21,940 18,645 0 902 0 51,649,553 108,805,288 7,974,980 0 4,992,426 0 (4,500,000) 10,021,940 (2,481,355) 0 902 0 Subtotal $ 170,380,760 $ 10,000,000 $ 7,000,000 $ 41,487 $ 173,422,247 $ 3,041,487 Cash 3 16,248,981 9,932,415 1 6,316,566 9,932,415 Total $ 186,629,741 $ 67,585 1 $ 7,000,000 $ 41,487 1 $ 179,738,813 $ 6,890,928 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code, and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. 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 3 3) oy John M Falconer Date 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 054 s Treasurer's Commentary For the Month of February 2009 Cash Balances — The portfolio size decreased by $6.9 million. The major reasons for the decrease in cash were Redevelopment Agency (RDA) pass thru payments. Cash on hand was $6.4 million which was required to pay a $5.9 million debt service payment March 1st Investment Activity — The average maturity of the portfolio decreased by 7 days to 75 days at the end of February. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. Agency Paper was replaced with U.S. Treasury Bills in February. The sweep account earned $138 in interest income for the month of February and the bank fees for the month were $ 1,862 which resulted in a net decrease of $ 1,724 in real savings. Portfolio Performance — The overall portfolio performance decreased by twelve (12) basis points from the prior month and ended at 1 .1 1 % for the month, with the pooled cash investments yielding 1.23%. The portfolio yield will continue to decrease because of market conditions and the treasurer's decision to limit reinvestments in U.S. Treasury securities due to the credit crisis. With the average maturity of 75 days, the portfolio yield should continue to drop downward based upon reinvestments at lower rates. The Treasurer has several longer term investments helping to keep yields higher as interest rates decline, but they will gradually mature and result in a lower yield. At this time last year, the portfolio was yielding 3.85% which reflects the current interest rate environment. Looking Ahead Due to the current liquidity crisis impacting financial and business institutions the Treasurer is concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. The Treasurer will not be investing in corporate notes, commercial paper or GSE's due to the current economic conditions affecting the financial markets; but instead will be investing in short term (less than one year) U.S. Treasury Bills. 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[|!§! §{!|!| | ! ! . �\)| \\\)() \( \\} Hui] §84- !.• r=,. !,,!!" • ' � §\))\ MH j§ •!! ` �|) !}!)/ ][ \ lb }( (()}§ §)._ \ \ _ { � 10 * 3 061 City of La Quetta Comparative Rates of d erest Febmary 28, 2009 Monib uly 2002 gust 2002 ept2002 ct2002 ov 2002 ec 2002 an 2003 eb 2003 ar 2003 pr2003 ay 2003 I ns 2003 uly 2003 gust 2003 ept 2003 ct 2003 ov 2003 ec2003 an 2004 eb 2004 ar2004 pr2004 ay 2004 ne 2004 uly 2004 gust2004 pt2004 Oci2004 Nov 2004 Dec 2004 Jan 2005 Feb 2006 Mar2005 Apr2005 May2005 June 2005 FY 05106 July 2005 Augus12005 Sep12005 Oct 2005 Nov2005 Dec 2005 Jan 2006 Feb 2006 Mar2006 Apr2006 May 2006 June 2006 FY 06/07 July 2006 August 200f Sept2006 Oc12006 Nov 2006 Dec 2006 Jan 2007 Feb 2007 Mai-2007 Apr200➢ May 2007 June 2007 FY 07/08 July 2007 August 2007 Sept200] Oct200) Nov200] Dec200] Jan 2008 Feb 2008 Mar 2008 Apr2008 May 2008 June 2008 FY 08109 July 2008 Augus12008 Sept 2008 Oct 2008 Nov 2008 Dec 2008 Jan 2009 Feb 2009 Mai-2009 Apt-2009 May 2009 June 2009 Clty of La Q 1a Annualized Form s Fabled Cash Fiscal A and Overall 246% 100% 2,05% 245% 127% 20]1 246% 126% 210% 100% 209% 232% 100% 202% 223% 100% 180% 211% 080% 162% 199% 059% 174% 201% 075% 178% 198% 072% 176% 186% 073% 154% 1 )3% 049% 140% i 66% 052% 143% 165% 045% 135% 165% 049% 12 1 159% 048% 136% 164% 048% 138% 167% 057% 141% 158% 030% 137% 165% 030% 138% 150% 050% 133 % 150% 050% 133% 154% 050% 136% 169% O47% 162% 173% 050% 168% 173% 050% 157% 1 79% 1 07% 1 68% 179% 114% 172% 1 79% 1 43% 173% 189% 223% 208% 200% 225 % 212% 216% 226 % 222% 216% 267% 243% 227% 269% 249% 247% 270% 258% 259% 310% 283% 265% 311% 287% 264% 311% 281% 307% 348% 320% 333% 351% 334% 370% 353% 355% 381% 363% 367% 411% 400% 406% 414% 401% 409% 421% 445% 431% 430% 446% 437% 467% 448% 460% 474% 498% 483% 493% 500% 496% 494% 501% 497% 498% 501% 499% 500% 502% 5010 504% 503% 503% 508% 504% 506% 518% 512% 516% 519% 513% 517% 521% 503% 515% 520% 514% 515% 620% 505% 516% 519% 488% 510% 521% 490% 512% 517% 485% 508% 516% 486% 506% 511% 485% 502% 503% 46% 496% 495% 343% 445% 458% 333% 422% 412% 324% 385% 407% 283% 367% 345% 327% 341% 314% 327% 317% 309% 194% 286% 299% 1.93% 271% 316% 192% 288% 281% 192% 264% 266% 261% 261% 238% 236% 236% 160% 018% 142% 136% 018% 123% 123% 018% 111% Average ill 139 121 109 163 13➢ 131 117 92 74 123 131 110 80 121 98 117 140 120 155 137 137 209 214 1➢2 167 112 113 145 109 104 120 93 64 113 73 84 ]6 65 96 68 112 ]3 110 92 6] 78 95 48 53 67 62 80 64 45 67 42 32 85 129 109 129 116 99 123 96 86 14 82 63 80 62 51 3] 29 64 116 82 ]5 But Noteonth Cloyed, Two Year73%64%62%55 %29%27%16%20%18%17%10%6%8%6%1%4%3 T %9%0%1%1%9% 138% 173% 1 74% 1 78% 195% 2 04% 2 37% 2 56% 256% 285% 285% 309% 311% 322% 354% 3 69% 3 75% 375% 4 16% 420% 444% 458% 463% 4 74% 484% 511% 506% 4 97% 500% 496% 4 94% 4 90% 498% 495% 4 88% 4 84% 481% 481% 4 80% 4 59% 4 00% 3 96% 3 34% 339% 231% 2 07% 1 50% 170% 192% 214% 170% 188% 229% 275% 169% 189% 214% 238% 142% 179% 196% 200% 090% 140% 172% 160% 015% 049% 104% 125% 005% 025% 059% 088% 015% 035% 043% 088% 030% 050% 061% 088% 2 18% 2 08% 213% 207% 1 45% 0 9➢% 031% 048% 2 59% 260% 249% 230% 231% 210% 1 95% 198% 1 86% 1 80% 170% 1 65% 1 63% 64 % 60 % 1 57% 1 55% 1 53 % 1 44% 1 47% 145% 1 43% 1 43% 1 60% 1 67% 77% 89% 200% 213% 2 26% 237% 23 % 272% 286% 2 97% 308% 318% 3 32% 346% 364% 381% 3 96% 404% 4 14% 431% 4 56% 4 70% 485% 495% 502% 510% 513% 513% 516% 518% 521T. 522% 525% 525% 526% 525% 523% 514% 496% 4 80% 462% 4 16% 3 78% 340% 307% 2 89% 279% 2 78% 2 77% 2➢1% 2 57% 2 35% 205% 1 87% "1 062 11 O N N d � w LL C � V L CY 0 co O (� N N L � E 0 M CD CL 0 4) (h 0 LO N d � co O / N — d � U y fa N Zi E 'N ao w v O a F E N Q F U Z ii T CN N co N 0 N U 0 O v it a o L $I H C C ol N O O MO O O I O Un WO U') O N O IL 063 12 ceity/ 4 Xi& Qumraj COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Receive and File Revenue and Expenditure Report for February 28, 2009 and Investment Summary Report for the Quarter Ending March 31, 2009 RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File the Statement of Revenue and Expenditures for February 28, 2009 and Investment Summary Report for the Quarter ending March 31, 2009 for the City of La Quinta. 064 Respectfully submitted, elf— o n M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for February 28, 2009 and Investment Summary Report dated March 31, 2009 065 2 CITY OF LA QUINTA REVENUES -ALL FUNDS 07101/2008 - 0212812009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $43,282,52300 $19,500,42635 45.10% Library 2,628.60000 0.00 0.00% Gas Tax Revenue 988,800.00 526.133.69 5320% Federal Assistance 186,11000 6,885.00 3.70% JAG Grant 0.00 000 0.00% Slesf (Cops) Revenue 100.500 00 250.00 0.20 % Indian Gaming 214,826.00 101,985.73 47,50% Lighting 8 Landscaping 927,900.00 499,750.06 53,90% RCTC 4,063,26800 1,238,23807 30.50% Development Funding 000 000 0,00% Crime Violent Task Force 81,489.00 56.704.59 69 60% AS 939 27,500.00 15,85360 57.60% Quimby 253,90000 168,30799 66.30% Infrastructure 6,000.00 4,433.83 73.90% Proposition lB 1,223,80300 612,915.42 50A0% South Coast Air Quality 53,400 00 28,516 95 53 40% Transportabon 993,000.00 771,390.07 7770% Parks 8 Recreation 60,000 00 47,722 00 79.50% Civic Center 100,00000 89,20277 89.20% Library Development 30,000.00 23,77107 79.20% Community Center 35,000.00 16.533.82 4720% Street Facility 40,300 00 27,832 03 69,10% Park Facility 4,000.00 2,270.00 56.80% Fire Protection Facility 20,000 00 12,563.30 62.80% Arts In Public Places 152,044.00 136,630 80 89.90% Interest Alloce6on 0.00 482,409.76 000% Capital Improvement 120,279,517.00 18,656,910 26 15 50% Equipment Replacement 773,88100 753,75340 97.40% Information Technology 524.201.00 510,420.26 97.40% Park Equipment 8 Facility 447,694 00 432,063 50 96.50% SilverRock Goff 3,369,30100 1,734,937.29 51.50% SilverRock Goff Reserve 71,386 00 1,86917 2.60% LQ Public Safety Officer 2,425.00 2,225.93 91 80% La Quinta Financing Authority 6,611,444.00 4,314,888.13 65,30% RDA Project Area No. 1 66,726,729 00 33.238,602 93 49 80% RDA Project Area No. 2 32,016,346.00 15,759,993.14 49.20% Total 1 $286.295,889.00 $99,776,390.91 3490% 066 s CITY OF LA OUINTA EXPENDITURES - ALL FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT FUNDS snare Library 1,762.207 00 22133468 0.00 000 1,540,87232 70821100 126% 377% Gas Tax 1,136,88700 186,11000 42B,67600 23,96785 000 162:142.15 129% Federal Assistance 000 000 000 000 00% JAG Grant 123,07800 000 000 123,07027 % Slesf(Caps) Revenue 214.82600 101,98573 000 112,84027 7 475% Indian Gaming 927,90000 618,59989 000 309,30011 667% Lighting B Landscaping 3,744,87700 919,84707 000 2,825,02993 246% RCTC 000 000 000 000 00% Development Agreement 52,100 00 24,698 37 000 27,401 63 47.4% CV Violent Crime Task Force 60,18800 000 000 60,18800 00% AS 939 9,030,13100 66,300.90 000 8,963,83010 07% Quimby397,67600 0.00 000 397,57600 00% Infrastructure 1,223,80300 611,70000 000 612,10300 500% Proposition 16 2M,991 000 South Coast Air Quality 8,37,500100 "8,801 2,18,17423 000 36,140. 5,19,3250.81 296 Transportation 34,040 18,1664 000 16,0475 485% 485% Recce 43475000 24.64326 000 57.1% Civic Center 480 000 23,000 000 25,10fi 73 25,0673 485% LibraCenter Library Development 000 000 053 02% Community Center 2,484,56300 5,0000 020 000 2,479,53800 00% Street Facility 000 ,400 000 000 00% Pent Facility 23,,200 11,,3972 000 9 FireAds 6900000 226000 000 69,802723 4600280 325% 325% Ads In Public Places In Public 000 0,9 000 000 00% Interest Allocation 12888,64 1120,7198610 1022530 101,1.7008515,824 31 136% Capdallmproplace OD 66,000 Equipment Replacement 627,82700 251,64846 37,1788 39.096 54 401% 451% Information Technology 109.56500 49,388 8 427,9240 088 1,000 SQ09625 Park Maintenance Facility 325.050 4,320.09500 2,727,92406 000 1,597,17094 631% 631% SilverRock Res 0.00 000 000 000 0.0% SilverRock Reserve 2,00000 0.00 27.314 00% LO Public Safety Officer 6,612,24400 4,92 4,324,92938 000 2,287,3142 La Ouinta Financing Authority 121,456,30600 38,187,19138 000 83,269,11462 314% 314% RDA Project Area No 1 45,620,91900 25,920,32988 000 19,700,58912 568% RDA Project Area No 2 oa 067 4 CITY OF LA QUINTA 07/01/2008-0212812009 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,838,600.00 1,122,1045E 1,716,495.42 39.530% No Low Property Tax Distribution 3,554,125.00 2,192,360.86 1,361,764 14 61 680% Statutory Tax 274,069.00 254,20889 19,86011 92.750% Sales Tax 6.029.400.00 2,970,102.28 3.059,29772 49.260% Sales Tax Reimbursement 2,202,600.00 1.190.55514 1,012,044 86 54 050% Document Transfer Tax 573,760.00 280,991.49 292,76851 48.970% Transient Occupancy Tax 5,320,000.00 1,917,276.43 3.402,723.57 36.040% Transient Occupancy Tax- Mitigation Measures 305,400.00 7,751 37 297,648.63 2,540% Franchise Tax 1687400.00 753,134.70 934,26530 44630% TOTAL TAXES 22,785,354.00 10,688.48574 12.096,868.26 46.910% LICENSE & PERMITS: Business License 279,20000 182,504.40 96,695.60 65370% Animal License 19.70000 15,983.50 3,716.50 81A30% Building Permits 248,451.00 238,754 20 9.696.80 96.100% Plumbing Permits 37,523.00 28,093.25 9,429.75 74.870% Mechanical Permits 21,18400 18,594.80 2,589.20 87.780% Electrical Permits 24.38300 31,579.05 (7,196.05) 129510% Garage Sale Permits 10.700.00 9,840.00 860.00 91.960% Misc Permits 70939.00 7140156 (462,56) 100.650% TOTAL LICENSES & PERMITS 712,080.00 596,750 76 115,329.24 83 800% FEES: Sale of Maps & Publications 2,100.00 1,71304 386.96 81 570% Burrtec Admn Cost Reimb/AB939 0.00 58.87150 (58,871,50) 0.000% Community Services Fees 329,414.00 284.597.87 44,818 13 86 400% Finance 250.00 680.00 (430,00) 272.000% Bldg & Safety Fees 265,971.00 173,918.12 92,052 88 65.390 % Community Development Fees 70,000.00 57,72470 12,275.30 82460% Public Works Fees 401,200 00 281,68850 119,511.50 70 210% TOTAL FEES 1,068,935.00 859,193.73 209.74127 80.380% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,942,100.00 1,972,618A4 1,969,48156 50040% Motor Vehicle Code Fines 94,500 00 62,881.82 31,618.18 66.540% Parking Violations 59,500.00 33,608.00 25.692.00 56,480% Misc. Fines 116,000.00 116,11Z05 (117.05) 100.100% AB939 92.30000 0.00 92,300.00 0.000% Federal Govt Grants 5,40000 0.00 5,400.00 0.000% County of Riverside Grant 4,645,841.00 164.397 72 4,481,443 28 3 540% State of California Grant 39,562 00 4,21544 35,346 56 10.660% Fire Services Credit 5,053,10000 2,146,604.85 2.906,495.15 42,480% CVWD 16,800.00 000 16,80000 0000% CSA152 Assessment 23866400 238,66371 0.29 100.000% TOTAL INTERGOVERNMENTAL 14,303.76700 4,739,107.03 9.564,659.97 33130% INTEREST 4,037,478.00 2,479,188.69 1.558,289.31 61400% MISCELLANEOUS Miscellaneous Revenue 10,900.00 27,816.98 (16,91698) 255.200% Assmnt Dist Surplus 0.00 1,015.34 (1,015.34) 0,000% Other Mitigation Measures 0.00 0.00 0.00 0000% Litigation settlement 000 0.00 0.00 0.000% Cash Over/(Short) 5000 (2.65) 52.65 -5 300 % TOTAL MISCELLANEOUS 10,950.00 28,829.67 (17,679.67) 263280% TRANSFER IN 363,959 00 108.870.73 255.088 27 29.910% TOTAL GENERAL FUND 43.282.523.00 19,500,426.35 23,782.096.65 45,050% CITY OF LA QUINTA 07/01/2008 - OV2812009 REMAINING GENERAL FUND EXPENDITURE SUMMARY ADJUSTED BUDGET EXPENDITURES ENCUMBERED BUDGET BY DEPARTMENT GENERAL GOVERNMENT: LEGISLATIVE 1,5101 ,42200 507,071 20 000 504,35080 CITYMANAGERS OFFICE 00 315,30754 000 46,637503 1,56Q29342 000 895,34308 895,34304 SERVICES MANAGEMENTSERVICN MANAGEMENT 1,61839900 1,67839900 120985342 503854 40I'M350704 TOTAL GENERAL GOVERNMENT UV 5 759,48300 4579741 000 30050842 CITY CLERK TOTAL CITY CLERK 842 COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1, 31161100 686,45496 2,D9929 623,05675 SENIORCENTER 417:10200 268,00279 000 149,09921 PARKS& RECREATION PROGRAMS 206,77900 135,76143 000 71,01757 LIBRARY 1,432,29600 320,75089 000 1.11154511 MUSEUM 292,11000 122,22858 219% 169,66144 PARK MAINTENANCE 1.421331 DO 103940289 3/192811 TOTAL COMMUNITY SERVICES 927 FINANCE: FISCAL SERVICES 1,40251200 638,66641 000 386,38587 CENTRAL SERVICES 402,51100 26860041 000 13397059 TOTAL FINANCE BUILDING & SAFETY: BUILDING & SAFETY -AOMIN 436,816 275,391 000 161,42494 99797500 633,19962 000 64 348,06538 CODEBUILDING CODE 633,9W 64 000 ANIMAL CONTROL CONTROL 4060/000 406,01000 5, 00 248,93831 2,185,7959 000 157.07136 36 925,39569 2,969.97804 FIRE EMERGENCYSERVICESBUILCES 155774384 85,79596 000 0Do 59,97804 377:02, 25 CIVIC CENTER BUILDING -OPERATIONS 260'19000 1,26019000 90987375 000 TOTAL BUILDING 8 SAFETY POLICE: POLICE SERVICES 12,224,91000 4,528,47544 28,58233 7,667,85223 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,554,78600 5440 000 1,ISQ23113 CURRENT PLANNING 825,08600 M312 44026312 0600 30 1.484,92288 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: ADMINISTRATION 882,895.00 417,U5 68 19,084 40 446,25492 PWORKSMENT DEVELOPMENT&TRAFFIC DEVELOPMENT 1475,141850 00 974.40299 165 14,90000 481,29336 2483,29336 MAINT/OPERATIONS- STREETS MAINT/OPERATIONS- 2,071,25400 2,071,25400 234,701.38 1,23d,70152 4,96000 ,86848 TRAFFIC MAINT/OPERATIONS- TRAFFIC 826, 18900 506,36052 96000 31 318,B6648 CONSTRUCTION MANAGEMENT 918,48700 56279052 000 355,69648 TOTAL PUBLIC WORKS 5.890,97500 861,23294 000 5,029,74206 TRANSFERS OUT GENERAL FUND REIMBURSEMENTS (5,934,349 00) (2.45112307) 000 (3,483,225 93) NET GENERAL FUND EXPENDITURES 4603331900 2079428063 7832619 25,160,71218 ••-" 069 s CITY OF LA QUINTA 07/01/2008 - 02128/2009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,628,800.00 0.00 2,828,600.00 0.000% Contributions 0.00 000 000 0000% Interest 0 00 000 0.00 0.000% TOTAL LIBRARY 2.628.60000 0.00 2,628.600.00 0.000% GAS TAX REVENUE: Section 2105 197,40000 115.859.54 81,54046 58690% Section 2106 131,300.00 70,674 50 60,625 50 53.830% Section 2107 262,100 00 151.672.45 110.427.55 57.870% Section 2107 5 000 0.00 0.00 0.000% Traffic Congestion Relief 392,00000 185,040.59 206,95941 47200% Interest 6,000.00 2,886.61 3,11339 48.110% TOTAL GAS TAX 9 88 800.00 526.13369 462,666.31 53 210% FEDERAL ASSISTANCE REVENUE: CDBG Grant 186,110.00 6,88500 179,225.00 3.700% Interest 000 000 000 0,000% TOTAL FEDERAL ASSISTANCE 166,110 00 6,88500 179.225 00 3 700% JAG GRANT Grant Revenue 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 0.00 0.00 0.00 0.000% SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000 00 000 100,000 00 0.000% Interest 500.00 250.00 250.00 50.000% TOTAL SLESF (COPS) 100 500.00 250.00 100,250.00 0.250% INDIAN GAMING Grant revenue 212,826.00 101,985.73 110,840.27 47920% Interest 2,00000 000 2,00000 0.000% TOTAL INDIAN GAMING 214.826 00 101.985.73 112,840.27 47.470% LIGHTING 8 LANDSCAPING REVENUE: Assessment 927.900.00 499,750.06 428,149.94 53.860% Developer 0.00 0.00 0.00 0,000% Interest 000 0.00 0.00 0000% TOTAL LIGHTING & LANDSCAPING 927,900.00 499,750 06 428,149 94 53 860% RCTC RCTC Funding 4,063,268.00 1,238,238.07 2,825,029.93 30.470% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 000 000 0.00 0.000% Interest 000 000 0.00 0000% Transfer in 000 0.00 000 0000% TOTAL DEV AGREEMENT 0.00 0.00 000 0000% CRIME VIOLENT TASK FORCE Member Contribution- Carryover 40,536.00 29,95200 10,58400 73890% Grant revenue -JAIB 26.600.00 17,46357 8,136.43 68.220% CLET Line 3,10000 2,28527 814.73 73.720% Asset Forfeiture -State Adjudicated 8,75300 5,000.00 3,753.00 57.120% Interest 3.500.00 2,003.75 1.496.25 57.250% TOTAL CRIME VIOLENT TASK FORCE 81.48900 58 704.59 24.784 41 69 590% AS 939 REVENUE: AS 939 Fees 0.00 0.00 0.00 0.000% Interest 27,500.00 15,85361 11,64640 57.650% TOTAL AS 939 QUIMBY REVENUE: Quimby Fees 53,90000 530.00 0 40.00 Donations 0.00 0.00 0.00 0.000% 0.000% Interest 200,000.00 114,45349 85,546 51 57 230% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 000 0,000% Interest 6,000.00 4,433.83 1,566.17 73.900% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 6.00000 4.43383 1,56617 73900% PROPOSITION 1 B - SB 1266 Prop lB Grant 1,218,71300 607.825.00 610,888.00 49.870% Interest 609000 5090.42 (0.42) ;? o% TOTAL PROPOSITION 1IS �,'1Z3,SD3D0-6If,ST53 iu,00r.o ...n 0 70 07/0112008 - 02/28/2009 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.0 A Q. Contribution 48,900.00 25,649.62 23,250.38 52.450% MSRC Funding 0.00 0.00 000 0000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 4,50000 2,867.33 1,63267 63720% TOTAL SCAQ 63.400.00 28,616 95 24 883.05 53.400% TRANSPORTATION Developerfees 850,000.00 693.292.78 156,70722 81560% Interest 143.000.00 78,097.29 64,902.71 54.610% Transfer in 000 0.00 0.00 0.000% TOTAL TRANSPORTATION 993.000.00 771,39007 221,609.93 77.680% PARKS & RECREATION Developer fees 60,00000 47,722.00 12,27800 79.540% Interest 0.00 0.00 0.00 0.000% Transfer in 000 0.00 000 0 000% TOTAL PARKS & RECREATION 60,000 00 47,722.00 12,278 00 79 540% CIVIC CENTER Developer fees 100,000.00 89,202.77 10,797.23 89.200% Interest 0.00 000 0.00 0.000% Transfer in 000 0.00 0.00 0 000% TOTAL CIVIC CENTER 100,00000 89,202.77 10,79723 89200% LIBRARY DEVELOPMENT Developerfees 30,000.00 23,771 07 6,22893 79 240% Interest 000 000 0.00 0.000% Transfer in 0.00 0.00 000 0.000% TOTAL LIBRARY DEVELOPMENT 30.000 00 23,771.07 6.22893 79.240% COMMUNITY CENTER Developerfees 5,000.00 3,962.00 1,03800 79240% Interest 30,000.00 12,57182 17,42818 41910% TOTAL COMMUNITY CENTER 35,000.00 16.533.82 18,466 18 47 240% STREET FACILITY Developer fees 35.300.00 24,159.24 11,140.76 68.440% Interest 5,00000 3,672.79 1,327.21 73,460% Transfer In 0.00 0.00 000 0.000% TOTAL STREET FACILITY 40 300.00 27,832 03 12,467 97 69.060% PARK FACILITY Developer fees 2,00000 7,174.00 826.00 58.700% Interest 2,000.00 1,096.00 90400 54.800% TOTAL PARK FACILITY 4,000.00 2,27000 1,730.00 56.750% FIRE PROTECTION FACILITY Developer fees 20,000.00 12,563.30 7,436.70 62.820% Interest 000 0.00 000 0 000% TOTAL FIRE PROTECTION FACILITY 20,000 00 12,563.30 7,438 70 62 820% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 110,000.00 100,169 70 9,830.30 91.060% Arts in Public Places Credits Applied 0.00 000 0.00 0,000% Insurance Recoveries 21,344.00 21,34358 042 100.000% Donations 3,500.00 2,50000 1,000.00 71.430% Interest 17,200.00 12,617.52 4,582.48 73.360% TOTAL ARTS IN PUBLIC PLACES 152.044 00 136.630.80 15,413.20 89.860% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 482,409.76 (482,409,76) 0,000% Transfer In 0.00 000 0.00 0.000% TOTAL INTEREST ALLOCATION 000 482,40976 (482,409, 6) 0.000% ». ^ 071 $ CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 07/01/2008 - 0212812009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,240,844.00 108,62073 1,132,22327 8,750% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 10,047,21200 344,742.08 9,702,46992 3,430% 000 0.00 000 0.000% 107,500.00 107,500.00 0.00 100.000% 520,486.00 553,73060 (33,24460) 106,390% 000 000 000 0000% 520.916.00 234,90085 286,015.15 45.090% 0.00 000 0.00 0.000% (31,49000) 000 (31,490.00) 0,000% 0.00 0.00 0.00 0.000% 690,62800 269,826.00 420,80200 39,070% 0.00 0.00 0.00 0000% 107,183,421.00 17.037,59000 90,145,831.00 15900% 120 279 517.00 18 656 910 26 101,622 605 74 318.630% EQUIPMENT REPLACEMENT FUND: Equipment Charges 716,881.00 716,881.00 0.00 100000% Capital Contribution 0.00 0.00 0.00 0000% Sale of Fixed Asset 0.00 0.00 0.00 0000% Insurance Recoveries 0.00 5,983.27 (5,98327) 0,000% Interest 57,000.00 30,889.13 26,110.87 54.190% Transfers In 000 000 0.00 0000% TOTAL EQUIPMENT REPLACEMENT 773.881 00 753.753.40 20,127.60 97.400% INFORMATION TECHNOLOGY FUND: Charges for services 494,201.00 494,201.00 0.00 100.000% Capital Contribution 000 0.00 000 0.000% Sale of Fixed Asset 000 0.00 000 0.000% Interest 30,000.00 16,21926 13,780.74 54.060% Transfers In 0.00 0.00 000 0000% TOTAL INFORMATION TECHNOLOGY 524 201.00 510 420.26 13,780 74 97 370% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 413,394.00 413.394.00 000 100 000% 34,300.00 18.669.50 15,630.50 54.430% 0.00 0.00 0.00 0.000% 447.694.00 432,063.50 15.630.50 96.510% 2,942,684.00 1,504,449.75 1,438.234.25 51130% 103,104.00 40,15889 62,945.11 38.950% 15,000.00 18,43500 (3,43500) 122.900% 0.00 0.00 000 0.000% 308.513.00 171,89365 136.619.35 55.720% 000 000 0.00 0.000% 0.00 0.00 0.00 0000% 000 000 000 0,000% 3 369 301.00 1,734,937.29 1,634,363 71 51 490% 4,300.00 1,869.17 2,430.83 43.470% 67.086.00 0.00 67.086.00 0.000% 71386.00 1869.17 69,516.83 2.620% 2,00000 2,00000 0.00 100,000% 425.00 225.93 199.07 53160% 2,425.00 2,225.93 199.07 91.790% . 072 s CITY OF LA QUINTA ADJUSTED 07/01/2008 .0212812009 REMAINING OTHER CITY FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY LIBRARY FUND 25,OW 00 14,23000 000 1,50005 INTERESTADVANCE 6,SWOD 000 6,SWW CAPITAL PURCHASES 1,730,707.00 793 207,OW00 OW 1,523,60907 REIMBURSE GENERAL FUND 0 0021 0 W O W TRANSFER OUT TOTAL LIBRARY FUND , GAS TAX CONTRACT SERVICES 49,480W 643,01400 OW 428,676 W 000 O W 29,48000 214,338 W REIMBURSE GENERAL FUND 464 393 W 0 W 0. W 464 393 W TRANSFER OUT TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: 18611000 2396785 "21115 TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT U W U W O W 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 12301800 000 000 12301800 INDIAN GAMING FUND 214,82600 101,98573 000 11284027 TRANSFER OUT TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: 927,9W 00 618,59989 000 W 11 REIMBURSE GENERAL FUND 000 OW 000 coo OW TRANSFER OUT TOTAL LTGILANOSCAPING FUND RCTC 3,744,77 W 919,847 W 000 2 025029 93 TRANSFER OUT TOTAL RCTC 3 ]44 W / W DEVELOPMENT AGREEMENT FUND 000 000 OW 000 CONSTRUCTION 000 000 OW 000 REIMBURSE GENERAL FUND 000 0.00 OW 000 TRANSFER OUT TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE 52,10000 24,69 27,0 OPERATING EXPENSES 000 000 000 OOW W 0OW TRANSFER OUT TOTAL GRIME VIOLENT TASK FORGE AS 939 OPERATING EXPENSES 60,180 W 0 W O W 000 0 60,18800 0 00 TRANSFER OUT O W 800, au - TOTAL AS 939 QUIMBY FUND: 35,W0 W 0 W 0.00 35,00000 FEASIBILITY STUDY B,99S,131 W 66,30090 000 8,9288W 10 TRANSFER OUT TOTAL QUIMBY 00 INFRASTRUCTURE FUND 000 000 000000 CONSTRUCTION 00 000 000 00 076 REIMBURSE GENERAL FUND 39757600 000 000 397,5 TRANSFER OUT TOTAL INFRASTRUCTURE 500 PROPOSITION 1B-SS 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 1 223803 W 61130000 O W 811103 W SOUTH COAST AIR QUALITY FUND 26,6WW 17,12 000 9, 657 PROJECT EXPENDITURES 0 00 000 W 0 00 00 0 TRANSFER OUT TOTAL SOUTH COAST AIR QUALITY 0 DO- TRANSPORTATION 000 0.00 OW 000 PROGRAM COSTS 000 000 OW 000 CONTRIBUTION 82B499100 2448,85019 OW 5,83814081 TRANSFER OUT TOTAL TRANSPORTATIONoa PARKS & RECREATION 37,50000 18,17000 OW 77 19,300 INTEREST ON ADVANCE 0 00 0 00 O W 0 TRANSFER OUT TOTAL PARKS 8 RECREATION CIVIC CENTER 20276400 135,17600 OW 17,58B INTEREST ON ADVANCE 202,764 W 135,176 W 0 W 0 67,SBB 00 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFER OUT TOTAL CIVIC CENTER LIBRARY DEVELOPMENT 000 000 000 000 PROGRAM COSTS 48,75000 23,64000 000 25000 INTEREST ON ADVANCE 0 W O W 000 000 TRANSFER OUT TOTAL LIBRARY DEVELOPMENT » �' 073 10 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 07/OXPENDTURE2009 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 000 000 000 000 PROGRAM COSTS 000 000 000 000 TRANSFER OUT _ TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 000 000 000 000 TRANSFER OUT 248456300 502500 000 247953800 TOTAL STREET FACILITYCoo PARK FACILITY PROGRAM COSTS 000 0.00 000 000 TRANSFER OUT 000 000 000 000 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 23,120 0 00 11,4061 000 11,72319 TRANSFER OUT 000 000 000,00 000 TOTAL FIRE PROTECTION OIF 23,125 uu ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 36.53500 000 00 OPERATING EXPENSES-APP 2,18220 000 4,352 ART PURCHASES 9.66500 259,665.00 0,00000 20,00000 0.00 39,6650 20000000 TRANSFER OUT 400,000 00 200 000 00 0 00 200 000 00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 171,007,46500 16, /06,78243 100,621,596 PROJECT REIMBURSEMENTS TO GEN FUND 1,007,465 00 113,673 23701 113,23725 0.00 7.756 694,200 TRANSFER OUT 000 D(X 000 000 TOTAL CAPITAL IMPROVEMENT - EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 879,50000 120,71000 fi6,22000 692,200,04 CAPITAL PURCHASES 9,50000 000 000 000 000 9,50000 000 TRANSFER OUT 000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 62762700 25164846 000 37677654 7. TOTAL INFORMATION TECKNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 49,36000 1,080w 9625 CAPITAL PURCHASES 22,00000 22,000.00 000 000 03 22,00000 22,000W 000 TRANSFER OUT 000 000 TOTAL PARK MAINTENANCE FAG SILVERROCK GOLF OPERATING EXPENSES 4,2 2,727,920 000 1,530,06 TRANSFER OUT 67000 670866600 00000 000 6706600 00 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE 0.00 000 000 000 TRANSFER OUT TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 200000 000 000 2,00000 074 11 s N E c u 0 r pp U NM MON V ^(O Y1 tp t0 m Rf V MMy l0 r m n�r�O� V V RI GD Mtp V N O� O M � W ma crnD m Cn arnDrW mmmmmm0��nO O Y m rn rn m m m m m m rn rn rn m rn rn O o QN V mmnovmrnOMM�� tOO� m O O O O O O O O O O O O O N m 0 0 00000 i0 �00 OOO t0 OD �00" V Om > OOrnrn O M Mt0 f0 fD �ONN� .rr OO n ODN OD V 9m OMm m m rn CM6 E NO Y O O N N rn rn rn rn m o m o p O O m m m m m m m rn rn rn rn m m 0 N MN�O)h V V O)�O�� N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0�2 O O O Q O O O D C O O O O O D O O rn m 00 000 00000 00 > 000000c0000000000� 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 a Oo 000 00000 00 M16 a— a— .6 H'K �? �-� t O N N N NO N l h m mm A O t0NN V ONN m NN N N N f miorn���orn�ZZ 0 Q a a Z Z > > € € C C m d m v ~ E E N E E N N FJ c a > > N F- W o C y = Q m m m m m m m m m m m m ¢] W N a LLLLHH H FH F F F=F=F-H H H U' 7JJ tN 3 G a pE U C ,H r 075 12 `eit�f / 4 lwQabtrw COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval of an Agreement with SunLine Transit Agency to Sell Bus Passes at City Hall AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —4 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the agreement with SunLine Transit Agency to sell bus passes at City Hall. FISCAL IMPLICATIONS: Per an agreement approved by the City Council on February 6, 1996 and again on October 21, 2003, SunLine bus passes have been sold at City Hall. For providing this service, the City receives a fee per pass sold, and remits pass revenue to SunLine monthly. The new agreement (Attachment 1) provides for compensation to the City of La Quinta of $1.25 for each monthly pass sold; 50 cents for each ten -ticket book; and 25 cents for each day pass sold. For more than 50 passes sold in the month, commission increases to $2.00 per pass. The compensation in this Agreement does not change from the October 21, 2003 agreement compensation. BACKGROUND AND OVERVIEW: The agreement with SunLine Transit Agency has been in place since February 6, 1996, to provide for the sale of bus passes at the Finance counter at City Hall. The City provides this service as a convenience for City residents, and the arrangement has worked well over the past thirteen years. The small amount of commission is accounted for as General Fund revenue in the Finance Department. The new agreement (Attachment 1) provides for a new selling period which is now starts on the 3rd Friday of each month and ends on the 3rd Friday of the following month versus the current 15`" of each month. Exhibit A of the Agreement sets forth the: (1) 31-Day Pass Fees (2) Day Pass Fees, (3) 10-Ride Pass Fees and (4) Go Pass Bus Fees that staff will collect on Sunline's behalf. Sunline Transit Agency is requesting that an updated agreement be approved. » : 076 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the agreement with SunLine Transit Agency for sale of bus passes at City Hall and authorize the City Manager to execute same; or 2. Do not approve the agreement with SunLine Transit Agency for sale of bus passes at City Hall and do not authorize the City Manager to execute same; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: � Thomas P. Genovese, City Manager Attachment: 1 . Agreement for Sale of SunLine Bus Passes 077 Ea ATTACHMENT 1 SHH11flop INANSIT AGENCY Agreement for the Sale of SunLine Bus Passes AGREEMENT NUMBER: 09-0010 THIS AGREEMENT is made and entered into this day of by and between SunLine Transit Agency ("SunLine"), a Joint Powers Authority and Public Agency, located at 32-505 Harry Oliver Trail, Thousand Palms, CA 92376 and City of La Quinta referred to as "Seller"). WITNESSETH: In consideration of the services to be rendered by Seller and the compensation to be paid by SunLine as set forth in this Agreement, the parties agree as follows: ARTICLE I. STATEMENT OF WORK 1.1 Seller agrees to sell transit Passes (the word "Passes" as used in this Agreement shall be deemed to include 31-day Passes, or other such fare media as SunLine may offer to the public) for SunLine at such rates as may be in effect from time to time at the location(s) listed in the first paragraph of this Agreement. All sales by Seller shall be final. Seller shall make no refunds or adjustments of sales. All Passes covered by this Agreement are identified in "Exhibit A" attached to and made a part of this Agreement, and as may be changed from time to time by SunLine. 1.2 Seller may cause to be displayed at Seller's expense on its premises such advertising matter as may be supplied by SunLine. 1.3 Seller shall properly file and maintain all printed material, time schedules, folders, circulars and bulletins supplied by SunLine and shall, to the best of its ability, furnish to the public complete and accurate information concerning SunLine's fare and route structures, and other general information. 1.4 Seller shall hold in trust for SunLine all Passes or other forms supplied by SunLine for use or sale. Seller shall hold in trust for SunLine all funds collected in the sale of Passes. Seller shall remit all unsold Passes plus the money so held in trust, less applicable commission, as provided in Article 5 of this Agreement. 1.5 The "Current Selling Period" is hereby defined as commencing on the third Friday of the month and continuing through the third Friday of the following month. 1 "..0 078 SunLine Transit Agency Pass Outlet agreement 3 s9filifig IflANSl1 A6fNCY ARTICLE 2. FIDUCIARY RELATIONSHIP 2.1 The relationship between SunLine and Seller is not that of debtor and creditor, but of trustee and beneficiary. All funds collected for the account of SunLine and all funds derived from the sale of Passes are at all times the property of SunLine. ARTICLE 3. INDEPENDENT CONTRACTOR 3.1 Seller is an independent contractor and not an employee or agent of SunLine within the meaning of any workers' Compensation Law, or any law which would entitle Seller to benefits arising out of any state or Federal employment or old age fund or similar law, or any right or privilege extended by SunLine to its employees. Seller's authority is limited to the purposes herein specified. Seller has no power to bind SunLine, by contract or otherwise, except as herein provided for the sale of transportation services for persons or property. ARTICLE 4. INDEMNITY 4.1 Seller shall be responsible for Passes delivered to it and money collected by it for SunLine, and will indemnify and save SunLine harmless from any loss whatsoever relating to such Passes and monies, whether occasioned by theft or otherwise. Unless approved in writing by SunLine in advance of any promotional use of Passes, Seller agrees to sell Passes at the retail price established in Exhibit A, and at no other price. ARTICLE 5. REPORTS AND PAYMENTS 5.1 Seller shall render reports of sales of Passes, shall account for SunLine funds, and shall remit the proceeds of sales and all deposits and funds collected for the account of SunLine within thirty (30) days of the end of each Current Selling Period. The sequence of events under this Agreement shall be as follows: 5.1.1 On the third Friday of the month, SunLine personnel will deliver passes for that Current Selling Period. SunLine will thereafter render an invoice for sums due for Passes sold (or for which the vendor is otherwise responsible) during the prior Current Selling Period. The invoice will credit Seller with Seller's compensation for sales made the prior month. Payment of the invoice will be due within 30 days of the end of the prior Current Selling Period. Payment can be made with a check, money order, or Visa/MasterCard. No cash will be accepted. 2 SunLine Transit Agency Pass Outlet agreement 0 079 SHRIIHE IRANSI! A6fNCY ARTICLE 6. COMPENSATION 6.1 For Seller's full and complete performance hereunder, Seller shall receive as compensation for services to SunLine, a commission which is equal to: one dollar twenty five cents ($1.25) for each 31-day pass sold; fifty cents (500) for each ten ride pass sold; and twenty five cents (250) for each day pass sold. SunLine shall deduct such commission from SunLine invoices to Seller. 6.2 For the sale of fifty (50) or more 31-day passes during any reporting month, the commission rate increases to two dollars ($2.00) per pass. ARTICLE 7. INSPECTION OF RECORDS 7.1 Seller shall permit the authorized representative of SunLine, during reasonable hours, to examine as to amount, Passes and other property and funds of SunLine on hand, and to inspect and audit all records and accounts pertaining to sale of Passes as provided in this Agreement. Seller shall maintain such books, records, data, and documents according to generally accepted accounting principles and shall clearly identify and make such items readily accessible to SunLine during Seller's performance hereunder and for a period of three (3) years from the date of final payment to SunLine. ARTICLE 8. ASSIGNMENT 8.1 This Agreement may not be assigned or transferred by Seller without SunLine's prior written consent. In the event of the death, dissolution, or disability of Seller, this Agreement shall terminate at the option of SunLine. ARTICLE 9. MODIFICATION 9.1 No modification of this Agreement shall be effective unless made in writing and signed by both parties. ARTICLE 10. TERM 10.1 This Agreement shall become effective on the agreement date and shall continue in full force and effect until canceled by either party upon written notice to the other party at least thirty (30) days prior to the effective date thereof. 3 SunLine Transit Agency Pass Outlet agreement 080 5 s9filifte' rearos11 asracr 10.2 SunLine may terminate this Agreement earlier than thirty days notice for Seller's default if Seller breaches any material provisions of this Agreement and fails to cure such breach within ten (10) calendar days of receipt of written notice from SunLine. If SunLine terminates for default, Seller shall be obligated to SunLine for the retail value of all Passes allocated to it, less the commission for passes sold, and shall remit full payment to SunLine within ten (10) calendar days of receipt of the Notice of Termination. ARTICLE 11. SCHEDULING 11.1 No provision of this Agreement shall be construed to require SunLine to continue to operate any bus service to or from the facility of Seller or elsewhere during the term of this Agreement, and SunLine shall incur no liability to Seller by reason of any rerouting, rescheduling, discontinuing, or other changes in bus or other transit services operated by SunLine. ARTICLE 12. NOTIFICATION 12.1 All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: TO SELLER: City of La Quinta 78495 Calle Tampico La Quinta, CA. 92247 ATTN: MISSY MENDOZA Telephone: (760) 777-7150 ARTICLE 13. COMPLETE AGREEMENT TO SUNLINE: SunLine Transit Agency 32-505 Harry Oliver Trail Thousand Palms, CA 92276 ATTN: Director of Finance (760)343-3456 13.1 This Agreement constitutes the complete and exclusive statement of the terms of the Agreement between SunLine and Seller with relation to the subject matter hereof and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other provision. 4 SunLine Transit Agency Pass Outlet agreement 081 6 SHRI/Bg TflANS/I A6fNCY 13.2 SunLine's failure to insist in any one or more instances upon the performance of any term or terms of this Agreement shall not be construed as a wavier or relinquishment of SunLine's right to such performance or to future performance of such a term or terms, and Seller's obligation in respect thereto shall continue in full force and effect. Time shall be of the essence hereunder, but Seller shall perform work and make deliveries hereunder, only to the minimum extent consistent with delivery schedules and other requirements herein. 13.3 Changes hereto shall not be binding upon SunLine except when specifically confirmed in writing by an authorized member of SunLine's Administrative Staff. The issuance of information, advice, approvals, or instructions by SunLine's technical personnel or other representatives shall be deemed expressions of personal opinions only and shall not affect SunLine's and Seller's rights and obligations under this Agreement. 13.4 Should any party hereto reasonably retain counsel for the purpose of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights or obligations hereunder or for any other judicial remedy, then the prevailing party shall be entitled to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys' fees and costs for the services rendered to such prevailing party. IN WITNESS THEREOF, the parties hereto execute this Agreement on the day and year set forth above. SELLER: I1-YA SUNLINE TRANSIT AGENCY M TITLE: TITLE: 5 SunLine Transit Agency Pass Outlet agreement 082 7 sfffillfig 7flANS/T A6fNCY "Exhibit A" (Page 1 of 3) (Attachment to Agreement for the Sale of SunLine Bus Passes) SunBus Pass Information • Passes are good for rides anywhere on SunBus only. • Passes are not valid on SunDial. • Passes cannot be sold for more than the following amounts: 31-Day Passes: Adult (18 — 59) $34.00 Youth $24.00 Seniors 60+/Disabled/Medicaid $17.00 Day Passes: Adult $ 3.00 Youth $ 2.00 Seniors 60+/Disabled/Medicaid $ 1.50 10-Ride Passes: Adult $10.00 Youth $ 8.50 Seniors 60+/Disabled/Medicaid $ 5.00 Go Pass (June, Jul, Aug) $30.00 • There are no refunds for the passes -all refunds for passes will be done at SunLine's main facility in Thousand Palms. 6 SunLine Transit Agency Pass Outlet agreement " 083 8 SHRIIH9 TRANSIT asE,vcr "Exhibit A" (Page 2 of 3) (Attachment to Agreement for the Sale of SunLine Bus Passes) Pass Procedures and Commission Rates for Passes Sold Billing will follow by mail at the net pass cost. Seller will earn the following commissions for passes sold: 31-Dav Passes and Go Pass: (Adult, Youth, Seniors/Disabled/Medicaid) and Go Pass $1.25 per monthly pass (For the sale of 50 or more total 31-day and Go passes during any reporting month, the commission rate increases to $2.00 per monthly pass.) Day Passes: 250 for each Day Pass 10-Ride Passes: 500 for each Ten -Ride Pass Seller is responsible for passes. Passes are just like money. They will not be replaced. Should Seller require additional passes (beyond the previously ordered amount), they will be delivered as soon as possible. Materials will be provided to the Pass Outlet to help promote pass sales, including signage and advertising slicks. If you have any questions regarding pass sales procedures, please call SunLine Transit Agency at (760) 343-3456 - ext. 124 or Customer Service 343-3451. 7 0S4 SunLine Transit Agency Pass Outlet agreement 9 SHRI/fig TRANSIT ACENCY "Exhibit A" (Page 3 of 3) (Attachment to Agreement for the Sale of SunLine Bus Passes) Fare Media/Pass Definitions: Adult 31-Day Pass - 31 days of consecutive, unlimited rides beginning the first day of activation. Pass is activated using the bus farebox. Youth 31-Day Pass - For youth between 5 and 17years. Proof of age may be required to purchase or use the pass. 31 days of consecutive, unlimited rides beginning the first day of activation. Pass is activated using the bus farebox. Senior 60+/Disabled/Medicaid 31-Day Pass - For seniors (60 and over) or persons with disabilities. Proof of age or disability is required to purchase the pass, and driver may request proof upon usage on the bus. 31 days of consecutive, unlimited rides beginning the first day of activation. Pass is activated using the bus farebox. Adult Day Pass - Unlimited rides for each category as specified on Pass. No transfers are needed. Bus farebox will validate this pass. This pass expires at the end of the day. Youth Day Pass - Unlimited rides for each category as specified on Pass. No transfers are needed. Bus farebox will validate this pass. This pass expires at the end of the day. Senior 60+/Disabled/Medicaid Day Pass - Unlimited rides for each category as specified on Pass. No transfers are needed. Bus farebox will validate this pass. This pass expires at the end of the day. 10-Ride Pass — Transfers not included. Farebox will validate this pass. This pass will expire after the 10th ride. Go Pass — Unlimited rides for the months of June, July and August for use by youth ages 5 — 17. Pass available for sale in advance. Pass is activated using the bus farebox and is only valid from June 1 through August 31. s »...� 085 SunLine Transit Agency Pass Outlet agreement 10 a •� t. Tz 40 8i y OF TK4' COUNCIL/RDA MEETING DATE: April 21, 2009 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Approval of an Appropriation from the CONSENT CALENDAR: Quimby Fund for a Refund of Fees to American Land STUDY SESSION: Liquidators, Inc. for Tract Map 33717 PUBLIC HEARING: RECOMMENDATION: Approval of an Appropriation from the Quimby Fund of $32,130 for a Refund of Fees to American Land Liquidators, Inc for Tract Map 33717. FISCAL IMPLICATIONS: Funds are available in Unallocated Quimby Fund reserves account 220-0000- 290.00-00 to fund this $32,130 refund request. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff received a refund request (Attachment 1) of $32,130 from American Land Liquidators, Inc. on March 18, 2009 for the Quimby fees it paid on Tract Map 33717 APN 764-180-002 in December 2007. The tentative tract map expired on December 20, 2007 and is no longer valid. A final tract map has not been recorded and the requestor is entitled to a refund. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approval of an Appropriation from the Quimby Fund for a Refund of Fees to American Land Liquidators, Inc. for Tract Map 33717; or lip 2. Do not Approve an Appropriation from the Quimby Fund for a Refund of Fees to American Land Liquidators, Inc. for Tract Map 33717; or; 3. Provide Staff direction. Respectfully submitted, I l John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Refund Request 087 Fa ATTACHMENT 1 Quadrant, Inc. 7586 Woodrow Wilson Dr. Los Angeles, Ca 90046 (323)882-8079 (323(882-8309 Fax SerkoOuadrant(aa)sbcelobal net March 18, 2009 Les Johnson City of La Quinta Planning Director and John Falconer City of La Quinta Finance Director P.O. Box 1504 78-495 Calle Tampico La Quinta, Ca 92247-1504 Re: APN 764-180-002 Tract 33717 Gentlemen, received MAR It 2009 On December 12, 2007 Quadrant, Inc paid the Quimby fees for the above referenced project in the amount of $32,130 via a check by its subsidiary, American Land. The City of La Quinta did not grant another extension for this Tract and considered it expired. At this point we do not have any immediate plans for this project and I would like to request a refund of the Quimby fees back to Quadrant, Inc or American Land. If you have any questions, please do not hesitate to contact me. Sincerely, Serko Khatchadourian ».." 088 3 La c Qum& y OF COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval of an Updated Housing Relocation Plan for Certain Real Property Located at 46-130 Dune Palms Road RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Updated Relocation Plan for 46-130 Dune Palms Road and authorize the City Manager to submit this Plan to the State Department of Housing and Community Development to receive and file. FISCAL IMPACT: Implementing the Updated Relocation Plan will result in the expenditure of up to $80,000 for residential relocation costs. The Redevelopment Agency appropriated funds for these costs in January 2007, which are contained in the Capital Improvement Program for this Project. BACKGROUND AND OVERVIEW: In September 2005, the Redevelopment Agency directed staff to contact property owners in the Dune Palms Road corridor (north of the Whitewater River and south of Westward Ho Drive) to ascertain their interest in selling their property. The Agency was interested in purchasing six properties in this area to accommodate a SilverRock Resort well site, to accommodate widening Dune Palms Road (the widened roadway alignment would be within feet of the front entries of these residences), and to develop the remaining land with affordable housing. Four of the property owners expressed interest in selling their property; the Agency has subsequently acquired these properties and successfully relocated these households. •«.) 089 The City Council previously approved a Relocation Plan for 46-130 and 46-150 Dune Palms Road and authorized the City Manager to submit this Plan to the State Department of Housing and Community Development. The household living at 46- 150 Dune Palms Road successfully relocated in May 2007 to a La Quinta residence within the Amelia Earhart School District. The Agency was not, however, able to reach agreement on the terms of a property purchase transaction with the household at 46-130 Dune Palms Road until March 2009. In order to comply with the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines, the Agency was required to prepare an updated relocation plan for this household. The attached Updated Relocation Plan (Attachment 1) presents an updated relocation strategy for this household. As required by Housing and Community Development Regulations, this Updated Relocation Plan was circulated for a 30 day public review period on March 20, 2009. No comments were received. The next step entails City Council final review and adoption. The Relocation Plan presents: • Household demographic characteristics and relocation needs based on personal interview survey data; • An assessment 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; and • An estimate of the potential relocation costs. The data presented in the Updated Relocation Plan was compiled from interviews conducted in February and March of 2009. When interviewed, the household expressed a desire to remain in La Quinta or to relocate along California State Highway 74 south of Palm Desert. The owner -occupied household is a very low— income family, consisting of three adults, and is English speaking. 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 home purchase price differential payment based upon the difference between the appraised value of the resident's home and the cost to purchase a comparable replacement dwelling; • Possible rental assistance for one of the adult occupants; and • Incidental expense payments including legal, closing cost title and other costs related to purchasing a comparable replacement dwelling. 090 The total relocation costs are approximately $75,120. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Updated Relocation Plan for 46-130 Dune Palms Road and authorize the City Manager to submit this plan to the State Department of Housing and Community Development; or 2. Do not approve the Updated Relocation Plan for 46-130 Dune Palms Road; or 3. Provide staff with alternative direction. Respectfully submitted, r�u Doug as R. Kans Assistant City Manager — Development Services Approved for submission, Thomas P. Genovese City Manager Attachment: 1. Updated Relocation Plan 091 ATTACHMENT 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN DISTRIBUTED FOR PUBLIC REVIEW ON MARCH 20, 2009 LA QUINTA REDEVELOPMENT AGENCY qRSG INTELLIGENT COMMUNITY DEVELOPMENT ^ 092 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY CONTENTS OF THIS RELOCATION PLAN i. INTRODUCTION................................................................................................1 A. ASSESSMENT OF NEEDS................................................................................ 1 B. REPLACEMENT HOUSING RESOURCES........................................................2 C. CONCURRENT RESIDENTIAL DISPLACEMENT.............................................3 D. TEMPORARY HOUSING.................................................................................... 3 E. PROGRAM ASSURANCES AND STANDARDS ................................................ 3 F. RELOCATION ASSISTANCE PROGRAM.........................................................4 G. CITIZEN PARTICIPATION/PLAN REVIEW........................................................4 H. RELOCATION BENEFIT CATEGORIES............................................................4 1. PAYMENT OF RELOCATION BENEFITS.......................................................... 6 J. APPEALS POLICY.............................................................................................6 K. PROJECTED DATES OF DISPLACEMENT....................................................... 7 L. ESTIMATED RELOCATION COSTS..................................................................7 •... " 093 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN L.A QUINTA REDEVELOPMENT AGENCY 1. INTRODUCTION The La Quinta Redevelopment Agency ("Agency") established Project Area No. 2 in May, 1989 to provide a mechanism to remove impediments to commercial and residential development, to address public infrastructure and facility deficiencies, and to increase and improve the community's supply of affordable housing. Certain property along Dune Palms Road ("Project Site") are within Project Area No. 2 and is being considered by the Agency as a site for the development of affordable housing. This action may result in the purchase and development of certain property within the Project Site and as a result, households will have to be permanently displaced. The acquisition of the Project Site will be pursued pursuant to negotiated acquisition by property owners. The location of the housing, which is the subject of this updated plan, is generally described as being located near the southeast corner of Dune Palms Road and Westward Ho Drive and is more particularly described as Assessor Parcel Number 600-030-002. The location is displayed on Attachment I and 1b. This Updated Relocation Plan ("Plan") describes the affected building and occupants and discusses the Relocation Assistance that will be made available to the occupants. A previous relocation plan was prepared and adopted for this proposed displacement. As required by Housing and Community Development Regulations (25 Cal. Code Regs. § 6038(d)) the purpose of this Plan is to update the previous relocation plan prior to implementation. Rosenow Spevacek Group, Inc. ("RSG") has prepared and will administer the Plan under the direction of the Agency and will act as the relocation consultant for this Plan. This Plan provides the results of an updated needs assessment survey, an updated housing resource study, and details of the Agency's proposed relocation assistance program. Furthermore, this Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 at seq. ("CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 at seq. ("Guidelines"). No displacement activities will take place prior to the required reviews and approval of this Plan. A. ASSESSMENT OF NEEDS To obtain information for the update of this Plan, personal interviews were conducted with the households living in the Project Site. The inquiries made of the households concerned household size and composition, income, length and type of occupancy, ethnicity, home language, disabilities/health problems, and replacement housing preferences. The interviews were conducted on -site during February and March of 2009. The descriptive data in this Plan is based solely on the responses provided by the households. No attempt was made to qualify income or other information provided by residents. 0 RSG Page 1 C94 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY Occupancy/Overcrowding There is one household encompassed in this updated Plan. The household is composed of three residents residing in a three -bedroom home. Under existing regulations, this condition is not considered to be overcrowded. Income Income information was provided by the household. According to income standards for the County of Riverside (Attachment 2), adjusted for family size as published by the United States Department of Housing and Urban Development ("HUD"), the household is categorized as very low income. Ethnicity/Language The Project Site household identified themselves as Caucasian (3). All members of the household reported the primary language as English. Senior/Handicapped Households There are no seniors (62 years or older) and no handicapped individuals. The household did not indicate that they required any special accommodations or have any specific facility needs. Table 1 shows some of the households' characteristics and needs. Table 1 Housm Descn hon Occu anc Household Size I Room Count I Ethnicity Language 1 Senoors 1 Income Levels Owners Tenant Adults I Children I Bedrooms I Bath Total lCaucasiani Hispanic I English I Spanish es I Na 1 3 1 0 1 3 1 2 7 1 3 1 0 I 3 1 0 1 Na I Very Low source survey of prpceMpwpe,a The Project Site The Project Site is situated on the southeast corner of Dune Palms Road and Westward Ho Drive. La Quinta High School is directly in front of the Project Site and Amelia Earhart Elementary School, and John Glen Middle School are within short driving distance. The Project Site is located within close proximity to a community park, a Fire Station, shopping centers, and grocery stores. Preferred Relocation Areas and Location Needs The Project Site household expressed a desire to remain in La Quinta or to relocate along California State Highway 74 south of Palm Desert. The household is only interested in home ownership. No other additional or special relocation needs (i.e. proximity to public transportation, employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the household. A. REPLACEMENT HOUSING RESOURCES A resource survey was conducted in March of 2009 to identify available comparable, decent, safe, and sanitary units available in close proximity to the Project Site. One three -bedroom O RSG Page 2 095 46130 DUNE PALMS ROAD mUPDATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY unit is required to adequately relocate the Project Site household. Replacement property was identified in consultation with a local realtor, through internet research, and MLS searches. The survey focused on confirming the availability of comparable, decent, safe, and sanitary units, which contain the required minimum number of bedrooms, an area of adequate size for the household, and an area comparable with respect to the number of rooms and habitable living space. Attachment 3 provides a list of comparables (as defined in Guideline section 6008) in La Quinta based on the results of the homeowner surveys. The replacement houses have a similar lot size and living area to the homeowner's original property. B. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other known projects currently underway that will compete for similar replacement housing in the City of La Quinta. C. TEMPORARY HOUSING There is no anticipated need for temporary housing because relocation will not occur until the Agency has entered binding agreements to acquire the property from the owner and other occupants and it is expected that the owner and other occupants shall acquire replacement housing prior to moving from the Project Site. Should such a need arise, the Agency will respond appropriately and in accordance with all applicable laws and requirements. D. PROGRAM ASSURANCES AND STANDARDS Adequate funds are and will be made available to accommodate the payment of all required relocation benefits. Services will be provided to ensure that 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. No one will be displaced without 90 days notice and unless "comparable' replacement housing can be 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 households; 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 households as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the Agency conforms to the standards and provisions set forth in Q PSG Page 3 096 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY 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. E. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced households with questions about relocation and/or assistance in relocating. Jon McMillen, the Acquisition Coordinator, can be contacted at (760) 212-2322 from 8:30 am to 5:00 pm, Monday through Friday. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with the households. Specific activities will include: Distribution of an informational brochure. (see Attachment 4) 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 3. Assistance with completion and filing of relocation claims, loan applications, and appeals forms, if necessary. F. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to the household and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development ("HCD"). G. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The Agency will provide appropriate benefits for the displaced households as required by law. Residential Moving Expense Payments The subject 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. The method of moving expense payments may be selected by the household. Fixed Payment - A fixed payment for moving expenses 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. (See Attachment 5) mcm O RSG Page 4 097 46130 DUNE PALMS ROAD ATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY Actual Reasonable Moving Expense Payments - The displaced household 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. Assistance to Homeowners It is anticipated that one homeowner household will be displaced. Displaced homeowners will be eligible for relocation replacement housing payments if the following conditions are met: a. The households has owned and occupied their unit for not less than 180 days prior to the "Initiation of Negotiations." and b. The households purchases and occupies a replacement unit within one year from: (i) the date that the households receives the final payment from the Agency for all the costs of the acquired unit - or- (ii) the date that the households vacates the acquired unit, whichever is later. Displaced homeowner households will receive assistance in locating a "comparable replacement" unit and will be eligible for the following benefits: 1. Purchase Price Differential: The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a "comparable replacement" unit. The Agency will utilize a Comparative Method (as explained in section 6102 of the Guidelines) to calculate any price differential. Comparative Method: On a case -by -case basis, the Agency will determine the price of a "comparable replacement" unit, which is most representative of the acquired unit, by selecting and considering the listing price of at least three (whenever possible) "comparable replacement" units. (25 Cal. Code Regs. Sec. 6102 (c)(1)(A)(1). ) The Price Differential is the difference between the acquisition cost of the displacement dwelling and the lesser of the following two amounts: • The price the displaces actually paid for the replacement dwelling; or • The price of a comparable dwelling as determined by the Agency. 2. Other Payments: Moreover, displaced homeowners will receive the following assistance: qRSG Page 5 098 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY (a) Payments to cover the cost between the difference of the household's current debt or mortgage service and any increase in debt or mortgage costs necessary to acquire a "comparable replacement" housing unit; and (b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs, and recording and credit reporting fees. 3. Rental Assistance Option: If a displaced homeowner households, which has purchased and occupied its current unit at least 180 days prior to the "initiation of negotiations," desires to rent instead of purchase a replacement unit, the households is eligible for all the benefits and assistance that is available to tenant households. However, such replacement housing payments may not exceed the payments the households would have been entitled to if it had elected to purchase a replacement unit. 4. Last Resort Housing Payments: There is currently sufficient comparable replacement housing for homeowner households and the Agency does not anticipate a lack of sufficient comparable replacement housing in the near future. However, should such a situation arise, the Agency will respond appropriately and in conformance with all applicable laws and requirements. H. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Acquisition Coordinator within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. The Acquisition Coordinator will then submit the relocation benefit claim form to the City Finance Department for review and payment, if appropriate. Failure to submit claims within the 18 month period will prevent the Agency from paying such claims. No households will be displaced until "comparable' housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no households will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. 1. APPEALS POLICY The appeals policy will follow the standards described in section 6150 at seq. of the Guidelines as supplemented by the Agency's approved Grievance Procedures (See Attachment 6). Briefly stated, the displaced households will have the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The request for review must be made within eighteen (18) months from: (i) the date the claimant moves from the acquired Q PSG Page 6 099 46130 DUNE PALMS ROAD UPDATED RELOCATION PLAN LA QUINTA REDE4EI.OPINENT AGENCY property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Failure to make a timely request for review will result in your request being denied. J. PROJECTED DATES OF DISPLACEMENT The remaining household will receive a 90 day notice to vacate before they are required to move. These notices are expected to be issued on or about June 1, 2009. Relocation is expected to be completed on or about September 1, 2009. K. ESTIMATED RELOCATION COSTS The Agency is using the following funds for the Project: • Project Area No. 2, Low and Moderate Housing Funds The following estimates are for budgeting purposes only. These figures are the same as the the original relocation plan and include the actual costs of relocation completed in the original plan. They should not be interpreted as firm, "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, replacement site availability, market rate research, and the judgment of the Agency staff. They do not include payments to consultants or to contractors. Any and all required financial assistance will be provided. The budget estimate is: Table 2: Project Cost Estimate Low Estimate High Estimate $120,000 1 $150,000 O RSG Page 7 100 46130 DUNE PALMS ROAD _ UPDATED RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY INDEX OF TABLES & ATTACHMENTS TABLES Table 1: Housing Description Table 2: Estimated Relocation Costs ATTACHMENTS Attachment 1a: Regional Site Map Attachment 1 b: Project Site Map Attachment 2: HUD Income Category Limits for Riverside County Attachment 3: Housing Resource Survey — Two and Three Bedroom Comparables Attachment 4: Relocation Assistance To Displaced Homeowner Occupants (Brochure) Attachment 5: Fixed Payment Moving Schedule Attachment 6: Grievance Process o RSG Page 8 101 Attachment 1a: Regional Site Map MADpVgSr' --• - " 800rn 0�24001t Ld gn Woodhaven) Country Club 42nd Ave Bermuda Dunes' C':"•-� 0 42nd Ave Palm�, a BDunese —' ser Desert Country a Diary Rd Country Club Club I23 Fre6 Waring DI > -" MlkS Ave Wells rodran �. Slirinys L �`. Golf as Country a Avenue 46 5 Indian Wells Country Club * Club # d .._....,,,. Avenue 46 w .. __. ....._. ... — u C 2006 PdapQuest, Inc ,,,_.... ... .. _ 4>2006 NAVTEQ O RSG Page 9 102 Attachment 1b: 0023 604460026 Project Site Map 60957 010 6046 0012 604670043 �46 1 i 604570092 604670008 700 9 46700 1 60 700 3 ®9460 22 604460027 604570051 GARMELVALLEVAVE 604460036 604460028 604460046 604570041 04�5703Q6 4670036 0467003 604670040 45700 9 80467003 60 6700 4 W 0030.04460029 604670049 600010004 Riverside County TLMA GIS O RSG WESTWARD HO DR 0 600030001 rc N 6000300702 a 600030005 600030006 w s0o03o003 600030004 0 LA QtNNTA 600030009 6DO030008 mnnenn++ 600030012 Approx scale 1:2139 0 206 Feel Page 1.0 103 \ ) k ( & � � k 3 \!}r4r �\r k)®^� ]}®°! !{{\§} ): ; - Z4 -�®!\ �}\ //{!} 0 z z � z 104 Attachment 3: Housing Resource Survey Three Bedroom Com ambles Address Type Sales Price Bedroom/Baths 79185 Canterra Circle, La Quinta Single Family $346,000 3/2 79840 Memorial Place, La Quinta Single Family $359,000 3/3 40825 Starlight Lane, Bermuda Dunes Single Familyl $360,000 3/2 O RSG Page 12 105 Attachment 4: City of La Quinta Redevelopment Agency RELOCATION ASSISTANCE TO DISPLACED HOMEOWNER OCCUPANTS Introduction This booklet describes the relocation payments and other relocation assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("URA') to most homeowners whose home is acquired by the City of La Quinta Redevelopment Agency ("Agency"). To be eligible for the assistance described in this booklet, you must have owned and occupied your home for at least 180 days before the Agency offered to buy it. If you are notified that your home will be acquired and you will be displaced, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions, contact the Agency. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible displaced homeowner occupant, you will be offered the following advisory and financial assistance: Advisory Services. This includes referrals to comparable replacement homes, the inspection of replacement housing to ensure that it meets established standards, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. Payment for Moving Expenses. You may choose either a: Payment for Your Actual Reasonable Moving and Related Expenses, or A Fixed Moving Payment, or ❖ A combination of both, based on circumstances. • Replacement Housing Payment. To enable you to buy or, if you prefer, rent a comparable replacement home, you may choose either: Purchase Assistance, or O RSG Page 13 106 Rental Assistance. If you disagree with the Agency's decision as to the relocation assistance for which you are eligible, you may appeal that decision as provided by the Agency's Grievance Procedures and state HCD Grievance Guidelines. General Questions Will I Be Paid For My Property Before I Have To Move? If you reach an agreement to sell your property to the Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.) Will I Have To Pay Rent To The Agency Before I Move? You may be required to pay a fair rent to the Agency for the period between the acquisition of your property and the date that you move. The rent will not exceed that charged for the use of comparable property. How Will I Know I Am Eligible For Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You will become eligible for relocation assistance on the date you receive the Agency's written offer of "just compensation" to purchase your home. You should not move before receiving that purchase offer. If you do, you may not receive relocation assistance. How Will The Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about you and other members of your households. It is to your advantage to provide the information so that the Agency can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. How Soon Will I Have To Move? O RSG 107 Page 14 If possible, a mutually agreeable date for the move will be worked out. You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available to you and (2) the earliest date by which you must move. What Is A Comparable Replacement Home? A comparable replacement home is: Decent, safe, and sanitary. Functionally equivalent to your present home. Actually available for you to buy. Affordable. Reasonably accessible to your place of employment. Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home. Not subject to unreasonable adverse environmental conditions. Available to all persons regardless of race, color, religion, sex, or national origin. What is Decent, Safe, and Sanitary Housing? Decent, safe, and sanitary housing is housing that: • Meets local housing and occupancy requirements. Additionally, it is housing that: • Is structurally sound, weather tight, and in good repair. • Contains a safe, adequate electrical wiring system. • Has adequate living space for the occupants. • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator. • Has a separate, complete bathroom with hot and cold running water and sewage system. • Has heating as required by climatic conditions. s Has an unobstructed exit to safe, open space at ground level. • Is free of any barriers that would preclude your reasonable use of the unit, if you are a person with a physical disability. Will The Agency Help Me Find A Replacement Home? O RSG Page 15 108 Yes. You will be provided with referrals to comparable replacement housing. If possible, you will be referred to at least three comparable replacement homes. The maximum financial assistance for which you may qualify will be based on the cost of the most representative comparable replacement home that is available to you. When the Agency gives you its initial written purchase offer, it will typically inform you at that time, or shortly thereafter, of your eligibility for relocation assistance, identifying the most comparable replacement home and explain the maximum amount of relocation assistance available to you. Once the Agency representative has a clear understanding of your needs and preferences, he or she will work with you to assure that you are given the best possible choice of housing and offer you transportation to inspect these units. If there is a mortgage on your present home, the Agency will refer you to lenders that can provide mortgage financing for your new home. If the money paid for your old home is applied to the purchase of your new home, there should not be any increase in the number or amount of your monthly payments for mortgage interest and principal. What If I Find My Own Replacement Housing? You have every right to find your own replacement housing. However, before you buy or rent, ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the housing unit is not decent, safe, and sanitary, you will not receive a replacement housing payment. What If I Encounter A Problem In Obtaining Housing Of My Choice? If you encounter a problem in buying or renting housing of your choice, notify the Agency immediately. The Agency will look into the matter and try to resolve it. You will receive this help whether you were referred to the housing unit or found it yourself. If you are unable to buy or rent a housing unit because of discriminatory practices on the part of a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a formal housing discrimination complaint with the U.S. Department of Housing and Urban Development or the appropriate State or local fair housing agency. What Other Services Will I Receive? In addition to help in obtaining a comparable replacement home, other assistance, as necessary, will be provided in order to minimize the impact of your move. This assistance may include referral to appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assis- tance. The range of services depends on the needs of the person being displaced. You should ask the Agency representative to tell you about the specific services that will be available to help you and your family. O PSG Page 16 What Is a Payment For Actual Reasonable Moving And Related Expenses? You are entitled to a relocation payment to cover the actual reasonable cost of your move. If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable costs for: • Transportation for you and your family. • Packing, moving and unpacking your households goods. • Disconnecting and reconnecting households appliances and other personal property (e.g., telephone and cable TV). • Storage of households goods, as may be necessary. • Insurance for the replacement value of your property during the move and necessary storage. • The replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The Agency will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for any costs that you incur, so keep all your receipts. Select your mover with care. The Agency can help you select a reliable and reputable mover. You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer, you may have the Agency pay the mover. In either case, let the Agency know before you move. What Is A Fixed Moving Payment? If you choose a Fixed Moving Payment, you will receive a payment based on the number of rooms of furniture you will be moving, as shown on the Fixed Residential Moving Cost Schedule. The Agency has a copy of the schedule and will help you decide whether choosing this payment is in your best interest. If you do not have an unusually large amount of personal property to move and are capable of moving yourself, this payment should be more advantageous to you. No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim form in order to receive your payment. I Want To Buy Another Home. How Much Purchase Assistance Will I Receive? To help you buy a comparable replacement home, you will receive Purchase Assistance equal to the sum of the following three costs: Purchase Price Differential. If the cost of replacement housing exceeds the amount the Agency pays for your present home, you may be eligible for a payment to cover the difference. The Agency will inform you in writing of the location and Q PSG Page 17 110 cost of comparable replacement housing (and explain the basis of its determination) so that you will know in advance how much assistance you may receive. That information should help you decide how much you wish to pay for replacement housing. You are free to purchase any decent, safe and sanitary housing unit of your choice. If the purchase price is less than the cost of a comparable replacement home, the payment will be limited to the actual difference. If it exceeds the cost of a comparable replacement home, the payment will be based on the cost of a comparable home. Examples: Let's say that the Agency pays $120,000 to purchase your home and that a comparable replacement home costs $130,000. If you pay $129,000 for a replacement home, you would receive a $9,000 differential payment (the difference between the Agency's payment for the acquisition of your home and the cost of your replacement home). If you pay $132,000 for the replacement home, you would receive a $10,000 differential payment (the difference between the Agency's acquisition payment and the cost of the comparable replacement home). Mortgage Interest Differential Payment. This amount covers the "present value" of the additional costs required to finance the purchase of a replacement home that result if the interest rate you must pay for a new mortgage is higher than the interest rate on the mortgage on your present home. It also covers other debt service costs. The payment is based on the lesser of: the mortgage balance on your present home or your new mortgage amount. To be eligible, the mortgage on your home must have been a valid lien for at least 180 days before the Agency's initial written purchase offer for your home. You should provide the Agency with a copy of your mortgage(s) as soon as possible. Based on that information and the prevailing terms and conditions of new mortgage financing, the Agency will compute the approximate mortgage interest differential payment for which you will be eligible, inform you of that amount and explain the conditions on which it is based. The payment will be made available with the purchase price differential in a timely manner to reduce the amount you must borrow to buy your new home. Incidental Expenses. This amount covers those extra costs typically charged when one buys real property, such as the cost of preparing the deed and recording fees; the cost of title insurance, revenue stamps and transfer taxes (not to exceed the cost for comparable replacement housing); loan application, loan origination and appraisal fees; the cost of a credit report; and for other costs such as certification of structural soundness, home inspection and termite inspection. It does not cover prepaid expenses, such as property taxes and insurance. O RSG Page 18 Remember, your total replacement housing payment is the sum of the purchase price differential, mortgage interest differential, and incidental expenses. To qualify for the payment, you must purchase and occupy a decent, safe and sanitary replacement home within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period for good cause. If I Decide To Rent, Rather Than Buy, Another Home, How Much Assistance Will I Receive? If you decide to rent rather than buy a replacement home, you may be eligible to receive Rental Assistance. The assistance covers a 42-month period and is computed in the following manner. The assistance needed for one month is based on the difference between the market rent for your present home (including utilities), as determined by the agency, compared to a comparable rental dwelling available on the market (including utilities). That monthly need, if any, is multiplied by 42 to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Examples: Let's say that the monthly "market rent" and average cost for utilities for your present home are $250 and the monthly rent and estimated average utility costs for a comparable replacement home are $350. If you rent a replacement home for $360 per month, including estimated utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the market rent for your present home ($250) and the cost for a comparable replacement home ($350)). ❖ If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $2,520. That amount is 42 times $60 (the difference between the "base monthly rent" for your present home ($250) and the actual cost of your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period for good cause. The amount of rental assistance cannot exceed the computed purchase price differential. Must I File A Claim To Obtain A Relocation Payment? O RSG Page 19 112 Yes. You must file a claim for each relocation payment. The Agency will provide you with the required claim forms, help you to complete them, and explain the type of documentation, if any, that you must submit in order to receive your relocation pay- ments. If you must pay any relocation expenses before you move (e.g., a deposit when you contract for the purchase of a new home), discuss your financial needs with the Agency. You will be able to obtain an advance payment to meet these costs. An advance payment to purchase a home may be placed in "escrow." An advance payment for moving expenses may be paid directly to the moving contractor to ensure that the move will be completed on a timely basis. You must file your claim within 18 months after the date you move or receive the final payment for the acquisition of your present home. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Agency to extend this period; however the Agency is not obligated to extend this 18 month period.. Be careful not to confuse this 18-month period with the 12-month period within which you must buy or rent and occupy a replacement dwelling in order to be eligible for a replacement housing payment. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. Do I Have To Pay Federal Income Taxes On My Relocation Payments? No. Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. What If I Don't Receive The Required Assistance. Can I Appeal? If you disagree with the Agency's decision as to your right to relocation assistance or the amount of a payment, or the adequacy of the housing to which you have been referred, you may appeal the decision to the Agency. The appeal procedure is spelled out in the HCD Grievance Procedure Guidelines and the Agency's Grievance Procedures. A copy of the Agency's procedures has been attached to the Relocation Plan. The Agency will inform you of its appeal procedures. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. O PSG Page 20 113 If you are a low- or moderate -income person and are dissatisfied with the Agency's determination on your appeal, you may have an additional right to request administrative review of that decision (e.g., by HUD or the State). The Agency will explain whether this option is available. You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have any questions after reading this booklet, contact the Agency and discuss your concerns with an Agency representative. Agency: City of La Quinta Redevelopment Agency Address: 78-495 Calle Tampico La Quinta, CA 92253 Office Hours: 8:30 AM through 5:00 PM; Monday through Friday Telephone Number: (760) 212-2322 Person to Contact: Jon McMillen o RSG Page 21 ...:) 114 Attachment 5: Fixed Moving Schedule Schedule A (Occupant Owns Furniture) Number of Rooms Payments 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 $ 225 Source: California Department of Transportation, Federal Highway Administration Schedules O RSG Page 22 115 Attachment 6: City of La Quinta Redevelopment Agency GRIEVANCE PROCEDURES Purpose: The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his/her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any case where such evidence could have been presented at a lower level and the claimant failed to do so, the relevant hearing body may, at its discretion, refer the matter back to the lower level for consideration and determination prior to their considering such evidence. A failure to provide evidence at a lower level of proceedings may prevent the issue or evidence from being further reviewed, including, without limit, in judicial review for failure to exhaust remedies. These procedures are supplemented by HCD Guidelines sections 6150-6176. A. Right of Review Initial Determination: Any displaced person or business who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Agency to provide comparable permanent or adequate temporary replacement housing or the Agency's property management practices, or not properly applying appropriate regulations, at his/her election, may have his/her claim reviewed and reconsidered by the Agency's relocation consultant in accordance with the following procedures. To obtain an initial determination from the Agency's relocation consultant, claimant must complete a Relocation Complaint form and submit it to the Agency's relocation consultant and the City Clerk within (540) days from the date he/she moves from the acquired property or receives final compensation for displacement from the property, whichever is later. The Agency's relocation consultant shall provide the claimant with a full written explanation of the determination and the basis therefore, which explanation shall be provided within three weeks from the date of receipt of the request. The written explanation shall include a statement of claimant's right to seek within ten (10) days further review of his/her claim by either formal or informal review and an explanation of the steps the claimant must take to obtain this review. The right to an informal oral presentation as provided in section B below or a formal hearing as provided in section C below shall not be conditioned upon first obtaining an initial determination from the Agency's relocation consultant. B.Informal Oral Presentation Agency Review: If the claimant feels that the written explanation provided in section A above is incorrect or inadequate, or if the claimant desires to proceed directly to informal review, he/she may request an informal hearing with the Community Development Director or Designee ("Director"). O RSG (1) To obtain an informal hearing before the Director the claimant must request in writing that the Director schedule such a hearing. Such written request shall be Page 23 »_ 116 Q RSG made (i) within ten (10) days from the date of the written initial determination or, if the claimant does not wish to request an initial determination, (ii) by submitting a Relocation Complaint form within five hundred forty (540) days from the date he/she moves from the acquired property or receives final compensation from the property, whichever is later. (a) Within fifteen (15) days from the date of receipt of claimant's Relocation Complaint form for an informal hearing, he/she will be afforded an opportunity to make an oral presentation, or to request a written review by the Director of the relevant documents and written materials submitted by the claimant. (b) The claimant may be represented by an attorney or other person of his/her choosing at the oral presentation hearing (at the cost of the claimant). (c) The Director shall prepare a summary of the matters discussed and determinations made during the informal hearing, or written review, and serve a copy thereof upon the claimant. (d) The Director shall review and reconsider the determination of the claimant's case in light of: All material upon which the Agency based its original determination including all applicable rules and regulations; The reasons given by the claimant for requesting review and reconsideration of his/her claim; - Whatever additional written material has been submitted by the claimant; and - Any further information which the Director may, in his/her discretion, obtain by request, investigation or research, to ensure fair and full review of the claim. - The proceedings shall not be bound by any formal rules of evidence. (2) The final determination on review by the Director shall include, but is not limited to: (a) The Agency relocation consultant's initial determination, if applicable; (b) The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale; and (c) A statement of claimant's right to seek within ten (10) days further review of his/her claim by the City Manager and Assistant City Manager and an explanation of the steps the claimant must take to obtain this review. (3) The right to a formal hearing as provided in section C below shall not be conditioned upon first obtaining an informal hearing by the Director. Page 24 117 C. Request for Formal Review The City Manager and the Assistant City Manager Review: If the claimant feels that the initial determination by the Agency's relocation consultant, the Director's determination following the informal oral hearing, or written review by the Director is incorrect or inadequate, or if the claimant desires to proceed directly to formal review, he/she may request a formal hearing before the City Manager and the Assistant City Manager (or, if there is no Assistant City Manager, such other person as the City Manager may designate), acting as the Appeals Board ("Appeals Board"). To obtain a formal hearing before the Appeals Board the claimant must request in writing that the Director schedule such a hearing. Such request shall be made (i) within ten (10) days from the date of the Agency relocation consultant's initial determination, the Director's determination following the informal hearing or the Director written review or, if the claimant does not wish to request an informal hearing (ii) within five hundred forty (540) days from the date he/she moves fro the acquired property or receives final compensation from the property, whichever is later. (1) Within fifteen (15) days from the date of receipt of claimants written request, he/she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefore, the hearing date shall be continued to another date. (2) The Appeals Board shall, at the time it gives notice of the formal hearing date, notify the claimant that he/she has the right to be represented by an attorney or others at his/her own expense, to present his/her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross-examination as may be required for full and true disclosure of facts; and the right to seek judicial review after having exhausted all administrative appeal remedies. (3) The Appeals Board shall review and reconsider the initial determination and/or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Agency's representatives. No evidence may be relied upon by the Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. The proceedings of the Appeals Board shall not be bound by any formal rules of evidence. (4) The Appeals Board shall make its determination within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. (5) The Appeals Board's determination shall be made in writing and shall contain its decision, the factual and legal basis upon which the decision is made and a statement informing the claimant of his/her right to appeal the decision to the Agency Board as provided below. O RSG Page 25 •••:� 118 (6) The claimant shall be promptly served with a copy of the Appeals Board's determination. Review by Redevelopment Agency. Any person who believes himself/herself to be aggrieved by any final decision of the Appeals Board may, within five (5) days after that date on the Appeal Board's notice of such ruling or act, appeal the Appeals Board's determination to the Redevelopment Agency Board of Directors (the "Agency") by filing with the Community Development Director a written statement of the rulings or acts complained of and the reasons for taking such appeal. The Director shall thereupon refer such appeal to the Agency at its next regular meeting and the Agency shall thereupon fix a time for the hearing of said matter, which time shall be not less than thirty (30) days from the time said appeal is presented to the Agency by the Director. On the date thus fixed, or on the date to which said hearing shall have been continued, the Agency shall proceed to hear and consider the evidence relating to said matter and shall make and enter on its minutes its final determination therein. The Agency may confirm, modify or set aside the findings of the Appeals Board, and the Agency's determination in the matter shall be final and conclusive. No proceeding or action shall lie against the City, the Agency, the Community Development Director, the City Manager, the Assistant City Manager (or such appointed designee) or any member of either thereof, nor against any officer, agent or employee of the Agency or City to review or enjoin the enforcement of its determination or orders of the Agency made pursuant hereto, or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such action is commenced within ninety days (90) from and after service of notice of the findings and determination of the Agency. Notice of the determination of the Agency shall be served by the Community Development Director upon the person, or persons, taking the appeal. The effect of any order from which an appeal is taken as herein provided shall be suspended and of no force or effect until such appeal is fully determined. The claimant shall be deemed to have exhausted his/her administrative remedies upon filing timely appeals and the Agency taking action upon his/her complaint. E.Time Limits General: The Community Development Director may extend any of the time limits as permitted by HCD Guidelines section 6162 upon a showing of good cause; provided, however, that the time periods established by these Grievance Procedures within which to timely appeal a decision from a lower body shall not be extended. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in Section C above; provided, however, any request to review shall be made within thirty (30) days from the date of receipt by claimant of written notice that the request to extend time has been denied. F. Review of Files By Claimant The claimant may inspect all files and records bearing upon his/her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. G.Effect of Determination O RSG Page 26 »_: P. 119 Determinations made by the Agency Board pursuant to the paragraph entitled "Review by Redevelopment Agency" in section C shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Agency and available for public inspection. H. Right to Counsel Any claimant has the right to be represented by an attorney at his/her expense at any and all stages of the proceedings set forth in this Article. I. Stay of Displacement Pending Review If claimant seeks to prevent displacement, the Agency shall not require the claimant to move until at least 20 days after it has made a determination and the claimant has had an opportunity to seek judicial review. In all cases the Agency shall notify the claimant in writing 20 days prior to the proposed new date of displacement. J. Further Review If the Agency denies the eligibility of a claimant for a payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefore, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. These regulations prescribe the City of La Quinta procedures for granting administrative relief to any person aggrieved by a determination as to eligibility for a payment authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of California Government Code Section 7260, at. seq., with regard to the obligation of the Agency to refer such person to an adequate replacement dwelling or to any person aggrieved by a determination as to eligibility for a payment authorized by the above legislation to provide the opportunity for his/her application to be reviewed by the appropriate department responsible for administering such payments. Q RSG Page 27 »». 120 CFb OF'FH�'�� COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval of Amendment Number 1 to the Reimbursement Agreement Between the City of La Quinta and the Coachella Valley Water District (CVWD) for the Abandonment, Replacement and Relocation of the 6" Water Pipeline Within the Villas of La Quinta, and Approval of Contract Change Order Number 1 With Parsam Construction Inc. to Construct the CVWD Well Site Wall on Avenue 50 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ry CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve Amendment Number 1 to the reimbursement agreement, between the City of La Quinta and CVWD, for the abandonment, replacement and relocation of the 6" water pipeline within the Villas of La Quinta; remove $250,000 of previously appropriated Transportation Development Impact Fee (DIF) funding from the project budget; appropriate $50,851 from CVWD to the project budget for the construction of the well site perimeter wall on Avenue 50; and approve Contract Change Order Number 1 to Parsam Construction, Inc., in the amount of $49,291, to construct the well site perimeter wall on Avenue 50. FISCAL IMPLICATIONS: On March 17, 2009, the City Council appropriated an additional $354,176 of unassigned Transportation DIF funds to the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02. Included within the additional appropriation amount, $250,000 was specifically earmarked to reimburse CVWD for the removal and relocation of the existing water pipeline at the Villas at La Quinta. At that time, the City Council was informed that staff was still in negotiations with CVWD to establish an appropriate cost sharing agreement for the water pipeline relocation. „�:; 121 Attached for the City Council's consideration (Attachment 1) is the First Amendment to Reimbursement Agreement For The Abandonment, Replacement and Relocation of 6" Water Pipeline Within the Villas of La Quinta. Among other things, the agreement amendment assigns 100% of the cost to relocate the water pipeline to CVWD, and assigns 100% of the cost to design the water pipeline to the City of La Quinta. In addition, the agreement amendment provides additional funding in the amount of $50,851 from CVWD for the City to construct the well site perimeter walls on Avenue 50. Contract Change Order Number 1 for Parsam Construction, Inc., in the amount of $49,291, to construct the well site perimeter wall on Avenue 50 is provided for the City Council's consideration (Attachment 2). Approval of the agreement amendment will allow $250,000 of Transportation DIF funding to be removed from the project budget and be returned to the unassigned Transportation DIF account for use on other projects. Contingent upon City Council approval of the agreement amendment, the following is the amended project funding and funding sources for the combined sound attenuation wall project for Lago La Quinta and The Villas at La Quinta: Transportation DIF $1,306,880 CVWD Funding $50,851 Total Funding: $1,357,731 The following is the project budget with the well site perimeter walls included: Professional: $30,000 Design: $100,508 Inspection/Testing/Survey: $86,140 Construction - Sound Attenuation Walls: $963,697 Construction — Well Site Perimeter Walls: $50,851 Administration: $55,512 Contingency: $71,023 Total: $1,357,731 The City has expended $18,065 on the design of the waterline. These costs were previously included within the design budget presented above and no additional appropriation is required. '' 122 CHARTER CITY IMPLICATIONS: At the time of the bid, the project was expected to be 100% funded with Transportation DIF funds which are generated locally. Subsequently, the project was bid without the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of sound attenuation walls on Avenue 50 adjacent to Lago La Quinta, and on Washington Street adjacent to The Villas at La Quinta. As a water conservation measure, the project scope has been expanded to include the installation of drought tolerant landscape improvements within the parkway adjacent to Lago La Quinta. At the request of CVWD, construction of perimeter walls surrounding CVWD's well site on Avenue 50 and the relocation of a conflicting waterline serving the Villas of La Quinta were added to the project. On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year 2007/2008 through Fiscal Year 2011/2012 Capital Improvement Program (CIP). The sound attenuation walls adjacent to Lago La Quinta and The Villas at La Quinta are included in the adopted CIP budget as a single project and reflect previously appropriated funding. On December 18, 2007, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Lago La Quinta and The Villas at La Quinta Sound Attenuation Wall Project No. 2006-02. The project was initially advertised for bid in late December 2007. Shortly thereafter CVWD initiated the process of relocating the existing fire hydrants to make room for the sound attenuation wall at The Villas at La Quinta. During this activity, CVWD discovered that the waterline serving The Villas at La Quinta was beneath the property line where the proposed sound wall was to be constructed. The advertisement for bid for the project was discontinued until the issue could be resolved. Following further investigation, staff learned that the existing waterline was not recorded on CVWD's water facility atlas, nor was it marked in the field by Underground Service Alert (USA) during the designer's pot holing (i.e. field verification) process. In short, the location of the waterline was not known until CVWD attempted to relocate the existing fire hydrants to make room for the new sound attenuation wall. The conflicting waterline must be relocated before the sound attenuation wall improvements can be installed. Several options were explored with CVWD. Ultimately it was decided that the existing waterline would �. ` 123 have to be abandoned and new service connections would have to be made to an existing newer waterline in Washington Street. On February 19, 2008, the City Council approved a Reimbursement Agreement, between CVWD and the City of La Quinta, for the construction and relocation of a waterline within The Villas at La Quinta, in conjunction with the construction of The Villas at La Quinta sound attenuation wall, Project No. 2006-02, subject to any final revisions approved by the City Manager and City Attorney. On May 6, 2008, the City Council approved Contract Amendment Number 1 to Omnis Professional Services Agreement (PSA), in the amount of $9,480, to provide additional engineering services for the relocation of the waterline fronting The Villas at La Quinta Sound Attenuation Wall, Project No. 2006-02. In addition, two additional contract amendments to Omnis PSA were approved by staff. Contract Amendment Number 2 authorized an additional $5,780 for the preparation of landscape and irrigation plans to convert the parkway adjacent to Lago La Quinta from turf to drought tolerant landscape. Contract Amendment Number 3 authorized an additional $7,808 for Omnis to locate the existing utilities within the Villas of La Quinta common area in response to CVWD's plan check comments for the proposed waterline relocation and to pay CVWD's plan check fee on behalf of the City. On March 17, 2009, the City Council appropriated an additional $354,176 of unassigned Transportation Development Impact Fee (DIF) funds, awarded a contract to Parsam Construction, Inc., in the amount of $963,697, Project No. 2006-02 and authorized the City Manager to execute the contract. The following represents the project schedule: Award of Contract Sign Contracts and Mobilize Construction (120 Working Days) Project Close-out FINDINGS AND ALTERNATIVES: March 17, 2009 March 18 - 31, 2009 April 2009 — July 2009 August 2009 The alternatives available to the City Council include: 124 1. Approve Amendment Number 1 to the reimbursement agreement, between the City of La Quinta and CVWD, for the abandonment, replacement and relocation of the 6" water pipeline within the Villas of La Quinta; remove $250,000 of previously appropriated Transportation Development Impact Fee (DIF) funding from the project budget; appropriate $50,851 from CVWD to the project budget for the construction of the well site perimeter wall on Avenue 50; and approve Contract Change Order Number 1 to Parsam Construction, Inc., in the amount of $49,291, to construct the well site perimeter wall on Avenue 50; or 2. Do not approve Amendment Number 1 to the reimbursement agreement, between the City of La Quinta and CVWD, for the abandonment, replacement and relocation of the 6" water pipeline within the Villas of La Quinta; do not remove $250,000 of previously appropriated Transportation Development Impact Fee (DIF) funding from the project budget; do not appropriate$50,851 from CVWD to the project budget for the construction of the well site perimeter wall on Avenue 50; and do not approve Contract Change Order Number 1 to Parsam Construction, Inc., in the amount of $49,291, to construct the well site perimeter wall on Avenue 50; or 3. Provide staff with alternative direction. Respectfully submitted, "'L le, Lt-e-� mothy R. Jon sso E. Public Works irect /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City/CVWD Agreement Amendment 1 2. Contract Change Order Number 1 125 ATTACHMENT 1 FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR THE ABANDONMENT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE WITHIN THE VILLAS OF LA OUINTA THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR THE ABANDONMENRT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE WITHIN THE VILLAS OF LA QUINTA ("Amendment") is entered into this _ day of April, 2009 ("Effective Date"), by and between the City of La Quinta, a municipal corporation and charter city in the State of California ("City") and Coachella Valley Water District, a public agency of the State of California ("District"). The City and District are at times hereinafter referred to individually as the "Party," and collectively as the "Parties." RECITALS A. City and District executed that certain Reimbursement Agreement for the Abandonment, Replacement and Relocation of 6" Water Pipeline within the Villas of La Quinta dated April 23, 2008 ("Agreement"). Each initially capitalized term shall have the meaning given it in the Agreement, unless specifically defined herein. B. The Agreement provided, in part, for the abandonment, replacement and relocation of the Water Pipeline as a result of the City's Perimeter Wall Improvement Project. C. The Parties hereto agree to amend and supplement the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE TO AMEND AND SUPPLEMENT THE AGREEMENT AS FOLLOWS: 1. The Parties agree that the Water Pipeline shall be abandoned as more particularly described in the Agreement. 2. The term "Water Pipeline Project" shall be amended to mean: (a) the abandonment of the Water Pipeline; and (b) reconnection of forty-eight (48) water service Lines to the existing eighteen inch (18") diameter water main in accordance with the Revised Plans (as that term is defined in Section 3 below). The amended Water Pipeline Project shall be referred to in this Amendment as the "Amended Water Pipeline Project." 3. The City has caused the preparation and finalization of the Plans for the Amended Water Pipeline Project ("Revised Plans"). District has approved the Revised Plans. r&s draft # 1 3.16.09 1 126 4. Sections 2.3 and 3.5 of the Agreement are hereby deleted in their entirety. 5. District shall, at its sole cost and expense, be responsible for the installation and construction of the Amended Water Pipeline Project in substantial compliance with the Revised Plans including, but not limited to, the backfilling and paving the trench and any holes as a result of the service line reconnections (`Backfill Work"). The City shall accept the Backfill Work as completed by or on behalf of the District; or City may, at its sole cost and expense, grind and overlay the street over which the Backfill Work has been completed. City hereby authorizes District to construct and install the Amended Water Pipeline Project in substantial accordance with the Revised Plans without the need for further consents, approvals, permits, authority, licenses or entitlements from City. 6. Notwithstanding Section 5 above, City shall be responsible for one hundred percent (100%) of the following costs and expenses as of the Effective Date of this Amendment: a. Any amounts paid or incurred with respect to the Plans and/or the Revised Plans; b. Any amounts paid or incurred with respect to Sections 3.1 through 3.4 of the Agreement; and C. Any work performed by any title company in connection with the Water Pipeline Project and/or the Amended Water Pipeline Project. 7. The Parties hereby agree that the Perimeter Wall Project shall include the replacement of an existing chain link fence with a block wall as generally depicted on Exhibit "A" attached hereto and by this reference incorporated herein ("New Block Wall"). The New Block Wall shall include the replacement of all existing chain link fence with a block wall in such location generally depicted on Exhibit "A" attached hereto and by this reference incorporated herein. The New Block Wall shall include the same or substantially the same materials as incorporated into the remainder of the Perimeter Wall Project. The Parties anticipate that the City shall complete the New Block Wall on or before November 15, 2009. After City has installed or caused the New Block Wall to be installed, the City shall invoice the District and the District shall pay the City the sum of Fifty Thousand Eight Hundred Fifty -One Dollars ($50,851.00) in accordance with the terms set forth in Section 3.6 of the Agreement. 8. Except as otherwise amended and supplemented in Sections 1 through 7 above, the terms and conditions of the Agreement shall remain in full force and effect. Notwithstanding the immediately preceding sentence, the Agreement shall be interpreted in a manner consistent with the intent of this Amendment. r&s draft #I 3.16.09 2 127 IN WITNESS WHEREOF, the City and District have caused this Amendment to be executed as of the day and year first above written. CITY: City of La Quinta, a municipal corporation and charter city in the State of California By Name: Thomas P. Genovese Its: City Manager ATTEST: City Clerk APPROVED AS TO LEGAL FORM: City Attorney DISTRICT: Coachella Valley Water District a public agency of the State of California By_ Name: r&s draft # 1 3.16.09 3 128 ATTACHMENT 2 C&t!t 4 4 a" Sheet I of I CONTRACT: Lago La Quinta and Villas of La Quinta Sound Attenuation Walls PROJECT NO. 2006-02 CONTRACTOR: Parsam Construction, Inc. 3334 Barnes Circle Glendale, CA 91208 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE Construct the wall improvements around the CV WD wellsite as described in the project specifications as Additive Alternate #1 for the project bid price. Total $ 49,291.00 Previous Contract Amount Through Chan e Order No.O S963,69700 Add This Change Order No. 1 S 49,291.00 Revised Contract To, $ 1,012,988.00 By reason of this contract change order the time of completion is adjusted as follows: -0- days added to contract time. The revised contract completion date shall be: 9/28/09 Submitted Approved By: We, the undersigned Contractor, havegiven careful consideration to the changeproposed and hereby agree, if this proposal is approved, that we will provide all equipment, f n-nish all materials, perform alllabor, except as may be noted above, and perform all services necessa v to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any dela}s. Accepted Contractor: Date: 'n»• _ 129 Tw�p ot 4 a" COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $1,000 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431 .43.73 for Storm Drain Maintenance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32279, Mirage at La Quinta, is located north of Avenue 58 approximately half a mile west of Madison Street (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. Attachment 2 indicates the amount of the warranty security. 130 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R na s P.E. Public Works Di ctor/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 131 ATTACHMENT 1 TM 32279 MIRAGE AT LA QUINTA VI NOT TO SCALE CITY COUNCIL MEETING: April 7, 2009 ITEM TITLE: Acceptance of Off -site Improvements Associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley APPLICANT: Mr. Sean Doyle, Standard Pacific Homes 132 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 32279 - Off -Site Improvements Development Name: Mirage at La Quinta OFFSITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materialsz Original Amount Proposed Reduction WARRANTY AMOUNT Storm Drainage $11 585 $11,585 90% $1 159 Street Improvements $52 142 $52 142 90% $5 214 Meandering 8 FT Sidewalk $7 590 $7 590 90% $759 Domestic Water $19014 $19 014 90% $1 901 Sanitary Sewer $4,460 $4,460 90% $446 Avenue 58 Street Light $4,000 $4,000 90% $400 Landscaping (Parkway) - - - Monumentation $0 $2,000 100% $0 Standard 10% Contingency $9,879 $10,079 100% $0 Professional Fees, Design 10% $10,867 $11,087 100% $0 Professional Fees, Construction (10%) $10,867 $11,087 100% $0 Totals $130,404 $133,044 $9,879 i Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. .• 0 133 Tity4 4 Q" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 21, 2009 BUSINESS SESSION: ITEM TITLE: Approval of the Plans, Specifications and CONSENT CALENDAR: Engineer's Estimate (PS&E) and Authorization to STUDY SESSION: Advertise for Bid the Village Wayfinding Sign Program, Project Number 2007-04 PUBLIC HEARING: RECOMMENDATION: Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Village Wayfinding Sign Program, Project Number 2007-04. FISCAL IMPLICATIONS: The following is the project's proposed funding and funding sources: RDA Project Area No. 1 Total Funding Available: $442,200 $442,200 Both the City Council and the Agency Board have made findings pursuant to Health and Safety Code Section 33445 regarding the use of the redevelopment funds for this project. Based on the engineer's estimate, prepared by NAI Consulting, Inc., in the amount of $260,000, the following is the estimated project budget: Design: Professional: Inspection/Testing/Survey: Construction: Contingency: Total: $30,000 $ 30,000 $27,000 $260,000 $95,200 $442,200 ....: ' 134 CHARTER CITY IMPLICATIONS: The Village Wayfinding Sign Program is funded with RDA Project Area No. 1 funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements consist of the installation of five Primary Gateway Signs, 43 Local Vehicular Signs, 13 Trailblazer Signs, and five Pedestrian guide signs. On May 1, 2007, the City Council conducted a public hearing and adopted a Resolution approving the Fiscal ' Year 2007/2008 through 201 1 /2012 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Village Sign Program was included for funding within Fiscal Year 2007/2008. On October 7, 2008, the Redevelopment Agency Board considered design concepts for the Village Sign Program. Preliminary design services were rendered by Best Signs, Inc. via a contract for services agreement which commenced on May 1, 2008. The scope of work entailed design and planning tasks in relation to development of a Village Sign Program, which involved a number of meetings with staff as well as the Chamber of Commerce and several Village merchants. The meetings facilitated discussion of a comprehensive sign program for the La Quinta Village that would direct people from Highway 111 and other major arterials into the Village area. Stake holders expressed their support of the program, valuing its intent to increase traffic to the Village and encourage more shopping, dining, and event participation. On January 20, 2009, the City Council approved the final plans for the Village Sign Program; directed staff to bring back detailed bid specifications for City Council approval; and directed staff to review locations of signs for maintenance considerations and clutter of signs. In accordance with this direction, NAI Consulting, Inc. provided the necessary final design services and prepared the bid documents. The PS&E for the Village Wayfinding Sign Program are now complete and available for review within the City's Public Works Department. The plan sheets are attached for the Council's review at Attachment 1. The Village Wayfinding Sign Program consists of the following components: ...." 135 Primary Gateway Sign. This component entails a total of five "major roadway" signs to be placed on Highway 1 1 1 at the intersections of Washington Street and Jefferson Street. These signs are intended to direct traffic from the Highway 1 1 1 corridor to the La Quinta Village. A sample elevation of this sign is provided at Attachment 2. Local Vehicular Sign. This component entails 43 "local directional" signs to be placed at primary intersections throughout the City of La Quinta. These signs are intended to direct traffic from major arterials in La Quinta to the La Quinta Village and other points of interest. A sample elevation of this sign is provided at Attachment 3. La Quinta Village Trailblazer Sign. This component entails 13 "Village directional" signs to be placed at strategic intersections within the Village area. The Village Trailblazer sign is a new sign element that is designed for slower traffic and is more destination -specific in nature. These signs would identify specific facilities, such as: La Quinta Public Library, La Quinta Museum, La Quinta Senior Center, La Quinta Civic Center, Public Parking, and Chamber of Commerce. The Trailblazer Sign locations have not been previously approved by the City Council and will be bid as an additive alternate. The City Council will consider the inclusion of the Trailblazer Sign at the time of award. Pedestrian Guide Sign. This new sign element entails five "pedestrian guide" signs to be placed strategically within the La Quinta Civic Center. The pedestrian guide sign is intended to direct pedestrians to nearby points of interest, such as, the La Quinta Civic Center, La Quinta Public Library, Senior Center, and Chamber of Commerce. The Pedestrian Guide Sign locations have not been previously approved by the City Council and will be bid as an additive alternate. The City Council will consider the inclusion of the Pedestrian Guide Sign at the time of award. In addition, staff is working with its counterpart at the City of Indian Wells to obtain an encroachment permit to locate a sign on Washington Street in the west parkway between the Whitewater River Bridge and Miles Avenue. Contingent upon City Council authorization to advertise the project for bid on April 21, 2009, the following is the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction (60 Working Days) Project Close-out April 21, 2009 April 23, 2009 - May 21, 2009 June 2, 2009 June 3 - June 19, 2009 June - September 2009 October 2009 ..y 136 0 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Village Wayfinding Sign Program, Project Number 2007-04; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bid the Village Wayfinding Sign Program, Project Number 2007-04; or 3. Provide staff with alternative direction. Respectfully submitted, A,'�' Q6��� othy R. Jon sso , .E. Public Works irect City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Project Plan Sheets 2. Primary Gateway Sign Elevation 3. Local Vehicular Sign Elevation �..' 137 - _ - - i • z • • • v z 1 4qq' 88- 9i 88- 96 qq- gg 99 R Ea�i E�q6 EAli Eli d f jIli � Q96 •�� g6 �� IqB y� 4 gpB Ea�6 � B B 6 BB 9 € i�qB �� y� dE& B� aB 6 � s 1 i d 6 d 6 d i d i d i d i d II d d 1 d ifitl d d d I d i d i d l d i;� d •, 6 d i d 611 d d dd tl G G G : tl tl i i i i i G i i i F i M E E&SgBE BEEBE� €&BE.@B.;&fE6�EE.6.€.E,€§QE 1 d�l i IiE i 6iii i i@ E i EFE•i f @E d d d d d dddd d d d d d d d d dd C) 0 C H � 0 '3 x d� 0 H ma oAD �C� r -3 o z a D H H D F m m Z H 138 II MII 1l p . n �•,.` �'-'Iryi'� III II" -I I11 � I; I, II ' ixFl � m g;g R C<01 III tlll w `-H TTj �pl C CD .�-t a❑ ❑ W�: 5 :`; my O7 "1 140 ||E $ r E�y«; \\ §|\ §\ ! ; �{\•! ,���� $% § n KE -: /%■E�f, ° %!E®= :: ~\ «- � ®\i \ %| \f■ ! ` } /fo\f� [ :E&■(fp,� 00"a22�-s`: 4LL-4' ��� @ \(| §■|E g |!|! k } �] e M Z )�\ j y M■ Eastbound Hwyl 11 Primary Gateway Sign Panel 39"x60" Overall Height 13'6" 'd- ka+ ATTACHMENT 2 CLenn q�*• CITY OF LA QUINTA Wzr b r--i vroma. THE VILLAGE WAYFINDING SIGN PROGRAM Project Add,.... LA QUINTA CA Account R•pnuntotm JIM CROSS o.ann• CRISTINA GARCIA JAe. ■{l� JANUARY 6, 2009 Sca.: 3/%"=1'.0" ill. noma: C/CityOfLaQuinta/SignPragrarn/ FinalDesign/rendering O1 R•.:d.., Client Approwl INCprPpR Pifn 1550 S. Gene Autry Trail Palm Springs, CA 92264 TEL: (760) 320-3042 FAX: 760-3204090 cr O _ CONTRACTORS LIC. NO 52448524483 xpaoinc NI .T.I.I... ffloon NOInli...Ilcr ruwuRx.meumAnmoxe: ama m vvmmcmoma mlwam.mmmonNn" mc, wwroN dacox.v.x m'minn 1. n nliou wunau wlw� ix � xmR APIIIIWIIPR91IfIE0 rowing No. 1 <2 /^>»�■ '\ mmm q! \ p /` /§q%!b! . �� - \ ! - }_ �!/ : ! _! o , ƒ|), §ƒ%ƒ ) ! � \ ;i � ' 9 145 a 42g2spgFPg�`-, s� i • ov `v Ra�cA lei;qq - $q `\�d' VP T i 0<m C Yi Ls T� O e_ F §�PS 33 0 Fa $ 0 3F5 zp F� z W b 1 146 3 COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Adoption of a Resolution Approving Amendments to the Joint Powers Agreement of the Palm Springs Desert Resorts Communities Convention and Visitors Authority RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /O STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City of La Quinta approving amendments to the Joint Powers Agreement of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) as approved by the CVA's Executive Committee on March 20, 2009. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 20, 2009, the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) considered two amendments to its Joint Powers Agreement in connection with the recently established Tourism Business Improvement District (BID). The CVA's Executive Committee approved two amendments which must be approved by two-thirds of the CVA's member cities in order to become effective. The amendments are related to the CVA's Hospitality and Industry Business Council (HIBC), which is currently a 17-member advisory body appointed by the CVA's Executive Committee. 147 The CVA has recommended that the La Quinta City Council approve the following amendments to the Joint Powers Agreement (a redline version of the Agreement is provided as Attachment 1): Article 1, Hospitality Industry and Business Council [to read]: "A managing body, Hospitality Industry and Business Council, Inc., a California corporation." Article IX, POWERS AND DUTIES OF EXECUTIVE COMMITTEE [add]: "The Executive Committee shall appoint as a managing body the Hospitality Industry and Business Council, Inc." The Hospitality Industry and Business Council was given certain authority in connection with the establishment of the Tourism BID (which imposed a 2% room tax on Coachella Valley hotels and motels with 50 or more sleeping rooms). Upon approval of the amendments, the HIBC will become a managing board responsible for overseeing most of the revenue and marketing initiatives of the CVA due to their increased financial contribution through the Tourism BID. In addition, the HIBC proposes to expand its membership and add more representatives from hotels, restaurants, attractions, and other businesses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City of La Quinta approving amendments to the Joint Powers Agreement of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) as approved by the CVA's Executive Committee on March 20, 2009; or 2. Do not adopt a Resolution of the City of La Quinta approving amendments to the Joint Powers Agreement of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) as approved by the CVA's Executive Committee on March 20, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, 29 Do A R. ans Assistant City Manager — Development Services 148 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Redlined version of CVA Joint Powers Agreement 149 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE JOINT POWERS AGREEMENT OF THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY RELATED TO THE HOSPITALITY INDUSTRY AND BUSINESS COUNCIL WHEREAS, the City of La Quinta is a member of the Palm Springs Desert Resort Communities Convention and Visitors Authority ("Authority"); and WHEREAS, the Authority on March 20, 2009, approved an amendment to the Joint Powers Agreement, as set forth below; and WHEREAS, amendments to the Joint Powers Agreement may not be effective except by a vote of two-thirds of the entire membership; NOW, THEREFORE, BE IT RESOLVED, that the following amendments to the Joint Powers Agreement of the Authority are hereby approved: Article I was amended to delete the following: "Hospitality Industry and Business Council: An advisory body composed of 17 private or associate members appointed by the executive committee." The foregoing was replaced by the following: Hospitality Industry and Business Council: A managing body, Hospitality Industry and Business Council, Inc., a California Corporation. Article IX was amended to delete the following: "The executive committee shall appoint a Hospitality Industry and Business Council composed of 17 private and associate members for three years, staggered terms." The foregoing was replaced by the following: "The Executive Committee shall appoint as a managing body the Hospitality Industry and Business Council, Inc." 150 Resolution No. 2009- Amendment to CVA Adopted: April 21, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 't day of April 2009, by the following vote, to wit: AYES: IT111111 *5 ABSENT: Fe1:131FA ITS DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 151 ATTACHMENT REDLINED JOINT POWERS AGREEMENT 152 CONVENTION AND VISITORS AUTHORITY PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT Last Amended June 18, 2002 Servino the Desert Resort Communities of Riverside County Cathedral City Desert Hot Springs Indian Wells Indio La Ouinta • Palm Desert Palm Springs Rancho Mirage Washington, DC Sales Office 515 King Street, Suite 315 Alexandria, VA 22314 T. 703-549.8026 F: 703-519-7579 .................................................................. . I .... .._............. _..... __.. ..._ ... ' ....... ........... _ .. ..... _. .. --- .... ...._........__ ... ......... 153 il; 12 13 a 15 16 17 is 19 20 21 22 23 24 2s JOINT POWERS AUTHORITY CREATING THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY" Acting pursuant to Article I, Chapter 5, Division 7, Title I of the California Government Code (Section 6500 et seq.), the parties signatory to this agreement, as listed in Appendix A attached hereto, hereby join together and agree as follows: ARTICLE I DEFINITIONS Active Member. A member organization as defined below. Associate Member. Associate Members shall be a non -governmental entity whose business and activities are related to the convention or tourism industry, for the purposes of this agreement, but whose place of business is not within the boundaries of a governmental agency which is eligible to become a member or an inactive member of the Authority. Executive Committee. The governing body of the Palm Springs Desert Resorts Convention and Visitors Authority formed pursuant to Article VIII of this Joint Powers Agreement. Calendar Year. The Calendar year for the Palm Springs Desert Resorts Convention and Visitors Authority shall commence January 1 of every year and end December 31 of the same year. Fundine Formula. A method of computing revenues to be paid to the Authority by member organizations based on gross hotel room sales generated, as stated in Article ia, and as illustrated in Exhibit A. The definition of a "Convention Meeting Hotel" is contained in Exhibit B. Hospitality Industry and Business Council. 154 2 3 4 5 6 7 s 9 to n tz 13 ,4 15 16 n is 19 20 21 22 23 24 25 '6 -- ----_:_._a t-,"-- r.•--•- ^'-"""""'« A managing body, Hospitality Industry and Business Council, Inc., a California corporation. Inactive Member. A member organization, wch has given notice of withdrawal pursuant to Article )= of tlis agreement and thereafter is not eligible for continued representation on the Executive Committee. Member Organization. A city in the Coachella Valley or Riverside County Government, which has signed the Joint Powers Agreement, has made the prescribed contribution to the Authority and has not given notice of withdrawal all references to "member" (unless other wise modified), ,,active member" or "active city member" shall mean a member organization. Private Member. A private member shall be a non -governmental entity whose place of business is within the jurisdiction of an active govermnental member organization and whose business and activities are directly related to the convention or tourism industry and the purposes of this agreement. Teclmical Advisory Conunittee. A committee comprised of one citymanager/administrator from each member organization, with the function of advising on all matters, which come before the Executive Committee. ARTICLE II PURPOSE This Agreement is entered into the by the public member organizations, as parties hereto, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of the member organizations and their citizens. .... 155 2 3 4 5 6 7 s 9 io 11 12 13 -4 15 16 17 is 19 20 21 22 23 24 25 '6 ARTICLE III PARTIES TO AGREEMENT Each member organization, as a party to this Agreement, hereby agrees and contracts with each and every other member organization as parties to this Agreement, together with such other organizations as may hereafter be added as parties to this agreement, to abide by the temis of this agreement as hereinafter set forth. Each member organzation also agrees that withdrawal of any party from this Agreement shall not affect this Agreement as to those member organizations then remaining. ARTICLE TV TERM This Agreement shall become effective February 1, 1989, or as soon thereafter as it is approved and executed by three or more member organizations, and shall continue to full force and effect until terminated as herein provided. ARTICLE V CREATION OF CONVENTION AND VISITORS AUTHORITY In order to most effectively achieve the purposes and goals of this Agreement, there is hereby created a public entity, separate and apart from the parties hereto, to be known as the Palm Springs Desert Resorts Convention and Visitors Authority. ARTICLE VI POWERS OF THE AUTHORITY The Authority shall have all of the powers common to its member organizations and is authorized, in its own name, to make and enter contracts, to employ agents and employees, to acquire, construct, manage, maintain or operate any building, works or improvements, to acquire, »..:� 156 to 12 13 14 is 16 17 is 19 20 21 22 23 24 25 hold, or dispose of property, and to incur debts, liabilities, or obligations. The Authority shall have the power to sue and be sued in its own name. The Authority may receive and use contributions and advances from member organizations pursuant to Government Code Section 6504, including contributions or advances of personnel, equipment, or property. It may invest any money in its treasury, not required for its immediate necessities, pursuant to Government Code Section 6509.5. The Authority may do such other things as are necessary to carry out the purposes and achieve the objectives of this Agreement. These powers shall be exercised by the Authority pursuant to the terms hereof and as provided by law. 1�71�1L�]Tl�ti�ill OBLIGATIONS OF THE AUTHORITY The debts, liabilities, and obligations of the Authority shall be the sole responsibility of the Authority and shall not become the debts, liabilities, or obligations of the member organizations or any one of them except that a member organization may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the Authority. ARTICLE VIII EXECUTIVE COMMITTEE The Authority shall be governed by an Executive Committee comprised of elected officials from each active public member organization. Each member organization shall appoint a member of its governing body as member of the Executive Connnittee, and a second member of its governing body as an alternate member of the Executive Committee. The County of Riverside may appoint a County Senior Staff member with full voting rights as the alternate member of the Executive committee. Each member of the Committee shall serve at the pleasure of the appointing member organization. When a committee member or alternate committee member is »..." 157 it, 12 13 l4 1s 16 17 1s 19 20 21 22 23 24 25 '6 ao longer a member of the governing body of the appointing organ zation, memberslrip on file xecutive Committee shall automatically terminate. Any vacancy on the Executive Comunittee shall be promptly filled by the appointing member orgamzation. ARTICLE IX pOvvERS AND DUTIES OF EXECUTIVE COMMITTEE The Executive Committee shall exercise all the powers and conduct all the business of the Authority, either directly or by delegation of authority, as the Executive Conunittee deems appropriate. The Executive Committee shall adopt bylaws to provide for the organization and administration of the Authority. The bylaws shall be adopted by a majority vote of all the members of the Executive Committee and may thereafter be amended in like manner, except as more restrictive requirements may appear in said bylaws. The Executive Committee shall approve and adopt a budget for the Authority by November 30th of each year for the Calendar i year beginning January 1st of each year. The Executive Committee shall appoint as a managing body the Hospitality Industry and Business Council, Inc. The Executive Committee shall be advised on all matters by a Technical Advisory Comm ttee comprised of one city manager/administrator from each member orguuzation. The Executive Committee shall hire a President who shall be a professional manager to organize all affairs of the Authority. The Executive Committee may create such other committees, as it deems necessary to achieve the purposes and intent of this Agreement as required by law. ARTICLE X DESIGNATION OF TREASURER AND AUDITOR The Executive Committee shall designate a Treasurer and one or more Deputy Treasurers. The Office of Treasurer may be held by President. 158 2 3 4 5 6 7 s 9 10 11 12 13 4 1s 16 17 is 19 20 21 22 23 24 25 The Treasurer shall: 1. Receive and receipt for, all money of the Authority and place it in the treasury of the Authority; 2. Be responsible, upon his official bond, for the safekeeping and disbursement of all Authority money so held by him; 13. Pay, when due, out of money of the Authority so held by him, all sums due from the Authority, or any portion thereof, submit Warrant Registers to Auditor for review and approval prior to submittal to Executive Committee; submit to auditor payroll registers for monthly review; 14. On a monthly basis, verify and report, in wiring to the Executive Committee, the amount of money he holds for the Authority, the amount of receipts since his last report and the amount paid out since his last report; 5. Pursuant to Government code 53646, the Treasurer shall submit monthly and annual reports to the Executive Committee. The Treasurer shall invest idle funds to conform to the provisions of Government Code 53651; 6. Develop and submit for Executive Connnittee approval, annually, investment policies governing the management of the Authority's idle funds. 7. Develop and adhere to Policy and Procedures Manual as approved by Auditor and Executive Committee; The Treasurer and such other persons who shall have charge of, handle, or have access to any property of the Authority shall file an official bond in an amount to be determined by the Executive Committee and sufficient to secure the assets of the Authority. At the close of each Calendar year, the Treasurer shall contract with a Certified Public :..... 159 10 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 '6 Accountant or Public Accountant to make an annual audit of the accounts and records the Authority. The minimum requirements of such audits shall be those prescribed by the State Controller for special districts under Section 26909)of the Government Code and shall conform to generally accepted auditing standards: A report of such audit shall be filed as a public record with each member organization and with the County Auditor for the County of Riverside. Such report shall be filed within six months of the end of the Calendar year under examination. The cost of such audit shall be borne by the Authority. All funds of the Authority shall be strictly accounted. A member organization may request a report of all receipts and disbursements at any time. The Executive Committee shall designate appropriate officers of one of its member organizations to be the Auditor. The Auditor shall: 1. Review and recommend to Executive Committee accounting procedures and policies governing the Joint Powers Authority; 2. Review and approve all demands listed on the Warrant Registers prior to submittal to Executive Committee; Review payroll registers monthly; 3. Review all the financial reports being submitted to Executive Comrnittee and make Executive Connlittee aware of any discrepancies or potential problems in the reports; 4. Review investments made by President; or Treasurer; 5. Review audit report prepared by Certified Public Accounting firm prior to finalization of report and submittal to Executive Committee; 6. Assist staff in selection of Certified Public Accounting firm; ._ 160 2 3 a s 6 7 8 9 t0 n t2 13 14 is 16 17 18 19 20 21 22 23 24 25 -6 ARTICLE XI CONTRIBUTIONS Each member organization shall pay into the treasury of the Authority, the sun of $2,500, or if it is greater, a sum determined according to a fonnula determined by the Executive Committee. Such formula shall be reviewed annually and adopted in accordance with Article XVI. The initial formula determined by the Executive Committee is set forth in Exhibit C. ARTICLE XII PRIVATE MEMBERSHIP AND ASSOCIATE MEMBERSHIP There is hereby established a class of membership designated "Private Member". Private members shall be subject to approval of the Executive Committee, which shall set the fee for such member. There is hereby established a class of membership designated "Associate Member". Any business entity that promotes visitors out of the member city jurisdiction cannot Ibe an "Associate Member". This includes lodging providers, attractions, restaurants and retail establishments. The rights, duties and obligations of Private Members and Associate Members shall be provided in the bylaws. ARTICLE XHI WITHDRAWAL OF MEMBER ORGANIZATION A member organization may withdraw from participation in this Joint Powers Agreement subject to the following conditions: 1. The effective date of withdrawal shall always be the last day of a Calendar Year; 2. Current annual contribution to the Authority must be paid in full; 3. Annual contribution for the next following calendar year must be paid in the usual manner for such payment. If an "Active Public Member" withdraws during the 1995-1996 fiscal year, 161 1, 10 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 16 prior to June 1, 1996, the annual contribution for the next following fiscal year must be paid in the usual manner for such payments. 4. Notice of withdrawal must be given not less than tlurteen months prior to the effective date of withdrawal. For example, notice must be given prior to January 1 to effect withdrawal at the end of the next following Calendar Year. Notice given between January I and December 31 shall be effective at the end of the second following calendar year. 5. After giving notice of withdrawal, a withdrawing member shall not have voting privileges on the Executive Committee except for operating budget items during the next thirteen months. 6. A withdr-awiag_niember or4 � may again become a participating member of this Joint Powers Agreement on condition that it pay to the treasury of the Authority an amount equal to all contributions which the member organization would have paid if it had not withdrawn from participation. Private members may remain active members as long as the government entity is a member and during the period of withdrawal from the Joint Powers Agreement. ARTICLE XIV APPROVAL OF NEW MEMBER ORGANIZATION A new member organization must be approved by vote of two-thirds of the entire membership of the Executive Committee and subsequent ratification by the governing bodies of two-thirds of the member organizations, provided that a Resolution outlining the jurisdiction, initial contribution and continuing contribution be approved by both the applicant and two-thirds of the Executive Committee. APPROVAL OF "INACTIVE MEMBER" ORGANIZATION The City of Desert Hot Springs, as an inactive member organization since July 1, 1992, must be approved by unanimous vote of the entire membership of the Executive Committee and subsequent unanimous ratification by the governing bodies of the member organization, provided •... 162 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 16 that a Resolution be approved, outlining the payment schedule for all contributions which the member organization would have paid if it had not withdrawn from participation, current contribution and continuing contribution be approved by both the applicant and by a unanimous vote of the Executive Committee. This provision will ONLY be extended to the City of Desert Hot Springs for a "one -time -only" request for re -admission during the 1995-1996 fiscal year as outlined in Resolution No. 5 authorizing said re -admission of the City of Desert Hot Springs. ARTICLE XV CONTRACT SERVICES Nothing in this Agreement shall be deemed to prohibit a member organization from expending additional efforts and resources or contracting with the Authority or other entities for additional services and benefits similar to those realized from participation in this Agreement. The Convention and Visitors Authority is authorized to seek, if necessary, and after careful review of available funds, specialized outside legal counsel and/or assistance depending upon circumstances and/or conditions regarding pending litigation, personnel or any other type of issue where legal assistance and/or counsel is necessary. ARTICLE XVI AMENDMENTS TO JOINT POWERS AGREEMENT This Joint Powers Agreement may not be amended except by a vote of two-thirds of the entire membership of the Executive Committee AND subsequent ratification by the governing bodies of two-thirds of the member organizations, provided further that any amendment of the amount of member contributions, as stated in Article XI, shall require the unanimous vote of the entire active membership of the Executive Committee and subsequent ratification by the governing bodies of all active member organizations. 163 1 2 3 4 5 6 7 8 9 10 n 12 13 s 15 16 17 18 19 20 21 22 23 24 25 i ARTICLE XVII TERMINATION AND DISTRIBUTION OF ASSETS Timis Agreement may be temrinated at any time upon election to terminate by the governing bodies of not less than three -fourths of the member organizations, provided, however, that this Agreement and the Authority shall continue to exist after such termination for the purpose of disposing of all claims, distributing all assets, and performing all other acts necessary to conclude the affairs of the Authority. Upon termination, all assets of the Authority shall be distributed among the member organizations in proportion to their contribution during the term of this Agreement with an offset for any monies owed to the Authority. i ARTICLE XVIII FILING WITH SECRETARY OF STATE Notice of this Agreement, or any aniendments to it, shall be filed with the Office of the California Secretary of State within thirty days of its effective date pursuant to Government Codes Section 6503.5. 164 1 IN WITNESS � HEREOF, the pa rties ies have executed this .Agreement on the day and year hereinafter specified. 4 CITY OF CATHEDRAL CITY 5 6 DATED: g 7 s 9 ATTEST: 10 11 BY: 12 City Clerk 13 '4 16 17 18 19 20 21 22 23 24 25 BY: MAYOR 1. j Attorney - -120 165 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 N WITNESS WHEREOF, the parties have executed this Agreement on the day and year iereinafter specified. June 6, 1995 by adoption of Resolution No. 95-18, Contract io..95-16A. --ITY OF DESERT HOT SPRINGS DATED: ATTEST: BY:`J City Clerk BY: PLL- MA,YOR APPROVED AS BY FORM: M City Attorney :,.... 166 yyqTNESS WHEREOF, the parties have executed this Agreement on the day and Year hereinafter Specified. -N WELLS F INDIA CITY 0 BY: 6 DATED:--C��� MAYOR APPROVED AS By FORM: 9 ATTEST: 10 "M'-By. 11 BZ City Attorney 12 Dep. City Clerk. 13 14 is 16 17 is 19 II 20 21 22 23 24 25 26 --J ST R s1Z t" 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year 2 hereinafter specified- 6 7 s 9 10 n 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 CITY OF INDIO DATED: �s ATTEST: BY: City Clerk 0 L MAYOR APPROVED AS m Attomey 168 J r 3 4 5 6 7 8 9 10 11 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 N WITNESS WHEREOF, the parties have executed this Agreement on the day and year lereina$er specified. --ITY OF LA QUINTA DATED. S 9 9 ATTEST: B : City Clerk 0 MAYOR APPROVED AS BY FORM: x BY: City Attorney 1 � lit i 4 C 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 2: 2: 2 2 parties arties have executed this Agreement on the day and year WITNESS WHEREOF, reinaRer specified. ITY OF PALM DESERT BY: )ATED:9 MAYOR City UlerK 0 I AS BY FORM: Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 N WITNESS WHEREOF, the parties have executed this Agreement on the day and year iereinafter specified. --ITY OF PALM SPRINGS DATED: /0411F ATTEST: BY: \ �' ity Clerk 0 BY: � MAYOR APPROVED AS BY FORM: BY: -- City Attorney :1 _171 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year hereinafter specified. 3 4 CITY OF RANCHO MIRAGE s 6 DATED: 7 a 9 ATTEST: BY: MAYOR APPROVED AS BY FORM: 10 BY: 12 City Clerk City Attorney 13 4 15 16 17 18 19 20 21 22 23 24 25 - 172 2 3 4 5 6 7 a 9 10 11 12 13 4� 5 16 17 18 19 20 . 21 22 23 24 25 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year hereinafter specified. I COUNTY OF RIVERSIDE DATED: / / 9 BY: Ch an, Board of Supervisors KAY CENICEROS ATTEST: GERALD A. MALQPlEY APPROVED AS BY FORM: CLERK of the BOARD DFF P�VISORS Cmmhaf Riverside. s; a of lornie 0 BY: County Attorney 173 /-7 ARTICLES OF INCORPORATION OF HOSPITALITY INDUSTRY AND BUSINESS COUNCIL, INC. A California Nonprofit Mutual Benefit Corporation The name of this corporation is HOSPITALITY INDUSTRY AND BUSINESS COUNCIL, INC. II A. This corporation is a nonprofit mutual benefit corporation and is organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law. B. The specific purpose of this corporation is to assist the Palm Springs Desert Resort Communities Convention and Visitors Authority ("Authority") in implementing the terms of the Joint Powers Agreement between the Authority and its members and to assist the Authority in implementing the Business Improvement District currently in effect. III Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation I►TI The name and address in California of the corporation's initial agent for service of process is: Samuel Crowe, 1131 West Sixth Street, Suite 300, Ontario, California 91762. V A. No substantial part of the activities of this corporation shall consist of lobbying or propaganda, or otherwise attempting to influence legislation, except as provided in 174 Section 501(h) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law, and this corporation shall not participate in or intervene in (including publishing or distributing statements) any political campaign on behalf of or in opposition to any candidate for public office, except as provided in Section 501(h) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law, B. All corporate property is irrevocably dedicated to the purposes set forth in Article II above. No part of the net earnings of this corporation shall inure to the benefit of any of its directors, trustees, officers, private shareholders or members, or to individuals. C. On the winding up and dissolution of this corporation, after paying or adequately providing for the debts, obligations, and liabilities of the corporation, the remaining assets of this corporation shall be distributed to such organization (or organizations) organized and operated exclusively for charitable and educational purposes, which has established its tax-exempt status under Section 501(c)(6) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. VI To the fullest extent permitted by law, this corporation shall indemnify its directors, officers, employees and other persons described in Section 7237(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements, and any other amounts actually and reasonably incurred by them in connection with any proceeding, as that term is used in Section 7237(a), and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that Section. "Expenses" as used in this Article, shall have the same meaning as in Section 7237(a) of the California Corporations Code. To the fullest extent permitted by law and except as otherwise determined by the Board of Directors of the corporation in a specific instance, expenses incurred by a person seeking indemnification under this Article, in defending any proceeding covered by this Article, shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the corporation for those expenses. Incorporator 2 .... 175 AMENDED AND RESTATED BYLAWS OF PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY (formerly Palm Springs Desert Resorts Convention and Visitors Authority) (Amended , 2009) Section 1: PURPOSE To jointly encourage and engage in such other activities as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of the member organizations and their citizens. Section 2: EXECUTIVE COMMITTEE A. Officers — Chairman and Vice Chairman are elected annually in December for the following Calendar year. B. Duties: Manage affairs and evaluate performance of Joint Powers Authority 2. Hire President 3. Authorize contracts for service 4. Adopt Budget C. Chairman appoints subcommittees D. Membership Qualifications: Voting members are elected/appointed members from active public organizations that have not given notice to withdraw. Each active public member appoints one elected official as the designated delegate and a second elected official as an alternate. The County appoints one elected official as the designated delegate and either a second elected official or a senior staff member as the alternate member. City Managers are ex- officio members. Three ex-officio members are appointed by HIBC chairman from Hospitality and Business Council for one year terms. Section 3: TECHNICAL ADVISORY COMMITTEE A. Officers — The City Manager representative shall be automatically named Chair of Technical Advisory Committee JAC) upon selection of JPA Executive Committee Chair as selected in December for the following Calendar year. 176 B. Duties — Advise Executive Committee on all matters pertaining to Joint Powers Authority (JPA). C. Membership Qualifications — City Managers/Administrators from active public agencies. Section 4: HOSPITALITY INDUSTRY AND BUSINESS COUNCIL (HIBC) A. Members Seventeen (17) appointed by Executive Committee 2. Widespread hospitality Industry/Business Community. Balanced representation from Active Public Members The following categories serve as a guideline: Members/Category 2 — Hotels with less than 100 rooms 3 — Hotels between 101-300 rooms 4 — Hotels with more than 301 rooms 7 — Business/Attractions Community (Retailers, restaurants, attractions, banking, finance, transportation, air carriers, developers, Chambers of Commerce, etc.) 1 —At Large B. Terms Appointed in December for terms beginning January 1. Three years staggered serve at pleasure of Executive Committee. Two -term maximum, majority vote of Executive Committee to appoint and 2/3 vote of Executive Committee to remove. In the event of a delayed appointment, existing HIBC members serve until replaced. C. Duties 1. Develop annual budget, marketing plan, and other related activities for submission to Executive Committee for approval. 2. Develop measurable performance criteria to evaluate CVA performance. (Beyond Transient Occupancy Tax, to include room nights booked, lead generation, cooperative advertising, membership involvement and other appropriate indicators). ... 171 3. Develop dues structure for private and Associate Members to be submitted to Executive Committee. 4. Meet monthly with President and staff to review performance, revenues and expenditures. 5. Approve monthly financial reports for distribution to Executive Committee. 6. Authorize minor adjustments to the budget within CVA activities (i.e., marketing program, sales program, advertising program). Budget adjustments between major categories requires Executive Committee approval. 7. Chairman of HIBC appoints subcommittees as necessary. 8. HIBC members elect Chairman, Vice Chairman and Secretary annually, in December, for following Calendar year. 9. Review, comment and submit contracts for professional services to the Executive Committee for approval. 10. Conduct meetings in accordance with the Brown Act. 11. File Conflict of Interest statements. Disclose financial interests. Disqualify from participation in decision which may affect Hospitality Industry and Business Council members' or their employees' economic interest. 12. Chairman is an ex-officio member of Executive Committee, attends all Executive Committee meetings (including closed sessions). Chairman may delegate to Vice Chairman. In addition, Hospitality Industry and Business Council Chairman appoints two additional members to serve one year, ex-officio terms on Executive Committee. 13. Hospitality Industry and Business Council members serve without compensation during any term served, including one year following last term of service. 14. Members who miss more than two HIBC meetings in a row or who miss 50% or more of the regularly scheduled HIBC meetings during any 12 month period shall be deemed to have resigned. D. Nominating Committee, Marketing Committee, Budget Committee, other ad hoc committees. 1. Members: Appointed by Hospitality Industry and Business Council Chairman from HIBC and Palms Springs Desert Resort Communities Convention and Visitors Authority membership. HIBC officers are also ex-officio members of all committees. �. r 178 2. Terms: One year, serve at pleasure of Chairman of Hospitality Industry and Business Council appointed by HIBC Chairman in December each year. 3. Duties: a) Nominating Committee meets as necessary. Recommends to HIBC for approval and submission to the Executive Committee, individuals to serve on Hospitality Industry and Business Council. Nominates officers of HIBC. b) Marketing Committee meets at least annually. Recommends marketing programs for following calendar year. c) Budget Committee meets as necessary. Prepares and monitors budget and performance indicators. 4. Membership Qualifications: When located in Coachella Valley, members represent business entities within boundaries of active members' agencies. 5. Other ad hoc Committees: a) Other HIBC committees are appointed by Chairman of Hospitality Industry and Business Council. b) Other JPA Executive Committees are appointed by Chairman of JPA Executive Committee. E. Business Improvement District (Tourism Bid). By Ordinance #883, the County of Riverside has established a Business Improvement District for the purpose of promoting tourism by providing for a levying or annual assessment within the boundaries of the Tourism BID territory to fund activities related to tourism. This section designates the Hospitality Industry and Business Counsel of the Palm Springs Desert Resort Communities Convention and Visitors Authority to serve as the Advisory Board for the Tourism BID. In its capacity as the Advisory Board the HIBC shall: 1. Review and make any recommendations regarding the operations of the Tourism BID, 2. Review and recommend all expenditures of revenues derived from the levy of assessments derived from the Tourism BID which shall be within the policy guidelines established by the Board of Supervisors of Riverside County. 3. Annually present a report to the Board of Supervisors of Riverside County for their approval which shall include a description of the program activities to be implemented with the Tourism BID and an estimate of expenditures related thereto. 179 4. Submit an annual report to the Board of Supervisors of Riverside County outlining the previous year's revenues and expenses which shall include (a) any proposed changes to the Tourism BID boundaries and (b) the amount of any contributions made from sources other than the assessment levied pursuant to the Tourism BID. 5. Exercise such other duties as may be directed from time to time by the Board of Supervisors of Riverside County. 6. Establish an annual budget for the use of Tourism BID funds and approve any modifications thereto. 7. Establish an annual budget for the use of funds contributed to the Tourism BID by hotels or other establishments not within the Tourism BID territory. Section 5: PERSONNEL COMMITTEE A. Members/Category: Two (2) — Chairman of Executive Committee and one other Executive Committee member appointed by Chairman of Executive Committee One (1) — Chairman of Hospitality Industry and Business Council B. Duties: 1. Conduct annual written review of President performance within 30days of close and report to Executive Committee at their next regularly scheduled meeting. 2. Advise Executive Committee on personnel matters. 3. Review CVA Employee Benefit Package with the aid of the Technical Advisory Committee (TAC) Chairman. Section 6: MEMBERSHIP QUALIFICATIONS A. Private Members: Non -government members whose place of business is within the jurisdiction of an active public member. B. Associate Members: Non -government member whose place of business is outside the Coachella Valley. C. Active Public Member: A public agency, signatory to JPA, who has not given notice of withdrawal. 180 D. Inactive Public Member: A public agency, signatory to JPA, who has given notice of withdrawal. Section 7: MEETINGS A. Annual Membership Meeting: At least once a year, during first quarter of Calendar year, to report to total membership (public/private) the previous year's accomplishments and the future operation and marketing plans. B. Executive Committee: At least quarterly, or as deemed necessary, time and place to be established. The Chairman or a majority of the Executive Committee may call a meeting. C. Hospitality Industry and Business Council: At least one meeting per quarter, but not less than nine in a 12-month period. D. Other Committees — As needed. Section 8: QUORUM A. A majority of current membership of each committee shall constitute a quorum. B. All action of each committee shall be by majority vote of those present. Section 9: PRESIDENT A. Professional Manager hired by Executive Committee to manage affairs of JPA. B. Develop and administer plans and programs for achieving visitor industry objectives. Develop and maintain key relations in the tourism and convention industry in order to assure effective advertising, public relations, promotions and direct sales of the Palm Springs Desert Resorts area for exploitation of the member cities as a visitor and convention destination. Section 10: AMENDMENTS Bylaws may be amended by majority vote of the Executive Committee. Section 11: WARRANTS AND DEMANDS A system of warrants and demand payments will be established. Monthly statements of warrants and demands shall be submitted to Executive Committee for approval and ratification. ,..� 181 Section 12: ORGANIZATIONAL CHART(S) ATTACHED HERETO i 182 T 1 F !ti Lod CF` OF COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Adoption of City of La Quinta 2009-2010 Economic Development Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the City of La Quinta 2009-2010 Economic Development Plan. FISCAL IMPLICATIONS: None for this action. The implementation activities associated with the 2009-2010 Economic Development Plan will be included within the Fiscal Year 2009-2010 Budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: On March 17, 2009, the City Council discussed the Draft 2009-2010 Economic Development Plan via a Study Session. (The March 17, 2009 study session minutes are included as Attachment 1.) The Council discussion emphasized the need to facilitate business retention and expansion, market to potential visitors (local, Southern California, and through the Pacific Northwest), and facilitate better communication between the City, business community, and key non-profit partners. 183 It should be noted that in previous years, the Economic Development Plan's focus has been on new development and new business recruitment, and the City's efforts have proven to be very successful. As the Council implied during its discussion, now that the City is "mature," economic development efforts have to shift accordingly. Greater emphasis must be placed on marketing, business relations, and business assistance. During these challenging economic times, the City needs to help businesses on a short term basis by enticing people to shop, play, and stay in La Quinta. Staff met and discussed various strategies to implement the Council's direction. As the focus next year will be on business retention and expansion, these strategies fall under the "Business Support and Development" and "Marketing" categories in the attached Economic Development Plan (Attachment 2). Several new strategies include: • Launch an E-Marketing Campaign that involves the tourism website, shopping map, dining directory, and the utilization of new electronic communication systems. • Conduct a business survey and solicit input from La Quinta businesses regarding challenges, climate, and advertising ideas. • Evaluate opportunities to assist new and existing businesses regarding permitting, fee programs, and long-term business retention and development. • Work with Imperial Irrigation District, Coachella Valley Water District, Burrtec Waste and Recycling, and Southern California Gas Co. to develop incentives for businesses to participate in energy reduction programs to lower operating costs. • Execute a Cooperative Advertising Program via creation of a "Co-op Catalog"for La Quinta businesses, hotels, and key partners. Offer cooperative advertising opportunities to assist partners and leverage marketing budgets. • Implement a Local Marketing Campaign through a local advertising campaign for La Quinta businesses and key partners that has a shop/dine message and promotes events year round. • Work with key event organizers on implementing effective cooperative strategies and attracting more people to stay/play and shop/dine in La Quinta. Support existing events and explore new ones. • Carry out public outreach event(s) for businesses and key partners on the opportunities the City Marketing Plan and Economic Development Plan offer in terms of cooperative advertising and other business support programs. • Work with the Coachella Valley Economic Partnership as they create an "Economic Blueprint" for the Valley that identifies key industries to target over the next five years in order to stabilize, grow, and diversify the region's economy. • Work with the La Quinta Chamber of Commerce to create a home -based business Chamber membership and facilitate networking among home -based businesses. The Council also requested the Chamber of Commerce review the draft ED Plan and provide input, which the Chamber has done. Staff has incorporated some of the Chamber's suggestions under "Business Support and Development." The Chamber's list of action items is provided as Attachment 3. Staff will work closely with the Chamber to implement the economic development programs. Last year, staff developed an Executive Action Summary that encapsulates the economic development action items being proposed for implementation in Fiscal Year 2009-2010 and identifies corresponding policies. The summary also provides a glance at La Quinta via a community profile and photography depicting the successes of the City's economic development efforts. Once adopted, the Economic Development Plan will be one of five components that comprise the City's overall strategic planning effort; the other components include the Capital Improvement Program, Resource Allocation Plan, Annual Financial Management Review, and the 2009-2010 Annual Operating Budget. Staff will make the request to fund this plan as part of the preliminary fiscal year 2009-2010 budget process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the City of La Quinta 2009-2010 Economic Development Plan; or 2. Do not adopt the City of La Quinta 2009-2010 Economic Development Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Doug as . Evans Assistant City Manager —Development Services 185 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes of March 17, 2009 Study Session 2. City of La Quinta 2008-2009 Economic Development Plan (including Executive Action Summary) 3. Chamber of Commerce list of action items i• A 1 1 ACAIMENT 1 City Council Minutes 22 March 17, 2009 Council Member Franklin stated she feels the project should be a high priority. 3. DISCUSSION OF THE DRAFT 2009/2010 ECONOMIC DEVELOPMENT PLAN (EDP). Assistant City Manager -Development Services Evans presented the staff report. Council Member stated the phrase "economic development" must have a focus on how it is going to provide significant improvements in revenue. He addressed the list on Page 3 of the staff report. Council Member Franklin stated the EDP is too vague and needs to be more specific on how the items will be accomplished. Assistant City Manager - Development Services Evans explained the EDP addresses long and short- term policies, and Page 26 lists strategies to implement the EDP; and noted the marketing plan strategies for next year will be presented at the next City Council meeting. He stated the program is built upon throughout the budget process. Council Member Kirk stated he has some of the same concerns as Council Member Franklin, but feels the EDP is better than a few years ago. He agrees some of the statements in the beginning of the document could be tightened up; and stated he would like staff to come back with some economic development options such as waiving fees, expansion of marketing event opportunities in the City, and reviewing loan programs for facade or sign improvements. He suggested looking at ways to facilitate business retention and expansion during these difficult economic times. Mayor Pro Tem Henderson referenced a breakfast the City sponsored in the past for the purpose of communicating with businesses; and stated there seems to be a lack of communication between the Chamber of Commerce, the City, and businesses and we need to find a way to "bridge the gap" so the businesses know what the City is doing to support them. Council Member Franklin noted a breakfast would provide the opportunity to communicate what the City is doing as well as hear from the businesses what they need from the City. She stated she would like to see a meeting set up with the hoteliers. 187 City Council Minutes 23 March 17, 2009 Mayor Pro Tem Henderson referenced recent comments she has heard from people that want to do business in La Quinta. She commented on the need to solve the missing link of communication by the end of the year so it is something that can be graded. Council Member Sniff noted it is important to market the City to draw visitors. He stated the three areas to market are local residents, tourists from Southern California, then all the way up to the west coast of British Columbia. Council Member Kirk asked if the Chamber of Commerce had provided input on the EDP, and if it is appropriate. Mayor Pro Tem Henderson and Council Member Sniff both commented on the Chamber of Commerce's previous lack of involvement and attendance at the City Council meetings except for their annual contract. They expressed appreciation for the current director's involvement and attendance at City Council meetings. Council Member Kirk suggested sending a letter from the Mayor to the Chamber of Commerce acknowledging their current efforts and requesting their input on the EDP. Council concurred. REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee — Council Member Sniff reported the rates could double because of a court decision to charge fees for expansion of certain energy plants. CVAG Transportation Committee — Council Member Kirk stated the Committee referred the Palm Desert Bike Program back to the Executive Committee. C. V. Conservation Commission — Council Member Sniff reported the Committee was presented with an extensive list of project area purchases and authorized a negotiating agent to purchase the property. C.V. Mosquito & Vector Control District - Mayor Pro Tem Henderson suggested removing this item from the list. City Manager Genovese stated staff will prepare a written report for the City Council. League of California Cities — Mayor Pro Tem Henderson encouraged the City Council Members to attend the Riverside County Division meeting in Moreno Valley on March 23, 2009; and stated State Controller Chiang will be the speaker. She The City of La Quinta is embarking on its fourteenth year of economic development initiatives, which are derived from the annual Economic Development Plan ("ED Plan") This Executive Action Summary offers an implementation strategy to fulfill the numerous objectives of the ED Plan and outlines the steps being taken to ensure the economic vitality of the City of La Quinta. In essence, it provides a summary of economic development implementation activities for Fiscal Year 2009-2010. The ED Plan's comprehensive policy document, first adopted in 1996, is attached for reference and details the City's vision and direction for its economic development activities. It also provides more detail on the City's rationale for an economic development plan, lists ED Plan participants, and outlines La Quinta's resources, opportunities, liabilities, and needs as well as its business plan. To better understand La Quinta's economic development initiatives, it is important to be familiar with the community's profile - the "facts and figures" that would lead potential retailers, restaurants, hotels, and businesses to locate here. • Population as of January 1, 2008 - 42,958 • Population projections. 2010-45,000; 2015 - 51,000, 2020- 55,000 • Median age is 36.4; median household income is $74,638 • Total number of households in La Quinta in 2008 - 15,056 • Total number of housing units in 2008 - 21,058 (18,876 SFD - 90%) • Median new and resale home price in 2008 - $425,000 • Retail sales in 2007 reached $735.65 million (10.3% increase over 2006), total taxable sales in 2007 were $826.48 million (9.6% increase over 2006) • La Quinta has an assessed valuation of $12.5 billion (FY 2008-09) • Permit valuation: $140.7 million in 2008; $154.4 million in 2007 • Home to the nationally -acclaimed Arnold Palmer Classic Course at SilverRock Resort • With over 800 guest rooms, La Quinta has the highest daily ($122.40) and annual ($44,676) per room revenue in the Valley and is home to the largest hotel in the Coachella Valley -the La Quinta Resort & Club (over 800 guest rooms) • 2007 total hotel room sales for the City of La Quinta amounted to $48.8 million • 2008 traffic counts (2-way, average daily trips): Washington Street @ Highway 111 - 78,432; Washington Street @ Fred Waring Drive - 63,494; Highway 111 @ Adams Street- 45,702, Jefferson Street @ Highway 111 - 66,318 • Characteristics of La Quinta's 5, 10, and 15 mile rings from Highway 111/ Adams Street 2008: Population 166,084 262,336 342,782 Households 58,118 93,116 120,591 Median Age 34.3 35.5 35.1 Avg HH Income $77,262 $76,331 $73,402 1 • M 2009-2010 Implementation Activities and Target Areas POLICY Support existing La Quinta businesses through a variety of economic development programs, marketing efforts, and special events. ACTION ITEMS • Continue to work with the La Quinta Chamber of Commerce on business retention efforts and business support services. • Coordinate economic development action items with Chamber and support implementation of efforts in the following areas: cooperative advertising, public relations, Village signage, business surveys, business communication, local events, and Workshop/Information Exchange Committee. • Create list of La Quinta retail and service businesses for City website, Economic Development section, and produce and post a resource page for businesses. • Conduct a business survey and solicit input from La Quinta businesses regarding challenges, climate, advertising ideas, etc. • Evaluate opportunities to assist new and existing businesses regarding permitting, fee programs, and long-term business retention and development. • Work with Imperial Irrigation District and Southern California Gas Co. to develop incentives for businesses to participate in energy reduction programs to lower operating costs. • Work with the La Quinta Chamber of Commerce to create a home -based business Chamber membership and facilitating networking among home -based businesses. • Update Market Study to identify emerging land use trends and future markets. • Work with the Coachella Valley Economic Partnership as they create an "Economic Blueprint" for the Valley that identifies key industries to target over the next five years in order to stabilize, grow, and diversify the region's economy. City of La Quinta Marketing Plan Execute a Cooperative Advertising Program via creation of a "Co-op Catalog" for La Quinta businesses, hotels, and key partners. Offer cooperative advertising opportunities to assist partners and leverage marketing budgets. Launch a Local Marketing Campaign for La Quinta businesses and key partners that has a shopidine message and promotes events year round. Work with key event organizers on leveraging City sponsorships, implementing effective cooperative strategies, and attracting more people to stay/play and shop/dine in La Quinta. Promote new and current events and explore support for current events. 191 Carry out public outreach event(s) and a marketing campaign to businesses and key partners on the opportunities the City Marketing Plan and Economic Development Plan offer in terms of cooperative advertising and other business support programs. Launch an E-Marketing Campaign that involves the tourism website, shopping map, dining directory, and the utilization of Social Media (e.g , FaceBook, Flickr and Twitter). Continue paid search online advertising with hotels, and expand the program to include all La Quinta businesses and other key partners. Continue to produce publiclvisitor communication pieces. Integrate "Shop Local" message to deliverables such City calendar, or City Newsletter, and Palm Springs Life advertorial. Continue to produce visitor communication pieces with event information to draw more visitors to La Quinta. Arnold Palmer Classic Course Marketing • Take full advantage of being a home course of the Bob Hope Chrysler Classic in 2009-10 marketing and advertising efforts. • Print advertising — advertise in publications such as Desert Golf Magazine, Palm Springs Life, The Desert Sun, and Alaska Airlines (in-flight magazine). • Continue presence in various golf directories, including: Palm Springs Golf Guide, City Map, and Yellow Pages. • Continue to research and implement public relations opportunities with positive messages, e.g., national recognition by Golf Magazine, a home course of the Bob Hope Chrysler Classic. • Update www.SilverRock.org website with new photos and additional information. • Broadcast SilverRock television spots to air primarily in the local market; and on a national level via the Golf Channel during the Bob Hope Chrysler Classic. • Continue electronic marketing, including online paid search advertising and e-blasts to all current users of SilverRock Resort golf course. • Develop discounts for guests and residents, a Coachella Valley rate (summer season), and a variety of specials to encourage shoulder season use of the golf course. 192 POLICY The City will encourage the development of commercial, service commercial, office, lodging, theater, and light industrial uses within the Highway 111 Corridor to diversify the community's economic base. ACTION ITEMS • Continue to market Highway 111 Corridor development opportunities to retail, hospitality and family restaurant/ entertainment developers and operators in conjunction with property owners. • Market Highway 111 Corridor development opportunities to auto dealers, and assist with retention and expansion efforts for existing dealerships. • Explore and assist in the facilitation of building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities. • Explore opportunities to locate a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses in the Highway 111 Corridor. • Develop and coordinate a marketing co-op for businesses including auto dealerships, restaurants, and retailers. , ; ! POLICY The City will work with the various property owners and stakeholders to facilitate development of the Centre Pointe project at the southeast corner of Miles and Washington. ACTION ITEMS • Work with Centre Pointe Development and adjoining property owners to draft a new land use plan for the undeveloped segments of this property not owned by Eisenhower Medical Center. • Facilitate development process for Mayer Villa Capri on Washington and Fred Waring. • Facilitate development of remaining property within the Washington Square center. • Develop and coordinate a marketing co-op for restaurants and retailers. 193 POLICY The City will explore strategies to attract more businesses, residents and visitors to the Village at La Quinta (the City's downtown area). ACTION ITEMS • Implement the Village Signage program contained within the 2007-08 Capital Improvement program to guide patrons to Village businesses. • Explore opportunities to develop urban infill residential uses in and near the Village to increase demand for the commercial and office uses. • Continue to explore commercial retail development opportunities. • Review and, where deemed necessary, update the Village Design Guidelines, General Plan policies and Zoning Code Regulations to promote and encourage a mixture of pedestrian friendly retail, service and residential land uses. • Continue to implement and facilitate events that bring people into the Village. • Continue and expand opportunities for co-op advertising. POLICY The City will implement the development programs for the boutique and resort hotels at SilverRock Resort and explore other opportunities for resort/hospitality development. ACTION ITEMS • Continue to work with Lowe Enterprises to implement the Disposition and Development Agreement and Development Agreement for the boutique hotel, resort hotel and resort retail. • Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. • Continue cooperative marketing program with La Quinta hotels. •.:� 194 POLICY The City will explore recreational opportunities and develop recreational uses for residents and visitors to enjoy. Areas of particular emphasis will include golf, trail improvements, a regional trail system, parks, health and fitness programs as well as arts, cultural and educational experiences. ACTION ITEMS • Implement completed Community Services Master Plan. • Continue to work on trails plans for the top of the Cove and the White Water Channel. • Explore land acquisition opportunities to provide additional park facilities. • Design and build two Dog Parks in the City. • Implement and monitor Phase I of the Golf Cart Plan — Phase one will focus on connecting the La Quinta Resort, SilverRock Resort, and the Village. POLICY The City is committed to develop workforce affordable housing to ensure housing opportunities to support existing businesses and business future expansion. ACTION ITEMS • Conclude an affordable housing agreement with the Shovlin Companies and complete site planning activities for the Highway 111 and Dune Palms Road property. • Initiate and complete the rehabilitation and new development planning activities for Washington Street Apartments. Complete the Project Area'No. 2 amendment that will add the apartment complex and adjacent vacant property to Redevelopment Project Area No. 2. • Purchase additional property for future affordable housing development. • Complete site planning activities for the Dune Palms Road/Westward Ho properties. • Identify rehabilitation and/or redevelopment opportunities involving existing multi -family residential units. • Complete the City's updated Housing Element of the General Plan. • Identify bank -owned foreclosed homes that are in need of substantial rehabilitation; initiate purchase and substantial rehabilitation activities. 195 • Monitor the lease -up of the Coachella Valley Housing Coalition (CVHC) affordable workforce multi -family housing. • Sell additional units in the La Quinta Housing Program to very low-income households. • Initiate site planning activities involving Agency -owned property located at Avenida Montezuma and Avenida Mendoza across from La Quinta Community Park (formerly Francis Hack Park). POLICY The City will implement a Green and Sustainable La Quinta program intended to increase the conservation of resources and reduce environmental impacts with an emphasis on energy, water, air quality, solid waste, land use, and transportation. ACTION ITEMS • Continue to develop the Green and Sustainable La Quinta program by helping residents and businesses consume fewer resources and save money on their utility bills. • Continue to strengthen the conservation partnerships with Coachella Valley Water District, Imperial Irrigation District, Burrtec and the Southern California Gas Company by assisting them in marketing the various programs and rebates available to residents and businesses in La Quinta. • Explore the concept of providing incentives, reducing permit fees, or providing a matching funding program in cooperation with IID and Southern California Gas Company for businesses to make improvements that enhance energy efficiency and resource conservation in their buildings. • Continue to reach out to the community via presentations and special events to encourage La Quinta residents to reduce their carbon footprint by providing valuable conservation programs and incentives. • Promote green efforts via flyers, ads, and press releases; continue to pursue cooperatives with green partners for cost sharing purposes; and continue to provide green tips and updates in the La Quinta City Report (quarterly newsletter) and the Chamber of Commerce Gem publication. • Create a green web page on the City website dedicated to the growth of the Green and Sustainable La Quinta Program to help keep residents and businesses informed about the latest programs available to them. • Complete landscape conservation program for two RDA -owned Cove homes and continue installing "smart' irrigation controllers on all RDA -owned homes. 196 POLICY Seek grant funding to help offset impact to the General Fund. ACTION ITEMS • Monitor and pursue Federal Stimulus funding to provide for general fund relief for transportation, infrastructure and energy efficiency projects. • Work with the League of California cities to investigate possible federal funding opportunities. • Work with federal legislators to acquire Federal Stimulus funding for shelf ready projects. • Serve on Assembly Economic Stimulus Recovery Task Force; identify projects eligible for funding under this program; and lobby for expeditious funding process. 197 Contents of Economic Development Plan i°Policy" Document This document is organized as follows: q Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program s) Business Plan Mission Statement Implementation Policies Fiscal Year 2008-09 Accomplishments a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Housing f) Business Support & Development g) SilverRock Resort Marketing h) Green and Sustainable La Quinta Program i) American Recovery and Reinvestment Plan 2009-10 Implementation Activities and Target Areas j) Highway 111 Corridor k) The Village 1) Annexation Feasibility m) Resort/Hospitality Opportunities n) Recreation Opportunities o) Housing p) Business Support & Development q) SilverRock Resort Marketing r) Green and Sustainable La Quinta Program s) American Recovery and Reinvestment Plan ....' 198 APPENDIX Exhibit A: City/Agency Real Estate Assets Map ..) 199 iSection 2009-10 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta The City of La Quinta is embarking on the fourteenth year of implementing economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, a Homewood Suites and Embassy Suites, and the new resort and golf venues at SilverRock Resort. The focus for the coming fiscal year is four fold. The first involves SilverRock Resort. The Redevelopment Agency will continue to implement and monitor the Disposition and Development Agreement that will lead to the development of a boutique hotel, a feature hotel and resort retail village. The Agency will also complete the design and initiate construction of the on -site infrastructure. The second entails monitoring retail activity in the City's three commercial districts (the Highway 111 corridor, the Village, and SilverRock Resort) to ensure that the City's economic development initiatives maximize the benefits to each district. The City will take a proactive approach to business development and support local businesses. The fourth is a commitment to develop affordable workforce housing to ensure housing opportunities that support existing businesses and future business expansion. In facilitating workforce housing development, the City will also be stimulating the local economy by generating construction activity. The City's economic development efforts will continue to maintain a balance between securing quality revenue -generating development while preserving La Quinta's cultural and natural features. The goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, supporting the local economy, and promoting tourism while protecting open space and environmental attributes as well as expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. CITY OF LA QUINTA, April 21, 2009 ECONOMIC DEVELOPMENT PWN 200 INTRODUCTION PAGE 2 Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first Economic Development Plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located along the Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastern Central Coachella Valley the City is positioned to capture a sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes. During Fiscal Year 2008-09 these revenues comprised 33% of the City's total General Fund revenue; sales tax revenue income generated approximately 20% of total General Fund revenue and transient occupancy tax revenue will generate approximately 13% of total General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 80% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing and provide new services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. CITY OF LA QUINTA q April 21, 2009 ECONOMIC DEVELOPMENT -PLAN 201 INTRODUCTION PAGE 3 The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five -Year Municipal Service Resource Allocation Plan, a Five -Year Capital Improvement Program, Annual City/Agency Financial Management Strategies, and Annual City/Agency Operating Budgets. This strategic planning effort is focused on and designed to insure that the City has financial resources to provide future municipal services, and address future infrastructure and public facility needs. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. For example, the City solicited input from residents regarding desired businesses in La Quinta, and involved them in the development of a Community Services Master Plan. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN Z 2 Section 2009-10 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells and Palm Desert border the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately two miles south of Interstate 10, primary access is via Highway 111, Washington Street, and Jefferson Street. Per the State of California Department of Finance, the City's 2008 estimated population was 42,958. Per Wheeler's 2008/2009 Edition of "Demographic Profiles of the Coachella Valley," La Quinta has a median household income of $74,683, representing an increase of 10% over 2007/2008. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta also enjoys an emerging population of new families with an average household size of 2.85 persons; 64% of La Quinta's population is under 44 years of age (the median age is 36.4), and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.4% of La Quinta's population. Claritas Incorporated, a demographic research firm, estimates that 166,084 persons live within a five mile radius of La Quinta, 262,336 live within a 10 mile radius, and 342,782 live within a 15 mile radius. Within the same geographical areas, the estimated average household income was $77,262, $76,331, and $73,402, respectively. During 2007, total taxable sales within the City of La Quinta were $826.48 million, representing an increase of 9.6% from 2006. Recent data provided by California Retail Survey ranks the La Quinta market area in the top 25 in terms of highest average sales per outlet (i.e., per business establishment). With an average of $1,450,980, La Quinta ranked well above the State average of $802,680. The strong La Quinta sales average indicates that the CITY OF LA QUfNTA 203 April 21, 2009 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFae PAGE 5 City's retail enterprises dominate the retail scene in this market area. Lastly, according to the Riverside County Assessor, the City's assessed valuation for 2008-09 is $12.5 billion, which represents a 4.6% increase from 2007-08 and is the second highest in the Coachella Valley. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: • an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; • an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, The Hideaway, Madison Club, Griffin Ranch, La Quinta Country Club, and SilverRock Resort; • the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic, which has helped earn it the title of "America's Ultimate Golfing Destination" by the acclaimed Robb Report; • the Highway 111 commercial corridor, which is nearing build -out, features a few prime vacant properties of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; • a market area with one of the highest per capita incomes in the Coachella Valley; • the Village of La Quinta, a commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; • La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; • the 525 acre Agency -owned SilverRock Resort golf and resort properly, home to the Arnold Palmer Classic Course which Golf Magazine selected as one of the 'top ten new golf courses that you can play," and which hosted its second Bob Hope Chrysler Classic in January 2009; • a 20,000 square -foot, state-of-the-art public library and a newly expanded 8,400 square -foot museum which offer educational and cultural resources; CITY OF LA QUIWrA 204 April 21, 2009 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 • the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; • historically steady residential development and sales activity which generated a significant number of new households to support retail, recreation, and service commercial users; • a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; • resources that the City/Agency can dedicate to economic development investment; and • availability of professional and medical office space including the addition of the Eisenhower Medical Center facility at Washington Street and Seeley Drive. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: • competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; • competition for golf and resort patrons with other Coachella Valley cities who are improving their public golf amenities in order to attract new, and expand existing, resort and hotel uses; • evolving retailing trends that render existing retail centers obsolete while potentially decreasing the need for new retail centers; and • the downturn_ in global, national, state, and regional economic conditions, which have had a significant effect on La Quinta's economy. Projected Market Demand In April 2006, the Agency commissioned Economic Research Associates (ERA) to conduct a market study (Overview Analysis of Market Opportunities, April 2006) to assess near- and mid-term trends that will influence economic development efforts. The Market Study specifically focuses on market conditions and development opportunities within the City's main commercial corridors (Highway 111, The Village, and SilverRock Resort) and within the Sphere of Influence area. This document is on file with the City of La Quinta. In lieu of another comprehensive market study, a refined market analysis will be CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN 205 RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 considered in the future to shed light on the next generation of consumers and which businesses La Quinta should target. Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During development of the 2009-10 Fiscal Year Budget staff will specifically identify funds available for economic development initiatives. These funds are basically one-time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic development include SilverRock Resort, owned by the Redevelopment Agency, the City's holdings located at the top of the Cove, and several properties in the La Quinta Village including a municipal parking lot and property adjoining the La Quinta Community Center and Park. Infrastructure Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City then addresses these needs through the Five -Year Capital Improvement Program. This Program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program (CIP) to ensure that the infrastructure impediments to speck economic development projects are addressed, or where possible, economic development project implementation activities mitigate site -specific capital improvement needs. Capital Improvement Projects provide jobs and help the economy. Completion of these projects help ensure the City can accommodate current and future traffic growth; provides adequate facilities to serve residents and visitors; and creates a City that's attractive not only to residents and visitors, but to potential investors as well. Notable CIP projects include: SilverRock Resort Infrastructure, SilverRock Resort Clubhouse Design; Village Signage Program; Village/Cove Are Fire Station; City Corporation Yard Improvements; Highway 111 Median Island Landscaping; 206 CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES AND MARKET FKUHLt PAGE 8 Avenue 50 Bridge Improvements; Golf Cart Program; Sports Complex; and various traffic signals. In 2009-10, the City is proposing to spend $20.5 million on a wide range of capital improvement projects. While there are many ways to calculate the number of jobs created by capital projects, the Federal Highway Administration's formula, when scaled down to a local level, estimates one job created/saved per $36,000 spent on capital projects. Therefore, La Quinta's proposed 2009-2010 capital improvement program expenditure will yield approximately 570 jobs. Another measure is economic growth per government dollar spent — University of California, San Diego estimates $1.40 in economic growth per government dollar spent; therefore, the City's capital improvement program will yield approximately $28.7 million in economic growth. CITY OF LA QUINTA 0 April 21, 2009 ECONOMIC DEVELOPMENT PLAN Section 3 2009-10 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit sustainable revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, developers, and the business community. CITY 7 OF LA ldlJlr`YIA r� April 21, 2009 ECONOMIC DEVELOPMENT PLAN C VX BUSINESS PLAN PAGE 10 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Business Support & Development Support existing La Quinta businesses through a variety of economic development programs, marketing efforts, and special events. A specific objective will involve attracting more people to The Village at La Quinta in an effort to support the businesses located in this section of the City. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically enhance and diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Assisted projects will be considered on a case -by -case basis and must feature enhanced design and landscaping amenities, and enhanced building and site maintenance requirements to insure these amenities are maintained for the life of the development. City/Agency Return on Investment When considering City/Redevelopment Agency investment in commercial, resort or office development projects, the City/Redevelopment Agency must achieve a 10% to 15% return on the City/Agency investment by the fifth year of operation. Development generated revenue included in this analysis is sales tax, transient occupancy tax and property tax revenue; City development permit and impact fee revenue may not be included as development project revenue. Further, City service costs must first be deducted from development generated revenue. The City/Redevelopment Agency investment should be fully repaid within a ten-year period, with every attempt to achieve repayment within a five to eight -year period. Private Project Investment - Financial Need For commercial, industrial, office or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency must find that off -site infrastructure improvement costs, municipal fee costs, and/or development or rehabilitation costs are so excessive that the project CITY OF LA QUINTA 209 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 11 warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency must find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Vacant Commercial Facilities The City/Redevelopment Agency will proactively work to ensure the reuse of commercial facilities that remain vacant for six months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Land Use Planning In order to maintain, protect, and enhance municipal fiscal balance the City should carefully evaluate the fiscal effect of land use planning. A key issue facing the City is conversion of Tourist Commercial Zoning to Residential and Resort Residential land uses. Prior to consideration of any request to convert land uses a detailed fiscal analysis and fiscal mitigation program shall be required. Highway 111 Corridor In order to enhance commercial opportunities the City/Redevelopment Agency has secured two major retail anchors for the east end of this corridor. In doing so, this corridor will have major demand generating anchors located in the corridor's west, middle and eastern sectors. The City/Redevelopment Agency will work on filling remaining vacant parcels and assisting property owners with rehabilitating/ redeveloping older, obsolete retail centers and continued investment in roadway improvements. Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Jacqueline Cochran Regional Airport, to support the transportation needs of La Quinta's resort, commercial, residential, and other uses. r� CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 12 Annexation Opportunities The City may pursue annexation opportunities, as requested, that are economically sustainable, enhance the City's economic future, provide workforce affordable housing opportunities, and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that expand resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas, scenic vistas, enhance equestrian opportunities, and provide for a variety of housing types. The City will also review potential impacts on current residents and seek ways to mitigate impacts, if they exist. Prior to any annexations in Planning Areas 1 and 2 a detailed fiscal analysis and Plan for Services shall be required. Future annexations should be revenue -neutral or positive to ensure long-term fiscal balance. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency-owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City is seeking out property to the east for additional sports fields. The City will continue to explore recreational opportunities and develop recreational uses for residents and visitors to enjoy. Areas of particular emphasis will include golf, trail improvements, a regional trail system, parks, health and fitness programs as well as arts, cultural and educational experiences. The City will encourage alternative transportation and healthy lifestyles. Efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert. Desert Recreation District is conducting a feasibility study of a dual purpose trail along the bank of the White Water Channel. The City has completed with the assistance from the Coachella Valley Community Trails Alliance (CVCTA) a trails plan for the top of the Cove which includes improved trail identification, signage and trail maps for easier use of the area. Two dog parks are also being designed to meet the increased number of people with pets in the community. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to, or through La Quinta. Highway 111 median CITY OF LA QUINTA 1 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS roan PAGE 13 landscaping improvements will be made in 2009-10, and an entry statement will be designed for the City's western entrance. Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging, theater, and light industrial uses within the Highway 111 Corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the Economic Development Plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Focus will be on documents providing socio-economic data as well as commercial activity reports and public information pieces. Green and Sustainable La Quinta Program The City will implement a Green and Sustainable La Quinta Program intended to increase the conservation of resources and reduce environmental impacts with an emphasis on energy, water, air quality, solid waste, land use, and transportation. American Recovery and Investment Act The City shall seek grant funding to help offset impact to the General Fund Fiscal Year 2008-09 Accomplishments The Business Plan presented in the 2008-09 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2009. Highway 111 Corridor Highway 111 Commercial Corridor. Several national retailers and restaurants 212 CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 14 joined Costco in the Komar Desert Center, including Mimi's Cafe, Souplantation, and BevMo, and local retailers and service providers are leasing the adjacent in - line shops. New businesses have opened, or are scheduled to open, along the Highway 111 Corridor, such as the Tea House & Wine Bar, La Posada Restaurant, Toda Moda, Rockin' Baja Coastal Cantina, and many others. Circuit City, located in Washington Square, is closing; however, another national retailer is already on tap to expand and move into the space. Auto Center. City and the Redevelopment Agency staff will continue working on retention, expansion, and recruitment of auto franchises in the existing Auto Center and other Highway 111 properties. To date, several opportunities are currently being investigated, and the City is actively working on an agreement to locate a new dealership to the Agency's Highway 111/Dune Palms property. Washington Street Corridor Miles/Washington Property. Applebee's Restaurant opened in 2008. Eisenhower Medical Center is constructing its first building - a three-story, 92,000 square foot facility that will house an immediate care center, imaging center, lab, space for community education programs, mammography center, and physician offices. New Centers. The City is processing applications for new centers along the Washington Street corridor, including the Shoppes at La Quinta (50,000± square foot multi -tenant retail center), near Avenue 47, and Mayer Villa Capri (105,000± square foot multi -tenant retail center and 135,000± square foot medical office center), at Fred Waring. The Village Village Signage Program. Completed design and selected locations for signs that will direct drivers from Highway 111 to the Village. The project will be publicly bid; it is expected the signs will be up in late 2009. New Development. A new retail center is under construction at the northeast comer of Desert Club and Calle Tampico, which will be anchored by a Fresh & Easy grocery store. Additional retail and office space have been constructed, and several new businesses have opened in the Old Town development. Village Events. Focused on bringing more people into the Village by hosting events, performances, special exhibits, and programs at the Library and Museum. Local organizations such as the Arts Foundation, Chamber of Commerce, La Quinta Playhouse, as well as property owners also sponsored various special events throughout the Village. CITY or LA QUINTA 213 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 15 Resort/Hospitality Opportunities SilverRock Resort. The Agency continues to work with Lowe Enterprises to implement a Disposition and Development Agreement that facilitates the sale and/or lease of nearly 61 acres to Lowe Enterprises for development of a boutique hotel, resort hotel, casitas units, resort retail, and a black box theater. Current economic conditions have impacted Lowe's ability to construct the boutique hotel on the original schedule — staff is working with Lowe to amend the DDA schedule. In addition, due to Valley -wide subsidence, the All American Canal has dropped about two feet throughout the eastern Coachella Valley; however, there is a high point at SilverRock Resort which impedes canal flow to agricultural customers to the south. Therefore, CVWD and the City are exploring options to possibly relocate the canal within the SilverRock site. The City/Agency will work closely with CVWD to minimize impact to the Arnold Palmer Classic Course, and to place the canal in the best location possible. The canal issue has slowed infrastructure design; however, once more in known about the canal relocation, then infrastructure design will resume and construction will commence. The Agency is nearly finished with the design of the permanent clubhouse. Because of current economic conditions, the clubhouse will not be constructed this year; however, the Agency will closely monitor the economy and build the clubhouse when economic conditions begin to improve. Bob Hope Chrysler Classic. The Bob Hope Chrysler Classic was once again held at the Arnold Palmer Classic Course in January 2009. Feedback from the Hope Classic, pro and celebrity players, and spectators was very positive. The City worked closely with the Hope Classic to facilitate more community involvement — the Hope Classic opened a store at Old Town in the Village, held its charity donation ceremony in Old Town, included local vendors at the various tournament venues, and had the Chamber of Commerce establish ticket outlets at various Chamber member locations. In addition, the City commissioned a study to analyze the community and economic impact of the Hope Classic. The results will be presented at a future City Council meeting. Housing La Quinta Rental Housing Program. The Agency sold one home to an existing tenant who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. This sale was to a very low-income household. Vista Dunes Courtyard Homes. In May 2008 this neighborhood was dedicated and the first residents moved in. The complex is fully occupied. Its CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN 214 BUSINESS PLAN PAGE 16 cutting edge design and sustainable living features continue to reap rewards; the development received LEED Platinum certification and earned an Award of Excellence from the California Redevelopment Association for sustainable design. Wolff Waters Apartments. This 218 unit multi -family development is nearly completed; the complex is slated to open in December 2009. Targeted to meet workforce housing needs, this complex is also vying for LEED Silver certification. Washington Street Apartments. The Agency purchased the 73 unit senior apartment complex in December 2008. It is now initiating planning activities to identify cost effective building and site rehabilitation options for the apartment complex, and new senior oriented affordable housing options for an adjoining 6.8 acre vacant parcel. Dune Palms Road — North. The Agency has been assembling a 5.12 acre site on Dune Palms Road, southeast of Westward Ho Drive comprised of six parcels of which five were developed with older single-family homes that will be displaced when Dune Palms Road is widened. Since these homes are on large deep lots, the Agency elected to initiate acquisition prior to the City's road widening efforts so that the remaining land may de developed with affordable housing. To date, the Agency has acquired and demolished improvements on five of the six properties. Staff anticipates that an acquisition and relocation settlement with the final owner will be scheduled for Agency Board consideration in April 2009. Highway 111/Dune Palms Road — South. The Agency purchased a 19.9 acre property located on Highway 111, east of Dune Palms Road that will accommodate multi -family affordable dwellings. Site planning and disposition and development agreement negotiations are underway to facilitate affordable housing development on 9.0 acres, and commercial/auto dealer development on 9.0 acres. The remaining acreage will be developed with a roadway that provides access from the Costco Center to Dune Palms Road. The environmental and entitlement processes are underway, with public review and hearings anticipated in July 2009. Business Support & Development Chamber of Commerce. The City's annual agreement with the La Quinta Chamber provided support for a variety of business retention and support services, including: networking opportunities, BizNet Symposium and Expo, an annual business directory, mentoring and outreach programs, and business assistance programs. The Chamber hosted its second annual car show, which brought people into the Village. The Chamber also provided advertising opportunities for and information on local businesses via: the Gem newsletter, You Tube videos, Linkedln website, other social networking CITY OF LA QUINT& 215 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 17 mediums, and on its website. The Chamber promoted City businesses and attractions through its Visitor's Center as well. City of La Quinta Marketing Plan. The City implements business support activities via its annual Marketing Plan. Accomplishments for Fiscal Year 2008-09 include: trade show/special event participation (International Council of Shopping Centers, Association of Commercial Real Estate Executives, Coachella Valley Economic Partnership's annual event); print advertising featuring development accomplishments and "dine/shop" messages (Palm Springs Life advertorial, Bob Hope Chrysler Classic pairings sheet; spring ad campaign promoting community events along with a "Come to La Quinta" message via The Desert Sun and Desert Entertainer); participation in a CVA- hosted United States Tour Operators Association's annual conference where the City partnered with La Quinta restaurants and La Quinta Arts Foundation to create a "Magic of the Arts" themed-village; and television advertising via 30-second spots aired regionally and locally. Additional accomplishments include: a public relations strategy that included a "FAM Tour" or familiarization tour for key travel writers from prominent publications such as Seattle Times, Town & Country Travel, California Tour & Travel and LA's The Place Magazine; a new tourism website (PlayinLaQuinta.com); an online dining directory; a shopping map (online and printed versions); a calendar of La Quinta and area events; a 2009 City Calendar; quarterly La Quinta newsletters for residents; "City Scene' — monthly City pages in the Chamber's Gem publication; and community services marketing (promotion of events and City facilities, monthly e-mail blasts, recreation brochures, and completion of a trails map). In addition, cooperative programs with the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA), La Quinta Village businesses, and La Quinta hotels were executed all of which had the goal of attracting more visitors to stay, play, shop, and dine in La Quinta. The Village at La Quinta. Special emphasis has been placed on attracting residents and visitors to the La Quinta Village. Due to its location —removed from the high volume traffic of Highway 111—the Village is a special place the City wishes to encourage people to visit. Accomplishments in 2008-09 include: special events (Bob Hope Chrysler Classic, Certified Farmer's Market, La Quinta Arts Festival, Art Under the Umbrellas, Blues Brews & Bar- B-Ques, Open Air Cinema, adult egg hunt, City's birthday picnic, Chamber car show); placement of shop/dine/play street banners; design of directional signage, which involves unique and creative Village signage to lead people to the Village and define the area; and cooperative advertising with La Quinta Village partners (City, La Quinta Resort, Embassy Suites, Old Town, and SilverRock) targeting visitors already at near by events such as the Skins Game, Bob Hope Chrysler Classic, HITS series equestrian event, and tennis tournament. CITY OF LA QUINTA V April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 18 SilverRock Resort Marketing: Economic Development Project. As a City/Redevelopment project, SilverRock Resort continues to be a priority and high profile endeavor. Successful marketing efforts have yielded significant results in terms of golfers, tournaments, and special events. The project will continue to be a priority for the City/RDA as the potential for revenue generation is realized in the years to come. Arnold Palmer Classic Course. Play continues to increase every year at SilverRock and has reached 40,000 rounds per year. Marketing efforts are reaching thousands of golfers which, in turn, are spreading the word to friends and family about SilverRock being a magnificent place to play golf. Accomplishments in Fiscal Year 2008-2009 include: regional and national promotion of the course in connection with the Bob Hope Chrysler Classic; advertising and promotions (local newspapers, golf and travel magazines, regional directories, local television, radio programs, and rotating billboards); collateral material (rack cards, scorecards, and informational packets); community networking and trade shows (developed working relationships/engaged in cooperative efforts with La Quinta Chamber of Commerce, La Quinta Arts Festival, Trilogy, Embassy Suites, and the CVA); attended trade shows on golf, golf equipment and apparel, and recreation; internet and e-mail marketing (sent out e-mail blasts promoting golf, golf activities, and golf specials); secured SilverRock website link to BHCC website and golf wholesalers websites (e.g., Palmsprings.com, Golfnow.com, bhcc.com, mydesertsun.com, Yellowpages.com). Bob Hope Chrysler Classic. In January 2009, the Bob Hope Chrysler Classic was played for the second time at the Arnold Palmer Classic Course at SilverRock. SilverRock received national exposure on The Golf Channel and was covered locally by CBS2, KMIR, KESQ and KNBC (via its Spotlight on the Desert program). Articles appeared in The Desert Sun, The Press - Enterprise, and the LA Times. Comments from the PGA pros were very positive and patrons were impressed with the overall beauty and condition of the course. Per Council request, staff is compiling data regarding the economic and community benefits the Bob Hope Chrysler Classic offers the City of La Quinta. SilverRock Resort Website. The www.mySilverRock.com website was originally created by Lowe Enterprises for La Solana at SilverRock as a teaser website to peak the interest of potential buyers. The website currently displays information on the City of La Quinta, the SilverRock Resort project, La Solana, and SilverRock golf. In the future, it is proposed to become the main portal for SilverRock Resort —featuring all the amenities offered at this resort destination. CITY OF LA QUINTA 217 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 19 Green and Sustainable La Quinta Program: The City has worked with its conservation partners, Imperial Irrigation District, Coachella Valley Water District, Southern California Gas Company and Burrtec Waste and Recycling to continually find ways to reach out to the community and encourage residents to reduce their carbon footprint by providing valuable conservation programs and incentives. These partnerships have allowed the City to conduct a Going Green Community Workshop and green speaking engagements at the La Quinta Rotary Club, Boys & Girls Club, schools, and Chamber events. These presentations and events help La Quinta residents learn how to conserve water, save energy, and recycle smart. At various events and presentations, 12 La Quinta residents have signed up for the Weather Based Irrigation (Smart) Controller Program and five for the Landscape Conversion program. Landscape conversions have been completed for two Redevelopment Agency (RDA) Cove homes and Smart Controllers are being installed on the remaining 24 RDA Cove homes. The Village Police Officer station has installed Smart Controllers and achieved 54% in water reduction and has plans to participate in the Landscape Conversion program which will result in greater water reduction. Also, 16 La Quinta residents have had energy efficiency audits conducted by Imperial Irrigation District. Green events have been promoted via flyers, press releases, City Report (newsletter), Gem announcements, and the La Quinta Sun. The City received the final draft of the Energy Efficiency Feasibility and Green House Gas Emission Study from Imperial Irrigation District. The Study focused on municipal buildings facilities including, Public Library, Civic Center/City Hall, Fire station #70, Senior Center and the SilverRock Resort Clubhouse, which resulted in ten energy retrofit opportunities. The City continues to hold its bi-annual shred day events and in October 2008, brought in approximately 50 vehicles with two tons of material collected. The City implemented a Voluntary Construction & Demolition (C&D) Debris Diversion Pilot Program with five contractors participating. The diversion rates from the pilot C&D diversion participants achieved a 73% total diversion rate. Coachella Valley Water District. The Coachella Valley Water District provides a variety of water conservation programs to its residential customers including the Weather Based Irrigation Controllers (Smart Controllers) and the single family Landscape Conversion Program. The Smart Controllers have shown positive results with substantial water savings. The Landscape Conversion Program involves replacing turf with beautiful desert landscaping also resulting in significant water savings. CITY OF LA QUINTA 218 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 20 Imperial Irrigation District. As part of the City's Energy Partnership with Imperial Irrigation District, IID offers many residential customer programs including Energy Star rebates for pool pumps and appliances and the Inspector Energy program, which provides advice for improving energy use. Burrtec. The City has partnered with Burrtec Waste and Recycling to develop programs which have also shown positive results including the "Sharp's" needle disposal program and the free commercial recycling program. The City also has implemented a Construction & Demolition Debris Diversion Pilot Program that has shown positive results. Specifically, a significant amount of debris is being diverted from landfills. American Recovery and Reinvestment Plan: Federal Stimulus Package. The City submitted shelf ready projects to federal legislators Congresswoman Mary Bono -Mack and Assemblyman Manuel Perez to acquire Federal Stimulus funding. The federal stimulus funds will invest in many programs including health care, energy, infrastructure, education, and public safety. The total cost of the package is $787 billion: nearly $355 billion for upgrades to transportation, infrastructure, construction, health care programs, education and housing assistance, and energy efficiency projects; $144 billion in State and local fiscal relief; and $288 billion in personal and business tax credits. The government has set up a website (www.Recovery.gov) that will list each recipient as well as provide funding and project details. 2009-101mplementation Activities and Target Areas The City's economic development initiatives have attracted major anchor retailers to the Highway 111 Corridor, developed the Arnold Palmer Classic golf course at SilverRock Resort, and secured negotiations with Lowe Enterprises to develop a boutique hotel, resort hotel, and a resort retail village at SilverRock Resort. During 2009-10, the Economic Development focus will entail: Continue to implement Capital Improvement and Affordable Housing projects, which will help maintain and create jobs, and help stimulate the local economy. Update the City's General Plan to include policies that will promote and encourage economic development consistent with this plan. Working with Highway 111 Corridor property owners to facilitate building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities and auto dealers. CITY OF LA QUINTA 219 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 21 • Exploring opportunities to develop a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses, in the Highway 111 Corridor; • Implementing the development programs for the boutique hotel at SilverRock Resort; • Constructing SilverRock Resort, Phase 2 infrastructure improvements,and working with CVWD on the relocation of the All American Canal; • Exploring strategies to increase support for local businesses; • Working with local hoteliers and businesses to expand cooperative advertising programs in a variety of media (e.g., print, Internet, etc.) • Exploring strategies to attract more businesses, residents and visitors to the Village; and • Exploring opportunities to develop urban infill residential uses in or near the Village to increase demand for the commercial and office uses. The Redevelopment Agency's prime focuses at SilverRock Resort will be to: (1) work closely with CVWD to facilitate the relocation of the All American Canal; (2) to construct the infrastructure improvements; (3) capitalize on the Bob Hope Classic which is taking place entirely in La Quinta in 2010, and (4) continue to work on implementation of the DDA with Lowe Enterprises. Another Agency focus will be to generate opportunities to facilitate urban infill development in and adjacent to the Village. Market research and discussions with the development community indicate that the current land values combined with current parking requirements limit the economic feasibility of development. The Agency may need to address this potential imbalance by facilitating land purchase and sale transactions, and by working with the City to explore on- and off -site parking alternatives. During the past 14 years the City's economic development efforts have generated a majority of the retail uses that populate the Highway 111 Corridor. This effort established the Corridor as a prime regional retail center. However, La Quinta residents have voiced the desire to have new pedestrian oriented entertainment venues in La Quinta. Given the regional draw of the Highway 111 Corridor, locating a mixed use lifestyle center in the Corridor would be appropriate. A lifestyle center typically includes restaurants, coffeehouses, bookstores, a health club, and urban residential uses. However, the limited vacant land opportunities within the Corridor may limit the City's opportunities. ,... 220 CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 22 An equally important City economic development initiative involves planning for future retail development to serve future growth in Sphere of Influence Planning Areas 1 and 2. Initial development and population projections indicate that these Planning Areas may accommodate from 60,000 to 99,900 residents'. Given the distant location from the existing commercial centers within the City, 500,000 to 600,000 leasable square feet of local -serving commercial development could be supported in this area at buildout. As part of the City's annexation strategic planning activities slated for 2008-09 that will focus on Planning Areas 1 and 2, additional analysis of the retail potential will be conducted. Further, given the residential emphasis of the current land use policies that govern development in these Planning Areas combined with the fact that a majority of this property is located in a Redevelopment Project Area under the jurisdiction of Riverside County, the City would gain limited operations revenue from annexing this area. As part of the City's strategic planning effort, new revenue sources must be identified to insure that municipal service costs associated with these Planning Areas are funded by municipal revenues generated within these Planning Areas. ' These numbers, derived from the 2006 Market Study and General Plan, include all areas in Planning Areas 1 and 2, not just the Sphere of Influence Highway 111 Corridor Activities to Accomplish in . Continue to market Highway 111 Corridor 2009-10: development opportunities to retail, hospitality and family restaurant/ entertainment developers and operators in conjunction with property owners. • Market Highway 111 Corridor development opportunities to auto dealers, and assist with retention and expansion efforts for existing dealerships. • Explore and assist in the facilitation of building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities. • Explore opportunities to locate a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses in the Highway 111 Corridor. CITY OF LA QUINTA 221 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 23 Develop and coordinate a marketing co-op for businesses including auto dealerships, restaurants, and retailers. Washington Street Corridor Activities to Accomplish in • Work with Centre Pointe Development and 2009-10: adjoining property owners to draft a new land use plan for the undeveloped segments of this property not owned by Eisenhower Medical Center. • Facilitate development process for Mayer Villa Capri on Washington and Fred Waring. • Facilitate development of remaining property within the Washington Square center. • Develop and coordinate a marketing co-op for restaurants and retailers. The Village Activities to Accomplish in . Implement the Village Signage program 2009-10: contained within the 2007-08 Capital Improvement program to guide patrons to Village businesses. Explore opportunities to develop urban infill residential uses in and near the Village to increase demand for the commercial and office uses. Continue to explore commercial retail development opportunities. Review and, where deemed necessary, update the Village Design Guidelines, General Plan policies and Zoning Code Regulations to promote and encourage a mixture of pedestrian friendly retail, service CITY OF LA QUINTA 222 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 24 and residential land uses. Continue to implement and facilitate events that bring people into the Village. Continue and expand opportunities for co-op advertising. Resort/Hospitality Opportunities Activities to Accomplish in . Continue to work with Lowe Enterprises to 2009-10: implement the Disposition and Development Agreement and Development Agreement for the boutique hotel, resort hotel and resort retail. Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. • Continue cooperative program with La Quinta hotels. Recreation Opportunities Activities to Accomplish in • Implement completed Community 2009-10: Services Master Plan. . Continue to work on trails plans for the top of the Cove and the White Water Channel. • Explore land acquisition opportunities to provide additional park facilities. • Design and build two Dog Parks in the City. • Implement and monitor Phase I of the Golf Cart Plan — Phase one will focus on connecting the La Quinta Resort, SilverRock Resort, and the Village. CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 25 Housing Activities to Accomplish in • Conclude an affordable housing agreement 2009-10: with the Shovlin Companies and complete site planning activities for the Highway 111 and Dune Palms Road property. . Initiate and complete the rehabilitation and new development planning activities for Washington Street Apartments. Complete the Project Area No. 2 amendment that will add the apartment complex and adjacent vacant property to Redevelopment Project Area No. 2. • Purchase additional property for future affordable housing development. • Complete site planning activities for the Dune Palms Road/Westward Ho properties. • Identify rehabilitation and/or redevelopment opportunities involving existing multi -family residential units. • Complete the City's updated Housing Element of the General Plan. • Identify bank -owned foreclosed homes that are in need of substantial rehabilitation; initiate purchase and substantial rehabilitation activities. • Monitor the lease -up of the Coachella Valley Housing Coalition (CVHC) affordable workforce multi -family housing. • Sell additional units in the La Quinta Housing Program to very low-income households. • Initiate site planning activities involving Agency -owned property located at Avenida Montezuma and Avenida Mendoza across from La Quinta Community Park (formerly Francis Hack Park). CITY OF LA QUINTA ?24 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 26 Business Support & Development Activities to Accomplish in . Continue to work with the La Quinta 2009-10: Chamber of Commerce on business retention efforts and business support services. • Coordinate economic development action items with Chamber and support implementation of efforts in the following areas: cooperative advertising, public relations, Village signage, business surveys, business communication, local events, and Workshop/Information Exchange Committee. • Create list of La Quinta retail and service businesses for City website, Economic Development section; and produce and post a resource page for businesses. • Conduct a business survey and solicit input from La Quinta businesses regarding challenges, climate, advertising ideas, etc. • Evaluate opportunities to assist new and existing businesses regarding permitting, fee programs, and long-term business retention and development. • Work with Imperial Irrigation District and Southern California Gas Co. to develop incentives for businesses to participate in energy reduction programs to lower operating costs. • Work with the La Quinta Chamber of Commerce to create a home -based business Chamber membership and facilitating networking among home -based businesses. • Update Market Study to identify emerging land use trends and future markets. • Work with the Coachella Valley Economic Partnership as they create an "Economic „� 225 CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 27 Blueprint" for the Valley that identifies key industries to target over the next five years in order to stabilize, grow, and diversify the region's economy. City of La Quinta Marketing Plan Execute a Cooperative Advertising Program via creation of a "Co-op Catalog" for La Quinta businesses, hotels, and key partners. Offer cooperative advertising opportunities to assist partners and leverage marketing budgets. Implement a Local Marketing Campaign. Launch a local advertising campaign for La Quinta businesses and key partners that has a shop/dine message and promotes events year round. Work with key event organizers on leveraging City sponsorships, implementing effective cooperative strategies, and attracting more people to stay/play and shop/dine in La Quinta. Promote new and current events and explore support for current events. Carry out public outreach event(s) and a marketing campaign to businesses and key partners on the opportunities the City Marketing Plan and Economic Development Plan offer in terms of cooperative advertising and other business support programs. • Launch an E-Marketing Campaign that involves the tourism website, shopping map, dining directory, and the utilization of Social Media (e.g., FaceBook, Flickr and Twitter). Continue paid search (pay -per - click) online advertising with hotels, and expand the program to include all La Quinta businesses and other key partners. • Continue to produce public/visitor communication pieces. Integrate "Shop CITY OF LA QUINTA ?26 April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 28 Local' message to deliverables such City Calendar, City newsletter, and Palm Springs Life advertorial. Continue to produce visitor communication pieces with event information to draw more visitors to La Quinta. Arnold Palmer Classic Course Marketing • Take full advantage of being a home course of the Bob Hope Chrysler Classic in 2009- 10 marketing and advertising efforts. • Print advertising — advertise in publications such as Desert Golf Magazine, Palm Springs Life, The Desert Sun, and Alaska Airlines (in-flight magazine). • Continue presence in various golf directories, including: Palm Springs Golf Guide, City Map, and Yellow Pages. • Continue to research and implement public relations opportunities with positive messages, e.g., national recognition by Golf Magazine, a home course of the Bob Hope Chrysler Classic. • Update www.SilverRock.org website with new photos and additional information. • Broadcast SilverRock television spots to air primarily in the local market; and on a national level via the Golf Channel during the Bob Hope Chrysler Classic. • Continue electronic marketing, including online paid search advertising and e-blasts to all current users of SilverRock Resort golf course. • Develop discounts for guests and residents, a Coachella Valley rate (summer season), and a variety of specials to encourage shoulder season use of the golf course. CITY OF LA QUINTA 22 y April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 29 Green and Sustainable La Quinta Program Activities to Accomplish in . Continue to develop the Green and 2009-10: Sustainable La Quinta program by helping residents and businesses consume fewer resources and save money on their utility bills. • Continue to strengthen the conservation partnerships with Coachella Valley Water District, Imperial Irrigation District, Burrtec and the Southern California Gas Company by assisting them in marketing the various programs and rebates available to residents and businesses in La Quinta. • Explore the concept of providing incentives, reducing permit fees, or providing a matching program in cooperation with IID for businesses to make improvements that enhance energy efficiency and resource conservation in their buildings. Continue to reach out to the community via presentations and special events to encourage La Quinta residents to reduce their carbon footprint by providing valuable conservation programs and incentives. Promote green efforts via flyers, ads, and press releases; continue to pursue cooperatives with green partners for cost sharing purposes; and continue to provide green tips and updates in the La Quinta City Report (quarterly newsletter) and the Chamber of Commerce Gem publication. Create a green web page on the City website dedicated to the growth of the Green and Sustainable La Quinta Program to help keep residents and businesses informed about the latest programs available to them. • Complete landscape conservation program for two RDA -owned Cove homes CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 30 and continue installing "smart' irrigation controllers on all RDA -owned homes. American Recovery and Reinvestment Plan Activities to Accomplish in • Monitor and pursue Federal Stimulus 2009-10: funding to provide for general fund relief for transportation, infrastructure and energy efficiency projects. • Work with the League of California cities to investigate possible federal funding opportunities. • Work with federal legislators, to acquire Federal Stimulus funding for shelf ready projects. • Serve on Assembly Economic Stimulus Recovery Task Force; identify projects eligible for funding under this program; and lobby for expeditious funding process. <"29 CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN Exhibit 2009-10 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta `'30 CITY OF LA QUINTA April 21, 2009 ECONOMIC DEVELOPMENT PLAN i i--4 ti i TIC City of La Quinta Agency -owned Properties 01 ' \l —�� March, 2009 ATTACHMENT Economic Development Plan (EDP) Input Overall: • While the Chamber's priority is to aid all local businesses, the Village business community continues to struggle and should garner additional attention. Additional focus and programs will be initiated by the Chamber to aid the Village businesses. • The Chamber's relationship with the City had greatly improved in the past year and we are working more closely than in recent history. To continue that inertia, the Chamber proposes to be more actively involved with the implementation of the Economic Development Plan and to include measurable and achievable goals and objectives outlined below. • In general an education partner such as a DeVry institute or a Nursing college located in the Village would stimulate business, bring additional foot traffic, and provide a valuable commodity that is lacking in the Coachella Valley, education. • Improve the ability to "walk around" the Village with improved signage and paths. • Utilize the La Quinta Parks to host an X Games competition. Specific Plan of Action: • Chamber proposes that the Chamber be more involved in the "Overall" marketing strategy working with the PR firms etc. Not to be an additional "approver" but rather for information, input, and implementation. It seems we are duplicating efforts and could be more effective in cooperation. • Chamber will contact 100% of the Village businesses and solicit input regarding "their" needs. Compile and analyze the information, develop strategies assist the Village businesses, and report to the City its findings. • The Chamber would like to be more instrumental in being the City's conduit to local businesses and to be a tool for businesses to navigate through City requirements like permitting etc. • Chamber will initiate a business "think tank" for member businesses to have a round table discussion on what business practices are and are not working in this economy. • Continue working with the Bob Hope Chrysler Classic (BHCC) and La Quinta Arts Foundation (LQAF) on their events and continue to enhance and build on progress from the previous year including member involvement in ticket sales (BHCC) and volunteer assistance (LQAF). • The Chamber is evaluating its Village Sign program and how to improve the look and feel as well as increasing its effectiveness. 232 i Qum& 6y OF htE COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Adopt a Resolution of the City Council Approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, for Fiscal Year 2009/2010, and a Resolution Declaring Intent to Levy Annual Assessments for Landscape and Lighting Assessment District 89-1, and Giving Notice Thereof RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10�_ STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 ("District"), Fiscal Year 2009/2010; and Adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. FISCAL IMPLICATIONS: Adoption of the Resolutions is required in order to levy the annual assessment for the District. The estimated total cost for Fiscal Year 2009/2010 is $2,101,641 for maintenance of landscape and lighting, medians, and parkways within the public right- of-way. The estimated assessment levy for the landscape and lighting portion is $957,810. An estimated $238,500 will be collected from CSA 152 assessments for stormwater facilities bringing the total right-of-way deficit to $905,331. Park maintenance costs have been separated from the District costs within the Engineer's Report for the district. The parks maintenance cost is estimated to be an additional $1,536,604 for Fiscal Year 2009/2010 bringing the total deficit for right-of-way and parks maintenance to $2,441,935. Staff proposes that this amount be funded through a General Fund contribution of $2,441,935 in Fiscal Year 2009/2010. 233 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 1989, the City Council formed a Citywide Landscape and Lighting Assessment District to fund costs associated with the maintenance, construction and servicing of landscape areas, street lights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities associated with the District, as outlined in Attachment 1 . An Annual Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The Preliminary Engineer's Report, prepared by City staff and MuniFinancial with parcel reconciliation support by Muni Financial, provides the required information for the District for Fiscal Year 2009/2010. The Preliminary Engineer's Report projects the following for Fiscal Year 2009/2010 in comparison to the Fiscal Year 2008/2009 Engineer's Report: FY 2008/2009 Citywide Benefit Zone Yes Number of Local Benefit Zones 6 Number of Equivalent Dwelling Units (EDU's) 26,345 EDU Rate $35.60/EDU District Revenue $937,855 FY 2009/2010 Yes 6 26,906 $35.60/EDU $957,810 These calculations will be finalized for the Final Engineer's Report in order to provide the most accurate assessment possible. In accordance with previous City Council direction, all residents, including those within the six (6) local benefit zones, will be assessed at a flat rate. The methodology has remained the same under the provisions of Proposition 218. 234 At this time, the estimated Fiscal Year 2009/2010 District exempt cost is $2,101,641. Based on this estimate, the citywide benefit assessment would be $78.11 /EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless approved by a simple majority in a public vote. Balloting to raise the assessment can be initiated by the City Council at any time. On May 6, 2008, City Council approved a Professional Services Agreement (PSA) with Willdan Financial to complete Phase I: Feasibility Study and Benefit Analysis to form a Citywide Special Assessment District for parks under the provisions of the Landscaping and Lighting Act of 1972. It is anticipated that staff will present a Summary Technical Memorandum, prepared by Willdan Financial, that will outline a proposed district structure; estimated costs budget (both general and specific benefit costs); the method of apportionment; an estimate of the possible assessments; and related tables and diagrams for the Phase I work mentioned above in May or June 2009 to the City Council. The City Council is required to approve the preliminary Engineer's Report and schedule a Public Meeting and Public Hearing date to allow affected property owners an opportunity to provide public testimony regarding the proposed changes. Approval of the Preliminary Engineer's Report does not obligate the City to the fees proposed. Only after the Public Meeting and Public Hearing are conducted, can the City Council adopt assessment fees for Fiscal Year 2009/2010. The Public Meeting and Public Hearing are scheduled for the May 5, 2009 City Council Meeting. Upon conclusion of the Public Hearing, the City Council may approve the assessment levels based upon testimony received at the Public Meeting and Hearing. Since the City is not proposing an increase in the assessment amount, the Landscape and Lighting Act of 1972 requires a one-time noticing ten days in advance of the Public Meeting/Hearings for citywide districts through the newspaper. Attachment 2 is the notice that will be published in The Desert Sun newspaper on April 24, 2008 at a cost of approximately $250. To proceed with the recommended changes proposed in the preliminary Engineer's Report (Attachment 3) for the District, the City Council must: Adopt a resolution approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2009/2010; and Adopt a resolution declaring intention to levy annual assessments for construction, maintenance and'servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. .. 235 A Public Meeting and Hearing will be scheduled to allow public testimony before the City Council. The Public Meeting and Hearing dates will be noticed through the newspaper unless otherwise directed by the City Council. Upon conclusion of the Public Hearing, the City Council may adjust the assessment levels as necessary and adopt a resolution confirming the assessment diagram and assessment level. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, for Fiscal Year 2009/2010 and adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof; or 2. Reject the Preliminary Engineer's Report and provide staff with possible revisions to the report for future consideration; or 3. Provide staff with alternative direction. Respectfully submitted, �� P, L���- � oJthyR. Jo ass P.E. T Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Annual Activities Report 2. Proposed Notice of Public Meeting 3. Preliminary Engineer's Report 236 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2009/2010 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta, California and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report"); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 s` day of April 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California » 237 Resolution No. 2009- Landscape & Lighting Assessment 89-1 Adopted: April 21, 2009 Page 2 of 2 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 238 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment District 89-1," shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2009 and ending June 30, 2010 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the Landscape and Lighting Assessment District 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). 239 Resolution No 2009- Landscape & Lighting Assessment Adopted: April 21, 2009 Page 2 of 3 SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer's report for Landscape and Lighting Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2009 and ending June 30, 2010 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that May 5, 2009 at 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Meeting by the City Council to allow public testimony regarding the proposed increased assessment. SECTION 6. Notice is hereby given that May 5, 2009, at 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates The Desert Sun as the newspaper in which notice of the Public Hearing shall be published. 240 Resolution No 2009- Landscape & Lighting Assessment Adopted: April 21, 2009 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of April 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 241 ATTACHMENT 1 ANNUAL ACTIVITIES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT Adopt the following Resolutions: 1. Approve Preliminary Engineer's Report (April 21, 2009). 2. Intention to levy annual assessment and notice of Public Meeting/Hearing (April 21, 2009). 3. Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (May 5, 2009). 4. Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (May 5, 2009). 242 ATTCHMENT2 CITY OF LA QUINTA iNuj j OO CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a PUBLIC HEARING on May 5, 2009, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, California, on the following item: THE FISCAL YEAR 2009/2010 ANNUAL ASSESSMENT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 Maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values. Adequate street lighting and traffic signals are considered imperative for their contribution to public convenience and safety. At the Public Meeting, City staff will present the proposed assessment levy and will accept questions thereon. At the Public Hearing, the City Council will hear comments in support of and protests against the annual levy prior to acting on the levy of assessments for Fiscal Year 2009/2010. Any property owner may mail a protest against the assessment to the City of La Quinta, Timothy R. Jonasson, Public Works Director/City Engineer, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, CA 92253. The annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act Of 1990, the City Manager's Department requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting, must inform the City Manager's Department a minimum of 72 hours prior to the scheduled meeting. A COPY OF THE ENGINEER'S REPORT IS AVAILABLE AT CITY HALL. FOR ADDITIONAL INFORMATION, CONTACT MR. TIMOTHY R. JONASSON, P.E., PUBLIC WORKS DIRECTOR/CITY ENGINEER AT (760) 777-7075. PUBLISH ONCE ON FRIDAY, APRIL 24, 2009 243 ATTACHMENT 3 City of La Quinta ENGINEER'S ANNUAL LEVY REPORT 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fax: (951) 587-3510 Street Lighting and Landscape District No. 89-1 Fiscal Year 2009/2010 INTENT MEETING: April21, 2009 PUBLIC HEARING: May 5, 2009 WI LLDAN Financial Services Lancaster, CA Oakland, CA Sacramento, CA www.wilidan.com Orlando, FL Memphis, TN 244 ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of 2009. Willdan Financial Services Assessment Engineer On Behalf of the City of La Quinta I.0 Adina Vazquez, Senior Project Manager District Administration Services 0 Richard Kopecky R. C. E. # 16742 245 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO.89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the _ day of 2009 BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY thatthe enclosed Engineer's Report, togetherwith Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2009. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the _day of 2009. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California N6 TABLE OF CONTENTS I. OVERVIEW.....................................................................................................................1 A. INTRODUCTION....................................................................................................................................1 B. HISTORICAL BACKGROUND AND LEGISLATION........................................................................................2 II. DESCRIPTION OF THE DISTRICT................................................................................2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT............................................................. 2 B. IMPROVEMENTS WITHIN THE DISTRICT..................................................................................................2 III. METHOD OF APPORTIONMENT.............................................................................. 3 A. GENERAL...........................................................................................................................................3 B. BENEFITANALYSIS..............................................................................................................................4 C. METHODOLOGY...................................................................................................................................5 IV. DISTRICT BUDGETS.................................................................................................8 A. DESCRIPTION OF BUDGET ITEMS.......................................................................................................... 8 B. 2009/2010 DISTRICT BUDGET.............................................................................................................9 APPENDIX A - DISTRICT ASSESSMENT DIAGRAMS.....................................................12 APPENDIX B - 2009/2010 ASSESSMENT ROLL..............................................................13 247 City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 I. Overview A. Introduction The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1(the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2009/2010. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2009/2010 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2009/2010. Financial Services City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. Willdan Financial Services Page 2 249 City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications forthe improvements are on file in the office of the City Engineer and are by reference made a part of this report. III. Method of Apportionment A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula ormethod which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. Willdan Financial Services Page 3 250 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well - maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well - maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. Willdan Financial Services Page 4 251 City of La Quinta Fiscal Year 200912010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. Willdan Financial Services Page 5 252 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. Land Use EDU Factor Exempt Parcels 0.0 Single Family Residential Parcels 1.0 per unit Non -Residential Parcels 5.0 per acre; 1.0 minimum Vacant Residential Parcels 0.33 per unit Vacant Non -Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. Willdan Financial Page 253 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non - Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. Financial Services 254 City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2009/2010 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2009/2010 is the same rate assessed for Fiscal Year 2008/2009. The base assessment rate to be approved for Fiscal Year 2009/2010 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected assessment revenue of $957,810. The City proposes the remaining $2,680,435 be funded through a General Fund contribution of $2,441,935 and $238,500 of revenue from CSA 152. IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel— Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Willdan Financial Services Page 8 255 City of La Duinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Uniform Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology— Includes computers, printers, and other related items and services. Operating Supplies —This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Operating Supplies and Software — This item reflects the costs of software programs. Small Tools/Equipment— Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2009/2010 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2009/2010 is summarized on the next page in Table 1. Willdan Financial Services Page 9 256 City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 Table 1 Fiscal Year 2009/2010 Budget Expenditures Fundin Fiscal Year 2009110 L & L Assessments General Fund -Parks Personnel Salaries -Permanent Full Time $193,700 $82,800 $110,900 Other Benefits & Deductions 80,600 34,450 46,150 Stand By Stand By Overtime Overtime Total Personnel $274,300 $117,250 $157,050 Contract Services Annual Lighting & Landscape Report $15,000 $15,000 Civic Center Campus Lake Maintenance 5,000 5,000 Landscape Lighting Maintenance 184,470 150,470 34,000 Riverside County Tax Roll Admin Fee 17,500 17,500 Citywide Maintenance Contract 1,300,640 860,640 440,000 Maintenance/Repair/Traffic Signals 125,500 102,500 23,000 Tree Trimming 83,500 71,500 12,000 Janitorial Services 28,000 28,000 Security Service -Cor oration Yard 2,100 1,100 1,000 Total Contract Services $1,761,710 $1,218,710 $543,000 Rental Services Uniforms $1,200 $1,200 $0 Total Rental Services $1,200 $1,200 $0 Vehicle Operations Facilities Charges $413,394 $413,394 Fleet Maintenance 4,189 4,189 0 Total Vehicle Operations $417,583 $4189 $413,394 Utilities Electric $520,300 $391,300 $129,000 Phone 500 500 Water 323,750 167,200 156,550 Total Utilities $844,550 $558,500 $286,050 Travel Training & $1,950 $950 $1,000 Meetings Total Travel Training & Meetings $1,950 $950 $1,000 Information Computers Printers and Services $10,193 $4,956 $5,237 Technology Total Information Technolo $101193 $4,956 $5,237 Operating Supplies Plant Replacement $61,000 $55,000 $6,000 Graffiti Removal 30,000 10,000 20,000 Safety Gear 400 400 Field Materials 106,000 50,000 56,000 Total Operating Supplies $197,400 $115,400 $82,000 Small Tools I Non -Capital $250 $250 $0 Equipment Total Small Tools/Equipment $250 $250 $0 Total Landscape & Lighting Budget $3,509,136 $2,021,405 $1,487,731 District Public Works Administration $36,585 $36,585 $0 Administration Citywide Administration 92,524 43,651 48,873 Total District Administration $129,109 $80,236 $48,873 Total Landscape & Lighting Expenditures $3,638,245 $2,101,641 $1,536,604 Less CSA 152 Revenue $238,500 Less General Fund Contribution 2,441,935 Balance to Levy $957,810 Total EDU 26,906 Levy Per EDU $35.60 Willdan Financial Services Page 10 257 City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape Dishict No. 89-1 The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Land Use FY 200912010 Parcel Count County Acres Prior Year EDU Prior Year Levy FY 200912010 EDU FY 2009/2010 Levy Agricultural Parcels 131.00 419.34 107.95 $3,842.78 584.51 $20,807.4 Exempt Parcels 2233.00 9,752.52 0.00 0.00 0.00 0.0 Golf Course Parcels 305.00 3,553.52 1,833.33 65,264.76 1,929.56 68,690.1 Hillside Conservation Parcels 12.00 319.12 31.91 1,135.94 31.91 1,135.9 Multi -Family Residential Parcels 38.001 92.82 644.00 22,926.4 644.00 22,926.40 Non -Residential Parcels 220.0 491.17 2,489.75 88,635.1 2,360.25 84,024.9 Rural/ Estate Parcels 62.0 127.56 95.99 3,417.21 99.35 3,536.2 Sin le Family Residential Parcels 19,314.0 1,920.84 19,206.00 683,733.E 19,205.00 683,698.00 acanU Remote Parcels 37.0 818.63 277.55 9,880.4 333.32 11,866.18 Vacant Non -Residential Parcels 289.0 777.52 855.89 30,467.1 806.35 28,703.92 Vacant Residential Parcels 2,688.0 809.47 802.56 28,551.6f 911.32 32,420.8 Total 25,329.0 19,082.511 26,344.921 $937,855.1 26,905.5 $957 809.9 (1) The difference in the "Balance to Levy" figure in the previous table and the land use classification proposed levy in this table is due to the Riverside County even penny requirement for each charged parcel. At the time of the Report there was an increase in EDU assessed of 560.65 over the prior year estimates. Actual changes will be based on the final County Secured Roll for Fiscal Year2009/2010. The difference is due to changes in County Land Use Classifications and development. Willdan Financial Services Page 11 258 City of La Quinta Fiscal Year 2009/2010 Engineers Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix A — District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. Willdan Financial Services Page 12 ' 2Sg City of La Quinta Fiscal Year 2009/2010 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix 6 — 2009/2010 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/orthe Riverside County Secured Tax Roll forthe year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2009/2010. If the parcels orAPNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels orAPNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. Wilidan Financial Services 260 f COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval to award a Contract to Teserra for the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract to Teserra for the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13, in the amount of $589,756, subject to any final revisions approved by the City Manager and City Attorney. FISCAL IMPLICATIONS: The current contract amount for citywide landscape maintenance services for Fiscal Year 2008/2009 is $791,731. The recommendations contained within this report will be funded through Landscape and Lighting — Contract Maintenance Account No. 101- 7004-431-34-04. The approval of the appropriation for this contract will be made with the adoption of the Fiscal Year 2009/2010 Budget. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 and the General funds. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. 261 BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded the citywide landscape maintenance contract to Kirkpatrick Landscaping Services, Inc. and approved staffs' recommendation to remove the City Hall Civic Center, the Senior Center and the Library landscape maintenance from the Citywide Landscape Maintenance Contract, and add it to the General Fund, Park Landscape Maintenance Services contract. The addition of the City Hall Civic Center, the Senior Center and the Library landscape maintenance into the Park Landscape Maintenance Service contract allowed all parks and facilities to be maintained by one contractor while city right-of-way was maintained by another. Adams Park and Adams Retention Basin were currently being maintained by two (2) contractors. Staff recommended moving the Adams Retention Basin landscape maintenance from the Citywide Landscape Maintenance Contract, Lighting and Landscape District to the Park Landscape Maintenance Services while continuing charging the services to the Lighting and Landscape District. The addition of the Adams retention basin landscape maintenance into the Park Landscape Maintenance Service will allow the properties to be maintained by the same contractor as the Adams Park. On March 17, 2009, The City Council approved specifications and authorized staff to advertise for bid the Citywide Landscape Maintenance Contract, Project No. 2008-13. On April 10, 2009, twelve (12) sealed bid were received for the project. The bid comparisons are as follows: Teserra Marina Landscapes, Inc. Kirkpatrick Landscaping Services, Inc. Vintage Landscape Sierra Landscape Company Mark Logan Landscape & Maint. Service Mariposa Landscape, Inc. Azteca Landscape Orozco Landscape & Tree Company Merchants Landscape Services, Inc. Environmental Source Company Excel Landscape, Inc. Engineers Estimate BID AMOUNT $ 589,756.00 $ 624,560.22 $ 647,687.10 $ 649,764.00 $ 693,002.00 $ 695,949.31 $ 717,762.82 $ 753,016.24 $ 761,638.00 $ 776,845.00 $ 838,204.64 $1,019,554.22 $ 791,730.00 262 Staff has contacted references listed by Teserra, as part of the bid package. Therefore, based upon the submitted bid and past experience in the field, Teserra, meets the requirements of the bid specifications. The citywide landscape maintenance program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The contract duration will be for one (1) year, July 1, 2009 thru June 30, 2010. The contract will allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2013/2014, at the City's discretion if the contractor performs in a satisfactory manner. The contract may be terminated with 30 day notice to the contractor. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to Teserra for the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13, in the amount of $589,756, subject to any final revisions approved by the City Manager and City Attorney; or Do not award a contract to Teserra for the Citywide Landscape Maintenance Contract, Project No. LMC 2008-13, in the amount of $589,756, subject to any final revisions approved by the City Manager and City Attorney; or Provide staff with alternative direction. Respectfully submitted, T-irfiothy R. J sson . Public Works irecto ity Engineer Approved for submission by: =as P. Genovese, City Manager �... 263 COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval to award a Contract to Young Electric Sign Company for the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008- 14 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract to Young Electric Sign Company for the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14, in the amount of $137,700, subject to any final revisions approved by the City Manager and City Attorney. FISCAL IMPLICATIONS: The current contract amount for citywide landscape lighting maintenance services, for Fiscal Year 2008/2009 is $162,000. The recommendations contained within this report will be funded through: Lighting and Landscape — Contract Maintenance Account No. 101-7004-431-32-07 and Parks Account No. 101-3005-451-32-07. The specific approval of the appropriation for this contract will be made with the adoption of the Fiscal Year 2009/2010 Budget. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 funds and the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. 264 BACKGROUND AND OVERVIEW: This program provides for bi-weekly inspections of all landscape lighting systems located within the City's medians, parks, perimeter landscapes and parking facilities. The successful low bidder shall also be responsible for providing electrical contractor services and any labor required in order to repair these lighting systems. All materials are provided to the contractor by the City. The contractor is also required to respond to and make repairs to hazardous situations (i.e. exposed wiring) within two hours of notification. The contract duration will be for one (1) year, July 1, 2009 thru June 30, 2010. The contract will allow for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2013/2014, at the City's discretion if the contractor performs in a satisfactory manner. The contract may be terminated with 30 (thirty) day notice to the contractor. On March 17, 2009, the City Council approved specifications and authorized staff to advertise for bid the Citywide Landscape Lighting Maintenance Contract, Project No. 2008-14. On April 10, 2009, four (4) sealed bids were received for the project. The bids comparison is as follows: BIDDER BID AMOUNT Young Electric Sign Company $137,700. Hegge Electrical Construction, Inc. $158,000. Bruce Kribbs Construction $166,200. Republic Intelligent Transportation, Inc. $196,980. Staff has contacted references listed by Young Electric Sign Company, as part of the bid package. Therefore, based upon the submitted bid and past experience in the field, Young Electric Sign Company, meets the requirements of the bid specifications. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to Young Electric Sign Company for the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14 in the amount of $137,700, subject to any final revisions approved by the City Manager and City Attorney; or 265 2. Do not award a contract to Young Electric Sign Company for the Citywide Landscape Lighting Maintenance Contract, Project No. LMC 2008-14 in the amount of $137,700, subject to any final revisions approved by the City Manager and City Attorney; or 3. Provide staff with alternative direction. Respectfully submitted, 4im0 thy yR J na on, P.EPubc Wor Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager ,... 266 Tihw^F4VOuru COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval to Excuse Chairman Ed Alderson's Absence from the May 12, 2009, Planning Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IJr lFyl -I] 1yW_W 9I$]►A PUBLIC HEARING: Approve a request from Chairman Ed Alderson to be excused from attending the May 12, 2009, Planning Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances ... If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Planning Commission Chairman Alderson has requested of the City Council to be excused from the May 12, 2009, Planning Commission meeting. The request is being made prior to the meeting, as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 267 1. Approve Chairman Alderson's request to be excused from the May 12, 2009, Planning Commission meeting; or 2. Deny Chairman Alderson's request; or 3. Provide staff with alternative direction. Respectfully submitted, 4/ Les Johnson, Planning Director Approved for submission by: ze,�� Thomas P. Genovese, City Manager Attachment: 1. Request from Chairman Alderson -1.. 268 ATTACHMENT 1 L; lk 62009 iL;YlA MPI tAul: CITY F1AAACCp ; ^.cpr March 6, 2009 City Of La Quinta 78-495 Calle Tampico La Quinta, California Attn: Counsil Members I respectfully request your permission to be absent from the Planning Commission meeting of May 12, 2009. I will be unavoidably detained out of the country. Thank you for your consideration: Ed Alderson Planning Commissioner Cc: Les Johnson / Director of Community Development 269 Tihf °F 4Q" COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Approval of Application for SB 821 Bicycle and Pedestrian Facilities Program Grant Funds for Design and Construction of Sidewalks Within the Village Area RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an SB 821 Program grant application in the amount of $87,300 for the design and construction of sidewalks within the Village Area. FISCAL IMPLICATIONS: The total cost for the proposed village sidewalk project is an estimated $174,600. The City is proposing a 50% match (or $ 87,300), which would be funded by the Redevelopment Agency through the Sidewalks - Various Locations CIP Account #401- 1651-551.45-01 and Handicap Ramps at Various Locations #401-1652-551.45-01. CHARTER CITY IMPLICATIONS: Since the project is being funded with grant funding and redevelopment funds, the project would have to be bid as a prevailing wage job. BACKGROUND AND OVERVIEW: On March 21, 2009, the City of La Quinta received notification from the Riverside County Transportation Commission (RCTC) regarding the availability of SB 821 Program Funds. Section 99233.3 of the State Public Utilities Code sets aside 2% of the Local Transportation Fund in each county to fund facilities for the exclusive use of pedestrians and bicyclists. For Fiscal Year 2009-2010 (beginning July 1, 2009), it is estimated that $1,146,590 will be available for the program. The City has been 2I 0 awarded funds under this grant program on several occasions in the past and proposes to apply again during this cycle. Staff proposes a project for the upcoming Fiscal Year which involves the design of sidewalks within the Village Area (Attachment 1). The SB 821 application will be submitted to the RCTC upon approval from Council. It is due to the RCTC no later than May 1, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an SB 821 Program grant application in the amount of $87,300 the Design of Sidewalks Within the Village Area; or 2. Do not approve an SB 821 Program grant application in the amount of $87,300 the Design of Sidewalks Within the Village Area, or 3. Provide staff with alternative direction. Respectfully submitted, R d thy R. J ass P.E. Public Works irec or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Proposed sidewalk locations. 271 T-ihf 4 4 a" COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Authorization for Overnight Travel for Four Members of the City Council to Attend the 2009 League of California Cities Mayors and Council Members Executive Forum to be Held May 27-29, 2009 in San Diego, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ry CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for four members of the City Council to attend the League of California Cities 2009 Mayors and Council Members Executive Forum to be held May 27-29, 2009 in San Diego, California. FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget has allocated funds for travel, training and meetings for the City Council. Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51- 01)• Expenditures for this conference are estimated as follows: Registration $ 500 Travel $ 150 Lodging (2 nights) $ 550 Meals (3 days x $75) $ 225 Total $1,425 CHARTER CITY IMPLICATIONS: None TOTAL (for 4) $5,700 1 213 BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum at Paradise Point Hotel and Conference Center in San Diego, California, May 27- 29, 2009 (Attachment 1). This event will focus on key city issues and topics such as housing; ethics; economic trends and events affecting city budgets; and redevelopment. Mayor Adolph and Council Members Henderson, Franklin and Kirk have expressed an interest in attending this meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for four members of the City Council to attend the League of California Cities 2009 Mayors and Council Members Executive Forum to be held in San Diego, California to be held May 27-29, 2009; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, V)W, � - w�-gar, Wanda P. Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement — 2009 League of California Cities Mayors and Council Members Executive Forum 1 274 �r �`:a�� %'.t jai s ,. 'r`3� i"1 .. The 2009 Executive Forum and Advanced Leadership Workshops will feature a range of educational sessions designed to meet the priorities of local elected officials and staff. Networking and strategy sessions will maximize the value of this event. How to Register Registration includes electronic program materials prior to the conference, reception on Wednesday, breakfast and lunch on Thursday and breakfast on Friday. Registrations completed online at www.cacities.org/events before Friday, May 1, 2009, will also receive a CityBooks voucher to redeem for the closing keynote publication. * Registration/Events Mayors and Council Members Executive Forum (Wednesday - Friday) City Officials / Public Agencies $500.00 All Others $600.00 Advance Leadership Workshops (Friday - Saturday) City Officials / Public Agencies $295.00 Sorry, one day registration is not available * Guest/Spouses A guest badge is required to allow attendance at all sessions and meal functions. Because this is a professional, educational and networking event, we request that no one under the age of 18 attend. Guest/Spouse full conference $125.00 Note: It is inadvisable to use city funds to pay for spouse registration. See 75 Ops. Cal. Atty. Gen. 20(1992). Consult with your city attorney for more information. * Refunds will be made for cancellations submitted in writing and received by Friday, May 8, 2009, subject to a $50 processing charge. No refunds for cancellations received after this date will be processed. Substitutions can be made onsite. Hotel Information and Reservations Visit your favorite mapping/directions website for directions to Paradise Point Hotel and Conference Center 1404 Vacation Road San Diego, CA 92109 * Hotel Rate: $215.00 Single/Double Occupancy plus taxes Overnight parking; $10.00 per day, daily parking, complimentary HEALTH NOTE: In the spirit of promoting healthy lifestyles, this conference is on a "campus like" property promoting walking and physical activity. * Register for the Conference All attendees must register for the conference directly with the League of California Cities, online at www.cacities.org/events prior to reserving a hotel room. Once your registration is complete, you will be directed to the housing registration page. If paying by check or money order, please e-mail klofte@cacities.org to request a registration form. * Secure Your Hotel OPTION A (credit card): The online conference registration link, will take you directly to the online housing reservation currently available on your selected dates. For immediate hotel reservations and confirmation, please book your required rooming needs online after registering for the conference. OPTION B (check or money order): After the League of California Cities receives and processes your registration for the conference, an email with an online link (URL) for hotel reservations and/or a housing request form will be sent to you. If electing to mail the housing form with hotel deposit, please fill out the hotel reservations form completely and mail it with your check or money order. * Prior to May 1, hotel reservation changes, date modifications, early check-outs or cancellations must be done directly with the hotel. Cancellations and early check-outs after this date may incur a financial penalty or minimum one night room charge. Important: The League requests that no hotel reservations be made unless it is certain that the room will be used. Executive Forum SAN DIEGO • . 276 Registration 11:00 a.m. - 5:30 P.M. 1:30 - 3: 00 p.m. Political Climate - Perspectives from Both Sides of the Aisle Join this lively discussion, led by two former state senators, to learn about what lies ahead for the current legislature and administration. Speakers: Dede Alpert, Former State Senator, D-San Diego, Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, Sacramento Jim Brulte, Former State Senator, R-Rancho Cucamonga, California Strategies 3:30 - 5: 00 p.m. Entering the Blogosphere: Using New Media to Talk To Your Community As city residents turn to the internet for their news and information, bloggers are gaining more relevancy as news generators and typically offer something traditional news can't- a personal angle. slogging is easy to implement and is changing governance, political campaigns, and city and staff involvement in the community. Get tech savvy. Speakers: Rick Cole, City Manager, Ventura Art Pedroza, Editor and Chief, Orange Juice Blog, Santa Ana Maintaining Morals and Ethics Given the economic times, everyone must be aware of the possible pitfalls that can happen within the walls of their own city government. Recognizing the behaviors and knowing the causes is the objective and they are brought to you by someone who has been there. Discover the issues before they discover your city. Speaker: John Morreale, Former Finance Director, Gardena "a s continued Cities Becoming Landlords Even with the poor economy and low city revenue, public private partnerships can assist your city in enticing development, turning dilapidated neighborhoods and dirt lots into tax and sales revenue generators, and job creators. Speakers: Dave Hudson, Vice Mayor, San Ramon Mark Grisham, City Manager, Pittsburg Making Design -Build Work for Your City Effective January 1, 2009, AB 642 allows cities to enter into design -build contracts for building projects in excess of $1,000,000. Explore the benefits and drawbacks of this project delivery method. In contrast to the traditional "design -bid - build," the design and construction aspects are contracted with a single entity to minimize the project risk for an owner, reduce the delivery schedule and construction phases. Speakers: Steven Flower, Richards, Watson & Gershon, Los Angeles Kathleen Garcia FASLA, Planning Commissioner, San Diego Michael Rudinica PE, Executive Vice President- Water Resources, RBF Consulting, Irvine cus Pn>;,�r:tlt Partner's Summit on Innovation 5:15 - 7:15 p.m. * Session times, speakers, and topics are subject to change. 277 Registration 7:30 a.m. - Noon Networking Breakfast 7:45 - 8:45 a.m. 9:00 - 9:45 a.m. League Strategies and Priorities Speakers: Chris McKenzie, Executive Director, League of California Cities, Sacramento Judy Mitchell, President, League of California Cities, Mayor, Rolling Hills Estates 10: 00 - 11:30 a.m. Best Practices: Email Use With the increase in email popularity, it has become a target of Public Records Act requests and litigation discovery demands. Become familiar with the "best practices" and what to stay away from when using email. Speakers: Steven Quintalilla, Partner, Green, de Bortnowsky & Quintanilla, City Attorney, Rancho Mirage, Assistant City Attorney, Cathedral City, Calabasas Gene Stinnett, Associate, Richards Watson & Gershon, Los Angeles Show Me the Money: a City Finance Update Top experts will provide the very latest on the critical events and economic trends affecting city budgets. Get the scoop on the state budget and important court cases affecting city revenues and spending. Speakers: Michael Colantuono, Colantuono & Levin, PC, Penn Valley Michael Coleman, Fiscal Policy Advisor, League of California Cities, CaliforniaCityFinance.com, Davis Ken Nordholf, City Manager, San Rafael mnunued 10: 00 - 11: 30 a.m. Making Redevelopment Popular Redevelopment adds value to California's local and state economies through the building of infrastructure, affordable housing, community facilities, and creation of jobs. Develop new ways of thinking about your role with respect to redevelopment. You can effectively counter the critics, emphasize to legislators, the public, the media, and take actions to make public officials more effectively support redevelopment in your communities. Speakers: James Kennedy, Director, Contra Costa County Redevelopment Agency, Martinez John Shirey, Executive Director, California Redevelopment Association, Sacramento Launching a Healthy Cities Initiative in Difficult Economic Times Implementing a healthy cities initiative as a strategy to promote positive economic, physical, and social environments that advance community well being, adds great value to your city. Identify how to best establish partnerships between city and county governments by utilizing two different approaches to initiating, structuring, and sustaining a healthy cities initiative with limited resources. Speakers: Angelica Baltazar, Healthy Communities Program Coordinator, San Bernardino County, San Bernardino Pamela Easter, Assistant City Manager, Rancho Cucamonga Patricia Gilbreath, Mayor Pro-Tem, Redlands 12:00 - 1: 30 p.m. Caucus Recognition Join colleagues for good food, networking and recognition of the League's four caucus organizations. Q Mark Your Calendars!�� 2009 Annual Conference and Exposition ft AL Strong Cities Strong State Strong [ration ;. September 16 -19 San Jose Convention _ 70 itx[CtoF.'`i: FF .`'P.W Oli° 2: 00 - 3:15 p.m. AB32/SB375 Legislation Update Gain latest information update in regards to AB32 and AB375 from recent legislative sessions. Discover how these will affect your city. Speakers: Bill Higgins, Legislative Representative, League of California Cities, Sacramento Betsy Strauss, Program Director, Institute for Local Government, Sacramento From Neighborhood Watch to Neighborhood Councils (Organized by the Institute for Local Government) Cities are experimenting with different ways to successfully embed broader civic participation in their communities. Take back to your city, a variety of practical and strategic approaches to developing and maintaining resident and community engagement in areas ranging from public safely to neighborhood revitalization. Speakers: Jamie Carlton, Neighborhood Services Supervisor, Roseville Laura Lam, Strong Neighborhoods Manager, San Jose Patrick Williams, Police Chief, Desert Hot Springs City Manager Evaluations Discuss preliminary considerations, different types of evaluation processes, and how to complete an evaluation with the best outcome for everyone. Identify the rights and possible risks associated with the evaluation process. This is not just theory. Take advantage of lessons learned from actual cases. Speakers: Michele Cam, Personnel Director, Huntington Beach Jan Perkins, Senior Advisor, ICMA, San Jose Best Practices in Tribal and Local Government Relations Findings from a recent study, "Best Practices in Tribal and Local Government Relations" include a brief background on tribal sovereignty in California and case studies of successful working relationships between tribal and local governments. Speakers: Hazel Longmire, Vice Chair, Colusa Indian Community, Colusa Robin Lowe, Council Member, Hemet Ralph Rossum, Rose Institute of State and Local Government, Claremont McKenna College, Claremont 3:45 - 5: 00 p.m. Winning a Tough Sales Tax Measure in Tough Economic Times Cities have WON their sales tax measures during the toughest economy in 100 years, even when opposed by media outlets and political naysayers. This case can supply you tools to be successful. Speakers: John Fairbank, Partner, Fairbank, Maslin, Maullin & Associates, Santa Monica Catherine Lew, The Lew Edwards Group, Oakland Combating Homelessness Record foreclosures are only part of the increases in homelessness. Some cities are gaining success in combating this issue by running effective programs in partnership with faith -based organizations and area associations of governments. Speaker: Georgina Lehn, Executive Director, Lake County Community Action Agency, Clear Lake Reading People from the Outside In - Body Language Learn to use body language to build rapport within 90 seconds. Use gazing zones to make better connections with people. Recognize if someone is not speaking the truth. Speaker: Harry Perdew, Ph.D., The Perdew Group, Chino Hills Dinner on Your Own Mark Your Calendars! 6 T 2010 New Mayors and Council Members Academy January 20 - 22 Hyatt Regency, Sacramento t 279 Department Meeting Breakfast 8:00 - 9:00 a.m. 9: 00 - 10:15 a.m. Greater Than Yourself After decades of time and millions of dollars spent on leadership development and mentoring, why is there still a leadership crisis? The true measure of your greatness as a leader is to develop leaders who are greater than you. Steve was Vice President and the official mouthpiece of The Tom Peters Company, is a frequent guest on news -talk shows around the country, and is a senior -level leadership coach. His new best seller, Greater Than Yourself, shows you the ultimate way to boost talent, ramp productivity and create truly significant current and future leaders. Speaker: Steve Farber, President, Extreme Leadership, Poway 10:30 - 11:45 a.m. Constructive and Positive Culture Cities We know that high performance cities and a constructive city culture are well correlated. Study the steps by which to change direction, become stable, develop a high performance culture, have a continuously learning staff, and business -like council meetings. Speakers: Gina Garbolino, Mayor, Roseville Jack Lam, City Manager, Rancho Cucamonga Dr. Bill Mathis, Management Psychologist, The Mathis Group, Napa Striving for Sustainable Communities Define the key challenges facing water and energy suppliers; the nexus and interrelationship between water and electricity producers. Realize how water and energy efficiency planning and conserving water would provide sustainability of a dwindling resource, as well as, lowering greenhouse gas emissions. Examine how technologies employed by utilities have reduced water waste. Speakers: Dan Hentschke, General Counsel, San Diego County Water Authority, San Diego Pamela Malone, iTron, Shaker Heights, OH Darron Poulsen, Customer Service Officer, Cucamonga Valley Water District, Rancho Cucamonga AB 1234 Ethics Training 10:30 -12:30 p.m. Attendance is renuired for the entire 2 hours fPteasn schedule travel accordingly) State law requires elected and appointed officials to receive training in specified ethics laws and principles every two years. Take this opportunity to renew your ethics training. Speaker: JoAnne Speers, Executive Director, Institute for Local Government, Sacramento Adjourn -Executive Forum 11:45 a.m. 0£ Mark Your Calendars! ' MONTEREY I r, Mayors and Council Members Executive Forum and Leadership Workshops June 2 - 5 Monterey Conference Center • 280 Friday, May 29 - Saturday May 30 Advanced Leadership Workshops Friday, May 291:30-5:00 p.m. & Saturday, May 30, 8:00-11:30 a.m. (Separate Registration Fee Required- $295.00 Please Select Only One) Redevelopment: Building Better Communities(Friday)and Economic Development for Cities (Saturday) Redevelopment: Learn the fundamentals of redevelopment: what your agency can and cannot do, how redevelopment is financed and can be put to work to build better communities. This workshop is especially relevant and useful for council members who are relatively new to redevelopment and would like an understanding of their roles as redevelopment agency board members. Speaker: John Shirey, Executive Director, California Redevelopment Association, Sacramento Panelists: To Be Determined Economic Development for Cities: Analyze what your agency can and cannot do; how property tax increment works; and the overall economic impact of local investment decisions. Many of the major gains in employment opportunities, standards of living, and community vitality that Californians have enjoyed in the past century can largely be attributed to economic development. Tax base expansion, job development, and business retention are just a few of the favorable outcomes that have ensued from local economic development advocacy and education. What you can do in your city to improve the quality of life through economic development? Speaker: Wayne Schell, President & CEO, CALED, Sacramento Panelists: To Be Determined A Toolbox of Meeting Management and Group Process Skills for Local Elected Officials Grasp an array of knowledge, skills and strategies to effectively chair and participate in council meetings. Prepare to convene and facilitate public meetings, negotiate with others, and resolve group problems more collaboratively. Increasingly, these are skills required of local officials who are called on to wear many hats, address many issues, work with multiple groups and sectors, and represent their community in a variety of forums. This training is a unique opportunity to acquire, from experienced practitioners and trainers, a set of skills and strategies that will be useful across a spectrum of public, civic and internal city settings. Speakers: Terry Amsler, Director, Collaborative Governance Initiative, Institute for Local Government, Sacramento Lisa Blomgren Bingham, Keller- Runden Professor of Public Service, School of Public and Environmental Affairs, Indiana University, Bloomington, IN Carolyn Penny, Director, UC Davis Executive Program, Davis David Rosenberg, Judge, Superior Court, Yolo County, Woodland Greg Wolf, Director, Policy Consensus Initiative/National Policy Consensus Center, Portland State University, Portland, OR Lynne Ashbeck, Council Member Clovis City Finances -What You Need to Know As trustees of the city, elected officials and city managers have special and serious obligations to safeguard the fiscal assets of the public. The panel of experts will present an overarching financial picture of the role the California State budget plays on cities and communities. Gain insight into the latest legislation and court decisions that will affect the city's bottom line. Identify what's hot in city finance issues and develop the essential skills to keep your city budget strong in tough economic times. Determine best practices in financial reporting and identify important questions to ask when carrying forward the city budget. Dialogue about new auditing requirements facing cities. Get your questions answered from peers and panelists. Speakers: Mary Bradley, Finance Director, Sunnyvale Michael Coleman, Fiscal Policy Advisor, League of California Cities, CaliforniaCityFinance.com, Davis Ken Nordhoff, City Manager, San Rafael • 281 OF MOUE CITIES 1400 K Street, Suite 400 Sacramento, CA 95814 PRESORT FIRST CLASS US POSTAGE I7_1191 PERMIT NO. 1022 SACRAMENTO,CA 6a Wednesday, May 27 - Saturday, May 30 Paradise Point Hotel and Conference Center, San Diego 282 T-Vf 4 4 a" COUNCIL/RDA MEETING DATE: April 21, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of Contract with Furino/Greene Creative for Professional Marketing Services CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a contract with Furino/Greene Creative for professional marketing services, and authorize the City Manager to execute same. FISCAL IMPLICATIONS: None for this action. Funding for the referenced services shall be contained within the City's annual budget, and considered by the City Council during the upcoming special budget meeting to be scheduled in June 2009. Staff anticipates next year's budget for this program will not exceed $440,000, which is consistent with last year's expenditures. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council recently selected Furino/Greene Creative as the City of La Quinta's marketing firm via a request for proposals (RFP) process. Furino/Greene is currently on a short-term contract with the City to prepare a City Marketing Plan for Fiscal Year 2009-2010, and to assist staff's transition to a new fiscal year. A proposed three-year contract (with a 30-day termination clause) is provided as Attachment 1. The proposed term is July 1, 2009 to June 30, 2012, unless the City exercises its 30-day right of termination prior to the expiration. During the contract term, Furino/Greene shall work in the areas within its defined Scope of Work (which is outlined in Exhibit A of the contract). Furino/Greene shall perform tasks and duties in 283 the areas of: tourism, advertising, business support, resident/visitor communications, and public relations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract with Furino/Greene Creative for professional marketing services, and authorize the City Manager to execute same subject to minor modifications as approved by the City Manager and City Attorney; or 2. Do not approve a contract with Furino/Greene Creative for professional marketing services; or 3. Provide staff with alternative direction. TM'O�'3bmitted,� Llrt J Douglas-R. Evans Assistant City Manager —Development Services Approved for submittal by: r 4Yv ' 4-4clv� Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement with Furino/Greene Creative ATTACHMENT Last Revised 1-19-07 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 FURINO/GREENE CREATIVE ("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 Marketing, Advertising, Tourism, Public Relations, and Business Development, 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. In addition, Consultant warrants that due to the nature of its business, it is familiar with, and will fully comply with, all Federal and State laws regarding copyright, trademark, and intellectual property rights. 1.3 Licenses, Consent, and Approvals. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits, consent forms, 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. Consultant shall maintain a La Quinta business licenses during the term of 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 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 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). 285 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. 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 Conflict of Interest. Part of the services the Consultant will be expected to provide is aimed at creating marketing aimed at attracting visitors and business to the City rather than other cities or unincorporated areas of the Coachella Valley. For this reason, the City will view it as a conflict if Consultant provides marketing services for another city, travel/tourism board, or economic development entity in the Coachella Valley related to marketing, advertising, and/or public relations unless Consultant obtains the express written approval of City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B." In no event will the Contract Sum, including reimbursements, exceed the Annual Contract Sum established pursuant to Section 2.2. The method of compensation set forth in the Schedule of Compensation will include payment for time and materials based upon Consultant's rate schedule, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, overnight mail, messenger expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Establishment of Annual Contract Sum. For every year this. contract is in effect, Contract Sum will be determined in conjunction with City strategic planning and budget processes. Consultant shall submit a work program to be 286 considered by City Council, and a corresponding budget shall be submitted to City Manager for consideration and incorporation into City Preliminary Budget. Upon Council approval of City Budget, Consultant shall receive signed work program and a not -to -exceed budget for implementation of marketing programs during specified fiscal year. 2.3 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. In accordance with industry standards, Consultant proposes to invoice City for media purchases such as television, radio, and print upon Contractor's insertion order, i.e., at the time the insertion order is placed. This will allow City time to process payment and send to Consultant upon fulfillment of media commitment. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 3.4. 3.3 Force 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 0 Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall be for three years, commencing on July 1, 2009 and terminating on June 30, 2012, unless terminated earlier in accordance with Sections 7.7 or 7.8 of this Agreement. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 1. Stephanie Greene, Principal 2. Frank Furino, Principal a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of Development Services or such other person as may be designated by the City Manager. 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. When this Agreement calls for the written approval of the City, that approval must be in a document signed by 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 i i� may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City Council. 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 as follows: Personal Injury/Property Damage Coverage: Consultant shall carry Personal Injury/Property Damage insurance provide coverage of not less than $500,000 per individual; $1,000,000 per occurrence Consultant's employees shall carry automobile liability insurance in accordance with the minimum amounts required by law 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 i 4 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 be primary for losses arising out of Consultant's performance hereunder and neither City, nor their insurers shall be required to contribute to such loss. Proof of insurance for each of Consultant's employees providing services under this Agreement 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 w 290 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. The obligations of this paragraph shall not extend to claims, losses or liabilities caused by the negligent or willful misconduct of the Indemnified Parties. 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 the Indemnified Parties 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. The obligations of this paragraph shall not extend to claims, losses or liabilities caused by the negligent or willful misconduct of the Indemnified Parties. 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. 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: 291 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 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 292 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 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 293 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. 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 not 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. 294 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. 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. Quarterly Reports shall be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. For the first year of this Agreement, Quarterly Reports shall be due on or about the following dates: September 15, 2009; December 15, 2009; March 15, 2010; and June 15, 2010. The Quarterly Reports shall be submitted pursuant to that same schedule in the subsequent years of the Agreement unless otherwise directed by the Contract Officer in writing. 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 295 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. The originals and copies of Consultant's work product produced under this Agreement, including all drawings, sketches, photographs, video, advertising copy, advertising materials, marketing materials, 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. 6.4 Release of Documents. The documents described in Section 6.3 above 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 296 section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 297 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. 298 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: FURINO/GREENE CREATIVE Attention: Stephanie Greene Principal 74-333 Highway 111, Ste. 106 Palm Desert, CA 92260 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. 299 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CITY OF LA QUINTA Thomas P. Genovese, City Manager Date 300 ATTEST: Veronica J. Montecino, CIVIC, Secretary M. Katherine Jenson, City Counsel CONSULTANT: FURINO/GREENE CREATIVE M Name: Title: Date: 301 Last Revised 1-19-07 Exhibit A Scope of Services • Monthly Retainer. Monthly retainer shall include project management and implementation, including: basic account services, all meetings including City Council meetings, strategic planning, budgeting, media placement, research, production management, tracking of account services hours, and completion of quarterly reports. • Cooperative Advertising Program. Involves strategy as well as design and production of cooperative programs with La Quinta businesses, hotels, and key partners. Also includes production of advertising such as ads, radio, television, and media purchases. • Local Marketing Campaign. Entails creation of a local media plan and strategy for La Quinta businesses and key partners that has a shop/dine message and promotes events year round. Includes design of ads, production of radio/television, and media purchases. • Event Partnerships. Consultant shall evaluate proposals of key event organizers (e.g., Bob Hope Classic, La Quinta Arts Foundation) and advise on most effective cooperative strategies and how to leverage City sponsorship. Also involves exploring and promoting new events and/or enhancing current events. • Economic Development/Business Support. Local business support and development will be fulfilled through the marketing programs contained within this Scope of Services. This effort also involves public outreach event(s) and a marketing campaign to businesses and key partners on the opportunities the City Marketing Plan offers. • Public Relations Strategy. A three -tiered Public Relations Strategy will be created (local, regional, and national) to seek media coverage of La Quinta news, events, programs, and projects. This effort involves investigating and implementing public relations opportunities, preparing and issuing press releases, and proactive follow up with the press to secure coverage. • E-Marketing Campaign. Entails maintaining and updating the Tourism Website, shopping map and dining directory enhancements, creation of a strategy for utilizing Social Media (e.g., FaceBook, Flickr and Twitter), and continuation/expansion of paid search (pay -per -click) online advertising with hotels, businesses, and other key partners. • PublicNisitor Communication Pieces. Deliverables include: City calendars, City newsletters, advertorials, and other public/visitor communication pieces. • Tracking & Measurement Tools. Marketing strategies will be tracked to provide data on success based on results such as increased traffic to specific events, information from partners on increased revenue, and reports generated by chosen mediums. • Future Marketing Assignments. This contract shall cover all other work tasks that may arise upon the direction of the City Council and/or City staff related to general marketing services such as tourism, advertising, resident/visitor communications, business support, and public relations provided work tasks are within Annual Contract Sum for any given year. 302 Last Revised 1-19-07 Exhibit B Schedule of Compensation Years One and Two: Position Rate Schedule Principal $175 Senior Account Executive $150 Web Designer $110 Art Director $75 PR Practitioner $75 Junior AE/Media Buyer $75 Copywriter $75 Administrative Personnel $40 The Proposed Rate Schedule would remain in place for years one and two of the three year contract term. The hourly rates would then be adjusted per the April Consumer Price Index (CPI) for All Items for Los Angeles -Riverside -Orange County. The annual CPI adjustments for the two years that precede the third year hourly rate adjustment would be applied to the Proposed Rate Schedule. The new adjusted rates would remain in effect for year three. A sample table is provided below: Contract Year Fiscal Year Hourly Rate/Principal Example of April CPI 1 2009-2010 $175 - 1 % (not applied) 2 2010-2011 $175 2% (not applied) 3 2011-2012 $177 Adjust per Years 1 & 2 CPI Based on these hourly rates, a monthly retainer shall be negotiated every year this Contract is in effect in conjunction with the City's strategic planning process, Consultants annual work program, and City's annual budget process as outlined in Section 2.2 The first year of this Contract shall have a monthly retainer in place for a not -to -exceed amount of Four Thousand Five Hundred Dollars ($4,500.00). Retainer services are covered under the first item in Exhibit A, Scope of Services. Furino/Greene will charge a reduced media commission due to the City's status as a retainer client. Commissions will be 9% of gross media expenditures as opposed to the standard agency fee of 15%. Commissions are applied to print (newspaper/magazine), outdoor (billboards, etc.), broadcast (TV, cable, radio), web advertising, and all other media purchases. Furino/Greene will continue its policy to not charge for mileage, parking, Coachella Valley lodging, meals, telephone/fax expense, postage and incidental copies. Furino/Greene would charge for additional insured certificates and or requirements, messenger services, overnight mail, travel expenses for locations other than Southern California, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs would be charged at actual expense plus a 10% surcharge. 303 Tww 4 4aQumrw COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Consideration of the SilverRock Resort 2009/2010 Annual Plan RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The 2009/2010 Annual Business Plan (Attachment 1) as drafted for SilverRock Resort projects operating expenses of $3,606,598 and revenues of $3,254,563 for an operating deficit of $352,035. As a result of the Food and Beverage License Agreement between the City and Landmark Golf Management, LLC, the food and beverage revenue and expenses are not recognized in the 2009/2010 Annual Plan. Instead, food and beverage revenues and expenses, which are equal, will be accounted for through the Food and Beverage License Agreement. As a component of the Annual Plan, the operator is recommending Capital Purchase Expenditures of $25,375 and supplemental 2010 Bob Hope Chrysler Classic Tournament expenses (personnel, materials, and equipment) in the amount of $116,639. If these additional costs are approved, the operating deficit will be $494,049. Staff proposes an advance of $494,049 from General Fund reserves to the SilverRock Resort Golf Enterprise Fund to fund this operating deficit. In addition, staff is finalizing the Fiscal Year 2008/2009 revenue and expenditure projections and will be reporting on such at the June 16, 2009 City Council meeting. In addition to the expenses contained in the operators' annual plan and the supplemental expenses for the Bob Hope Chrysler Classic Tournament, the Fiscal Year 2009/2010 Preliminary Budget will include additional expenses in operating the golf course outside of the Landmark Golf contract. These additional expenses will include the $100,000 annual payment to the Bob Hope Chrysler Classic per the agreement and $30,250 for site preparations (Electrical, Fencing, and Road Improvements). The proposed Fiscal Year 2009/2010 budget for all operating costs at SilverRock Resort totals $4,126,838. 304 The golf course will be closed for a total of seven (7) days for the 2010 Bob Hope Chrysler Classic. The loss of seven days has been factored into the 2009/2010 Annual Plan for SilverRock Resort with an estimated loss of $150,000 in revenue and 1,500 rounds of golf. Any additional days of course closure for the Bob Hope Chrysler Classic would result in a further impact the revenue budget for the month of January 2010. CHARTER CITY IMPLICATIONS: Operation of the golf course is not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The City entered into a Golf Course Management Agreement with Landmark Golf Management, LLC (Operator) in April 2004. Section 3.2.1 of the Agreement provides that the Operator shall submit an Annual Plan to the City Manager, including a projected operating budget, for the upcoming fiscal year. The Annual Plan for Fiscal Year 2008/2009 was $4,099,379 for operating expenses with projected revenues of $3,756,926, thereby reflecting an operating deficit of $342,453. A $250,000 advance from the General Fund, per the Management Agreement, was provided to an Operating Bank Account on January 31, 2005. 2009/2010 ANNUAL PLAN Assumptions used in this plan include: 39,150 rounds of play for Fiscal Year 2009/2010; • No rate changes are recommended; • An average projected revenue of $76.13 per round; • A 2% capital reserve ($59,610) for future golf course improvements/renovations, per the Management Agreement (section 3.10.1); • Maintenance of the SilverRock entry landscape for $54,296 (unchanged since 2007/2008) funded from the Lighting and Landscape District; An additional $25,375 separate from the Annual Business Plan is being requested for new capital expenses as follows: 1. Replacement Computers = $1,800. The replacement of two computers for golf operations. 2. Replacement Seat Cushions = $1,800. The replacement of sixty cushions in the clubhouse dinning room. 305 3. Utility Trailer = $3,000. This double axle trailer will be used to transport equipment. The maintenance department is currently using a staff workers personal trailer. 4. Replacement Irrigation Heads = $6,599. Two hundred Rainbird irrigation heads will be purchased to replace the less efficient Hunter irrigation heads. 5. Irrigation Software Renewal = $12,176. This amount covers a three year renewal contract with Rainbird for the software that runs the irrigation computer. This contract includes a replacement computer and three radio controllers for staff to control the irrigation system in the field. BOB HOPE CHRYSLER CLASSIC TOURNAMENT The golf course operator recommends a proposed amount of $116,639 in supplemental expenses for the 2010 Bob Hope Chrysler Classic as follows: 1. Personnel Costs = $17,439. The additional personnel costs will cover the overtime expenses that will be required to prepare the course for the tournament as well as having the golf course being open to the public through the opening day of the event. 2. Supplies and Materials = $85,000. This amount will cover any unforeseen incidents, such as acts of nature, which may require bunker sand replacement, tree replacement, seed and sod for the turf, and plants for replacement or enhancement purposes. 3. Equipment = $14,200. This amount will cover equipment rental for pumps, generators, and any other equipment they may be necessary for the event. FRONT ENTRY LANDSCAPING The operator has proposed $54,296 in supplemental expenses for the front entry area that encompasses the entrance at SilverRock Way and Avenue 52. This amount remains unchanged from last year. MARKETING The Marketing Narrative is on pages 25 and 26 of the proposed 2009/2010 Annual Plan with the Marketing Budget listed on page 20. Direct advertising and creating awareness for SilverRock Resort is budgeted for $185,984. The Arnold Palmer Classic Course is being promoted as a premier golf destination in the Coachella Valley through newspapers, magazines, directories, the internet, television, and radio. 306 EXPENSE REDUCTIONS Due to current economic conditions, Landmark has implemented many expense reductions as described on page 1 of the proposed 2009/2010 SilverRock Annual Plan. These reductions are approximately $282,000 and are factored into the proposed Annual Plan. Landmark has prepared additional considerations for expense reduction that are listed on pages 2 thru 4 but are not included in the 2009/2010 proposed Annual Plan. These reductions include limiting the over -seeding (est. $30,000 to $40,000 annually), reducing the Food & Beverage operations to only cold sandwiches, snacks, and drinks in the months of July and August (est. $10,000 annually), and eliminating one roving patrol personnel ($49,200 annually). Staff is seeking direction from City Council if any or all of these considerations for additional reductions should be implemented. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Annual Plan as submitted by Landmark Golf Management, LLC which projects operating expenses of $3,606,598 and revenues of $3,254,563 for an operating deficit of $352,035 plus an additional $25,375 for Capital Expenses and $116,639 for the Bob Hope Chrysler Classic Tournament expenses for a net loss of $494,049; or 2. Do not approve the Annual Plan as submitted by Landmark Golf Management, LLC which projects operating expenses of $3,606,598 and revenues of $3,254,563 for an operating deficit of $352,035 plus an additional $25,375 for Capital Expenses and $1 16,639 for the Bob Hope Chrysler Classic Tournament expenses for a net. loss of $494,049; or 3. Approve the Annual Plan with modifications. Respe tfully submitted, Edie Hton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2009/2010 Annual Business Plan 307 ATTACHMENT 1 SilverRock Resort -Arnold Palmer Classic Course 2009-2010 ANNUAL PLAN Prepared For: City of La Quinta SilverRock Resort Prepared BY: Landmark Golf Management Submitted: March 26, 2009 SILVERROCK RESORT Annual Plan Fiscal Year 2009-2010 Table of Contents Part I -Project Overview Project Fact Sheet Economy Overview & Expense Reductions 1-4 Mission Statement 5 Philosophy Statement 6 Organizational Chart 7 Key Employee Staffing and Salaries 8 Part II -Assumptions 2009-2010 Assumptions 9,10 Part III -Operational Financial Projections 2009-2010 Consolidated Income Statement by Month 11 Part IV -Department Detail Capital Expenditures 12 Golf Rounds and Revenue 13 Carts, Bagroom & Range 14 Golf Shop Merchandise 15 Course Services 16 Golf Course Maintenance 17,18 General & Administrative 19 Marketing 20 Clubhouse 21 Miscellaneous 22 Part V-Food and Beverage Department Detail 23,24 Part VI -Other Marketing Narrative Plan 25,26 2009-2010 Golf Rates 27 Bob Hope Assumptions 28 Bob Hope Supplemental Budget 29 Front Entry Maintenance Budget 30 309 Sn_vFrtRoCK PROJECT FACT SHEET COURSE NAME SilverRock Resort -Arnold Palmer Classic Course ADDRESS 79-179 Ahmanson Lane, La Quinta, Ca. 92253 TELEPHONE 1-888-600-7272 WEBSITE W W W.SI LVERROCK.ORG MANAGEMENT Randy Duncan, Director of Golf / General Manager Willie Lopez, Golf Course Superintendent COURSE YARDAGE SILVER 7,558 PAR 72 BLUE 7,101 PAR 72 WHITE 6,639 PAR 72 YELLOW 5,974 PAR 72 GREEN 5,306 PAR 72 RED 4,884 PAR 72 GRASS TYPES GREENS: TIF DWARF FAIRWAY / TEES: TIF SPORT ROUGHS: TIF SPORT OWNER CITY OF LA QUINTA MANAGED BY LANDMARK GOLF MANAGEMENT, LLC 74-947 HIGHWAY 111, SUITE 200 INDIAN WELLS, CA 92210 PHONE: (760) 776-6688 DATE OPENED February 14, 2005 3A ECONOMY OVERVIEW & EXPENSE REDUCTIONS 20o9-2oio Annual Plan Currently, the national and local economies are experiencing recessionary - like conditions. Unemployment rates are double digits, the housing market has collapsed, the credit market stalled and consumer confidence is at a historical low. In the Coachella Valley, golf revenue and hotel occupancy are down by 12%-25% and consumers are seeking discounts wherever they go. Although SilverRock is not immune to these conditions, SilverRock is doing better than the competition; with a 12% reduction in revenue compared to prior year figures. The fate of the economy is uncertain during the next 12 months, therefore, for the 2009-2010 Annual Plan; all efforts are being made to create a budget that presents a plan to compensate for a reduction in revenues by reducing expenses 10% or $300,000. Stated immediately below are explanations of areas of expense reductions presented herein f6r the year 2009-2010. EXPENSE REDUCTIONS Labor -Each department has been thoroughly analyzed and reduced to the lowest staffing level. All efforts are being made to continue providing first class service and quality playing conditions. Further staffing reductions will result in quality and service deficiencies. The following is a summary of expenses that have been reduced and projected in this 2009-2010 Annual Plan. No Raises -Employee raises are not projected for the year 2009-2010 for any department which equates to a $42,000 annual expense reduction. Reduce Course Services -Eliminate golf course rangers, May - September 2009-2010. Golf shop personnel will monitor pace of play through the GPS system. This equates to a $6,400 seasonal expense reduction. 311 Reduce Golf Course Maintenance -Reduce the staff by two (2) full- time employees. Greens in the summer months will be mowed with a tri-plex machine rather than walk mowed. This will save labor during the summer; anticipated expense reduction of $58,884 annually in the golf course maintenance department. Insurance- Health, Workman's Comp and General Liability Insurance have been reduced collectively by as much as $60,000-$70,000 in the 2009-2010 Annual Plan. Workman's Comp Insurance is subject to change depending upon claims that may or may not occur before the end of the contracted term (September). Golf Course Maintenance Lease -The lease for golf course maintenance equipment will begin expiring in the coming fall (2009). It is projected through a lease renewal process; an annual expense reduction of $60,000 is budgeted. The current monthly lease payment of $20,000 should be reduced to approximately $15,000 per month; a $5,000 per month expense reduction. This projected savings is a result of several maintenance equipment items currently being purchased (as anticipated almost five (5) years ago) for $1 rather than entering new leases for these certain pieces of equipment. Marketing -The desert rotating billboard will be eliminated as a marketing expense. This amounts to a $47,400 annual expense reduction. Food & Beverage -Changing to paper napkins rather than linen napkins for day to day use. The linen napkins will be used for special events. This change will reduce expenses $3,000 annually. Outside Services -Bottle water placed on the golf carts will be purchased through Costco at a reduced rate. This will amount to $4,100 annual expense reduction. ADDITIONAL EXPENSE REDUCTIONS DISCUSSION Listed below are discussions in regard to additional expense reductions that are not provided for in the 2009-2010 Annual Plan. The additional reductions are not necessarily recommended by Landmark, but are presented with options and ramifications of each possible reduction. These options could further reduce expenses, but could have significant implications on 2 312 service and quality levels which most likely will have a detrimental affect on the reputation and future of SilverRock. Golf Course Maintenance Limited Overseeding-Limited overseeding involves overseeding only the integral parts of the golf course; tee boxes, fairways, approaches, greens and collars. The rest of the golf course would not be overseeded and during the season, these non -seeded areas would turn brown. This is a common seeding practice for some courses here in the Coachella Valley and Arizona. SilverRock has approximately 110 total turf acres; this option/proposal would entail 20 acres that would not be overseeded. This includes eight (8) acres at the driving range where only target greens and the practice hitting area would be overseeded, the rest would not. Pros: Reduces the annual overseeding expense approximately $30, 00- $40,000 in seed, fertilizer and labor costs. This is an acceptable practice and approved by the PGA Tour. By not overseeding most of the rough areas, transition would be faster and easier. Some golfers prefer this look, due the contrast in fairways to roughs. This concept has been approved by Thomas V Brown, III with the PGA Tour. Cons: The entire golf course would not be green. There would be a mixture ofgreen and brown areas. Two (2) applications of an herbicide ($5,000 per application) would be required during the season to provide the desired look in the non-overseeded areas. Food & Beverage Reduce Food & Beverage Operation -During the summer months from June -September, the SilverRock Grill normally reduces the menu by only serving breakfast on Friday -Sunday and offering a limited lunch menu. This option will further reduce the menu to only cold sandwiches, snacks and drinks from July -August. There would not be hot food available and would be similar to a snack bar operation as opposed to the current full service restaurant for the months of July -August. Pros: -Reduce expenses by $10,000. This would allow valuable full time employees to not be laid off during the summer. Cons: It would require three (3) part time valuable employees to be laid off. We could potentially lose these valuable employees who 3 313 have been loyal for 2 to 3 years. A limited menu without hot food may be viewed as a negative to some Residents and golfers. Clubhouse and Security Reduce Roving Patrol/Security- Currently, SilverRock has two (2) roving patrol officers per day/night that patrol the entire SilverRock property from dusk to dawn, seven days a week, 365 days per year. This amounts to a $98,400 annual expense that is included in the SilverRock Golf Operations budget. Eliminate one (1) roving patrol personnel. This second shift would be eliminated and the remaining roving patrol officer's hours would be readjusted. This equates to a $49,200 annual expense reduction to the Golf Operations budget. Pros: Expense reduction of $49,200 to the Golf Operations budget Cons: Would not have full security coverage since the second roving patrol officer would not be present. SilverRock hours of operations are primarily from 5:30 a.m. to 7: 00 p.m. daily (depending upon the time of year). This leaves 10-12 hours where SilverRock employees are not present. One (1) roving patrol officer can only cover 8 hours per night/shift. 314 4 SILVERROCK RESORT Annual Plan Fiscal Year 2009-2010 Mission Statement "TO BE THE BEST" "TO HAVE THE BEST GOLF FACILITIES" "TO HAVE THE BEST GOLF COURSE CONDITIONS" "TO PROVIDE THE BEST SERVICE" SilverRock Resort is dedicated to providing the finest public golf experience. All Staff Members of the facility play an important role in our Mission. Staff is supported through training and resources to ensure success. SilverRock Resort aspires to represent ownership and management with the highest standard of service in the Golf/Resort Industry and produce superior golf course conditions to meet and exceed the goals. Goals and Objectives: To support our Mission Statement and to achieve the projected Annual Plan; SilverRock Resort will pursue the following goals and objectives: • To hire and train staff members that will provide a high standard of guest services and maintain the highest level of course conditions • To maintain and pursue an aggressive Marketing Plan that benefits/acknowledges the La Quinta Residents, local residents, avid tourist golfers and golfing public • To present a facility and golf course conditions that qualifies to host the Bob Hope Classic with a continuing strong commitment to be in the rotation of golf clubs • To have each Department operate within their annual budget allowing SilverRock Resort to reach the net operating goals 315 SILVERROCK RESORT Annual Plan Fiscal Year 2009-2010 PHILOSOPHY STATEMENT After four (4) and a half years of operations, an Annual Plan accommodated the operational start-up through and including grow -in, final construction of the Arnold Palmer Classic Course, a notable Grand Opening Celebration and SilverRock's second successful year in the Bob Hope Chrysler Classic. As the 2009-2010 Annual Plan is implemented, focus will continue to be on broadening the awareness, marketability and noteworthiness of SilverRock Resort's Arnold Palmer Classic Course, golf facilities and amenities. Also a strong emphasis will continue to be placed on SilverRock's participation in future Bob Hope Chrysler Classic Tournaments which SilverRock is contracted to be part of for the next eight (8) years. The philosophy that Landmark Golf Management perpetuates at SilverRock Resort is: an operation that allows management to utilize golf industry best - practices in accommodating market -driven demands as market shifts may occur. Each golf course facility has its own personality and characteristics; therefore, each golf operation is unique to some degree and should be managed with personality and characteristics taken into consideration. Golf operators that adjust procedures to short and long term market and industry fluctuations are better suited to maximize opportunities. In this upcoming fifth complete twelve (12) months of operations, Landmark Golf Management will put forth every effort to better position SilverRock Resort as a place to frequent in the eyes and minds of the influential decision makers in the world of golf. BRAND PROMISE Discover the mystique of SilverRock Resort, the crown jewel of La Quinta and its golf legacy. Rich in both history and legend, the majestic Santa Rosa Mountains frame an unwavering commitment to an exceptional experience at SilverRock Resort. Our Promise: Exceptional in All, For All, Always. 316 SilverRock Resort 2009-2010 Annual Plan C4 H .11.r.. ll..� Key Employee Staffing and Salaries n K60m. L6nEm rk Gag M6n60.m6n1 2009-2010 ANNUAL PLAN SEP. OCT. NOV. DEG. JAN. FEB. MAR. APR. MAY JUN. DEPARTMENT SUMMARY JUL. AUG. GOO F OPERATION OUTSIDE SERVICES OUTSIDE SERVICES MANAGER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 1 1 1 I 1 1 2 2 2 2 1 I DRIVING RANGE(PART-TIME) 1 1 1 1 1 1 0 0 1 1 0 K CARTMAGNALET/BAG DROP (FULL-TIME) 0 A 0 A A 0 2 2 2 2 2 1 1 CARTIBAGNALETIBAG DROP (PART-TIME) 0 0 0 2 2 2 2 SHUTTLE DRIVER (PART-TIME) D 0 0 0 2 2 PRO SHOP 1 1 1 1 1 1 HEAD GOLF PROFESSIONAL - I 1 1 1 1 1 1 1 1 I I I 1 1ST ASSISTANT PROFESSIONAL 1 1 1 1 1 1 1 1 I I 1 MERCHANDISER I 1 1 1 1 1 2 2 2 2 2 2 2 ASSISTANT PROFESSIONAL 2 2 2 2 2 2 2 3 2 2 2 SALES CLERKS (FULL TIME) 1 1 1 2 2 2 1 1 1 1 0 SALES CLERKS (PART TIME) 0 0 1 t 1 1 1 6 6 6 0 r 6 6 T 6 6 6 6 COURSE SERVICES 3 3 3 ] 2 3 ] J ] 3 J ] STARTERS (PART TIME) 0 2 3 < A L ] 0 0 RANGERJMARSHALS(PARTTIME) 0 0 0 8 T T T 6 3 3 ] 3 ] ] 6 GOLF1 1 1 1 1 1 1 1 1 1 1 SUPERINTENDENT 1 1 1 1 1 1 1 1 1 ASSTSUPERINTENDENT 1 1 1 1 1 1 1 1 1 1 FOREMANSPRAY TECHNICIAN 1 1 1 1 1 1 1 1 1 1 1 1 HEAD MECHANIC I FACWTY MANAGER 1 1 1 1 1 1 1 1 1 1 1 ASST MECHANIC 1 1 1 1 1 1 1 1 1 1 1 1 1 HEAD IRRIGATOR 1 1 1 1 1 1 1 1 1 1 1 1 ASSTIRRIGATOR 1 1 1 1 1 1 iT tT 17 17 tT 17 17 GREENSMEN tT tT 17 tT 17 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT 1 1 1 1 1 1 25 23 25 25 25 25 TOTAL TURF A ADMIN STAFF 25 25 25 25 S 25 LANDSCAPE MAINTENANCE 1 1 1 1 1 1 1 FOREMAN 1 1 1 1 1 1 1 1 1 1 1 1 1 IRRIGATOR 1 1 1 1 5 5 5 5 S S 5 5 LANDSCAPERS 5 5 5 5 T T T T T T T TOTAL LANDSCAPE CREW r T r r T 32 32 32 32 TOTAL COURSE MAINTENANCE STAFF 32 32 32 32 32 32 32 32 FOOD 6 BEVERAGE 1 1 1 1 1 F 50 MANAGER I SUPERVISOR I 1 1 1 1 1 1 1 I 1 I 1 CHEF 1 1 1 1 1 1 I 1 1 1 1 1 1 COOK I 1 1 1 1 1 1 PREP COOK 1 1 1 1 1 1 1 1 1 I I LEAD SERVER (FULL-TIME) I I I 1 1 1 1 1 ( 1 1 F SB WNTMEVERAGE CARTMALF(FULL TIME) 1 1 1 1 1 1 1 3 3 3 3 2 F 6 B WAITMEVERAGE CARTMALF(PART TIME) 2 2 2 3 3 ] 3 1 1 1 1 1 BUSER I DISHWASHER (PART TIME) 1 1 1 1 1 1 1 10 10 10 9 9 9 9 10 10 10 10 1D 1 I 1 1 1 1 1 1 DIRECTOR OF GOLFIGM 1 1 1 1 1 1 1 1 1 I CLUB CONTROLLER 1 1 1 1 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT 1 1 1 1 1 3 I 3 3 ] 3 3 3 3 D 3 3 MARNETWG?OURNAMENT 1 1 1 1 TOURNAMENT SALES I GROUP COORDINATOR 1 I 1 1 1 1 1 1 TOTAL EMPLOYEES 61 61 fit 88 89 T1 T3 T] 73 72 65 63 SILVERROCK RESORT ANNUALPLAN 2009-2010 Assumptions Revenue Green Fees: A green fee includes golf cart and warm-up range balls. A combination of the various green fee rates and green fees mix of Regular, Twilight, and Resident play is anticipated to yield an average rate of $76.13 per round on an annualized basis. The Green fee rates for 2009- 2010 are projected to remain consistent with the prior year's rates due to economic and competitive concerns. It is assumed in this Annual Plan that Resident's Guests will continue to be offered a discount as accompanied guests of La Quinta Resident card holders. The Resident Guest rate represents a 20% discount on the prevailing posted rates and follows similar booking procedures as extended to a La Quinta Resident card holder; booking three (3) days in advance. It is assumed that the golf course will be closed to public play during the Bob Hope Chrysler Classic from January 17-23, 2010. It is also assumed the overseeding dates will be October 5 through November 3, 2009; over seeding reduces revenues, which is taken into consideration in these projections, due to the course being closed during these dates. It is also projected that aerifrcation will occur in August of 2009 and June of 2010 which reduces revenue for 3-5 days with each of these two (2) aerification cycles. Greens Fee Mix: Through proper marketing, yield management, and limited advanced Resident bookings the projected mix of green fees is: 30% Resident, 25% Public, 10% Public Twilight, & 35% Other (tournaments, wholesalers, juniors, resident guests, replays and discounts). Miscellaneous and Other Revenue: Based on $2.79 per round. This consists of golf club rentals, golf club repairs, handicap fees, driving range fees, rider fees, 15 % of golf lessons and Independent Contractor's Fees. Golf Shop Merchandise: Based on retail sales of $8.32 per round Cost of Goods Sold Merchandise 53 % Food & Beverage 33 % Expenses Golf Carts, Bag Room, and Driving Range: Includes outside service, valet, bag room, and driving range staff plus supplies and operating expense for this department. Golf Shop Merchandise: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. 319 SILVERROCK RESORT ANNUALPLAN Course Services: Includes course service staff consisting of course rangers/starters and related department supplies and materials. Golf Course Maintenance: Includes grounds maintenance staff, supplies, and materials. Over seeding dates are projected to be October 5 through November 3, 2009, which results in projected higher labor cost and supply costs during the annual overseeding process. Bob Hope Chrysler Classic: It is assumed that SilverRock Resort will host the 2010 Bob Hope Chrysler Classic. An Assumption sheet and a Supplemental Budget (not part of the Operations Budget, attached hereto as pages 28 & 29) provide the extra maintenance expenses required to prepare the facility. Front Entry Maintenance: A Supplemental Budget (not part of the Operations Budget, attached hereto as page 30) provides the maintenance schedule and expenses for the front entry area that encompasses the entrance at SilverRock Way south of Ave. 52. Water & Electrical: This includes water and electrical cost to irrigate the golf course and properly maintain the lake system. This is accounted for in the Golf Maintenance budget. Food & Beverage: Includes food & beverage staff and expenses for the temporary clubhouse. There is a separate Agreement for the Food & Beverage Department including the Liquor License arrangement between the City and Landmark Golf Management. Marketing: Includes marketing, public relations, advertising, web page, collateral and tournament sales, etc. Clubhouse: Includes clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot and entry drive clean up. Roving patrol expenses used to secure the entire property of SilverRock is included in the Operations Budget. Management Fee: The monthly Management Fee of $7,500 per the Golf Course Management Agreement is budgeted for the 2009-2010 fiscal year. Insurance: Per requirements of the Golf Course Management Agreement in the Annual Plan is the cost for comprehensive golf club insurance policy, general liability, property, equipment and business interruption etc. Personal Property Lease Tax: Exempt, except personal property taxes on equipment purchases or leases which are included in this Annual Plan. Golf Carts and Maintenance Equipment Leases: Golf carts and maintenance equipment are being leased for the Golf Club. 10 •- 320 2C093010 ANNUAL PLAN Sil-Rock Rootl W CONSOLIDATED INCOME STATEMENT•^^•^ •' "• FOR FISCAL WAR. JULY 2009 -JUNE 3010 nvumn+.vu.�. DEPARTMENT 300]3W6 AduaL 2V0&2009 Actual l Dutl9et JUL AUG SEl OCT NOV DEC JAN FEB MPR APR MAY JUN. ROUNDS ROUNDS 40,516 38,551 309A0 2,150 1,800 3,100 500 4,000 3,450 2,500 4,700 5600 5200, 4,000 2,150 TOTAL ROUNDS 40,S16 35,851 2.160 1,500 3,100 500 4,000 3,450 2,500 4,700 51600 5,209 A,000 2,150 REVENUE GREEN FEES 3,285,296 2,928,579 2,99P1?p3 06376 72,315 143,143 29,881 324.750 257,672 221 094 450,025 536,200 440,310 271,650 147,087 MISC. REVIRANGEICARTSIRENTALS 439,353 ",ON 7,461 3,970 6,115 5,325 12,100 11.693 8.625 15320 17$60 11000 8,800 3,540 GOLF SHOP MERCHANDISE 30.372 319,558 10,750 81100 21,700 3,000 30,ON 24,150 35,000 47,OOD 56000 46.800 28,000 15.050 FOOD 6 BEVERAGE CONCESSIONS 12,00 12,000 500 500 500 1,500 1,500 1,500 1,500 1,500 1,500 500 500 500 TOTAL REVENUE 3.797.021 3,359,137 105,087 84.985 171,458 39,709 369.350 295,014 206,219 513,7A5 611,290 498,690 306,750 166,184 COST OF SALES PRO SHOP 199,253 180000 1 5.706 4,299 11,517 1,592 15,923 12,81E 19,576 24,945 29,722 24,839 14861 7,988 TOTAL COST OF SALES 199,253 180,000 ..7T 1AA S,706 4,299 110517 1,592 15,923 12,818 ta,5T6 24,94S 29,722 24.539 l4,9fi1 7,988 GROSS PROFIT 0,S97,768 3,179,137 3 99382 80,586 159,940 38,114 352.428 2S2,197 247,643 AS8,SO0 581,53E 473,851 291,899 158.197 OPERATING EXPENSES GOLF CARTS%BAGSWANGE 231,653 221,150 W.09 15,557 18,609 12,971 25,263 24,991 20,317 22.410 20,616 20,798 19,623 16,638 15,338 GOLF SHOP MERCHANDISE 273.173 245,800 241Ea,�493 18,811 18.211 20,270 11503 21.776 21,676 23,191 21,726 21726 20,792 23.683 19,959 COURSE SERVICES 90,215 $3,268 Au- 2.765 2,765 2957 1697 3,918 5,74D 6651 6600 6,600 0597 2,790 2,790 GOLF COURSE MAINTENANCE 1,751,017 1,650,327 ,9A9u770 122873 127,623 141,606 268632 125,376 123,358 117,738 117008 114,470 117,670 114.730 118.288 WATER S ELECTRIC COST 97,026 93,500 04,071 6814 6,659 0,034 8,254 8,349 B,349 8,504 8,427 8,504 6,504 6659 6.814 GENERAL A ADMINISTRATIVE 303,866 314,950 31A300 25.412 25,662 26,262 28,187 26,187 26p%2 28,812 26,312 26,112 26,112 26,862 26,012 MARKETING 252,631 290,984 ffifi,7A9 6,007 9,097 20,777 22.282 29,772 26.972 35.02 32322 26,072 23,122 13.572 11322 CLUBHOUSE 154,264 166100 168,106 13,842 13842 13842 14442 13042 13842 15,242 13842 13042 13842 13842 13,842 MANAGEMENT FEEQ"m ,ea r.eew..t 85.000 102,500 9 99A 2S987 22,394 10,794 15661 (1,524) 110445 (383) (2,340) (10,090) (6601) 5359 19,299 CAPITAL RESERVES 70,136 68,75O AtO 1,728 1,446 2.863 598 6e95 5,153 4.422 9,001 10,724 8,8M 5.433 2,942 INSURANCE 40,000 45,000 A'tj00@ 3,500 3,500 3,500 3,500 3,500 3,Soo 3,500 3,500 3,500 3,500 3,500 3,500 PERSONAL PROPERTY LEASE TAXES 18,250 20,000 20.d29 20,000 0 0 0 0 0 0 0 0 0 0 0 LEASES Carl B Maint. 484.235 489.500 a 37453 37,453 37,453 3],453 3],453 37,453 34,581 34,581 31,581 34,681 34,581 34.581 TOTAL OPERATING EXPENSES 3881,568 3,778,929 06A 300,749 201,182 301,329 435,632 300,135 3"367 300,109 291,594 276,839 252,348 267,649 274,666 NET INCOME 253,708) S9Q793 (201,367 (200,576 (141.309 (397.518 52,292 (22,1 ]0 (52,488 197,205 301,699 201.503 24,240 (118,490 NET INCOME% -7A% .17.9% 0 -191.6% -236.3% -82.5% -1001.1% 44.2% -7.5% -19.7% 38.A% 19.8% 40.4% 7.9% -70.1% Average Graen Fee f81.09 373.3E A7R1S $40.18 E4018 U618 $5976 $8119 $7469 $8844 E9575 $9575 EBd fiB E6T 91 $6841 Avenge f Misc. Income Per RE f3AS $2.55 $1" $347 $2,21 $197 $1D 65 $303 E339 $345 $324 $3.14 f21J E165 $185 Avenge f Merchandise per Rd Total Avenge RevenOe per Round 58,89 $9112 $8.23 $86.15 9E32 wlu $500 $A6.68 $450 $47.16 $700 $5531 $600 A9A1 $750 $92.09 $7.00 S85.S1 $14 OD $106.49 $1000 $10931 $10.00 3109.15 E9.00 395.90 f]00 S1fi.fi8 $7.00 S]L30 2009-2010 ANNUAL PLAN SilwrR..kR..A SUNDATS: 36-MarL9 0102 PM Prolecbons -July 2009 to June 2010 Capital Expendrtures PREPARED By: Landmark Golf Managrmurt CAPITAL EXPENDRURES TOTAL JUL AUG. SEP. DOT. NOV. DEC. JAN. FEB. MAR. AP0. MAy JUN. GOLF OPERATIONS 3 GO.PYa. $ 1,800 $ 1,800 TOTAL GOLF OPERATIONS $ 1,800 $ 1,800 $ - $ - $ - $ - $ CLUBHOUSE 60 Seat Cushions ($30 EACH) $ 1,800 $ 1,800 TOTAL CLUBHOUSE OPERATIONS $---1,800 $ 1,800__$_ S _.7 !._..___E__..:... GOLF COURSE MAINTENANCE 1 Double Axe ublity Truk, $ 3,000 $ 3,000 mo RalnNre Romra. Hplece dw Hodder brlaatbn Heae• $ 6,599 $ 6,699 1 Computer&3FrMa RWimfor RalnnnElrr,ga onx MGSPwl3yearrmewal $ 12,176 $ 12,176 $ $ $_ '_ $ $- TOTAL GOLF COURSE MAINTENANCE _$ 21,776 $ 21,775 $ _-_ $ ---_-- $ _ $ __ _' _ __ __ _...$ __ TOTAL CAPITAL EXPENDITURES— $ 25,375 $ 25,376 $ - $ - $ $ $ - $ $ $ $ $ $ - EXPLANATIONS GOLF OPERATIONS Two 12) compute. will be needed to roPlaca a8rn9 egmP bbook CLUBHOUSE OPERATIONS Replace seal mahigne for I.h.u.--burs GOLF COURSE MAINTENANCE Double Rile Deny Trader la handed! to bwwoorn noulPmmt Ralothd Robot u, relexe Me Hunts In,gmon Hens. The tracing Hunter Hens we not durable and haw eamM coe0y nownNnanu Issues. ComW W 6 3 FreMom Redlasfw Rain Blyd It lgatm wlth GSP al yearrmewW. The current GSP contract extern ads winter. W N N 12 2009-2010 ANNUAL PLAN SllverRack Resort RUN DATE: 26 tlar49 08:41 AN Projectoons-Jul M09 to June 2010 PREPAREDBY: Landmark Golfblenagemmt Golf Reall Total JUL. AUG. SEP. MT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. Resident suits (Weekday) 5.285 290 243 419 68 540 4bb 33B 635 756 702 540 390 Resident Rnds(Werkend) S460 355 297 512 83 660 50 413 76 924 858 660 355 Sub -Total Resident Rnds 77,745 645 540 930 1S0 12M lat5 750 1410 1680 15W 12M 645 um of I n,d Public Rnds (Wekday) 030 4,904 242 203 349 56 450 388 281 529 00 585 450 242 Public Rads(Wekend) 5.383 2% 248 426 69 550 474 344 646 70 715 550 2% Sub -total Public Birds 9,788 538 450 75 125 1" 863 625 1175 1" 1300 1000 BOB 1'ofiatnl UT 1,7h2 97 81 IQ 23 180 155 113 212 252 24 ISO 97 Pubkc Tic,(Weekday) 118 99 171 28 22O 1% 138 259 SUB 286 2W 118 Pubkc Twi(Weekend) 2,153 310 50 400 US no 470 560 520 400 215 Sub -Total Tedg)d Birds 3,915 215 160 ae of rood 010 6,166 339 284 488 79 630 543 3W 740 881 819 630 339 Other (Weekday) 7,536 414 347 597 96 70 664 481 905 1078 1001 70 414 Other (Weekend) 2B0 242 175 329 392 364 280 151 Toonan,rds 2.741 151 151 126 126 212 217 35 35 280 242 175 329 392 364 no 151 IM�olesales 2,741 75 63 109 18 IQ 121 88 165 1% 182 IQ 75 Resident Gueat 1,370 109 18 140 121 88 165 1% 182 140 75 Stand By Golf 1,370 75 188 63 158 221 44 350 302 219 411 4% 455 350 188 D¢mm�is 3.426 38 32 54 9 70 60 44 82 98 91 70 38 PGA hour 685 685 38 32 54 9 70 60 44 82 98 91 70 3B Replay 685 38 32 54 9 70 60 44 82 98 91 70 38 Su1.Tota1 Other 13,703 753 630 INS 175 1" 12M 875 1645 1950 1820 14M 753 o ftatal Total Rounds 035, 39,150 21% 1" 3100 BOB 4000 3450 2500 4700 5600 5" 4" 2150 Green Fees $ 30M $ 30M $ 30W $ 3000 $ 45W 8 4500 $ 55W 8 55M S 5500 S 5500 E 9500 $ 4500 Resident Rads(WeekdaY) 30M $ Not) $ 30W $ 30W $ 45W $ 45M $ 5500 S 55W $ 55W $ 5500 $ 950o $ 450O Resident Rnds(Wekered S 45W $ 55M $ 85M $ 115 OO $ 10000 $ 175W $ 15000 $ 15000 $ 13500 $ 90 OD $ ad 00 Public Suds(Wekday) $ 45W $ $ 5500 $ 65M $ 10500 $ 1200o 8 105W $ 13000 $ ISOM $ 1WOO S 13500 $ 95M $ 9500 Public Bids(Wekend) $ 55M 400O $ 40M $ 400D $ 6000 $ 8500 $ 75M $ 850D $ 85M S 85M $ B000 $ 60M $ 65M Public Twl(Wekdav) $ S 50 AD $ 50M $ 70W $ 85 do S 750O $ 850D S 85W $ 8500 $ so 00 $ 70 D0 $ 75W Public Tic. (Weekend) S $ 50M 4000 $ 40M $ 5000 $ 55W $ 85W $ sow $ 90 do $ 95W 8 95 D0 $ 70W $ 6500 $ 65 Do Othef(Weekdae) 40W $ 4000 $ SO 00 $ 60M $ 8500 $ BOW $ SO do $ 9500 $ 93M $ 80M $ 75W $ 75M Oir,(Weekend) $ Golf Revenue $ 8,7W $ 7,290 $ 12,555 8 2025 8 29,300 S 20,959 $ 18,563 $ ?4,898 8 41,580 8 38,610 8 29,300 8 13,061 Resident Rod$(Weekday) 246848 $ 8,910 $ ISIA5 $ 2,475 $ 29,700 $ 25,616 $ 22,688 $ e653 $ 50,820 $ 47,190 $ 29,700 $ 15,964 Resident Rads(Wekend) WI,703 S 10,643 $ 4,781 $ 51,750 $ 38,813 $ 35,1% $ 79,313 $ 94,500 $ ]8,9]5 $ 40,500 $ 21,769 Public Rads(Wekday) 484,734 $ 10,884 S 9,113 $ 19,181 $ 7,219 S 66,000 $ 49,809 $ wblo S 96938 $ 113,500 S 96,525 $ 52.250 $ 28,084 Public Rands (Weekend) 614,591 $ 16,259 $ 13,613 $ 2],]06 1,350 $ ISMO $ 1116,14 S 9,5b.3 $ 1],9]8 $ 21,420 $ 18,720 $ 10180D $ 6,289 Public Twi(Weekday) 125,753 8 3R90 $ 3,240 $ 5,580 $ 8,525 $ Lan $ 18,700 S 14,231 $ 11,688 $ 21,97`3 $ 26,180 $ 2;880 $ 151100 $ 8,80 Public Tic, (Weekend) 161.233 $ 5,913 $ 4,950 $ $ 24,413 $ 4,331 $ 53,550 $ 43,470 $ 35A38 $ 70,324 $ 83,790 $ 51,330 $ 40,950 $ 22,011 Old,(Wekday) 460,491 $ 13,545 $ 11,340 $ 5,75 $ 65,450 $ 53,130 $ 43,313 $ 85,951 $ 102A10 $ SOON $ 5],]50 $ 31,041 Ohe,(Weekend) 585,152 $ 16,555 $ 13,860 $ 29,838 324,750 $ 257,6P1 $ 221,0i)4 $ 450,025 $ 536,200 $ 440,310 $ 2711650 $ 147J87 Total Reaenue 2,98g503 $ %,376 $ 72,315 $ 143343 $ 29,881 $ Avg. Rate 3 S ]8.13 - -$ 40.18 8 4018 8 4618 $ 5976 $ etl9 8 74.69 $ Basil 95.75 $ 95.75 $ 84.68 8 6791 68.41 - Will Revenue Club Rental ($ 30 per round) 26,168 $ 1,183 $ 990 $ 1,705 $ 275 $ 2,200 $ 1.898 $ 1,375 $ 4,900 $ SAM $ 2,860 $ 2.200 $ 1,183 Onvmg Range Santa ($➢5 per round) 441300 $ 2,150 $ 1,800 $ 3,100 $ Soo $ 4,000 $ 3.450 $ 2,500 $ 7,050 $ 8,400 $ 5,200 $ 4.000 $ 2,150 Rider Fees Sna $ 2,129 $ 180 $ 310 $ 5O $ 400 $ 345 $ 250 $ 470 $ 560 $ 520 $ 400 $ 215 Independent InslructOr Fees 9'" $ - $ - $ - $ - $ 1,500 $ 1.500 $ 1,500 $ 1.500 $ 1.600 $ 1.500 $ - $ - Bell Relrerval LOl0 $ I WO $ - $ 1.000 $ 1,000 $ 1,000 $ - $ - GPSAdveNsmglncome 12.00O $ lAOO $ 1.000 $ 1.000 $ 2,000 $ 2,000 $ 2,000 $ 1,000 $ 1,000 $ 1,000 Hantlic4p Fees (based on 200 @ $40) 8,000 $ - $ . $ - $ 1,500 $ 2.00D $ 2.500 $ 1,000 $ S00 $ NO $ - $ - $ - Tatal IOB296 $ 7.,l61 $ 3,970 $ 6,115 $ 5,325 $ 12,100 $ 11.693 $ 8,625 $ 15,220 $ 11,560 $ 11.080 $ 6.600 $ 3.548 W N 13 W 2009-2010 ANNUAL PLAN SllverRoek Resod Pr eG6one - July 2009 tO June 2010 RUN DATE a &D,Ae as Ur Am PRLPAREDBY Wedmeek Gruslamgeme r GOLF SHOP MERCHANDISE.61 TOTAL JUL. AUG. SEP, I OCT I NOV, DEC I JAN. I FEB I MAR I APR, I MAY JUN. O NOPM R XdNDI Fe TOTAL BOF ROUNDS 39,150 2,150 1,800 3.100 500 4.000 3,450 2,500 4,700 5.600 5,200 4,000 2,150 $7.00 AVERAGE REVENUE I ROUND $832 $5.00 $4.50 $7.00 $8.00 37.50 67.00 $14.00 $10.00 $10.00 $9.00 57.00 TOTAL MERCHANDISE SALES $325,550 10,750 8,100 21,700 3,000 30,000 24,150 35,0W 41,000 56,000 46,800 28,000 15.050 4Q550 57,150 211,608 6.988 5,265 14,105 119M 19,500 15,698 22,750 30,550 36,400 30,420 18,200 9783 Safi Goods $ales 7,595 1,050 10.500 8,453 12.250 16,450 19,600 16,380 9,800 5,268 Hard Goods Sales 113,M 3,763 2,835 TOTAL MERCHANDISE REVENUE 325,550 10,750 8,100 21,700 3,000 30,000 24,150 35,000 47,000 %,909 46.800 28,000 15,060 53.08% 53.08% 0.08% 53.08% 53.08% 53.08% 5308% 53.08% 53.08% 53.08% 53.08% 83.08% 53.08% COSTOFSAIES 179,053 5.913 4,455 11,935 1,650 16,500 13,283 19,250 25,850 30,800 25740 15.400 8.278 COS -Merchands.(58%) (8,953) (296) (223) (597) (83) (825) (664) (963) (1,293) (1,540) (1,281) (]]0) (414) Purehase Disc Taken -(5%) 89 67 179 25 2" 199 289 388 462 386 231 124 Freight - Merchandise 2,686 172,786 5,706 4.299 11,617 1,592 15,923 12,818 18,576 24,945 29,722 24,839 14,861 7,988 TOTAL COST OF SALES 152,784 5,044 3,801 10,183 1,408 14,078 11.332 16,424 22.055 26,278 21,961 13,139 7,062 GROSS PROFIT SALARIE&AND-BENEETS 161,627 12,479 12,479 13,240 6,027 14,924 14,924 15,114 15,114 15,114 14,324 14,134 13,754 Salaries and Wages 1,648 750 1,858 1,858 1,882 1,882 1,882 1783 1760 1,712 Payroll Taxes 20,123 1,554 1,554 713 756 344 852 852 863 663 863 818 807 785 Workers Compensation 9,229 713 480 480 480 480 480 180 480 480 420 Empbyee Meals 5,400 360 360 420 2,317 2,317 2.317 2,317 2,317 2.317 2,317 2.317 Health Insurance 26,811 1,986 1.986 1,986 2,317 TOTAL SALARIES AND BENEFITS 223,190 17,091 17,091 18,050 9,918 20431 20,431 20.656 20,656 20.656 19,722 19,498 18,989 OTHER EXPNR 2,950 300 300 300 503 300 300 150 200 200 200 100 100 Office Supplies 6,000 500 500 500 Soo 500 Soo 500 500 SM 500 500 500 Contract Services Merchandise Consultant 0 0 0 0 0 0 0 2,000 Dues and Subscnptens 2,000 0 0 0 25 0 0 0 0 0 0 Freight l DRoery 75 0 0 0 25 25 0 15 15 15 15 15 15 Travel 90 2,400 0 100 0 100 0 100 0 100 0 300 200 S00 200 200 200 200 200 Uniforms 840 70 70 70 10 70 70 70 70 70 70 70 70 Telephone 5,490 750 150 1.250 500 100 100 1,250 35 35 35 1,250 35 Seminars l Training 0 0 50 50 50 50 50 50 50 50 50 Miscellaneous 450 0 1,120 2.220 1,745 1,345 1,245 2,535 1,070 1,070 1.070 4.185 970 TOTAL OTHER EXPENSES 20,295 1,720 20.270 11,663 21776 21.676 23,191 21,126 21726 20,792 23.683 19,959 TOTAL EXPENSES 240,485 18,811 18,211 TOTAL GOLF SHOP MERCHANDISE INCOME(LOSS) (90,720) (1310) (14410) (10087) (10256) (76991 (10344) (6767) 329 4,552 1,188 (10,544) (12,897) Expendable Supplies are made up of Golf Can Rental Agreement, Golf Club Rental Agreements, GiR CaLlIcates 8 Merchandise Bags Uniforms- Each Full-Tme Emp reo0ives (1) shirt per month w N 14 der 2009-2010 ANNUAL PLAN SilverRock Resort BUN DATE 16M.rL9 02:39 PM Projections -July 2009 to June 2010 PREPABEDBV: bntlmn4 CaHMmv{emem CARTS, SAGROOM & RANGE- Ii TOTAL JUL I AUG. I SEP. I OCT. I NOV. I DEC. I JAN. I FEB. MAR. APR I MAV JUN. SALARIES AND BENEFITS 112,549 9.076 6,790 7,076 2,516 9,000 11,665 13,836 11,946 12,009 12,009 8,425 6,426 Salaries and Wages 14,012 1,130 845 881 313 1,132 1439 1,698 1487 1,495 1.495 1,049 1,049 Payroll Taxes 16,162 1.303 975 1,016 361 1,305 1,659 1,958 1 715 1,724 1.724 1,210 1.210 Workers' Compensation 6,960 420 420 420 540 660 660 720 720 720 720 480 480 Employee 7g44 662 662 662 662 662 662 662 662 662 662 662 662 Health Insurance TOTAL SALARIES AND BENEFITS 167,627 12,590 9,692 10,054 4,393 12,849 15,975 18,673 16,529 16,611 16.611 11,826 11,326 SUPPLIES AND MATERIALS 6,000 150 150 150 150 1.800 150 15(1 1,000 150 150 500 500 Expendable Supplies 72 72 72 100 72 72 72 72 72 72 72 72 Towel Replacement 892 19,400 400 400 400 15,000 400 400 400 400 400 400 400 4W Bottled Water 2,350 0 0 0 5W 1,000 500 75 75 50 50 50 50 Cad Supplies 0 0 0 6.000 0 0 0 0 0 0 0 Range Balls 6,000 0 100 100 400 400 1,250 1,000 500 500 25) 200 200 Handicap Expenses (Based on 200 @ $25ea) 5,000 100 TOTAL SUPPLIES AND MATERIALS 38,642 722 722 722 16,150 9,672 2,372 1.697 2,047 1,172 922 1,222 1,222 REPAIRS AND MAINTENANCE 300 300 300 300 300 300 300 300 3W 300 300 Equipment Repair - Golf 3,600 300 TOTAL REPAIRS AND MAINTENANCE 3,600 300 300 300 300 300 300 300 300 300 300 300 300 OTHER EXPENSES 526 25 25 25 50 50 50 50 50 50 50 50 50 Office Supplies 0 0 0 0 70 70 70 70 70 70 Prnting l Stationary 420 8,640 0 720 0 720 720 720 720 720 720 720 720 720 720 720 Cad Contract Services - ($9 per can per mo 80 cads) 250 250 250 250 250 250 250 250 Can Maintenance & Repairs 4,000 500 500 500 500 75 75 75 75 75 FreigSoo rDelivery 75 75 75 75 75 75 75 0 0 925 1, 500 200 Uniforms 6,625 6,000 0 500 0 500 0 500 2.500 500 500 500 0 500 500 500 500 500 500 500 Laand Linen Laundry 75 75 75 75 75 75 75 126 125 125 125 Miscellaneous 1,160 125 TOTAL OTHER EXPENSES 27,260 I'm 1,895 1,695 4,420 2,170 1,670 1,740 1.740 2,716 1,790 3,290 1,990 TOTALEXPENSES 227,129 15,557 12,609 12,971 26,263 24,991 20,317 22,410 20,616 20,798 19,623 16,638 15,338 Expendable Supplies are made up of - Scorecards, Tees, Pencils, Trash Bags, Cups & First Aid Supplies Uniforms- Each employee receive 4 shirts, 1 hat Per season N 15 c,.n 200&2010 ANNUAL PLAN Sllvedi«k Rawd RUN DATE. 26Mar-09 08:41 AM P..-,July 2009b June 2010 PREPARED BY: Landmark Golf Man..erneet SALAKIC.rv. CEKCmn Salaries and Wages 36,240 2.040 2,040 2,160 480 2.880 4.320 5,040 5,040 5,040 3,120 2,040 2,040 254 Payroll Taxes 4,512 254 254 269 60 359 538 627 627 627 288 388 178 254 116 116 Workers Compensation 2,069 116 116 123 27 164 247 360 288 420 288 420 420 360 180 180 Employee Meals 3,300 180 180 180 180 747 240 3,643 5,465 6,375 8,375 6,375 4,047 2.590 2,590 TOTAL SALARIES AND BENEFITS 46,121 2.590 2,590 2,732 SUPPUES AND MATERIALS 50 50 100 100 100 100 100 100 100 100 75 75 ExpentlabIs Supplies 1,080 50 100 100 100 100 100 100 100 100 75 75 TOTAL SUPPLIES AND MATERIALS 1,050 50 OTHER EXPENSES 1,900 75 75 75 750 75 75 75 75 75 400 75 75 Uniforms 600 50 50 50 50 50 50 50 50 50 50 50 50 Safety Equipment 200 0 0 0 50 50 50 50 0 0 0 0 0 Miscellaneous 125 125 850 175 175 176 125 125 450 725 125 TOTAL OTHER EXPENSES 2,701 125 TOTAL COURSE SERVICES EXPENSES 49,872 2.765 2,765 2,957 1,697 3,918 5.740 6,651 6,600 6,600 4.597 2,790 2.790 Expendable Supplies are made up of Clipboards, Paper (starter sheets, ranger sheets), Towels, Trash Bags Uniforms- Each employee receives 4 shots, 1 hat per season w N 16 2009-2010 ANNUAL PLAN SllverRock Resort RUN BATE 26M.1-09 .it AM Pro actions - Jul 200H lB June 2010 PREPARED BY Lanemi con Mnn.Pmmt MAINTENANCE DEPARTMENT -63 TOTAL JUL. AUG. SEP. OCT NOV DEC. JAN. I FEB. I MAR. R. I MAY I JUN. E9 A D ENEFITS 687,712 57,306 57,306 57,306 51,306 57,306 5I,300 5],300 5],306 5],310 5],31a 5],310 ,316 52.808 Salaries and Wages 0 0 0 10,312 3.114 0 0 0 0 0 0 2,806 OverOma Houdy Wages 16.1 87,611 7,135 7.135 7,135 8.418 7,522 7,135 7,135 7,135 7.136 7,136 7,136 7,485 Payroll Taxes 39,887 3,272 3,272 3.272 3.665 3,391 3,272 3,272 3,272 3,273 3.213 3.273 3.380 Wodmrm'CompensaBon 2,880 240 240 240 240 240 240 240 240 240 240 240 240 Employee Meals 104.880 8,140 8,740 8,740 8740 8,740 8.740 e,740 8,740 8740 8.740 8.740 e,740 Health Insurance TOTAL SALARIES AND BENEFITS 939,234 Tfi,693 76,693 ' 76,693 88,681 80,313 76,693 76,693 76,693 76,705 76,705 95,200 5,W0 11,500 9,600 18,100 51000 12,000 5,500 8,000 5.000 5,000 5,000 51000 Femhzer 3,500 0 0 1,000 250 0 11000 950 100 100 100 FlowerarPlanis 3.600 3,600 3,750 6,500 4.180 3,100 2.950 3,000 3,100 3,600 2.860 2,860 Gas &Oils 43,100 8,000 200 200 200 6,000 200 500 200 100 100 100 100 100 Golf Course Accessones 3,500 2,500 3.500 4.500 2,700 2.200 2,000 2,000 1,500 2,000 90D 2,000 Chemicals B Peseades 29,300 0 0 3,500 0 3,500 0 0 0 0 0 POA Control 7,000 0 390 0 390 5,000 2,000 2,01%1 800 380 100 100 100 100 100 SandlMulchBunker 11,1 350 350 250 98,060 350 350 350 350 350 350 350 350 Seed 101,810 5,000 100 100 2,000 2.000 100 100 to 100 100 100 100 100 Small Tools 5,750 1,000 1,000 1.000 250 250 250 500 0 0 0 500 1,000 Sod 7,600 1,250 1250 0 2,500 0 0 0 0 0 0 1.300 1,300 Topdmasmg 317,720 15,890 20,690 26,300 1,10,160 18,280 20,300 16,430 13,750 10,350 11,350 11,210 121 TOTAL SUPPLIES AND MATERIALS REPAIRS AND MAINT NAN 1,750 250 250 250 0 0 0 250 250 0 250 250 Buildings B Bndges 4,400 4,400 4,400 10,000 2.000 1.500 1,500 1,500 1,500 1.500 1.500 1,500 Equipment 35,700 2,100 2,200 2,000 Rod 550 1,200 1,000 1,000 1,000 11000 I'Dop Irnganon System 16,050 2100 1.000 1.000 1,090 l.wo 1,000 1,000 1,000 1.000 500 0 Pumps 10,500 1,000 1.000 1,500 2,500 500 500 2,500 500 1.500 1,500 1,500 1.500 1,500 SW Aqua0cs Lake Mami Contract 17.000 1,500 0 0 0 0 2,000 4,000 0 0 Trees 10,050 0 0 3,500 550 9,250 11.850 14,050 4,400 5,550 4,650 5,250 ],000 9,000 4,750 4,250 TOTAL REPAIRS AND MAINTENANCE 91.050 9,250 w N V 17 2009-2010 ANNUAL PUN 811XerR,.k Resort sun e4T6 H rai war •m Projection, - Jul 200, ar Jun, 2010 P9ee4R29 By us4-1, GOX s6istormr MAINTENANCE DEPART110E111-83 1 OTAI 1 5 q I AUG. I SEP. I CT. NOV. I DEC I JAN I FEB I MAR. I APR. I MAY I JUN. OMEREXPENSES Contract Services Soinssue Tests 4,000 0 0 2.000 Dues and Subscriptions 900 200 0 0 Employee Education 1,550 50 50 50 Equipment Rental 4,200 200 150 150 Auto Expense 6,000 500 500 500 Licenses and Penolls 680 100 100 BO Miscellaneous 1,200 IN 100 100 Supplies Miscellaneous 4,350 750 750 750 PropaneiNatural Gas 600 50 50 50 Safety Eguipmeri Training 2,600 100 100 No Taleph.n&DSL 10,200 850 850 850 Green West. Removal 6,288 524 524 524 Umi.ans 6 L raun eels 9,840 820 820 820 TOTAL OTHER EXPENSES 52,408 4,244 3,994 6,774 0 0 0 0 0 0 0 2.000 0 0 2W 0 0 200 0 200 0 IN 50 50 SO 50 1.000 50 50 50 50 1.800 600 200 200 200 200 200 200 100 500 500 500 500 500 500 Soo Soo Soo 0 0 0 0 0 250 150 0 0 IN IN 100 IN 100 100 IN IN IN 500 500 500 too 100 100 IN 100 100 50 50 50 50 50 50 50 50 50 200 200 200 200 200 200 100 100 100 850 850 850 850 850 850 850 850 850 524 524 524 524 524 524 524 524 524 A2n 820 820 820 820 820 820 820 820 TOTAL MAINTENANCE EXP.(EXCL Landscaping) 1,400,412 106,077 110,82] 123,61T 348,285 10].]e] 106,33T 100,98i 100,23] 97,699 100,699 97,959 100.323 4,500 LANDSCAPE 13.000 12.200 12.700 13,100 11,400 13,800 12,600 91600 140,544 11,712 11,712 11,712 11,712 11,712 11712 11,712 11,712 11,712 11,712 11,712 11,712 Wages 5,272 0 0 811 2,839 811 0 0 0 0 0 0 811 Cv rtlme Hourly Wages 1,458 1,559 1,812 1,559 1,458 1,458 1.458 1.458 1.458 1,458 11559 Paymll Taxes 18,154 1,458 TTT 700 669 669 669 669 W9 669 700 Workers' Compensation 8,229 669 669 700 2,311 2,31] 2,31T 2,31T 231T 231T 2,31T 2,31T 2,31, Health Insurance Landscape Wages B Benefits 2T,804 200.003 2,31T 16,156 231T 16,156 231T 1T,099 19AST 1T,099 16,156 16,166 16156 16,156 16.156 16,156 1],099 Small Tools 1,025 100 100 100 100 100 75 75 75 250 75 250 TS 250 75 250 75 500 Repaus B Maintenance- Drip Irrigation 4.250 250 250 500 500 NO 500 250 290 290 290 290 290 290 Uniforms 3,480 290 290 290 290 290 290 TOTAL LANDSCAPE MAINTENANCE 208,758 16796 16,7911 17,989 20,347 17,9B9 17,021 16.171 16,771 167T1 16,TT1 16,771 114,730 17,964 11812M COURSE B LANDSCAPE MAINTENANCE TOTAL 1.609.170 122,614 1211623 141.606 258,632 125.376 123.358 117,738 117,008 114,470 117,470 (EXCL UTILITIES) WATER 6 ELECTRICITY COSTS 3,034 3,254 1,349 1,349 1,504 1.427 1,504 1.504 1,659 1,814 Water Cost 21,671 70.000 1,814 5,000 1,659 5,000 51000 5,000 7,000 7,000 Two 7,000 7,000 51000 51000 5,000 Electricity Pumping Costs 8,034 8.254 8,349 8,349 8.504 8,427 9.504 6,504 6,659 6,814 TOTAL WATER AND ELECTRIC COST 91,871 6.814 6.659 134,282 1.... 2T8,88. 1a4",o 131,707 126,242 125.434 122,W/ 123,W4 t21,38a 125,t02 TOTAL COURSE MAINTENANCE EXPENSES 1701,041 129,687 C li N 00 18 2009-2010 ANNUAL PLAN SllverROok Resort Projections - July 2009 to June 2010 RUN DATE: E Mnr- 01:02 PM PREPAREDDY: L=stvirkGKMeugemmt G B A DEPARTMENT -67 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. I MAR. APR. MAY I JUN. SALARIES AND BENEFITS 206,256 17,186 17,188 17,188 17,188 17,188 17,188 17,188 17,188 17,188 17.188 17,188 17,188 Salaries and Wages 25,679 2,140 2,140 2,140 2,140 2,140 2.140 2,140 2,140 2,140 2,140 2,140 2.140 Payroll Taxes 11,777 981 981 981 981 981 981 981 981 981 981 981 981 Workers' Compensation 2,160 180 180 180 180 180 180 ISO 180 180 180 180 180 Employee Meals 17,496 1,458 1,458 1.458 1,458 1,458 1,458 1.458 1,458 1,458 1,458 1,458 1,458 Health Insurance 263,368 21,947 21,947 21,947 21,947 21,947 21.947 21,947 21,947 21,947 21,947 21,947 21,947 TOTAL SALARIES AND BENEFITS REPAIRS AND MAINTENANCE 100 100 100 100 700 100 100 100 100 100 100 100 Equipment Repair 1,200 100 100 100 100 100 100 100 100 100 TOTAL REPAIRS AND MAINTENANCE 1,200 100 700 100 OTHER EXPENSES 1,500 125 125 125 125 125 125 125 725 125 125 725 125 Office Supplies 3,200 0 100 100 100 100 400 400 400 400 400 400 400 Printing/Stationary 75 75 75 75 75 75 75 75 75 75 75 Postage 900 75 0 0 500 500 500 500 200 200 200 0 0 0 Recruiting /Relocation 2,600 SO 50 200 ISO 150 50 50 500 50 Dues and Subscnpbons 1,600 50 0 200 50 50 50 50 50 50 Freight l Delivery 600 50 50 50 50 50 SO 0 0 100 0 200 Soo 200 Travel I'm 2,600 0 100 100 100 0 100 0 100 0 100 100 1.500 100 100 100 100 100 Entertainment & Promotion 4,800 400 400 400 400 400 400 400 400 400 400 400 400 Auto Expense 4,200 350 350 350 350 350 350 350 350 350 350 350 350 Equipment Rental(Copier/Storage) 100 100 100 100 100 100 100 100 100 Non -Capital Equipment 900 0 0 75 75 75 75 75 75 75 Uniforms 1,050 4,800 75 400 75 400 75 400 150 400 150 400 400 400 400 400 400 600 400 Professional Fees (I.T. &Safety Fees) 200 200 200 200 200 200 200 200 200 200 Seminars/Training 2,400 200 550 200 550 550 550 550 550 550 550 550 550 550 550 Payroll Processing 6,600 10,800 800 800 800 800 800 800 2,000 800 800 800 800 800 Computer Supplies (POS Support Fees) 90 90 90 90 90 90 90 90 Bank & ADP Fees 1,080 90 90 90 90 100 100 100 100 100 100 100 100 100 Miscellaneous 1,200 100 100 100 TOTAL OTHER EXPENSES 51,530 3,365 3,515 4,215 4,140 4,140 4,515 6,765 4,265 4,065 4,065 4,815 3,985 318,398 25,412 25,562 26,262 26,187 26,187 26,562 28,812 26,312 26,112 26,112 26,862 26.012 TOTAL G8AEXPENSES Uniforms- Benefit to be shared betvreen GM & Controller Entertainment & Promotion- GM promoting property for potential clients Cu 19 N CD 2009.2010 ANNUAL PLAN SltverRock Resort Pmjectlons • Jul 2"as to June 2010 MARKETNG S Mer-09 06:41 AM PREPAREDBY: Lmdmerk Golrsia.w.mt MARKETING DEPARTMENT• 66 1 TOTAL I JUL. I AUG. I SEP. OCT. NOV. DEC. 1; i I FEB. I MAR. I APR. I MAY I JUN. RI 30,000 2,500 2, 500 2,500 2, 500 2,500 2, 500 2,500 2,500 2, 500 2,500 2,500 2,500 Salaries and Wages 3,735 311 311 311 311 311 311 311 311 311 311 311 311 Payroll Taxes 1,713 143 143 143 143 143 143 143 143 143 143 143 143 Workers Compensation 60 60 60 60 60 60 60 60 60 Employee Meals 720 60 60 60 331 331 331 331 331 331 331 331 331 Health Insurance 3,972 331 331 331 TOTAL SALARIES AND BENEFITS M, 140 3,345 3,345 3.345 3,345 3,345 3,345 3,345 3,345 3,345 3,345 3,345 3,345 OTHER EXPENSES Office Supplies Printing I Stationary Postage Contract Services Web Page Dues and Subscriptions Uniforms Telephone Civet, Community and Trade Show Public Relations Promotions I Meals Promotion - (Media, Vendor Days, etc Advertising (Ad Purchases) Collateral Material -(Yrd Skis, Rack Cps, Slam Brochures) Miscellaneous TOTAL OTHER EXPENSES TOTAL MARKETING EXPENSES 1,200 100 100 100 100 100 100 100 100 1W 100 100 100 4,425 0 0 200 3,000 200 200 200 125 125 125 125 125 600 50 50 50 50 50 50 50 50 50 50 50 50 2,100 175 175 175 175 175 175 175 175 175 175 175 175 735 0 0 0 0 0 0 35 400 300 0 0 0 600 0 0 0 300 50 50 50 50 50 50 0 0 1,200 100 100 100 100 100 100 100 100 100 100 100 100 2,926 75 75 75 750 750 750 75 75 75 75 75 75 6,500 0 0 500 500 4 000 500 500 500 0 0 0 0 300 25 25 25 25 25 25 25 25 25 25 25 25 700 0 0 0 5o 50 50 300 50 50 50 50 50 1115,984 2,137 5,227 16,207 11,387 19,877 21,577 27,937 26,777 21,127 18,477 8,477 6,777 9,000 0 0 0 2,500 1,000 0 2,500 500 500 500 1,000 500 350 0 0 0 0 M 50 50 50 50 50 50 216,619 2,662 5,752 17,432 18,937 26,427 23,627 32,097 28,977 22,727 19,777 10,227 7,977 266,759 6,007 9,097 20,777 22,282 29,772 26,972 35,442 32,322 26,072 23,122 13,572 11,322 PfonlotlpnlMeals - Oft property events (Chamber Mixers, Rotanes and entertaining potential clients) PromotioNMedialVendor Days -Rad,01TV Onsite Broadcasting Vendor Days - ShoW casing property in exchange for positive publicly co w O 20 2009-2010 ANNUAL PLAN SllverRock Resort MAREETING zs.Mm-m 08:41 AM PTectlons - Jul 2009 to June 2010 PRTAREDBY: Landmark GUDManagement TEMPORARYCLUBHOUSE-800 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. TAN. FEB. MAR. APR. MAY JUN. SUPPLIES AND MATERIALS Supplies 4,800 400 400 400 400 400 400 400 400 400 400 400 400 Expendable 4,300 400 400 400 400 400 400 400 400 400 400 400 400 TOTAL SUPPLIES AND MATERIALS REPAIRS AND MAINTENANCE 200 200 200 200 200 200 200 200 200 200 200 200 Building Structures 2,400 4,800 400 400 400 400 400 400 400 400 400 400 400 400 Restaurant Repairs Repair 4,800 400 400 400 400 400 400 400 400 400 400 400 400 Equipment TOTAL REPAIRS AND MAINTENANCE 12,000 1,000 1,000 1,000 1.000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 OTHER EXPENSES 22,500 1,825 1,825 1,825 2,425 1,825 1.825 1,825 1,825 1.825 1,825 1,825 1825 Contract Serves Cleaning 12,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Telephone 3,800 317 317 317 317 317 317 317 317 317 317 317 317 Cable -Roadrunner 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Water 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Sewer 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Safety Equipment 3,600 300 300 300 300 300 300 300 300 300 300 300 300 Natural Gas 2,600 100 100 100 100 100 100 1,500 100 100 100 100 100 Flowers and Decorations 98,400 8,200 8,200 8,200 8,200 8,200 8,200 8,200 8,200 8,200 8,200 8,200 8,200 Building Sammy(Rovmg Patrol) 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Miscellaneous TOTAL OTHER EXPENSES 151,300 12,442 12,442 12,442 13,042 12,442 12,442 13,842 12,442 12,442 12,442 12,442 12,442 TOTAL CLUBHOUSE EXPENSES 16,100 13,842 13,842 13.1 42 1,442 :1 ;i 13,84E 15.242 13,842 1;i : 13.842 13,842 13,842 Expendable Supplies made up of Locksmdh, Trashbags, Lightbulbs, Mats, Items related to Maintenance of Clubhouse co co 21 2009.2010 ANNUAL PLAN SllverRock Resort nun DATE: m-4Pr.n9 le"Am Projections- July 2009 to June 2010 PREPAREDBY l do GuV.......I MIS DEPARTMENT - 980 & 990 TOTAL I JUL. I At SEP. I OCT. I NOV. DEC. JAN. FES. MAR. I APR. MAV JUN. MISC OTHER EXPENSES 90,000 25,987 22.394 10.794 15,661 (1,524) 11,445 (383) (2,340) (10,090) (6,601) 5,359 19,299 Management Fee - Fixed 598 6,495 5,153 4.422 9.001 10.724 8.806 5,433 2.942 FF&E Reserve (2.0%) 69,610 1,728 1,446 2,863 3.500 3.500 3,500 3,500 3,600 3,500 3,500 3,500 General Liability Insurance 42,000 3.500 3,500 3,500 3.500 Property Taxes - Regular ($ISM @ 1.25%) 0 0 0 0 Personal Property Taxes 20,000 20,000 0 0 0 0 0 0 0 0 211,610 51.215 27,341 17,157 19,759 8,471 20,098 7,539 10,160 4,134 5,705 14,292 25,740 LEASE EXPENSES 11,581 11,581 11,581 11.581 11,581 11,581 11,581 71,581 71,581 Gott Cart Leases 138,972 77,581 71581 11,581 600 600 600 600 600 600 600 600 Trailer Leases 7,200 600 600 600 600 0 0 0 Computer l Software Lease 8,232 1,372 1,372 1,372 1,372 1,372 1,372 0 0 0 7,400 7.400 7.400 7,400 GPS Lease (Up -Link) 88,800 7,400 7,400 7,400 7,400 7,400 7,400 7.400 7,400 189,000 16,500 16,500 16,500 16.500 16.500 16,500 15,000 15,000 15,000 15,000 15,000 15,000 Golf Course Maintenance Equipment Leases 432.206 37,45J 37,453 37,653 17,453 37,453 37,463 34,581 34,581 34,681 34,581 34,581 34,581 CO w N 22 20094010 ANNUAL PLAN si ndtoel,.. RUN DATE: 26-Mm,49 08.41 AM Projections -July men m Jane" I- PREPAREDBV: Landmark Coif Management FOOD 6 BEVERAGE DEPT-62 TOTAL JUL 1 11 SEP. OCT. NOV. OEC JAN FEB.I MAR. APR. I MY JUN. FOOD REVENUE TOTAL NUMBER OF ROUNDS 39,150 2,150 1,800 3,100 500 4,000 3,450 2,500 4,700 5,800 5,200 4,000 2,150 RIL ROOMTERlRA AVERAGE FOOD REVENUE PER ROUND $4.26 $300 $300 $450 $375 $450 $390 $900 P50 $425 $400 $375 $300 TOTAL SNACK SHOP FOOD REVENUE 168,830 6,450 5,400 13,950 1.875 18.000 13,455 22,500 21,150 23,800 20,800 15,000 6,450 REVERAGECARTS AVERAGE FOOD REVENUE PER ROUND $2.03 $150 $125 $125 $225 $375 $240 $350 $220 $200 $175 $125 $125 TOTAL BEVERAGE CART FOOD REVENUE 80.833 3.225 2,250 3,0]5 1,125 15,000 8,280 B,750 10,340 11,200 9.100 5,000 2,668 AVERAGE FOOD$ PER ROUND $6.29 $450 $425 $575 $600 $825 $630 $1250 $670 $625 $575 $500 $425 BEVERA- REV N TOTAL NUMBER OF ROUND$ 39,150 2,150 1,800 3,100 500 4,000 3,d50 2,500 4,700 5,600 5,200 6,000 2,150 -RII I ROOMTERM AVERAGE BEVERAGE REVENUE PER ROUND $2.38 $150 $150 $200 $250 $225 $200 $500 $225 $300 $300 $175 $175 TOTAL SNACK SHOP BEVERAGE REVENUE 95,513 3,225 2,]00 8,200 L250 9,000 Q900 12,500 ID,5]5 16,800 15,600 TOM 3.]83 465]% BEV RF AGE CAR< AVERAGE BEVERAGE REVENUE PER ROUND $2.71 $200 $200 $200 $200 $200 $200 $400 $300 $300 $300 $375 $375 TOTAL BEVERAGE CART BEVERAGE REVENUE 109,563 4,300 3,600 6.200 1.000 6,000 8,900 10,000 14,100 16,800 15,600 15,000 B4Ofi3 AVERAGE BEVERAGE$ PER ROUND $ 534 % 11.38 $350 $350 $400 $450 $425 $400 $900 $525 $600 $600 $550 $550 w Co 23 w 2009-2010 ANNUAL PLAN SllwiPeek noon RUN DATE: 2f-MarA9 08:41 &M Proictinm- July 1009 to Jum"Is PREPAREDBY: Landmark Golf Mnn.Brmrnt FOOD BEVERAGE DEPT-62 TOTAL JUL. AUG SEP. OCT. NOV DEC JAN. FEB. MAR. APR MAY JUN. Snack Shop]ferm. Food 168,830 6,450 5,40E 13,950 1,875 181000 13.455 22,500 21,150 23,800 20,800 15,00E 5,000 6,45E 2.688 Beverage Cad Food 80,833 3,225 2,250 3,875 1,125 15,000 8,280 8,750 10,340 11,200 9,100 Other Food Income 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Non -Taxable Tournament Site Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 More Non -Taxable Site Fees (Weddings) 12.05 0 0 2,350 7,060 3.085 36,085 21,735 31,25E 31,49E 35,00E 29,90E 20,00E 9,138 TOTAL FOOD REVENUE 662.158 9,675 7,650 20.175 10.060 BEV R - REV NU Snack ShopRenace Bear& Wine Snack ShoplTerrace Sodas Beverage Cad Beer E Wine Beverage Cart Sodas TOTAL BEVERAGE REVENUE TOTAL FOOD &BEVERAGE REVENUE COS - Food (37%) COS - Bear & Wine (25%) COS - Sodas (27%) TOTAL COST OF SALES GROSSPROFR Salanes and Wages Payroll Taxes WOAers' Compensation Employee Meals Health Insuranw TOTAL SALARIES AND BENEFITS JPPLJES AND MATERIALe Expandable Supplies Bar Utensils Menus, Napkins and Placemats TOTAL SUPPLIES AND MATERIALS Equipment Repair TOTAL REPAIRS AND MAINTENANCE OTHERSES Office Supplies Phone Equlpment Rental Non -Capital Equipment Uniforms Laundry and Linen Lease Payment Bank Fees Seminars J Training Cleaning Supplies Licenses and Permits Miscellaneous TOTAL OTHER EXPENSES TOTAL EXPENSES TOTAL FOOD 6 BEVERAGE PROFIT 11-wr) 47,756 1,613 1,350 3,10E 625 4,500 3,450 6,250 5,288 8,40E 7.800 3,500 1.881 47,756 1.613 1.350 3.100 625 4.500 3,450 6.250 5,288 8,60E T,800 3,50E 1,881 54,701 2,15E 1,800 3,100 500 4,00E 3,450 S,o00 7,050 8,400 7.60G T500 4,031 54,781 2,15E 1,80E 3,100 500 4,00E 3,450 5,00E 7,050 8,400 7,800 7,500 4,031 2OK0�6 7,525 6,300 12,40 2,250 17,00E 13,80E 22, 24,fi]5 33,fi0 31,20E 22,00E 11,625 467 2 17,200 13,85E 32,515 12,31E 5],085 35,53 53,T5 SQ18 68,fi00 61,1E 62,00E 20.98 92,375 3,58E 2,831 6,595 1,110 12,210 8,042 11,563 11,651 12,950 11,063 7,400 3,381 25,634 941 788 1.550 281 2.125 1,725 2,813 3,084 4,200 3,90E 2,750 1,478 27,685 1,016 851 1,674 304 2,295 1,863 3,038 3,331 4,536 4,212 2,970 1,596 14$695 5,536 4,489 9, 19 1,695 16,630 11.630 17,413 18,067 21.686 1 ,175 1 ,120 6.455 1,5]e H. 1 ,455 .338 . 10 188,074 15.147 15,147 16.369 8,558 16,107 16,292 16763 16,763 16,903 16,903 16,578 16,543 24.280 1.956 1.956 2.113 1,105 2.079 2.103 2,164 2.164 2.182 2.182 2,140 2.136 10,739 865 865 935 489 920 930 957 957 965 965 947 945 6,960 640 AO NO 600 600 fi0u NO 800 600 6. 3,310 e. 3,310 SCO 2,979 38.396 2,979 2,979 2,979 3.310 3,310 3,310 3.310 3,310 3,310 668, 21,487 21,487 22,936 14,062 23,011 23,236 23,794 23,794 23,960 23,96E 23.575 23,142 5,400 300 300 300 300 600 No 600 600 600 No 300 300 1.250 150 100 100 100 100 100 100 100 100 100 350 100 350 100 350 3,825 175 175 175 500 250 250 550 350 350 10,419- 625 575 STS 900 950 950 1,2W 1,05E 1,05E 1,05E ]50 750 2,400 200 200 200 200 200 200 200 200 200 200 200 200 2,"0 200 200 200 200 200 zoo 200 zoo 200 zoo 200 200 1,50E 100 100 100 250 250 100 100 100 100 100 100 to 840 TO 109 70 109 10 109 70 109 TO 109 To 109 70 109 70 109 TO 109 TO 109 TO 109 TO 109 1,308 600 50 50 50 50 50 50 50 50 50 50 50 50 3,050 150 150 150 650 150 400 500 600 1So 400 150 dust 150 400 550 600 1So 400 150 400 4,650 12,000 400 500 400 500 400 500 250 1.500 1,500 1,500 1,500 1,500 1,500 500 500 500 4.020 336 335 335 335 335 335 335 335 335 335 335 25 335 25 750 250 250 25 250 250 250 25 250 25 250 25 250 25 346 25 350 25 350 25 350 350 350 3,596 900 6,400 1,500 5,500 125 125 125 125 125 125 125 125 125 125 125 125 60,214 7,839 2.114 2,339 3.614 3,264 3,46E 3,21E 3,214 4,114 2,614 2,214 2,214 30,151 26,W6 26,05E 18,]]6 2T,431 2],850 28,4 4 28,258 29,32 2].624 26739 2fi,306 1 14,8 4 1 83 41 Supplies Expendable is made up of Smalhsares, Papergoods, First -aid Undorms- Each employee receives 4 shirts, 1 hat per season co W 24 SilverRock Resort 2009-2010 Marketing Plan Narrative OBJECTIVE: To expand brand awareness for SilverRock Resort, promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. The July 2009-June 2010 Marketing Plan is built around an annual Marketing Budget of $256,759. The Marketing Plan includes: advertising and promotions, collateral materials, civic and community networking, public relations, golf/consumer trade shows, and internet websites and e- mail marketing. ADVERTISING and PROMOTIONS Advertising and promotions are targeted for La Quinta Residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California golf and travel publications. Advertising consists of local newspaper, golf and travel magazines, regional directories, local television and area radio. Advertising is budgeted at $185,984 for 2009-2010. Newspaper advertising is placed in The Desert Sun with primary emphasis on the sports enthusiasts with weekly "ear ads" appearing on the front page of the Sports Section; ear ads are visible to all readers of the paper. Newspaper advertisement makes up 15% of the Marketing Budget. Special promotions are designed, as needed by season, and placed in various print advertisements. Magazines and directories consist of local and regional magazines, yellow pages and golf -related directories. These ads vary from full page to quarter page ads and are full color. Magazines and directories compose over half (65%) of the advertising budget. Television commercials (30 seconds) are placed on all three (3) local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner cable stations. Local radio is used for 30-second spots and specific promotions. TV and radio ads make up 20% of the advertising budget. 25 335 COLLATERAL MATERIALS Rack cards, scorecards, and information packets presenting SilverRock Resort are used as marketing tools for SilverRock Resort. An emphasis will be placed upon SilverRock's participation in the Bob Hope Chrysler Classic. Printed material will be produced, as needed, to promote SilverRock Resort as a Home Course of the Bob Hope Chrysler Classic. CIVIC AND COMMUNITY NETWORKING AND TRADESHOWS SilverRock Resort is positioned as a community -friendly golf facility and is committed to developing strong relationships with community organizations such as the La Quinta Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related industries and businesses. TOURNAMENTS & GROUP OUTINGS A continued concentrated effort to attract corporate and group outings will be positioned through various networking opportunities. Tournament business represents a large amount of outside play and is vital to SilverRock's success. JUNIOR GOLF SilverRock will continue to support local Junior Golf by offering various Summer Junior Camps, Junior Rates and being a host course for the La Quinta High School Boys Golf Team. INTERNET WEBSITES AND E-MAIL MARKETING A benefit of memberships in selected local Chambers of Commerce and the Convention and Visitors Authority is access to cross -marketing opportunities through website links to SilverRock Resort. E-mail database marketing is targeted to consumer e-mail addresses that are collected daily through comment cards, tee -time bookings, selected websites and the La Quinta Resident renewal process. This e-mail database is used to send e-mail blasts promoting SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. 26 336 SilverRock Resort -Arnold Palmer Classic Course GOLF RATES 2009-2010 Reservation Type Book 90 Daysl Public Public Twi Replay (Booked After Rnd) Bock 3 Days! La Ownta Resident U ou:ma Revdmt caaat(20%0 pcclea rain) Book 990ays1 Wholesale Wholesale Twilight tFock 1 Da PGA PAID Junior Rate (Before 2 00 p m.) Junior Rate (After 2 00 p.m.) (Book 1Da 2009 2009 Julyi-SePL20 July 1-sept 20 n•Thu n $ 55.00 $ 65.00 $ 40.00 $ 50.00 $ 25M $ 25.00 $ 30.00 $ 30,00 $ 44.00 $ 52.00 Is 68.00 $ edoo $ 50,W E 60.00 E 7S,W $ 65.W $ W.00 $ 35.W $ 50.00 $ 60.W E 25.001 $ 25.00 $ 25. 25.00 $ 10.Ot100 $$ 10.00 $ 25.W $ 25.00 $ 1-00 $ 25.00 E 15.00 1 $ 16A0 n4 Fri ra tr rt to 2010 2010 Dec. 264r.30 Dec. 26-A r.30 M n-Th M Fd-Su $ 165.00 $ 165.00 $ 95.00 $ 95.00 $ 50.00 $ 50.00 $ 55.00 $ 55.00 Is 132.00 1$ 132.00 3123/2009 2010 2010 uJ0ns30 May 1-Junem $ 86.00 $ 105.00 $ 6540 $ 76.01) $ MOD $ 35.00 $ 45.00 1 $ 46.00 $ 66.0 $ 64.00 Is 135.00 $ 135.00 1 $ 75.00 i 85.00 Is 75.W $ 75.00 $ 40.00 $ 55.W 35.00 $ 25 DO $ 25.00 $ 1500 $ 15.W S 25.00 $ 25.00 25 fi . $ 25W $ 152,W09 $ 15.00 Stand By Golf Ratesto varybasedupanactualbookmgs Rates to vary based upon actual bookings Rates to vary based upon actual bookings Rates to vary based upon actual bookings Rates to vary based upon actual broke, (Book Up to 1 Year) Groups(13.) Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates NegouatedRates Negotiated Rates Negotiated Rates NegotiatedRales " Juniors are 17 and under ' All rates to include green fee, golf cart limited amount of range balls prior to round except golf cart for Juniors ` Non golfers -ride alongs-must abide by dress code, riders permitted based upon availability at a rate of $25 per cider ' Gry Employees -Prevailing Resident Rates OTHER FEES Range Not Plavino Rate/Fee 1 Hour $ 10.00 All Day Range Fee $ 25.00 Rental Clubs $ 45.00 Handicap Membership $ 45.00 Golf Lessons 1 Hour $ 75.W 112 Hour $ 50.00 W W 27 SILVERROCK RESORT ANNUAL PLAN 2009-2010 Bob Hope Assumptions OPERATIONAL EXPENSES Revenue: It is assumed that the golf course will close for public play on Sunday, January 17, 2010 for the Bob Hope Chrysler Classic and reopen for play on Sunday, January 24, 2010. The golf course will be closed for a total of seven (7) days per the tournament contract. This loss of seven (7) days of revenue has been factored into the 2009-2010 Annual Plan for SilverRock Resort and amounts to a loss of approximately $150,000 in revenue and 1,500 rounds of golf. Any additional days of course closure will impact the revenue budget for the month of January 2010. Wages: It is assumed that the SilverRock Resort golf course maintenance crew of 30 employees will work an additional 41 hours of overtime per person in the month of January to ensure PGA Tour course standards. Also, additional payroll taxes and workers compensation insurance will be an added expense as a result of the extra hours worked. Supplies and Materials: Two (2) extra fertilizer applications (December and January) will be needed to ensure top quality turf conditions. Additional seasonal flowers and plants will be added at the entrance and clubhouse area. Also, additional sand will be required to ensure all sand bunkers on the course are consistent and are in compliance with PGA Tour standards. Additional cool season seed may be required in order to be in compliance with PGA Tour standards; a heavier seed rate will be used when overseeding the fairways, tees and greens in the fall of 2009. If there are any areas of the course that do not meet PGA Tour standards, those areas must be sodded prior to the tournament. Other Expenses: Additional maintenance equipment may be rented short term to get the course ready for PGA Tour standards. 28 338 W CID 2009-2010 ANNUAL PLAN Sll—rRock RasoO RVHp4Te x6M.Ma ai 4: Pm Pro actlana-Jul 2009 to Jane 2010 PR6PARCD 9Y Wamna coltm.n.aemmi SUPPLEMENTAL BOB HOPE EXPENSES Salanes and Wages 9 0 0 0 0 0 0 0 0 0 0 0 0 Overture Hourly Wages(41 hours at 30 employees) 15,000 0 0 0 0 0 0 15,NO 0 0 0 0 0 Payroll Taxes 1,868 0 0 0 0 0 0 1,868 0 0 0 0 0 WoMem'Compensahon 571 0 0 0 0 0 0 571 0 0 0 0 0 TOTAL SALARIES AND BENEFITS 17,09 0 0 0 0 0 0 17,439 0 0 0 0 0 SUPPLIES AND MATERIALS F.61u,.r 22,000 0 0 0 0 0 11,000 11,000 0 0 0 0 0 Fl.am1P1ants 2,000 0 0 0 0 0 2,000 0 0 0 0 0 0 SandlBunkar 30,000 0 30,000 0 0 0 0 0 0 0 0 0 0 Seed 25,000 0 0 0 0 25,000 0 0 0 0 0 0 0 Sod 6,000 0 0 0 0 2,000 4,000 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 85,000 0 30,000 0 0 27,000 17,000 11,000 0 0 0 0 0 OTHER EXPENSES Eewpment Rental 14,200 0 0 0 0 0 0 14,200 0 0 0 0 0 TOTAL OTHER EXPENSES 14,200 0 0 0 0 0 0 14,200 0 0 0 0 0 TOTAL COURSE MAINTENANCE EXPENSES 116,639 0 30,000 0 0 27,000 17,000 42,639 0 0 0 0 0 P44 2009-2010 ANNUAL PLAN SllverRock Resort RUN DATE: 26Mer-09 09:24 AM Projections-Ju 2009 to June 2010 PREPARED BY: Landmark Golf Management Front Entrance Landscaping TOTAL JUL. I AUG. I SEP. I OCT. I NOV. I DEC. I JAN. I FEB. I MAR. I APR. I MAY I JUN. Employee Count Landscapers 6 8.26 2 2 2 2 2 2 2 2 2 2 2 2 SALARIES AND BENEFITS Salaries and Wages 34,320 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 Payroll Taxes 4,272 356 356 356 356 356 356 356 356 356 356 356 356 Workers' Compensation 3,432 286 286 286 286 286 286 286 286 286 286 286 286 Employee Meals 0 0 0 0 0 0 0 0 0 0 0 0 0 Health Insurance 4,512 376 376 376 376 376 376 376 376 376 376 376 376 TOTAL SALARIES AND BENEFITS 46,536 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 SUPPLIES AND MATERIALS Fertilizer 1,800 150 150 150 150 150 150 150 150 150 150 150 150 Flowers/Plants 1,500 0 0 0 750 0 0 0 0 0 0 750 0 Pesticides 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Seed Soo 0 0 0 500 0 0 0 0 0 0 0 0 Miscellaneous 11200 100 100 100 100 100 100 too 100 100 100 100 100 Uniforms & Linenrrowels 360 30 30 30 30 30 30 30 30 30 30 30 30 Irrigation Systems 11200 100 100 100 100 100 100 too 100 100 100 100 100 TOTAL SUPPLIES AND MATERIALS 7,760 480 480 480 1,730 480 480 480 480 480 480 1,230 480 Total Front Entrance Landscaping 64,296 4.358 4,358 4,358 6,608 4,358 4,368 4,358 4.358 4,368 4,358 6,108 4,368 w 30 OF T1� COUNCIURDA MEETING DATE: April 21, 2009 ITEM TITLE: Consideration of a Contract Extension for Two Years with HF&H Consulting, LLC for AB 939 Services for Fiscal Years 2009-2010 and 2010-201 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a two year contract extension with HF&H Consulting, LLC for AB 939 waste and recycling services for Fiscal Years 2009-2010 and 2010-201 1 in an amount not to exceed $45,000 for each year. FISCAL IMPLICATIONS: The City Manager's Department Management Services Division has included $45,000 in the Fiscal Year 2009-2010 Preliminary Budget for AB 939 consultant services, account number #101-1004-413.33-22. For comparison, the contract amount for Fiscal Year 2008-2009 was $88,000 and Fiscal Year 2007-2008 was $84,000. This represents a General Fund savings of $43,000, which will be realized if Alternative 1 is selected. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On May 5, 1998, the City Council approved an agreement (subsequent to a Request for Proposal process) with Hilton, Farnkopf & Hobson (HF&H) Consulting, LLC to perform services as the City's AB 939 consultant, and Council has approved contract extensions each year since 1998. The current contract will expire on June 30, 2009 and staff has determined that there are two alternatives available: 341 Two -Year Extension A two-year contract extension would provide for a reduced Scope of Services with HF&H and would bring a significant portion of the AB 939 related services in-house thereby providing significant savings in Fiscal Year 2009-2010 of $43,000 in the General Fund. Since the franchise agreement with Burrtec Waste and Recycling Services, LLC (Burrtec) allows for reimbursement of administrative costs incurred related to AB 939 compliance, programs and services, this would be an effective method to offset a significant portion of staff salary expense incurred by the General Fund. This alternative will also allow City staff to utilize HF&H's expertise in transitioning AB 939 services in-house. HF&H has been a valuable and cooperative partner and has a history and knowledge of La Quinta and Burrtec and this familiarity has produced positive results. AB 939 waste and recycling consulting services are a vital part of program implementation to ensure the City's compliance with the State's AB 939 mandate. The proposed reduced Scope of Services provides for a division of activities/programs relating to monitoring of current and newly implemented programs, as well as monitoring the City's waste contract. The Scope of Services (Attachment 1) has been included to show the proposed division of activities/programs between City Staff and HF&H and includes the following activities/programs: 1) on -going maintenance activities; 2) AB 939 reporting and other compliance activities; 3) publicity and public education coordination; 4) recycling coordination at large venues and special events; 5) residential non -controlled medication collection program research; 6) restaurant food waste program review (one- time program in FY 2008-2009); 7) commercial recycling program monitoring; 8) regional meetings attendance and reporting; 9) franchise administration/contractor compliance; 10) review of AB 939 fees and franchise fees; and 1 1) construction and demolition debris diversion program monitoring. Future one-time programs such as the restaurant food waste program would be handled in-house by City staff. The City's waste hauling and recycling contract requires Burrtec to reimburse the City for all costs associated with implementation and monitoring of their contract. Request for Proposals As an alternative, staff may prepare a Request for Proposals (RFP) to invite applications for AB 939 waste and recycling services for Fiscal Year 2009-2010 in an amount not to exceed $45,000. The proposed RFP document to obtain AB 939 waste and recycling consulting services is provided as Attachment 2. If this alternative was selected by City Council, the City Manager, or his designee, would appoint a Selection Committee consisting of the following members: Bret Plumlee, Assistant City Manager — Management Services, Doug Evans, Assistant City Manager — Development Services, Tom Hartung, Building 342 and Safety Director, and Oscar Santana, Management Analyst. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. Contingent upon City Council authorization to distribute the RFP on April 21, 2009, the following represents a timeline on how the process would proceed: City Council approves RFP document April 21, 2009 Staff issues RFP April 22, 2009 Proposal Due Date May 13, 2009 Selection Committee Reviews Proposals May 18, 2009 City Council Consideration of Recommendations June 2, 2009 City Council Approval of Contract June 16, 2009 If a new consultant is selected, it will likely take more time for the consultant to become familiar with the City and the Burrtec franchise agreement and will also reduce the possibility of performing as many of the tasks listed in Attachment 1 within the allocated budget of $45,000. City staff has discussed Section 1 1.2, "Contractor's Consideration Administrative Cost Reimbursement" in the Solid Waste and Recycling Franchise Agreement between Burrtec and the City. This section requires Burrtec to reimburse the City for administrative costs. The City's interpretation of this section is that it can submit for reimbursement of staff time in addition to consultant time for administrative expenses related to this agreement, and Burrtec has stated they are fine with this interpretation. City staff is seeking City Council's approval to consider extending the contract with HF&H for two years, thus allowing for a more efficient transition of AB 939 waste and recycling services in-house and achieving a significant General Fund savings. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to sign a two year contract extension with HF&H Consulting, LLC for AB 939 waste and recycling services for Fiscal Years 2009- 2010 and 2010-201 1 in an amount not to exceed $45,000 for each year; or 2. Do not authorize the City Manager to sign a two year contract extension with HF&H Consulting, LLC for AB 939 waste and recycling services for Fiscal Years 2009-2010 and 2010-201 1 in an amount not to exceed $45,000 for each year; or 343 3. Authorize staff to distribute a Request for Proposals for AB 939 waste and recycling services for Fiscal Years 2009-2010 and 2010-201 1 in an amount not to exceed $45,000 for each year; or 4. Do not authorize staff to distribute a Request for Proposals for AB 939 waste and recycling services for Fiscal Years 2009-2010 and 2010-2011 in an amount not to exceed $45,000 for each year; or 5. Provide staff with alternative direction. Respectfully submitted, —L�LCL // lel� Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Scope of Services 2. Request for Proposals for AB 939 Waste and Recycling Services 344 Attachment 1 Scope of Services City of La Quinta and HF& H Consultants Division of Activities/Programs Responsibility Activity HF&H City Consultants Staff On -going maintenance activities: HF&H • Track solid waste legislation, regulations, California Integrated Waste Management Board (CIWMB) policy decisions, and other solid waste issues pertinent to the City; • Discuss key legislative and regulatory developments with City staff during our regularly scheduled meetings; • Provide solid waste liaison assistance to residential and businesses; • Legislative and regulatory updates during regularly scheduled meetings; • Letters of support or opposition to pending legislation or regulations, if requested by the Assistant City Manager; • Written summaries of any technical assistance provided; • List of on -going maintenance activities included in the monthly status reports. Franchise administration/contractor compliance: HF&H • Review annual rate adjustment; • Review monthly and annual reports submitted by Burrtec; • Verify accuracy of AB 939 and franchise fee calculation; • Monitor reported trends in refuse, recyclable and green waste quantities collected; • Coordination and attendance at six meetings with City staff and Burrtec, including preparation of meeting agenda and attachments; • Diversion program trend analysis in the form of tonnage graphs for review at meetings with Burrtec and the City; • Contractor compliance checklist, updated as tasks are completed; • Memorandum -style report on review of the contract hauler's annual rate increase request. AB 939 Reporting and other compliance activities: HF&H • Prepare the City's AB 939 Annual Reports; • Respond to questions from CIWMB. Technical Support: HF&H • City staff will be assuming responsibilities for several tasks previously performed by the consultant. This task provides for very limited consultant time to provide support and answer questions from City staff that will be assuming the new responsibilities. Publicity and public education coordination: City • Preparation of newspaper articles; Staff • Development and monitoring of a public education and outreach schedule with Burrtec for each fiscal year. Recycling coordination at large venues and special events: City • Compliance with AB 2176 which requires recycling at large venues Staff and large events; • Ensure Burrtec prepares a "Waste Reduction and Recycling Plan" prior to each venue and event Residential non -controlled medication collection program research: City Staff • Review the program proposed by Burrtec to determine feasibility. Restaurant food waste program review: City • Review the program proposed by Burrtec. Staff Commercial recycling program monitoring: City • Review Burrtec's commercial recycling program efforts submitted Staff with their quarterly reports to ensure compliance with the contract. Regional meetings attendance and reporting: City • CVAG Solid Waste & Recycling Technical Working Group, the Staff County's solid waste task force, CIWMB, and other agencies as needed; • Attend meetings with agencies noted above; provide a written summary to the ACM of items that pertain to the City. Review of AB 939 Fees and franchise fees: City • Audit the gross receipts reported by the waste hauler to verify the Staff accuracy of the franchise fee and AB 939 fee payments remitted to the City of La Quinta; • Report any findings noted in the audit of franchise and AB 939 fees. and Demolition Debris Diversion Program monitoring: City Staff _Construction • Continue monitoring the voluntary Construction and Demolition Debris Diversion pilot program. "•. f,346 Attachment 2 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR AB 939 WASTE AND RECYCLING SERVICES PROJECT OVERVIEW: The City of La Quinta (City) is requesting proposals from qualified consulting firms or qualified individuals for AB 939 waste and recycling services. Proposers with demonstrated experience in AB 939 implementation and monitoring are invited to respond to this Request for Proposals (RFP). The consultant will assist the City in maintaining and improving upon its State mandated landfill disposal diversion goals. Changes in priorities, goals, and objectives may occur due to the changes in State and Federal legislation, California Integrated Waste Management Board mandates, and/or County policies, etc. SCOPE OF SERVICES: Attachment A contains the outline of the Work Plan. The final Scope of Services will be defined during the negotiation. Explain how achieving the Work Plan will be accomplished. Proposers may modify the Work Plan as needed; an explanation for the modification is required. For each program item and corresponding tasks, the proposing consultant should prepare cost estimates for labor and expenses. The consulting firm's proposals should identify all personnel working on this project with each person's name, title, and hourly rate, and direct or other miscellaneous expenses for each program and task. The contract will be for two years of services rendered for Fiscal Years 2009-2010 and 2010-201 1. MEETINGS: Meetings may occur on at least an every other month basis between the consultant and the City. Meetings will be designed to coordinate the programs and to evaluate and/or modify the program priorities, goals, objectives, and implementation tasks. All anticipated meetings, along with time and cost estimates, should be included with the proposal. Attach a total budget for meetings with the City, indentify the number of meetings, purpose and persons that should be present. It will be necessary for the consultant to coordinate meeting times with the franchised waste hauler (Burrtec). The expected coordination and meeting times, along with the costs, should be included with the proposal. 347 ROLE OF THE CONSULTANT: The consultant is expected to keep an open dialogue with the City to ensure compliance with AB 939 mandates. The role of the consultant is expected to be an extension of the City staff. The City is seeking a firm whose project team reflects "hands-on" experience in the field of AB 939 implementation, especially in a small city setting. In order to establish and maintain project continuity throughout the duration of the project, the consultant will identify one individual (Project Coordinator) that the City can contact as the primary individual for all project related needs. The City will identify one individual the consultant's Project Coordinator will contact for project related needs. The primary contact should not preclude other necessary City/Consultant lines of communication. AVAILABLE BUDGET/CONTRACT: The contract will be in an amount not to exceed $45,000 for Fiscal Year 2009-2010 and $45,000 for Fiscal Year 2010-201 1 for AB 939 waste and recycling services. It should be noted that the selected consultant will be required to carry Workman's Compensation, General Liability, and Errors and Omissions Insurance, and be required to obtain a business license. Proposals should include all costs with a budget that reflects all anticipated expenditures. For example, include in the proposal the cost for preparing, printing, and distributing a brochure; do not assume the City has the internal staffing and equipment resources to do so. City staff resources should be included in the proposal. EVALUATION OF PROPOSALS/SELECTION PROCESS: Proposals will be reviewed by a Consultant Selection Committee (Committee). The Committee will rank the consultants using an ordinal system based upon the proposal materials submitted within the Work Plan as well as other requirements mentioned in this RFP. The Committee may or may not choose to interview two or more closely - rated firms. The City will open contract negotiations with the top -ranked firm. Upon Committee review, a recommendation will be forwarded for City Council consideration at the June 2, 2009 City Council meeting. The successful consultant will be expected to enter into a Professional Services Agreement. 348 Anticipated Project Timeline: Staff issues RFP April 22, 2009 Proposal Due Date May 13, 2009 Selection Committee Reviews Proposals May 18, 2009 City Council Consideration of Recommendations June 2, 2009 City Council Approval of Contract June 16, 2009 CITY RIGHTS AND OPTIONS: This solicitation does not commit the City 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 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 Proposers may be required to submit revisions to their statements. All Proposers 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 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 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 Proposer for any costs or damages arising out of its response to the RFP. CONTACT: All questions regarding the RFP should be directed to the person below in writing by May 5, 2009, 5:00 p.m., Pacific Standard Time (PST). Questions regarding this RFP will no longer be accepted after 5:00 p.m. May 5, 2009, PST. Mail: Bret M. Plumlee City Manager's Office City of La Quinta 349 P.O. Box 1504 La Quinta, CA 92247-1504 Email: bplumlee@la-guinta.org Fax: (760) 777-7101 SUBMITTAL REQUIREMENTS FOR PROPOSALS: The entire proposal should not exceed twenty (20) pages in length, including resumes of persons involved in the project implementation and coordination, work samples, and reference list. Send six (6) copies of your proposal to: Bret M. Plumlee City Manager's Office City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Written proposals are due time stamped by 5:00 p.m. (PST) at the La Quinta City Hall on May 13, 2009. 350 WORK PLAN — ATTACHMENT A A. On -going maintenance activities: • Track solid waste legislation, regulations, California Integrated Waste Management Board (CIWMB) policy decisions, and other solid waste issues pertinent to the City; • Discuss key legislative and regulatory developments with City staff during our regularly scheduled meetings; • Provide solid waste liaison assistance to residential and businesses; • Legislative and regulatory updates during regularly scheduled meetings; • Letters of support or opposition to pending legislation or regulations, if requested by the Assistant City Manager; • Written summaries of any technical assistance provided; and • List of on -going maintenance activities included in the monthly status reports. B. AB 939 Reporting and other compliance activities: • Prepare the City's AB 939 Annual Reports; and Respond to questions from CIWMB. C. Franchise administration/contractor compliance: • Review annual rate adjustment; • Review monthly and annual reports submitted by Burrtec; • Verify accuracy of AB 939 and franchise fee calculation; • Monitor reported trends in refuse, recyclable and green waste quantities collected; • Coordination and attendance at six meetings with City staff and Burrtec, including preparation of meeting agenda and attachments; • Diversion program trend analysis in the form of tonnage graphs for review at meetings with Burrtec and the City; • Contractor compliance checklist, updated as tasks are completed; and • Memorandum -style report on review of the contract hauler's annual rate increase request. D. Technical Support: Consultant will be asked to provide technical support to City staff to provide support and answer questions from City staff. 351 REPORTS/INFORMATIONAL ITEM: go 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 February 19, 2009 This meeting of the Historic Preservation Commission was called to order by Chairwoman Puente at 3:03 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Redmon, Sharp, Wright, and Chairwoman Puente Absent: Commissioner Wilbur Staff Present: Planning Manager David Sawyer, Recreation Supervisor Tustin Larson, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Sharp/Redmon to approve the minutes of January 29, 2009, with the following correction: Page 5, Item C, paragraph 14, should be changed to read: Commissioner Wright said Shea Homes had a good track record of being very sensitive to historically significant sites and artifacts. There being no other changes it was unanimously approved. 3,52 Historic Preservation Commission February 19, 2009 V. BUSINESS ITEMS: A. Phase 1 Review of City Historic Sites Map Applicant: City of La Quinta Consultant: Planning Staff Location: City-wide Planning Manager David Sawyer presented a mock-up brochure with suggested information/photos of the City's historic sites as previously suggested by the Commissioners. He then offered to answer any Commissioner questions. Commissioner Sharp commented on an article in The Desert Sun about Old Town La Quinta's website, and suggested adding the map to that website. Staff said it could not be added as it was not a City website. Recreation Supervisor, Tustin Larson was introduced and he explained his involvement with the design and update of the City's current Art, and Bike Maps. He explained the procedures staff would be following to prepare and complete the Historic Sites map. He also described how long each step of the process would take as well as budget considerations. Planning Manager Sawyer said staffs_ goal was to have the brochure ready to go at the beginning of the next fiscal year, with anticipated completion by the end of July. Discussion followed on various items shown on the map and it was noted that this would be a driving, not walking, map. The following items were discussed: • How and when updates would be brought back to the Commission. • How the Commission would be notified if there was a change or delay in preparing the map. • Making City Hall the starting point of the map. • There should only be about 10 items on the map. • There should be a brief note under each item title. • Suggested the photos include a caption which states the original name and reference to current name; i.e. formerly the Desert Club, now Fritz Burns Park. • Suggested the addition of a simple timeline, which could be obtained from the City's Museum staff. 353 Historic Preservation Commission February 19, 2009 • Suggested the map be kept as simple as possible since it would be used by people unfamiliar with the area. • Suggested the owners, of each identified property, be notified of their inclusion on the map. • Suggested the following items should be added: o The Museum, so the public could be directed to them for more detailed historical information. o The older portion of the Museum building, which was the development company for the Cove o A note about the casitas in the Cove with a reference to the lumberyard and its ties with the Desert Club. o Old Town La Quinta as a point of interest on the map and the possibility of including their website. o A note on the plaque which is located at the Palm Desert National Bank (PDNB). The Commissioners were in agreement on the title photo and the fact that staff was heading in the right direction. They asked if they would continue to receive updates on the brochure. Staff replied they would. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Update on California Preservation Conference — Palm Springs, California — April 16-19, 2009. Planning Manager Sawyer referred to the packet enclosure and said the City would provide the registration cost and make car pool arrangements. Commissioner Sharp asked where the Conference was actually being held. Staff said they did not have that information presently but would be updating the Commissioners as soon there was more information available. Staff discussed the printed material and pointed out there were various sessions the Commissioners could attend. Commissioner Redmon asked if they could submit their suggested session lists to staff for reservations. Staff responded they could. Commissioner Wright commented he would be unable to attend the Conference as he would be out of town on those dates. 354 Historic Preservation Commission February 19, 2009 VII. COMMISSIONER ITEMS: A. Confirmation of Attendance for City of Rancho Mirage Recognition of Designated Sites on February 24, 2009. Staff commented that Commissioner Wilbur wished to attend this presentation. Commissioner Redmon said she would be attending and they could carpool. B. Chairwoman Puente asked about sending a welcome letter, on behalf of the Commission, to the California Preservation Conference. Staff stated a letter had already gone out under Mayor Adolph's signature and that should suffice. The Commissioners agreed. Vill. PLANNING STAFF ITEMS: A. There was a question about the La Quinta Hotel update; what was happening with it and when it would come before the Commission. Ms. Wiedmaier from The Desert Sun, commented there would be a meeting at the La Quinta Hotel on February 22, 2009, at 3:00 p.m. with a presentation of the proposed changes. Planning Manager Sawyer said, as part of the total application, the Commission would be reviewing archaeological, paleontological, and historical reports. He anticipated the reports would be completed and scheduled within the next several months. There was general discussion of what the changes might be and staff advised the Commissioners that the information they were concerned about would be included in the historic report. The Resort is proposing some significant changes which will be included in the reports. Planning Manager Sawyer said there has been discussion about the creation of a historical district. Commissioner Wright asked if the Cove District would be included and staff responded it would only involve the Resort and those portions of it which would qualify for the State or National Registries. 355 Historic Preservation Commission February 19, 2009 X. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp/Puente to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on March 19, 2009. This meeting of the Historic Preservation Commission was adjourned at 3:50 p.m. Unanimously approved. Submitted by: Jw �dd'L CarolyK Walker Executive Secretary ,...:i 356 REPORTS/INFORMATIONAL ITEM: a--1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 24, 2009 I. CALL TO ORDER 7:02 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer Principal Planner Stan Sawa, Assistant Planner Yvonne Franco, Consultant Nicole Criste, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of January 27, 2009. There being no changes, or corrections, it was moved and seconded by Commissioners Wilkinson/Weber to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Draft Environmental Impact Report, Site Development Permit 2006- 875 Conditional Use Permit 2007-105, and Tentative Parcel Map 35088; a request by Mayer Villa Capri, L.P. for consideration of 1) Site Development Permit 2006-875, for approval of a Site Development Permit consisting of a retail and medical office complex 351 Planning Commission Minutes February 24, 2009 on 25 acres to allow construction of approximately 234,450± square feet of building area; 2) Conditional Use Permit 2007-105, to recommend approval to allow a convalescent/rehabilitation facility use; and 3) Tentative Parcel Map 35088 approval of a Tentative Parcel Map to divide 25± acres into ten parcels located on the north side of Fred Waring Drive, between Washington Street and Palm Royale Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any comments from the Commissioners. Commissioner Barrows commented on the questions included in the EIR; and asked if the conditions were incorporated by reference. Staff responded they were. Commissioner Weber asked for discussion/comment on the Public Works memo which was distributed at the meeting. Staff directed the Commission to Principal Engineer Wimmer who explained the conditions included in the memo. Commissioner Quill asked about the deceleration lanes. Principal Engineer Wimmer pointed out the location of the deceleration lanes and explained the changes discussed in the memo; including the correction to 87 feet. Commissioner Quill asked if there was only one deceleration lane on Fred Waring. Staff said yes. Commissioner Quill asked why there were not three deceleration lanes on Fred Waring. Principal Engineer Wimmer responded the traffic study prepared by the applicant was reviewed by staff and it was determined there was not a need for those decel lanes per the peak hour traffic count. The condition was written to include the right -turn lane on Fred Waring Drive, but none on the other two driveways. Commissioner Wilkinson asked how there could be 50 vehicles at the westerly entrance but not at the center and easterly intersection. Planning Director Johnson said a lot of it has to do with the different land uses and explained how the determination was made. 358 Planning Commission Minutes February 24, 2009 Commissioner Wilkinson asked if staff was referring to future, not present, traffic. Staff replied yes and said the improvements were identifying the conditions of the deceleration lane and explained what would be included in the future traffic movement. Chairman Alderson commented there are two other contributing factors; one being a signal at Palm Royale Drive, and the other being the medical driveway, which would not get the use a commercial driveway would. Staff confirmed the commercial would be a higher usage than the medical driveway. Staff introduced Consultant, Nicole Criste, who was the author of the draft EIR. She stated the comment period was still ongoing. All of the comments made tonight would be editorial and administrative and have no impact on the analysis. They would be added to the comments by Ms. Rose. Chairman Alderson asked if the grocery store was to be included in the project. Staff said it was still proposed to be a grocery store. Chairman Alderson asked if there were any questions of staff. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Larry Brose, Mayer Corp., introduced himself and gave some background of his firm. He went over some of the slides that had been presented and pointed out the retail, versus the commercial, sites. Larry Brose said staff had comments about the density of the retail site and that is why the layout had been changed to include an angle for the market site. He added they pushed the drug store back. He commented on the driveways and the deceleration lanes. He said they all met the City's standards. He pointed out where the delivery trucks would be entering and exiting. He wanted to point out the improvements on Fred Waring and the fact they would be able to save some of those improvements. They did look at this as one site through the use of shared elements and design standards; with the idea being it would appear to be one project, not two. Mr. Brose commented on the design, which was done by Prest-Vuksic Architects, made note of the desert contemporary four-sided 359 Planning Commission Minutes February 24, 2009 architecture with pop out walls and design elements of the buildings which created spirit and excitement in the development. He commented on the CVS pharmacy and the Living Waters Medical/Professional Center and gave a little background of the medical tenant. The center building would be two stories. He described the architecture which included recessed elements and said the architectural style was well suited to the desert environment. Mr. Brose said he had concerns regarding several of the conditions of approval for the Site Development Permit as follows: Condition number 91: addressing the height of the medical building in the back, closest to Palm Royale Drive. The condition eliminated the second story of the building, and reduced the floor area by ten percent and imposing negative effects on the economic viability of the project. The applicant studied the impact of the building on the neighboring residential developments and pointed out that the building was set back a lot further than required. He commented on the protection the existing wall provided, which backed up to the residences, and gave examples of the line of sight view for each of the first four residences and the impact on each home. He also explained what the view would be from Palm Royale and Rome Drives. He then asked the condition be changed to allow a two story building. Condition number 41: addressing the required offsite improvements for the projects identifying what they were and when they were to be installed and whether the City or the applicant was responsible for the improvements. He explained the language used for the condition was a bit open-ended and gave room for interpretation. He asked the Commission to modify the language establishing that the applicant be reimbursed for costs incurred on installing improvements that other parties are conditioned for. Condition number 65: requesting it be changed to say the City will issue final occupancy permits of habitable structures when streets and sidewalks are improved. He explained they needed to obtain the temporary certificate of occupancy in order for the buildings to be fixtured and be able to put in the interior 360 Planning Commission Minutes February 24, 2009 workings of the building. Condition number 80: stating the commercial complex and medical office complex projects shall be considered separate projects for plan checking. He noted the two projects were linked with regard to grading, the installation of the backbone utilities infrastructure and streets. He said it would be more efficient to submit only one set of final design/engineering plans for review for both projects instead of two separate sets which could possibly create some conflicts in terms of synergy and timing during the review process. Thus, he requested the condition be eliminated. Condition number 98: asking the Commission to clarify the location of the entry monument sign for the project. He explained there was an inconsistency in the staff report requesting the sign be placed on the northeast corner of Fred Waring Drive and Washington Street. However, the applicant found it more feasible if the sign was placed on the southeast corner instead. Condition number 101, Mitigation Measure 3: requiring all structures within the proposed project to demonstrate energy efficiency exceeding the standards of Title 24 of the U.B.C. by twenty percent. He said the EIR study addressed the air quality impacts and it was established there were significant impacts during the construction of the project, but not during its operation. He asked the Commission to reconsider the condition and hold the applicant liable only to the established building codes at the time the building permit is issued. He noted there was no City policy to justify imposing an arbitrary twenty percent standard over Title 24. He felt these were onerous and arbitrary and explained why. Mr. Brose discussed the water features. He said the half moon fountain was the focal point of the Living Waters Medical Center. The water features were no more than twelve inches deep with a sheer wall to minimize evaporation. He said he did not have the pump standards and efficiency levels, but he assured the Commission that at the minimum the water features would meet the City's water efficiency standards. 361 Planning Commission Minutes February 24, 2009 Mr. Brose said he would like to have Mr. John Vuksic address an eighteen inch height discrepancy with the CVS building as it was not his expertise. Mr. John Vuksic, Prest Vuksic Architects, 46311 Goldenrod Lane, Palm Desert, introduced himself and referenced condition of approval 96 for the Site Development Permit application addressing the 27-1 /2 feet height of one of the architectural elements of the drug store; which was requested to be 26 feet. When it was designed they used 27-1/2 feet since it was well balanced with the two adjacent elements and aesthetically pleasing in terms of the three dimensional quality of the building. He then explained the design elements of the building and why the height was necessary. He requested the Commission leave the element at 27-1/2 feet. Mr. Brose said the above were all of the applicant's concerns and noted his whole team was there to answer questions the Commission might have. Commissioner Barrows asked what energy efficiency efforts were going to be used. She expressed her concern with the amount of glass on the building and the fact that the plans did not indicate that it was protected by any shading structures. She added there was no coverage provided by the landscaping as well. She noted the project was not pedestrian -friendly and wanted to gain insight on how the pedestrian scale of the project could be enhanced. Mr. Brose commented on the pedestrian scale. He said staff had asked them, early on in the process, to incorporate a pedestrian friendly connectivity and ambiance between the two projects. He pointed out various features in the commercial site which would draw the pedestrians from the medical to the retail side; as well as the nearby neighborhoods. He added there was a full ADA access accommodated in the project. He noted it is not a lifestyle center, it is a neighborhood center. Commissioner Barrows asked how the medical portion of the project would enhance the retail portion of the project. Mr. Brose commented the design of the architecture and the landscaping of the project was planned in a manner to reduce the visual mass of the building and make it more inviting. 362 Planning Commission Minutes February 24, 2009 Commission Barrows said the water feature in the entry area on the east side did not have a function as it didn't have the appropriate landscaping, or design, to attract interactive connectivity with the patrons of the center. She commented the landscaping of the Living Waters Medical Center building entry area needed to be enhanced. Mr. Brose said her comment had been noted. He explained the name of the company was Living Waters and the use of the water feature blended in with the name. Commissioner Barrows said it seemed like all the rehabilitation took place inside the building and she felt the outer grounds area around the water should be enhanced and made pedestrian friendly. Commissioner Quill stated he had the exact same comment. He explained the Commission was not favorable of water features that had no purpose and only looked good. He said the fountain was inaccessible and served no benefit to the pedestrians and patients walking around the building. He added the feature at the other corner was even less accessible and he suggested the use of a piece of artwork which would be lower in maintenance costs and would create the same aesthetic affect. Commissioner Weber suggested moving the water feature closer to the entrance of the building where it would be more interactive. Mr. Al Burghard, Principal with Burghard Design Group located in Menifee, CA introduced himself and addressed the central water feature. He said it was placed in a way so that it would be the focal point at the Fred Waring Drive entrance. Secondly, he noted its use as a security feature. He used the example that if someone came into the driveway and picked up speed they would not be able to enter the building. With regard to enhancing the entry area and making it more pedestrian friendly, Mr. Burghard pointed to a grouping of plants by the front which he explained were raised planters with seating areas all the way around them, as well as the seat wall around the front side of the water feature. Chairman Alderson asked staff to show slides of the water features. Mr. Burghard pointed out where the seating was and the areas surrounding the water features. 363 Planning Commission Minutes February 24, 2009 Chairman Alderson echoed Commissioner Weber's suggestion of making the water feature multi -purpose by moving it closer to the building, and taking it out of the traffic circle to make it accessible to pedestrians without having to go trough traffic. Mr. Burghard said the suggestion had been noted and would be taken into consideration. Commissioner Barrows expressed her concern that the water feature, in its current design, would use and pump a lot of unnecessary water and provide no benefit as it was surrounded by driveways. She gave an example of a sculpture used in the project with water coming down which would give a similar effect, but the water use would be a lot more conservative. She reiterated that the Commission's desire was to have the water feature be part of a park -like feeling, or not be there at all. Mr. Burghard acknowledged her concern and explained the water feature was only twelve inches deep, the water would be circulating constantly, and the evaporation would be minimal. Commissioners Barrows and Quill both said they would be interested in seeing some redesigns of the water features. Mr. Burghard addressed the energy efficiency of the building. He said the new building codes were effective as of January, 2008 and would stay in effect for at least two years. He stated their goal was to always exceed the requirements of Title 24 whenever possible, but exceeding them by twenty percent was very difficult. He said the materials and building designs that would be used would allow them to exceed Title 24 by approximately ten to fourteen percent. He described the different energy efficiency efforts they had made on this project. Commissioner Barrows asked about the shade requirement on the second story windows. Mr. Burghard explained the heat would be mitigated substantially through the use of "E" glass and by the fact that the windows were set back four feet. The windows on the first level already had shade devices. Commissioner Barrows inquired about the large expanse of glass in the central area. Mr. Burghard replied there was a two-story lobby on the south side and the glass would extend all the way up to the roof. He 364 Planning Commission Minutes February 24, 2009 explained they mitigated the heat by designing the roof to overhang the face of the building by a substantial margin. Commissioner Weber asked if the applicant was referring to having package roof systems for HVAC and, if so, what were the calculations. He also inquired as to whether they had looked into any of the incentives offered in regards to an energy efficient building. Mr. Burghard replied the engineering had not yet been started for the project. Commissioner Weber stated the City of La Quinta was trying to be a model in regards to energy efficient building. He said Title 24 would be subject to an increase by the end of the year. He commented on the water feature agreeing with Commissioner Barrows that it needed to be made accessible to pedestrians and that would not be possible if the fountain remained in its present location. He suggested the use of a raised median with an Art in Public Places art piece in place of the fountain. Commissioner Weber said he had questions regarding the covered parking. Mr. Burghard replied the design on the shade structure had not yet been initiated; however, he would be working closely with staff to ensure compliance. Chairman Alderson asked if the shade structures design would be submitted along with the Final Landscaping Plans. Mr. Burghard said he was not sure if they would be submitted at the same time. Usually, the shade structure lagged a little bit behind. Commissioner Weber encouraged the applicant to consider possibly incorporating solar into the shaded parking structure. He inquired about the mass transit accessibility, the way the patients would be arriving to the facility and about the fact that the number of parking spaces exceeded the requirements. Mr. Burghard explained the reasons the rehabilitation facility located at the flagship building was over -parked. Commissioner Weber asked about the medical component of the project, since the tenants have not yet been identified, whether or not it was a partnership, a hospital affiliation, or a potential tenant. Mr. Brose replied the negotiations needed to be kept confidential. 365 Planning Commission Minutes February 24, 2009 Commissioner Weber asked if a Certificate of Need would be required to establish the outpatient surgery center. Consultant Criste said the Certificate of Need was not required. Commissioner Weber inquired about mass transportation accessibility for the public including senior citizens, and accommodations for the neighborhood children. Mr. Brose said the applicant had been in contact with SunLine and explained where the bus stop would be located. He added they would be adding anything required by code. He also pointed to the ADA access points and stated that bike racks would be provided as well. Commissioner Wilkinson asked about the twenty percent efficiency and the potential solar on the parking structure and whether or not there were any provisions for the solar application on roofs. Mr. Brose replied they would do what the code required and that they had not gotten that far down the road on design. Commissioner Wilkinson encouraged the applicant to use solar as it would be a step in the right direction. Commissioner Wilkinson asked Mr. Brose to explain his comments on condition 98. Mr. Brose asked the site plan of the project be displayed and showed the possible corner locations for the sign. Planning Director Johnson said the General Plan identified an entry sign at the northeast corner; however, staff concurred with what the applicant brought forth in that the southeast corner would be the most appropriate site for the entry sign. He mentioned that, on the southeast corner, the City did not have sufficient right-of-way or public area for it. Commissioner Quill asked if the City could acquire the space for the sign. Staff explained the situation and the procedures which would have to be followed to allow for the monument sign. Chairman Alderson asked if the applicant would be financially responsible for acquiring the additional right-of-way and for placing the sign in the future. Planning Director Johnson explained the steps which would be taken to acquire the sign. Commissioner Wilkinson noted he was having a difficult time getting past the omission of the deceleration lane at the intersection of Fred 366 Planning Commission Minutes February 24, 2009 Waring and Palm Royale Drives. He felt the deceleration lane was necessary. He commented on the daily traffic situation in the area and questioned the justification for not requiring that lane. He was very concerned about the possibility of accidents in the area due to the great amount of traffic and the hazard of not having the deceleration lane. Commissioner Quill echoed Commissioner Wilkinson's concern in regards to not requiring a deceleration lane. He gave the example of the JFK Center on Washington Street since it was the same exact use and commented on the fact the inclusion of a deceleration lane would have eliminated the traffic problem there. He said that, based on the traffic study submitted, a deceleration might not be required but a different study might indicate otherwise. Commissioner Wilkinson noted he shared the same concerns regarding the water features as the other Commissioners because it was pedestrian friendly. Commissioner Quill stated he had already voiced his concerns and he would not approve the water feature in its current design. He said it needed to be a pedestrian friendly, multi -use water feature, and it should be reduced in surface area, pumping capacity and water consumption. Commissioner Quill asked if the tenants had already been identified. Mr. Brose replied the leases were in the works, but currently nothing had been executed. Commissioner Quill questioned the phasing of the projects and what was scheduled to go in first. Mr. Brose explained there would be mass grading on both project sites and the backbone utilities infrastructure would be installed at the same time. Commissioner Quill asked if all the parking would be paved at that time. Mr. Brose replied the underground storage would have to be built first which might trigger the build out of the parking in the early phases. He explained the smaller tenant did not want to move in until the bigger tenants were already in. Also, they still needed to work on the final engineering, the mapping, and the packaging of all the documents in order to obtain the final approvals from the City. 367 Planning Commission Minutes February 24, 2009 Mr. Brose explained how the leasing of a commercial center is usually done. He then laid out the plans they would follow to build the center. He said there would be a major grocery store going in as well as CVS. Also, they were in communications with the medical entities. Chairman Alderson voiced a concern that the architect had provided elevations only on the two-story medical building and none for the other buildings. He emphasized the importance of coordinating closely the architecture for the rest of the buildings in both the commercial and the medical centers. He referenced lots seven and eight of the medical center where the retention basin was located and asked if the applicant could put in amenities and make it a people friendly environment. Mr. Brose replied that it would be complimentary. Commissioner Alderson asked if there would be any legal ramifications with having the retention basins split across two different lots. Mr. Brose said he was not aware of any. Commissioner Alderson suggested fencing the retention basins along the public sidewalk to keep kids, walking by, from entering. He commented on the wrought iron fence in the area. Mr. Brose said he would prefer not fencing the retention basin. He said it was prison - like with the existing fencing in the adjacent areas. Commissioner Alderson said he was only referring to the area of the retention basin and there was some public liability involved. Commissioner Weber asked if there was a significant elevation change. Mr. Brose pointed out where the retention basin was and there was a difference of about five feet. Commissioner Weber said fencing the retention basins was a good suggestion. Commissioner Alderson stated staff had suggested either a berm or a thirty inch high screen wall around the perimeter of the property which had not yet been discussed. He said the Commission would like to have a wall there. Mr. Brose asked if he was referring to screening the parking lot. Planning Director Johnson clarified that it was condition 83 and referenced fencing the parking lot wherever it was up against the perimeter property line. Planning Commission Minutes February 24, 2009 Commissioner Alderson asked Consultant Nicole Criste to explain her interpretation of Title 24 and the twenty percent mitigation measure. Consultant Criste said the twenty percent mitigation measure was not tied directly to the traditional air quality analysis, but rather to the greenhouse gas analysis included in the EIR. Thresholds have not yet been identified by the State, but some of the transportation -related programs addressing reduction of greenhouse gases were ranging in the twenty percent range. Further, under AB 32, the City is required to lower its greenhouse gas emissions to 1990 levels by 2020. This is why the twenty percent mitigation measure was included. Commissioner Weber commented the above was also in relation to SB 375. Consultant Criste said SB 375 was more transportation -related. This mitigation measure was purely to address greenhouses gas emissions associated with the project relating to AB 32. Chairman Alderson asked if the ten percent proposed by the applicant was sufficient. Consultant Criste replied that any reduction over Title 24 was a positive reduction. If the applicant believed they could accommodate fourteen percent as indicated, she suggested changing the condition to reflect fourteen percent. Commissioner Barrows asked if the change in the percentage of the mitigation measure would have an impact on the conclusions of the EIR and if reducing it would be sufficient to meet the new thresholds. Consultant Criste replied the reduction would not require the re- circulation of the EIR and since there weren't any current thresholds there wasn't a set mitigation percentage. Commissioner Barrows inquired about the EIR and some of the emission reduction opportunities. She said she would like the project to be designed to incorporate public transportation opportunities and asked if that was a mitigation measure. Consultant Criste replied the mitigation measures included a whole menu of potential strategies, ranging from transportation management strategies to grading strategies designed to be implemented to the greatest extent possible. Commissioner Weber said the electricity utility did have design assistance for any new building. This was a new construction energy efficiency program encouraging ten percent reductions above Title 24, 369 Planning Commission Minutes February 24, 2009 which also were accompanied by financial incentives. He said he was pleased that the utility was moving forward in that direction and was providing opportunities to make the mitigation a lot easier to obtain. Chairman Alderson asked about design and color of the awnings on the front of the buildings. Planning Director Johnson replied the developer was conditioned to identify the color palette that would be available for the tenants to choose from and that awnings were to be established on all of those locations. The tenants would have to adhere to an administrative review prior to installing the awnings. There is a strong aesthetic value but also a strong shading value. Commissioner Barrows , questioned the significant amount of extra parking provided by the developer above the 415 spaced required by the City. She suggested the parking spaces be reduced and the space be used for outdoor amenities instead. Mr. Brose responded the plan had gone through a lot of iterations. On the retail side there were very strict parking requirements; so we have some tenant considerations. On the medical side the difference was due to the change in use of the building from medical to a rehabilitation center. Mr. Marvin Roos, MSA Consulting, explained the City's parking requirements for a medical use. He said the Code did not specify parking requirements for a rehabilitation center. He described their philosophy and layout of the parking. He added they increased the size of the retention basin and that the extra parking had been apportioned throughout the site. He said they found the projects to be adequately parked and explained why. Commissioner Barrows commented that she quoted the wrong number of extra parking spaces earlier and that in fact the actual number was quite significant. She said the extra unnecessary parking took away from the feel of the project and did not encourage the use of alternative transportation as well as the pedestrian -friendly atmosphere the Commission was pushing towards. Chairman Alderson noted that if the designated use of any of the buildings were to change in the future the applicant would already have accommodated the possibly greater parking requirements. Staff 310 Planning Commission Minutes February 24, 2009 explained what would happen if one of the building uses was changed. Staff suggested the applicant be permitted to ensure enough spaces to allow that possibility and explained the calculations of the parking areas. Chairman Alderson asked if Staff was referring to the alternative use. Staff gave an explanation of how the parking requirements had changed. Commissioner Alderson asked if the calculations covered both projects. Staff responded it did and then explained the parking calculations. Commissioner Barrows wanted to clarify there would be an excess of 134 parking spaces on the medical portion of the project. Staff confirmed. Commissioner Quill asked the applicant if they would comply if the Commission conditioned them to relocate the water feature. Mr. Brose replied he would concede to the water feature located at the corner of Fred Waring and Washington Drives. He said they would be flexible. Commissioner Quill asked if the applicant agreed to present to the Commission the re -designed water features. Mr. Brose replied he would as long as they could move forward with the project at this time. Planning Director Johnson said the Commission had the authority to decide whether this would be done as an administrative approval or returned to the Commission as a business item. Mr. Brose asked if the final landscape plans would be coming back to the Commission. Staff clarified. Chairman Alderson asked if there was any public comment. Mr. William Brogan, 43820 Milan Court, La Quinta, California, introduced himself and said he lives directly across the street from the project and pointed out his home's location. He said he had a longer line of sight, with a smaller angle, and explained how the second story building would affect him. He added, the further you go back the more you can see. He requested the Commission not allow the second story. 311 Planning Commission Minutes February 24, 2009 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson said he had no additional concerns other than the ones discusses which included the water feature and the deceleration lane on Fred Waring. He added he wasn't sure what the impact would be regarding the two-story line of sight issue as he didn't know what type of vegetation was to be included. He emphasized his biggest concern was the deceleration lane and asked if staff was satisfied with that condition. Principal Engineer Wimmer replied the traffic study had been reviewed and approved by the Public Works Department and the identified threshold did not require a deceleration lane. The Commission could look into seeking advice from Council to condition this or request the applicant to change the plan. Commissioner Quill referred to the dual glazed, tinted windows used for the two-story lobby at the Living Waters Medical Center. He wanted to find out if the addition of awnings would even make a difference. He asked if additional shading would have an impact if the quality of the glass is that high already. Because if it wouldn't he did not want to continue asking applicants and developers to install awnings in the future. He had further comments on shading, awnings, and architectural integrity. Commissioner Quill stated his big concerns with the project at hand were the re -design of the water feature in front of the Living Waters Medical Center, and the deceleration lane on Fred Waring Drive, especially because the turn would be after a signal. He commented he was pleased that the applicant had agreed to replace the corner water feature with a possible Art in Public Places feature. He said he did not have a problem with the height of the building extension exceeding the 26 feet. Commissioner Barrows said she would like to see a deceleration lane as, from a common sense point of view, the traffic in the area would become a problem. She noted the applicant's efforts to provide for pedestrian pathways, but her concern was that she didn't see any pedestrian opportunities anywhere on the site. She said the trend the City was promoting was a multi -use type facility enhancing public spaces encouraging people to go to them. She did not like the idea of 312 Planning Commission Minutes February 24, 2009 keeping the extra parking spaces instead of using them to build pedestrian scale, public -friendly gathering areas. She said she supported a limited water feature with an opportunity for folks to enjoy it. She would like to see the re -designed plans come back to the Commission for review. She suggested the applicant take advantage of the natural desert dunes and shape them into perimeter mounds rather than installing a wall or berms. Commissioner Weber complimented the general layout and the building style of the project. He said the water feature needed to be moved back closer to the building, it needed to be more interactive, and the volume needed to be mitigated to comply with energy efficiency and environmental stewardship. He said he appreciated the public comment regarding the line of sight and expressed his hope that staff and the applicant would look into the issue and find a way to mitigate the impact so the nearby resident would not be adversely affected. Commissioner Weber said he agreed a deceleration lane was needed from a safety standpoint. He stated he would like to allow the applicant to build the second story of the building, but at the same time he was sensitive to the line of sight issue and was hopeful that it could be worked out. He mentioned condition 41 regarding reimbursement of additional off -site improvements and said staff needed to weigh in on it. He addressed the sign location issue and said it would be more appropriate to have it at the location proposed by the applicant, but that would be a problem if the necessary property for that could not be secured. Commissioner Weber said he was pleased with condition 101 regarding air quality and its requirement for a greater level of compliance with Title 24. He stated he agreed with Commissioner Quill that the change in the height of the building extension from 26 to 27-1 /2 feet was not significant. He touched on condition 80 and asked for staff's input whether or not two sets of plan checks were necessary or if the applicant could be accommodated and required to submit only one set. Commissioner Weber said he agreed with Commissioner Barrows on her concerns regarding the walkability, sustainability, and environmental stewardship of the project as he hoped for it to stand the test of time twenty years from now. 313 Planning Commission Minutes February 24, 2009 Chairman Alderson thanked everyone for their patience. He said this was a very complicated and important project for the City of La Quinta and the Commission wanted to ensure that it was reviewed well. He concurred with Mr. Brose that it would be a good idea for the temporary occupancy permit to be issued earlier. Chairman Alderson commented regarding condition 81 asking for the plans for the two projects to be plan checked separately. He said if he plans were ready to be submitted and said he did not see a problem to do the plan check on both projects simultaneously. He stated he was pleased with the mitigation measures exceeding Title 24 requirements. Chairman Alderson mentioned that the photometrics for the parking lot lighting were not available at this time, but they would be submitted at a later time. Planning Director Johnson said the project was currently conditioned to have an administrative review of the fixtures and photometric plan. Chairman Alderson said he concurred with the other Commissioners on the comments regarding the water feature. It needed to be pulled back closer to the building and re -designed. He wanted the Commission to review it again along with the final landscaping plans for the project sites. Staff noted the Commission would have to recommend to Council to add the condition for the project to come back to the Commission for a second review. If the condition was upheld by Council, the project would be presented to the Commission as a business item. Commissioner Alderson commented that the deceleration lane was a very good idea and would allow patients and patrons to move into the deceleration lane. Commissioner Alderson said placing the sign at the location proposed by the applicant was a great idea. He asked if the Commission conditioned the applicant to place it there, would it impose a financial obligation or would it be just a suggestion. Planning Director Johnson replied the condition currently was encumbering the applicant to merely secure the corner space for a sign to be established, it did not pose any financial obligation. He added this condition was a matter brought forward a couple of years ago when it was considered by the ALRC. He said when staff recently revisited the matter, as stated earlier, staff concurred with the applicant's position. The issue, as pointed out by Commissioner Weber, was that the City did not have the area nor the sign designs established. Chairman Alderson said 314 Planning Commission Minutes February 24, 2009 depending on the Commission's and Council's decisions, at some point in the future staff would have to come up with a sign design and the funds to establish the signs, but it would not be something that would transpire in the next couple of years. Chairman Alderson asked about the entry sign contemplated by Council to be placed on Washington Street. Planning Director Johnson referenced the two large entry signs on the east and west City limits located on Highway 111. He explained that other than those two the City did not have other entry signs except for the standard two -toned green signs. Therefore, the City would have to work something out in the future. Chairman Alderson thanked the applicant for being flexible and agreeing to change out the corner fountain with artwork. Mr. Brose wanted to make a comment. Chairman Alderson said the public hearing portion of the meeting was closed. Assistant City Attorney Houston informed the Commission that the public hearing could be reopened. Chairman Alderson reopened the public hearing. Mr. Brose asked if the Commission was going to make a recommendation on the two-story building and in regards to Title 24. Chairman Alderson replied the recommendations would be made in the upcoming hearing. Chairman Alderson closed the public hearing. Planning Director Johnson wanted to clarify that the Commission could comment on the mitigation measures, they could not make a definitive recommendation and take any formal action on the draft EIR. Consultant Criste said her comments were in the same line as staff's. She asked if the Commission wished to make a recommendation to make it separate from their motions on the project and she asked they include in the recommendation that any change to the mitigation measure does not represent a significant change in the mitigation measures proposed, and, therefore, would not require recirculation of the document. 315 Planning Commission Minutes February 24, 2009 Assistant City Attorney Houston urged the Commission to speak slowly and clearly when moving and conditioning in order to ensure that the court reporter records everything accurately. Commissioner Quill asked if the first consideration was a resolution recommending the approval of the EIR. Chairman Alderson replied it was not. Staff clarified the first consideration was Site Development Permit 2009-875. Commissioner Quill asked if the conditions of approval were only for the Parcel Map and they should be addressed there. Planning Director Johnson replied there were 101 conditions relative to the Site Development Permit. He added for clarification that the Commission was not to take any formal action or request any formal action on the draft EIR. It would only be identified as a finding and that the draft EIR was considered by the Commission, but the draft EIR process was still open until Friday (February 27, 2009). He explained Council would be taking the final action on the EIR. The Commission could make recommendations for Council tonight, but it was not a requirement. Commissioner Weber asked staff for clarification on whether or not condition 80, regarding the two separate plan checks on both projects, was an issue. Staff replied it was not an issue and suggested modifying the condition to state "may" instead of "shall" giving the applicant the opportunity to separate the projects if need be in the future, instead of just deleting the condition all together. Commissioner Weber commented on the phtometrics. He said the Commission needed to be very sensitive about the light sources being in such a proximity to the adjacent neighborhoods. Commissioner Quill said the City's ordinance on photometrics was very solid and dealt with the issue in depth. He stated as long as the applicant complied with the City's ordinance he felt comfortable. Staff said that additional language was included requiring shielding for perimeter fixtures and as Commissioner Quill identified, the ordinance was very good and definitive with regards to the thresholds as the light trespasses off the site. He added the Commission would be seeing, in the not very distant future, an update in the lighting ordinance. 316 Planning Commission Minutes February 24, 2009 There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-006 recommending approval of Site Development Permit 2006-875 with the following conditions and adjustments: 1. Condition number 89 shall be amended to read: The medical complex water feature shall be re -designed to be more water efficient, use less energy, and be more interactive with the general public, pedestrians, and other people using the facilities. The final plans for the water feature shall be included in the final landscaping plans submitted to the City and shall be reviewed by the Planning Commission as a business item prior to approval by the Planning Director. 2. Condition number 98 shall be amended to read: The proposed water feature at the northeast corner of Washington Street and Fred Waring Drive shall be removed and, in its place, an art piece shall be explored as part of the City's Art in Public Places Program. 3. Condition number 91 shall be deleted. 4. Condition number 65 be amended to read: "The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to public -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Temporary occupancy permits, solely for the purposes of allowing fixture interior improvements will be allowed." 5. Condition number 41.8. shall be amended to read: "Construction additional off -site improvements required for development of this project, subject to the reimbursement of its costs by others." 6. Condition number 41.E., 2nd paragraph shall be amended to read: .. 311 Planning Commission Minutes February 24, 2009 "In the event that any of the improvement which this project is conditioned to provide 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 project's proportionate share of the costs of such improvements to the satisfaction of the City Engineer." 7. Condition number 80 will be amended to read: "The commercial and medical office complex projects may be considered separate projects for plan checking purposes. 8. Condition number 96 shall be deleted. 9. A new condition shall be added to read: "The applicant shall consider eliminating parking spaces in each complex to provide additional pedestrian -friendly outdoor public spaces. Areas provided shall be included in the final landscaping plans." 10. A new condition shall be added to read: Within the landscape perimeter strip along Palm Royale Drive minimum 36" box size trees shall be densely planted adjacent to Building 13 of the medical complex. 11. Replace Condition 10.A.2)b) with the following: "for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS." 318 Planning Commission Minutes February 24, 2009 12. Add Condition 10.A.2►c) as follows: "for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer." 13. Replace Condition 18.A.2)a) with the following: "at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lane to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer." 14. Add Condition 18.A.2►c) as follows: "For a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive to the satisfaction of the City Engineer." Chairman Alderson opened the motion for discussion. Commissioner Weber disagreed with condition number 98, about the city signage. He felt the Commission should condition the applicant to dedicate the corner area for an entrance sign to be place there in the future by the city. He wanted the space noted in the architectural drawings as reserved for later signage. There was discussion about the proper signage and placement. Chairman Alderson said he did not feel strongly enough to alter the motion. Planning Director Johnson said the three items that were brought up by Public Works were not included in the recommendation. Staff asked for the memorandum to be referenced. Commissioner Quill clarified that the motion intended to include the three amendments made by Public Works are also to be included as part of the motion. Commissioner Barrows noted she supported staff's recommendation for a one-story structure for Building 13. She clarified the condition 379 Planning Commission Minutes February 24, 2009 concerning the reduction in parking spaces and adding more public areas. She said the Commission would like for the applicant to work with staff and to identify ways to reduce parking. The Commission did not ask for a certain percentage or a number, but from her perspective the reduction should be fairly significant. Chairman Alderson said the Commission needed to address the two- story application of Building 13. He commented that all three of he back buildings were two -stories and all of the front buildings were one-story. He stated he did not feel that there was enough negative impact to alter the design. Commissioner Wilkinson commented on the distance between the nearby residences and the development. He estimated it was approximately the length of a football field. Chairman Alderson said he concurred with Commissioner Wilkinson. He noted the Planning Commission was very sensitive in approving high density developments and this was not such a case. He commented that the negative impacts were very minimal and insufficient to result in the removal of the second floor. Chairman Alderson said the Commission needed to agree in order to finalize the issue. Commissioner Quill said the Commission did not have to agree as the motion had already been made and it was seconded. Commissioner Barrows said it was difficult for her to specify whether the parking spaces should be reduced by ten or twenty percent. She commented that the project would be a lot more attractive with less parking. Commissioner Quill asked staff if Commissioner Barrows' comment could serve as part of the condition already made in regards to the reduction of parking. Planning Director Johnson replied the Commission's direction to staff was "staff and applicant shall consider minor reduction of parking to add public space." 380 Planning Commission Minutes February 24, 2009 Commissioner Quill suggested eliminating the word "minor." Chairman Alderson asked if the Commission could provide more definitive language such as ask for common area usage and seating amenities in both the medical and commercial complexes and that each one shall dedicate four parking stalls or 800 square feet combined. Planning Director Johnson said the more definitive the language of the condition, the easier would be for staff and the applicant to determine the best way to comply. Commissioner Barrows said she was not trying to make this difficult, but she was wondering if a percentage was specified if that would give staff some flexibility. Her point was there were over one hundred extra parking spaces between both projects and she was concerned that these projects were being approved with too much parking. Commissioner Quill said the modification to the motion was to eliminate the word "minor," and that would be the direction given to staff. Planning Director Johnson replied staff would do their best to comply. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: Commissioner Weber. ABSTAIN: None. ABSENT: None. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-007 recommending approval of Conditional Use Permit 2007-105 as submitted. Unanimously approved. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-008 recommending approval of Tentative Parcel Map 35088 with any conditions that were replicated in the Tract Map that were stated in the Site Development Permit 2006-875 or if there were additional conditions that were added that were applicable in the Tentative Parcel Map were to be included. Unanimously approved. Break was called at 9:53 p.m. 381 Planning Commission Minutes February 24, 2009 B. Sign Application 2009-1337; a request by Imperial Sign Company for consideration of a request for a sign program for the Plaza at Tampico located at the northeast corner of Calle Tampico and Desert Club Drive. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Jim Engle introduced himself and offered to answer any questions. There being no questions of the applicant, Chairman Alderson asked if there was any public comment. There being no questions, or public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Minute Motion 2009- 002 recommending approval of Sign Application 2009-1337 as submitted. Unanimously approved. VI. BUSINESS ITEMS: A. Site Development Permit 2006-874; a request by Komar Investments, LLC for consideration of approval of graphic panels to be mounted on the walls of Building A and Building H within the Komar Desert Center located south of Highway 111 at Depot Drive. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. 382 Planning Commission Minutes February 24, 2009 Chairman Alderson asked if there were any questions of staff. There being no questions of staff, Chairman Alderson confirmed the areas where the graphic panels would not be installed and stated the applicant did not want them at those locations due to the landscaping and the sign program. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Clint Knox, Komar Investments, Newport Beach, California, introduced himself and added that the staff report stated the panels had a two year lifetime, but the sign company informed him it was really a five year lifetime. He also stated, as a follow-up to the present conditions of the areas where they are now not proposing to locate the panels, the trees were bigger and the landscape would block the panels. They did not need the visual addition of the graphic panels. Chairman Alderson asked if the project was initially conditioned to include the panels. Staff said they were and added the original conditions of approval stated the panels had to be brought back to the Planning Commission. Chairman Alderson asked if the client had the latitude to change the location and design of the panels. Staff responded they did. Commissioner Weber suggested the client consider using bulk, or lower wattage lighting, since this was considered an architectural piece. Mr. Knox said they would consider removing the lighting. Chairman Alderson stated these panels would add color to the buildings. Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. 383 Planning Commission Minutes February 24, 2009 There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Minute Motion 2009- 003 recommending approval of Site Development Permit 2006-874 as submitted. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: VIII. COMMISSIONER ITEMS: A. Commissioner Quill reported on the City Council meeting of February 17, 2009, including details of the continuance of the Monroe Dates project and the issues the Council had with the conditions of the project. B. Chairman Alderson noted Commissioner Weber was scheduled to report back on the March 3, 2009, Council meeting. IX: DIRECTOR ITEMS: A. Discussion of the Joint Meeting (ALRC/PC) topics. Planning Director Johnson gave a brief overview of the time/place for meeting. He commented on the three topics suggested by the ALRC and stated there would only be 45 minutes available to discuss them. He asked for guidance, and feedback, on the ranking of the items. Discussion followed on the discussion items, including comments by: Commissioner Barrows asked if the City was considering looking at ways to utilize solar power and what kinds of provisions could be incorporated to provide for alternatives. Staff responded that solar panel conduits were added to the City Hall expansion and said this could be a possible discussion item at the meeting. Other topics suggested included: • Green Building requirements • Title 24, energy efficiency, and shade structures. • Site designs and pedestrian access, walkability, and the use of water features and general sustainability. 384 Planning Commission Minutes February 24, 2009 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilkinson/Quill to adjourn this Regular Meeting of the Planning Commission to a Special Joint Meeting with the Architecture and Landscaping Review Committee to be held on March 10, 2009 at 6:00 p.m. This Regular Meeting was adjourned at 10:34 p.m. on February 24, 2009. Respectfully submitted, Carolyn V1�F Iker, Executive S City of La Quinta, California 385 REPORTS/INFORMATIONAL ITEM: t�"/ MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 10, 2009 7:04 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:04 p.m. by Chairman Ed Alderson who asked Commissioner Weber to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Andrew , and Secretary Monika Radeva. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: None V. PUBLIC HEARINGS: A. Tentative Tract Map 36089; a request by Dolphin La Quinta, LLC. to subdivide 8.45 gross acres into two lots for condominium purposes located on the southwest corner of Miles Avenue and Seeley Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. 386 Planning Commission Minutes March 10, 2009 Chairman Alderson asked if there were any comments from the Commissioners. There being none, Chairman Alderson noted that the lot line between Lots 1 and 2 went down an existing parking lot. Staff further noted additional parking would be required when Lot 2 was developed and that noted the conditions of approval asked for a shared parking easement agreement. Chairman Alderson asked if there was a reciprocal parking agreement and if the parking would be adequate. Staff replied the current parking on site is adequate to serve the existing units. Staff said it was likely that this would not be the last approval to be reviewed by the Planning Commission. Staff was anticipating the applicant would be applying for a new Site Development Permit (SDP) for Lot 2, even though they could decide to build per the existing SDP. Commissioner Quill wanted to clarify that the applicant would still have to build at the reduced amount of units. Staff said the applicant would have to reduce the number of units in accordance with the condominium map. Chairman Alderson wanted to clarify that the intent is that when Lot 2 is developed it will have the same product as Lot 1. Staff confirmed that it would. Margo Thibeault, MSA Consulting, 34-200 Bob Hope Dr, Rancho Mirage, CA 92270, introduced herself and said she was available to answer any questions from the Commission. Chairman Alderson asked if the project was approved, what the developer's intent was in terms of timing. Ms. Thibeault replied currently there had not been a definitive time line established. Chairman Alderson said the construction fence on Seeley Drive for Lot 2 was placed twenty-five to thirty feet back from the curb and a tremendous amount of tumbleweeds were growing in that area. He asked if the fence could be moved forward to the sidewalk line. Ms. Thibeault replied the construction fence was placed there to identify the landscaping easement and, if the Public Works Department did not have any objections, the fence would be moved as requested. 381 Planning Commission Minutes March 10, 2009 Chairman Alderson mentioned the two islands in the driveway of Lot 2 which also needed to be cleaned up. Ms. Thibeault replied it would be taken care of. There being no further questions, or public comment, Chairman Alderson closed the public hearings and opened the matter for Commission discussion. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-009 recommending approval of Tentative Tract Map 26089 as submitted. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIALS: VIII. COMMISSIONER ITEMS: A. Commissioner Weber reported on the City Council meeting of March 3, 2009, including details on the display of temporary and political signs being displayed in the public right-of-way. He also said Council discussed marketing efforts, the City's support of CVWD in addressing the water shortage and commented that Mayor Adolf attended the Dike 4 meeting of the CVWD Water Policy Committee. The Mayor and the City Council were looking into whether or not the City would be able to obtain some fiscal assistance through the stimulus packet. The Treasurer reported there was not concern at this time about the City's investment portfolio as it was not invested in high -risk areas. B. Chairman Alderson noted Commissioner Wilkinson was scheduled to report back on the March 17, 2009, City Council meeting. IX: DIRECTOR ITEMS: A. Staff noted the attendance packets for the Planning Commissioner Institute in Anaheim were distributed. 388 Planning Commission Minutes March 10, 2009 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 March 24, 2009. This regular meeting was adjourned at 7:21 p.m. on March 10, 2009 Respectfully submit ed, Monika kagdevZa, Secretar City of La Quinta, California 389 REPORTS/INFORMATIONAL ITEM: CO' MINUTES ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE JOINT MEETING WITH THE PLANNING COMMISSION A Special Meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 10, 2009 CALL TO ORDER 6:02 P.M. A. This special meeting of the Architecture and Landscaping Review Committee with the Planning Commission was called to order at 6:02 p.m. by Chairman Alderson who asked Committee Member Ronald Fitzpatrick to lead the flag salute. B. Present: Committee Members Ronald Fitzpatrick and Ray Rooker, Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Absent: Committee Member Jason Arnold C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Wally Nesbit, Principal Planner Andrew Mogensen, and Secretary Monika Radeva. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. DISCUSSION ITEMS: Chairman Alderson said the purpose for the Joint Meeting was for the Commission and the Committee to discuss different areas of concern. The results of the discussion would be used in the review of projects in the areas of water conservation, green building and sustainability features. Architecture and Landscaping Review Committee Joint Meeting with the Planning Commission Minutes — March 10, 2009 1. Water conservation policies Chairman Alderson said La Quinta City Council and Planning Commission are a leader in water conservation in the Coachella Valley. The Planning Commission has been particularly strict on water usage, turf, and irrigation. He said the Commission would like to find out if the Committee shared the same views on this issue. Chairman Alderson asked Committee Member Fitzpatrick to express his thoughts on the current water conservation policies. Committee Member Fitzpatrick said the makeup of the Committee consisted of two architects and a landscaping contractor. He encouraged staff and the Commission to take advantage of the expertise the Committee could offer in those two areas. He said as an Advisory Committee they were limited to one review of the project. The second the time the Committee could comment on the project was at the Final Landscaping Plans stage. As a result of the limited reviews, the Committee does not get the opportunity to address sustainability, green buildings, LEAD certification, renewal energy, wind power, solar power, etc. Commissioner Quill joined the meeting at 6:08 p.m. Chairman Alderson asked Committee Member Fitzpatrick to comment on the water conservation policies. Committee Member Fitzpatrick said a lot of emphasis was being put on water conservation, but that energy conservation was just as important. He stated his main concern in reviewing a project was to make it people friendly by creating green space with seating, street scenes, to take away from the hostile environment of acres of paved asphalt and vertical stucco walls. He applied this to both residential and commercial developments. Chairman Alderson asked Committee Member Fitzpatrick if he was referring to the use of water and fountains within commercial developments where people could sit around. Committee Member Fitzpatrick replied he was primarily referring to fountains because he considered them to be an enhanced architectural feature to the project and not an intrusion. He noted there were lakes in residential developments that were not user friendly and served no purpose, other than for aesthetics, but he said there was a practical way to use architectural features. He commented that commercial centers presented a limitation to creating a people friendly environment and 391 Architecture and Landscaping Review Committee Joint Meeting with the Planning Commission Minutes — March 10, 2009 having a fountain or any kind of a water feature was a good enhancement. He noted that a shaded seating area with a little bit of grass around it is inviting to patrons and is a nice break in the sea of asphalt. Chairman Alderson asked Committee Member Fitzpatrick what his thoughts were on the use of grass and sod versus artificial grass. Committee Member Fitzpatrick replied he would be in favor of either one as long as it looked inviting and provided an outside seating space with possible low level lighting, etc. With regards to water conservation for residential developments, he stated developers should be required to install smart irrigation control designs, limit the amount of turf to a certain percentage of the property. Chairman Alderson talked about Commissioner Quill's perception of the use of turf. He said if there were multi -uses for the turf then it could be justified, but the Commission did not support installing turf merely for aesthetics. Commissioner Quill talked about the different ways a water feature could be utilized to perform several functions besides the aesthetic, such as being the reservoir for irrigation, or it has a recreational component, or it is part of a park setting. He said the Commission did not support the use of water elements without additional functions not only because of the water shortage, but also because of sustainability standpoint due to the costly additional resources needed to keep it running. There was discussion regarding the use of water elements within commercial developments and the different methods that could be implemented to do that in a conservative manner. Commissioner Barrows asked staff if the current water ordinance could be amended to include some definitive general guidelines letting applicants know what would be encouraged in their water element designs. Planning Director Johnson said staff could revisit the city's water provisions and amend them, but the City's conservation methods needed to be at a much more global level. The City would have to establish more definitive policies in regards to sustainability, water and electricity related conservation measures, and the issue of energy efficiency with buildings. The City would further have to decide how much the State's requirements could be exceeded. He said the reason being for this was because all of these elements and features collectively would make a difference. He stated staff would be proposing policies to address sustainability in the next few months to the Commission and Council for comments and feedback. 392 Architecture and Landscaping Review Committee Joint Meeting with the Planning Commission Minutes — March 10, 2009 Commissioner Quill talked about the issue of over -parking in commercial developments. Assistant City Attorney Houston said the Planning Commission had the authority to not allow developers to install additional parking spaces above the code requirements. Staff suggested a good way of dealing with such issues is to include a maximum number of parking spaces allowed in the code in addition to the minimum. Chairman Alderson commented on the public's perception of the great amounts of water and electricity used by commercial developments without any conservation attempts. Chairman Alderson said establishing sustainability policies would make it much easier for staff to point applicants in the direction supported by the City's officials. Commissioner Weber discussed the state's leading conservation measures and the need to raise awareness within consumers and to establish the policies that would help create a sustainable community. 2. Green building and sustainability techniques Chairman Alderson complimented the ALRC for reviewing all projects so thoroughly for offering their architectural and landscaping expertise and evaluations and asked Committee Member Rooker to share his thoughts on the use of excess power and its relation to utility conservation. Committee Member Rooker said that building an efficient building was through good architecture in terms of paying attention where the sun would be, where roof overhangs would be applicable, having recessed openings versus flat boxes. He talked about the often encountered applicants' concern to install a lot of trees due to possible signage obstructions. Commissioner Quill said the ALRC should be the body that thoroughly reviewed the architecture of the projects and suggested modifications be made because by the time the project was presented to the Planning Commission it was too far into the process. There was discussion regarding awnings, buildings' exposure to the sun, and other architectural features. Committee member Fitzpatrick talked about water conservation versus the complete elimination of water features and how overall conservation could 393 Architecture and Landscaping Review Committee Joint Meeting with the Planning Commission Minutes — March 10, 2009 be achieved through alternative methods, such as LEAD certified buildings, energy conservation, etc. Commissioner Barrows said she would appreciate the Committee's recommendations on projects on how to keep proposed water features and still be conservative in resource use. Discussion followed on the many possible applications of water features and the people -friendly environment they create. There was further discussion on establishing policies that would mandate applicants to design sustainable projects with green buildings. Commissioner Weber talked about LEED certification. Chairman Alderson asked Commissioner Wilkinson to talk about energy conservation and the solar impact and heat transfer of windows directly exposed to the sun. Commissioner Wilkinson talked about the relation of LEED certification to Title 24, the California Energy Commission standards, and the use of environmentally friendly building materials being used such as asphalt versus concrete, etc. He said energy conservation was more related to the installation of SEER (Seasonal Energy Efficiency Ratio) rated air conditioning units, door and window sealing, air filtration, solar, etc. He noted energy conservation came at a price that might not be affordable to many consumers and requiring a developer to build this way might impose fiscal difficulties in trying to build a product that would be within the price range of the targeted buyers. Commissioner Quill said there would be many new requirements dictated by the state that would address sustainable building and would be incorporated into the building and safety code. Commissioner Weber added the water and energy agency providers would be incorporating fiscal penalty provisions to target unconscientious users based on a tier rate. Commissioner Weber said sustainable building must be a combination of the installation of conservation measures with already efficiently constructed buildings. He talked about establishing some basic principles that would be shared between all parties, the Commission, Council, and Staff to help guide the future development of the community and address the concerns for water and energy conservation, over -parking, pedestrian access, public transportation, the design and quality of the buildings. 394 Architecture and Landscaping Review Committee Joint Meeting with the Planning Commission Minutes — March 10, 2009 Chairman Alderson asked Committee Member Rooker if he wanted to add anything to the discussion. He replied the use of turf had not yet been addressed. Committee Member Rooker said he found the use of desertscape throughout in a development to be too harsh, especially during the hot summer and high - wind seasons. He agreed in some instances too much grass had been used, but he favored the right balance between grass and desertscape to maintain the oasis -like environment in the desert. He noted he was not very familiar with the application and maintenance related to the use of artificial grass, but would be inclined to use it instead of desertscape. Chairman Alderson said the Commission very much appreciated the comments and suggestions provided by the ALRC in regards to landscaping. Commissioner Weber talked about the Commissions view on the use of turf. He said the amount had to be reasonable for the proposed use and it had to be accessible. There was discussion about the use of grass in medians and the repetitive maintenance costs incurred due to the damage caused by the watering of grass to streets, curbs, sidewalks, etc.; possible limitation policies were mentioned. Staff said there were efforts underway that were trying to address some of the existing problems of overwatering and extra turf such as the programs available through CVWD and IID to convert turf to desertscape, others promote upgrading to more sustainable equipment and provide for a fiscally sound way of achieving that. Commissioner Quill suggested the Commission make a motion to have a joint meeting with the ALRC again in six months. Commissioner Quill said he would like to make a motion as a recommendation to Council or Staff to establish basic sustainability guidelines for the City of La Quinta. Planning Director Johnson said the Commission has the authority to always direct staff to look into matters such as basic sustainable principles and practices. Staff talked about the different ways this could be approached. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to make a joint motion of the ALRC and the 395 Architecture and Landscaping Review Committee Joint Meeting with the Planning Commission Minutes - March 10, 2009 Planning Commission recommending that staff begin working on a set of sustainable principles and guidelines for the City of La Quinta. Unanimously approved. Chairman Alderson asked staff to arrange another meeting between the Commission and the ALRC in six months. IX: ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilkinson/Quill to adjourn this special meeting of the Architecture and Landscaping Review Committee with the Planning Commission to the next regular Planning Commission meeting to be held on March 10, 2009, at 7:00 p.m. This special meeting was adjourned at 6:58 p.m. on March 10, 2009 Respectfully submitted, Mo AikaRad va, Secretary City of La Quinta, California 396 REPORTS/INFORMATIONAL ITEM: CP9- MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 4, 2009 CALL TO ORDER i[1i[i111M.10 A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:00 a.m. by Principal Planner Stan Sawa who led the Committee in the flag salute. B. Committee Members present: Jason Arnold, Ronald Fitzpatrick and Ray Rooker. C. Staff present: Principal Planner Stan Sawa, Assistant Planner Yvonne Franco, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of January 7, 2009. It was moved and seconded by Committee Members Fitzpatrick/Arnold to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Final Landscaping Plan 2008-040 (for Site Development Permit 2007-898) a request submitted by K.L. Charles Architects, Inc. (Adrian Mora) for consideration of Final Landscaping Plans for a 13,929 Square Foot Fresh & Easy Market located at the southwest corner of Jefferson Street and Fred Waring Drive. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. 397 Architecture and Landscaping Review Committee Minutes February 4, 2009 Representing the applicant were Adrian Mora, Architect with K.L. Charles Architects, Inc. and David Closson, Landscape Architect with Closson & Closson, Inc. Committee Member Arnold asked where the irrigation plans were located in the report. Staff pointed him to the plans and said the landscape architect had used a drip watering system and noted the plans had been approved by CVWD and the Riverside County Agricultural Commissioner. Committee Member Fitzpatrick asked staff if this was the last of the landscaping plans for the entire project. Staff replied the landscaping plans for the area around CVS Pharmacy had not yet been approved and would be presented for review and approval some time in the future. Committee Member Fitzpatrick wanted to clarify there were two components to the project, one was the Fresh & Easy building and the other was the CVS Pharmacy. Staff confirmed. Committee Member Rooker said he found the Fresh & Easy building to be outstanding from an architectural perspective. He commented that on the north side of the building the initial presentation materials had identified three large trees which now had been changed to one tree on the right corner and other smaller shrubs. His concern was that those would not be sufficient and suggested more trees be added. Mr. Mora replied the reason the trees had been replaced with the shrubs was to prevent signage obstruction. Discussion followed on the locations and types of trees that could be used to soften the north elevation of the Fresh & Easy building without restricting the sign visibility. There being no further questions, it was moved and seconded by Committee Members Rooker/Arnold to adopt Minute Motion 2009-002, recommending approval of Final Landscaping Plan 2008-040 (for Site Development Permit 2007-898), with the recommendation that a minimum of two more trees be added to the north elevation of the building and the Red Bird of Paradise shrubs be either eliminated or if remaining must be five gallon in size. Unanimously approved. 398 Architecture and Landscaping Review Committee Minutes February 4, 2009 B. Site Development Permit 2006-874 a request submitted by Komar Investments, LLC. for review of Graphic Panels to be Mounted on the Walls of Buildings within the Komar Desert Center located South of Highway 111 at Depot Drive. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Planning Department. Representing the applicant was Clint Knox, Project Manager with Komar Investments. Committee Member Rooker asked who had originally suggested the use of the graphic panels. Staff replied it was the applicant and their intent was to try to break up the walls and fill in some of the blank space on them. Committee Member Rooker said he did not find the graphic panels necessary as the architecture of the buildings was interesting and the landscaping was very nice. He noted he would prefer if the graphic panels were installed, instead of desert plants, to have the images be characteristic of the individual tenants. Assistant Planner Franco explained staff wanted to avoid the use of any images that could be perceived as advertising for the tenants. Mr. Knox added the applicant had originally considered the idea of possibly incorporating a characteristic of the tenants, but staff was wary of the fact that it would be viewed as advertising. He explained the applicant then had thought of installing the graphic panels which would allow them to do seasonal themes and change them periodically bringing some variety to the look of the center. Committee Member Fitzpatrick asked who would monitor the condition of the signs and the panels. Mr. Knox replied the on - site property manager would be responsible of ensuring the panels and the images were maintained in good condition at all times. Committee Member Fitzpatrick asked staff why the staff report had stated that the images in the graphic panels were not considered public art and who had the authority to determine that. Assistant Planner Franco replied the determination was made by the City's Community Services Department and the 399 Architecture and Landscaping Review Committee Minutes February 4, 2009 reason the images were deemed not to be public art was due to the short longevity of their lifespan. Mr. Knox noted the applicant had ventured into the possibility of using images that would have been considered public art, but the criteria for that determination was that original artwork had to be used and the cost had become prohibitive. He added staff wanted ALRC to review the graphic panels to have a second approval in place. The determination was that the graphic panels were not considered signage. Committee Member Fitzpatrick expressed his concern in regards to the maintenance of the appearance of the images and panels and the possibility of them becoming a nuisance. Mr. Knox stated the panels had been used at a center in Washington built by Komar Investments and they had proven to last for two years. Committee Member Arnold asked how many panels there would be all together. Mr. Knox replied there would be a total of six panels and, with the eighteen images proposed, they would have two possible changes of the displayed images. Committee Member Arnold said he thought the graphic panels would be beneficial to the overall image of the center, but he also acknowledged Committee Member Fitzpatrick's concern on the maintenance possibly becoming an issue in the future. There being no further questions, it was moved and seconded by Committee Members Rooker/Fitzpatrick to adopt Minute Motion 2009-003, recommending approval of Site Development Permit 2006-874, noting the graphic panels were not deemed necessary from an architectural perspective and granting the applicant the right to omit them at any time in the future. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None 400 Architecture and Landscaping Review Committee Minutes February 4, 2009 VII. COMMITTEE MEMBER ITEMS: The Committee suggested the following discussion topics for the Joint Meeting: • Water features • Define the expectations of the Architecture and Landscape Review Committee by the Planning Commission • Green buildings and sustainability Staff said the suggestions had been noted and would be forwarded to the Planning Director. Committee Member Fitzpatrick asked if a date had been set for the Joint Meeting. Staff replied the meeting had been scheduled for Tuesday, March 10, 2009, at 6:00 p.m. in the Study Session room. Discussion followed on the Committee's responsibility to review projects from an architectural as well as landscaping perspective, on the City's efforts to promote water and energy efficient building, and on green building and sustainability. Vill. PLANNING STAFF ITEMS: Planning Commission Update: Principal Planner Stan Sawa said there were no updates. IX. ADJOURNMENT There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Rooker to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on March 4, 2009. This meeting was adjourned at 10:55 a.m. on February 4, 2009. Respectful) subm' ed, MONIKA RAD VA Secretary 401 �o>r+t�i 4-.5;L -D LEAiGUE l�tCITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.eacities.org A RESOLUTION ENDORSING THE CONVENING OF A SUMMIT OF LOCAL GOVERNMENT LEADERS ON REFORMING THE GOVERNANCE OF CALIFORNIA WHEREAS, forty years ago California was renowned for its outstanding schools, excellent infrastructure, quality health and human services, outstanding public parks and safe communities. At about that time, however, laws began being passed that have substantially stripped politically accountable community governments of discretion over the priority and funding of community services; and WHEREAS, today in Califomia our state government is increasingly seen as broken. Record state deficits, late budgets, the inability to address the critical issues of the day --energy, water, education, health services, and more --all contribute to a dysfunction that has tangible outcomes: lost jobs, reduced services, and inadequate resources to educate our children; and WHEREAS, late and inadequate state budgets seriously disrupt the ability of local governments to deliver vital services. New state mandates are often imposed before the prior reforms have had a chance to work, and they typically give the state control over the details of services delivered at the community level; and WHEREAS, while state leaders are in the early stages of adopting some widely - accepted practices such as multi -year budgeting and increasing reserves for times of fiscal uncertainty, we believe the state governance crisis is due in large measure to a more fundamental problem of over -concentrating decision making at the state level at the expense of true community priority setting and spending decisions; and WHEREAS, this top -down, centralized governance system is at the root of many of our problems as a state. Community government leaders no longer have the tools to set and fund community priorities and be held accountable to the voters for them. Moreover, the state provides neither adequate funding nor the flexibility in using state funding for effective community service delivery; and WHEREAS, the distinction between what decisions should be made at the state versus the local levels has not just been blurred, but in virtually every case the default position has become that the state and not community governments should decide. This has given a much less accountable and now financially precarious state government authority to address more and more community needs; and 402 WHEREAS, in 2004 the League of California Cities joined counties, special districts, Governor Arnold Schwarzenegger and hundreds of other community leaders and organizations to sponsor a statewide ballot measure, Proposition IA, to provide substantial constitutional protection of the local revenues from being diverted, stolen or borrowed by state government. That measure was overwhelmingly approved by the voters by an 84% margin; and WHEREAS, as local elected and appointed leaders we believe we have a responsibility to debate and support key reforms to provide greater autonomy, flexibility and fiscal tools to local governments so they can deliver the highest quality local services and other reforms that would aid the state in executing its important statewide responsibilities in a stable, predictable, and accountable manner. NOW, THEREFORE, BE IT RESOLVED, that the board of directors of the League of California Cities hereby invites its county and school partners in the City - County -School (CCS) Partnership to jointly sponsor a statewide summit meeting on state governance reform to address and debate the above -described problems and to develop proposed solutions and reforms to strengthen the governance of our great state, including to consider the advisability of convening a statewide constitutional convention to implement any reforms; and RESOLVED FURTHER, that the Summit on State Governance Reform be held at the earliest practical date and that the memberships of the League, California School Boards Association (CSBA) and the California State Association of Counties (CSAC) be invited to participate in the Summit to the fullest extent possible; and RESOLVED FURTHER, that we, the members of the board of directors of the League of California Cities, do hereby pledge our support and efforts to achieve not only a successful Summit but to the development and adoption by the voters of reforms that will improve the governance of California, increase local control and responsiveness to the critical issues we face as a state, and rebuild the public's trust in government. ADOPTED, this 17th day of April, 2009 in Sacramento, California. %444& Judith Mitchell, President Mayor, Rolling Hills Estates ATTEST: Christopher McKenzie Executive Director YJ 403 We, the undersigned members of the board of directors of the League of California Cities strongly support the foregoing resolution, dated April 17. NAME CITY 404 os 405 Dan Walters: Two strategies to change California government Published Tuesday, Apr. 21, 2009, Sacramento Bee California's never-ending budget crisis has, if nothing else, solidified broader acceptance of what until recently had seemed to be a radical notion — that the state's governance is deeply flawed and needs fundamental overhaul. Two centrist, bipartisan civic groups — California Forward and the Bay Area Council — are pushing two different and somewhat competitive reform strategies, both aimed at asking voters next year to take action of some kind, and both appear to be picking up steam. California Forward, an organization financed with millions of dollars from the state's top foundations, had been pursuing an incremental approach to reform. It endorsed shifting legislative redistricting to an independent commission, which voters approved last year. It is also endorsing the six budget -related measures on the May 19 special election ballot and has been poised to support a form of open primary elections on next year's ballot, aimed at reducing partisanship. The Bay Area Council, a collection of corporate CEOs, has had a more aggressive approach, working on two ballot measures for 2010, one that would allow voters to call a constitutional convention without going through the Legislature, another that would call such a convention to overhaul state and perhaps local government. Both have implicit, and sometimes explicit, support from Gov. Arnold Schwarzenegger. "I think that eventually the state of California has to look at a constitutional convention, to really look at the whole thing, the way government works in California," Schwarzenegger said during a presentation to the Commonwealth Club last month, "because there are many aspects of government in California that are dysfunctional." That was a boost for the Bay Area Council, but California Forward is dominated by the governor's allies and advisers. They include Robert Hertzberg, the former Democratic speaker of the state Assembly who has assumed the group's co -chairmanship. He succeeded Leon Panetta, now director of the Central Intelligence Agency. On Monday, Hertzberg laid out a more aggressive agenda, calling for sweeping changes in fiscal procedures, including two-year state budgets and eliminating the two-thirds vote requirement for budgets (while retaining it for new taxes), tax reform, modifying legislative term limits, and strengthening local governments. "The public doesn't trust Sacramento," Hertzberg told the Sacramento Press Club, adding, "People are mad as hell ... it's real." His reform list is similar to the Bay Area Council's, but Hertzberg says he wants to give the Legislature a chance to fashion a reform package through a constitutional revision commission, rather than jumping to a constitutional convention. "We are going to light this thing up," he said. The two groups, which have been conducting talks together, appear to have agreed on a two -pronged strategy. They'll try the legislative route first. If that fails, they'll pursue a constitutional convention proposal for the 2010 ballot. 406 4Oe+.',A /, -A 4 114-9-1-0°! Dan Walters: Two strategies to change California government Published Tuesday, Apr. 21, 2009, Sacramento Bee California's never-ending budget crisis has, if nothing else, solidified broader acceptance of what until recently had seemed to be a radical notion — that the state's governance is deeply flawed and needs fundamental overhaul. Two centrist, bipartisan civic groups — California Forward and the Bay Area Council — are pushing two different and somewhat competitive reform strategies, both aimed at asking voters next year to take action of some kind, and both appear to be picking up steam. California Forward, an organization financed with millions of dollars from the state's top foundations, had been pursuing an incremental approach to reform. It endorsed shifting legislative redistricting to an independent commission, which voters approved last year. It is also endorsing the six budget -related measures on the May 19 special election ballot and has been poised to support a form of open primary elections on next year's ballot, aimed at reducing partisanship. The Bay Area Council, a collection of corporate CEOs, has had a more aggressive approach, working on two ballot measures for 2010, one that would allow voters to call a constitutional convention without going through the Legislature, another that would call such a convention to overhaul state and perhaps local government. Both have implicit, and sometimes explicit, support from Gov. Arnold Schwarzenegger. "I think that eventually the state of California has to look at a constitutional convention, to really look at the whole thing, the way government works in California," Schwarzenegger said during a presentation to the Commonwealth Club last month, "because there are many aspects of government in California that are dysfunctional." That was a boost for the Bay Area Council, but California Forward is dominated by the governor's allies and advisers. They include Robert Hertzberg, the former Democratic speaker of the state Assembly who has assumed the group's co -chairmanship. He succeeded Leon Panetta, now director of the Central Intelligence Agency. On Monday, Hertzberg laid out a more aggressive agenda, calling for sweeping changes in fiscal procedures, including two-year state budgets and eliminating the two-thirds vote requirement for budgets (while retaining it for new taxes), tax reform, modifying legislative term limits, and strengthening local governments. "The public doesn't trust Sacramento," Hertzberg told the Sacramento Press Club, adding, "People are mad as hell ... it's real." His reform list is similar to the Bay Area Council's, but Hertzberg says he wants to give the Legislature a chance to fashion a reform package through a constitutional revision commission, rather than jumping to a constitutional convention. "We are going to light this thing up," he said. The two groups, which have been conducting talks together, appear to have agreed on a two -pronged strategy. They'll try the legislative route first. If that fails, they'll pursue a constitutional convention proposal for the 20 t 0 ballot. 40? LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org LltC A RESOLUTION ENDORSING THE CONVENING OF A SUMMIT OF LOCAL GOVERNMENT LEADERS ON REFORMING THE GOVERNANCE OF CALIFORNIA WHEREAS, forty years ago California was renowned for its outstanding schools, excellent infrastructure, quality health and human services, outstanding public parks and safe communities. At about that time, however, laws began being passed that have substantially stripped politically accountable community govemments of discretion over the priority and funding of community services; and WHEREAS, today in California our state government is increasingly seen as broken. Record state deficits, late budgets, the inability to address the critical issues of the day --energy, water, education, health services, and more --all contribute to a dysfunction that has tangible outcomes: lost jobs, reduced services, and inadequate resources to educate our children; and WHEREAS, late and inadequate state budgets seriously disrupt the ability of local governments to deliver vital services. New state mandates are often imposed before the prior reforms have had a chance to work, and they typically give the state control over the details of services delivered at the community level; and WHEREAS, while state leaders are in the early stages of adopting some widely - accepted practices such as multi -year budgeting and increasing reserves for times of fiscal uncertainty, we believe the state governance crisis is due in large measure to a more fundamental problem of over -concentrating decision making at the state level at the expense of true community priority setting and spending decisions; and WHEREAS, this top -down, centralized governance system is at the root of many of our problems as a state. Community government leaders no longer have the tools to set and fund community priorities and be held accountable to the voters for them. Moreover, the state provides neither adequate funding nor the flexibility in using state funding for effective community service delivery; and WHEREAS, the distinction between what decisions should be made at the state versus the local levels has not just been blurred, but in virtually every case the default position has become that the state and not community governments should decide. This has given a much less accountable and now financially precarious state government authority to address more and more community needs; and ��i WHEREAS, in 2004 the League of California Cities joined counties, special districts, Governor Arnold Schwarzenegger and hundreds of other community leaders and organizations to sponsor a statewide ballot measure, Proposition IA, to provide substantial constitutional protection of the local revenues from being diverted, stolen or borrowed by state government. That measure was overwhelmingly approved by the voters by an 84% margin; and WHEREAS, as local elected and appointed leaders we believe we have a responsibility to debate and support key reforms to provide greater autonomy, flexibility and fiscal tools to local governments so they can deliver the highest quality local services and other reforms that would aid the state in executing its important statewide responsibilities in a stable, predictable, and accountable manner. NOW, THEREFORE, BE IT RESOLVED, that the board of directors of the League of California Cities hereby invites its county and school partners in the City - County -School (CCS) Partnership to jointly sponsor a statewide summit meeting on state governance reform to address and debate the above -described problems and to develop proposed solutions and reforms to strengthen the governance of our great state, including to consider the advisability of convening a statewide constitutional convention to implement any reforms; and RESOLVED FURTHER, that the Summit on State Governance Reform be held at the earliest practical date and that the memberships of the League, California School Boards Association (CSBA) and the California State Association of Counties (CSAC) be invited to participate in the Summit to the fullest extent possible; and RESOLVED FURTHER, that we, the members of the board of directors of the League of California Cities, do hereby pledge our support and efforts to achieve not only a successful Summit but to the development and adoption by the voters of reforms that will improve the governance of California, increase local control and responsiveness to the critical issues we face as a state, and rebuild the public's trust in government. ADOPTED, this 17th day of April, 2009 in Sacramento, California. 7%C[ Judith Mitchell, President Mayor, Rolling Hills Estates ATTEST. Christopher McKenzie Executive Director t'• We, the undersigned members of the board of directors of the League of California Cities strongly support the foregoing resolution, dated April 17. NAME CITY S • 411 Department Report: 1-13 M0 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services DATE: April 21, 2009 SUBJECT: Update on Green and Sustainable Program This report provides a quarterly update to the various "green" activities City staff has been involved since January 2009. City-wide Green Publicity, Projects and Activities The quarterly newsletter, La Quinta City Report, continues to be great medium for announcing "Green" events and providing updates of workshops. The City website has been a useful method to provide residents with "Green" related activity information. The La Quinta Gem and The Desert Sun have also been used to promote "Green" events including the Green Workshop to be held at the La Quinta Museum on April 22, 2009. The Green Workshop will provide residents with the opportunity to learn about the many ways they can conserve energy and water and recycle, while saving money in the process. This "Green" event is another way the City is reaching out to the community and showing its "Green" commitment. On January 29, 2009, the Mayor and staff met with the PGA West Homeowner's Association (HOA) and the City's "Green" conservation partners. PGA West HOA was interested in understanding the City's green partnerships with the various utility companies and which programs are available to the HOA and their residents. Staff from Imperial Irrigation District (IID), Coachella Valley Water District (CVWD), and Southern California Gas Company described their residential rebate programs that may be applicable to the PGA West HOA. Follow-up meetings were arranged between the utilities and PGA West staff to do a further analysis of the pools, lakes " 412 and lighting throughout PGA West with the objective of maximizing energy, water, gas efficiency and savings. On March 19, 2009, the Public Works Department participated in a presentation on LED Retrofit Light Bars for City illuminated street name signs at signalized intersections. The LED Retrofit Light Bar replaces the fluorescent lamps inside the fixture and bypasses the two ballasts that are used to power the fluorescent lamps. By using the LED Retrofit Light Bar, power consumption can be reduced as much as 60 percent and service costs can be reduced up to 80 percent. Since the City has 48 traffic signals, with about 4 illuminated street name signs at each signal, the power and service cost savings could be significant. Although the power consumption is reduced from approximately 99 watts for the fluorescent tubes to approximately 39 watts for the LED unit, the illumination is as good, if not better. The unit has a five-year warranty and the cost of the light bar is approximately $500, which is less than replacing the lamps and the two ballasts. The vendor has allowed the City to use two units for a 30-day trial period. One unit is located in the street name sign on the northwest corner of Miles Avenue and Dune Palms Road, and the second unit is located on the southeast corner of Highway 111 and Adams Street. These locations were chosen due to the fact that the signs were not previously working. On April 17, 2009, staff will attend the CVAG Energy Summit 2009 which will feature regional leaders in government, energy, and the private sector to advance energy efficiency, sustainability and green job growth in the Coachella Valley. The Energy Summit will include a free Energy Fair for members of the public (individuals, businesses, homeowners associations) with exhibitors on solar energy, energy efficiency, water conservation and sustainable resource use. The City has paid for an exhibitor booth at this event and staff will provide information related to future "Green" events and energy and water conservation and recycling programs available to La Quinta residents. Development Projects On March 17, 2009 during a public hearing, City staff submitted to City Council a consideration for adoption a Certification of Environmental Impact Report (EIR) for Environmental Assessment for property located in the City. The EIR contained an air quality mitigation measure (MM 3) requiring all structures within the proposed project shall demonstrate energy efficiency which exceeds the standards of Title 24 of the Uniform Building Code by 20%. This mitigation measure was included in the EIR to address greenhouse gases and global warming. Although there are no thresholds established for greenhouse gases as of yet, the City is required to work towards reducing its greenhouse gas emissions to 1990 413 levels. While no uniform threshold of significance has been officially adopted in California, numerous proposed thresholds have been developed. "Green" Related Federal Stimulus Funding On February 20, 2009, staff submitted three Fiscal Year 2009-2010 Federal Appropriation Requests to Congresswoman Mary Bono-Mack's office for funding consideration. The "Green" related project is noted below: ➢ Energy Efficiency Retrofit Measures: A recent Energy Efficiency Feasibility and Green House Gas Emission Study provided by Imperial Irrigation District on four municipal buildings facilities identified 10 energy efficiency retrofit measures. These measures will provide immediate and long-lasting environmental benefits for current and future generations; On February 26, 2009, staff submitted an Energy Efficiency Retrofit Measures Federal Stimulus request to Assemblyman Manuel Perez for funding consideration. Assemblyman Perez met with Vice President Joe Biden in Philadelphia. His staff requested shovel ready projects which the City of La Quinta prepared regarding the Federal Stimulus package that the State of California will be receiving. On March 24, 2009, staff submitted five additional projects to Congresswoman Mary Bono-Mack's office for future federal funding consideration, two of which were "Green" related. ➢ City Hall -Library -Senior Center Solar Panels: installation of solar panels to provide clean and renewable energy; ➢ RDA Homes: turf to desert landscape conversion; The City has entered into an agreement with Burke, Rix, and Hines to evaluate City projects, including "Green" related projects that qualify for federal stimulus funding and assist in the application submittal process. Updates of Utility Programs Partnership with CVWD The City and CVWD established a Cooperative Landscape Water Management Program. The purpose of the program is to establish water conservation for qualified property owners in the City. To date, approximately eight La Quinta •,.. 414 residents have completed the program and have received or should be receiving their rebate checks from the City of La Quinta and CVWD. The City and CVWD chose two Redevelopment Agency (RDA) owned homes to participate in this program. The homes are located at 52-985 Eisenhower Drive and 51-805 Avenida Cortez. The landscape conversion on these RDA Cove homes is nearing completion. The landscape features desert plants and drought -tolerant plants for additional color. The Eisenhower Drive home will include some turf in the front yard. The Village Police Station's "smart" irrigation controller is working. Since it was installed ten months ago, 367,268 gallons of water have been saved. Simply stated, there has been a 54 percent reduction in water use and the controller has paid for itself. This demonstration project is a great example of what a homeowner with an all -turf yard can expect in water savings. City staff met with CVWD personnel regarding the Water Waste Hotline project and discussed details of the CVWD phone system upgrade, field inspections and the roles each agencies staff will take. CVWD will need a month or more to get the phone system and tracking system in place. City staff met with CVWD personnel regarding the new tiered rates for the City's parks. Once these rates are established, water users will be charged higher rates for water used that is over the allotment for that location. Staff has been working with CVWD to establish the necessary allotment for well -maintained parks that are not over -watered. Partnership with IID On February 10, 2009, staff met with representatives from IID for their Energy Partnership Meeting. Highlights of the meeting included: ➢ Staff received an update regarding pledge results from the Rotary Club presentation and the Coachella Valley Economic Partnership presentation. Twenty-one people signed up, 19 were later contacted by IID personnel and one energy audit has been conducted so far. Also, the Mayor's Going Green Luncheon resulted in 11 energy audits; ➢ Staff and IID have begun to develop an Outreach Program that will target La Quinta residents with air conditioning units and pool pumps that are due to be replaced. Replacing both would make a significant reduction in energy consumption. �3&1 On April 8, 2009, staff met with representatives from IID for their Energy Partnership Meeting. Highlights of the meeting included: ➢ City staff received an update regarding PGA West Energy Efficiency Audits. IID personnel reported that the on -site audits were completed (54 pools and spas) and the report will be ready in one week. Other Homeowners Associations have expressed an interest in hosting an IID/City informational meeting; ➢ IID and City staff members are planning a Demand Side Management (DSM) Workshop designed to use the demographics on residential/commercial areas and determine measureable targets and goals through programs to increase energy efficiency; ➢ Discussed the Green Event to be held at the La Quinta Museum on April 22, 2009 from 4:00 p.m. to 7:00 p.m. Conservation partners will be in attendance to provide information and sign-up residents and businesses for various energy reduction, water conservation and recycling programs; ➢ Staff and IID reviewed the Energy Partnership program originally approved by City Council May 20, 2008 to see what items are still outstanding. IID personnel will provide an update on what has been accomplished so far and provide staff with an update at the next Partnership meeting; ➢ IID personnel provided a 2005 Energy Consumption Baseline Report. This will allow the City going forward, to know whether energy consumption has increased or decreased since the 2005 baseline. IID will provide baseline reports for 2006, 2007 and 2008 at a future meeting. Waste and Recycling City staff continues to meet and work with Burrtec and HF&H with regard to waste management services. Burrtec has been a cooperative and valuable partner in providing City staff and HF&H Consultants with waste management data and providing quality customer service. HF&H, as our waste and recycling consultant, has been instrumental in the implementation of AB 939 programs to ensure the City's compliance with the State's AB 939 mandate. In addition to programs already in place such as the Sharp's Program (safe disposal of needles), the City is looking into two new programs, Restaurant Foodwaste Diversion and Non -Controlled Medication Disposal. Burrtec will provide a Restaurant Foodwaste Diversion proposal to City staff and HF&H will provide City staff a memorandum on the Non -Controlled Medication Disposal program for evaluation. 416 On March 3, 2009, the City Council was updated regarding the Construction and Demolition (C&D) Debris Monitoring Pilot Program. Based on the initial results, the C & D Pilot Program is working very well. Staff will continue to work with HF&H and Burrtec to expand the voluntary program over the next fiscal year, which will assist in meeting the Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." On March 13, 2009, the City submitted its AB 939 Annual Report to the California Integrated Waste Management Board (CIWMB) which included supporting data of diversion activities. Also, the City complied with the Large Venue and Events reporting which requires that each city or county create a solid waste reduction plan for each event. On March 14, 2009, a Used Oil/Filter Exchange Event was held at the La Quinta AutoZone. During this event, the City experienced a record -breaking turnout where participants recycled 346 percent more used oil filters than in the previous year. Educational Programs Attended by Staff On February 11, 2009, staff attended CVWD Water Management Plan update meeting, held at the CVWD Coachella Headquarters. The meeting was to discuss the ongoing update of the existing CVWD Water Management Plan, which was approved in 2002. The current plan focuses on four core areas regarding Water Management practices; water supply, source substitution, groundwater recharge, and conservation. According to the plan, CVWD is actively seeking out future recharge areas in the Eastern Coachella Valley. Of most importance to the City is the construction of the Dike 4 recharge basin, west of Trilogy at La Quinta. In addition to the recharge area at Dike 4, CVWD is looking for pilot projects for canal water treatment for municipal water use. CVWD stated that they are looking in the areas of Indio and Coachella for this pilot project; however, the City of La Quinta also contains several miles of the canal, and the project itself is worth noting. A follow- up meeting about the update to the plan will be held later this summer. On March 13, 2009, staff attended the Coachella Valley Chapter Community Associations Institute All About Water" presentation. Representatives from CVWD, RGA Group, and Desert Take Five, Inc were featured speakers. Highlights of the Presentation included: ➢ Water Budgets: CVWD will determine the amount of water that should be used based on the square footage of the area; 417 ➢ Tiered Rates: Designed to charge users that exceed their allocated water budget. The greater the water usage above the water budget, the greater the charge; ➢ Shadow Billing: CVWD will send out invoices with the current billing system and also what the bill would be if the NEW Tired Rate system were in place; ➢ Water Audits: CVWD encouraged residents to schedule a water audit to determine what can be done to conserve water in their homes; ➢ Smart Controllers: Installing them will save between 20 to 25 percent on your water bill; ➢ Landscape Conversion: RGA Group and Desert Take Five, Inc encouraged residents to consider landscape conversion as an alternative to turf to save money and conserve water plus retain aesthetic appeal. On March 17, 2009, staff attended a California Green Builder Workshop, hosted by CVAG and the Building Industry Association. The speaker was Justin Dunning, ConSol's Director of Green Programs, who discussed AB 32 — The Global Warming Solutions Act measuring greenhouse gas savings; as well as 2008 T-24 Energy Code Changes, which are scheduled to go into effect on August 1, 2009. Future programs are scheduled to discuss items such as California Residential "Green Building" Standards and Leadership in Energy and Environmental Design (LEED) for Homes. On March 18, 2009, staff attended an IID Energy Efficiency Workshop. IID representatives discussed ways to reduce energy usage by 10 percent or more by introducing Low Cost and No Cost measures. Specific measures included: Low Cost: ➢ Compact Fluorescent — uses 1 /3 the energy and lasts up to 10 times longer; ➢ Energy Star Refrigerators — get a rebate from IID and save up to $70 per in energy costs; ➢ Programmable Thermostat — replacing manual thermostats will you up to $1 10 per year; and ➢ AC Diagnostic/Repair — servicing your AC unit can save you up to $111 per year. 418 No Cost (behaviors, settings and usage related to): ➢ Vampire Loads — battery chargers, computers, and televisions all place an electric load even when turned off; unplug them at night and take the bite out of your electric bill; ➢ Water heating — reduce electric water heater setting to 130 degrees and save up to $85 per year; ➢ Lighting — turn off lights when not in use and save up to $15 per year; and ➢ Air Conditioning — raise thermostat setting 3-5 degrees in the summer and save up to $110 per year. In March, staff participated in web conference hosted by CVAG for a workshop put on by the Air Quality Management District to discuss the federal stimulus funding which will be available through the 2009 American Reinvestment and Recovery Act. Topics included funding which will be available for energy efficiency, transportation, the clean cities program, and the Assembly stimulus, economic recovery and jobs task force. On March 25 thru March 27, 2009, staff and four members of the Planning Commission attended the 2009 Planners Institute and Mini Expo in Anaheim. Some of the sessions offered included: ➢ California Environmental Quality Act 101 (CEQA Basics); ➢ Preparing and Adopting Effective General Plans; ➢ Planning Commissioners' Role and Responsibilities; ➢ Green Building Ordinances; ➢ SB 375 — the Intersection of Climate Change, Land Use and Transportation; and ➢ How to Read an Environmental Impact Report (EIR). The consensus of opinion was that the meeting was worthwhile and provided opportunity for a better understanding of the Commissioners' role, as well as "Green" and environmental issues. In addition, staff attended numerous meetings related to AB 32 and SB 375 toward the application and implementation of requirements as they relate to City projects. 419 Conclusion The City has been very proactive in developing programs and training staff to ensure reduction in both costs and greenhouse gas emissions. Staff will continue to make 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." 420 APRIL 21 APRIL 22 APRIL 25 MAY 5 MAY 8 C.!�lilii JUNE 2 JUNE 16 JULY 7 JULY 21 DEPARTMENT REPORT: 3 -A CITY COUNCIVS UPCOMING EVENTS CITY COUNCIL MEETING GREEN COMMUNITY EVENT AT THE LA QUINTA MUSEUM (4:00-7:00 P.M.) CITY'S BIRTHDAY PARTY AND COMMUNITY PICNIC CITY COUNCIL MEETING OPEN AIR CINEMA CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 4 421 LA QUINTA CITY COUNCIL MONTHLY CALENDAR March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April 2009 10:00 AM ALRC 2 12.00 PM Mayor's Lunch 3 14 5 6 7 8 9 10 11 3:00 PM City Council 9:00 AM RCTC- 11:00 AM CVCC-Sniff Meeting Henderson 12:00 PM Energy/ 4:30 PM Investment Envaan. Sniff Advisory Board 12 13 14 15 16 17 18 10:00 AM Pub. SityKirk 7:00 PM Planning 10:00 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA Henderson 12:00 PM Transp Kirk Commission Cmte.-Franklin vation Commission 5:30 PM Community 12:00 PM HCRC Franklin Services Commission 6:00 PM League Henderson 19 20 21 22 23 24 25 3:00 PM City Council 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Meeting Henderson City Birthday Party & Community Picnic 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning May Henderson Commission S M T W T F]2153 6:00 PM Exec Come. 1 3 4 5 6 7 8 Adolph 10 11 12 13 14 1517 l8 19 20 21 2224 25 26 27 28 29 31 Printed by Calendar Creator Plus on 4/15/2009 422 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2009 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALHC Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Sfty-Kirk 12:00 PM Traosp-Kirk 3:00 PM Mons. Conversancy Kok 5:30 PM Community 7:00 PM Planning Commission 9:00 AM 6CTC- Henderson 4:30 PM Investment Advisory Board 9:30 AM Animal Campus Franklin 11:00 AM CVCC-Smff 12:00 PM Energy) Environs Sniff 9:00 AM CVA-Handerson Services Commission 6:00 PM League - Henderson 17 18 19 20 21 22 23 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Presm- Meeting Cmte. Franklin vation Camrrgssion 12:00 PM HCHC Franklin 4:00 PM J.Cochran Airport Franklin 24 25 26 27 28 29 30 IL 7:00 PM Planning Commission 12:00 PM Sunline Adolph 9:00 AM LAFCO Henderson Memorial Day (CITY HALL CLOSED) 31 L-j April June S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 Printed by Calendar Creator Plus on 4/15/2009 , LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2009 2 3:00 PM city Council Meeting 3 10:00 AM ALRC 4 12:00 PM Mayor's Lunch 5 0 7 8 9 10 11 12 13 10:00 AM Pub. Shy Kirk 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC-Sniff 12:00 PM Transp Kirk Commission Henderson 12:00 PM Energyl 5:30 PM Community 4:30 PM Investment Environs Sniff Services Commission Advisory Board 6:00 PM League Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA Henderson Meeting Came. -Franklin vation Commission 12:00 PM HCRGFranklin Special City Council Flag Day Budget Meeting 22 23 24 25 26 27 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO r2821 Henderson Commission Henderson 29 30 6:00 PM Exec Crete: Adolph July S M T S M T W T F S 1 2 3 4 3 4 5 5 6 7 B 9 10 11 A22 10 11 12 12 13 14 15 16 17 16 I7 16 19 19 20 21 22 23 24 25 24 25 26 pfi 27 26 29 30 31 31 424 Printed by Calendar Creator Plus on 4/15/2009 DEPARTMENT REPORT: 4 C&ty� 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: April 21, 2009 RE: Department Report — March, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of March. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $7,923,738 which represents an issuance of 119 building permits in March; • Animal Control handled 361 incidents in March; • Code Compliance initiated 387 cases in March; • Garage sale permits generated $1680 in revenue in March. 425 I In o m o H M W M m m W o M o Q o o r I r O VI O Yf b N .i r m Vf O O O Vl O O b I W 1 1(1 1(1 Ulm W .i r M m N M M m b OI O O d 141 I N Ulm. -I QNMN NmOM.i rOQ.i 1 fu 1 Q ei U1 Q Q l0 r-1 .1 N I 1 N Wq I I I O m .i O r m V) m m m O W r M N N Ill N I M N O M r m N N b N N m r b b N r W a I N m M r m H H I r o ❑al � oa�l H I WI a m l F m O o d M 0 M o l0 m r .i o N lO o N o H I N M H H m H N M H O I H d I a L� I ei aai I I m O O O W Ot I(1 W r r M O N O Q O O M m . I(. 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H O Q J Q U Z J W> '> _>(D 2a,3Q.>_a,3Q ?Q)3QF- "fm —>,v, oar cp m�—m °1mEca) c O Q�¢00�¢00=¢OOY000�W o U a) L a L O A D C O O J O 0 0 C U 0 O M < 0 > N 00 JO OZ<:i U a 15, 428 r �p Q. <.i <.i (a Q O O V N O) M� N O N N N OJ N O I- M M n � tD N Y1 F• O N N M m N V n O p ^ M O1 O N 1� M to N .- � � M F- W } N p z J J C J a l0 M N W O O O w N p 7 N O (D O M {O'1 {") 77 m N N O O M1� Of w M (O N'- O n W N M N O N (O O W 7 M 377 O O M M nO N N DOoO To III z U U ~ u H o p w W H co) w F- y m v1 > iw Dtq w ogy LLIw 'a W WIL mz � U°w Q v E -j waz¢ w a Qa. �aOW d Q ' N LL a O N J- W Q z E J E z rEUU � Q-w pa CLU) U) UU o�oU U4p�o ) F- U z 5 UOw odi N J j z 3 = m m z m NOoE IL > 0mm 429 DEPARTMENT REPORT: OF`k OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: April 21, 2009 SUBJECT: Community Services Department Report for March 2009 Upcoming events of the Community Services Department for May 2009: May 1 Tae Kwon Do, Senior Center May 1 *May Evening Dance May 4 *Morning Workout May 4 *Mat Pilates May 4 Jazz to the Max, Senior Center May 4 Yoga, Fitness Center May 4 Ballet/Jazz 7-10, La Quinta High School May 4 Teen Ballet, La Quinta High School May 5 *Yoga for Health May 5 *Photo Editing 1 May 5 *Vista Laptops May 5 *Arthritis Foundation Exercise Program May 5 Zumba, Senior Center May 6 Photoshop Pro, Senior Center May 6 Tap 1, La Quinta High School May 6 Ballet/Tap 4-6, La Quinta High School May 6 Ballet/Tap 7-10, La Quinta High School May 7 *E-Mail May 7 *Files & Folders May 8 Open Air Cinema, Civic Center Campus May 9 Algodones Excursion May 12 *Basic Computer May 12 *Photo Editing 2 May 12 Youth Tennis 5-7, Fritz Burns Park May 12 Youth Tennis 8-10, Fritz Burns Park May 12 Teen Tennis 14-17, Fritz Burns Park May 14 Adult Tennis, Fritz Burns Park May 14 *Basic Internet 430 May 14 *Dessert Competition Luncheon May 14 Youth Tennis 11-13, Fritz Burns Park May 14 Dance, Play & Pretend, La Quinta High School May 14 Beginning Ballet, La Quinta High School May 14 *List & Labels May 19 *Word Processing May 19 *Photo Editing 3 May 28 *Afternoon Tea Luncheon *Senior Center class or activity 431 Community Services Department Attendance Report for the Month of March 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 71 97 -261 83 47 Special Events' 1025 1068 -43 2 3 Adult Sports/ Fitness 1115 837 278 48 47 Senior Center 1564 1411 153 106 107 Total 3,775 3,413 362 239 204 Senior Services Senior Center 360 333 27 12 12 Total 360 333 271 12 12 Sports User Groups La Quinta Park Use AYSO 500 250 250 22 24 LQ Sports & Youth 120 75 45 20 13 Sports Complex LQ Sports & Youth 900 850 50 22 19 Facility/Park Rentals Senior Center Private Part 300 0 300 2 0 Churches-2 600 225 375 8 3 Museum Meeting Room 120 0 120 2 0 Mtn . Room/ Courtyard 150 0 1501 1 0 Osherclasses 110 0 110 7 0 Library Classroom " 650 1000 -350 13 20 Civic Center Campus Private Pa 50 50 0 1 1 Park Rentals La Quinta Park 2001 1501 50 41 3 Fritz Burns Park 0 0 oil 0 0 Total 3,700 2,600 1,10 '1 102 83 Total Programs 7,835 6,346 1,4891 353 299 Volunteer Hours Senior Center 339 354 -15 Total Volunteer Hours 3391 354 -15 ' Special Events in 2008 included Easter events that were held in March last year. "There were more paid Library rentals in 2008 than in 2009. 432 Community Services Program Report for March 2009 2009 2008 2009 2nna Participants Participants Variance Meetings Meetings Leisure Classes Guitar 7 18 -11 10 6 Beginning Ballet 5 4 1 4 4 Dance, Play, & Pretend 6 10 -4 4 4 Youth Tennis 4 0 4 1 0 Yoga 10 0 10 18 0 Zumba 12 15 -3 91 8 Belly Dancing 4 10 -6 3 4 Ballet/ Jazz 1 81 0 8 13 0 Microsoft Excel 5 0 5 4 0 Adobe Photoshop Pro 3 5 -2 4 5 Tee Kwon Do 7 2 5 13 10 Totals 71 64 7 83 41 2009 2008 2009 2008 Participants I Participants I Variance Meetin s Meetin s Special Events Catalina Excursion 25 30 5 1 1 Youth Festival 1000 0 1000 1 0 Totals 1025 30 9951 2 1 2009 2008 2009 2009 Participants I Participants I Variance I Meetings I Meetings Adult Sports & Fitness Open Gym Basketball 275 158 117 221 17 Fitness Center 840 499 341 261 26 Totals 1115 657 458 481 43 lCommunity Services Totals 1 2,2111 7511 1,4601 133 85 433 Monthly Revenue Report for March 2009 Monthly Revenue - Facility Rentals 20n9 2nnR Vnrin ,,o Libra $ - $ 210.00 $ 210.00 Museum $ 250.00 $ - $ 250.00 Senior Center $ 2,835.00 $ 1,790.00 $ 1,045.00 Parks $ 270.00 $ 430.00 $ 160.00 Sports Fields $ 320.00 $ 1,408.00 $ 1,088.00 Monthly Facility Revenue $ 3,675.00 $ 3,838.00 $ 163.00 Monthly Revenue Senior Center $ 5,641.50 $ 7,235.50 $ 1,594.00 Community Services $ 3,770.00 $ 2,959.00 $ 811.00 La Quinta Resident Cards $ 4,665.00 $ 2,640.00 $ 2,025.00 Fitness Cards $ 555.00 $ 345.00 $ 210.00 Total Revenue $ 14,631.50 $ 13,179.60 $ 1,452.00 Revenue Year to Date Facility Revenue $ 39,265.00 $ 47,309.00 $ 8,044.00 Senior Center $ 61,288.50 $ 69,869. 00 $ 8,581.00 Community Services :1$ $ 41,031.50 $ 50,963.50 $ 9,932.00 La Quinta Resident Cards $ 23,115.00 $ 19,275.00 $ 3,840.00 Fitness Cards $ 5,840.00 $ 5,380.00 $ 460.00 Total Revenue to Date 170,640.00 $ 192,797.00 $ 22,257.00 434 Senior Center Attendance Senior Center Program Report for March 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 343 346 -3 3 3 Bdd e, Social/Party 373 281 92 12 9 Fitness & Wellness Day 35 35 0 1 1 Shamrock Evening Dance 67 59 8 1 1 Monthly Birthday Party 45 35 101 1 1 Monthly Luncheon St. Patrick's Da) 100 93 7 1 1 Movie Time 41 10 31 3 4 Putting Action 6 4 2 2 1 Tennis 119 96 23 3 8 Senior Activity Total 1129 959 170 27 29 Senior Leisure Classes Arts & Crafts (Plastic Canvas Art) 12 3 91 1 1 Balancing Act 8 0 81 3 0 Ballroom Dance/West Coast Swing 29 14 15 6 3 Beginning/ Intermediate Ukulele 8 0 8 2 0 Bridge Classes 25 57 -32 3 6 Computer Classes 28 38 -10 7 10 Dog Training 3 10 -7 2 3 Exercise 51 42 9 9 9 Golden Tones 72 71 1 4 3 Hooked on Loos 5 8 -31 3 3 Issues of the Day 24 32 -8 1 2 Mat Pilates 10 7 3 9 6 Quilters 25 20 5 3 3 Sketch & Draw 17 14 3 3 3 Tap Technique 14 15 -1 2 3 Therapeutic Yoga 16 0 16 4 0 Ukulele Players 21 48 -27 5 3 Watercolor 24 28 -41 6 6 Woodcarvers 34 15 19 3 3 Yoga for Health 9 0 9 3 0 Senior Leisure Classes Total 435 422 13 79 67 TOTAL SENIOR PROGRAMS 1564 1381 183 106 96 Senior Services AARP Tax Assistance 113 69 44 10 6 FIND 152 133 19 6 3 HICAP 6 5 1 2 2 Legal Consultation 10 7 3 1 1 Notary 1 0 1 1 0 Seminars - March 5 21 46 -25 5 6 FREE Class 2 'see list below 9 45 -36 3 2 Volunteers 48 27 21 n/a n/a TOTAL SENIOR SERVICES 3601 332 28 12 20 SENIOR CENTER TOTAL 1924 1713 2111 1181 116 ' Free Classes: On the Ball Training & Path 2 Philide/phia. ..•� 435 Volunteer Hours Senior Center Volunteer Total: Revenue !nior Center Revenue_ Revenue Total: Ma 2009 _ 339 339 $5,641.50 $5,641.50 r-09 — - — - 2008 Variance 354 -15 3541 _ -15 $7,235.50-$1,594.00 $7,235.50-$1,594.00 436 Parks Activities Updates For March 2009 Staff met with the design architects from Community Works at the La Quinta Sports Complex. Community Works is the landscape design company that was contracted for the Sports Complex Needs Analysis and Rehabilitation Plan. Now that the DSUSD is no longer participating in the Sports Complex renovations, staff is working with Community Works to provide an updated design and cost estimates for the "Core Area." This area includes the concession stand, restrooms, bleachers, shade areas, and the entrance. Staff met with CVWD regarding the new Tiered Rates for the City's Parks. Once these rates are established, water users will be charged higher rates for water used that is over the allotment for that location. Staff has been working with CVWD to establish the necessary allotment for well maintained parks that are not over watered. Staff has assessed the Civic Center Campus following the annual La Quinta Arts Festival and did not find any damage to the property. Usually there are a couple of broken sprinklers due to artist, fencing, and equipment, but this year's festival was held without incident. 437 Department Report: —_—_q_ N OF T TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Director DATE: April 21, 2009 (� SUBJECT: Department Report for the Month of March 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of March. Me Z w a a w O C7 z E z a J a O a w tr H z w H a a w 0 m O O N S U m a ►ij LU w Z ~ O ~ � H a m U) U) U w w N � a a U W = a) E W () a) a) a) a) a7 a) a) a) Y a) a) a7 N a) a) N Y_ Y+ Y Y iY+_ Y_ Y U O + C ___ E E E E E E E E E E a E E E E E E E w Z C- 3 7 7 7 7 7 7 7 7 7 N 7 7 7 7 7 7 7 J^ N co N N N N N N N N M N N N N N N N(o ICY r N O O O O, N O O O, O O O W O O D N am Z Q N z 0 N Q U o H w a� 0 a LU I--Z N U IL +N• N c N C Y Y G co H Y c E N E N Q a E E cn m E a) E a c) w N CL C C d a a7 N Y a) "9 N d" N N cn a) U N C_ N C a N n: 0�,anaCEE(cE �, �, a 0 CC N d C m C13 C: 7 N ) N N N a C CL 0 a) 1 C QC) C N a7 6 7 a a_+ U @ ? U C a c E a' ° a a o y° a� E a� a a� `m O c E m a O aD aa)) U > o o J`Cocaa rn j '�E m o C 1NECO Jo a) c=oUOwMO-j aacncncnFH>N 439 rn 0 0 N M U cc Q O H OD O O N LO o n M Z O 1- a U LU w o a a a a a a a a a a a a a a O N N N N N N N N N N N N N N � W > E E E E E E E E E E E E E E O w 0 0 > > > > > > > > > > >CL N N N N N N N N N N N N N N d Q now' inornrn0CNLO0 a W M � H z H O J O QLL H W Z cc w Q uj a c �_ � 0 N + c N E N C O m U E m w J WW s Q d N Q L.L Q a7 a) aa) N a C O. 2 f0 N L, ci O a rn N a < � C � E N E w C N Q Q . E a O U N Q m a O_ Q E N U y m c°- = o a H O aci ci `° N c o c E a E a m E> a>>> m U Z U O rny,c QQ a O a�.o > a� a c 0;°.. as H F' 0 a) > c C a) 0 a +. a a) (D — 0 0 O O U0 W ii(72MMNHF>NN HF 440 DEPARTMENT REPORT: 8 c&tit 4 a6P Q" MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: April 21, 2009 SUBJECT: Public Works Department Report for March 2009 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. 4m2othy J nas oblic Wor s Dir or/City Engineer 441 ON f fp O M fO O N f0 O N O O O O�5 N O O O O O O r O O O O O O O M N O O O O O O O O O O O O N O V d O O O O O O O O O O O O O O O O O A O O O O O O O O O O O O O O O O O W J a ow U w on r o 0 0 0 0 0 o 0 0 0 0 0 0 o O ww YW QU Q OW W N (0 N O O O O O O O O O O O O O O O O O Z a o 0 0 0 0 0 o O o 0 0 0 0 0 0 N O O O r O r O O O O O O O O O M N O O O O r O O O O O O O O O O N O O O N O O O O Q O O O O N > fwJ w J W M f0 O O O O O O V O {O �a o w U N M W W U C 00 o 0 0 0 0 0 0 o M o 0 0 0 0 o v ¢O � as za 0 w w is Z0 U w� gU z w za N 6 Y N O W a' O O y b O C C U C y d U 6 b J U o o '= K m E o t y m u m o E 2 E K W N 22 b N d 'C L~ C O_I W E N N C q> K N C_ M U U 3 N y V U N 00 iK i F O U' N N FF F d U 442 M w �U Q W 7 y >-U W O J = U Z Z �2 U) W W LL Y U O o O O 1 0 Cl) U 0 Z M N Q J a a iLU o LU N N W fA 0 M N LL Q M M h J H H Z O F Y U LLJ w m U o 0 0 Q 7 0 0 0 Z J IL z z LU d G� LU o Y z _ Z U of Q W w uIL wi of O Q x U > U w Q C H Z w J U IL w LL a O z Z_ U < J 0 z — J W U) w E V7 > X z �a w_O zw F ZQ J w'w w o >Q O a¢a 0 z Z �} J 1 = Lu J 7 = U ¢O U Up Q U ■ rn O 443 )o0)C CO °- 4) �UQa 2O0 � > ' )1 ) f L�EYyO(N —LwD.y.YY_YN`pC,Cqj+ wL'4S"'m O�Hd""fUO_A0 a_Z�}�aLHYY�NC°COU 'O y 01 1 `o N a 445 m N 'O N N U 'O y N O p YE C N C C L C N° L m '00 'O N U m L W °) N O` ° +T+ N (J T N O °� m -p O p 0 m 01 d1 O O O' � N ❑- U� 7 m -p m y N � Q W O O Q j O +' Q p p a y� a� c° oo U L LL L N N m CO ° w L m° (n L O y� E� C }' F m C 'O t• � O y H L N "O � U m C O d C mU Y 7 .O U N N� m U m L a+ -p m N O L d C ❑ N y y m y 7 y ❑� N Q Om O 01 C0 C> O p 'C O E y 0 .N L O O U U C w O Q� D1 cm U U O. 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N N y N Of y « � N O m U •' C n C U E U a m O N 'yp fA y O f0 ;� N > C yE N �@ 1 y Y y Q coLy N N U � p ° J f0 > Q fy0 6 L W LL Ip O C 1� U 'p ^2 N G7 a >- C E � O� c J O �° O U O� c j rn Q � m �- `0 nm° U O E C O gym„ c 0= O G 'O O� p, � o cp � o� rn O d� o 0 D o m O °' e N 00 _ LL N a fn Nw fn N C7 N LL d N�_ 0 d a " 446 — Q a_ r -o N o O L O� U C O O 7 N (n 7 — 70 fa f0 m Y � Y C .� U� m E C C 0 3 Q o v a r 7 o a a `•- 7� (n C N O c0 L r 3 In O�-p c� c-oo O 3 3 rl m � m� Uc F O � 'o p) .O C C '0 N O O 9 9 � � O N .� T �� p �- o O 0 3 � o 0 o � O N U F+ O O L = O 'N N U -O N "O N C W N N^~ N N N 7 O O � `�- N co C O `` c p_�O�d c UO 7- m m w o c N :° ° o m °' �_ p O U� OOj� O O Q .CO .CO a � H m . > r C m MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: March, 2009 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 5 Men 2 Men 1 Man Total 1000 Policing/Inspection 43 149 0 8 200 1001 Pot Hole -Repair/Patching 6 6 0 0 12 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 5 0 0 5 1004 Pavement Marking/Striping 0 20 0 0 20 1005 Curb Painting 0 0 0 01 0 1006 Other Traffic Controls 0 39 0 01 39 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const 0 0 0 0 0 1009 Street Sign Install (New) 27 22 0 0 49 1010 Street Sign Repair/Maint 60 28 0 5 93 1011 Debris Removal 10 38 0 2 50 1012 Right of Way Maint. 5 52 82 0 139 1021 CLEAN Catch Basin Inlet/Outlet 0 28 0 0 28 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 18 0 1 19 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 130 0 0 0 130 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 7 0 7 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 0 4 0 0 4 1041 Irrig/ Weeding, Shrubs & Tree Trimming 136 67 63 2 268 1051 Landscape/Irrigation Contract Managerner 0 0 58 16 74 1052 Lighting/Electrical Contract Management 0 0 28 14 42 1061 Small Tools Repair/Maint. 2 0 4 01 6 1062 Equipment Repair/Maint. 2 2 4 0 8 1063 Vehicle Repair Maint 20 2 0 0 22 1081 Trash/Litter/Recycable Removal 01 2 2 0 4 1082 Vandalism Repairs 21 0 4 0 25 1083 Graffiti Removal 91 127 32 11 261 1084 Maint. Yard Building Maint. 11 9 0 0 20 1085 Seminars/Training 18 8 0 10 36 1086 Special Events 0 0 8 0 8 1087 Citizen Complaints/Requests 72 54 0 0 126 1088 Meeting 8 48 6 24 86 1089 1 Office (Phone, paperwork, reports, Misc.) 29 281 6 57 120 SUBTOTAL 691 7561 304 150 1901 1091 Over Time 20 40 12 0 72 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 64 28 0 8 100 1096 Vacation 37 8 16 2 63 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 8 8 0 0 16 SUBTOTAL 1291 841 281 101,251 TOTAL HOURS 8201 8401 3321 1601 2152 TOTAL MILES 33461 46871 14441 2101 9687 447 Department Report: 7 LA LI I TA P OoLICE Served by the Rverside Courty Sherffs DeparUneM Police Department Monthly Report March 2009 • Prepared for r-� u no La Quinta Police Department • SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 03/O1 Sunday (73) 1850 hours- Deputies Pittenger and Rowley responded to the 53600 block of Avenida Madero in reference to a domestic violence call. Dispatch provided a vehicle description and direction of travel for the suspect, Claudia Hernandez. Deputy Pittenger located the vehicle and conducted an investigative stop to determine Hernandez' involvement in regards to the report of domestic violence. She was determined to be under the influence of alcohol and was arrested for driving a vehicle while under the influence of alcohol. Deputy Pittenger attempted to contact the domestic violence victim but he had left the location without leaving any information. Deputies were unable to obtain a statement, or substantiate the domestic violence. Hernandez was booked into the Indio Jail for D.U.I. 03/02 Monday (121) 0137 hours- Deputy Anderson responded to Avenue 60 and Monroe Street reference a suspicious vehicle parked on the side of the road. He arrested James Clark Lord for public intoxication. 0815 hours- Motor Corporal Covington conducted a traffic enforcement stop on Miles Avenue and Los Manes. Luis Mendoza was found to have an active felony drug warrant and was in possession of Methamphetamine. Mendoza was booked at Indio Jail. 03/03 Tuesday (99) 0130 hours- Deputy Abrego was conducting a business check at the Del Taco, located at 78-468 Hwy. 111, when his vehicle was struck from behind in the drive-thru. The driver of the second vehicle, Gail Marie Waltz, was arrested for DUI. Waltz' vehicle sustained a minor scratch and there was no visible damage to the patrol unit. Deputy Abrego was not injured. 2346 hours- Deputy Bawdon responded to the 53700 block of Avenida Madero in reference to a domestic disturbance. Deputy Bawdon arrested Gilbert Ramirez for spousal battery, vandalism and two outstanding misdemeanor warrants. 03/04 Wednesday (115) 0850 hours — La Quinta SET deputies, with the assistance of Coachella CAT, and CVNTF served two property/narcotic related search warrants and a consent search in the City of Coachella. The search warrants stemmed from an investigation La Quinta SET deputies had been working on involving a residential burglary out of La Quinta. Deputies recovered stolen property and narcotics during this investigation. Alfredo Martinez was arrested for possession of stolen property. Lorena Gonzalez was arrested for possession of illegal narcotics. Both were booked into the Indio Jail. 1011 hours- Motor Deputy Reynolds arrested Juan Vizcarra for driving on a suspended license and five outstanding misdemeanor warrants, during a traffic stop on Darby x Palm Royale. 1453 hours — La Quinta SET deputies and Coachella CAT received additional information involving suspected illegal drugs hidden at the residence where the teams had previously served a search warrant • earlier in the morning. Deputies obtained an additional search warrant for the residence and a subsequent search led to the seizure of two weapons, one of which was reported stolen during a residential burglary out of Palm Desert. Deputies arrested Maritza Nunez for a felony theft warrant. Nunez was booked into the Indio Jail. 1830 hours — La Quinta SET served a property / narcotic search warrant in the 79600 block of 40t' Ave., Indio. This warrant stemmed from a vehicle burglary out of La Quinta. A subsequent search led to the seizure of heroin, methamphetamine, a drug scale, US currency, and an I -pod related to La Quinta SET initial investigation. Deputies arrested Ella Lio Meza Valles, and Cristal Valles for charges related to sales of heroin and methamphetamine, child endangerment, and maintaining an illegal drug house. Both were booked into the Indio Jail. A juvenile illegal immigrant was taken into custodyu by the USBP and charges will be filed out of custody. Cristal Valles' 9-month-old child was released to Child Protective Services. R 03/05 Thursday (115) 0747 hours- Motor Deputy Reynolds arrested Jorge Aguilar for an outstanding DUI warrant during a traffic stop on Calle Montezuma x Avenida Obregon. Aguilar was booked into the Indio Jail. 1300 hours — Deputy Heredia responded to La Quinta Park at Eisenhower and Avenida Montezuma regarding a vandalism incident. Bryan McEwan was arrested and booked for possession of heroin. 03/06 Friday (94) 0120 hours — Corporal Taylor and Deputy Jauret conducted a vehicle stop on Hwy. 111 and Depot Drive. Albert Sargent was found to be driving under the influence. Sargent was transported to the Indio Jail and booked for DUI. 1223 hours —Deputies responded to a report of an assaust in the 77800 block of Calle Sonora. Deputy Smith contacted the juvenile victim who told Deputy Smith that he was assaulted by Sergio Daniel • Zendejas. Zendejas fled the scene and was not located. The investigation is ongoing. 1313 hours — Deputy Speir responded to Wal-Mart regarding two shoplifters in custody. Jane Hernandez and Ana Hernandez were arrested and booked for shoplifting. 1245 hours- La Quinta SET deputies served a property related search warrant in the 66100 block of Santa Rosa Rd, Desert Hot Springs. Information leading to the location of the primary suspects was obtained and deputies responded to the 71000 block of Dillon Rd, Desert Hot Springs. SET team deputies contacted Leslie Fiorda who admitted to having the stolen property but denied knowing it was stolen. Fiorda said her son, Miloh Fiorda, had been at the residence but ran out the back into the desert. Fiorda provided information to the whereabouts of the stolen property and signed a consent to search for her property and residence. As deputies were searching the residence, they found Miloh hiding and he was detained without incident. A search of the outside of the residence revealed a stolen scooter from Palm Springs PD, in front of the house in plain sight. Leslie Fiorda was arrested for aiding and abetting, obstructing a peace officer and possession of stolen property. Miloh Fiorda was arrested for violation of probation, possession of stolen property and obstructing a peace officer. 1820 hours — Deputy James responded to Target regarding a theft. Ryan Carmona was arrested and transported to the Indio Jail and booked for possession of stolen property and burglary. 2026 hours — Deputies responded to a report of a burglary atWal-Mart. Deputy Pittenger contacted and arrested Olga Bravo for entering the business with the intent to steal merchandise and providing a false name to avoid her identity. She was transported to the Indio Jail for the booking process. • 450 03/07 Saturday(79) 1117 hours — Deputy Macken responded to the 78800 block of Via Avante regarding a domestic violence incident. Sergio Montana was arrested and booked for assault with a deadly weapon and felony domestic violence. The victim was transported to JFK Hospital for her injuries. 2331 hours — Deputy Anderson conducted a vehicle stop at Avenida Bermudas and Calle Sinaloa. Jose Ivan Carbajal was found to be driving under the influence. Carbajal was transported to the Indio Jail and booked for DUI. 03/08 Sunday (56) 0601 hours — Deputies Anderson and Irving conducted a vehicle stop at Calle Nogales and Avenida Martinez. Winter Hanseth was found to be under the influence. Hanseth was transported and booked at the Indio Jail for DUI. 03/09 Monday (104) 2230 hours -- Deputies Trueblood and Rowley responded to the 79300 block of Mission Drive in reference a request to dispose of explosives he had at this house. He told us there were approximately 40 "Seal Bombs" at the location. Sgt. Moquin from the Hazard Devices Team told us they were pretty much harmless and could be collected by the deputy. Deputy Trueblood went to the residence and collected the items. 03/10 Tuesday(98) 1000 hours- --Deputy Martinez arrested Steven Arce in the 42-000 block Villeta Dr. The arrest was for an • outstanding drug related felony warrant. Arce was booked into the Indio Jail. 1615 hours- Deputy McAnallen responded to Target in reference to a theft. Based on surveillance footage and on -site security, they identified the thief as leaving in a Black Hyundai. Deputy McAnallen found the vehicle and stopped it at Hwy I I I and Adams. During his investigation, he found the property stolen from Target. Christoper Hess admitted to entering the store with the intent to commit the theft. He was arrested and booked for commercial burglary. 03111 Wednesday (122) No Significant Activity 03/12 Thursday (114) 1003 hours -- La Quinta Traffic Services responded to a vehicle collision in the 53400 block of Eisenhower Drive. Motor Officer Miguel Hernandez was traveling north on Eisenhower Drive and lost control of his vehicle. Hernandez drove over the median, collided with a tree and came to rest approximately 3-4 feet inside the residence. The homeowner was asleep in a rear bedroom at the time of the collision and no one was injured. The investigation revealed Hernandez was driving without a license and was at fault for the collision. He was issued a citation and released at the scene. 1250 hours — La Quinta SET deputies served a property related search warrant in the 52800 block of Avenida Villa. The warrant was related to a vehicle theft investigation. Arrested at the residence was Ike Greer. Greer admitted to the theft and additional stolen property was recovered. Greer was booked into the Indio Jail. 1557 hours — La Quinta SET deputies served a property related search warrant in the 84300 block of Royal • Court, Coachella. The warrant stemmed from a case of employee embezzlement. Deputies arrested Diana 451 Guerrero and property was seized from the residence related to the theft. Guerrero was booked into the Indio Jail. 03/13 Friday (97) 1245 hours — Deputy Speir responded to Kohl's Department Store regarding a theft. Rene Bodine was arrested and booked for shoplifting. 0900 hours — La Quinta SET deputies served a search warrant in the 52800 block of Avenida Villa and arrested Lavar Greer for possession of marijuana for sales. Greer was in possession of marijuana, scales and other sales related paraphernalia. He was taken into custody and transported to the Indio Jail. 2128 hours — Deputies Contreras and Celaya were at the intersection of Eisenhower Dr. X Calle Nogales when a vehicle turned off its headlights and drove through the intersection without stopping for the properly posted stop sign. They initiated a pursuit of he vehicle, however, they lost sight of the vehicle and the pursuit was terminated. 03/14 Saturday (72) 0130 hours- Deputy Kevin Barandes conducted a traffic stop at Channel Drive and Washington Street, in La Quinta and arrested Martha Serrano, 33 years old from Indio for a DUI warrant. LA09073005 (JC) 0200 hours- Deputy Jauert and Cpl. Taylor conducted a traffic stop on Eisenhower at Ave 50 and arrested Rafael Salazar for DUI. Salazar was transported to and booked into the Indio Jail. 0430 hours- La Quinta Police Officers responded to the 52000 block of Avenida Martinez to assist San Bermardino Sheriffs Office (SBSO) personnel with the service of a search warrant. SBSO was able to • locate a vehicle linked to a homicide in Yucaipa at the location. 03/15 Sunday (64) 0145 hours- Deputy Anderson responded to a disturbance in the 53400 block of Avenida Alvarado. Arrested for famishing alcohol to minors was Christopher Ruiz. 0445 hours- Deputy Anderson conducted a traffic stop at Avenida Villa X Calle Durango and arrested Felipe Simental for DUI. 1433 hours- Deputy Feldman conducted an enforcement stop at Eisenhower and Sinaloa. Subsequently, the passenger, Sandra Beneke, was arrested for an outstanding felony warrant (burglary and forgery). Beneke was booked into the Indio Jail. 2324 hours- Deputy Anderson conducted a traffic stop at Hwy.I 11 X Washington Street and arrested David Wayne Landrum for DUI. 03/16 Monday (71) 0101- Deputies investigated a report of a hit-and-run collision, pedestrian vs vehicle, at Washington Street, north of Avenue 50. An adult male was struck from behind by a newer model Lexus. The passenger side mirror was recovered at the scene. The victim was transported to JFK for complaint of pain to his back. 03/17 Tuesday (109) 0148 — Dep. Anderson arrested Shawn Scott Dawson for DUI during a traffic stop on HWY I I I e/of Washington St. • 452 03118 Wednesday (129) S1450 hours- Deputy Moore arrested James Boyd, age 19, for bringing a knife onto school property at La Quints High School. Booked at Indio Jail. 1600 hours- La Quinta SET deputies, following up on a residential burglary in La Quinta, responded to the 81300 block of Frances Ave, Indio, and arrested Gavino Lopez Chico for residential burglary. Chico admitted to stealing the property and selling the items. Chico was booked into the Indio Jail for residential burglary. 1930 hours — Deputy McAnallen responded to a report of an act of vandalism in the Wal-Mart parking lot. Deputy Mcanalen contacted and arrested Zanatda Cortez Garcia for vandalizing her ex -boyfriend's car. She was taken into custody and booked into the Indio Jail. 03/19 Thursday (81) 0248 hours — Deputies Lopez and Irving responded to Washington and Hwy. I I I (Von's parking lot) regarding a reported drunk driver. Chase Wilson was located and was found to be driving under the influence of alcohol. His passenger, Chance Casey, was also highly intoxicated. Wilson was booked at the Indio Jail for DUI and possession of marijuana. Casey was booked for public intoxication. 2014 hours - Deputies Celaya and Contreras responded to a drunk driver in the parking lot of Marshall's Department Store. Contacted and arrested for possession of methamphetamine was Faustino Garcia. Garcia was transported and booked at Indio Jail. 2130 hours — Deputy Fiebig responded to a report of shoplifting at Kohl's Department Store and arrested Blake Gunderson and a female juvenile for stealing clothing items. The 16 year old was released to her • mother. Gunderson was taken to the Indio Jail and booked. 03/20 Friday (85) 1324 hours — Deputy Speir responded to the 79100 block of Arbola Circle in reference to a report of an unattended death. The elderly female, ninety-seven years of age, appeared to have died of natural causes. 03/21 Saturday (63) 1226 hours — Deputy Macken responded to the 53700 block of Avenida Montezuma in reference to a request to check the welfare of the resident. Susanne Escher was determined to be under the influence of a controlled substance. She was booked into the Indio Jail. 2308 hours — Deputy Heffley conducted a traffic stop at the intersection of Caleo Bay and Avenue 48. The driver, David Shaw, was arrested for driving under the influence of alcohol. Shaw was booked into the Indio jail. 2337 hours — Deputy Anderson conducted a vehicle stop at Washington and Hwy. 111. David Vela was found to be driving under the influence. Vela was transported to the Indio jail and booked for DUI. 03/22 Sunday (138 1725 hours- Deputy McAnallen responded to the intersection of Fred Waring and Jefferson reference a traffic collision with injuries. The female driver of one vehicle was transported to JFK and her injuries are minor. The other driver, Roberto Morales, was arrested for driving a vehicle under the influence of alcohol. Due to the injury of the female driver, Morales was booked on the felony section for that crime. 2357 hours - Deputy Anderson conducted a traffic stop at Washington and Sagebrush. Lucia Diaz was arrested and booked for possession of a dangerous weapon, warrants for DUI and assault on a peace officer. 453 03/23 Monday (108) 0830 hours- Indio Station Investigators assisted Suffolk County Police (New York) with the arrest of John Joseph Monahan during a traffic stop near Miles Ave. and Adams St. Monahan was arrested for child molestation that occurred in Suffolk County in 2008. Monahan was booked into the Indio Jail. 2030 hours- Deputy McAnallen arrested Dennis Spates for driving while under the influence of alcohol after a traffic stop at 50t' and Jefferson. 03/24 Tuesday (85) 0530 hours — Deputy Mitic arrested Justin Balis for public intoxication. The arrest came during a prowling call in the 44300 block of Sundown Crest. A second suspect Ryan Christopher Thompson was arrested for DUI at the same location by Deputy Kibbey. 1530 hours — La Quinta SET deputies served a property related search warrant in the 44900 block of Vista Dunes. The search stemmed from a brandishing a weapon and criminal threats investigation. Deputies arrested Lawson Bagby for criminal threats and brandishing a firearm. Amanda Prock, Bagby's sister was also arrested for brandishing. Both admitted to the crimes and were booked into the Indio Jail. 1701 hours- Evan Duteau, Matthew Altenbem, and Marcie O'Malley walked into La Quinta High School and stole a bike belonging to school security. All three subjects were chased by security and Duteau dropped the bike and escaped. O'Malley and Altenbem were detained by school security and a teacher. During the detention, O' Malley and Altenbem assaulted the teacher. Duteau returned a short time later and all three were arrested. Duteau was arrested for grand theft and O'Malley and Altenbem were arrested for assault. Arrest by School Resource Officer Smith and Moore. 2130 hours- Deputy Alexander arrested Noble Peralta for being under the influence of a controlled substance in the 50900 block of Washington Street. 03/25 Wednesdav (99 0052 hours- Deputies Anderson and Deputy Irving conducted a traffic stop at Seely Drive and Miles Avenue and arrested Andrea Dobi for DUI. 03/26 Thursday (98) 1327 hours — Deputy Heredia responded to Kohl's, 78950 Highway 111, La Quinta reference a theft. Deputy Heredia's investigation took him across the street to Target where two suspects had been detained. Christian Rodriguez and Yesenia Reyes were arrested and booked for commercial burglary. 1731 hours — Deputies Contreras and Celaya arrested Jonathon King and Mason Terry for taking miscellaneous bicycle items and leaving Wal-Mart without paying for them. They had two juvenile children with them when they committed the crime. When confronted by Wal-Mart loss prevention officers, Mason displayed a weapon and threatened them. Both suspecs fled the scene but were captured later by La Quinta Officers. The two children were released to their mother who was not at the store when the crime occurred. The suspects were taken to the Indio Jail for the booking process. 03/27 Friday (98) 1520 hours — Deputy Pittenger contacted and arrested two female juveniles for stealing clothing from the Kohl's Department Store. Erik Alberto Velardo-Felix helped the juveniles load and conceal the clothing in the shopping cart. Felix left the store and positioned his vehicle for a speedy getaway. When he saw the two juveniles being detained by loss prevention officers, he drove away, and left them behind. He later • came to the Indio Station to pick up his sister who was one of the juvenile suspects. Sgt. Adams 454 . recognized him from store surveillance photos and he was taken into custody. The juveniles were booked into the Indio Juvenile Hall. Felix was transported to the Indio Jail and booked. 1543 hours — La Quinta SET served a property related search warrant in Thousand Palms. Arrested for commercial burglary, La Quinta Wal-Mart, was Judd Zamora. No physical evidence was located and a second suspect, Jessie Tate, was not present during the time of service. Zamora was booked into the Indio Jail. 2040 hours — Corporal Perez contacted and arrested Michelle Simmons for shoplifting at Wal-Mart. Loss prevention officers took her into custody and completed the Private Persons Arrest Form. Simmons was transported to the Indio Jail for the booking process. 2130 hours — Deputy William Feibig responded to Kohl's Department Store regarding shoplifters in custody. Two female juveniles were arrested, issued citations and released for shoplifting and for being in possession of marijuana. 03/28 Saturday (72 0030 hours — Deputy Lopez responded to the 53300 block of Eisenhower Dr. regarding a loud party. Edgar Verdugo was arrested and booked for public intoxication. 0056 hours — Deputy Berry responded to the 44000 block of Goldenrod Circle regarding a domestic disturbance. Paul Gomez was arrested and booked for domestic- battery. 0332 hours- Corporal Taylor and Deputy Lopez responded to the 53300 block of Eisenhower Dr. reference a loud party call. Arriving deputies had beer bottles and rocks thrown at there units as they inspected the residence. Cpl. Taylor arrested Michael Villalobos for possession of marijuana and towed three vehicles for parking violations. Dep. Lopez arrested Brandon Gomez for being intoxicated in public. 1346 hours — Deputies Hart and Illera responded to the area of Nuevo and Calle Vista Verde reference a suspicious vehicle. Deputy Illera located the vehicle and conducted a traffic enforcement stop at Nuevo and Dune Palms. The driver, Joseph Sollano, was arrested for possession of methamphetamine and violation of parole. 1438 hours- Deputy Lun responded to a report of shoplifting at Target. Four suspects took items from the store and left in a vehicle. Witnesses provided the vehicle license plate number. Corporal Sasser located the suspects as they were driving and conducted a vehicle stop. Several stolen items were located in the trunk area of the vehicle. Deputy Lun arrested Patrick Duran and Jessica Garcia for grand theft and booked into Indio Jail. A 14 year old juvenile was detained but at the time of the investigation it could not be determined that she was a participant of the crime. 1430 hours — Deputy Michelle Hart conducted a traffic stop at Fred Waring X Dune Palms and arrested Joseph Sollano for being in possession of methamphetamine. He was booked into the Indio Jail. 1500 hours — Deputy Pittenger contacted and arrested three juveniles for taking items from Kohl's without paying for them. Loss prevention officers completed the Private Persons Arrest form and the juveniles were released to their parents. 1740 hours — Deputy Pittenger contacted and arrested Carmen Aguirre and two juveniles for shoplifting at Kohl's. Loss prevention officers completed the Private Persons Arrest form and the juvenile's was released to their mother. Carmen was issued a citation and released. 03/29 Sunday (60) • 2352 hours — Deputy Anderson arrested David Montez De Oca for resisting arrest after stopping him at La Fonda X Washington St. for a cell phone use violation. Montez De Oca refused to sign a citation and fled 455 from deputies to his residence a few blocks away where he was apprehended. A short scuffle ensued where Montez bumped his head on the garage door while struggling with deputies. He was transported to JFK and cleared for booking. 2200 hours- Deputy James arrested Mary O'Neill for DUI at La Fonda and Desert Club after a non -injury traffic collision. 03/30 Mondav (83 0115 hours — Deputy Anderson arrested Deborah Douglas for DUI after she was found passed out behind the wheel of her car at the AM/PM gas pumps. 2115 hours- Deputy Rowley responded to the area of Hwy I I I and Dune Palms in reference to a report of a reckless driver. Sgt. Roggeveen was in the area of the call and located the vehicle driving WB on Hwy I I I weaving across all three lanes and he stopped the vehicle at Washington and Hwy 111. The driver, Rafael Tinoco Jr., was arrested for DUI drugs. 03131 Tuesdav (114 0050 hours- Deputy Anderson conducted a traffic stop at Hwy.I 11 X La Quinta Center Drive and arrested Antonio Molina for DUI. 0344 hours- Deputy Kibbey conducted a traffic stop at Dune Palms Road and Hwy.111 and arrested Julio Roman for DUI. 1100 hours — Motor Officer Reynolds conducted a vehicle stop on Mark Garcia at Avenida Montezuma and Calle Nogales. Garcia had two active arrest warrants for possession of marijuana. A search, incident to Garcia's warrant arrest, discovered .5 grams of leaf marijuana in his possession. Garcia was booked into the Indio Jail for the illegal possession of marijuana. 2030 hours — La Quinta SET deputies responded to Ashley Dr. and Desert Stream in reference to an unoccupied stolen vehicle parked near the park at the intersection of Desert Stream and Ashley Dr. The vehicle had been stolen earlier from the 78200 block of San Timateo. Surveillance was conducted on the vehicle and the suspects returned to the vehicle. The suspects fled from the responding officers. Three of the suspects were captured after a short foot pursuit and one additional suspect was identified. 2049 hours- Deputy Trueblood was in the area of the park at Westward Ho and Dune Palms when he contacted a 17 year old juvenile who was "acting suspicious". During a search of the individual, Deputy Trueblood located numerous baggies containing cocaine. The juvenile suspect was booked for possession of cocaine for sales. TOTAL CALLS FOR SERVICE: 2,916 • 456 s CITY OF LA QUINTA Traffic Services Team Report March 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton Is C.S O Delaney Dep. Reynolds SIGNIFICANT ACTIVITY 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 26 collisions were reported during the month of March When all collision types are counted, including those on private property, the residents of La Quinta are enjoying a 15.57% collision rate reduction this year to date when compared with the same time period in 2008. More specific to public roadway collisions, the residents of La Quinta enjoyed a 17.24% collision rate reduction compared with 2008. More importantly, March 2009 saw a 40% reduction in reported injury collisions to our citizens. To demonstrate our focus on collision reduction, unsafe lane changes have equaled speed violations as the leading cause for traffic collisions within our city. As a result of the alarming trend, La Quinta Traffic Services has increased enforcement of unsafe turning violations by 275% since January 2009. Unsafe speed enforcement has increased 117.7% during the first quarter of 2009 to address the city's number one rated cause of traffic collisions At the same time, drunken driving collisions have impacted by ongoing education and enforcement efforts by the Traffic Services Team, resulting in a 60% decrease in alcohol involved motor vehicle collisions to date. Unsafe driving habits account for the majority of motor vehicle collisions within any given city. As a result of these unsafe habits, the severity of injuries can be linked to roadways that permit higher speed limits and the prevalence of unrestrained occupants. La Quinta Traffic Services conducts on -going analysis for the nature of motor vehicle collisions occurring within the city. In keeping with developing trends, Traffic Services focuses upon the leading cause of collisions and injuries by conducting increased safety enforcement and educational programs. 457 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report • March 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 23 89 111 -19 82% Fatal Collisions 0 0 1 -100.00% Number Killed 0 0 1 -100.00% Injury Collisions 5 17 23 -26.09% Number Injured 6 18 30 -40.00% Property Damage 18 72 87 -17.24% Type of Collision Hit & Run 3 13 12 8.33% Private Property 3 14 11 27 27% Bicycle Collisions 2 3 4 -25.00% Number Injured - Bicycle Collisions 1 2 3 -33.33% Vehicle vs. Pedestrian 0 7 0 , cohol Involved 1 4 10 -60.00% Reports Taken By Patrol 25 94 105 -10.48% Traffic 1 14 9 55.56% SRO 0 2 3 -33.33% Target Team 0 1 Detective 0 0 1 100.00% DUTY UNKNOWN 0 0 4 100.00% TOTAL REPORTS 26 103 122 -15.57% Counter Reports DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run AIU 6 3 5 4 Primary Collision Factors Number % Total Unsafe Speed 8 30 77% Auto R/W Violation 4 15.38% Unsafe Lane Change 3 11.54% Unsafe Starting or Backing 2 7.69% her Improper Driving 2 7.69% proper Turning 2 7.69% Driving Under Influence 2 7.69% Unknown 1 3.85% Other Hazardous Movement 1 3.85% Improper Passing 1 3.85% 0 Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report March 2009 SIGNIFICANT ACTIVITY Working cooperatively with the La Quinta Set Team, I assisted in serving a property related search warrant within the city. In the course of conducting the search warrant I located illegal narcotics that were separated and packaged for sales. Although not present at the time of the search warrant, the suspect was later located and placed under arrest. I conducted a follow-up investigation related to a theft that had taken place on the SR 111 business corridor. Leads developed led to the identification, location, and arrests of a suspect who was charged with commercial burglary. In addition, at the time of his arrest he was found to be in possession of illegal narcotics. After investigating a theft from a vehicle I authored a property and narcotics related search warrant. The suspect had stolen an electronic item from the vehicle which he then traded for narcotics. As a result of the search warrant a large quantity of illegal narcotics was located and removed from the streets of our community. Since the narcotics were packaged for sales, additional charges were filed. Three suspects were arrested and the stolen item was recovered. 1 conducted extensive pro -active patrol along the SR 111 business district corridor utilizing the Segway patrol resource 459 r� 0 Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team March 2009 SET TEAM Supervising Sgt. Mark Hoyt Summary of Activity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Act ivi # of IncidentsI Type of Activit # of Incidents Programs 6 Weapons Recovered 0 Vehicle Checks/Sto s 41 Arrest Warrants Served 9 Pedestrian Checks 13 Search Warrants 14 Follow-ups 38 Parole Searches 3 Citations Issued 5 Arrests/Filings 22 SIGNIFICANT ACTIVITY During the month of March, the La Quinta Special Enforcement Team served fourteen property related search warrants throughout the Coachella Valley. As a result, twenty-two individuals were arrested for charges of burglary, possesion of stolen property and possession of illegal narcotics. One stolen vehicle was recovered and three juveniles were charged with the crime. SET Team Deputies conducted parole and probation compliance checks of known parolees and probationers living within the City of La Quinta. SET Team Deputies conducted a two day covert surveillance program related to criminal activity centered at a commercial district location. No crimes occurred during the time frame of the surveillance program. 460 • • 0 Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report March 2009 Summary of Activity Type of Activit Number of Incidents Reports 9 Arrests 1 Traffic Stops 1 Business Checks 4 Out of Custody Filings 6 Vehicle Checks 4 Pedestrian Checks 6 YAT Referral 0 A school district security officer observed a student displaying an unknown item to other idents. As the security officer approached, the student quickly concealed the item. As security officer spoke with the student he found that the student was in possession of arijuana on campus. The student stated that another student had sold him the marijuana and )vided the second student's name. I contacted the second suspect and he admitted that he Id the marijuana to the first student. In the course of the investigation, the name of a third ident came up in conversation and when I contacted him he was found to be in possession marijuana. Charges were filed against all three students. A student at Colonel Mitchell Paige Middle School was found to be in possession of metal uckles. The student was arrested and transported to juvenile hall for possession of a ngerous object. I investigated a report of an adult having unlawful intercourse with a student. I wrote a arch warrant for the suspect's cellular telephone and forwarded the results to investigators io are continuing the investigation. I transported two students to Oasis Mental Health for 72 hour evaluation after they monstrated behavior that was unhealthy and threatened their well being. I investigated a parent complaint against a school security officer. It was determined that are had been no misconduct by the school security officer. I/f • PJ • La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report March 2009 Deputy Rebecca Smith Summary of Activity Type of Activity Number of Incidents Reports 19 Arrests 8 Traffic Stops 1 District Attorney Filings 1 Truancy Citations 5 Vehicle Checks 6 Follow-up / Public Assist 13 Pedestrian Checks 32 Y.A.T. Referral 4 Traffic Citations 1 Business Checks 6 Home Visits 3 1. Continuing to investigate the vandalism that occurred at La Quinta Middle School and the La Quinta Sports Complex in February, I identified three juvenile suspects who appear to have been involved. I wrote two search warrants which will be served by myself, other School Resource Officers, and the La Quinta Special Enforcement Team. 2. 1 arrested a student for possession of marijuana on school grounds. Investigation revealed that the student had purchased the narcotics from another student. I had previously arrested the second student selling drugs on campus. My investigation is 3. 1 have been working closely with School Resource Officers Hendry and Moore in planning and coordinating a major "active shooter" training program that will be held in April during the annual spring break. 462 s Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report March 2009 Summary of Activity Type of Activity Number of Incidents Criminal Reports 22 City Administrative Citations 2 Arrests 3 District Attorney Filings 7 Y.A.T.. Referral 11 Vehicle Checks 11 Pedestrian Checks 49 Follow -Up 4 Traffic Stops & Citations 21 Parking Citations 6 Bicycle Patrol Miles 27.3 Truants Cited 12 SIGNIFICANT ACTIVITY 1. Six female juveniles were issued citations for trespassing on school property and escorted off campus without incident 2. Contacted an adult male observed on school property as students were leaving for the day. The male was found to be in possession of a knife and was arrested and booked at Indio jail. 3. Responded to a classroom after a teacher observed what appeared to be narcotics in the possession of a student. Testing of the substance was negative. 4. Summoned medical personnel after a female student suffered a panic attack and lost consciousness. The student was released to the care of her parents. 5. Assisted with security at La Quinta Middle School during a motivational speech by actress Florence Henderson. 6. Investigated an allegation of child abuse and transported the victim to Safe House of the Desert. Misdemeanor charges were filed against the student's mother. 7. Conducted four truant sweeps related to La Quinta High School students. 8. Investigated a report of a student providing a second student with sleeping pills. Charges were filed against both students and they were referred to probation. 463 • n CITY OF LA QUINTA Community Service Officer Report March 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S O. Lisa Land Summa of Activity Type of Activity Number of Incidents Burglary Investigations 5 Grand Theft Reports 2 PettyTheft Reports 3 Vandalism/Malicious Mischief Reports 10 Traffic Collision Response 23 Vehicle Code or Parking Citations 79 Abandoned Vehicles Tagged/WarningTaggedNVarning 7 Towed Vehicles 0 Lost or Found Property Reports 3 Stolen Vehicle Report 2 Custodial / Non -Custodial Transport 36 Miscellaneous Calls 83 464 0 C Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report March 2009 Summary of Activity Community Pol F Number Citizens On Patrol Number Monthly Volunteer Hours 164 Training Hours 0 Hours Y.T.D. 463 Business Checks 38 Hours 4/03 to Present 16,433 Traffic Control 0 CPO Monthly Visits 138 Courtesy Notifications 20 CPO Y.T.D. Visits 330 Miscellaneous Activity 5 CPO Visits 4/03 to Present 12,830 Neighborhood Patrol 16 Vacation Checks 29 ours Pa.Ttrol Houl 118 Y.D PatroHours 381 Hours 7/06 to Present 3,585 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated Y.T.D. financial benefit to the La Quinta Police Department and the City of La Quinta totals: $13,707. Total savings since 2003 $325,092.00. Sgt. Matthew Martello and Volunteer Coordinator Danese Maldonado are currently in the ® process of conducting a review and evaluation of the La Quinta Police Department volunteer program. They will be considering the performance of current volunteers, existing and proposed volunteer duties, avenues of volunteer recruitment, equipment and resource needs, improved communications, new Citizen On Patrol uniforms, as well as an update of policy and procedures. "'' 465 0 CITY OF LA QUINTA Post 503 Explorer Report March Corporal Andy Gerrard Post 503 Volunteer Community Clean Up Crew SIGNIFICANT ACTIVITY Twenty-two Post 503 Explorer members and guests assisted Riverside County Code Enforcement personnel with a community clean up event in Oasis. In only four hours, the volunteer crew picked up several tons of illegally dumped items It was great to see the littered desert return to a more natural looking area. Post 503 Explorer training focused on the following areas of instruction 1. Unknown risk vehicle stop scenarios. 2. Bicycle patrol strategy and training. 3. Physical conditioning drills. 4. Competition event practice. 5. Close order marching and drill practice. 6. Radio /Police code 10 and code 11 drills. Senior 911 Communications officer Isaac Juarez presented a class detailing the operations of the two Riverside County Sheriffs communications centers. Officer Juarez explained how both emergency and non -emergency calls for service are received, categorized by priority, and assigned to officers in the field. He utilized taped examples of actual dispatcher / officer calls to illustrate the importance of proper radio conduct SPost 503 meetings are held on Wednesday evenings, 5:00 p.m. -- 7:00 p.m. at the Indio station of the Riverside County Sheriffs Department (82-695 Dr. Carreon Blvd.). For information about the Post 503 Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. Department Report: • LA Ul TA P@LICL Served by the Rverside County SherAPs Deparment Crime Statistics Summary February -- 2009 0 Prepared for • 467 11 PART U 9 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- February CRIME February February YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULTS 4 6 12 9 BURGLARY 52 42 93 99 BURGLARY - VEHICLE 16 20 46 58 DOMESTIC VIOLENCE 19 14 30 27 HOMICIDE 0 0 0 0 NARCOTICS VIOLATIONS 23 9 51 34 ROBBERY 2 3 4 4 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 3 1 8 3 SEX CRIME MISDEMEANOR 2 1 3 1 SIMPLE ASSAULTS 5 9 15 13 THEFT 66 66 151 130 VEHICLE THEFT 7 11 18 27 CITY OF LA QUINTA DISPATCH INFORMATION - February 2009' TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY NIA 0 ROUTINE 1 8.5 1,165 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. • I t E s Crime Distribution Table Feb-09 % of Total Feb-08 % of Total 1 AGGRAVATED ASSAULTS 4 2.01% 6 3.30% 2 BURGLARY 52 26.13% 42 23.08% 3 BURGLARY - VEHICLE 16 8.04% 20 10.99% 4 DOMESTIC VIOLENCE 19 9.55% 14 7.69% 5 HOMICIDE 0 0 00% 0 0.00% 6 NARCOTICS VIOLATIONS 23 11.56% 9 4.950 7 ROBBERY 2 101% 3 1.65% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 3 1.51% 1 0.55% 10 SEX CRIME MISDEMEANOR 2 1.01% 1 0.55% 11 SIMPLE ASSAULTS 5 2.51% 9 4.95% 12 THEFT 66 33.17% 66 36.26% 13 VEHICLE THEFT 7 3.52% 11 6.04% Total 199 97.99% 182 96.70% CITY OF LA QUINTA February 2009 Crime Distribution 66 70 60 50 40 30 23 L 1 20 20 n mf ] 9 •• 469 s • Ll 70 60 50 40 30 20 10 160 140 120 100 80 60 40 20 0 Month to Month Crime Comparison - February 52 E t 3 t! at I t as c <c o O O a O o -gym Fnw >w x m �C� A mA o3 3 m m mx m x as-z'- c� Cr< a �a -3a n O O m m A A Year to Date Crime Comparison -February 0 February 2009 ❑ February 2008 a td m < p S <'Z A A N K > > C <C O O y O O -.gym 7,� S m > A m A m 9 m x O m > as m 'xm rnm n YO m OM rm 00 mx C"d p a O m =FD 470 0 0 CJ Month to Month Calls for Service Comparison February 2009 0 Feb. 09 0 Feb.08 3,000 2,7831 243 2,000 Q70 —__- 1-1-661 27 1,000 0 Total Non-Crininal Criminal Year to Date Calls for Service Comparison 6,000 5,632 5,000 .4,78.1 _— -- -_ - 4,000 --- - - 3,147 3,000 ------- _ _ ®YTD 2009 2,485 21556 13 YTD 2008 2,227 2,000 - 1,000 — 0 Total Non -Criminal Criminal 471 Presented by: Department Report City of La Quinta Fire pnart ent �ity o� La Quointa Fire Department Quarterly Report Battalion Chief /o 472 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris 4. Rancho Mirage Rubidoux CSD San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglwne, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE 'COUNTY FIRE DEPAR] MENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue Perris, California 92570 a (951) 940-6900 a Fax (951) 940-6910 April 12, 2009 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for January 1, 2009 through March 31, 2009. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: ® Medical Aids 567 o False Alarms 83 ® Structure Fires 9 o Vegetation Fires 3 o Rescues (accidents, entrapments) 58 e Other Fires (vehicle, refuse, etc.) 11 e Public Service Assists 25 (Non -emergency assistance) ® Fire Menace Standby 5 (Fuel spill, gas leak etc.) As you review this month's statistics, you will note that the numbers remain virtually flat, with some call types down slightly. This reflects an overall trend we are seeing across the area. With visitor and other activity numbers down, our emergency calls reflect the same. Occasionally we respond to incidents which cause us to wonder if they are related to the current economy. Attached are some photos showing damage sustained to a residential structure recently. In this case the electric meter had been illegally by-passed after the power had been shut down by the power company. Respectfully Submitted, John R. Hawkins County Fire Chief By: Dorian J. Cooley Battalion Chief •,1. 473 1. ..i i�i [llil i:.4 z Sig :al Responses ❑ False Alarms ❑Structure Fire ❑ Vegetation Fires ❑ Rescues ❑ Other Fires ❑ Public Service Assists ❑ Fire Menace Standby January-09 February-09 March-09 Totals Medical Responses 228 181 158 567 False Alarms 32 30 21 83 Structure Fire 2 3 4 9 Vegetation Fires 0 2 1 3 Rescues 22 22 14 58 Other Fires 2 1 5 4 11 Public Service Assists 7 12 6 25 Fire Menace Standby 2 2 1 5 TOTALS 295 257 209 761 474 m 500 m PIT; 100 0 La Quintal City Fire Responses Quarterly Totals ❑ 2009 ❑ 2008 s�^`c�Gr Go9sfd� �sscGo p��o^�` 4 6Ax /°s ^��e S r �s o -0 o> os ey% 'doo s s os ss�s a6y First Quarter 2009 2008 Medical Responses 567 547 False Alarms 83 87 Structure Fire 9 12 Vegetation Fires 3 1 Rescues 58 74 Other Fires 11 19 Public Service Assists 25 41 Fire Menace Standby 5 10 TOTALS 761 791 4/12/2009 475 476 \J, Y4K ' J KY. T4t!t 4 Qum& "roF� COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution for Tentative Tract Map 36089 for Subdivision of 8.45 Gross Acres into Two Lots for Condominium Purposes Located at the Southwest Corner of Miles Avenue and Seeley Drive. Applicant: Dolphin La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 36089, subject to Conditions. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: 1►159W BACKGROUND AND OVERVIEW: Ili!1TA1000IJd40k/elsd01ki691014;f'erris] 0F The La Quinta Planning Department has determined that this Tentative Tract Map has been assessed in conjunction with Addendums to the originally certified Environmental Assessment 2001-436, prepared for Specific Plan 2001-055, Amendment #1 (Center Pointe), certified on June 3, 2003 and Amendment #2, certified on November 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166 since this project implements approved Specific Plan 2001-055, Amendments #1 and 2. ZONING Tourist Commercial 478 GENERAL PLAN DESIGNATION Tourist Commercial SURROUNDING ZONING/LAND USES NORTH: Low -Density Residential/Single Family Residential Across Miles Avenue SOUTH: Commercial Office and Medium -Density Residential/Medical Complex under construction and vacant residential land EAST: Parks and Recreation/Dog Park Across Seeley Drive WEST: Tourist Commercial/Hotel and Applebee's Restaurant BACKGROUND The property is part of the Centre Pointe project site originally approved as Specific Plan 2001-055 by the City Council on February 5, 2002, later amended on June 3, 2003 and again on November 1, 2005. The City Council approved Parcel Map 31116, a commercial parcel map for the entire Centre Pointe site, on February 1, 2005. The Centre Pointe project site is located at the southeast corner of Miles Avenue and Washington Street. The project consists of the existing Homewood Suites Hotel, the La Quinta Desert Villas, Pioneer Park, Applebee's Restaurant, and the Eisenhower Medical complex (Phase 1 under construction). When completed, the Center Pointe Specific Plan will contain an additional future restaurant, future phases of the Eisenhower medical complex along with the possibility for future single and multi -family residences. The subject parcels are located immediately east of the Hilton Homewood Suites hotel (Attachment 1). In addition to the 4-unit single story casita building located on a separate parcel north of the hotel, 40 of the 164 total approved residential casita units have been constructed on the subject property, including a double row of uncovered parking surrounding the units on the north, south, and east. On the west is a walkway and common area for the casitas and hotel. Staff is currently reviewing carport designs which will provide covered parking for the existing units. The original Site Development Permit was approved on February 24, 2004, which included the hotel and 132 related casitas units. In November of 2005, Amendment #2 to the Specific Plan was approved to allow an additional 32 casitas within a 2.1 acre area at the northeast corner of the site, for a total of 164 casitas units. These casita units would be located within 13 one and two story cluster courtyard villas. A general plan amendment and zone change were also approved for the 2.1 acre site changing the general plan and zoning designation from Medium -Density Residential to Tourist Commercial to facilitate the 479 casitas. The original intent was to sell the casitas as vacation homes and allow the adjacent Homewood Suites to include them in their rental pool when the homeowners were not using them. The two bedroom units can be locked off into two rental rooms, one having the kitchen facility. The 40 existing casitas constructed by Lennar Homes are within proposed Lot 1 of the tentative tract map site. None of these casitas have been sold and are all presently owned by the applicant. PROPOSAL The applicant is proposing to divide the 8.45 gross acre site into two lots for condominium purposes (Attachment 2). The applicant has stated they intend to sell the proposed Lot 1 with the existing 40 units as a single 40 unit condominium project. As noted, Lot 1 will consist of 2.31 acres and contain the 40 existing casitas units. The lot boundaries on the north, south and east generally run through the parking lot drive aisle. On the west the boundary is generally a walkway along the side of the units which is an existing property line between the hotel and casitas. Lot 2 is mostly vacant except along most of the west boundary where half of the existing parking spaces and drive aisle are located on the lot. The map states this lot is proposed to be developed with 110 condominium units. A partial stub street lot "A" is proposed near the east end on Seeley Drive at the roundabout intersection. This will provide access to the future development on Lot 2. PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project applications were advertised in The Desert Sun newspaper on February 23, 2009 for the March 10, 2009 Planning Commission hearing and April 10, 2009 for the City Council hearing on April 21, 2009. No written comments or phone calls were received for the Planning Commission hearing, and to date, none have been received for the City Council hearing. ANALYSIS Approval of the proposed Tentative Tract Map would not result in a change to the overall land use of the Centre Pointe Specific Plan development area and would permit the condominium project to be divided between two developers. Approval of this tentative map will reduce the total number of allowable casita units from ail 164 to 150. Based upon preliminary discussions with the applicant, it is anticipated that the site design and architecture of the new units will differ from the current entitlements and existing units. This will necessitate a separate Site Development Permit in the future. It is anticipated that all of the future units will be resort residential. The recommended conditions of approval are not substantially different from the existing conditions of approval under Parcel Map 31116, aside from updated references to current development standards and fees. PLANNING COMMISSION ACTION The Planning Commission reviewed this project at its March 10, 2009 regular meeting, and with minimal discussion recommended to the City Council approval by adoption of Resolution 2009-009 on a 5-0 vote (Attachment 3). PUBLIC WORKS DEPARTMENT REQUEST FOR MINOR REVISIONS TO CONDITIONS OF APPROVAL Subsequent to the Planning Commission hearing, staff received an e-mail (Attachment 4) from the Public Works Department requesting minor revisions to three conditions of approval of the tentative tract map based upon discussions with the applicant. The requested revisions are as follows: Condition 15A: 15. The applicant shall create perimeter landscaping setbacks along all public rights -of -way as follows: A. Miles Avenue (Primary Arterial, Option A) - The perimeter landscaping setback of 20 feet required by the General Plan has been retained by the City of La Quinta Redevelopment Agency along the Miles Avenue right of way. No landscape setback is required along Miles Avenue for this Tentative Parcel Map. ; heweaer, the applicant FBEILliFed to Reason for revision - The City Engineer determined that there will be no deceleration/right turn lane on Miles Avenue, so this language is not applicable. Condition 23: 23. A Traffic Analysis required for the Eisenhower Ambulatory Clinic (SDP 2007-887) has determined that the traffic signal conditioned of Parcel Map No. 31116 will be required at project opening. Therefore, the applicant shall not be granted Certificate of Occupancy for any future development on Lots -a-- 2 until said traffic signal is operational as required by the City Engineer if this tentative tract precedes the afore mentioned. Reason for revision - Lot 1 already has Certificates of Occupancy so the condition is not applicable to Lot 1. Condition 31: 31. 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 " - ^— ^�;e. Reason for revision - The City Surveyor agreed to accept a 1 " = 60' scale. Staff finds these revisions minor and has made the changes in the recommended Conditions of Approval. FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt City Council Resolution approving project; or, 2. Do not adopt Resolution of the City Council approving project; or, 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson Planning Director Approved for submission by: Thomas P. Genovese, City Manager 43% Attachments: 1. Location Map 2. TTM 36089 exhibit 3. Planning Commission Minutes for the Meeting of March 10, 2009 4. E-mail from Public Works Department 483 RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF AN 8.45± ACRE PROPERTY INTO 2 PARCELS FOR CONDOMINIUM PURPOSES, LOCATED WITHIN THE CENTRE POINTE SPECIFIC PLAN BETWEEN MILES AVENUE AND SEELEY DRIVE CASE NO.: TENTATIVE TRACT MAP 36089 APPLICANT: DOLPHIN LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 21" day of April, 2009, hold a duly -noticed Public Hearing to consider the request of DOLPHIN LA QUINTA, LLC for approval of a Tentative Tract Map to allow the subdivision of an 8.45± acre property into two residential lots for condominium purposes, totaling up to 150 residential units, located on property located at southwest corner of Miles Avenue and Seeley Drive, more particularly described as: A DIVISION OF PARCEL B OF LLA 2008-495, PORTION OF PARCEL 2 AND 3 OF PM 31116, BEING A PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN APN'S: 604-040-076, 604-040-077, 604-040-078 WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 101h day of March, 2009, hold a duly noticed Public Hearing to consider the request of Dolphin La Quinta, LLC., for the subdivision of 8.45± acres into two residential lots for condominium purposes and did adopt Resolution 2009-009, recommending approval of Tentative Tract Map 36089 to the City Council; and, WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council previously certified Environmental Assessments 2001-436 and 2005-551 for Specific Plan 2001-055, the Center Pointe Specific Plan. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Department did publish a public hearing notice in The Desert Sun newspaper, on the 10`h day of April, 2009, as prescribed 484 Resolution No. 2009- Tentative Tact Map 36089 Dolphin La Quinta, I.I.C. Adopted by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; 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 make the following mandatory findings to justify approval of the Tentative Tract Map: 1. The proposed map or vesting map is consistent with the City's General Plan and the applicable Centre Pointe specific plan. Tentative Tract Map 36089 and its design and improvement, is consistent with the General Plan and the Centre Pointe Specific Plan in that the lots are intended to be used in compliance with the General Plan and zoning designation for resort residential uses. The new parcels have or will be developed in accordance with the development standards of the Tourist Commercial zoning of the parcel. 2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and applicable Centre Pointe specific plan. The design and improvement of Tentative Tract Map 36089 is consistent with the La Quinta General Plan, with the implementation of the conditions of approval to ensure proper street widths and perimeter walls, as well as safe and adequate storm water drainage, street, intersection, entry, and other infrastructure improvements. The design of the condominium map is in accord with the Centre Point Specific Plan in that it remains consistent with the Tourist Commercial land use and design identified in the Specific Plan. The total number of 150 condominium units will be less than the maximum permitted density identified in the Specific Plan. 3. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The design of Tentative Tract Map 36089 and proposed improvements is not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal 435 Resolution No. 2009- Tentative Tract Map 36089 Dolphin La Quints, U.C. Adopted pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The design, density, and layout of Tentative Tract Map 36089 is in accord with prior environmental studies and will conform to all previously required mitigation measures. 4. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of Tentative Tract Map 36089 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in prior environmental assessments prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. Prior environmental assessments have determined that there are no significant impacts to air or water quality, geology soils, or other significant health or safety -related impacts which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which have been required. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design and improvements required for Tentative Tract Map 36089 will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed Map since none presently exist, but future easements will be provided for reciprocal access and parking as needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in this case; 2. That it does hereby approve Tentative Tract Map 36089, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. 486 Resolution No. 2009- Tentative Tract Map 36089 Dolphin La Quinta, L-C. Adopted PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 21" day of April, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 487 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: GFNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Tract Map shall expire two years after City Council approval on April 21, 2009, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.150 (Term of Tentative Maps) and the Subdivision Map Act. 4. Tentative Tract Map 36089 shall comply with all applicable conditions of approval and amendments for Specific Plan 2001-059, Environmental Assessment 2001-436, Site Development Permit 2003-793, and Development Agreement 2003-006. 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: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; 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. 6. The applicant shall comply with applicable provisions of 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; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7- 2008-0001 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 Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). M RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - R TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 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). 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. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 490 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - R TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 8. 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 9. 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 and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or Development Agreement over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. The applicant shall provide recorded information for reciprocal access agreements between CP Development, Dolphin La Quinta, LLC and other property owners on the north side of Seeley Drive. 11. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The public street right-of-way offers for dedication required for this development include: 491 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: A. PUBLIC STREETS 11 Miles Avenue (Primary Arterial, Option A - 1 10' ROW) - The standard 55 from the centerline of Miles Avenue for a total 110-foot ultimate developed right of way has been previously dedicated on Parcel Map No. 31116. No additional right of way dedication is required on Miles Avenue for this tentative tract map. 2) Seeley Drive (Non -conforming Collector Street, 80' ROW) - Eighty feet (80') right of way dedication for a total 80-foot ultimate developed right of way from Washington Street to Miles Avenue has been previously dedicated on Parcel Map No. 31116. No additional right of way dedication is required on Seeley Drive for this tentative tract map except for additional right of way dedication at the shared entry drive to Lots 1 and 2 off of Seeley Drive and for Lot A of this tentative tract map to include all curb returns and corner cuts at the access drive. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall create perimeter landscaping setbacks along all public rights -of -way as follows: A. Miles Avenue (Primary Arterial, Option A) - The perimeter landscaping setback of 20 feet required by the General Plan has been retained by the City of La Quinta Redevelopment Agency along the Miles Avenue right of way. No landscape setback is required along Miles Avenue for this Tentative Parcel Map. B. Seeley Drive (Non -conforming Collector Street, 80' ROW) - 20-foot from the R/W-P/L. 492 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Seeley Drive from lots with frontage along Seeley Drive is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. 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. STREET AND TRAFFIC IMPROVEMENTS 20. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Miles Avenue (Prima ry]Arteria1; 1 10' R/W option): a) No additional widening on the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the General Plan and the requirements of these conditions are required of this tentative tract map. 493 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 2) Seeley Drive (Non -conforming Collector Street, 80' ROW) — Eighty feet (80') right of way dedication for a total 80-foot ultimate developed right of way from Washington Street to Miles Avenue has been previously widened by Parcel Map No. 31116. a) No additional widening is required on the north side of Seeley Drive for this tentative tract map except for additional right of way dedication at the shared entry drive to Lots 1 and 2 off of Seeley Drive for this tentative tract map to accommodate curb returns and corner cut outs at the access drive to this tentative tract map and as approved by the City Engineer. 21. General access points and turning movements of traffic are limited to the following: A. Primary Entry — Westerly Drive across Eisenhower Ambulatory Center (Seeley Drive): All in and out movements are allowed. B. Secondary Entry - Easterly Drive at the existing roundabout (Seeley Drive): Right turn in and out movements are allowed and left turn movements in and out are prohibited due to the roundabout circulation pattern. 22. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 23. A Traffic Analysis required for the Eisenhower Ambulatory Clinic (SDP 2007- 887) has determined that the traffic signal conditioned of Parcel Map No. 31116 will be required at project opening. Therefore, the applicant shall not be granted Certificate of Occupancy for any future development on Lot 2 until said traffic signal is operational as required by the City Engineer if this tentative tract precedes the afore mentioned. 24. 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. RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 26. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for this tentative tract map and these conditions of approval. 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil 4 9 :, RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 28. 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. 29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 30. 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. FINAL MAPS 31. 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. 32. As future site development on Lot 2 has not been defined by the applicant, the applicant is required to submit all documentation at the time of entitlement for Lot 2. W RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 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. 33. 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 LQMC Section 13.24.040 (Improvement Plans). 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Non -Residential/ Commercial Precise Grading Plan (Lot 2 Remainder) 1 " = 20' Horizontal B. PM10 Plan (Lot 2 remainder) 1" = 40' Horizontal C. SWPPP (Lot 2 remainder) 1 " = 40' Horizontal D. WQMP (Lot 2 remainder) (Plan submitted in Report Form) 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. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. 49� RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 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 Precise Grading Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, an "On -Site Non - Residential/ Commercial Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On -Site Non -Residential/ Commercial 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. 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. 35. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, 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 submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. �•: RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: IMPROVEMENT SECURITY AGREEMENTS 37. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 38. 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 LQMC Chapter 13.28 (Improvement Security). 39. 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. M RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, I.I.C. ADOPTED: 40. 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 others. E. To agree to any combination of these actions, 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. 41. If 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. 500 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: Security will not be required for telephone, natural gas, or Cable T.V. improvements. 42. 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. PRECISE GRADING 43. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 44. 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. 45. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C: A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). 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. 501 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 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. 46. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 47. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 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. 48. 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. 49. Prior to any site grading or re -grading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.51 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. 50. 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 with applicable compaction tests and over excavation documentation. 502 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 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. DRAINAGE 51. Stormwater handling shall conform with the approved hydrology and drainage report for Parcel Map No. 31116 and as modified and approved for this Tentative Tract Map. Nuisance water shall be disposed of in an approved manner. 52. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 53. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 54. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 55. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 56. As the applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel per the approved hydrology report for Parcel Map No. 31116, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, 503 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - R TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting there from those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. The applicant shall confirm recordation between CP Development for the transfer of access and maintenance agreement for Storm Drain Facilities or equal. 57. 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. A. 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 as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. 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. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTII ITIFS 58. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 59. 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 504 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, I.I.C. ADOPTED: 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. 60. 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. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 61. 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 units within the development or when directed by the City, whichever comes first. WATER -EFFICIENT LANDSCAPING AND IRRIGATION 62. The applicant shall comply with LQMC Sections 8.13 (Landscaping), 9.150.050 (Landscaping in Parking Areas), 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. 505 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 66. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 67. 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, 51" 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. MAINTENANCE 68. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 69. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb. 70. Adequate trash enclosures and disposal facilities shall be provided to serve the existing units on Lot 1. If necessary, an easement or similar agreement shall be provided to accommodate shared trash disposal facilities between Lots 1 and 2. 506 RESOLUTION NO. 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: FEES AND DEPOSITS 71. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 73. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accord with Chapter 3.34 of the Municipal Code. 507 50 ATTACHMENT 2 SEE FULL SIZE EXHIBIT 5)9 ATTACHMENT 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 10, 2009 I. CALL TO ORDER 7:04 P.M. A. This meet: g of the Planning Commission was called to order at 7:04 p. by Chairman Ed Alderson who asked Commissioner Weber to lead the flag salute. B. Prese�: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robe Wilkinson, and Chairman Ed Alderson. C. Sta present: Planning Director Les Johnson, Planning Manager Da id Sawyer, Assistant City Attorney Michael Houston, Principal E ineer Ed Wimmer, Principal Planner Andrew , and Secretary onika Radeva. II. PUBLICS COMMENT: III. CONrIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: None V. PUBLIC HEARINGS: —� A. Tentative Tract Map 36089; a request by Dolphin La Quinta, LLC. to subdivide 8.45 gross acres into two lots for condominium purposes located on the southwest corner of Miles Avenue and Seeley Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any comments from the Commissioners. 510 Planning Commission Minutes March 10, 2009 There being none, Chairman Alderson noted that the lot line between Lots 1 and 2 went down an existing parking lot. Staff further noted additional parking would be required when Lot 2 was developed and that noted the conditions of approval asked for a shared parking easement agreement. Chairman Alderson asked if there was a reciprocal parking agreement and if the parking would be adequate. Staff replied the current parking on site is adequate to serve the existing units. Staff said it was likely that this would not be the last approval to be reviewed by the Planning Commission. Staff was anticipating the applicant would be applying for a new Site Development Permit (SDP) for Lot 2, even though they could decide to build per the existing SDP. Commissioner Quill wanted to clarify that the applicant would still have to build at the reduced amount of units. Staff said the applicant would have to reduce the number of units in accordance with the condominium map. Chairman Alderson wanted to clarify that the intent- is that when Lot 2 is developed it will have the same product as Lot 1. Staff confirmed that it would. Margo Thibeault, MSA Consulting, 34-200 Bob Hope Dr, Rancho Mirage, CA 92270, introduced herself and said she was available to answer any questions from the Commission. Chairman Alderson asked if the project was approved, what the developer's intent was in terms of timing. Ms. Thibeault replied currently there had not been a definitive time line established. Chairman Alderson said the. construction fence on Seeley Drive for Lot 2 was placed twenty-five to thirty feet back from the curb and a tremendous amount of tumbleweeds were growing in that area. He asked if the fence could be moved forward to the sidewalk line. Ms. Thibeault replied the construction fence was placed there to identify the landscaping easement and, if the Public Works Department did not have any objections, the fence would be moved as requested. Chairman Alderson mentioned the two islands in the driveway of Lot 2 which also needed to be cleaned up. Ms. Thibeault replied it would be taken care of. 511 Planning Commission Minutes March 10, 2009 There being no further questions, or public comment, Chairman Alderson closed the public hearings and opened the matter for Commission discussion. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-009 recommending approval of Tentative Tract Map 26089 as submitted. Unanimously approved. VI. EWSINESS ITEMS: None VII. COOESPONDENCE AND WRITTEN MATERIALS: Vill. COMN41SSIONER ITEMS: A. C mmissioner Weber reported on the City Council meeting of March 3, 009, in, details on the display of temporary and political sign being displayed in the public right-of-way. He also said Co un it discussed marketing efforts, the City's support of CVWD in addres ing the water shortage and commented that Mayor Adolf attende the Dike 4 meeting of the CVWD Water Policy Committee. The May r and the City Council were looking into whether or not the City uld be able to obtain some fiscal assistance through the stimulus pa ket. The Treasurer reported'there was not concern at this time a out the City's investment portfolio as it was not invested in hi -risk areas. B. Chairman Alder on noted Commissioner Wilkinson was scheduled to report back on the March 17, 2009, City Council meeting. IX: DIRECTOR ITEMS: A. Staff noted the attendance packets for the Planning Commissioner Institute in Anaheim w e distributed. 512 Paee t of 3 Stan Sawa ATTACHMENT 4 From: Ed Wimmer Sent: Friday, March 13, 2009 11:40 AM To: Stan Sawa Cc: David Sawyer; Tim Jonasson; Brian Ching; 'Thibeault, Margo' Subject: Minor Edits to Recommended COA to City Council for Dolfin Partners Attachments: PC COA TTM 36089.doc Hi Stan, These are the minor edits that were worked out with the applicant's representative in the closing moments before the PC meeting. David has ok'd these minor edits in concept (the actual wording wasn't worked out until now). Please incorporate these in your Council staff report. Since you weren't involved in the process, the following is offered as explanation: Condition 15 A: The City Engineer determined that there will be no decel/right turn lane on Miles Avenue, so this language is not applicable. Condition 23: Lot 1 already has Certificates of Occupancy so the condition is not applicable to Lot 1. Condition 31: The City Surveyor agreed to accept a 1" = 60' scale. Thanks, Ed 0 Page 2 of 3 Ed Wimmer, P.E. Public Works Department Development Services Phone: (760)777-7075 Fax: (760) 777-7155 Our Mission... to enhance the quality of life in the City of La Quinta by providing world class customer care and the highest quality design, construction & maintenance ofpubhc & private projects that respect the natural beauty of the City ( t Please consider the environment before printing this email. Page 3 of 3 CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§§§ 2510- 2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited, Please reply to the sender, (760) 777-7088, that you have received the message in emor, then delete it. Thank you very much for your cooperation. 5131 PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, I.I.C. ADOPTED: A. PUBLIC STREETS 1) Miles Avenue (Primary Arterial, Option A - 110' ROW) — The standard 55 from the centerline of Miles Avenue for a total 110-foot ultimate developed right of way has been previously dedicated on Parcel Map No. 31116. No additional right of way dedication is required on Miles Avenue for this tentative tract map. 2) Seeley Drive (Non -conforming Collector Street, 80' ROW) — Eighty feet (80') right of way dedication for a total 80-foot ultimate developed right of way from Washington Street to Miles Avenue has been previously dedicated on Parcel Map No. 31116. No additional right of way dedication is required on Seeley Drive for this tentative tract map except for additional right of way dedication at the shared entry drive to Lots 1 and 2 off of Seeley Drive and for Lot A of this tentative tract map to include all curb returns and corner cuts at the access drive. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall create perimeter landscaping setbacks along all public rights -of -way as follows: A. Miles Avenue (Primary Arterial, Option A) - The perimeter landscaping setback of 20 feet required by the General Plan has been retained by the City of La Quinta Redevelopment Agency along the Miles Avenue right of way. No landscape setback is required along Miles Avenue for this Tentative Parcel Mape B. Seeley Drive (Non -conforming Collector Street, 80' ROW) — 20-foot from the R/W-P/L. 5 of 20 Deleted:: however. the applicant is required to provide additional perimeter landscaping setback to maintain the 20-foot landscaping setback along additional right of way dedication areas at deceleration/right turn only lanes, if deemed necessary by the City 514 PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: 2) Seeley Drive (Non -conforming Collector Street, 80' ROW) - Eighty feet (80') right of way dedication for a total 80-foot ultimate developed right of way from Washington Street to Miles Avenue has been previously widened by Parcel Map No. 31116. a) No additional widening is required on the north side of Seeley Drive for this tentative tract map except for additional right of way dedication at the shared entry drive to Lots 1 and 2 off of Seeley Drive for this tentative tract map to accommodate curb returns and corner cut outs at the access drive to this tentative tract map and as approved by the City Engineer. 21. General access points and turning movements of traffic are limited to the following: A. Primary Entry - Westerly Drive across Eisenhower Ambulatory Center (Seeley Drive): All in and out movements are allowed. B. Secondary Entry - Easterly Drive at the existing roundabout (Seeley Drive): Right turn in and out movements are allowed and left turn movements in and out are prohibited due to the roundabout circulation pattern. 22. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. ` 23. A Traffic Analysis required for the Eisenhower Ambulatory Clinic (SDP 2007- \\\/ 887) has determined that the traffic signal conditioned of Parcel Map No. 31116 will be required at project opening. Therefore, the applicant shall not be granted Certificates of Occupancy for any future development on Loi 2 oeietea: s a a until said traffic signal is operational as required by the City Engineer if this tentative tract precedes the afore mentioned. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as 7 of 20 515 PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36089 DOLPHIN LA QUINTA, LLC. ADOPTED: streets are limited to the access locations approved for this tentative tract map and these conditions of approval. 27. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 28. 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. 29. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 30. 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. FINAL MAPS 31, 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., 32. As future site development on Lot 2 has not been defined by the applicant, 9 of 20 Deleted: __ Deleted: The Final Map analI be 1" = 40' scale 4 516 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE April 21, 2009 BUSINESS SESSION: ITEM ITEM TITLE: Public Hearing to Consider a Resolution Adopting the Fiscal Year 2009/2010 CONSENT CALENDAR: Through 2013/2014 Capital Improvement Program STUDY SESSION:and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) PUBLIC HEARING: 01 RECOMMENDATION: Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2009/2010 through 2013/2014 Capital Improvement Program (CIP) (Attachment 1) and making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the CIP. FISCAL IMPLICATIONS: Adoption of the Resolution will approve the projects identified in the Fiscal Year 2009/2010 through 2013/2014 CIP and make the necessary findings pursuant to the Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1 and Project Area No. 2 funds. Allocation of funds for these projects will not be approved until the City Council approves the Fiscal Year 2009/2010 annual operating budget. The first year of the five-year forecast, or capital budget, will be included in the City's annual operating budget. When the City Council approves the annual operating budget for Fiscal Year 2009/2010, it will also authorize the expenditure of $22,487,314 for Fiscal Year 2009/2010 capital project expenditures. The CIP was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated collections of Development Impact Fees. It is important to note that projects identified in Fiscal Years 2010/2011 through 2013/2014 may be adversely affected if future Development Impact Fee related construction activity does not begin to recover. .. 517 CHARTER CITY IMPLICATIONS: Several of the proposed projects identified for funding during Fiscal Year 2009/2010 will be funded with Redevelopment Agency (RDA) funding. The RDA funded projects will be bid with a requirement that the contractors pay prevailing wage. BACKGROUND AND OVERVIEW: On March 17, 2009, staff presented the draft Fiscal Year 2009/2010 through Fiscal Year 2013/2014 Capital Improvement Program (CIP) to the City Council for review and discussion during Study Session. Following discussion, it was the consensus of the City Council that: • The Calle Estado/Avenida La Fonda Mid -Block Crossing be removed from the currently approved capital budget and the appropriated funding be returned to the RDA Project Area Number 1 account for use on other projects; • The Jefferson Street Parkway Landscape Improvements, between Vista Grande and Westward Ho Drive, be identified for funding within Fiscal Year 2009/2010; and • The construction phase of the SilverRock Resort Clubhouse be delayed until the local economy improves. In accordance with this direction, the Calle Estado/Avenida La Fonda Mid -Block Crossing has been removed from the capital budget and is now listed as Project Number AD44; the Jefferson Street Parkway Landscape Improvement is now presented as project 200916 and is prioritized for funding with RDA Project Area No. 2 funds within Fiscal Year 2009/2010. The inclusion of this project may require a loan from the City's General Fund to RDA Project Area No. 2; and the construction phase of the SilverRock Resort Clubhouse is now listed for funding during Fiscal Year 201 1 /2012. In addition to the adjustments presented above: • Staff has amended the draft CIP to remove the Village Parking Lot Safety Lighting Improvement originally listed as Project Number 200916. This project has been re-scoped by the maintenance manager and is moving forward as a minor project and will be funded with the department's Fiscal Year 2008/2009 Operating Budget; and 518 • Staff has added a new additional project, AD12 — Palm Royale Median Island Improvements. The proposed project will install a raised curb median on Palm Royale adjacent to the Colonel Paige Middle School, if and when funding becomes available in the future. Provided for the Council's consideration is the amended Capital Improvement Program (CIP) commencing in the 2009/2010 Fiscal Year. A copy of the amended CIP is presented as Attachment 1. This document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The amount allocated within the CIP for first year projects is called the capital budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP is updated annually and can be amended at any time based on revenue availability and changes in project priorities. The 2008/2009 CIP identified $9,128,071 in capital improvement projects. With one exception, all 2008/2009 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Project 200713 — Calle Estado Mid -Block Crossing cannot be constructed unless the property owner provides an easement to the City. Staff has contacted the property owner and has discovered that the property has been listed for sale. As such, the property owner has declined to provide an easement for the City's use to install the mid -block crossing. Considering the circumstances, this project has been removed from the approved capital budget and the appropriated funding will be returned to the RDA Project Area Number 1 account for use on other projects. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2008/2009 Project Status Report," which lists: one 1996/1997 project carried - over, one 2000/2001 project completed, one 2001 /2002 project completed, one 2002/2003 project completed, one 2004/2005 project underway, two 2005/2006 519 projects underway, one 2005/2006 projects completed, seven 2006/2007 projects underway, one 2006/2007 projects completed, six 2007/2008 projects underway, three 2007/2008 projects completed, nine 2008/2009 projects underway, and three 2008/2009 projects completed. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all active CIP projects. Overall, the CIP is proposing approximately $60,940,370 in projects during the next five years. The remaining projects represent unfunded "Additional Projects" totaling $84,925,461 and "Developer Reimbursement Agreements" totaling $3,472,775. The funding of projects listed within these unfunded categories will require future City Council consideration to ensure revenue availability. The Capital Budget proposed during Fiscal Year 2009/2010 includes $22,487,314 in capital improvement projects. There are a total of nineteen projects identified to receive funding. Project Number 199613-Washington Street/1-10 Interchange Improvements is a recurring long-term commitment. Two other projects are recurring as part of a long term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. There are sixteen new projects proposed to complete the 2009/2010 CIP. These projects include: 200901 - Avenue 50 Bridge Improvements Spanning the All American Canal 200902 - Madison Street (Avenue 50 to Avenue 52) 200903 -Highway 111 Median Island Landscape Improvements (Adams to Jefferson). 200904 - Dune Palms Road Street Improvements (Whitewater River to Westward Ho) 200905 - Seasons Park (Installation of dog park amenities) 200906 - Adams Park Playground 200907 - Fritz Burns Park Playground 200908 - Seasons Park Playground 200909 - Pioneer Park Improvements (Improvements to dog park/new parking lot) 200910 - A Street Extension (Dune Palms Drive easterly to Komar Center) 200911 - Washington Street Apartment Rehabilitation 200912 - RDA Owned Cove Homes (Landscape conversion at 2 locations) 200913 - Relocation of the Coachella Canal at SilverRock Resort 200914 - Highway 111 Utility Undergrounding (Southside adjacent to RDA owned property) 200915- Drainage Improvements (Northeast corner of Simon and Washington Street) 200916 - Jefferson Street Parkway Landscaping (Vista Grande to Westward Ho) 520 This CIP is developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City staff will present the project to the City Council for authorization. In order to use RDA funding for these CIP projects, Health and Safety Code Section 33445(a) requires the City Council to make certain findings regarding the use of RDA funding for capital improvement and to consent to the use of the funding. The attached resolution contains the required findings, which are supported by the information in this report and by the staff presentation which will be made during the hearing. Specifically, there is inadequate funding within the City's General Fund, the DIF, and other sources (other than the funding from the La Quinta Redevelopment Agency) to completely and fully fund the improvements identified within the capital budget. This is due to the fact that the General Fund and non - redevelopment funding is already committed to other essential budget items. The completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 and Project Area No. 2, as well as to afford an opportunity to eliminate conditions of blight in the Project Areas by providing needed infrastructure and physical improvements. The proposed improvements will provide a direct benefit to residents and visitors within the Redevelopment Agency Project Area No. 1, and Project Area 2, and to the neighborhoods in which the improvements will be located. Finally, staff has determined that the improvements are consistent with the Agency's implementation plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2009/2010 through 2013/014 Capital Improvement Program and making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the Capital Improvement Plan; or 2. Conduct a public hearing and modify the Fiscal Year 2009/2010 through 2013/2014 Capital Improvement Program and direct staff to make necessary revisions, and adopt a Resolution approving the Fiscal Year 2009/2010 through 2013/2014 Capital Improvement Program at a future City Council meeting; or 3. Provide staff with alternative direction. 521 Respectfully submitted, Ti othy R. Jon so .E. Public Works ' ec Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Capital Improvement Program 522 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2009/2010 THROUGH 2O13/2014 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration of adoption of the Plan; and WHEREAS, notice of the public hearing has been given ,pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2009/2010 through 2013/2014 Plan proposes approximately $60,940,370 in improvement projects and $84,925,461 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2009 and ending June 30, 2014; and WHEREAS, the amount allocated from the Plan for first -year projects, called the capital budget, proposes $22,487,314 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to completely and fully fund the improvements identified within the capital budget; and 523 Resolution No. 2009- Capital Improvement Plan Adopted: April 21, 2009 Page 2 WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 (Project Areal as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 2 (Project Areal as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the capital budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council does hereby adopt the Fiscal Year 2009/2010 through 2013/2014 Capital Improvement Plan, and approve the capital budget, as shown in Exhibit 1, heretofore made a part of this Resolution. SECTION 3. The City Council hereby consents to Agency funding to be utilized to fund certain improvements within the Fiscal Year 2009/2010 Capital Budget. SECTION 4. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The proposed improvements identified within the Fiscal Year 2009/2010 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 1 and to the immediate neighborhoods in which the improvements will be located. B. The proposed improvements identified within the Fiscal Year 2009/2010 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 2 and to the immediate neighborhoods in which the improvements will be located. C. No other reasonable means of financing . the improvements are available to the community. D. The proposed improvements identified within the Fiscal Year 2009/2010 Capital Budget will assist in the elimination of one or more blighting conditions inside the Project Areas and are consistent with .. 524 Resolution No. 2009- Capital Improvement Plan Adopted: April 21, 2009 Page 3 the La Quinta Redevelopment Agency's implementation plan adopted pursuant to Section 33490. BE IT FURTHER RESOLVED, the City Council for the City of La Quinta authorizes the inclusion of said capital budget into the Fiscal Year 2009/2010 operating budget, which appropriates funds for specific facilities, equipment and improvements. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 't day of April, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 525 ATTACHMENT 1 526 T-itf 4 4V a" COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, and Title 13, Subdivision 1.) to Update the List of Established Zones (9.20.010); 2.) to Identify the Effective Date for Low Density Residential Zoned Lots Which Are Permitted a 10 Foot Rear Setback (9.50.030); 3.) to Identify the Correct Cove Residential Minimum Dwelling Unit Size in Table 9-2 (9.50.30); 4.) to Identify Provisions for the Use of Vinyl Fencing Materials (9.50.090); 5.) to Correct the Guesthouse Provisions in the Residential Table of Permitted Uses (9.60.100); 6. to Require a Specific Plan in Certain Commercial Zoning Districts for All Projects Over 10 Acres in Size (9.70.030 & 9.90.040); 7.1 to Identify Tobacco and Ice Skating Related Uses in the Non -Residential Table of Permitted Uses (9.80.040); 8.) to Establish Sunset Provisions for Inactive and Incomplete Applications (9.200.070 & 13.04.080); 9.) to Specify Criteria for Modification by Applicant Procedures (9.200.090); 10.) to Correct the Mandatory Findings of Approval for Tentative Tract Maps (13.12.130); 11.) to Specify the Timing of Land Appraisals for Parkland Fees (13.48.060); and 12.) to Remove Outdated Text Referring to a Former General Plan Policy (13.48) AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION Motion to take up Ordinances No. and No. by title and number only and waive further reading. Motion to introduce Ordinances No. and No. _, on first reading amending the La Quinta Charter and Municipal Code Section 9, Zoning, and Section 13, Subdivisions. 527 m FISCAL IMPLICATIONS 115STM CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW In the past few years, the Planning Commission has made a number of policy determinations regarding permitted uses and supplemental regulations which have not been brought forward for codification. In addition, staff has encountered code inconsistencies and procedural issues which need to be addressed. Routine adjustments to the Municipal Code are typical and necessary in order to stay up-to- date with state law, to codify common and consistently applied policy determinations, and to correct inconsistencies. Staff previously brought forward a code update to the City Council on October 16, 2007 and anticipates this to likely become an annual process in the future. PROPOSAL: There are a number of different Zoning and Subdivision Code amendments being proposed. These amendments can be broken into three different categories: corrections, policy codifications, and procedural clarifications. Because the proposed amendments are either corrections, clarifications, or the codification of current policy, none of the proposed code amendments will result in a change in development standards or affect existing development. Code Corrections Update List of Established Zones in §9.20.010 (Zoning Exhibit A) Prior to the creation and codification of a single Village Commercial zoning district, the Village was broken up into six different zoning districts: Village Residential, Village Core, Village Park, Village South, Village North, and the Tampico Urban Mix District. References to these districts were never deleted from the list of established zones identified in Section 9.20.010 and the unified Village Commercial zoning district was not identified. The proposed code correction will address this inconsistency. Minimum Dwelling Unit Size in Cove Residential (Zoning Exhibit B) During a prior code revision approved by the City Council on July 20, 1998, the minimum dwelling unit size for the Cove Residential zoning district was erroneously identified on the recorded ordinance as being 1,400 square feet. Although a 1,400 528 square foot size had been recommended by the Planning Commission, the City Council elected to maintain the minimum dwelling unit size at 1,200 square feet. Following Council approval, the recorded ordinance erroneously identified the minimum dwelling unit size as 1,400 square feet. The 1,200 square foot minimum dwelling unit size is correctly identified in Section 9.50.090 and 9.50.040, but is erroneously identified in the Table of Development Standards of Section 9.50.030. This amendment will correctly identify the minimum dwelling unit size as 1,200 square feet. Low -Density Residential Properties Permitted a Rear Setback of 10 feet (Zoning Exhibit B) Table 9-2 (Table of Residential Development Standards), located in Section 9.50.30 identifies a 20-foot rear setback for new lots and a 10-foot rear setback for existing recorded lots in the Low -Density Residential zoning district, but does not identify what constitutes an "existing recorded lot." Previous versions of the Zoning Ordinance identify this date as May 1, 1997, but the current ordinance omits this cut-off date. Staff has historically referenced this date when determining rear setbacks and there is no change in enforcement. This code amendment will restore the omitted date. Guesthouses and Second Residential Units (Zoning Exhibit C) Although the code was revised in 2007 to conform to state housing law and remove the requirement for a Minor Use Permit, the Residential Table of Permitted Uses in Section 9.40.040 continues to identify that a Minor Use Permit is required for guesthouses within the Cove, Low-, and Very Low -Density Residential zoning districts. In addition, the table also erroneously omits a footnote identifying that second dwelling units are only permitted with single family homes in Medium High -Density Residential zoning districts. This proposed code change will correct Table 9-1 in accord with the prior approval. Staff proposes to correct the Table of Permitted Uses as follows: Land Use RVI, RL RC RM RMH RH Guesthouses, subject to Section M A A4 A M A X X X 9.60.100 Second residential units subject to A A A AZ AZ Az Section 9.60.090 "' Mandatory Findings of Approval for Tentative Tract Maps (Subdivision Exhibit B) In the Subdivision Ordinance, two of the mandatory findings for approval of Tentative Tract Maps are duplicated. This duplication occurred on recorded Ordinance 272, dated September 19, 1995. This amendment would remove the duplicated findings 529 and inserting new text requiring a finding of consistency with the Subdivision Map Act and Zoning Ordinance, as this type of finding is not currently identified in the Subdivision Ordinance, yet is required to be made under the provisions of the Subdivision Map Act. Blank Spaces within the Non -Residential Table of Permitted Uses (Zoning Exhibit D) This proposal would fill the blank portions of the Table of Permitted Uses with an "X" in order to be consistent with the remainder of the table. It is implied that a blank space in the table indicates a use that is not permitted. All of the blank spaces are within Major Community Facilities and Office Commercial under "Dining, Drinking, and Entertainment Uses." As this is an apparent oversight, staff is recommending the existing blank spaces be replaced with "X." This proposal would correct the Table of Permitted Uses as follows: Dining, Drinking and CR CP CC CN CT CO MC Entertainment Uses Restaurants, drive -through P A P X P X X Restaurants, counter take- P P P P P X X out with ancillary seating, such as yogurt, ice cream, pastry shops and similar Bars, taverns and cocktail C C C X C X X lounges Dancing or live C X C X C X X entertainment as a principal use Dancing or live A X C C C X X entertainment as an accessory use Theaters, live or motion C X C X C X X picture Policy Codifications Vinyl Fencing Policy (Zoning Exhibit E) On December 13, 2005, the Planning Commission heard a request for interpretation on whether to allow the use of vinyl fencing in residential areas. The outcome of that meeting was a policy direction to permit the use of vinyl fencing in the same manner 530 that wood fencing is currently regulated. The Commission also directed that this policy be included in a future code update. Section 9.40.040 of the Zoning Ordinance only permits wood fencing in the rear or interior side yards, and then only if not visible from the street. This code revision would include vinyl and similar recycled fencing materials with the existing wood fencing regulations. Because of durability and structural stability concerns, the proposed text includes provisions that all vinyl or recycled fencing be constructed of an aluminum -reinforced, non -reflective material that contains anti -static and UV -radiation inhibiting additives. These durability provisions are in line with industry quality standards and are intended to prevent the use of substandard vinyl fencing materials. Required Specific Plans in Commercial zoning §9.70.030 & §9.90.040 (Zoning Exhibit F) The current code states "Specific Plan approval [is] required for development or land division in the CR district," and references that this provision comes from the General Plan. Policy 4 on page 19 of the General Plan identifies that Specific Plans shall be required for all development or land divisions over 10 acres in size in Commercial Park, Tourist Commercial, and Regional Commercial districts. This code provision would be updated to identify this specific plan policy from the General Plan and would remove an outdated cross-reference to an older version of the General Plan identified in § 9.70.030. Tobacco related uses (Zoning Exhibit D) Tobacco related businesses such as tobacco shops and cigar lounges have been common land use inquiries staff has seen in recent years that are not listed in the Table of Permitted Uses. As a result, the appropriateness of these land uses have been determined by the Planning Director based on past policy and if similar businesses had historically been located within the same zoning district. An example of a past, policy determination relates to the use of hookah bars. In January 2006, the Planning Commission heard a request to determine whether a hookah bar should be allowed as a permitted use or conditional use, and which zoning district(s) they should be allowed to locate within. In this instance, the determination was to permit the proposed hookah bar with a conditional use permit, though no specific zoning was specified in the motion. Following the determination, the applicant did not return to apply for a conditional use permit. More recently, staff has fielded inquiries as to whether tobacco shops and cigar lounges were a permitted use along the Highway 1 1 1 corridor. As many of the retail tobacco sales enquiries stated that they did not intend to allow smoking within their stores, and because smoking is the primary nuisance issue, staff has proposed separating permitted tobacco uses by those that involve on -site smoking and those that do not. 531 This code revision relates to those businesses which sell tobacco as their primary product and are not regulated under the Smoking in Public Places chapter of the Health and Sanitation Ordinance. Section 6.18.010[L] of the Municipal Code defines tobacco stores as "Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental." It should also be noted that tobacco shops are already identified as a permitted use in Section 9.65.020[B] of the Village Commercial zoning district. Staff is proposing to identify permitted tobacco related businesses as follows: Land Use CR CP CC CN CT CO MC Tobacco sho s without P X C X C X X onsite smoking, as per the provisions of the Health and Sanitation Code Tobacco shops, cigar lounges, hookah bars, and C X X X C X X similar uses with onsite smoking, as per the provisions of the Health and Sanitation Code Ice Skating Rinks (Zoning Exhibit D) In August 2008, the Planning Commission approved a request for a proposed Ice Skating Rink, a business not specifically listed as a permitted use. Based on the existing similar uses listed in Table 9-5, it was determined by the Planning Director that a skating rink could be allowed subject to approval of a conditional use permit. In light of the decision, ice skating rinks are proposed to be allowed in Regional Commercial, Community Commercial, and Major Community Facilities with a conditional use permit. Staff is proposing to identify ice skating rinks as follows: Land Use CR CP CC CN CT CO MC Ice skating rinks C X C X X X C 532 Procedural Clarifications The Planning Commission recommended approval of three different procedural clarifications related to incomplete and inactive permit applications, identifying the timing of a property assessment for the calculation of parkland (Quimby) fees, and clarifying the procedures for a Modification by Applicant request. All of these code amendments will codify current department policies. Application Sunset Provisions (Zoning Exhibit G & Subdivision Exhibit A) The California Permit Streamlining Act is the driving force behind the Planning Department's processing of permit applications. The law essentially requires that all applications be reviewed in a timely manner, including a 30 day response for any application submittal. While staff is mandated to act and respond in an expedient manner, the code does not identify a provision for staff to automatically withdraw or close those applications which have been abandoned or significantly delayed. In accord with current departmental policy, this amendment would codify that all applications which remain incomplete and inactive for a minimum 6-month period receive a written 30 day warning notification, forwarded to the applicant. If no action is taken by the applicant regarding the application within 30 days thereafter, the application would be automatically withdrawn and closed, and a refund of the appropriate fees would be provided. By codifying these sunset provisions, staff will have the option to withdraw incomplete applications that remain inactive for an extended period of time. All applicants will be able to submit a new application at a later date, rather than keeping the inactive application open for an extended period of time. Timing of Determination of In -Lieu Parkland Fees and Deletion of Outdated General Plan Policy References (Subdivision Exhibits C, D, & E) The current code requires the determination of in -lieu parkland fees to be made at the time of the approval of a tentative map, but paid prior to the recordation of a final map. There is often a multi -year gap between the tentative map approval and final map recordation, resulting in a difference in land valuation between the time of in -lieu fee calculation and in -lieu fee payment. Existing determinations for the amount of parkland dedication at the time of the tentative map approval would remain unchanged. This proposal would modify a statement in the code which would require the determination of in -lieu fees with the filing of a final map, eliminating the timing gap. This proposal would also clean up the chapter by correcting an outdated General Plan reference to parkland policies including the deletion of an appendix which duplicated the former parkland fee policy from an old version of the General Plan. 533 Modification by Applicant (Zoning Exhibit H) As per Section 9.200.090 of the Zoning Code, Modifications by Applicant, plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the Director for a determination. If the Director determines the proposed changes are significant, then the request is brought before the Planning Commission. One of the concerns with Modifications by Applicant (MBA) relates to the lack of definition as to what types of applications and plan modifications are eligible for consideration. The proposed changes would clarify these provisions by including a reference that only Site Development Permits and Village Use Permits are eligible for MBA consideration and would specify what constitutes a minor change to development plans. Changes which will be deemed acceptable and eligible for Modification by Applicant consideration include expansions of less than ten percent from the original approval that do not require additional parking, substitutions of building materials, adjustments to the color palate, alternative window styles or placements, changes to lighting fixtures or their locations, modifications to paving designs, the use of alternative screening materials, and adjustments to a project's landscaping, including the removal of turf or water features. ANALYSIS: The purpose of this code update is to codify current policies and address outstanding code errors and inconsistencies. Code errors are a typical by-product of the code update process due to typographical errors and omissions in recorded ordinances or cross-referencing errors where duplicated portions of code are overlooked. The code update is an ongoing process which staff anticipates to be brought forward in the future on an annual basis. This particular code update has a number of items due to the fact that a code update has not been undertaken since September of 2007. Environmental Review The approval of the Zoning Ordinance Amendments has been determined to be exempt from the California Environmental Quality Act (CEQA). Because the proposed changes to the Zoning Ordinance constitute either error corrections, the codification of existing policy, or procedural clarifications, the ordinance amendments will have no impact on the environment. Future projects that may be affected by changes to the ordinance would be reviewed under CEQA individually, and would have their impacts addressed under CEQA. 534 Planning Commission The Planning Commission considered the proposed text amendments and conducted a public hearing at its March 21, 2009 meeting. During the discussion regarding vinyl fencing, Commissioner Barrows recommended that text be included to identify recycled fencing materials as being permitted. Following discussion and providing opportunity for public comment, though no comments were received, the Planning Commission voted unanimously to recommend City Council approval of the proposed text amendments subject to the inclusion of "recycled fencing materials" as noted. The wording has been included in the revised Zoning Exhibit E. Public Notice This project was advertised in The Desert Sun newspaper on March 13, 2009 and April 3, 2009. To date, no comments have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinances No. and No. _, by title and number only and waive further reading. Motion to introduce Ordinances No. and No. _ on first reading amending the La Quinta Charter and Municipal Code to Section 9, Zoning, and Section 13, Subdivisions, 1.) to update the list of established zones (9.20.010), 2.) to identify the effective date for low density residential zoned lots which are permitted a 10 foot rear setback (9.50.030), 3.) to identify the correct cove residential minimum dwelling unit size in Table 9-2 (9.50.030), 4.) to identify provisions for the use of vinyl fencing materials (9.50.090), 5.) to correct the guesthouse provisions in the residential table of permitted uses (9.60.100), 6.) to require a specific plan in certain commercial Zoning districts for all projects over 10 acres in size (9.70.030 & 9.90.040), 7.) to identify tobacco and ice skating related uses in the non-residential table of permitted uses (9.80.040), 8.) to establish sunset provisions for inactive and incomplete applications (9.200.070 & 13.04.080), 9.) to specify criteria for modification by applicant procedures (9.200.090), 10.) to correct the mandatory findings of approval for tentative tract maps (13.12.130), 11.) to specify the timing of land dedications and parkland fees (13.48.080), and 12.) to correct and remove parkland policy references to an outdated version of the general plan (13.48.090 and appendix to 13.48). 535 2. Do not move to take up Ordinances No. and No 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Planning Director Approved for submission by: Thomas P. Genovese, City Manager 536 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1.) UPDATE THE LIST OF ESTABLISHED ZONES (9.20.010), 2.) IDENTIFY THE EFFECTIVE DATE FOR LOW DENSITY RESIDENTIAL ZONED LOTS WHICH ARE PERMITTED A 10 FOOT REAR SETBACK (9.50.030), 3.) IDENTIFY THE CORRECT COVE RESIDENTIAL MINIMUM DWELLING UNIT SIZE IN TABLE 9-2 (9.50.030), 4.) IDENTIFY PROVISIONS FOR THE USE OF VINYL FENCING MATERIALS (9.50.090), 5.) CORRECT THE GUESTHOUSE PROVISIONS IN THE RESIDENTIAL TABLE OF PERMITTED USES (9.60.100), 6.) REQUIRE A SPECIFIC PLAN IN CERTAIN COMMERCIAL ZONING DISTRICTS FOR ALL PROJECTS OVER 10 ACRES IN SIZE (9.70.030 & 9.90.040), 7.) IDENTIFY TOBACCO AND ICE SKATING RELATED USES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040), 8.) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (9.200.070), AND 9.) SPECIFY CRITERIA FOR MODIFICATION BY APPLICANT PROCEDURES (9.200.090). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`" of March, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to update the list of established zones (9.20.010), to identify the effective date for low -density residential zoned lots which are permitted a 10 foot rear setback (9.50.030), to identify the correct cove residential minimum dwelling unit size in Table 9-2 (9.50.030), to identify provisions for the use of vinyl fencing materials (9.50.090), to correct the guesthouse provisions in the residential table of permitted uses (9.60.100), to require a specific plan in certain commercial Zoning districts for all projects over 10 acres in size (9.70.030 & 9.90.040), to identify tobacco and ice skating related uses in the non-residential table of permitted uses (9.80.040), to establish sunset provisions for inactive and incomplete applications (9.200.070), and to specify criteria for modification by applicant procedures (9.200.090); and recommended approval of the proposed Amendments to the City Council; and 537 Ordinance No. Zoning Ordinance Amendment 2008-096 April 21, 2009 WHEREAS, the City Council held a duly noticed public hearing on the 215t day of April, 2009, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "H," on file in the Planning Department. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 21'day of April, 2009, by the following vote: 538 Ordinance No. Zoning Ordinance Amendment 2008-096 April 21, 2009 AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 539 EXHIBIT A 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan: 1. RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District VR Village Residential DiStF.nt 9. VC Village Commercial District 4& VG- 14, VR 42, VS Village South DiStFiOt 4-3-. VN Villa.... NeFt. nip ..6. i-¢ 10. NR Nonresidential Overlay District 11. CR Regional Commercial District 12. CP Commercial Park District 13. CC Community Commercial District 14. CN Neighborhood Commercial District 15. CT Tourist Commercial District 16. CO Office Commercial District 17. MC Major Community Facilities District 18. PR Parks and Recreation District 19. GC Golf Course District 20. OS Open Space District 21. FP Floodplain District 22. HC Hillside Conservation Overlay District 23. SOB Sexually Oriented Business Overlay District 24. EOD Equestrian Overlay District 540 EXHIBIT B 9.50.030 Table of development standards Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH RSP RR Overlay Overlay Minimum lot size for single- 20,000 7200 7200 5000 3600 2000 family dwellings (sq. ft.) Minimum project size for n/a n/a n/a n/a 20,000 20,000 * n/a multifamily projects (sq. ft.) Minimum lot frontage for 100 60 60 50 40 n/a ** single-family dwellings (ft.)' Minimum frontage for We n/a n/a n/a 100 100 n/a multifamily projects (ft.) Maximum structure height 28 28 17 28L28 40 (ft.), Maximum number of stories 2 2 1 2 3 Minimum front yard setback 30 20 20 20 20 * RVL:40 (ft.)3 Minimum garage setback° n/a 25 25 25 25 (ft.) Minimum interior/exterior 10/20 5/10 5/10 5/10 10/15 * ** side yard setback (ft.)" 7 Minimum rear yard setback 30 20 for 10 15 15 20 (ft.)7 new lots and 10 for existing recorded lotO Maximum lot coverage (% of 40 50 60 60Lamily: 60 ** net lot area) Minimum livable area 2500 1400 1400 1400750 for excluding garage (sq. ft.) 1200 multi- family Minimum common open n/a n/a We 30% 30% areas Minimum/average perimeter 1 10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a landscape setbacks Ift.)° 541 Special Zoning Symbols Referenced on the Official Zoning Map Symbol Description of Special Zoning Symbols Used as per Section 9.20.030 60-RM-10,000 60-foot minimum lot frontage, medium density residential zoning, 17/1 10,000 square foot minimum lot size, 17-foot maximum building height at one story RL 10,000 Low density residential zoning, 10,000 square foot minimum lot size, 17/1 17-foot maximum building height at one story RM Medium density residential zoning, 17-foot maximum building height at 17/1 one story RL Low density residential zoning, 17-foot maximum building height at one 17/1 story * As shown on the approved specific plan for the project. ** As provided in the underlying base district. Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. 3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. 4 For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 5 The following are exceptions to the minimum side setbacks shown:" For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 5 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard. 8 Existing recorded lots prior to May 1, 1997. 542 EXHIBIT C 9.40.040 Table of permitted uses. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use District C = Conditional use permit M = Minor use permit H = Home occupation Very Medium - permit Low Low Medium High High S = Specific plan required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL I RC I RM I RMH RH Residential Uses Guesthouses, subject M A AA A M A X X X to Section 9.60.100 Second residential A A A A2 A2 A units subject to Section 9.60.090 1,' 543 EXHIBIT D 9.80.040 Table of permitted uses. Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor- Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use Commercial permit Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP Cc CN CT CO MC Dining, Drinking and Entertainment Uses Restaurants, drive- P A P X P X X through Restaurants, counter P P P P P X X take-out with ancillary seating, such as yoghurt, ice cream, pastry shops and similar Bars, taverns and cocktail C C C X C X X lounges Dancing or live C X C X C X X entertainment as a principal use Dancing or live A X C C C X X entertainment as an accessory use Theaters, live or motion C X C X C X X picture Tobacco shops without P X C X C X X onsite smoking, as per the provisions of the Health and Sanitation Code Cigar lounges, hookah C X X X C X X bars, and similar uses with onsite smoking, as per the provisions of the Health and Sanitation Code Recreation Uses Ice skating rinks C X C X X X C 544 EXHIBIT E 9.60.030 Fences and walls. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Wood and Vinyl Fencing. a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood and vinyl or similar recycled fencing materials are is permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this section. b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. All vinyl or similar recycled fencing material shall be constructed of an aluminum -reinforced non -reflective material that contains anti -static and UV -radiation inhibiting additives. d. e. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by four inches redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building Code. e. d Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along the front property line with columns a maximum height of four feet and three feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non -wood products that have the appearance of split rail. A building permit shall be obtained prior to construction. 545 EXHIBIT F 9.70.030 CR regional commercial district. A. Purpose and Intent. To provide for the development and regulation of regionally oriented commercial areas located along the Highway 1 1 1 corridor as shown on the general plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. PeF geneFal plan Pell y 7_3 1 O Approval of a specific plan is required for any development or land division greater than 10 acres in the CR district. 9.90.040 Table of development standards. Table 9-6 following and the illustrations in Section 9.90.050 set forth standards for the development of property within nonresidential districts. Notwithstanding Table 9-6, different standards shall apply if special zoning symbols, described in Section 9.20.030, are designated on the official zoning map. Table 9-6 Nonresidential Development Standards Development Standard District CR* CP* I CC CN CT* CO MC Minimum —Maximum building site (acres) n/a n/a n/a 1-20 n/a n/a n/a Maximum building height (ft.)'.6 50 35 40 35 40 40 40 Maximum number of stories 4 2 3 2 3 3 3 Maximum floor area ratio (FAR)2 .35 .50 .30 .25 .25 .30 n/a Minimum peri From Highway 111 I right-of-way' 50/50 50/50 50/50 n/a n/a n/a n/a 546 building/landscape From all primary setbacks (in ft.)' image corridor3 rights -of -way' 30/20 30/20 30/20 30/20 30/20 30/20 30/20 (except Hwy 111) and from all major and primary arterials From all other perimeter street 20/10 20/10 20/10 20/10 20/10 20/10 20/10 rights -of -way' From residential districts and PR, OS 50/10 50/10 50/10 30/155 30/155 30/155 30/155 and GC districts' Minimum setback from interior property 0 0 0 0 0 0 0 lines within the same project Parking and signs See Chapters 9.150 and 9.160 Fences and walls See Section 9.100.030 Landscaping and screening See Sections 9.100.040 and 19.100.050 * Specific plan approval required for development or land division greater than 10 acres in the CR, CP, and TC districts. ' All minimum perimeter setbacks shall be increased 1 foot for every foot in height that building is above 35 feet. 2 FAR means the gross floor area of all buildings divided by the building site area. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). 4 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; nonparking areas: minimum 5 percent (also see Section 9.100.050). 5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20. 5 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan primary image corridor and major or primary arterials. 547 EXHIBIT G 9.200.070 Time limits on processing applications. A. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. (Ord. 284 § 1 (Exh. A) (part), 1996) B. Incomplete Application Sunset Provisions. All applications which remain incomplete and inactive for a minimum 6 month period shall have a written 30 day warning notification forwarded to the applicant. If no action is taken by the applicant regarding the application within 30 days thereafter, the application shall automatically be withdrawn and closed. 548 EXHIBIT H 9.200.090 Modifications by applicant. A. Plan Modifications by Applicant. Site Development Permit and Village Use Permit Rplans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision -making authority. (Ord. 284 § 1 (Exh. A) (part), 1996) C. Criteria Modifications by Applicant shall permit minor changes to an existing or approved Site Development Permit or Village Use Permit. The following criteria constitute minor changes that shall be deemed eligible for Modification by Applicant consideration: 1 Increases in building square footage not to exceed ten percent from the original approval that have been determined to not result in a significant architectural aesthetic or visual impact to the existing project and require additional parking. 2 Changes additions or adjustments to windows, window locations, or window treatments. 3 Changes substitutions or adjustments to building materials, roofing materials screening materials, lighting fixtures, or paving. 4 Changes additions or substitutions to existing landscaping, including the removal of turf or water features. 5 Minor adjustments substitutions, or additions to architectural features such as pilasters canopies trellises, shade structures, overhangs, eaves parapets cornices or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building. 6 Changes substitutions or adjustments to the approved color palate or material colors. 549 D. Ineligibility. Modifications by Applicant which have been determined by the Planning Director Planning Commission, or City Council to exceed these standards or constitute a significant change shall require application and approval of an amended Site Development Permit or amended Village Use Permit. 550 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE, 1.) ESTABLISH SUNSET PROVISIONS FOR INACTIVE AND INCOMPLETE APPLICATIONS (13.04.080), 2.) CORRECT THE MANDATORY FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAPS (13.12.130), 3.) SPECIFY THE TIMING OF PARKLAND FEES (13.48.080), AND 4.) CORRECT AND REMOVE OUTDATED GENERAL PLAN POLICY REFERENCES (13.48.090 & 13.48 APPENDIX). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Subdivision Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Subdivision Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241" of March, 2009, hold a duly noticed Public Hearing for review of a Subdivision Text Amendment to establish sunset provisions for inactive and incomplete applications (13.04.080), to correct the mandatory findings of approval for tentative tract maps (13.12.130), to specify the timing of parkland fees 0 3.48.0801, and to correct text and remove an appendix identifying outdated General Plan parkland policies (13.48.090 & an Appendix to 13.48); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 21" day of April, 2009, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 13, the Subdivision Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "E," on file in the Planning Department. SECTION 2. ENVIRONMENTAL. The Planning Director has determined said Subdivision Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that 551 Ordinance No. Subdivision Text Amendment 2008-096 April 21, 2009 Page 2 of 3 the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 21"day of April, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California 552 Ordinance No. Subdivision Text Amendment 2008.096 April 21, 2009 Page 3 of 3 F_r1I11I*]l1A VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 553 EXHIBIT A 13.04.080 Sunset provisions regarding incomplete and inactive subdivision applications. A. Incomplete Application Sunset Provisions. All subdivision applications which remain incomplete and inactive for a minimum 6 month period shall have a written 30 day warning notification forwarded to the applicant. If no action is taken by the applicant regarding the application within 30 days thereafter, the application shall automatically be withdrawn and closed. 554 EXHIBIT B 13.12.130 Mandatory findings of approval. A tentative map shall be approved by the city only if the city makes all of the following findings: A. The proposed map or vesting map is consistent with the city general plan and any applicable specific plans. B. The design or improvement of the proposed subdivision is consistent with the city general plan and any applicable specific plans. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. E. The design of the subdWisien OF the PFOpesed inIpFevements are not likely to eause substantial eRV*FenFnental damage OF substantially and avoidably *njUFe fish eF wildlife eF theffiF habitat. E. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development. F. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance including but not limited to minimum lot area requirements any other applicable provisions of this code, and the Subdivision Map Act. G. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. (Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) 555 EXHIBIT C 13.48.080 Processing procedures. At the time of approval of the tentative map the city shall determine the amount of land to be dedicated 9F the fees to be paid, eF beth. At the time of the filing of the final map the city shall determine the fees to be paid. Dedications of land and in -lieu payments shall be made prior to or concurrently with recordation of the first final map within the tentative map or approval of a waiver of parcel map. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map, based upon the acreage of the phased map and in accordance with the applicable provisions of this chapter. 556 EXHIBIT D 13.48.090 General plan criteria. The city general plan contains a number of policies on parkland development. Those policies have been compiled and placed in the Parks and Recreation Element of the General Plan an appendix set out at the end of *huh 557 EXHIBIT E The City Shall Fevise, and make FAOFe spe6fio, its existing OFdmRaFiee- as net su gee♦ I is 1 « a . e e that en appFOPFmately sized awe (i.e., fleedin a+^e^ slepe te tal envirenmenW OF sandral The City shall develep a five yeaF sehedule te speeify hewwhen and wheFe «� a .d a' land d/ f •II ti •I' .d ea +e e ele e . ♦e M • The City its te lands to shall utilize ability PUFehase, fees have been sell OF eenvey and a ete.d de.disate.d fOF utalaze whieh p sly OF paFk and ....tie.. PUFpeses. The aeFeage . fees feF whiGh the .. sly de.d'eete.d was originally exaGted. 559 T,df 4 4 a" COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving an Increase of the Vehicle Impound Cost Recovery Fee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council to increase the Vehicle Impound Cost Recovery Fee. FISCAL IMPICATIONS: The estimated cost to the City for an officer's time and vehicle mileage for completing a vehicle impound has been determined by the Sheriff's Department to be $124 (cost rounded down to the nearest dollar) Attachment 1. Although the number of vehicles to which the fee applies varies each year, there were 528 vehicles in Fiscal Year 2007/2008 for which the current $100 fee was charged and collected. If the same amount of activity were to occur in the next year, the revised fee would generate an additional $12,672. This increase would simply cover the increased costs to the City for vehicle impounds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: 1 560 California Vehicle Code Section 22850.5 authorizes cities to levy fees to recoup the administrative costs associated with impounding vehicles. The City of La Quinta currently has a Vehicle Impound Cost Recovery fee of one hundred dollars ($100) per vehicle, as established by Resolution 2004-070 (Attachment 2). The administrative cost to the City of La Quinta for vehicle removal, impound, storage, or vehicle release has increased, necessitating an increase in the Vehicle Impound Cost Recovery fee from $100.00 to $124.00 Adoption of this Resolution will enable the City to recoup the increased administrative costs now totaling one hundred twenty four dollars ($124) per vehicle. A Notice of Public Hearing was advertised in The Desert Sun newspaper on April 3, 2009. To date, no comments have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving an increase in the Vehicle Impound Cost Recovery fee to $124 per vehicle; or 2. Do not adopt the Resolution; or 3. Provide staff with alternate direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager 2 561 Attachments: 1. Memorandum from Lt. R. Gregory, dated February 24, 2009 2. Resolution 2004-070 ,3.. 562 RESOLUTION 2009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA INCREASING THE VEHICLE IMPOUND COST RECOVERY FEE WHEREAS, the Riverside County Sheriff's Department, acting as the La Quinta Police Department, impounds or stores numerous and various vehicles from highways, public property, or private property, in the City of La Quinta during the normal course of duty; and WHEREAS, the Riverside County Sheriff's Department, acting as the La Quinta Police Department, impounds or stores vehicles pursuant to its authority under the California Vehicle Code sections 22650 through 22669; and WHEREAS, Vehicle Code Section 22850.5 authorizes cities by ordinance or resolution to establish an administrative charge relating to the removal, impound, storage, or release of vehicles; and WHEREAS, stolen and embezzled vehicle victims should be exempt from service fees for impoundment and release of stolen vehicles; and WHEREAS, situations may arise that warrant the exercise of prudent discretion to forego or excuse the proposed service fee; and WHEREAS, the administrative cost to the City of La Quinta for vehicle removal, impound, storage, or vehicle release has increased, necessitating an increase in the administrative charge from $100.00 to $124.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. Pursuant to Vehicle Code Section 22850.5, the administrative fee for the recovery of impounded vehicles shall be increased from one hundred dollars ($100) to one hundred and twenty-four dollars ($124) and shall be effective upon adoption of this Resolution. Section 2. The victims of stolen or embezzled vehicles shall be exempt from this administrative fee when their vehicles are released from impound. Section 3. The Riverside County Sheriff's Department, acting as the La Quinta Police Department, may, in the exercise of its discretion, forego or excuse this administrative fee when deemed appropriate by the Chief. w.•.; 563 Resolution 2009- Vehicle Impound Fee Adopted: April 21, 2009 Page 2 of 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 21 day of April, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California „-1 564 City of ATTACHMENT 1 To: Bret Plumlee, Assistant City Manager From: Lieutenant Raymond Gregory _ "Gem of the Desert" RE: Revised Vehicle Impound Cost Recovery Fee 8."w W# a. ki,..rci6 a-.y A.*; Llyvtw.t Date: February 24, 2009 California Vehicle Code Section 22850.5 authorizes cities to establish a charge equal to their administrative cost related to the removal, impound, storage or release of vehicles impounded or stored by legal authority. The La Quints Police Department has collected and transferred to the City this fee, known as a Vehicle Impound Cost Recovery (or VICR) Fee, since December 1996. During FY 2007/2008, this fee was charged and collected for 528 vehicles. The fee has historically been based on the cost of a contract city officer for one hour, plus an undefined charge for other administrative costs. The fee was last reviewed and revised in July 2004, when it was set at $100/vehicle. A review of the current contract rate situation has found the existing VICR fee is in need of adjustment to more closely reflect the true administrative cost incurred by the City for each vehicle seized. The contract city hourly rate for patrol officers is now set at $117.30/hour. This fee is calculated by the Sheriffs Department annually, announced in February or March, and applied retroactively to the start of the fiscal year. The fee is designed to include an administrative component to cover all standard costs except mileage. The average hourly mileage cost for La Quinta patrol units can be calculated by taking the Black & White Unit Mileage figure from the latest billing period (Billing Period #7) and dividing it by the number of patrol hours reported for the same period. That figure, in average miles driven per hour, can then be multiplied by the per mile rate for Black & White Units, currently $0.81/mile. For the current period, the calculation is as follows: Black & White Unit Mileage (41,073 miles) divided by Patrol Hours (4,412.50) multiplied by Per Mile Rate ($0.81) = VICR Mileage Cost ($7.54/hour) Using these current costs, the Total VICR cost calculation is: Contract City Hourly Patrol Rate ($117.30) plus VICR Mileage Cost ($7.54) = Total VICR Cost ($124.84). For ease of collection, I recommend the fee be rounded -down to the nearest dollar. Therefore, I request the La Quinta VICR Fee be revised and set at $124/vehicle. 565 ATTACHMENT 2 7- RESOLUTION NO. 2004-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA INCREASING THE VEHICLE IMPOUND COST RECOVERY FEE WHEREAS, the Riverside County Sheriff's Department, acting as the La Quinta Police Department, impounds or stores numerous and various vehicles from highways, public property, or private property, in the City of La Quints during the normal course of duty; and WHEREAS, the Riverside County Sheriff's Department, acting as the 'La Quinta Police Department, impounds or stores vehicles pursuant to its authority under the California Vehicle Code sections 22650 through 22669; and WHEREAS, Vehicle Code Section 22850.5 authorizes cities by ordinance or resolution to establish an administrative charge relating to the removal, impound, storage, or release of vehicles; and WHEREAS, stolen and embezzled vehicle victims should be exempt from service fees for impoundment and release of stolen vehicles; and WHEREAS, situations may arise that warrant the exercise of prudent discretion to forego or excuse the proposed service fee; and WHEREAS, the administrative cost to the City of La Quints for vehicle removal, impound, storage, or vehicle release has increased, necessitating an increase in the administrative charge from $60.00 to $100.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quints, California, as follows: Section 1. Pursuant to Vehicle Code Section 22850.5, the administrative fee for the recovery of. impounded vehicles shall be increased from sixty dollars ($60) to one hundred dollars ($100) and shall be effective upon adoption of this Resolution. Section 2. The victims of stolen or embezzled vehicles shall be exempt from this administrative fee when their vehicles are released from impound. Section 3. The Riverside County Sheriff's Department, acting as the La Quinta Police Department, may, in the exercise of its discretion, forego or excuse this administrative fee when deemed appropriate by the Chief. 566 Resolution No. 2004-070 vehicle Impound Cost Recovery Fee Increase Adopted: July 6, 2004 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of July, 2004, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None City of La Quints, California ATTEST: JUNE SGREEK, , City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: Z M, KAT/ERINE JENSO , City Attorney ^•ity of La Quinta, California 567